HomeMy WebLinkAboutOrdinance 6353�-�,, IIIIIIIIIIIIIIIIIillllllllllllllllllllllilililllllllllllllllllllllllllllllllllll
3� Doc ID: 019438910004 Type: REL
Kind: ORDINANCE
Recorded: 09/16/2020 at 11:51:48 AN
w Fee Amt: $30.00 Paqe 1 of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File202O-00033089
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6353
File Number: 2020-0684
VAC 20-7167 (4280 W. MLK BLVD./FLYING BURGER):
AN ORDINANCE TO APPROVE VAC 20-7167 FOR PROPERTY LOCATED AT 4280 WEST
MARTIN LUTHER KING 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 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 the portion of
general utility 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 following conditions:
Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. Maintain 15-foot radial clearance from closest overhead electric line.
Page 1 Printed on 912120
Ordinance: 6353
File Number. 2020-0684
PASSED and APPROVED on 9/l/2020
Attest: ���IIIIf r
K
�1T Y
OX, G ;
• FAYE17EVILLE
• .
Kara Paxton. City Clerk Treasurer: ;
.,'yips.
�'/ ;G SON► i ►0►��``
Page 2 Printed on 9/2/20
VAC20-7167
Close Up View
cs
Legend
- - Planning Area
Fayetteville City Limits
Building Footprint
FLYING BURGER
Subject Property
MAR G - BL 0
MC1N
Feet
0 25 50 100 150 200
1 inch = 80 feet
20-7167
EXHIBIT 'A'
Residential -Agricultural
R M F-24
Urban Thoroughfare
Community Services
20-7167
EXHIBIT 'B'
ALL THAT PART OF A 20' GENERAL UTILITY EASEMENT, AS SHOWN ON PLAT RECORDED IN
PLAT BOOK 2019, PG. 31222, RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING APART
OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT.- BEGINNING AT A POINT
WHICH IS S02°11'23'W 816.90'AND N76°05'32"E 109.38' FROM THE NORTHWEST CORNER OF
THE WEST HALF OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N76-05'32'E 47.16',
THENCE S13°5428"E 5.00, THENCE S76°05'32"W 47.16', THENCE N13°54'28"W 5.00' TO THE
POINT OF BEGINNING.
Washington County, AR
I certify this instrument was filed on
09/16/2020 11:51:48 AM
and recorded in Real Estate
File Number 2020-00033089
Kyle Sylvester - Circuit Clerk
y
City of Fayetteville, Arkansas 113 West Mountain Street
y-� \ Fayetteville, AR 72701
--�� (479) 575-8323
I
Text File
File Number: 2020-0684
Agenda Date: 9/1/2020 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C 8
VAC 20-7167 (4280 W. MLK BLVD./FLYING BURGER):
AN ORDINANCE TO APPROVE VAC 20-7167 FOR PROPERTY LOCATED AT 4280 WEST
MARTIN LUTHER KING 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 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 the portion of general
utility 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 following conditions:
1. Any relocation of or damage to existing utilities or existing facilities shall be at the
owner/developer's expense; and
2. Maintain 15-foot radial clearance from closest overhead electric line.
City of Fayetteville, Arkansas Pegg 1 Printed on 91212020
Garner Stoll
Submitted By
City of Fayetteville Staff Review Form
2020-0684
Legistar File ID
9/1/2020
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
8/14/2020 CITY PLANNING (630)
Submitted Date Division / Department
Action Recommendation:
VAC 20-7167: Vacation (4280 W. MLK BLVD./FLYING BURGER, 595): Submitted by BLEW & ASSOCIATES, INC. for
property located at 4280 W. MLK BLVD. The property is zoned UT, URBAN THOROUGHFARE and contains
approximately 0.01 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
$ -
s �
V20180321
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 1, 2020
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Garner Stoll, Development Services Director
FROM: Jonathan Curth, Development Review Manager
DATE: August 14, 2020
CITY COUNCIL MEMO
SUBJECT: VAC 20-7167: Vacation (4280 W. MILK BLVD./FLYING BURGER, 595):
Submitted by BLEW & ASSOCIATES, INC. for property located at 4280 W. MLK
BLVD. The property is zoned UT, URBAN THOROUGHFARE and contains
approximately 0.01 acres. The request is to vacate a portion of a general utility
easement.
RECOMMENDATION:
Staff and Planning Commission recommend approval of VAC 20-7167 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; and
2. Maintain 15-foot radial clearance from closest overhead electric line.
BACKGROUND:
The subject property is located north of Martin Luther King Boulevard, approximately 500 feet
west of its intersection with Rupple Road. The overall property remained largely undeveloped until
August of 2018 when the City Council rezoned the southern 1.86 acres of the property from R-A,
Residential Agricultural, to UT, Urban Thoroughfare. The balance of the property was left R-A in
association with floodplain of the North Fork Farmington. Following rezoning, the property was
developed with a restaurant that is currently in operation under a temporary certificate of
occupancy. Issuance of a full certificate of occupancy is contingent on approval of the proposed
utility easement vacation as a portion the structure's canopy encroaches therein.
DISCUSSION:
At the August 10, 2020 Planning Commission meeting, this item was forwarded as part of the
consent agenda to City Council with a recommendation for approval and the 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
20-7167
L=U 0.1l -1 h N : I
ALL THAT PART OF A 20' GENERAL UTILITY EASEMENT, AS SHOWN ON PLAT RECORDED IN
PLAT BOOK 2019, PG. 3122Z RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING APART
OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 24, TOWNSHIP 16 NORTH, RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT- BEGINNING AT A POINT
WHICH 1S S02°11'23"W 816.90' AND N76°05'32"E 109.38' FROM THE NORTHWEST CORNER OF
THE WEST HALF OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N76005'32"E 47.16',
THENCE S13°5428"E 5.00, THENCE S76°05'32"W 47.16', THENCE N13°5428"W 5.00' TO THE
POINT OF BEGINNING.
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
%PF ARKANSAS
TO: Fayetteville Planning Commission
FROM: Jonathan Curth, Development Review Manager
MEETING DATE: August 10, 2020 (Updated with Planning Commission Results)
SUBJECT: VAC 20-7167: Vacation (4280 W. MILK BLVD./FLYING BURGER, 595):
Submitted by BLEW & ASSOCIATES. INC. for property located at 4280 W.
MLK BLVD. The property is zoned UT, URBAN THOROUGHFARE and
contains approximately 0.01 acres. The request is to vacate a portion of a
general utility easement.
RECOMMENDATION:
Staff recommends forwarding VAC 20-7167 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 20-7167 to the City Council with a recommendation for approval with the
conditions recommended by staff."
BACKGROUND:
The subject property is located north of Martin Luther King Boulevard, approximately 500 feet
west of its intersection with Rupple Road. The overall property remained largely undeveloped until
August of 2018 when the City Council rezoned the southern 1.86 acres of the property from R-A,
Residential Agricultural, to UT, Urban Thoroughfare. The balance of the property was left R-A in
association with floodplain of the North Fork Farmington. Following rezoning, the property was
developed with a restaurant that is currently in operation under a temporary certificate of
occupancy. Surrounding land uses and zoning is depicted in Table 1.
Table 1
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Large Lot Residential
NC. Neighborhood Conservation;
UT, Urban Thoroughfare
South
Large Lot Residential
RMF-24. Residential Multi -family, 24 Units per Acre,
R-O, Residential Office
East
Car Wash
UT. Urban Thoroughfare
West
Multi -tenant Commercial
R-A, Residential Agricultural;
CS. Community Services
Proposal: The restaurant built on the site was placed approximately five feet south of its approved
location. This resulted in construction of a portion of the building within an existing utility
easement. Under §166.12 of the Unified Development Code, buildings are not permitted within
public utility easements. Accordingly, the applicant proposes to vacate approximately 236-square
feet of the existing utility easement as a precondition of certificate of occupancy issuance.
Planning Commission
August 10. 2020
Agenda Item 4
20-7167 Flying Burger
Page 1 of 8
DISCUSSION:
Vacation Approval: The applicant has submitted the required vacation forms to the relevant City
departments and franchise utility companies with the following responses:
Utility
Cox Communications
AEP/SWEPCO
BlackHills Energy AR
PG Telco
Ozarks Electric
City of Fayetteville
Water/Sewer
Solid Waste & Recycling
Transportation
Response
No objections and no comment.
Maintain 15-foot radial clearance from
closest overhead electric line.
No objections and no comment.
No objections and no comment.
No objections and no comment.
Response
No objections and no comment.
No objections and no comment.
No objections and no comment.
Public Comment:
No public comment has been received.
RECOMMENDATION: Staff recommends forwarding VAC 20-7167 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; and
2. Maintain 15-foot radial clearance from closest overhead electric line.
PLANNING COMMISSION ACTION: Required YES
Date: August 10, 2020 O Tabled M Forwarded O Denied
Motion: Belden, on the consent agenda
ISecond:Canada
B-0-0
Planning Commission
GAETC\Development Services Review\20200evelopment Services\20-7167 VAC August 10. 2020
4280 W. MLK Blvd. (Flying Burger) 595\03 PC\08-10-2020 Agenda Item 4
20-7167 Flying Burger
Page 2 of 8
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\2020\Development Services\20-7167 VAC August 10. 2020
4280 W. MILK Blvd. (Flying Burger) 595\03 PC\08-10-2020 Agenda Item 4
20-7167 Flying Burger
Page 3 of 8
VAC 20-7167
Petition to
Vacate
PETITION TO VACATE A (a portion of an existing 20 ft. utility easement) LOCATED IN (Section 24,
Township 16 North, Range 31 West), 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 a portion of an existing 20 ft. utility
easement hereinafter sought to be abandoned and vacated, lying in (Section 24, Township 16 North,
Range 31 West), City of Fayetteville, Arkansas, a municipal corporation, petition to vacate a portion of
an existing 20 ft. utility easement which is described as follows:
ALL THAT PART OF A 20' GENERAL UTILITY EASEMENT, AS SHOWN ON PLAT RECORDED IN
PLAT BOOK 2019, PG. 31222. RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING A PART
OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF
SECTION 24, TOWNSHIP 16 NORTH. RANGE 31 WEST, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT
WHICH 1S S02°11'23"W 816.90' AND N76'05'32"E 109.38' FROM THE NORTHWEST CORNER OF
THE WEST HALF OF SAID FORTY ACRE TRACT, AND RUNNING THENCE N76'05'32 E 47.16',
THENCE S13°54'28"E 5 00'. THENCE S76°05'32W 47.16', THENCE N13'5428"W 5.00' TO THE
POINT OF BEGINNING.
That the abutting real estate affected by said abandonment of the above described utility easement is
(parcel 765-16286-000) 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 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 17" day of June 2020
Planning Commission
August 10. 2020
Agenda Item 4
20-7167 Flying Burger
Page 4 of 8
NW CORNER
WEST
/
NW}, SEJ
SECTION 24
N $
T-16-N R-31-W
I P
Existing Stone
P.O.C.
ti
Northing: 632173.35
Easting:655346.35
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Tract 1
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0.46' East Of The
West Line Of The
NAN 114. S7E 114,
- : RJVV
Possible Deed Gap
VAC 20-7167
Existing 1/2"Rebar
2872.44 Sq. Feet 3
0.07 Acres t��♦
Vacation
1"Pipe
/Northing:
631869.59
77'East Of The
West Line Of The
-'15: 340,13_ — — — —
S 82°31.
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-
Exhibit
Z 15 I Easting:
655672.59
NW 1,14, SE 114 _ _ _ _
203.51'—
_ — N 82° 1"E
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P.O.B.
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Existing st Line _ s ®— s —
s _East Of The We114, SE 114
Of The NW
Parcel 765-16286-000
TRACT 1
(Book 2019, Pg. 31222)
2.20 Acres i
EASEMENT VACATION
ALL THAT PART OF A 20' GENERAL UTILITY EASEMENT,
AS SHOWN ON PLAT RECORDED IN PLAT BOOK 2019,
PG. 31222, RECORDS OF WASHINGTON COUNTY,
ARKANSAS, BEING A PART OF THE WEST HALF OF THE
NORTHWEST QUARTER OF THE SOUTHEAST QUARTER
OF SECTION 24, TOWNSHIP 16 NORTH. RANGE 31 WEST,
WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT.
BEGINNING AT A POINT WHICH IS S02°11'23W 816.90'
AND N76°05'32"E 109.38' FROM THE NORTHWEST
CORNER OF THE WEST HALF OF SAID FORTY ACRE
TRACT, AND RUNNING THENCE N76°05-32"E 47.16',
THENCE S13°54-28"E 5.00', THENCE S76°05'32"W 47.16',
THENCE N13°54"28"W 5.00' TO THE POINT OF BEGINNING.
LINE
BEARING
DISTANCE
L 1
S 13°54'07" E
32.65'
L2
S 13°54"28"E
5.00,
L3
N 13°5428" W
5.00'
BOUNDARYLINE
— — — — FORTY UNE
— — — CENTERLINE OF ROAD (CL)
— — — — RIGHT-OF-WAY (RW
— • • — • • — UTILITY EASEMENT(UE.)
w
FOUND MONUMENT A NOTED
P.O.B. POINT OF BEGINNING
N
\
P.O.C. POINT OF COMMENCEMENT
N.T.S. NOT TO SCALE
M S. P. MASTER STREET PLAN
N
® EASEMENT VACATIONAREA
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Easement
Area To Be
Vacated
P O.B.
E� emeM .p532� E 41 16' t- I
s—srac52—s—s—s—s—ss
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Parcel 765-16286-000
TRACT 2
(Book 2019, Pg. 31222) 1
1.44 Acres t
I
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ty I
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o I
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Possible Deed Overlap
1455.96 Sq. Feet*
0.03 Acres t
Existing 112"Rebar DJ
N40°41'15"W 6.5l' From 4,6
Deeded Property Comer
Rebar . .
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Easement Vacation Exhibit 01
Certificate of Authorization Ne 1534 Date: (16/02/2020
1823 N. Shiloh Drive . Favert—Ile. Arkan as 72703. 4-9.443.4506 Offiec .479.582.1883 Paz Planning Commission
August 10. 2020
Agenda Item 4
20-7167 Flying Burger
Page 5 of 8
Agenda Item 4
20-7167 Flying Burger
Page 6 of 8
Agenda Item 4
20-7167 Flying Burger
Page 7 of 8
VAC20-7167 FLYING BURGER AAL I
Current Land Use NORTH
Orr
is -
Commercial
* Subject Property
Commercial
tAMARG
K\J
Undeveloped _
,..' �\
fit. -
t
FEMA Flood Hazard Data
10o-Year Floodplain
Feet Floodway
Trail (Proposed)
0 35 70 140 210 280
' ;Planning Area
_-
1 inch = 100 feet
Fayetteville City Limits
'---
Planning Co mission
10.2020
Agenda Item 4
20-7167 Flying Burger
Page 8 of 8
Democrat azQffe
r. k..eC „' ET L`.''ILLL 7 ;02 ... 4 -1' f
AFFIDAVIT OF PUBLICATION
1, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the
Northwest Arkansas Democrat -Gazette, a daily newspaper printed and
published in said County, State of Arkansas; that I was so related to this
publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
the several publications of said advertisement stated below, and that during said
periods and at said dates, said newspaper was printed and had a bona fide
circulation in said County; that said newspaper had been regularly printed and
published in said County, and had a bona fide circulation therein for the period of
one month before the date of the first publication of said advertisement; and that
said advertisement was published in the regular daily issues of said newspaper
as stated below.
City of Fayetteville
Ord 6353
Was inserted in the Regular Edition on:
September 6, 2020
Publication Charges: $106.40
Brittany Smith
Subscribed and sworn to before me
This 12 day of , 2020.
CATHERIS10E ST AG 402772
cOMMISu ry 28, 2025
:,,W f 1—EXPIFES'.Feb counH
W m to
Notary Public �/2�kwo_
My Commission Expires:
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Ordinance: 6353
File Number: 2020-0684
VAC 20-7167 (4280 W. MLK
BLVD./FLYING BURGER):
AN ORDINANCE TO APPROVE VAC
20-7167 FOR PROPERTY LOCATED
AT 4280 WEST MARTIN LUTHER
KING 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 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 the portion of general utility
easement as described in Exhibit B
attached to the Planning Department's
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. Any relocation of or damage
to existing utilities or existing facilities
shall be at the owner/developers
expense;and
2. Maintain 15-foot radial
clearance from closest overhead electric
line.
PASSED and APPROVED on 9/12020
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton. City Clerk Treasurer
75316483 9/620