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Home My WebLink AboutOrdinance 6354113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6354 File Number: 2020-0688 Doc ID: 019438920004 Type: REL Kind: ORDINANCE Recorded: 09/16/2020 at 11:52:04 AM Fee Amt: $30.00 Paqe 1 of 4 Washinqton County, AR Kyle Sylvester Circuit Clerk File2020 00033090 VAC 20-7178: (4322 & 4334 W. BARHEM DR./LOTS 52 & 53-SLOANBROOKE SD, PH. V): AN ORDINANCE TO APPROVE VAC 20-7178 FOR PROPERTY LOCATED AT 4322 AND 4334 WEST BARHEM 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 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 the 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 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/l/2020 Page 1 Printed on 9/2/20 Ordinance: 6354 File Number. 2020-0688 Attest: .��y GCE R'K %� •r�F'' G� ��' TY0�•9u�� Mara Paxton. City Clerk Treasu&-r - �EV/��E� ;u �.�INSP • . • `�.` iiG /ION' 01 Page 2 Printed on 9/2/20 VAC20-7178 LOTS 52 & 53 - S LOAN B ROO KE 20-7178 Close up view EXHIBIT 'A' i z J J J 0 O . _. RHEM DRM\(. i '' Legend Planning Area Fayetteville City Limits Y Y WALES nR Z J Y DIVIDE DR a' x U Z MW co Y Subject Property Feet 0 75 150 300 450 1 inch = 200 feet TO a ir W .J a a =T NORTH 20-7178 L*A; I I.3 k 0 --1 LEGAL DESCRIPTION: (UTILITY EASEMENT TO BE VACATED) A part of the NE1/4 of the SW1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4 thence S02°23'43"W 392.30 feet to the centerline of a 15' utility easement, said point being the Point of Beginning; thence along said centerline N72°51'47"W 130.40 feet, thence N35°32'17"W 400.30 feet, thence N15°12'17"W 17.20 feet to the end of said 15' utility easement. Washington County, AR I certify this instrument was filed on 09/16/2020 11:52:04 AM and recorded in Real Estate File Number 2020-00033090 Kyle Sylvester - Circuit Clerk b:::< ' �= City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2020-0688 Agenda Date:9/1/2020 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 9 VAC 20-7178: (4322 & 4334 W. BARHEM DR./LOTS 52 & 53-SLOANBROOKE SD, PH. V): AN ORDINANCE TO APPROVE VAC 20-7178 FOR PROPERTY LOCATED AT 4322 AND 4334 WEST BARHEM 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 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 the 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 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 91212020 Garner Stoll Submitted By City of Fayetteville Staff Review Form 2020-0688 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 20-7178: Vacation (4322 & 4334 W. BARHEM DR./LOTS 52 & 53-SLOANBROOKE SD, PH. V, 516): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 4322 & 4334 W. BARHEM DR. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.17 acres. The request is to vacate a portion of a general utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ 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 Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner DATE: August 14, 2020 CITY COUNCIL MEMO SUBJECT: VAC 20-7178: Vacation (4322 & 4334 W. BARHEM DRJLOTS 52 & 53- SLOANBROOKE SD, PH. V, 516): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 4322 & 4334 W. BARHEM DR. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.17 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC 20-7178 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense. BACKGROUND: The subject property is located in west Fayetteville west of N. Rupple Road and south of W. Persimmon Street. The property is surrounded by The Villages of Sloanbrooke Subdivision, Phase V, the final plat of which was approved by Planning Commission on May 11, 2020. Request: The applicant proposes to vacate an existing 15-foot utility easement that runs through platted lots 51-54, 59, and 62. The utility easement is currently preventing development for single- family homes on lots 52 and 53. 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, with the condition 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 VAC20-7178 LOTS 52 & 53 - S LOAN B ROO KE 1 20-7178 Close up view EXHIBIT IN LA� WALES DR Z J Y DIVIDE DR---Q M 2 U Z W in I TOFINO DRY TOFINO DR w x� z Cs ! ARHEM DR Subject Property Legend I Feet - - Planning Area I 0 75 150 300 450 600 ;_ _ _ Fayetteville City Limits 1 inch = 200 feet C w .J a a M x NORTH 20-7178 EXHIBIT 'B' LEGAL DESCRIPTION: (UTILITY EASEMENT TO BE VACATED) A part of the NE1/4 of the SW1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4 thence S02°23'43"W 392.30 feet to the centerline of a 1S' utility easement, said point being the Point of Beginning; thence along said centerline N72°51'47"W 130.40 feet, thence N35°32'17"W 400.30 feet, thence N15°12'17"W 17.20 feet to the end of said 15' utility easement. CITY OF FAYETTEVILLE ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission THRU: Jonathan Curth, Development Review Manager FROM: Jessie Masters, Senior Planner MEETING DATE: August 10, 2020 Updated with PC hearing results from 8/10/2020 SUBJECT: VAC 20-7178: Vacation (4322 & 4334 W. BARHEM DR./LOTS 52 & 53- SLOANBROOKE SD, PH. V, 516): Submitted by JORGENSEN & ASSOCIATES, INC. for property located at 4322 & 4334 W. BARHEM DR. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 1.17 acres. The request is to vacate a portion of a general utility easement. RECOMMENDATION: Staff recommends forwarding VAC 20-7178 to City Council recommending approval with the following conditions. RECOMMENDED MOTION: "I move to forward VAC 20-7178 to City Council recommending approval with all conditions as recommended by staff." BACKGROUND: The subject property is located in west Fayetteville west of N. Rupple Road and south of W. Persimmon Street. The property is surrounded by The Villages of Sloanbrooke Subdivision, Phase V, the final plat of which was approved on May 11, 2020. Surrounding land use and zoning is depicted in Table 1. Table 1: Surroundinq Land Use and Zoning Direction Land Use Zoning North Undeveloped/Residential NC, Neighborhood Conservation South Undeveloped/Residential NC, Neighborhood Conservation West Undeveloped/Residential NC, Neighborhood Conservation East Undeveloped/Residential NC, Neighborhood Conservation, CS Community Services Proposal: The applicant proposes to vacate an existing 15-foot utility easement that runs through platted lots 51-54, 59, and 62. The utility easement is currently preventing development for single- family homes on lots 52 and 53. Planning Commission August10.2020 Agenda Item 3 20-7178 Sloanbrooke V Page 1 of 9 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 Response Cox Communications Any damage or relocation of existing facilities will be at the applicant's expense. 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 No objections and no comment. Transportation No objections and no comment. Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 20-7178 to City Council recommending approval with the following conditions. Conditions of Approval: 1. Any damage or relocation of existing facilities will be at the applicant's expense. PLANNING COMMISSION ACTION: Required YES Date: August 10, 2020 O Tabled M Forwarded O Denied Motion: Belden On consent agenda Second: Canada JVote: 8-0-0 Planning Commission G:\ETC\Development Services Review\2020\Development Services\20-7178 VAC 4322 & 4334 W. Barhem Dr. (Lots August 10, 2020 52 & 53-Sloanbrooke V) 516\03 PC\08-10-2020 Agenda Item 3 20-7178 Sloanbrooke V Page 2 of 9 BUDGET/STAFF IMPACT: None Attachments: • Petition to Vacate • Vacation Exhibit • Legal Description • One Mile Map • Close-up Map • Current Land Use Map Planning Commission GAETC\Development Services Review\2020\Development Services\20-7178 VAC 4322 & 4334 W. Barhem Dr. (Lots August 10. 2020 52 & 53-Sloanbrooke V) 516\03 PC\08-10-2020 Agenda Item 3 20-7178 Sloanbrooke V Page 3 of 9 Easement Vacate PETITION TO VACATE PART OF AN EASEMENT LOCATED IN THE CITY OF FAYETTEVILLE, ARKANSAS. TO: The City of Fayetteville Planning Commission and The City of Fayetteville City Council We, the undersigned, being all the owners of the real estate abutting the said easement hereinafter sought to be vacated, lying in City of Fayetteville, Arkansas, petition to vacate part of an easement which is described as follows: A part of the NE1/4 of the SW1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4 thence S02°23'43"W 392.30 feet to the centerline of a 15' utility easement, said point being the Point of Beginning; thence along said centerline N72°51'47"W 130.40 feet, thence N35°32'17"W 400.30 feet, thence N15°12'17"W 17.20 feet to the end of said 15' utility easement. That the abutting real estate affected by said vacation would not be adversely affected by the vacation 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 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 easements. Dated this [ '{ , day of V 1 2020. Mark Marquess Printed Name J Signature Planning Commissior August 10. 202C Agenda Item 3 20-7178 Sloanbrooke V Page 4of9 N I 15 7�s5o983000 6 !11 5 MM (�1 76 -313tJ 000 ARIESA 8 RANDY 30LIN ; 765-31315-M ST VE JOHNSON W E : CHARLEE SLOAN-ROGE S 3 Cj AMBLEE CIR. 4 3 W. DIVIDE DRIVE TBSVILLE, AR. 72501 : 851 COUNTY ROAD :3 F ETTEVILLE, AR. 72704 2, I 1111 I �1NMG: NC : CLARKSVILLE AR. 728 0 2 'ING: NC S ZONING: NC THE VILLAGES F SLOANBROOK PHASE 4 e 40 LINE NE CORNER — — 765-16269-105 N15'12'17"W • 40 INE HOMES LLCNE1/4, SW1/4 1720� 3420 N. PLAINVIEW AVE. 13-16- a - FAYETTEVILLE. AR. 72703 T+` Y ZONING: NC \ (FOUND s 1 0 cli 91 N 765-2236&300 vI o RNER.WOOD HOMES LLC. ! 15' U.E. FILE FAME NEVLLI°NVI Wit . — —Lj I UTILITY ESMT. \ #1236-095 ZONING: NC o I I w (TO BE VACATED) 1 _ ......................... -1...... ... r--' — _ - ........a�........... _ —=-► ............ z JI i? : \ x z ,,,....,...... THE VILLS OF SLOAN fi00KE PH 5 L :, �. _� L — — 1 I � LEGAL DESCRIPTION: (UTILITY EASEMENT TO BE VACATED) A part of the NE1/4 of the SW1/4 of Section 13, T16N, R31 W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4 thence S02'23'43"W 392.30 feet to the centerline of a 15' utility easement, said point being the Point of Beginning; thence along said centerline N72°51'47"W 130.40 feet, thence N35°32'17"W 400.30 feet, thence N15'12'17"W 17.20 feet to the end of said 15' utility easement. ,Suite 5 124 J O R G E N S E N to aye ille,rAR 7 70v3 +ASSOCIATES 4807 7 Fax: 479.82 Civil E' veying wtvw.jorgensenasscc.ccm 124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807 SCALE: 1"=100' DATE REVISED CHECKED BY: DLJ DRAWN BY: BJR DATE: JUNE 23, 2020 Z:\SUBD\2018064\UE VACATE UTILITY EASEMENT TO BE VACATED EXH 1 B IT "A" 1sslon August 10. 2020 Agenda Item 3 20-7178 Sloanbrooke V Page 5 of 9 LEGAL DESCRIPTION: (UTILITY EASEMENT TO BE VACATED) A part of the NE1/4 of the SW1/4 of Section 13, T16N, R31W in Washington County, Arkansas, and being described as follows: Commencing at the NE Corner of said NE1/4, SW1/4 thence S02°23'43"W 392.30 feet to the centerline of a 15' utility easement, said point being the Point of Beginning; thence along said centerline N72°51'47"W 130.40 feet, thence N35°32'17"W 400.30 feet, thence N15°12'17"W 17.20 feet to the end of said 15' utility easement. Planning Commission August10.2020 Agenda Item 3 20-7178 Sloanbrooke V Page 6of9 Agenda Item 3 20-7178 Sloanbrooke V Page 7 of 9 VAC20-7178 LOTS 52 & 53 - SLOANBROOKE Close Up View z J �J J RHEM D WALF.R nQ � o z z J Y DIVIDE DR-�x Q 2 U z W m TOFINO DRY: I -- TOFINO DR ., ■ MiAllimillb. Subject Property Legend I Feet Planning Area I 0 75 150 300 450 600 Fayetteville City Limits 1 inch = 200 feet A& NORTH Planning Co mission 10.2020 Agenda Item 3 20-7178 Sloanbrooke V Page 8 of 9 VAC20-7178 LOTS 52 & 53 - SLOANBROOKE 5 A& Current Land Use NORTH .0 DIVIDE DR C • r. . . _ - .1 o Single -Family Residential O I �._�..__ _-r___.. , � = n "roc I _ t N0 .p D 5 a TOFINO DR tY s U Z Single -Family Residential R� w m y (Under Construction) Single -Family Residential uJ (Under Construction) 00 Subject Property BARHEM DR Single -Family Residential (Under Construction)' } FEMA Flood Hazard Data 0 100-Year Floodplam Feet EFloodway �- - -, Planning Area 0 55 110 220 330 440 ,- - -, 1 inch = 150 feet - - -, Fayetteville City Limits Planning JCo mission A.10,2020 Agenda Item 3 20-7178 Sloanbrooke V Page 9 of 9 amoffAmmm &jZC& r C ...; 7: l C ..'r r.''r VILL ,'',F '27C3 • z-d :'-1 i C • Ay :ii . :i '-Ts • A� ;l? AFFIDAVIT OF PUBLICATION I, 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 6354 Was inserted in the Regular Edition on: September 6, 2020 Publication Charges: $103.36 Brittany ith Subscribed and sworn to before me This Q day of� , 2020. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. jM2 pCA 725 M�KPR S••Febtuacoov E. Whin9t0� Ordinance: 6354 File Number: 2020-0688 VAC 20-7178: (4322 & 4334 W. BARHEM DR./LOTS 52 & 53- SLOANBROOKE SD, PH. V): AN ORDINANCE TO APPROVE VAC 20-7178 FOR PROPERTY LOCATED AT 4322 AND 4334 WEST BARHEM 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 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 the 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 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 9/1/2020 Approved: Lioneld Jordan, Mayor Attest: Kara Paxton, City Clerk Treasurer 75316546 9/6/20