HomeMy WebLinkAboutOrdinance 6560Ordinance: 6560
File Number: 2022-0253
PASSED and APPROVED on 4/19/2022
Attest:
CITE •��
Kara Paxton, City Clerk Treasurer
Page 2 Printed on 4120122
VAC-2022-000005
EXHIBIT 'By
J O R G E N S E N 124 W Sunbridge Drive, Suite 5
Fayetteville, AR 72703
2.9127
+ASSOCIATES Office: rgens nasso
www.�orgensenassoc.com
�. Civil ErnyirreL,,� , ourveyiny Established 1985
ACCESS & UTILITY EASEMENTS LEGAL DESCRIPTIONS:
20 FOOT WIDE UTILITY EASEMENT TO BE VACATED:
A 20 FOOT WIDE UTILITY EASEMENT, BEING LOCATED ON PART OF LOTS 3 & 4,
MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AS PER PLAT IN FILE #0023-00000234, BEING A REPLAT OF
SPRINGWOODS LOT #1, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE
OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING
S02001'43"W 289.80 FEET AND S89012'03"E 40.01 FEET TO THE POINT OF BEGINNING,
AND RUNNING THENCE N02001'43"E 10.00 FEET; THENCE S89012'03"E 187.74 FEET;
THENCE S02003'34"W 20.00 FEET; THENCE N89012'03"W 187.72 FEET; THENCE
N02001'43"E 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3,755
SQUARE FEET, OR 0.09 ACRES, MORE OR LESS.
28 FOOT BY 100 FOOT ACCESS EASEMENT TO BE VACATED:
A 28 FOOT BY 100 FOOT ACCESS EASEMENT, BEING LOCATED ON PART OF LOTS 3 &
4, MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AS PER PLAT IN FILE #0023-00000234, BEING A REPLAT OF
SPRINGWOODS LOT #1, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE
OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING
S02001'43"W 289.80 FEET AND S89012'03"E 227.74 FEET TO THE POINT OF BEGINNING,
AND RUNNING THENCE N02003'34"E 14.01 FEET; THENCE S89°12'09"E 81.68 FEET;
THENCE ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 38'01'10", HAVING A
RADIUS OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N71047-11"E 19.54 FEET TO
THE WESTERN RIGHT OF WAY OF WEST FOXGLOVE DRIVE, AND RUNNING ALONG
SAID RIGHT OF WAY S02002'42"W 41.59 FEET; THENCE LEAVING SAID RIGHT OF WAY
ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 40033'48", HAVING A RADIUS
OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N68.55-31 "W 20.80 FEET, THENCE
N89012'09"W 80.36 FEET; THENCE N02003'34"E 14.01 FEET TO THE POINT OF
BEGINNING, CONTAINING IN ALL 2,883 SQUARE FEET, OR 0.07 ACRES, MORE OR
LESS.
J O R G E N S E N 124 W Sunbridge Drive, Suite 5
■ +ASSOCIATES Fffice: v9-44. 12703
Office: 479.442.9127
www lorgensenassoc.com
Civil Engineering Sur\,-,.,,,,j Established 198S
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
The purpose and intent of this Utility & Access easement vacation is to help in a separate phase
of this project, which is a lot combination.
The owners and developers of Parcels #765-25748-000 & #765-25747-000 (Lots 3 & 4, Meadow Field
Commercial Subdivision) wish to join the two lots and develop them as one. Vacating the utility
easement and the access easement running along the shared line of these two lots would allow the lot
to be developed in a way more consistent with the surrounding properties.
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0253
Agenda Date: 4/19/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: CA
VAC-2022-005 (WEST FOXGLOVE DRJADVENTURE SUBARU):
AN ORDINANCE TO APPROVE VAC 22-005 FOR PROPERTY LOCATED AT WEST FOXGLOVE
DRIVE IN WARD 2 TO VACATE A PORTION OF A GENERAL ACCESS AND 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 an access and 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 a general
access and 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 damage to or relocation of existing
facilities will be at the applicant's expense.
City of Fayetteville, Arkansas Page 1 Printed on 412012022
City of Fayetteville Staff Review Form
2022-0253
Legistar File ID
4/19/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 4/1/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2022-000005: Vacation (WEST FOXGLOVE DR./ADVENTURE SUBARU, 286): Submitted by JORGENSEN &
ASSOCIATES, INC. for properties located at W. FOXGLOVE DR. in WARD 2. The properties are zoned CPZD,
COMMERCIAL PLANNED ZONING DISTRICT and contain approximately 4.38 acres. The request is to vacate a portion
of a general access and utility easement that contains approximately 0.15 acres.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF APRIL 19, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
Jessie Masters, Development Review Manager
FROM: Ryan Umberger, Senior Planner
DATE: April 1, 2022
CITY COUNCIL MEMO
SUBJECT: VAC-2022-000005: Vacation (WEST FOXGLOVE DRJADVENTURE SUBARU,
286): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located at
W. FOXGLOVE DR. in WARD 2. The properties are zoned CPZD, COMMERCIAL
PLANNED ZONING DISTRICT and contain approximately 4.38 acres. The request
is to vacate a portion of a general access and utility easement that contains
approximately 0.15 acres.
RECOMMENDATION:
Staff recommends approval of VAC-2022-000005 as shown in the attached Exhibits 'A' and 'B',
and with the following condition of approval:
1. Prior to easement vacation, new waterline must be reviewed and approved by City
Engineering, the new waterline shall be constructed, accepted, and new easement
dedicated. At that time existing waterline can be abandoned and this easement vacated.
2. Any damage or relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property is in northwest Fayetteville, roughly'/2 mile southwest of the Highway 112
and Interstate 49 interchange. The property is a part of the Springwoods CPZD and encompasses
two parcels totaling approximately 4.38 acres. Originally platted as Lot 1 of the Springwoods PZD,
the subject property now represents Lots 3 and 4 for the Meadow Field Commercial Subdivision
(FPL 06-2082). At the March 14, 2022 Planning Commission a large scale development (LSD-
2022-000003) was approved for the development of a 15,826-square foot automotive dealership
service center and associated parking.
Request: The applicant proposes to vacate a portion of an existing access and utility easement
as indicated in the attached exhibits and totaling approximately 0.15 acres.
DISCUSSION:
The applicant submitted the
providers with no objections
staff recommends approval.
required approvals from the public and private utility and service
With submittal of the required vacation forms and utility consent,
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Request Letter
• Petition to Vacate
• Survey
VAC-2022-000005 Vacation
Close Up View
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FOX61LOVE DR
\ Subject Property
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Neighborhood Link
Freeway/Expressway
Residential Link
Planning Area
Feet Commercial, Industrial, Residential
Fayetteville City Limits
- - - Shared -Use Paved Trail 0 75 150 300 450 600
_ _ _ 1:2,400
Design Overlay District
J O R G E N S E N 124 W Sunbridge Drive, Suite 5
. Fayetteville, AR 72703
2.9127
+ASSOCIATES Office: rgens nasso
www.jorgensenassoc.com
v Civil Engineering Surveying Established 1985
ACCESS & UTILITY EASEMENTS LEGAL DESCRIPTIONS:
20 FOOT WIDE UTILITY EASEMENT TO BE VACATED:
A 20 FOOT WIDE UTILITY EASEMENT, BEING LOCATED ON PART OF LOTS 3 & 4,
MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AS PER PLAT IN FILE #0023-00000234, BEING A REPLAT OF
SPRINGWOODS LOT #1, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE
OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING
S02001'43"W 289.80 FEET AND S89012'03"E 40.01 FEET TO THE POINT OF BEGINNING,
AND RUNNING THENCE N02001'43"E 10.00 FEET; THENCE S89012'03"E 187.74 FEET;
THENCE S02003'34"W 20.00 FEET; THENCE N89012'03"W 187.72 FEET; THENCE
N02001'43"E 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3,755
SQUARE FEET, OR 0.09 ACRES, MORE OR LESS.
28 FOOT BY 100 FOOT ACCESS EASEMENT TO BE VACATED:
A 28 FOOT BY 100 FOOT ACCESS EASEMENT, BEING LOCATED ON PART OF LOTS 3 &
4, MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF FAYETTEVILLE,
ARKANSAS, AS PER PLAT IN FILE #0023-00000234, BEING A REPLAT OF
SPRINGWOODS LOT #1, AS PER PLAT OF SAID SUBDIVISION ON FILE IN THE OFFICE
OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY,
ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING
S02001'43"W 289.80 FEET AND S89012'03"E 227.74 FEET TO THE POINT OF BEGINNING,
AND RUNNING THENCE N02003'34"E 14.01 FEET; THENCE S89012'09"E 81.68 FEET;
THENCE ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 38001'10", HAVING A
RADIUS OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N71 °47'11 "E 19.54 FEET TO
THE WESTERN RIGHT OF WAY OF WEST FOXGLOVE DRIVE, AND RUNNING ALONG
SAID RIGHT OF WAY S02002'42"W 41.59 FEET; THENCE LEAVING SAID RIGHT OF WAY
ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 40033'48", HAVING A RADIUS
OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N68055'31 "W 20.80 FEET; THENCE
N89012'09"W 80.36 FEET; THENCE N02003'34"E 14.01 FEET TO THE POINT OF
BEGINNING, CONTAINING IN ALL 2,883 SQUARE FEET, OR 0.07 ACRES, MORE OR
LESS.
J O R G E N S E N 124 W Sunbridge Drive, Suite 5
. Fayetteville, AR 72703
2.9127
+ASSOCIATES Office: rgens nasso
www.jorgensenassoc.com
v Civil Engineering Surveying Established 1985
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
The purpose and intent of this Utility & Access easement vacation is to help in a separate phase
of this project, which is a lot combination.
The owners and developers of Parcels #765-25748-000 & #765-25747-000 (Lots 3 & 4, Meadow Field
Commercial Subdivision) wish to join the two lots and develop them as one. Vacating the utility
easement and the access easement running along the shared line of these two lots would allow the lot
to be developed in a way more consistent with the surrounding properties.
♦� JORGENSEN
'ASSOCIATES
124 W Sunbridge Drive. Suite 5
Fayetteville, AR 72703
Office 479.442.9127
Established 1985
PETITION TO VACATE AN ACCESS EASEMENT AND A UTILITY EASEMENT LOCATED IN LOTS 3 & 4, MEADOW FIELD COMMERCIAL SUBDIVISION
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 easements hereinafter sought to be abandoned and vacated, lying in
Lots 3 & 4, Meadow Field Commercial Subdivision, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is
described as follows:
28 FOOT BY 100 FOOT ACCESS EASEMENT TO BE VACATED:
A 28 FOOT BY 100 FOOT ACCESS EASEMENT, BEING LOCATED ON PART OF LOTS 3 & 4, MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY
OF FAYETTEVILLE, ARKANSAS, AS PER PLAT IN FILE 40023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 41, AS PER PLAT OF SAID
SUBDIVISION ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING ATTHE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING S02'01'43"W 289.80 FEET AND S89'12'03"E 227.74 FEEFTO THE
POINT OF BEGINNING, AND RUNNING THENCE NO2"03'34"E 14.01 FEET; THENCE S89'12'D9"E 81.68 FEET; THENCE ALONG A CURVE TO THE LEFT,
THROUGH AN ANGLE OF 38'O1'10", HAVING A RADIUS OF 30.00 FEET, AND WHOSE LONG CHORD BEARS N71-47'11"E 19.54 FEETTO THE
WESTERN RIGHT OF WAY OF WEST FOXGLOVE DRIVE, AND RUNNING ALONG SAID RIGHT OF WAY S02-02'42"W 41.59 FEET; THENCE LEAVING
SAID RIGHT OF WAY ALONG A CURVE TO THE LEFT, THROUGH AN ANGLE OF 40-33-48", HAVING A RADIUS OF 30.00 FEET, AND WHOSE LONG
CHORD BEARS N68'55'31"W 20.80 FEET; THENCE N89'12'09"W 80.36 FEET; THENCE NO2'03'34"E 14.01 FEET TO THE POINT OF BEGINNING,
CONTAINING IN ALL 2,883 SQUARE FEET, OR 0.07 ACRES, MORE OR LESS.
20 FOOT WIDE UTILITY EASEMENT TO BE VACATED:
A 20 FOOT WIDE UTILITY EASEMENT, BEING LOCATED ON PART OF LOTS 3 & 4, MEADOW FIELD COMMERCIAL SUBDIVISION TO THE CITY OF
FAYETTEVILLE, ARKANSAS, AS PER PLAT IN FILE 40023-00000234, BEING A REPLAT OF SPRINGWOODS LOT 111, AS PER PLAT OF SAID SUBDIVISION
ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SAID LOT 4, AND RUNNING S02-01'43"W 289.80 FEET AND S89'12'03"E 40.01 FEET TO THE
POINT OF BEGINNING, AND RUNNING THENCE NO2'O1'43"E 10.00 FEET; THENCE S89'12'03"E 187.74 FEET; THENCE S02°03'34"W 20.00 FEET;
THENCE N89'12'03"W 187.72 FEET; THENCE NO2'OV43"E 10.00 FEET TO THE POINT OF BEGINNING, CONTAINING IN ALL 3,755 SQUARE FEET, OR
0.09 ACRES, MORE OR LESS.
That the abutting real estate affected by said abandonment of the easements are Lots 3 & 4, Meadow Field Commercial Subdivision, 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.
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CityClerk
From: Norton, Susan
Sent: Monday, April 4, 2022 8:18 AM
To: CityClerk
Subject: Fwd: Approval Tracking - Disapproval Notice To Approvers
Categories: FYI
Please approve this item.
Sent from my Whone
Begin forwarded message:
From: "Curth, Jonathan" <jcurth@fayetteville-ar.gov>
Date: April 4, 2022 at 8:14:52 AM CDT
To: "Norton, Susan" <snorton@fayetteville-ar.gov>
Subject: FW: Approval Tracking - Disapproval Notice To Approvers
Susan,
I received a Disapproval notice from the Clerk for item 2022-0253 in Legistar due to tardiness. This one is
purely my fault, I'm sorry. It was submitted and ready to go Friday, but I missed the "Approve" final step
after reviewing the draft. It is an easement vacation for the next phase of Adventure Subaru to begin,
and allowing it to move forward will help observe the project's timeline. The utilities have consented
and we are recommending approval. I would appreciate if you can ask the Clerk to let this one be placed
on the agenda for the 4/19 meeting.
Please let me know if you have questions or need details, and apologies for the issue so early on a
Monday.
Thanks,
Jonathan Curth, AICP
Development Services Director
Development Services Department
City of Fayetteville, Arkansas
jcurth@fayetteville-ar.gov
479.575.8308
Website I Facebook I Twitter I Youtube
•
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F.: BOX 160-7. c: AVE'r-E.'ILLE, AP, i27102.479-442.1700 - Ff%x' 479.60 418 • WcJW.NWADG COM
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 6560
Was inserted in the Regular Edition on:
April 24, 2022
Publication Charges: $104.88
d�� S
Brittany Smith
Subscribed and sworn to before me
This day of (,�?� , 2022.
dW4
Notary Public
My Commission Expires: u/2V
**NOTE**
Please do not pay from Affidavit.
Invoice will be sent.
Cathy Wiles
Benton COUNTY
NOTARY PUBLIC -ARKANSAS
My Commission Expires 02-20-2024
Commission No.12397118
Ordinance: 6560
File Number. 2022-0253
VAC-2022-005 (WEST FOXGLOVE
DRJADVENTURESUBARU):
AN ORDINANCE TO APPROVE VAC
22.005 FOR PROPERTY LOCATED
AT WEST FOXGLOVE DRIVE IN
WARD 2 TO VACATE A PORTION
OF A GENERAL ACCESS AND
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 an access and 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 a general access
and utility casement 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 damage
to or relocation of existing facilities will
be at the applicant's expense.
PASSED and APPROVED on
4/19/7022
Approved:
Lioneld Jordan, Mayor
Attest:
Kara Paxton, City Clerk Treasurer
Paid for by City of Fayetteville Clerks
office. $104.88.
75544954 Apr24,2022