HomeMy WebLinkAboutOrdinance 6571City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0470
Agenda Date: 6/7/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: C.6
VAC-2022-013 (4180 N. COLLEGE AVE./CHICK-FIL-A):
AN ORDINANCE TO APPROVE VAC 22-013 FOR PROPERTY LOCATED AT 4180 NORTH
COLLEGE AVENUE IN WARD 3 TO VACATE A PORTION OF A WATER/SEWER 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 water/sewer 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
water/sewer 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 61812022
City of Fayetteville Staff Review Form
2022-0470
Legistar File ID
6/7/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 5/20/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
VAC-2022-0013: Vacation (4180 N. COLLEGE AVE./CHICK-FIL-A, 135): Submitted by BURGER ENGINEERING for
properties located at 4180 N. COLLEGE AVE. in WARD 3. The properties are zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 1.03 acres. The request is to vacate a 0.02-acre portion of a water and
sewer easement.
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
%PF ARKANSAS
MEETING OF JUNE 7, 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: May 20, 2022
CITY COUNCIL MEMO
SUBJECT: VAC-2022-0013: Vacation (4180 N. COLLEGE AVE./CHICK-FIL-A, 135):
Submitted by BURGER ENGINEERING for properties located at 4180 N.
COLLEGE AVE. in WARD 3. The properties are zoned C-2, THOROUGHFARE
COMMERCIAL and contains approximately 1.03 acres. The request is to vacate a
0.02-acre portion of a water and sewer easement.
RECOMMENDATION:
Staff recommends approval of VAC-2022-0013 as shown in the attached Exhibits 'A' and 'B' and
with the following condition of approval:
1. Any damage or relocation of existing facilities will be at the applicant's expense.
BACKGROUND:
The subject property is the site of Chick-fil-A in north Fayetteville, on the east side of N. College
Avenue and roughly one -tenth of a mile south of the street's intersection with E. Zion Road. The
property is zoned C-2, Thoroughfare Commercial and totals approximately 1.03 acres. The site
is in the Northwest Village Shopping Center, the location of Barnes and Noble, Petco, and Natural
Grocers, among other businesses.
Request: The applicant proposes to vacate a portion of an existing access and utility easement
as indicated in the attached exhibits and totaling approximately 0.02 acres.
DISCUSSION:
The applicant submitted the required approvals from the public and private utility and service
providers with no objections. With submittal of the required vacation forms and utility consent,
staff recommends approval.
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
LOT 1 WATER/SEWER EASEMENT TO VACATE
A strip of land being a part of that certain water/sewer easement established in
WATER/SEWER EASEMENT recorded as Document No. 96009258 lying in Lot 1 of
Northwest Village Addition to the City of Fayetteville, Arkansas, as per plat of said addition
recorded in Plat Book 14 at Page 70 in the Office of the Circuit Clerk and the Ex-Officio
Recorder of Washington County, Arkansas, being more particularly described as follows:
COMMENCING at the northeast corner of said Lot 1;
THENCE South 02°46'40" West, along the east line of said Lot 1, a distance of 119.97 feet to
a point on the north line of said water/sewer easement;
THENCE North 86054'32" West, along the north line of said water/sewer easement, a
distance of 14.85 feet to the POINT OF BEGINNING;
THENCE South 03005'28" West a distance of 20.00 feet to a point on the south line of said
water/sewer easement;
THENCE North 86°54'32" West, along the south line of said water/sewer easement, a
distance of 38.00 feet;
THENCE North 03005'28" East a distance of 20.00 feet to the north line of said water/sewer
easement;
THENCE South 86054'32" East, along the north line of said water/sewer easement, a
distance of 38.00 feet to the POINT OF BEGINNING.
Said described strip of land contains an area of 760 square feet or 0.0174 acres, more or
less.
The Arkansas State Plane Coordinate system (NAD-83, North zone) using a bearing of South
02°46'40" West along the east line of the subject property was used as the basis of bearing
for this description.
Prepared by: Randall A. Mansfield, Professional Land Surveyor No. 1540
Dodson -Thompson -Mansfield PLLC
20 N.E. 38th Street - OKC, OK 73105
March 25, 2022
DODSON - THOMPSON - MANSFIELD, PLLC
20 NE 38th Street Phone: 405-601-7402 email: randym Odtm—ok.com
Oklahoma City, OK 73105 Fax: 405-601-7421
Surveying - Engineering - Earthwork
CERTIFICATE OF AUTHORIZATION NO: 2470 EXPIRES DECEMBER 31, 2020
JUBURGER
ENGINEERING
Civil Consultants
April 25, 2022
City of Fayetteville
City Council
125 West Mountain Street
Fayetteville, Arkansas 72701
Re: Chick-fil-A LetterofIntent
4801 North College Avenue
Lot 1 — Northwest Village Addition
Fayetteville, Arkansas 72701
B.E. No. 013-332
Dear City Council,
Chick-fil-A is proposing to demolish their existing restaurant at the above referenced
location and redevelop the site with a new drive -through only restaurant. The 20'
water/sewer easement abandonment would allow Chick-fil-A to install a meal order
canopy at this location. The redeveloped restaurant will provide the following
improvements:
• The site will be 1.03 acres or 44,869 S.F.
• A f2,945 S.F. drive -through only restaurant.
• A dual lane drive -through providing 29 stacking spaces compared to 18 stacking
spaces currently.
• Meal order and delivery canopies to protect team members from the elements (i.e.
rain, wind, sun).
• 36 parking spaces with required access isles.
• Increase in pervious surface area from 9,976 S.F. to 14,076 S.F. therefore reducing
runoff and increasing landscape planning areas.
Please contact our office if you have any questions or comments.
Sincerely,
Bryan M. Burger, P. .
ID
BRYAN M. BURGER, P.E.
17103 Preston Road, Suite 180N I Dallas, Texas 75248 1 Office: 972.630.3360 I Fax: 972.630.3380
DocuSign Envelope ID: 8F5ACF7D-52B5-4B9D-BEOD-CDCE3849B375
PETITION TO VACATE A water & sewer EASEMENT LOCATED IN Lois 1 & 2, Northwest Village
Addition, 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 Lot 1, Northwest Village Addition, City of Fayetteville, Arkansas, a
municipal corporation, petition to vacate an easement which is described as follows:
Being a portion of a Water/ Sewer Easement recorded in Document Number 96009258 and located
within Lot 1, Northwest Village Addition.
That the abutting real estate affected by said abandonment of the water/ sewer easement are Lot 1, Northwest
Village Addition located in the 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 water and sewer easement 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 water/sewer easement and as to that
particular land the owners be free from the easements of the public for the use of said land.
Dated this 22 day of April 2)0 22
S. Tammy Pearson
Printed Name
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