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Home My WebLink AboutOrdinance 6573City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0478 Agenda Date: 6/7/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: C.8 VAC-2022-012 (4391 N. WATERSIDE CT./WHEATLEY DANCE STUDIO): AN ORDINANCE TO APPROVE VAC 22-012 FOR PROPERTY LOCATED AT 4391 NORTH WATERSIDE COURT IN WARD 3 TO VACATE A PORTION OF A 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 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 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 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 2022-0478 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-2022-0012: Vacation (4391 N. WATERSIDE CT./WHEATLEY DANCE STUDIO, 135): Submitted by HFA for property located at 4391 N. WATERSIDE CT. in WARD 3. The property is zoned R-O, RESIDENTIAL -OFFICE and contains 0.91 acres. The request is to vacate a 0.04-acre portion of a utility 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 ARKANSAS MEETING OF JUNE 7, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: May 20, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0012: Vacation (4391 N. WATERSIDE CT./WHEATLEY DANCE STUDIO, 135): Submitted by HFA for property located at 4391 N. WATERSIDE CT. in WARD 3. The property is zoned R-O, RESIDENTIAL -OFFICE and contains 0.91 acres. The request is to vacate a 0.04-acre portion of a utility easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0012 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: This property is part of the Timberlake Office Park in north Fayetteville, situated northeast of the intersection of N. College Avenue and E. Zion Road, and just southwest of Lake Fayetteville. Zoned R-O, Residential -Office, the property encompasses two separate parcels (765-27689-000 and 765-27688-000) that the applicant intends to combine into one lot (PLA-2022-0023) to total 0.91 acres. The applicant is working on development entitlement to develop a dance studio at this location (SIP-2022-0005). Request: The applicant proposes to vacate an existing general utility easement as indicated in the attached exhibits and totaling approximately 0.04 acres. The applicant intends to construct a building that would straddle the existing easement that was originally platted with the Timberlake Office Park. DISCUSSION: The applicant submitted the required approvals with no objections, though with an added condition that any damage or relocation of the existing facilities would be at the applicant's expense. 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 VAC-2022-0012 4391 N WATERSIDE CT I EXHIBIT 'A' VAC-2022-0012 Close Up View W C7 Fa- Z O LL C-2 Neighborhood Link Residential Link Planning Area Fayetteville City Limits - - - Shared -Use Paved Trail Subject Property ZION RD Feet 0 75 150 300 1:2,400 R-A 450 2 Q A Z40 ,40 NORTH Residential -Agricultural RMF-24 Residential -Office M C-2 600 Commercial, Industrial, Residential EXHIBITS' VAC-2022-0012 A TRACT OF LAND BEING A PART OF LOT 15 AND A PART OF LOT 16 OF THE TIMBERLAKE OFFICE PARK TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD 23A, PAGE 297. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN FOUND AT THE NORTHWEST CORNER OF SAID LOT 15; THENCE ALONG THE WEST LINE OF SAID LOT 15 S02°23'47"W 133.50 FEET TO THE POINT OF BEGINNING; THENCE S87°30'50"E 115.44 FEET; THENCE S02°29'10"W 15.00 FEET; THENCE N87°30'50"W 115.42 FEET; THENCE NO2°23'47"E 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1,731 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. To: City of Fayetteville — Planning Department From: HFA Date: April 21, 2022 Subject: Wheatley Dance Studio Dear Planning Staff, HFA is pleased to submit Site Improvement Plans for the Wheatley Dance Studio project, to be located at North Waterside Court, lots 15 and 16 of Timberlake Office Park. These parcels are zoned R-0, Residential Office. These lots will total .91 acres once combined. The scope of the project will consist of a single story, +/-9,800sf Dance Studio. For the Dance Studio's operations, we are proposing to vacate an existing utility easement that runs east and west, in between lots 15 & 16. Since the project will be combining the two lots, the easement is no longer needed. Sign off has been obtained by all utilities. Please do not hesitate to contact me should you have any questions or concerns. Sincerely, --/?, I�A -)us&,�- Rick McGraw, PLA, ASLA, CLARB Team Lead / Landscape Architect (479)273-7780x283 rick.mcgraw@hfa-ae.com Harrison French & Associates, LTD www.hfa-ae.com 1705 S. Walton Blvd, Suite 3, Bentonville, Arkansas 72712 p 479.273.7780 Page 1 of 1 PETITION TO VACATE A UTILITY EASEMENT LOCATED IN LOT 15 AND IN LOT 16 OF THE TIMBERLAKE OFFICE PARK, 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 15 and in Lot 16 of the Timberlake Office Park, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A TRACT OF LAND BEING A PART OF LOT 15 AND A PART OF LOT 16 OF THE TIMBERLAKE OFFICE PARK TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS, AS SHOWN ON PLAT RECORD 23A, PAGE 297. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIN FOUND AT THE NORTHWEST CORNER OF SAID LOT 15; THENCE ALONG THE WEST LINE OF SAID LOT 15 S02°23'47"W 133.50 FEET TO THE POINT OF BEGINNING; THENCE S87030'50"E 115.44 FEET; THENCE S02°29'10"W 15.00 FEET; THENCE N87°30'50"W 115.42 FEET; THENCE NO2°23'47"E 15.00 FEET TO THE POINT OF BEGINNING, CONTAINING 1,731 SQUARE FEET OR 0.04 ACRES, MORE OR LESS. That the abutting real estate affected by said abandonment of the easement are Lot 15 and Lot 16 of the Timberlake Office Park, 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. Dated this � day of A Pie , 2022. 6—L 1 G -- Printed Wme Print d Name ature Printed N me Signa ure N _o GsBAai�i z9 liil r�lii �•eeD RBQne®m h i ' l �� W2�Wy8 Z40. 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