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HomeMy WebLinkAboutOrdinance 6623Ordinance: 6623 File Number: 2022-0938 setback line approximately 5 feet south of the Utility Easement line) would interfere with the performance of the work, applicant will temporarily remove the canopy posts at the Applicant's expense to allow the work to be performed without interference. PASSED and APPROVED on 11/1/2022 Attest: ►r�� R It G1TY Kara Paxton, City Clerk Treasurer Page 2 Printed on 11/2122 VAC-2022-0022 3615 N STEELE BLVD I EXHIBIT 'A' VAC-2022-0022 Close Up View -VAN ASCHE, �Au 0 J m I I DUNBAR;U -• VAN ASCHE DR C-z v W W W W )PIPER-DR- 0 O x _ ' RSF-4 O z NORTH Neighborhood Link r+� Regional Link - High Activity Unclassified RSF-4 C-1 Residential Link Feet C-2 Planning Area - -� 0 75 150 300 450 600 C-3 Fayetteville City Limits Design Overlay District 1 -2,400 EXHIBIT 'B' VAC-2022-0022 Legal Description of Utility Easement to be Vacated on JJ's Live Property at 3615 N. Steele Blvd. Physical Address: 3615 N STEELE BLVD Subdivision: CMN BUSINESS PARK II PHASE I Block/Lot: N/A / PT6 S-T-R: 26-17-30 Size (Acres): 0.01 Acres LEGAL DESCRIPTION OF UTILITY EASEMENT TO BE VACATED A PORTION OF AN EXISTING 20-FOOT-WIDE UTILITY EASEMENT FILED IN BOOK 17 AT PAGE 47 TO BE VACATED BEING LOCATED IN A PART OF LOT 6A OF A SPLIT OF LOT 6 OF THE CMN BUSINESS PARK II, PHASE I ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86054'58"E 206.69' AND S02028'45"W 15.00' FROM AN EXISTING REBAR ON THE SOUTH RIGHT-OF-WAY OF VAN ASCHE MARKING THE NORTHWEST CORNER OF SAID LOT 6A AND RUNNING THENCE S86054'58"E 125.00', THENCE S02028'45"W 5.00', THENCE N86°54'58"W 125.00', THENCE N02028'45"E 5.00' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, MORE OR LESS. The area to b vacated West Van Asche Drive .3' nA .re Washington County, AR I certify this instrument was filed on 11/14/2022 03:46:44 PM and recorded in Real Estate File Number 2022-00036946 Kyle Sylvester- Circuit Clerk by ry ......._ . City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0938 Agenda Date: 11/1/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: B.3 VAC 22-022 (3615 N STEELE BLVD/JJ'S LIVE): AN ORDINANCE TO APPROVE VAC 22-022 FOR PROPERTY LOCATED AT 3615 NORTH STEELE BOULEVARD 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 following conditions: 1. Any damage to or relocation of any existing facilities will be at the applicant's expense. 2. Applicant agrees that in the event that, at any time in the future a Utility Company needs to do work in the area of the Utility Easement being vacated and if the canopy posts (located along the building setback line approximately 5 feet south of the Utility Easement line) would interfere with the performance of the work, applicant will temporarily remove the canopy posts at the Applicant's expense to allow the work to be performed without interference. City of Fayetteville, Arkansas Page 1 Printed on 111212022 City of Fayetteville Staff Review Form 2022-0938 Legistar File ID 10/18/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 9/30/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2022-0022: Vacation (3615 N STEELE BLVD/JJ'S LIVE, 441): Submitted by JET ENTERPRISES for property located at 3615 N STEELE BLVD. in WARD 3. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.2 acres. The request is to vacate approximately 0.01 acres 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 OCTOBER 18, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: September 30, 2022 CITY COUNCIL MEMO SUBJECT: VAC-2022-0022: Vacation (3615 N STEELE BLVD/JJ'S LIVE, 441): Submitted by JET ENTERPRISES for property located at 3615 N STEELE BLVD. in WARD 3. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL and contains approximately 2.2 acres. The request is to vacate approximately 0.01 acres of a utility easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0022 as shown in the attached Exhibits 'A' and 'B', and with the following condition of approval: 1. Any damage or relocation of any existing facilities will be at the applicant's expense. 2. Applicant agrees that in the event that at any time in the future, the Utility Company (AEP/SWEPCO) needs to do work in the area of the Utility Easement being vacated and if the canopy posts (located along the building setback line approximately 5 feet south of the Utility Easement line) would interfere with the performance of the work, applicant will temporarily remove the canopy posts at the Applicant's expense to allow the work to be performed without interference. BACKGROUND: The subject property is located at the southwest corner of Steele Boulevard and Van Asche Drive and is a part of Lot 6 of the CMN Subdivision. The property is the site of JSS Live, a restaurant and outdoor music venue that operates under a conditional use permit. Zoning on the property is currently C-1, Neighborhood Commercial, but is restricted by a bill of assurance that permits offices, eating places, and medium -scale retail. The facility recently enclosed much of the performance space, though still maintains the ability to operate as an outdoor music venue through the approved Conditional Use Permit. As a part of that enclosure, the applicant is proposing a loading dock on the north side of the building. Request: The applicant proposes to vacate a portion of an existing general utility easement as indicated in the attached exhibits and totaling approximately 0.01 acres. The applicant is in the process of constructing a loading dock and a canopy structure with columns that overlap with the existing easement that was originally platted with the CMN Business Park. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The applicant submitted the required approvals with no objections, though with the added conditions from franchise utility providers as listed above. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Request Letter • Petition to Vacate • Survey VAC-2022-0022 3615 N STEELE BLVD EXHIBIT 'A' VAC-2022-0022 Close Up View I I i ASCHE,DR W DPIPER DR-0 O O x H NSF-4 W O z Neighborhood Link Regional Link - High Activity Unclassified Residential Link r -i Planning Area Fayetteville City Limits Design Overlay District 4L p iQ --.—PALMETTO DR m C-t Cu J C-3 W W U) Q Feet 0 75 150 300 1:2,400 450 LN VAN ASCHE DR C-2 J W W W Cn M NI RSF-4 C-1 C-2 C-3 EXHIBIT'B' VAC-2022-0022 Legal Description of Utility Easement to be Vacated on JJ's Live Property at 3615 N. Steele Blvd. Physical Address: 3615 N STEELE BLVD Subdivision: CMN BUSINESS PARK II PHASE I Block/Lot: N/A / PT6 S-T-R: 26-17-30 Size (Acres): 0.01 Acres LEGAL DESCRIPTION OF UTILITY EASEMENT TO BE VACATED A PORTION OF AN EXISTING 20-FOOT-WIDE UTILITY EASEMENT FILED IN BOOK 17 AT PAGE 47 TO BE VACATED BEING LOCATED IN A PART OF LOT 6A OF A SPLIT OF LOT 6 OF THE CMN BUSINESS PARK II, PHASE I ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86054'58"E 206.69' AND S02028'45"W 15.00' FROM AN EXISTING REBAR ON THE SOUTH RIGHT-OF-WAY OF VAN ASCHE MARKING THE NORTHWEST CORNER OF SAID LOT 6A AND RUNNING THENCE S86054'58"E 125.00', THENCE S02028'45"W 5.00', THENCE N86°54'58"W 125.00', THENCE N02028'45"E 5.00' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, MORE OR LESS. The area to be vacated West Van Asche Drive JET Enterprises, LLC JETTY Entertainment, LLC JBGB of Fayetteville, LLC 3615 N. Steele Blvd., Fayetteville, AR 72703 Phone 479.582-2500 Fax 479.582-2507 September 1, 2002 TO: The Fayetteville City Planning Commission We, the undersigned, being the owner of the real estate abutting the easement hereinafter sought to be abandoned and vacated lying at 3615 N STEELE BLVD, Fayetteville, Arkansas 72703, Subdivision: CMN BUSINESS PARK II PHASE I Block/Lot N/A / PT6 petition to vacate an easement supported by the following attached documentation: 1) Consent of Owner Form 2) Copies of Utility Approval Forms for Utility Easement Vacation from the following six entities: - AT&T - Cox Communications - AEP/SWEPCO - Black Hills Corp. - Orzarks Electric - City of Fayetteville Water & Sewer Department 3) Copies of the following documents which were provided to each of the above six entities- - Letter provided to each Utility Company requesting Easement Vacation - Legal Description of Property - Site Plan Showing Easement Vacation Area - Photograph illustrating Easement Vacation Area Please advise if you have any questions or require additional information. Very truly ours Jody Thornton JBGB of Fayetteville, LLC MAG-JBGB Investment Partners, LLC PETITION PETITION TO VACATE A general utility/water & sewer EASEMENT LOCATED IN a part of Lot 6A of the split of Lot 6 of the CMN Business Park II, Phase 1 addition to the 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 submitting the easement hereafter sought to be abandoned and vacated, lying in a part of Lot 6A of the split of Lot 6 of the CMN Business Park II, Phase 1 addition to the City of Fayetteville, Arkansas, a municipal corporation, petition to vacate an easement which is described as follows: A 125-foot long 5-foot wide portion of the 20-foot Utility Easement along the North side of the property as illustrated on the uploaded site plan drawing which accompanies this petition and this Legal Description. LEGAL DESCRIPTION OF UTILITY EASEMENT TO BE VACATED A PORTION OF AN EXISTING 20-FOOT-WIDE UTILITY EASEMENT FILED IN BOOK 17 AT PAGE 47 TO BE VACATED BEING LOCATED IN A PART OF LOT 6A OF A SPLIT OF LOT 6 OF THE CMN BUSINESS PARK II, PHASE I ADDITION TO THE CITY OF FAYETTEVILLE, WASHINGTON COUNTY, ARKANSAS. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S86054'58"E 206.69' AND S02028'45"W 15.00' FROM AN EXISTING REBAR ON THE SOUTH RIGHT-OF-WAY OF VAN ASCHE MARKING THE NORTHWEST CORNER OF SAID LOT 6A AND RUNNING THENCE S86054'58"E 125.00', THENCE S02028'45"W 5.00', THENCE N86054'58"W 125.001, THENCE N02028'45"E 5.00' TO THE POINT OF BEGINNING, CONTAINING 0.01 ACRES, MORE OR LESS. WHEREFORE, the undersigned petitioners respectfully pray that the governing body of the City of Fayetteville, Arkansas vacate the above described easement. Dated this 2nd day of September 2022. 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