HomeMy WebLinkAboutOrdinance 6623113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 6623
File Number: 2022-0938
VAC 22-022 (3615 N STEELE BLVD/JJ'S LIVE):
Doc ID: 020835850DD4 Type: REL
Kind: ORDINANCE
Recorded: 11/14/2022 at 03:46:44 PM
Fee Amt: $30.00 Pape I of 4
Washington County, AR
Kyle Sylvester Circuit Clerk
File2022-00036946
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
Page 1 Pmud.11,244?
Ordinance: 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
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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
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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.
Jody Thornton
JBGB of Fayetteville, LLC
MAG-JBGB Investment Partners, LLC
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AFFIDAVIT OF PUBLICATION
1, Paola Lopez, 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 - Clerks Office
Ord. 6623
Was inserted in the Regular Edition on:
November 6, 2022
Publication Charges: $139.84
Pdoia Lope(,/'
Subscribed and sworn to before me
This 7 day of I JAI , 2022.
Notary Public
My Commission Expires: 74Za/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
15 NORTH STEELE
EVARD IN WARD 3 TO
TEA PORTION OF A UTILITY
NENr
IEM, the City Centel beer the
by under A.C.A. 414541N In
F.H ic,minds ar portions thew
Line not reWited for cortineete
es: end
LEAS, Be City COewg has
I do the following desenbelf
V edliry eaummt te not
it forcapuate purposes.
THEREFORE, BE IT
WED BY THE CITY COUNCIL
iE CITY OF FAYETTEVILLE,
NSAS:
,I Thu Ihccity Cwiwil ofthe
'Fayancilln, Arkuerm hereby
the ponlon of. in lit, eanment
nibed in Exhibit B enchain to the
erg Opwmmcrt's agenda memo.
, 2' A copy of Nis Ordin. duly
W by the City Clerk.1.8 with the
teched Be Exhibit A In the
.g Depirryin 's memo shellbe
i the office often Washington
`Chain Clerk.
, 3: This vaatim approval is
to the following conditions:
Any intense In or relocation
exinin6 aoilities will be w the
airs apense.
Appliant agree the in eon
her, w any time In the Irmo..
Cotnpmy msda W do work in the
the Utility Emement being
f and ifthe eatwpy poste (Inclined
be building seWnek line
imately 5 few Minh ofthe Utility
,in line)..Id imeAert with the
nana ofdw work, Wlieant will
wily meove In, earmpy Pensaz
Nei in erne to allow the
, be oerfin ed without
Inn. Maya,
t, Croy Clerk Treasurer
0 on winpaid for by de Cit
ur.r of the City of
, Arlub m. Amount paid: S
Nova 21M