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Home My WebLink AboutOrdinance 66441�� KinDoed: ORDEL INANCE Recorded: 03/10/2023 at 09:2a52 AM Ya. ion--on30ountYa,RAR1 of a F11e2023-00005997 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6644 ARCHIVED File Number: 2023-399 VAC 22-019 (1231 W. MARKHAM RDIMARKHAM HOSPITALITY) AN ORDINANCE TO APPROVE VAC 22-019 FOR PROPERTY LOCATED AT 2231 WEST MARKHAM ROAD IN WARD 4 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 me 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 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. The easement to be vacated contains an active water line, fire hydrant, and meters. The new water line, fire hydrants, and meters shall be installed, accepted by the City, and placed into service within new easements that shall be dedicated before this vacation takes effect; and 2. Any damage to or relocation of existing facilities will be at the applicant's expense. Page 1 Ordinance: 6644 File Number.- 2023-399 PASSED and APPROVED on February 21, 2023 Approved: Attest: U061d krdati, MV y r 4,,,.Pa, City Jerk reastirer Page 2 VAC-2022-0019 Close Up View Unclassified Residential Link Hillside -Hilltop Overlay District _ ~ Planning Area _ ! Fayetteville City Limits — — Trail (Proposed) 2231 W. MARKHAM RD 0 75 150 Feet 300 1:2,400 450 s VAC-2022-0019 EXHIBIT 'A' ANGELINEIN MARKHAM RD caP� Residential -Agricultural RSF-4 RI-U Commercial, Industrial, Residential VAC-2022-0019 EXHIBITS' A 30 feet wide General Utility Easement shown on the Easement Dedication Plat filed at #23-00000282, lying in part of the SWIA of the NWIA of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of the NW1/4 of said Section 17; Thence N 02041148" E along the West line of the NW1/4 of said Section 17, a distance of 1075.19 feet; Thence S 87118'12" E, a distance of 820.24 feet to the Point of Beginning; Thence N 06135'00" E, a distance of 30.00 feet; Thence S 83125'31" E, a distance of 32.98 feet; Thence S 38100'36" E, a distance of 110.28 feet; Thence S 40°27'03" E, a distance of 116.08 feet to the point of curvature for a circular curve to the right; Thence Southeasterly along a 225.00 feet radius curve to the right, thru a central angle of 13140'44" for a distance of 53.72 feet, said curve having a chord bearing of S 33136'41" E, and distance of 53.59 feet to the point of tangency; Thence S 26°46'19" E, a distance of 61.65 feet; Thence S 03°14'26" W, a distance of 59.98 feet; Thence N 26°46'19" W, a distance of 113.59 feet to the point of curvature for a circular curve to the left; Thence Northwesterly along a 195.00 feet radius curve to the left, thru a central angle of 13°40'44" for a distance of 46.55 feet, said curve having a chord bearing of N 33136141" W, and distance of 46.44 feet to the point of tangency; Thence N 40127'03" W, a distance of 116.72 feet; Thence N 38100'36" W, a distance of 98.36 feet; Thence N 83125'31" W, a distance of 20.43 feet to the Point of Beginning Washingtontn" County. AR 03/10 2023 109-M52 AM s filed on and recorded in Real Estate File Number 2023-00005997 Kyle Sylvester - Circuit Clerk by lam" '� CITY OF Pow, FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 21, 2023 TO: Mayor Jordan and City Council THRU: Jessica Masters, Development Review Manager Jonathan Curth, Development Services Director Susan Norton, Chief of Staff FROM: Ryan Umberger, Senior Planner DATE: CITY COUNCIL MEMO 2023-399 SUBJECT: VAC-2022-0019: Vacation (2231 W. MARKHAM RD/MARKHAM HOSPITALITY, 481): Submitted by DCI for property located at 2231 W. MARKHAM RD in WARD 4. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 72.60 acres. The request is to vacate approximately 0.26 acres of a utility easement. RECOMMENDATION: Staff recommends approval of VAC-2022-0019 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage to or relocation of existing facilities will be at the applicant's expense; and 2. An active water line, fire hydrant, and meters exist in the easement proposed to be vacated. The newly proposed waterline and associated easements must be dedicated, constructed, fully accepted and in service prior to the vacation of the subject easement. BACKGROUND: The subject property is located at the west end of Markham Road. The specific property is within the 72.60- acre Pratt Place Inn Commercial Planned Zoning District (CPZD 18-6318) and totals approximately 16.34 acres. Current development on the site includes the historic Pratt home, several cottages, a barn used for events, and accessory structures. In 2021 a large scale development (LSD-2020-000015) and associated modification (ADM-2022-0031) were approved for the development of cabins, commercial and event space, and 76 hotel rooms on the subject property. Most recently, in August of this year a large scale development (LSD-2022-0026) was approved for the construction of a private drive and public improvements associated with development of Lots 20-26 in Phase 1 B of the preliminary plat (PPL 19-6861) associated with the CPZD. The property has areas with steep slopes exceeding a 15% grade and largely covered by mature tree canopy. Consequently, the subject property falls almost entirely within the Hillside Hilltop Overlay District (HHOD). Request: The applicant proposes to vacate a portion of an existing utility easement as indicated in the attached exhibits and totaling approximately 0.26 acres. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The applicant submitted the required approvals from the public utility and service providers with conditions as noted above. With submittal of the required vacation forms and utility consent, staff recommends approval. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Letter of Intent, Petition to Vacate, Survey Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 ® City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2023-399 VAC-2022-0019: Vacation (2231 W. MARKHAM RD/MARKHAM HOSPITALITY, 481): Submitted by DCI for property located at 2231 W. MARKHAM RD in WARD 4. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 72.60 acres. The request is to vacate approximately 0.26 acres of a utility easement. AN ORDINANCE TO APPROVE VAC 22-019 FOR PROPERTY LOCATED AT 2231 WEST MARKHAM ROAD IN WARD 4 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 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. The easement to be vacated contains an active water line, fire hydrant, and meters. The new water line, fire hydrants, and meters shall be installed, accepted by the City, and placed into service within new easements that shall be dedicated before this vacation takes effect; and 2. Any damage to or relocation of existing facilities will be at the applicant's expense. Page 1 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2023-399 Legistar File ID 2/21/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 2/3/2023 DEVELOPMENT REVIEW (630) Submitted Date Division / Department Action Recommendation: VAC-2022-0019: Vacation (2231 W. MARKHAM RD/MARKHAM HOSPITALITY, 481): Submitted by DCI for property located at 2231 W. MARKHAM RD. The property is zoned CPZD, COMMERCIAL PLANNED ZONING DISTRICT and contains approximately 72.60 acres. The request is to vacate approximately 0.26 acres of a utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Current Budget $ - Funds Obligated $ - Current Balance Does item have a cost? No Item Cost $ - Budget Adjustment Attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: V20210527 Previous Ordinance or Resolution # Approval Date: VAC-2022-0019 Close Up View Unclassified Residential Link Hillside -Hilltop Overlay District r Planning Area Fayetteville City Limits — — — Trail (Proposed) 2231 W. MARKHAM RD Subject Property crzn EIL•N MARKHAW RD � FA i i NORTH' Residential -Agricultural RSF-4 Feet RI-U Commercial, Industrial, Residential 0 75 150 300 450 600 1:2,400 A 30 feet wide General Utility Easement shown on the Easement Dedication Plat filed at #23-00000282, lying in part of the SW1/4 of the NW1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of the NW1/4 of said Section 17; Thence N 02°41'48" E along the West line of the NW1/4 of said Section 17, a distance of 1075.19 feet; Thence S 87°18'12" E, a distance of 820.24 feet to the Point of Beginning; Thence N 06°35'00" E, a distance of 30.00 feet; Thence S 83°25'31" E, a distance of 32.98 feet; Thence S 38°00'36" E, a distance of 110.28 feet; Thence S 40°27'03" E, a distance of 116.08 feet to the point of curvature for a circular curve to the right; Thence Southeasterly along a 225.00 feet radius curve to the right, thru a central angle of 13140'44" for a distance of 53.72 feet, said curve having a chord bearing of S 33136'41" E, and distance of 53.59 feet to the point of tangency; Thence S 26146'19" E, a distance of 61.65 feet; Thence S 03114'26" W, a distance of 59.98 feet; Thence N 26146'19" W, a distance of 113.59 feet to the point of curvature for a circular curve to the left; Thence Northwesterly along a 195.00 feet radius curve to the left, thru a central angle of 13140'44" for a distance of 46.55 feet, said curve having a chord bearing of N 33136'41" W, and distance of 46.44 feet to the point of tangency; Thence N 40127'03" W, a distance of 116.72 feet; Thence N 38100'36" W, a distance of 98.36 feet; Thence N 83125'31" W, a distance of 20.43 feet to the Point of Beginning ■ August 19, 2022 ■ OCI OEVEL0PMENT City of Fayetteville C O N S U L T A N T S 113 West Mountain Street Fayetteville, AR 72701 1 N C 0 R P 0 R A T E 0 RE: Markham Hill Hospitality Easement Vacation In the matter of the Markham Hill Easement Vacation, for the property located at 2231 W Markham Rd in Fayetteville, AR; please accept the enclosed submittal package to adjust the site for development. An active waterline, fire hydrant, and meters exist in the easement proposed to be vacated. As a part of the LSD, a new waterline, associated fire hydrants, and meters will be installed and dedicated per specifications and requirements of the City of Fayetteville. If you have any questions or need additional information, please contact DCI at 479-444-7880. Thank you, ZP- Leslie Tabor DO PETITION TO VACATE PETITION TO VACATE A 30' General Utility Easement as recorded at Plat#23-00000282 located in part of the SW1/4 of the NWI/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, 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 30' General Utility Easement as recorded at Plat#23-00000282 hereinafter sought to be abandoned and vacated, lying in part of the SW1/4 of the NW1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Arkansas, a municipal corporation, petition to vacate the said 30' General Utility Easement which is described as follows: A 30 feet wide General Utility Easement shown on the Easement Dedication Plat filed at #23-00000282, lying in part of the SW1/4 of the NW1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville, Washington County, Arkansas, being more particularly described as follows: Commencing at the Southwest corner of the NW1/4 of said Section 17; Thence N 02141'48" E along the West line of the NWI/4 of said Section 17, a distance of 1075.19 feet; Thence S 87118'12" E, a distance of 820.24 feet to the Point of Beginning; Thence N 06135'00" E, a distance of 30.00 feet; Thence S 83125'31" E, a distance of 32.98 feet; Thence S 38100'36" E, a distance of 110.28 feet; Thence S 40127'03" E, a distance of 116.08 feet to the point of curvature for a circular curve to the right; Thence Southeasterly along a 225.00 feet radius curve to the right, thru a central angle of 13140144" for a distance of 53.72 feet, said curve having a chord bearing of S 33136141" E, and distance of 53.59 feet to the point of tangency; Thence S 26'46'19" E, a distance of 61.65 feet; Thence S 03114126" W, a distance of 59.98 feet; Thence N 26146119" W, a distance of 113.59 feet to the point of curvature for a circular curve to the left; Thence Northwesterly along a 195.00 feet radius curve to the left, thru a central angle of 13140144" for a distance of 46.55 feet, said curve having a chord bearing of N 331136'41" W, and distance of 46.44 feet to the point of tangency; Thence N 40127'03" W, a distance of 116.72 feet; Thence N 38100'36" W, a distance of 98.36 feet; Thence N 83125'31" W, a distance of 20.43 feet to the Point of Beginning. That the abutting real estate affected by said abandonment of the easement is part of the SW1/4 of the NW1/4 of Section 17, Township 16 North, Range 30 West, City of Fayetteville is all owned by a single entity, the petitioner, and that the public interest and welfare would not be adversely affected by the abandonment of the above described 30' General Utility Easement as recorded at Plat#23-00000282. The petitioners pray that the City of Fayetteville, Arkansas, abandon and vacate the above -described easement, 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 easement, 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 easement. Dated this 13 day of January 20 23 Ben Kuddes Printed Name Z — For Cory Amos Signature Printed Name Signature INS a 111111111113 ' 1110$a' 1 �� a' sfd �s$ a aaggt >s -4t to; loam "191x-1gP .......... .. ........... 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V B IInl'uWlwO ®eoNz (✓ (moo OtlVH NO 011VA AINO) 893M NO.L AS 031LO1d MY aflOU LOOZM'OLOSML AS 03AVS iSVI irld SVi inOkYl'O+sP'iYld NCUV010301N3W3SV31aaVaRW-VS01SOf0:NOIiV301 ONV 3VM 31130NIMVW NORTHWEST ARKANsAs Democrat (5azette PC 9Ox'r 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 6644 Was inserted in the Regular Edition on: February 26, 2023 Publication Charges: $126.16 Paola Lg Subscribed and sworn to before me This.Vday ofo—kI , 2023. Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. 02!0 Matbbv 1 hpl RECEIVED MAR 0 3 20-,j CITY CLERK'S OFFICE Ordinance: 6644 File Number 2M-3W VAC 2M19 Qn 1 W. MARKHAM RD/MARKHAM HOSPITALITY): AN ORDINANCE TO APPROVE VAC 224)19 FOR PROPERTY LOCATED AT 2231 WEST MARKHAM ROAD IN WARD 4 TO VACATE A PORTION OF A UTILITY EASEMENT WHEREAS, the City Council has the authority under A C.A. § 14-54-104 m vacate public grounds or portions thereof which are trot requited for corporne puposes; and WHEREAS, the City Council has determined that the following described portion of olhy easement is rnl required forr corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CRY OF FAYETTEVnLE, Secaonl: Thathe City Councilofthe City of Fayetteville, Arkansss hereby vacates the portion ofa utility essernaa us described in Exhibit B shocked to the Planning Deparhnent's memo. Section 2: A copy ofthis Ordinance duly certified by the City Clerk along with the map attached as Exhibit A to the Planning Depatnent's memo shall be filed in the affce ofthe Washington Section 3: This vacation approval is subject to the following conditions: 1. The easemrnt to be vacated contains an active water line, fire hydrator, and meters. The new water line, fire hydrants, and meters shall be installed, accepted by the City, and placed into service within new easenrents that shall In, dedicmed before this vacation takes 2. Any damage to or relocu ion of existing Ncilitm will be in the PASSED and APPROVED on February 21, 2023 Approved: Lioneld Jordan, Mayor Antes: Kam Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer ofthe City of Fayetteville, Arkarem, Amount paid: 75657642 Febmmy 26, 2023