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Home My WebLink AboutOrdinance 6651Kl nd� DRDIMWE Retarded: '31,772023 et 08:25.44 Aft 0 Ps VaehlloatoFee Ant: $3Coun0'00tyOaAR of 4 SVlveater Dlrcult Clerk Kyle Fl1e2023-00006640 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Ordinance: 6651 File Number: 2023-439 VAC 23-001: (N. BOB V OUNKIN DR. & W. BISHOP DRJLEGACY VENTURES, 251) AN ORDINANCE TO APPROVE VAC 23A01 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP DRIVE IN WARD 3 TO VACATE A PORTION OF STREET RIGHT-OF-WAY 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 street right-of-way 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 street right-of-way 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 m 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: I. Any damage to or relocation of existing facilities will be at the property owner/developer's expense; and 2. Water and sewer lines must be field located, surveyed, and adequate easements retained and dedicated as approved by the City of Fayetteville Utilities Department. Easements must be appropriate widths. Some deep sewer lines may be present, requiring larger easements than the standard 20-fora width. PASSED and APPROVED on March 7, 2023 Page 1 Oralnance6651 File Number 20234 Approved: Page 2 Attest: Kara Paxton, City Clerk Treasurer kErTE 'AY' '! Si9P'F4NS P` VAC-2023-0001 N. BOB YOUNKIN DR & W. I VAC-2023-0001 Close Up View BISHOP DR EXHIBIT'A' Ri-11 Neighborhood Link Undassfied ResidanVal Link W Planned Neighborhood Link Planning Area Fayenevdle City Limils - - - Trail (Proposed) Subject Property R-0 DRAKE ST 2,mA Feet 0 75 150 300 450 600 1:2,400 RSF-4 r RI-12 RMF-24 Residential -Office VAC-2023-0001 EXHIBIT'B' Vacation area #1 PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 17N, RANGE 30W, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1/2" REBAR MARKING THE NORTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35, AS SHOWN PER PLAT BOOK 10 AT PAGE 28, WASHINGTON COUNTY RECORDS; THENCE S02"31'40"W 723.99 FEET TO THE NORTHWEST CORNER OF LOT 3, APPLEBY LANDING SUBDIVISION, AS RECORDED IN PLAT BOOK 23A AT PAGE 195; THENCE ALONG THE NORTH LINE OF SAID LOT 3, S87"16'29"E 154.86 FEETTO THE NORTHEAST CORNER OF SAID LOT 3, BEING THE TRUE POINT OF BEGINNING; THENCE S87"16'29"E 9.08 FEET; THENCE S02-27'03"W 1200.27 FEET; THENCE N86-4V33"W 9.02 FEETTO A FOUND 1/2" REBAR ON THE EAST LINE OF LOT 6, APPLEBY LANDING; THENCE NO2"26'53"E 276.24 FEET TO THE SOUTHEAST CORNER OF LOTS, APPLEBY LANDING, WITH A FOUND 1/2" REBAR BEARING S57'0511511W 0.53 FEET TO SAID CORNER; THENCE NO2"26'53"E 307.79 FEETTO A FOUND 1/2" REBAR MARKING THE SOUTHEAST CORNER OF LOT 4, APPLEBY LANDING; THENCE NO2"26'53"E 308.13 FEET TO A FOUND 1/2" REBAR MARKING THE SOUTHEAST CORNER OF LOT 3, APPLEBY LANDING; THENCE NO2"26'53"E 309.03 FEET TO THE POINT OF BEGINNING, CONTAINING 0.249 ACRES, MORE OR LESS. Vacation Area #2 PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 17N, RANGE 30W, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA FOUND 1/2" REBAR MARKING THE NORTHWEST CORNER OF LOT 8, APPLEBY LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 23A AT PAGE 195, THENCE ALONG THE WEST LINE OF SAID LOT 8, S02"27'14"W 328.02 FEET TO A FOUND 1/2" REBAR MARKING THE NORTHWEST CORNER OF LOT 7, APPLEBY LANDING; THENCE S02"27'14"W 276.64 FEET TO A FOUND CHISELED "X" IN CONCRETE ON THE WEST LINE OF SAID LOT 7; THENCE LEAVING SAID WEST LINE, N86"46'33"W 9.02 FEET; THENCE NO2'27'03"E 908.58 FEET; THENCE S87`39'13"E 9.06 FEET TO A FOUND 1/2" CAPPED REBAR "PS 1349" ON THE WEST LINE OF LOT 9, APPLEBY LANDING; THENCE ALONG THE WEST LINE OF SAID LOT 9, S02'27'14"W 304.05 FEET TO THE POINT OF BEGINNING, CONTAINING 0.189 ACRES, MORE OR LESS. Washington County. AR I certify this instrument was filed on 03/17/2023 08:26:44 AM and recorded in Real Estate File Number 2023-00006640 Kyle Sylvester- Circuit Clerk CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 7, 2023 TO: Mayor Jordan and City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Gretchen Harrison, Planner DATE: CITY COUNCIL MEMO 2023-439 SUBJECT: VAC-2023-0001: Vacation (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES, 251): Submitted by LEGACY VENTURES NWA INC for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned R-O, RESIDENTIAL -OFFICE and contains approximately 7.76 acres. The request is to vacate a 0.44-acre portion of right-of-way. RECOMMENDATION: Staff and Planning Commission recommend approval of VAC-2023-0001 as shown in the attached Exhibits 'A' and 'B' and with the following conditions of approval: 1. Any damage or relocation of existing facilities will be at the property owner/developer's expense; and 2. Water and sewer lines must be field located, surveyed, and adequate easements retained and dedicated. Easements must be appropriate widths. Some deep sewer lines may be present, requiring larger easements than the standard 20-foot width. BACKGROUND: The subject property consists of seven lots totaling 7.76 acres in the Appleby Landing Subdivision, located on either side of the south end of Bob Younkin Drive in north Fayetteville. The property is currently undeveloped though it is surrounded by established single- and two-family residential neighborhoods to the east and west, a multi -family development to the south, and medical offices to the north. An eight -inch water main and an eight - inch sewer main are present along the west side of Bob Younkin Drive. A separate request to rezone the property from R-O, Residential -Office to CS, Community Services and RMF-24, Residential Multi -Family, 24 Units per Acre (RZN-2022-0055) was recently forwarded by the Planning Commission to City Council with a recommendation of approval. Request: The applicant proposes to vacate two nine -foot -wide sections of street right-of-way along Bob Younkin Drive totaling 0.44 acres, with approximately 0.249 acres on the west side and 0.189 acres to the east. Public Comment: Staff received one inquiry about this request though no support or opposition was offered. Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: Staff is supportive of the proposed right-of-way vacation. The existing right-of-way along this portion of Bob Younkin Drive has a total width of 70 feet which exceeds what is typically required for a Residential Link street. The requested vacation would reduce the width of the right-of-way to 52 feet to align with the standard street section for a Residential Link street. Further, any future development along the south end of Bob Younkin Drive has the potential to necessitate a full reconstruction of the street to align with the Master Street Plan, which may help control speeds and traffic flows in the area. The applicant has submitted the required vacation approval forms to relevant City departments and franchise utility companies with conditions as noted above. Since the petitioner is the sole landowner adjacent to the subject right-of-way, adjacent property owner consent is not required. At the February 13, 2023 Planning Commission meeting, this item was forwarded to City Council with a recommendation of approval by a vote of 8-0-0. Commissioner Garlock made the motion and Commissioner Johnson seconded. Commissioners found the request to be appropriate and offered little comment on the item. No public comment was offered at the meeting. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF, Exhibit A, Exhibit B, Applicant Request Letter, 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 #: 2023-439 VAC-2023-0001: Vacation (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES, 251): Submitted by LEGACY VENTURES NWA INC for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned R-O, RESIDENTIAL -OFFICE and contains approximately 7.76 acres. The request is to vacate a 0.44-acre portion of right-of-way. AN ORDINANCE TO APPROVE VAC 23-001 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP DRIVE IN WARD 3 TO VACATE A PORTION OF STREET RIGHT-OF-WAY 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 street right-of-way 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 street right-of-way 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. Any damage to or relocation of existing facilities will be at the property owner/developer's expense; and 2. Water and sewer lines must be field located, surveyed, and adequate easements retained and dedicated as approved by the City of Fayetteville Utilities Department. Easements must be appropriate widths. Some deep sewer lines may be present, requiring larger easements than the standard 20-foot width. Page 1 City of Fayetteville Staff Review Form 2023-439 Item ID 3/7/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 2/17/2023 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: VAC-2023-0001: Vacation (N. BOB YOUNKIN DR. & W. BISHOP DR./LEGACY VENTURES, 251): Submitted by LEGACY VENTURES NWA INC for property located at N. BOB YOUNKIN DR. & W. BISHOP DR. in WARD 3. The property is zoned R-O, RESIDENTIAL -OFFICE and contains approximately 7.76 acres. The request is to vacate a 0.44-acre portion of right-of-way. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? No Total Amended Budget $ - Expenses (Actual+Encum) $ - Available Budget Does item have a direct cost? No Item Cost $ - Is a Budget Adjustment attached? No Budget Adjustment $ - Remaining Budget Purchase Order Number: Change Order Number: Original Contract Number: Comments: Previous Ordinance or Resolution # Approval Date: V20221130 VAC-2023-0001 N. BOB YO U N KI N DR & W. Close Up View BISHOP DR RI-1 2 RIPPLE CREEK DR Neighborhood Link Unclassified Residential Link Planned Neighborhood Link r _ _i Planning Area _I Fayetteville City Limits - - - Trail (Proposed) R-O Subject Property m O m - -DRAKE ST- a Feet 0 75 150 300 1:2,400 BISHOP -DR z J z z VAC-2023-0001 EXHIBIT 'A' ---------- - - - - - --- DRAKE STD NORTH 450 600 RSF-4 RI-12 RM F-24 Residential -Office VAC-2023-0001 EXHIBIT 'B' Vacation area #1 PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 17N, RANGE 30W, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND 1/2" REBAR MARKING THE NORTHWEST CORNER OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35, AS SHOWN PER PLAT BOOK 10 AT PAGE 28, WASHINGTON COUNTY RECORDS; THENCE S02°31'40"W 723.99 FEET TO THE NORTHWEST CORNER OF LOT 3, APPLEBY LANDING SUBDIVISION, AS RECORDED IN PLAT BOOK 23A AT PAGE 195; THENCE ALONG THE NORTH LINE OF SAID LOT 3, S87°16'29"E 154.86 FEET TO THE NORTHEAST CORNER OF SAID LOT 3, BEING THE TRUE POINT OF BEGINNING; THENCE S87°16'29"E 9.08 FEET; THENCE S02°27'03"W 1200.27 FEET; THENCE N86°46'33"W 9.02 FEET TO A FOUND 1/2" REBAR ON THE EAST LINE OF LOT 6, APPLEBY LANDING; THENCE NO2°26'53"E 276.24 FEET TO THE SOUTHEAST CORNER OF LOT 5, APPLEBY LANDING, WITH A FOUND 1/2" REBAR BEARING S57°05'15"W 0.53 FEET TO SAID CORNER; THENCE NO2°26'53"E 307.79 FEET TO A FOUND 1/2" REBAR MARKING THE SOUTHEAST CORNER OF LOT 4, APPLEBY LANDING; THENCE NO2°26'53"E 308.13 FEET TO A FOUND 1/2" REBAR MARKING THE SOUTHEAST CORNER OF LOT 3, APPLEBY LANDING; THENCE NO2°26'53"E 308.03 FEET TO THE POINT OF BEGINNING, CONTAINING 0.249 ACRES, MORE OR LESS. Vacation Area #2 PART OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 17N, RANGE 30W, WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" REBAR MARKING THE NORTHWEST CORNER OF LOT 8, APPLEBY LANDING SUBDIVISION AS RECORDED IN PLAT BOOK 23A AT PAGE 195, THENCE ALONG THE WEST LINE OF SAID LOT 8, S02°27'14"W 328.02 FEET TO A FOUND 1/2" REBAR MARKING THE NORTHWEST CORNER OF LOT 7, APPLEBY LANDING; THENCE S02°27'14"W 276.64 FEET TO A FOUND CHISELED "X" IN CONCRETE ON THE WEST LINE OF SAID LOT 7; THENCE LEAVING SAID WEST LINE, N86°46'33"W 9.02 FEET; THENCE NO2°27'03"E 908.58 FEET; THENCE S87°39'13"E 9.06 FEET TO A FOUND 1/2" CAPPED REBAR "PS 1349" ON THE WEST LINE OF LOT 9, APPLEBY LANDING; THENCE ALONG THE WEST LINE OF SAID LOT 9, S02°27'14"W 304.05 FEET TO THE POINT OF BEGINNING, CONTAINING 0.189 ACRES, MORE OR LESS. LEGACY VENTURES, LLC P.O. BOX 8216 FAYETEVILLE, AR 72703 January 3, 2023 City of Fayetteville Planning Commission / City Council 125 West Mountain Street Fayetteville, AR 72701 RE: Appleby Landing ROW Vacation Request Dear Planning Commission and City Council, Please accept this written request to vacate a portion of the Right of Way (ROW) along lots three (3), four (4), five (5), six (6), seven (7), eight (8) and nine (9) of Appleby Landing subdivision. Bob Younkin Drive is classified as a Residential Link street and as such only requires a 52 foot ROW. When originally plated, Bob Younkin Drive dedicated 70 feet of ROW and therefore we are respectfully requesting to vacate the additional 18 feet of ROW. There is an existing utility easement on the west side of Bob Younkin and across the frontage of lots three (3), four (4), five (5), and six (6). This easement would remain in place and not be impacted. Our objective with this request is twofold; (1) to align the street more closely with the City of Fayetteville's Residential Link street section and (2) allow the placement of our buildings closer to the street creating a unique street scape. We are envisioning a street planted heavily with trees in the 6 feet of greenspace on either side, on street parking and pedestrian friendly area with wide sidewalks done either side. We will have minimal curb cuts down the street with no need for the large turn lane running the length of Bob Younkin Drive. Furthermore, we want to take advantage of the potentially vacated ROW to be able to place our buildings closer to the street with parking in the rear hidden from public view. Welcoming front porches and stoops will connect the buildings to the public way and be a very inviting community. We have talked to all utilities, and they have all provided their approval in writing. Additionally, the lots mentioned above are the only ones impacted by this request. We feel by granting this ROW vacation and granting our approval of the previously submitted rezone request will pave the way for a wonderful new community providing much needed housing to an aging population. This mid -town location with proximity to the medical core and main transportation corridors make it an excellent location for this type of underserved multifamily product. Our plan is to build a diverse, slightly dense mix of high quality multifamily residential units while not ruling out the possibility of light commercial use where it makes sense. This community will contain units ranging in both size and bedroom count as well as one- and two-story units. We are looking forward to developing a community that delivers high quality housing catering to our aging population. And in doing so create a community that exemplifies urban planning and together leaving our Legacy one Venture at a time. Sincerely, Tim Brisiel (qftv LEGACYVENTUUS PETITION TO VACATE A PORTION OF THE RIGHT-OF-WAY LOCATED IN (), CITY OF FAYETTEVILLE, ARKANSAS TO: The City of Fayetteville Planning Commission The Fayetteville City Council We, the undersigned, being the owner's representative for the real estate abutting the right-of-way hereinafter sought to be abandoned and vacated, lying in (lot Block subdivision), City of Fayetteville, Arkansas a municipal corporation, petition to vacate a right of way which is described as follows: Legal That the abutting real estate affected by said abandonment of the right of way are () 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 right of way. 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 the respective benefit ad 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 sough 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 easements of the public for the use of said right of way. Dated this 3rd day of January, 2023. 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OB/31lOS 10/24/OS JSC Konold Appleby Landing Final Plat 1 C45-2.2 , HE O" wgg O O x SoEw O p" µ 0 RECEIVED MAR 2 0 20:1' Nn'7'[7��H``T A �7/ ,t [�,tc oR AS CITY OF FAYEfTEVILIE f 1 1 w GJ 1 L 1RKAN Democrat AZC#e CITY CLERKS OFFICE _ J1 TeVLIE. AR, 72, -'r 1, 40 ,. 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 o 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 Ord 6651 Was inserted in the Regular Edition on: March 12, 2023 Publication Charges: $129.20 Paola Lope Subscribed and sworn to before me This j� day ofAdt f , 2023. 0& Notary Public My Commission Expires: **NOTE** Please do not pay from Affidavit. Invoice will be sent. irk tro-+ YLEAMONS wNaan jmtc-Anney s WuNlingmn [aunty Coco In,r,812 Rare 26 My Commission Esolrrn Nat 28, 2p82 Ordinance: 6651 File Number. 2023439 VAC 23-OOL (N. BOB YOUNKIN DR. Bs W. BISHOP DR./LEGACY VENTURES, 251j: AN ORDINANCE TO APPROVE VAC 23-001 FOR PROPERTY LOCATED AT NORTH BOB YOUNKIN DRIVE AND WEST BISHOP DRIVE IN WARD 3 TO VACATE A PORTION OF STREET RIGHT-OF-WAY WHEREAS, the City Council has the authority order A.C.A. 414-54-104 to vacate public ®owds or paaions thereof which are not required for coryorace purpoacs; and WHEREAS, the City Councl has determined that the following described portion of street nght� f-way is not required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Sectioul: That the City Council ofthe f City of Fayeaeville, Arkansas hereby vacates the portion ofstteet righto6way as described in Exhibit B attached to the Planning Departments memo. Section 2: A copy ofthis Ordinance duty cer ifiW by the City Clerk along with the map attached as Exhibit A to the Planning Departments memo shall be filed in the office ofthe Washington County Cm uit Clerk. Section 3: This vacation approval is subject to the following conditions: 1. Any damage to or relocation of existing facilities will he of the Property owrendevelopets expense; and 2. Water and we, lines most be field located, surveyed, and adequate easements retained and dedicated as approved by me City of Fayetteville Utilities Department. Easements most be appropnme widths. Some deep sewer lines may be present, requiring larger easements than the standard 20-foot width. PASSED and APPROVED on March 7, 2023 Approved: Limadd Jordan, Mayor Aaem: Km Panama, City Clerk Treasurer This publication was paid for by Use City Clerk -Treasurer ofthe City of Fayetteville, Arkansas. Amount paid: $129,20 75662358 Match 12, 20D