City of Fayetteville, Arkansas Page 1 of 1

City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2018-0148, Version: 1 VAC 18-6097 (W. OF BEECHWOOD AVE. & 15TH ST./BARRETT DEV. GROUP): AN ORDINANCE TO APPROVE VAC 18-6097 FOR PROPERTY LOCATED WEST OF BEECHWOOD AVENUE AND 15 TH STREET 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 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 a 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. 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 of 1 Printed on 3/15/2018 powered by Legistar

City of Fayetteville Staff Review Form 2018-0148 Legistar File ID 3/20/2018 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Garner Stoll Submitted By 3/1/2018 Submitted Date Action Recommendation: City Planning / Development Services Department Division / Department VAC 18-6097: Vacation (W. OF BEECHWOOD AVE. & 15TH ST./BARRETT DEV. GROUP, 598): Submitted by JORGENSEN & ASSOCIATES, INC. for property located W. OF BEECHWOOD AVE. & 15TH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 7.08 acres. The request is to vacate a portion of a utility easement. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ - Funds Obligated $ - Current Balance $ - Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget $ - Must Attach Completed Budget Adjustment! Previous Ordinance or Resolution # V20140710 Original Contract Number: Approval Date: Comments:

MEETING OF MARCH 20, 2018 TO: THRU: FROM: Mayor and City Council Garner Stoll, Development Services Director Harry Davis, Current Planner DATE: March 1, 2018 SUBJECT: VAC 18-6097: Vacation (W. OF BEECHWOOD AVE. & 15 TH ST./BARRETT DEV. GROUP, 598): Submitted by JORGENSEN & ASSOCIATES, INC. for property located W. OF BEECHWOOD AVE. & 15 TH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 7.08 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff and the Planning Commission recommend approval of VAC 18-6097 with the following condition of approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer s expense. BACKGROUND: The subject property is west of the intersection of 15th Street and Beechwood Avenue, is zoned RMF-24, and contains 7.08 acres. The site is currently vacant with some dedicated utility easements. Proposal: The applicant proposes to vacate a portion of a utility easement, as shown in the attached Exhibits A and B, in order to prepare the site for development. DISCUSSION: On February 26, 2018, the Planning Commission forwarded this item to the City Council with a recommendation for approval with a vote of 8-0-0. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Application Planning Commission Staff Report

!! Shared VAC18-6097 Close Up View BARRETT DEVELOPMENT 18-6097 EXHIBIT ' ' I-1 DECATUR DR 15TH ST RMF-12 HORIZON WAY DANBURY PL Subject Property C-2 RMF-24 CASCADE DR COLONNADE DR BEECHWOOD AVE ARIZONA DR CROWNE DR RICHMOND DR RADISSON DR UT P-1 N Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet RMF-12 RMF-24 I-1 Heavy Commercial and Light Industrial I-2 General Industrial C-2 Urban Thoroughfare P-1

18-6097 EXHIBIT 'B' LEGAL DESCRIPTION UTILITY EASEMENT VACATION: A part of the NE1/4 of the SW1/4 of Section 20, T-16-N, R-30-W of Washington County, Arkansas, and being described as follows: Commencing at the NW Corner of said NE1/4, SW1/4, thence S87 10'48"E 671.28 feet, thence S02 31'18"W 307.72 feet, thence S88 33'49"E 265.02 feet to the POINT OF BEGINNING; thence S88 33'49"E 20.00 feet, thence S02 29'40"W 91.28 feet, thence N86 47'40"W 20.00 feet, thence N02 29'40"E 90.66 feet to the POINT OF BEGINNING, Containing 1,819 square feet, more or less.

TO: THRU: FROM: City of Fayetteville Planning Commission Andrew Garner, City Planning Director Harry Davis, Planner MEETING DATE: February 26, 2018 SUBJECT: UPDATE W PC RESULTS VAC 18-6097: Vacation (W. OF BEECHWOOD AVE. & 15 TH ST./BARRETT DEV. GROUP, 598): Submitted by JORGENSEN & ASSOCIATES, INC. for property located W. OF BEECHWOOD AVE. & 15 TH ST. The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 7.08 acres. The request is to vacate a portion of a utility easement. RECOMMENDATION: Staff recommends forwarding VAC 18-6097 to City Council with a recommendation for approval with conditions. BACKGROUND: The subject property is west of the intersection of 15 th Street and Beechwood Avenue, is zoned RMF-24, and contains 7.08 acres. The site is currently vacant with some dedicated utility easements. Surrounding land uses and zoning districts are in Table 1. Table 1 Surrounding Zoning and Land Use Direction Land Use Zoning North Electric Substation I-1, Heavy Commercial and Light Industrial South Multi-family Residential RMF-24, Residential Multi-family East Multi-family Residential C-2, Commercial Thoroughfare West Undeveloped RMF-24, Residential Multi-family Proposal: The applicant proposes to vacate a portion of utility easement for development. DISCUSSION: Vacation Approval: The applicant has submitted the required vacation forms to the City utility departments, with the following responses:

Utility Cox Communications AEP/SWEPCO BlackHills Energy AR AT&T Ozarks Electric City of Fayetteville Water/Sewer Solid Waste & Recycling Transportation Response No objections, provided that any damage to or relocation of existing facilities will be at the owner/developer s expense. No objections and no comment. No objections and no comment. No objections and no comment. No objections and no comment. Response No objections and no comment. N/A N/A Public Comment: No public comment has been received. RECOMMENDATION: Staff recommends forwarding VAC 18-6097 to the City Council with a recommendation for approval subject to the following conditions: Conditions of Approval: 1. Any relocation of or damage to existing utilities or existing facilities shall be at the owner/developer s expense; Planning Commission Action: Forwarded Tabled Denied Meeting Date: February 26, 2018 Motion: Quinlan Second: Scroggin Vote: 8-0-0 Motion to approve as part of consent agenda with all conditions as recommended by staff Motion passed BUDGET/STAFF IMPACT: None. G:\ETC\Development Services Review\2018\Development Review\18-6097 VAC W. of Beechwood Ave. & 15th St. (Barrett Dev. Group) 598

Attachments: Petition to Vacate Utility Approvals Easement Vacation Exhibit One Mile Map Close-Up Map Current Land Use Map G:\ETC\Development Services Review\2018\Development Review\18-6097 VAC W. of Beechwood Ave. & 15th St. (Barrett Dev. Group) 598

UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 01/08/2018 UTILITY COMPANY: AT&T APPLICANT NAME: APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): x Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (ATTACH legal description and graphic representation of what is being vacated-survey) UTILITY COMPANY COMMENTS: x No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility Company Representative Title MGR OSP plng & ENGRG Design December 2014 Page 5

UTILITY APPROVAL FORM FOR RIGHT- OF- WAY, ALLEY, AND UTILITY EASEMENT VACATIONS DATE: 1-09-2018 UTILITY COMPANY: OZARKS ELECTRIC COOP APPLICANT NAME: BEECHWOOD AVE. COTTAGES APPLICANT PHONE: REQUESTED VACATION (applicant must check all that apply): X X Utility Easement Right-of-way for alley or streets and all utility easements located within the vacated right- of- way. Alley Street right-of-way I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows: General location / Address (ATTACH legal description and graphic representation of what is being vacated-survey) UTILITY COMPANY COMMENTS: X No objections to the vacation(s) described above, and no comments. No objections to the vacation(s) described above, provided following described easements are retained. (State the location, dimensions, and purpose below.) No objections provided the following conditions are met: Signature of Utility Company Representative SYSTEM STAKING TECH Title December 2014 Page 5

VAC18-6097 One Mile View BARRETT DEVELOPMENT N 49 49 49 49 RAMP 62 EXIT 62 OLD FARMINGTON RD FUTRALL DR IPZD MARTIN LUTHER KING BLVD 0 0.125 0.25 0.5 Miles C-2 HOLLYWOOD AVE CS RPZD R-O RMF-24 49 RMF-12 Subject Property I-2 49 UT DECATUR DR BEECHWOOD AVE 15TH ST RAZORBACK RD P-1 RSF-4 49 C-1 18TH ST R-A SHILOH DR FULBRIGHT EXPY I-1 GARLAND AVE FULBRIGHT EXPY CATO SPRINGS RD NS-L Legend Planning Area Fayetteville City Limits Shared Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Planning Area Fayetteville City Limits Zoning EXTRACTION RESIDENTIAL SINGLE-FAMILY E-1 Residential-Agricultural COMMERCIAL RSF-.5 Residential-Office RSF-1 C-1 RSF-2 C-2 RSF-4 C-3 RSF-7 FORM BASED DISTRICTS RSF-8 Downtown Core RSF-18 Urban Thoroughfare RESIDENTIAL MULTI-FAMILY Main Street Center RT-12 Residential Two and Three-family Downtown General RMF-6 Community Services RMF-12 Neighborhood Services RMF-18 Neighborhood Conservation RMF-24 PLANNED ZONING DISTRICTS RMF-40 Commercial, Industrial, Residential INDUSTRIAL INSTITUTIONAL I-1 Heavy Commercial and Light Industrial P-1 I-2 General Industrial

!! Shared VAC18-6097 Close Up View BARRETT DEVELOPMENT I-1 DECATUR DR 15TH ST RMF-12 HORIZON WAY DANBURY PL Subject Property C-2 RMF-24 CASCADE DR COLONNADE DR BEECHWOOD AVE ARIZONA DR CROWNE DR RICHMOND DR RADISSON DR UT P-1 N Legend Planning Area Fayetteville City Limits Use Paved Trail Trail (Proposed) Design Overlay District Building Footprint Feet 0 75 150 300 450 600 1 inch = 200 feet RMF-12 RMF-24 I-1 Heavy Commercial and Light Industrial I-2 General Industrial C-2 Urban Thoroughfare P-1

VAC18-6097 Current Land Use N BARRETT DEVELOPMENT GROUP, LLC BAUM DR DEBRIYN DR BEECHWOOD AVE Commercial 15TH ST Subject Property 18TH ST Streets Planned MSP Class COLLECTOR Streets Existing Feet MSP Class COLLECTOR Trail (Proposed) Planning Area Fayetteville City Limits Design Overlay District 0 112.5 225 450 DR RICHM E DR CUSTER LN CASCAD C R OW N E D R RA D I SS ON Multi-Family Commercial ARIZONA DR COLONNADE DR DANBURY PL Undeveloped HORIZON WAY DECATUR DR 675 1 inch = 300 feet 900 ON D D R