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Home My WebLink AboutOrdinance 5022 Doc ID : 011309600004 TVDe : REL Recorded : 06/29/2007 et 03 : 07 : 43 Ph Fee Amt : $17 . 00 Psae 1 of 4 Msshinoton Countv . AR Bette Stwos Circuit Clerk F11e2007-00025133 ORDINANCE NO, 5022 AN ORDINANCE APPROVING VAC 07-2570 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT 4253 NORTH CROSSOVER ROAD, TO VACATE A UTILITY EASEMENT AND DEDICATE A NEW EASEMENT FOR THE UTILITIES, A TOTAL OF 1 ,207.56 SQUARE FEET. 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 the platted utility easements are 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 and abandons the following described utility easements: See Exhibit `B" attached hereto and made a part hereof. Section 2 : That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . The existing water line shall be relocated to a newly dedicated easement of sufficient width and length as determined by the City Engineering Department and shall be inspected and accepted by the City of Fayetteville prior to building permit approval for the building expansion. 2. Any relocation of existing utilities shall be at the owner/developer' s expense. Page 2 Ord. No. 5022 ,panmrrr PASSED and APPROVED this 5a' day of June, 2007. & 0 *Sy G\ O� ' APPROVE . ATTEST: ' cj � '� � c ; FAYETrEVILLE : "s q�;.9RKANSP Jam,. By: By: NGTON DANY0015Y. ayor SONDRA SMITH, City Clerk/Treasurer "rruuwW`r� EXHIBIT "A" � I a f I p ttyyss M1 ♦'i'K i I [jN2 ti I lift � 4 I � o 14 mxcxrx uta• x.,K t''f (� DOLD I I air k�f/42Wf � 1 Of m TAU SI LH Z I r m V 1 n \ \ roma utw• � � � � �� HILLSIDE TERR c o �Q a t8 VISTA HEALTH EASEMENT VACATION R� .m EXHIBIT "A ' ' ,��, EXHIBIT "B" VAC 07-2570 LEGAL DESCRIPTION (TO BE VACATED): PART OF TRACT 5 OF HARB-CO PLACE AN ADDITION TO THE CITY OF FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN WASHINGTON COUNTY, ARKANSAS; THENCE S88°38' 32"E 668 .08 FEET, THENCE NORTH 158.80 FEET TO THE POINT OF BEGINNING; THENCE NO3007'23"E 28.36 FEET, THENCE S4800792399W 18.90 FEET THENCE N86052 ' 3719W 61 . 19 FEET, THENCE S03°0T23"W 15.00 FEET, THENCE S86052137"E 74.55 FEET TO THE P.O.B. ; CONTAINING 1207.56 SQUARE FEET MORE OR LESS. LEGAL DESCRIPTION (TO BE DEDICATED): PART OF TRACT 5 OF HARB-CO PLACE AN ADDITION TO THE CITY OF FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN WASHINGTON COUNTY, ARKANSAS; THENCE S88°38'32"E 673 .45 FEET, THENCE NORTH 138.68 FEET TO THE POINT OF BEGINNING; THENCE N61034'22"E 28.67 FEET, THENCE N860529379W 130. 17 FEET, THENCE SOUTH 15.02 FEET, THENCE S86052'379E 104.92 FEET TO THE P.O.B.; CONTAINING 1763 .21 SQUARE FEET MORE OR LESS. Washington County, AR I certify this instrument was filed on 06/29/2007 03:07:43 PM and recorded in Real Estate File Number 2007-00025133 Bette Stamps - Circu Clerk by /- ot DD City of Fayetteville 61 5P7 Staff Review Form 5Cr3� City Council Agenda Items V/ I Vf� 07_4,571)j or Contracts 5-Jun-07 City Council Meeting Date Jeremy Pate Planning Operations Submitted By Division Department Action Required: VAC 07-2570: (Vista Health, 138): Submitted by H2 Engineering for property located at 4253 North Crossover. The property is zoned R-O, Residential Office and contains 9.94 acres. The request is to vacate a utility easement within the subject property and dedicate a new easement for the utilities. $0.00 n/a n/a Cost of this request Category/Project Budget Program Category / Project Name n/a n/a Na Account Number Funds Used to Date Program / Project Cate o Name n/a n/a n/a $ - Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution # n/a S IT ITI epartment Dir ctor Date Original Contract Date: n/a Original Contract Number: n/a City Attorney L �J J Received in City Cl rksDlTi EI�I �IN Finance and Internal Service Director Date Received in Mayor's Office 41;zzoI Mayor Date Comments: City Council Meeting of June 5, 2007 Agenda Item Number CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Gary Dumas, Director of Operations From: Jeremy C. Pate, Director of Current Planning Date: May 17, 2007 Subject: Utility Easement Vacation for Vista Health (VAC 07-2570) RECOMMENDATION The Planning Commission and staff recommend approval of an ordinance vacating approximately 1 ,207 sq. ft. of existing utility easement on the subject property and to then rededicate an easement of sufficient length and width for the relocation of any existing utility lines that are to be relocated due to the building expansion. BACKGROUND The project site is located south of the intersection of Crossover Road and Zion Road. The existing health facility was approved by the Planning Commission on July 27, 1981 . The initial development was a 49 bed hospital facility and a 10,889 sq. ft. office building. In 2001 , the applicant received conditional use permit and large scale development approval to add a third building to the site to house a 30 bed medical facility and 3,000 square feet of administrative offices. On March 12, 2007, the Planning Commission approved another conditional use permit for Vista Health. The conditional use approval allowed for the expansion of the existing medical/hospital facility (Use Unit 4). The development includes a 26 bedroom expansion totaling 6,747 sq. ft. A building permit has been submitted for this addition; however, there is an existing utility easement that is located within the building footprint of the proposed expansion. Therefore, the utility easement must be vacated and any existing utility lines relocated to a newly dedicated utility easement prior to approval of the building permit. Staff recommends vacation of one-half of the 25' utility easement as request. Two adjoining property owners have indicated no objections to the request. DISCUSSION The Planning Commission voted 8-0-0 on its consent agenda to forward this item to the City Council with a recommendation for approval . Notification was provided to all appropriate utility representatives. Conditions of approval are recommended in order to satisfy the comments made by city division and utility company representatives. BUDGET IMPACT None. ORDINANCE NO. AN ORDINANCE APPROVING VAC 07-2570 SUBMITTED BY H2 ENGINEERING FOR PROPERTY LOCATED AT 4253 NORTH CROSSOVER ROAD, TO VACATE A UTILITY EASEMENT AND DEDICATE A NEW EASEMENT FOR THE UTILITIES, A TOTAL OF 19207.56 SQUARE FEET. 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 the platted utility easements are 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 and abandons the following described utility easements: See Exhibit "B" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3 : That this vacation approval is subject to the Conditions of Approval as follows, and shall not be in effect until all conditions are met herein. 1 . The existing water line shall be relocated to a newly dedicated easement of sufficient width and length as determined by the City Engineering Department and shall be inspected and accepted by the City of Fayetteville prior to building permit approval for the building expansion. 2. Any relocation of existing utilities shall be at the owner/developer's expense. Page 2 Ord. PASSED and APPROVED this day of 2007. APPROVED: ATTEST: By: By: DAN COODY, Mayor SONDRA SMITH, City Clerkfrreasurer } I I EXHIBIT "A" I I s 3 I S V nail i a s to L - e WI sarrosza•w — Flow E I + aro• I E I � c 4 rnf � Harm w.ar r1..re• ,; oI 1 D I. N LO m �D a I I m LH raTALIsr I r � z u � 3 N \ i it HILLSIDE TERR 0 o � � aTruHlrs y\�qY?o ase � VISTA HEALTH c, ii '' cEwi e1 N EASEMENT VACATIONv =I � EXHIBIT " A" EXHIBIT "B" VAC 07-2570 LEGAL DESCRIPTION (TO BE VACATED): PART OF TRACT 5 OF HARB-CO PLACE AN ADDITION TO THE CITY OF FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN WASHINGTON COUNTY, ARKANSAS; THENCE S88°38'32"E 668.08 FEET, THENCE NORTH 158.80 FEET TO THE POINT OF BEGINNING; THENCE NO3007123"E 28.36 FEET, THENCE S4800712315W 18.90 FEET THENCE N8605293719W 61 . 19 FEET, THENCE S03007'23"W 15.00 FEET, THENCE S86052137"E 74.55 FEET TO THE P.O.B.; CONTAINING 1207.56 SQUARE FEET MORE OR LESS. LEGAL DESCRIPTION (TO BE DEDICATED): PART OF TRACT 5 OF HARB-CO PLACE AN ADDITION TO THE CITY OF FAYETTEVILLE AS PER PLAT ON FILE IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THEi SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN WASHINGTON COUNTY, ARKANSAS; THENCE S88°38'32"E 673 .45 FEET, THENCE NORTH 138.68 FEET TO THE POINT OF BEGINNING; THENCE N61034122"E 28.67 FEET, THENCE N86052937"W 130. 17 FEET, THENCE SOUTH 15.02 FEET, THENCE S86052137"E 104.92 FEET TO THE P.O.B.; CONTAINING 1763 .21 SQUARE FEET MORE OR LESS. • 17aye evl e PC Meeting of May 14, 2007 ARKANSAS THE CITY OF FAYETTEVILLE , ARKANSAS 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 TO: Fayetteville Planning Commission FROM: Jesse Fulcher, Current Planner Matt Casey, Assistant City Engineer THRU : Jeremy Pate, Director of Current Planning DATE: A4ay 990 Updated May 17, 2007 VAC 07-2570: (VISTA HEALTH, 138): Submitted by H2 ENGINEERING, INC. for property located at 4253 N . CROSSOVER ROAD. The property is zoned R-0, RESIDENTIAL OFFICE and contains approximately 9.94 acres. The request is to vacate a utility easement within the subject property and dedicate a new easement for the utilities. Planner: Jesse Fulcher Findings: Property Description and Background: The project site is located south of the intersection of Crossover Road and Zion Road. The existing health facility was approved by the Planning Commission on July 27, 1981 . The initial development was a 49 bed hospital facility and a 10,889 sq. ft. office building. The main hospital facility has since been modified to accommodate 66 beds within the same building foot print. In 2001 , the applicant received conditional use permit and large scale development approval to add a third building to the site to house a 30 bed medical facility and 3,000 square feet of administrative offices. On March 12, 2007, the Planning Commission approved a conditional use permit for Vista Health. The conditional use approval allowed for the expansion of the existing medical/hospital facility (Use Unit 4). The development includes a 26 bedroom expansion totaling 6,747 sq. ft. A building permit has been submitted for this addition; however, there is an existing utility easement that is located within the building footprint of the proposed expansion. Therefore, the utility easement must be vacated and any existing utility lines relocated to a newly dedicated utility easement prior to approval of the building permit. Request: The applicant requests vacation of approximately 1 ,207 sq. ft. of existing utility easement on the subject property and to then rededicated an easement of sufficient length and width for the relocation of any existing utility lines that are to be relocated due to the building expansion. K:%ReWns2007'PC Repws�05-14-07\NAC 07-2570 (Vista nealth).doc The applicant has submitted the required notification forms to the utility companies and to the City with the result summarized below. UTILITIES RESPONSE Ozarks Electric No objections provided that any relocation or damage to existing facilities shall be at the owner/developers expense. Cox Communications No objections Southwestern Electric Power Company No Objections Arkansas Western Gas No Objections Southwestern Bell Telephone No Objections CITY OF FAYETTEVILLE: RESPONSE Water/Sewer No Objections provided that the existing waterline is rerouted and a new easement dedicated prior to easement vacation and building permit approval. Per City Engineering the water line has been relocated. Transportation No Objections Solid Waste No Objections Engineering The existing water line has been relocated; however a new water easement has not yet been recorded and shall be required prior to building permit approval. Public Comment: No public comment has been received. Recommendation : Staff recommends forwarding (VAC 07-2570) to the City Council with a recommendation for approval with the following conditions. K:\Repons\2D07TC Reports\05-14-07wAC 07-2570 (Vista Hulth).doe