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ORDINANCE NO. 5389
AN ORDINANCE APPROVING VAC 10-3735 SUBMITTED BY 112
ENGINEERING, INC FOR PROPERTY LOCATED AT 1965 BOX AVENUE
TO VACATE A UTILITY EASEMENT, A TOTAL OF 240 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 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 and
abandons the following utility easement as described in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached 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:
1. Any damage to or relocation of existing utility lines will be at the property owners
expense.
2. The easement vacation shall not be accepted until the existing fire hydrant located in the
southeast corner is relocated by the applicant.
PASSED and APPROVED this 15th day of February,2011.
APPROVED: ATTEST: av,,aa°°�RWTR�y`%,
Ge G�(Y SOF SLS%,
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N ° AYETTEVILLEm
N LD JO , Mayor SONDRA E. SMITH, City reasurRr
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EXHIBIT "A"
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8 f r E EASEMENT VA CATION
EXHIBIT „. ”
EXHIBIT "B"
VAC 10-3735
UTILITY EASEMENT VACATION DESCRIPTION
PART OF THE UTILITY EASEMENT DESCRIBED IN FILE #2007-37462 BEING PART OF
ADJUSTED TRACT A OF THE LOT LINE ADJUSTMENT RECORDED AS FILE#2007-
37462 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE SAID ADJUSTED
TRACT A; THENCE S02°33'58"W, ALONG THE EAST LINE OF THE ABOVE SAID
ADJUSTED TRACT A, A DISTANCE OF 163.92 FEET; THENCE N87°26'02"W, LEAVING
THE ABOVE SAID EAST LINE, A DISTANCE OF 17.65 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SO1°30'19"E, A DISTANCE OF 33.67 FEET; THENCE S88°29'41"W,
A DISTANCE OF 33.17 FEET; THENCE N01°30'19"W, A DISTANCE OF 4.00 FEET;
THENCE N88029'41"E, A DISTANCE OF 26.14 FEET; THENCE N29°12'54"E, A
DISTANCE OF 5.69 FEET; THENCE NO2°33'58"E, A DISTANCE OF 24.83 FEET; THENCE
N88°29'41"E, A DISTANCE OF 2.36 FEET TO THE POINT OF BEGINNING AND
CONTAINING 240 SQUARE FEET.
Washington County,AR
I certify this instrument was filed on
03/11/2011 02:28:16 PM
and recorded in Real Estate
File Number 2011-00006923
Bette Stamps ' uit ler
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
2/15/2011
City Council Meeting Date
Agenda Items Only
Dara Sanders Planning Development Services
Submitted By Division Department
Action Required:
VAC 10-3735: (Firestone, 372): Submitted by H2 Engineering, Inc. for property located at 1965 Box Avenue. The
property is zoned CS, Community Services and contains approximately 1.23 acres. The request is to vacate
approximately 240 square feet of an existing utility easement.
Cost of this request Category/Project Budget Program Category/Project Name
Account Number Funds Used to Date Program/Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
'Wk Previous Ordinance or Resolution#
Departme e t Date
Original Contract Date:
Original Contract Number:
City AjttrneyDate
` c,., (n 0., , 1�..,c , 1 - 29-16tt
Finance and Internal Services Director Date Received in CityO 1-27-1 1 Al 0 : 16 R C V D
Clerk's Office y
Chief of aff Date EF of
Received in
Mayor's Office f
or ate
Comments:
Revised January 15, 2009
7aye evi le THE CITY OF FAYETTEVILLE,ARKANSAS
DEPARTMENT CORRESPONDENCE
Afl KANSAS
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director (�
From: Dara Sanders, Current Planner
Date: January 27, 2011
Subject: VAC 10-3735 (Firestone)
RECOMMENDATION
Staff and Planning Commission recommend approval of an ordinance vacating a portion of an existing utility
easement on the subject property(VAC 10-3735).
BACKGROUND
The subject property contains approximately 1.20 acres and is located north of Highway 45 (Mission
Boulevard/) and east of Highway 265 (Crossover Road) at the northwest corner of the intersection of Box
Avenue and Mission Boulevard. The underlying CS, Community Services, zoning district requires that the
building be constructed in a build-to zone located between 10 and 25 feet from the right-of-way line (15 feet)
and is subject to design standards that require "pedestrian oriented elements", such as a covered area adjacent to
the building, planters, benches, etc.
There is an existing 20-feet wide general utility easement along the property frontage onto Mission Avenue and
Box Avenue, which has reduced the developable area within the build-to zone to 20 and 25 feet from the right-
of-way line (5 feet). The applicant's request is to vacate approximately 240 square feet of the utility easement at
the southeast corner of the subject property in order to allow for the addition of the required covered area to the
building.
DISCUSSION
On January 24, 2011 the Planning Commission forwarded this request to the City Council with a recommendation
for approval with a vote of 8-0-0.
BUDGETIMPACT
None.
ORDINANCE NO.
AN ORDINANCE APPROVING VAC 10-3735 SUBMITTED
BY H2 ENGINEERING, INC FOR PROPERTY LOCATED AT
1965 BOX AVENUE TO VACATE A UTILITY EASEMENT, A
TOTAL OF 240 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 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 and
abandons the following utility easement as described in Exhibit B (attached).
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the
map attached 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 such conditions are met:
1. Any damage to or relocation of existing utility lines will be at the property owners
expense.
2. The easement vacation shall not be accepted until the existing fire hydrant located in the
southeast corner is relocated by the applicant.
PASSED and APPROVED this 15th day of February, 2011.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
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EXHIBIT "B"
VAC 10-3735
UTILITY EASEMENT VACATION DESCRIPTION
PART OF THE UTILITY EASEMENT DESCRIBED IN FILE#2007-37462 BEING PART OF
ADJUSTED TRACT A OF THE LOT LINE ADJUSTMENT RECORDED AS FILE 42007-
37462 IN THE CIRCUIT CLERK'S OFFICE OF WASHINGTON COUNTY, ARKANSAS
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE ABOVE SAID ADJUSTED
TRACT A; THENCE S02°33'58"W, ALONG THE EAST LINE OF THE ABOVE SAID
ADJUSTED TRACT A, A DISTANCE OF 163.92 FEET; THENCE N87°26'02"W, LEAVING
THE ABOVE SAID EAST LINE, A DISTANCE OF 17.65 FEET TO THE TRUE POINT OF
BEGINNING; THENCE SOI°30'19"E, A DISTANCE OF 33.67 FEET; THENCE S88°29'41"W,
A DISTANCE OF 33.17 FEET; THENCE NO1-30'1 9"W, A DISTANCE OF 4.00 FEET;
THENCE N88029'41"E, A DISTANCE OF 26.14 FEET; THENCE N29°12'54"E, A
DISTANCE OF 5.69 FEET; THENCE NO2°33'58"E, A DISTANCE OF 24.83 FEET; THENCE
N88°29'41"E, A DISTANCE OF 2.36 FEET TO THE POINT OF BEGINNING AND
CONTAINING 240 SQUARE FEET.
T �*4..
e PC Meetingy of Januar24, 2011
An KANSAS b •J
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479)575-8267
TO: Fayetteville Planning Commission
FROM: Data Sanders, Current Planner
THRU: Jeremy Pate, Development Services Director
DATE: Updated January 27, 2011
VAC 10-3735: Vacation (1965 BOX AVE./FIRESTONE, 372): Submitted by H2
ENGINEERING, INC. for property located at 1965 BOX AVENUE. The property is zoned CS,
COMMUNITY SERVICES and contains approximately 1.23 acres. The request is to vacate
approximately 240 square feet of an existing utility easement. Planner: Dara Sanders
Findings:
Property Description: The subject property contains approximately 1.20 acres and is
located north of Highway 45 (Mission Boulevard/) and east of Highway 265 (Crossover
Road) at the northwest corner of the intersection of Box Avenue and Mission Boulevard.
In November 2010, the Planning Commission approved the applicant's conditional use
permit request (CUP 10-3684) to allow for a tire and auto repair store (Use Unit 17,
Transportation Trade and Services) on the subject property.
The underlying CS, Community Services, zoning district requires that the building be
constructed in a build-to zone located between 10 and 25 feet from the right-of-way line
(15 feet) and is subject to design standards that require "pedestrian oriented elements",
such as a covered area adjacent to the building, planters, benches, etc.
Request: There is an existing 20-feet wide general utility easement along the property
frontage onto Mission Avenue and Box Avenue, which has reduced the developable area
within the build-to zone to 20 and 25 feet from the right-of-way line (5 feet). The
applicant's request is to vacate approximately 240 square feet of the utility easement at
the southeast corner of the subject property in order to allow for the addition of the
required covered area to the building, as shown in the attached building elevations and
site plan.
The applicant has submitted the required notification forms to the utility companies with
the result summarized below.
UTILITIES RESPONSE
Ozarks Electric No Objections
Cox Communications No Objections
Southwestern Electric Power Company No Objections
Arkansas Western Gas No Objections
AT&T No Objections
CITY OF FAYETTEVILLE: RESPONSE
Water/Sewer No Objections
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: No public comment has been received.
Recommendation: Finding that the remaining easement is adequate to serve the subject
property and all adjacent properties, staff recommends forwarding VAC 10-3735 to the
City Council with a recommendation of approval with the following conditions:
Condition of Approval:
1. Any damage to or relocation of existing utility lines will be at the property
owners expense.
2. The easement vacation shall not be accepted until the existing fire hydrant
located in the southeast corner is relocated by the applicant.
CITY COUNCIL ACTION: Required
PLANNING COMMISSION ACTION: Required
Planning Commission Action: x Forwarded ❑ Denied ❑ Tabled
Date: January 24, 2011
Motion: Winston
Second: Hoskins
Vote: 8-0-0
Note:
H
ENWONEEFRIN0, INC.
November 23,2010
City of Fayetteville
Planning Commission
113 West Mountain St.
Fayetteville,AR 72701
RE: COMWRCIAL LOT—HWY 45&BOX AVE
UTILITY EASEMENT VACATION
To Whom It May Concern:
Please accept this letter as our official request for a partial Utility Basement Vacation in the
southeast corner of the commercial lot located at the intersection of Hwy 45 and Box Ave. The
property is zoned Community Services with a 10 ft — 25 ft build-to zone. The result of this
easement vacation will allow the southeast corner of the building to be placed at the 10 ft build-to
line. Because of the orientation with Hwy 45, this will allow for the building to be located in the
build-to zone, which will minimize the non-compliance of the minimum buildable street frontage
requirement.
The proposed building will encroach approximately 4 feet along Hwy 45 and along Box Ave
encompassing 240 sf of existing utility easement.
All utility agencies have granted their approval for the release of this easement area.
Thank you for your consideration in this regard.
Respectfully,
Kipp Hearne,P.E.