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HomeMy WebLinkAboutOrdinance 5389 II Kind ID�RDIN,g13'317 CE 7850003 Type; REL Fec Waee Amt $25/OO,Pap1 ltp N28:16 p s hlnpton County. qR M File20 j i=0009rk 23 ORDINANCE NO. 5389 AN ORDINANCE APPROVING VAC 10-3735 SUBMITTED BY 112 ENGINEERING, INC FOR PROPERTY LOCATED AT 1965 BOX AVENUE TO VACATE A UTILITY EASEMENT, A TOTAL OF 240 SQUARE FEET. WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes; and WHEREAS, the City Council has determined that the following described portion of the platted utility easement is not required for corporate purposes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the following utility easement as described in Exhibit B (attached). Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached and labeled Exhibit A shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. Section 3: That this vacation approval is subject to the Conditions of Approval as follows,and shall not be in effect until all conditions are met: 1. Any damage to or relocation of existing utility lines will be at the property owners expense. 2. The easement vacation shall not be accepted until the existing fire hydrant located in the southeast corner is relocated by the applicant. PASSED and APPROVED this 15th day of February,2011. APPROVED: ATTEST: av,,aa°°�RWTR�y`%, Ge G�(Y SOF SLS%, r � ) a�a N ° AYETTEVILLEm N LD JO , Mayor SONDRA E. SMITH, City reasurRr '�''yT ��GOS� e ssseaeaesrc—" EXHIBIT "A" I ' I I NO2_33'58"E V NQ a I °� ou o3a 3 I N N INO � OWR W bA vY2 p 2 IAv I OD �_ A ... W £ IE I °n3o Do i0a I in _ J �2 SR IN Z I N ^ n p N O A A m R -' 'bm � 1 I N p p o I WW 1 OJW NA � T _ I ,cs'ct i — - - -- - - - —�- - 3..61,0&t0$ u67'26'02"W 17,65- 917 Se•k,,h o--_._ _ _ 3163.97-__ _ ,�.... .r._.___`"r___... —� S02'33'58"W °x_.___c,a._ .. Avenue— ' eP" ,3 ood _Azo oq nN' p Oln > oN� 9Te - $ao m no 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" I "_—NO2^33`58"[ N v ' ry Nub ^ I n3 I o 1 o� �, lI a o0 W ISA � ov,�^ mI M A { I f I n a p D O N_ n � � ✓, A c_ IBSe bp1k°e -Im O A' m� tPN WO J --nRr tOOA m O� I :� .(.I N Zip O o. Am N AN b j0 mm NA i LT :OE.tos N87-2 021.1 163.92' - � S02'33'58,,W ... I i - ia_•w e32. >w9 � aoe o>� ooA ac 3 ',3a o 37 r+y RO °.4 ° v € asl3 F EASEMENT VA( A.Ill OIV EXI-ITB.IT O: 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.