HomeMy WebLinkAboutOrdinance 4767 EXHIBIT A
VAC 05-1689
A TRACT OF LAND LOCATED BETWEEN LOT 24 AND LOT 259 OF CANDLEWOOD
SUBDIVISION, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND
SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS :
COMMENCING AT TEHE SOUTHEAST CORNER OF SAID LOT 24 THENCE NORTH 00
DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 180.96 FEET TO THE
NORTHEAST CORNER OF SAID LOT 24; THENCE NORTH 88 DEGREES 47 MINUTES 14
SECONDS EAST A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF SAID
LOT 25; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF
180.08 FEET TO THE SOUTHWEST CORNER OF SAID LOT 25 ; THENCE SOUTH 87
DEGREES 46 MINUTES 46 SECONDS WEST A DISTANCE OF 50.03 FEET TO THE POINT
OF BEGINNING, AND CONTAINING 0.21 ACRES, MORE OR LESS.
AND BEING SUBJECT TO ANY EASEMENTS, RIGHTS OF WAYS, COVENANTS AND
RESTRICTIONS OF RECORD.
Washington County, AR
I certify this instrument was filed on
12/08/2005 02:07:48 PM
and recorded in Real Estate
File Numb 2005-00054543
Bette St Circuit Clerk
by
t� 7G7
• City of Fayetteville •
Staff Review Form
City Council Agenda Items
or
Contracts
4-Oct-05
City Council Meeting Date
Jeremy Pate Planning Operations
Submitted By Division Department
Action Required:
VAC 05- 1689: (JDM INVESTMENTS, 294): Submitted by Roger Trotter for property located between 2716 and 2728 North
Candlewood Drive. The property is zoned RSF-4, Residential Single Family, 4 units per acre. The request is to vacate a right
of way at the subject property.
$0.00 n/a n/a
Cost of this request Category/Project Budget Program Category / Project Name
n/a n/a n/a
Account Number Funds Used to Date Program / Project Category Name
n/a n/a n/a
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
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Previous Ordinance or Resolution # n/a
Department birecto Date Original Contract Date: n/a
Original Contract Number: n/a
9 6 of
City Attorney
Received in City Clerk's Office
Finance and Internal Service Director Date
Received in Mayor's Office
ENTERED
Mayor Date
Comments:
City Council Meeting of October 4, 2005
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: September 13 , 2005
Subject: Right-of-Way Vacation for JDM Investments (VAC 05- 1689)
RECOMMENDATION
Planning Commission recommends approval of an ordinance vacating an existing right-
of-way stub-out on the subject property, as depicted herein. Planning Staff originally
recommended denial of the right-of-way vacation as depicted in the enclosed staff report.
BACKGROUND
The final plat for the Candlewood Subdivision was approved by the City in 1999
requiring a 50' right-of-way stub-out/utility easement extending north from Candlewood
Drive approximately 180' . Since that time, the property owners adjacent to this right-of-
way stub-out have constructed driveways and installed landscaping and other
improvements in the city-owned area. There are public utilities in this right-of-way.
Both houses on either side of the existing right-of-way were originally built to conform to
the 25 ' setback off of the right-of-way, and was reflected and required when the houses
were constructed, in anticipation of a future street connection. The applicant processed a
Conceptual Plat through the Planning Commission on September 12, 2005 for a proposed
subdivision with 11 single-family lots on approximately six acres directly north of the
Candlewood Subdivision and the subject right-of-way. The applicant' s request is to
vacate the 50' right-of-way between 2716 and 2728 Candlewood Drive.
DISCUSSION
This item was heard at the regular Planning Commission on September 12, 2005. The
Planning Commission voted 5-2-0 to recommend in favor of this vacation request to the
City Council . Notification was provided to all appropriate utility representatives and
adjoining property owners. No objections were submitted with the condition that the area
be maintained as a utility easement. The Candlewood Subdivision had a large tum-out in
favor of this request at the Planning Commission meeting.
BUDGET IMPACT
None.
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IFAY E77 EVEID LIE
THE CITY OF FAYfTTEVILIE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: City Council .
FROM: Kit Williams, City Attorney
DATE : September 16, 2005
RE : VAC 05-1689
Vacation of unbuilt "stub out street"
The City of Fayetteville is often asked to vacate a platted, but not built
street or alley or an unused utility easement. The City Council has the
power "to vacate . . . such portions thereof as may not . . . be required for
corporate purposes . . . ." A.C .A. § 14-54- 104 (emphasis added).
There is another more specific statute for vacating streets and alleys
that have been dedicated to the City by platting a subdivision, if such street
or alley has not "been actually used by the public as a street or alley for a
period of five (5) years . . . ." A.C.A. § 14-301 -301 (b).
Neither of these statutory powers to vacate are mandatory upon the
City Council, but only give the City Council that "power to vacate and
abandon" streets, alleys, easements, etc.
The power to vacate is limited to the extent that abutting owners
object to their loss of "right of ingress or egress across the property being
vacated . . . ." Wright v. City of Monticello, 345 Ark. 420, 47 S .W. 3`d 851 ,
856 (2001 ).
"We have held that the owner of property abutting
upon a street has an easement in such street for the
purpose of ingress and egress which attaches to his
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property and in which he has a right of property as
fully as in the lot itself. We have also noted that
this property right is not diminished merely because
the property owner has alternative means of ingress
and egress." Id. at 857 (citations omitted).
Thus, we need to ensure that each abutting property owner has
consented to the street vacation. I believe our Planning Division ensures
such consent has been obtained before submitting any vacation request to
you. You will find that the abutting property owners in this case have
requested that the unbuilt stub out street be vacated.
Once all abutting owners have consented, the issues for the City
Council are whether the platted street has been actually used by the public
during the last five years and whether this stub out "from the standpoint of
public interest and welfare, the street . . . should be vacated . . . ." A.C.A. 14-
301 -303 ; or whether the street, alley, or easement is "required for corporate
purposes . . . ." A.C .A. § 14-54- 104.
ORDINANCE NO,
AN ORDINANCE APPROVING VAC 05- 1689 SUBMITTED BY
ROGER TROTTER FOR PROPERTY LOCATED BETWEEN 2716
AND 2728 NORTH CANDLEWOOD DRIVE, VACATING A
RIGHT OF WAY AS INDICATED ON THE ATTACHED MAP AND
LEGAL DESCRIPTION
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 right of way is not
required for corporate purposes; and
WHEREAS, the City Council has additional authority pursuant to A.C.A. § 14-301 -304 to
vacate a street upon petition of all abutting owners if the street has not been used by the public for the
last five years and the City Council determines after a public hearing from the standpoint of public
interest and welfare, the street should be vacated; and
WHEREAS, the City Council finds this unbuilt stub out has not been used by the public and
that the petition of all abutting owners to vacate this street subject to reservation of a public utility
easement should, from the standpoint of public interest and welfare, be granted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1 : That the City of Fayetteville, Arkansas hereby vacates and abandons all its rights,
together with the rights of the public general, in and to the right of way designated as followed:
See Exhibit "A" attached hereto and made a part hereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk 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 condition that the subject area be
maintained as a utility easement.
PASSED and APPROVED this 20's day of September, 2005 .
APPROVED:
,F
By: pRp
DAN COODY, Mayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
VAC 05-1689
A TRACT OF LAND LOCATED BETWEEN LOT 24 AND LOT 255 OF CANDLEWOOD
SUBDIVISION, A SUBDIVISION TO THE CITY OF FAYETTEVILLE, ARKANSAS, AND
SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TEHE SOUTHEAST CORNER OF SAID LOT 24 THENCE NORTH 00
DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF 180.96 FEET TO THE
NORTHEAST CORNER OF SAID LOT 24; THENCE NORTH 88 DEGREES 47 MINUTES 14
SECONDS EAST A DISTANCE OF 50.00 FEET TO THE NORTHWEST CORNER OF SAID
LOT 25; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST A DISTANCE OF
180.08 FEET TO THE SOUTHWEST CORNER OF SAID LOT 25 ; THENCE SOUTH 87
DEGREES 46 MINUTES 46 SECONDS WEST A DISTANCE OF 50.03 FEET TO THE POINT
OF BEGINNING, AND CONTAINING 0.21 ACRES, MORE OR LESS.
AND BEING SUBJECT TO ANY EASEMENTS, RIGHTS OF WAYS, COVENANTS AND
RESTRICTIONS OF RECORD.
ayeVVIe PC Meeting of September 12 , 2005
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: Andrew Garner, Planner
Brent O'Neal, Staff Engineer
THRU : Jeremy Pate, Director of Current Planning
DATE: ^ • •�• •���n �nnc September 14, 2005
VAC 05-1689: Vacation (JDM Investments, pp 294) Submitted by ROGER
TROTTER for property located at BETWEEN 2716 AND 2728 N CANDLEWOOD
DRIVE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE. The
request is to vacate a right of way on the subject property.
Planner: ANDREW GARNER
List of Report Appendices:
Appendix A Maps of the Project Area
Appendix B Applicant's Request
Appendix C Utility Companies and City Responses
Appendix D Public Comment and Petition
Appendix D- I Photo No. 1 : Aerial Photo of Subject Right-of-Way
Appendix D-2 Photo No. 2 : View Looking North from Candlewood Drive
Appendix D-3 Photo No. 3 : Close-up View of Subject Right-of-Way
Appendix E Candlewood Subdivision Planning Commission and Subdivision
Committee Meeting Minutes - 1999
Findings :
Property Description and Background: The subject property is located east of State
Highway 265 (Crossover Road) in the Candlewood Subdivision and is a 50' right-of-way
and utility easement located between 2716 and 2728 North Candlewood Drive (see maps
provided in Appendix A). The final plat for the Candlewood Subdivision was approved
by the City in 1999 requiring the future street stub-out and this 50' right-of-way stub-
out/utility easement was included on the final plat. Since that time, the property owners
adjacent to this right-of-way stub-out have constructed driveways and installed
landscaping and other improvements in the city-owned area. There are public utilities in
this right-of-way. Both houses on either side of the existing right-of-way were originally
built to conform to the 25 ' setback off of the right-of-way, and was reflected and required
when the houses were constructed, in anticipation of a future street connection.
K:\Repons\2005\PC Rcpons\09-12-05WAC 05-1689 (JDM Investments).doc
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The applicant is processing a Conceptual Plat for a proposed subdivision with 1 I single-
family lots on approximately six acres directly north of the Candlewood Subdivision and
the subject area. The area proposed to be vacated is intended to provide a potential street
connection between these two residential neighborhoods.
Request: The applicant' s request (see Appendix B) is to vacate a 50' right-of-way in
order to avoid a potential street connection between Candlewood Subdivision and the
applicant's conceptual development immediately north.
The applicant has submitted the required notification forms to the utility companies and
to the City. The results are summarized below and detailed responses are attached as
Appendix C:
UTILITIES RESPONSE
Ozarks Electric No Objections
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.
Transportation No Objections
Solid Waste No Objections
Engineering No Objections
Public Comment: The applicant has submitted the required notification forms to the
adjacent property owners. Adjacent property owners had no objections to the proposed
vacation. Further, these property owners and the Candlewood Subdivision Property
Owner's Association strongly encourage the abandonment of this right-of-way citing that
a street connection through the subject area would reduce property values, result in safety
concerns, and increase traffic to nearby schools. Extensive responses from the adjacent
property owners in response to the notification forms and petition are included in
Appendix D, and include photos attached as Appendices D- I through D-3.
Recommendation: Staff finds that vacating the right-of-way in the subject easement
would not adversely affect the provision of utilities to the property or any other
KAteports\2005\PC Reports\09-12-05\VAC 05-1689 (IDM Investmen(s).do
properties. However, staff finds that vacating the right-of-way would be inconsistent
with City of Fayetteville policy to encourage street connectivity. City of Fayetteville
Guiding Policy 9. 19d states:
Discourage perimeter walls and guard houses around the perimeter of new
residential developments and promote "connectivity " to increase accessibility
and provide more livable neighborhoods. t
This policy was created with the intent to provide street connectivity which allows
drivers and pedestrians more than one choice into and out of a subdivision or
development and more choices when driving or walking through the City. Street
connectivity allows for smoother traffic flow and reduces congestion at intersections and
on road segments, which ultimately results in safer conditions for drivers and pedestrians.
Vacating the subject 50' right-of-way stub-out would not only isolate the property to the
north of the stub-out, but would also fail to provide a third connection for Candlewood
Subdivision that was found to be necessary after a substantial amount of discussion and
analysis in 1999 (see Planning Commission and Subdivision Committee minutes in
Appendix E). The property to the north of the subject 50' right-of-way is being processed
in the City as a Conceptual Plat for an I1 -lot residential subdivision. Vehicles and
pedestrians from this property would be funneled directly onto Crossover Road, with no
other options. Further, vehicles and pedestrians on Candlewood Drive would be left with
only one option of access onto Crossover Road. The Candlewood Subdivision currently
has 59 lots and two points of connectivity: ( 1 ) Candlewood Drive/Crossover Road; and
(2) Candlewood Drive/Township Street. The subject stub-out was designed to provide an
eventual third point of connectivity from Candlewood Drive to the north. This
connection was designed to help improve traffic flow into and out of the Candlewood
Subdivision for residents, emergency and other public service vehicles, and to provide
another option for drivers in the City of Fayetteville to connect local traffic, pedestrians,
and emergency access between Township Street and Crossover Road. The rationale that
originally led to the creation of this right-of-way stub-out is still valid and the right-of-
way is still needed. The desires of the developer of the adjacent property and of existing
home owners are certainly taken into consideration; however, the long-term effects of not
providing street connectivity are far-reaching, beyond this development and existing
property owners.
Based on these findings, staff recommends denial of the proposed right-of-way vacation
VAC 05-1689.
PLANNING COMMISSION RECOMMENDED APPROVAL OF THE PROPOSED
RIGHT-OF-WAY VACATION WITH THE CONDITION THAT THE SUBJECT
AREA BE MAINTAINED AS A UTILITY EASEMENT.
Fayetteville, City of. General Plan 2020. 2001 Revision
K9ReMz1s\2005\PC Repons\09-12-05\VAC 05-1689 (JDM InvL$tnlents).dne
PLANNING COMMISSION ACTION: yes Required
Recommendation to be: X Approved Denied
Date: September 12, 2005 T� uM6aj Clark a"d 5- a-O
Comments:
The "CONDITIONS OF APPROVAL", as stated in this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
KdRepons1200SPC Repons\09-12-05\VAC 05-1689 (JDM Inve tments).dm