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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 Vs 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. Alk 0 WF 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 0 0 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 0 0 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