HomeMy WebLinkAboutOrdinance 5127 ORDINANCE NO. 5127
AN ORDINANCE TO AMEND § 157.05 VACATIONS OF
STREETS, ALLEYS, RIGHTS-OF-WAY AND EASEMENTS
AND § 171 .05 PROCEDURE FOR CLOSING UTILITY
EASEMENTS AND STREET RIGHTS-OF-WAY
WHEREAS, A.C.A. § 14-54-104 gives the City Council the power to vacate public
grounds not required for corporate purposes; and
WHEREAS, vacations of streets, alleys, rights-of-way and easements should normally
be considered by the City Council only after receiving a recommendation of the Planning
Commission and after a public notice as currently required by the Unified Development Code;
and
WHEREAS, a rare situation might occur when the City Council would need to vacate an
easement or unbuilt road or alley so promptly that consideration by the Planning Commission
and publication of notice would not be feasible.
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 amends
§ 157.05 Vacations of Streets, Alleys, Rights-of-Way and Easements by enacting a new
subsection (C) as follows:
"(C) Exception.
No recommendation from the Planning Commission nor
publication before the City Council's public hearing shall be
required if the City Council finds the following by a vote of at least
two-thirds of its members and the Mayor:
( 1 ) The street, alley, or right-of-way to be vacated has not
been constructed or has not been used by the public for at
least five years or the easement does not contain any
utilities within the area to be vacated; and
Page 2
Ord. 5127
(2) Special circumstances exist which require prompt
consideration of the vacation request and justify the bypass
of the Planning Commission and special publication of the
notice for the public hearing."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 171 .05 Procedure For Closing Utility Easements and Street Rights-of-Way by enacting a
new subsection (E) as follows:
"(E) Exception.
The vacation request need not be presented to the Planning
Commission before being submitted to the City Council if the City
Council finds the following by a vote of at least two-thirds of its
membership and the Mayor:
(1 ) The street, alley, or right-of-way to be vacated has not
been constructed or has not been used by the public for at
least five years or the easement does not contain any
utilities within the area to be vacated; and
(2) Special circumstances exist which require prompt
consideration of the vacation request and justify the bypass
of the Planning Commission."
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PASSED and APPROVED this I" day of April, 2008. ��G•.G\j Y of •G�
oFAYETTEVILLEO
APPROVED: ATTEST: =.,9s •gRkANSP�:J2�:'
.,,ry%NG ajj s see
By: By: .;rd,
DAN tOODY, Mayor S DRA E. SMITH, City Clerk/Treasurer
ORS
ALDERMAN AGENDA REQUEST FORM Z/ I l68
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Jcbd oaf Se �� 4 elf
_ i os
FOR: COUNCIL MEETING OF APRIL 1, 2008
FROM: ALDERMAN BOBBY FERRELL
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
An Ordinance To Amend §157.05 Vacations Of Streets, Alleys, Rights-Of-Way And
Easements And §171 .05 Procedure For Closing Utility Easements And Street Rights-Of-Way
APPROVED FOR AGENDA:
64 - 3 //40?
Bobby Ferrel Date
Alderman
1
'3 - ll - OT
it Williams Date
City Attorney (as to form)
FAYET I'EYILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
KIT WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTNtEN"I'
TO: Alderman Bobby Ferrell
FROM : Kit Williams, City Attorney
DATE : March 11 , 2008
RE : Code Amendment to permit vacation request to go directly to City Council
I found two code sections in the Unified Development Code that would need
to be amended so that the normal procedure for vacation requests could be
shortened and be referred directly to the City Council . Attached is a proposed
ordinance would amend both of these sections .
I required a two-thirds majority to bypass the Planning Commission for two
reasons:
( 1 ) assure the City Council that this would be applied only in rare and
necessary occasions; and
(2) the ordinance will need a two-thirds vote to Suspend the Rules and
allow for passage in one meeting. If an applicant cannot get six votes for
the exception, the applicant probably cannot get six votes to Suspend the
Rules.
If this looks like what you want, please let me know , and I will run it past
Jeremy for his input and to ensure I have not missed another code section that
would need amendment.
ORDINANCE NO.
AN ORDINANCE TO AMEND § 157.05 VACATIONS OF STREETS,
ALLEYS, RIGHTS-OF-WAY AND EASEMENTS AND § 171 .05
PROCEDURE FOR CLOSING UTILITY EASEMENTS AND STREET
RIGHTS-OF-WAY
WHEREAS, A.C.A. § 14-54- 104 gives the City Council the power to vacate public
grounds not required for corporate purposes; and
WHEREAS, vacations of streets, alleys, rights-of-way and easements should normally
be considered by the City Council only after receiving a recommendation of the Planning
Commission and after a public notice as currently required by the Unified Development Code;
and
WHEREAS, a rare situation might occur when the City Council would need to vacate an
easement or unbuilt road or alley so promptly that consideration by the Planning Commission
and publication of notice would not be feasible.
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 amends
§ 157.05 Vacations of Streets, Alleys, Rights-of-Way and Easements by enacting a new
subsection (C) as follows:
"(C) Exception
" No recommendation from the Planning Commission nor publication
before the City Council's public hearing shall be required if the City
Council finds the following by a vote of at least two-thirds of its
members and the Mayor:
"( 1 ) The street, alley, or right-of-way to be vacated has not
been constructed or has not been used by the public for at
least five years or the easement does not contain any utilities
within the area to be vacated; and
"(2) Special circumstances exist which require prompt
consideration of the vacation request and justify the
bypass of the Planning Commission and special
publication of the notice for the public hearing.
Section 2 : That the City Council of the City of Fayetteville, Arkansas hereby amends
§ 171 .05 Procedure For Closing Utility Easements and Street Rights-of-Way by enacting a
new subsection (E) as follows:
"(E) Exception
"The vacation request need not be presented to the Planning Commission
before being submitted to the City Council if the City Council finds the
following by a vote of at least two-thirds of its membership and the Mayor:
"( 1 ) The street, alley, or right-of-way to be vacated has not
been constructed or has not been used by the public for at
least five years or the easement does not contain any utilities
within the area to be vacated: and
"(2) Special circumstances exist which require prompt
consideration of the vacation request and justify the
bypass of the Planning Commission.
PASSED and APPROVED this I " day of April, 2008.
APPROVED : ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH , City Clerk/Treasurer
Fayetteville Code of Ordinances
(c) Method of notice. Method of notice shall 157.05 Vacations of Streets, Alleys,
be certified mail, return receipt Rights-of-Way, and Easements
requested, to the property owner's last
known address.
(A) Public hearing required. The City Council shall
(5) Facilities emitting odors and facilities hold a public hearing, after receiving a
handling explosives. recommendation by the Planning Commission,
on applications requesting vacation of streets,
(a) Who gets notice. All owners of property alleys, rights-of-way, and easements.
within 500 feet of boundary line of the
property intended to contain the use. (B) Notice of public hearing. Notice of public hearing
shall be published, by the City Clerk, in a
(b) When. At least 10 days prior to the newspaper of general circulation in the city prior
public hearing. to the public hearing.
(c) Methods of notice. (Code 1965, § 18-15; Ord. No. 1685, 7.7-69; Ord. No. 1898,
1-16-73; Code 1991, §98.13; Ord. No. 3925, §1 , 10-3-95;
(i) Mail. Certified mail, return receipt Ord. No. 4100, §2 (Ex. A), 6-16.98)
requested, to the property owner's Cross referenee(s).Streets and Sidewalks, Ch. 171 .
last known address.
157.06 Appeals of Staff Decisions/
(ii) Publish. Publication in a newspaper Interpretations- Board of Adjustment
of general circulation within the city.
(A) Public hearing required. The Board of
(6) tireless communications facilities. Adjustments shall hold a public hearing on
(a) Who gets notice. Applicants requesting appeals of staff decisionsfinterpretations
concerning Zoning, Chapters 160 through 165.
permits for new towers shall notify
property owners within 500 feet radius (B) Notice of public hearing.
from the center of the tower; applicants
requesting permits for co-location shall (1 ) Zoning regulations. The Board of
not require notification. Adjustment shall give the following notice of
(b) Method o/ notice. Notification shall be appeals of zoning regulations.
certified mail for adjoining property (a) Who gets notice. Due notice to the
owners, including across streets and parties in interest.
regular mall for the remaining property
owners within the notification area. (b) When. Seven (7) day's public notice.
(C) Proof of notice. Prior to the public hearing, the (2) Airport zone. The Board of Adjustment shall
following, if required, shall be filed with the publish in a local newspaper of general
Planning Division. circulation in the city at least 15 days prior to
(1 ) Receipts. Return receipts. the public hearing.
(2) Plan. Site plan drawings. (C) Sign. A sign 18 inches high and 24 inches wide
shall be placed upon property seven (7) days
(3) Proof of publication. Proof of publication. before the date of the public hearing.
(4) Notices. Signed notices. (D) City Council. The City Council shall also give
notice of such hearing to interested persons and
(Code 1965, App. A., Art. 7(10), (20); Ord. No. 1747, 6-29- organizations as it deems feasible and practical.
70; Ord. No. 1880, 8-15-72; Ord. No. 2486, 11-21-78; Ord. (Code 1965, App. A., Art. 10(2); Ord. No. 1747, 629-70;
No. 2605, 2-19-80; Code 1991 , §§160.085, 160.090, Ord. No, 2538, 7-3-79; Code 1991, §§160.172, 162.03; Ord.
160.095, 160.096; Ord. No. 3716, §3, 6-15.93; Ord. No. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93; Ord. No.
3780, §1 , 4-19-94; Ord. No. 4100, § 2 (Ex. A), 6-16-98; Ord.
No. 4178, 8-31-99) 3925, §7, 10-3-95; Ord. No. 3901 , §1 , 7-5-95: Ord. No. 3963,
P. 4-16-96; Ord. No. 4100, §2 (Ex. A.), 6-16.98.
Cross reference(s)--Appeals, Ch. 155.
`i
CD157:6
Fayetteville Code of Ordinances
_ (Code 1965, §18-14; Ord. No. 2267, 8-17-76; Code 1991 ,
§98.12; Ord. No. 4100, §2 (Ex. A), 6-16-98)
Ordinary Hill
Approach 25 mph 20 mph 171 .05 Procedure For Closing Utility
Sight distance 90 feet 70 feel Easements And Street Rights-Of-Way
Grades within 100 N. Flat 4% The procedure for closing of streets and alleys shall
Minimum an le 75° 75° hereafter be as follows:
(A) Information to City Clerk. Petitioners shall
Minimum Curb Radius present to the City Clerk in duplicate the following
Minor streets 30 feet 30 feel information before processing shall begin:
Collector streets 50 feet 50 feel
(1 ) Petition/plat. Petition to close and vacate
street or alley, including a certified or
Minimum Jog photostatic copy of the plat on record in the
Minor streets 150 feet 150 feet Circuit Clerk's Office.
ColleUor streets 200 feet 200 feet
(2) Abstractor's certificate. Abstractor's
(Code 1965. App. C., Art. IV, §E; Ord. No. 2196, 2-17-76: certificate of ownership.
Code 1991 , §159.50; Ord. No. 4100, §2 (Ex. A), 6.16-98)
(3) Utilities comments. Comments from owners
171 .03 Street Improvements or agents, of all utility companies concerning
streets or alleys to be closed and its
(A) When commercial, industrial, residential or multi- relationship to existing or planned utilities,
family development takes place along any street with recommendations, as to what action
which is not constructed according to the citys should be taken.
existing standards, the developer shall:
(B) Information to Zoning and Development
(1 ) Dedicate sufficient right-of-way to bring the Administrator/Planning Commission. One copy
street into conformance with the right-of-way of the above shall be presented by the City Clerk
requirements of the city's Master Street Plan, to the Zoning and Development Administrator
provided, the City Council may vary the right- who shall submit same for review and
of-way dedication requirement imposed recommendation of the Planning Commission.
hereby in the event of undue hardship;
(C) Recommendation to City Council. The
(2) Install street paving, curbs, gutters, and recommendation of the Planning Commission
sidewalks necessary to bring the street into shall be forwarded to the City Council.
conformity with all existing city standards.
The developer shall be required to bear that (D) Record with Circuit Clerk. If an ordinance is
portion of the costs of said improvements adopted closing or vacating the street or alley, it
which bears a rational nexus to the needs shall be published and reported in the Circuit
created by the development. Clerk's office.
(B) The requirements of this section shall not apply (Code 1965, §18-15; Ord. No. 1685, 7-7-69; Ord. No. 1898,
where the development will not increase the 1-16-73; Code 1991 , §98.13; Ord. No. 3925, §t , 70-3-95;
amount of vehicular traffic on the abutting street. Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)--Nofificalions and Public Hearings,
(Code 7965, App. C., Art. IV, 91, Ord. No. Ord. 8-2-83; Ord. Ch. 157, Fees, Ch. 159.
No. 3302, 10-20-87; Code 1991 , §159.55; Ord. No. 4100, §2
(Ex. A), 6-16.98) 171 .06 Occupation Of Streets And
171 .04 Crosswalks To Be Accessible To Highways By Public Utilities
Physically Disabled Any public utility, as defined by state law, which
At all pedestrian crosswalks on collector and arterial occupies the streets, highways or other public places
streets, in commercial zones, and on those streets of the city under a franchise granted by the city or the
financed by federal funds throughout the city, state shall occupy said streets, highways or other
adequate and reasonable access for the safe and , public places subject to the following terms and
convenient movement of physically handicapped conditions:
persons, including those in wheelchairs, across curbs (A) Written approval. A public utility shall not erect or
constructed or replaced on or after the effective date place any facility more than seven (7) feet inside
of this section shall be provided.
the right-of-way line for any street without the
CD171 :4
4.3.08 Clarice Pearman - C rds. 5124 thru 5127 Page 1
From: Clarice Pearman
To: ]urgens, David
Date: 4.3.08 10:41 AM
Subject: Ords. 5124 thru 5127
Attachments: 5123 Amend 51.136 Mo Water Rates.pdf; 5125 Amend 51.139 Reviews & Notificat
ion.pdf; 5124 Amend 51.138 Definitions.pdf; 5126 Amend 51.144 Water Tank Ra
tes.pdf; 5127 Amend 157.05 and 171.05.pdf
CC: Audit
David:
Attached are copies of the above ordinances amending Chapter 51. Please let me know if there is anything else needed for
these Items. Have a good day.
Thanks.
Clarice
RECENIED
..ter {.�,�� APR 112008
EVILLE
AA =sas Detnocra (5aze .0 CITY OF FAYETTFFICE
CITY CLERKS OFFICE
Northwest Arkansas Times
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE : 479-571 -6421
AFFIDAVIT OF PUBLICATION
I , Cathy Wiles, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication , the advertisement of: City of
Fayetteville- Ordinance 5127
April 7, 2008
Publication Charge : $ 100 . 23
Subscribed and sworn to before me
This $ day of 2008.
/� QQ � [Notwy
NDRA D. BUSH
Notary Public . W 1 Llt� a� Public - ArkansasCounty or Washington' Ttsscn Fxn. 01/082011
My Commission Expires: c � gt a() Lk
Do not pay from Affidavit, an invoice will be sent
r.
RECEIVED
APR 112008
CITY
CITY CLERK'S OFFICE
ORDINANCE NO. $127
AN ORDINANCE TO AMEND §157.05 VACATIONS
EA STREETS, ALLEYS, FII05 PROLE WAY AND Yerle
EASEMENTS AND §ASEM PROCEDURE FORCLOSING UTILITY EASEMEMS AND STREET
flIGHiS,OF-WAY
WHEREAS, A.C.A. § 1454-104 gives the Clly
Council the power to vacate public grounds not
' required for corporate purposes; and
WNERFAS, vacations of streets, alleys, rigMsof-way and easements should normalty be coned-
wed by the City Council onty after receiving a recommendation of the Planning Commission and
after a public notice as currently required by the Unified Development Code; and
WHEREAS, a rare situation might occur when the City Cowell would need to vacate an easement
a unbuilt road or ellsy so promptly that consideration by the Flaming CormYsslon and publication
a notice would not be feasible.
1
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 amends §157.05
VaCallals of Streets. Alleys, Rightsof-Way and Easements by enacting a new subsection (C) as fol-
lows:
'(C) Exception.
No recommendation from the Planning Commission nor publication before the City Council's public
hearing shag be required ff the City Council finds the following by a vote of at least two-thirds of its I
memhem ane irk Mayor: - j
(1) The street, alley, or rightof-way to be vacated has not been constructed or has net been used
by the ppbl c: for et least five years or the easement does not contain any utilities Within the area to
be vacated; and
(2) Special circumstances exist which require prompt consideration of the vacation request and jus-
tity the bypass of Me Planning Denniston and special publication of the notice for the public hear-
ing.'
Section 2: That the Cry Council of the City of Fayetteville, Arkansas hereby amends §171.05 v
Procedure For Closing Utility Easements and Street Rightsof-Way by ¢netting a new subsection (E) "
as fogows:
'(E) Exception. '
The vacation request need not be presented to Me Planning Commission before being submitted to f
the City Council N the City Council finds the following by a vote of at least iwothirds of Its member- i
ship and the Mayor: `
(1) The street, alley, a rightof-way to be vacated has not been constructed or hes not been used
by the pudic for a1 least five years a the easement does not contain any utilities within the area to I
be vacated; and
(2) Special circumstances exist which require prompt consideration of the vacation request and jus- `
tify the bypass a the Planning Commission.* S
PASSED and APPROVED this 1st day of Aprg, 2006.
APPROVED: ATTEST:
By: By:
DAN GOODY, Mayoe SONDRA E. SMITH% CRY gnk/Rwuwe
�^ 1
