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HomeMy WebLinkAbout42-02 RESOLUTIONRESOLUTION NO. 42-02 • A RESOLUTION DENYING THE STREET NAME CHANGE FOR A 300 -FOOT SECTION OF APPLEBURY DRIVE TO TANGLEBRIAR LANE, AND TO CHANGE THE SPELLING OF TANGLEBRIAR TO TANGLEBRIAR ON THE CITY'S STREET SIGNS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby denies the requested street name change. PASSED and APPROVED this the 5lh day of March, 2002. APPROVED: By 45% • tato oodruff, City terk • NAME OF FILE: CROSS REFERENCE: Resolution No. 42-02 03/05/02 Resolution No. 42-02 02/15/02 Planning Division Correspondence 02/07/02 Planning Division Correspondence 02/11/02 Planning Commission Minutes (Pages 33-40) 03/05/02 Staff Review Form 03/07/02 Memo to Tim Conklin, City Planner, from Heather Woodruff, City Clerk NOTES: RESOLUTION NO. A RESOLUTION APPROVING THE STREET NAME CHANGE FOR A 300 FOOT SECTION OF APPLEBURY DRIVE TO TANGLEBRIAR LANE, AND TO CHANGE THE SPELLING OF TANGLEBRAIR TO TANGLEI3RIAR ON THE CITY'S STREET SIGNS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: That the City Council hereby approves the herein mentioned street name change. PASSED AND APPROVED this day of ATTEST: By: Heather Woodruff, City Clerk APPROVED: Dan Coody, Mayor , 2002. FAYETTPILLE THE crrY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE • 113 W. Mountain Si, Fayetteville. AR 72701 Telephone: (501) 575-8264 TO: Mayor Dan Coody Fayetteville City Council THRU: Hugh Earnest, Urban Development Director FROM: Tim Conklin, A.I.C.P., City Planner DATE- February 15, 2002 BACKGROUND ADM 02-5.00: Administrative Item was submitted by Karen Rose and Dennis Becker for the portion of Applebury Drive that intersects Rockwood Trail. The request is to change the name to Tanglebriar Lane. The City has received a street name change request to change approximately 300 feet of Applebury Drive to Tanglebriar Lane. The location of this segment begins where Applebury Drive intersects with Rockwood Trail and ends 300' north at the intersection of Applebury Drive and Tanglebriar Lane. The preliminary plat for this subdivision was approved on December 3, 1968 and the final plat was approved on May 9, 1969. This segment of Applebury Drive has existed with the name Applebury Drive for approximately 33 years. Furthermore, the recorded final plat for the subdivision shows Applebury as the street name for this segment. There are currently three houses and one lot that would have to change their address if the City Council approves the street name change. At this time, the City has received one letter from one of the property owners opposing the street name change. The applicant has also requested the spelling of Tanglebrair be corrected to Tanglebriar. Staff has attached correspondence received by the Planning Division regarding this matter and maps showing the location of the proposed change. CURRENT STATUS A motion was made to approve the request which failed on a vote of 2-5-1. 11 ICISERS1COAMOMDAWN71REPORTSIPC12002_repormIStreet Name Change Applebury. dac PL Cc 02 , • • FAYETTIPVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE • 113W. Mountain St. Fayetteville, AR 72701 Telephone: 479-575-8264 TO: Planning Commissioners FROM: Tim Conklin, City Planner DATE: February 7 2002 ADM 02-5.00: Administrative Item (Tanglebrair/Applebury) was submitted by Karen Rose and Dennis Becker for the portion of Applebury Drive that intersects Rockwood Trail. The request is to change the name to Tanglebriar Lane. The City has received a street name change request to change approximately 300 feet of AppleburyDrive to Tanglebrair Lane. The location of this segment begins where Applebury Drive intersects with Rockwood Trail and ends 300' north at the intersection of Applebury Drive and Tanglebrair Lane. The preliminary plat for this subdivision was approved on December 3, 1968 and the final plat was approved on May 9 1969. This segment of Applebury Drive has existed with the name Applebury Drive for approximately 33 years. Furthermore, the recorded final plat for the subdivision shows Applebury as the street name for this segment. There are currently three houses and one lot that would have to change their address if the City Council approves the street name change. At this time, the City has received one letter from one of the property owners opposing the street name change. The applicant has also requested the spelling of Tanglebrair be corrected to Tanglebriar. Staff' has attached correspondence received by the Planning Division regarding this matter and maps showing the location of the proposed change. 11:1USERSICOMMOMDAW712002CorremonclencelStrretVame Chaney Arnileburviloc Planning Commission February 11, 2002 ADM02-5 Tanglebrair/Applebury Page 6.1a r c o PERING It. Planning Commission February I I, 2002 ADM02-5 Tanglebrair/Applebury, Page 6. 17%.. Planning Commissill, February 11,2002 Page 33 ADM 02-5.00: Administrative Item (Tanglebriar/Applebury) was submitted by Karen Rose and Dennis Becker for the portion of Applebury Drive that intersects Rockwood Trail. The request is to change the name to Tanglebriar Lane. Estes: The next item on the agenda is an administrative item submitted by Karen Rose and Dennis Becker for the portion of Applebury Drive that intersects Rockwood Trail. The request is to change the name to Tanglebriar Lane. It will be necessary that I recuse on this item and Commissioner Hoffman will chair. Hoffman: Thank you. this administrative item is to again, change the name of Tanglebriar to Applebury. Since it is an administrative item I don't see any conditions of approval but I would like the staff to give us their report and then we will take public comment. Conklin: Members of the Planning Commission, this is an administrative item for a street name change. The City received the street name change request for approximately 300 feet of Applebury Drive to change that to Tanglebriar Lane. The location of the segment is where Applebury Drive intersects with Rockwood Trail. In the approximately 300 feet to the north at the intersection of Applebury Drive and Tanglebriar Lane. We are talking about a 300 foot segment of street currently named Applebury and we are changing it to Tanglebriar. There are three homes that are addressed off this street. A preliminary plat for this subdivision was approved on December 3, 1968. A final plat was approved on May 9, 1969. This segment of Applebury Drive has existed with this name for the last 33 years. The final plat that is recorded over at the county includes the name Applebury Drive partially on this segment. Therefore, 1 think that is why there is a street sign that states that because it was on the final plat that way. Currently, there are three houses addressed. I did include in your packet some letters of opposition from one of the home owners. The applicant who brought this to our attention has also requested that the spelling of Tanglebrair be corrected to correctly be spelled for the briar part instead of a -I -r to I think that is something that we can probably accomplish here at the city. Also, there is a letter that was handed out this evening by Dwayne Multchin dated February 7th. I want to make sure that you have that. I will not read that into the record. He is concerned that the current situation does cause confusion with regard to police and fire protection getting to Tanglebriar since the street name is Applebury at that intersection of Rockwood. That is all that 1 have. If you have any questions I would be happy to answer them. Once again, this item after Planning Commission will have to go to City Council for approval. It will be up to the City Council 10 make that decision. Planning Commissical February 11,2002 Page 34 • Hoffman: Thank you Tim. I will take public comment now. Is there anybody that would like to talk to us about this matter? Public Comment: Rose: Good evening, I am Karen Rose I live at 919 Tanglebriar. I am also known as Mrs. Dennis Becker. We have lived in Fayetteville since 1978 and we have seen the confusion this sign has caused because on all of the maps going back to the time that we first moved here, and there are a number of companies, for instance, Rand McNally, Accurate Mapping, L&R Mapping, Seager Map Company, maps that come out of Oklahoma, out of Texas, out of our own state. We couldn't find one that had Applebury as connecting to Rockwood Trail so when people try to find Tanglebriar, if they are using a map, old or new, they pass right past where they should be turning off and they kind of wind around the hill for a while trying to find Tanglebriar and they can't find it. When we called emergency services we found that they also have that confusion. We talked to Kathy Stocker at the Police Central Dispatch and she had Tanglebriar off of Rockwood Trail. If you use Yahoo you find that all of the computers have it that way. I started looking into the maps that the city had and I found a couple of them that had kind of an ambiguous map showing Tanglebriar, I hope you have this one, I included it in the packet to you showing Tanglebriar (this is the assessor's map) stopping right there and Applebury Drive coming up there but this was Just kind of unnamed on the Assessor's map. I saw a few others that sort of did the same thing. Checking back with my own documents I found a letter from Jim Blair and another one from the man we bought our lot from. They had Tanglebriar (one word) but when 1 looked at the street it was spelled Tanglebrair. I thought there must have been something happening at the time that they passed this through the Planning people that maybe they had a correction for the spelling. a correction for Tanglebrair going up and so that is why I decided to challenge it to see exactly how we should spell the name and what that section, that little tiny section should be called. The worst thing that happens, besides people not being able to find us, is the confusion that they have when they do look for Applebury. They are turning on Applebury, they see the street sign, they turn on Applebury but then they miss the sharp right turn going up hill. That is what Applebury does. They continue down Tanglebriar and pretty soon they have to stop because they can't find the big numbers they are looking for. They usually stop and ask somebody where the number is and if they know those people and they are around on the other side. It is confusing for people trying to find Applebury addresses as well as Tanglebriar addresses. • Planning Commission, February 1 1, 2002 Page 35 Becker: I am Dennis Becker, let me just say a couple of things. We called, as Karen said, Police Department Central Dispatch and asked what they had at that intersection. They have Tanglebriar connecting to Rockwood Trail. We called the Fire Department and asked what they had at that intersection. They have Tanglebriar connecting to Rockwood Trail. Now we have a condition where we have life threatening situation. Emergency services, police department, fire department depending on the maps that all show Tanglebriar intersecting at Applebury. Something needs to be done. We haven't found one map in use right now that shows Applebury going through. As you head up Rockwood you want to turn on Tanglebriar, good luck, you can't find it. We are putting this before you to see if we can solve it in someway. Hoffman: Thank you very much. Is there anyone else that would like to address this? Graves: My name is James Graves. I live at 825 Applebury. I am on that little 300 foot section of Applebury. I have written a letter as well. I think they have probably included it in your packet. I am not going to try to stand here, it would be ridiculous for me to suggest not to straighten out an issue with the City's master 911 map. If the maps are wrong then it seems that the maps ought to be what is corrected. As Mr. Conklin pointed out, the street has been named the way it is named now for approximately 1 would say 30 years or more. If there is confusion, I don't think it would be necessarily if the signage was done properly and the maps were done properly any more confusing than any other street that doesn't intersect with a main road If you change the 300 foot section of Applebury then Applebury no longer intersects with a main street, it would be intersecting with Tanglebriar. As far as correcting whatever situation there might be there, it could easily be solved by maybe putting a sign where Applebury ends and Tanglebriar starts and correcting whatever issue there is with the city's master 911 map. I know that map could be corrected and fire and emergency services would all have the right information. There are only three houses on that section. One of them is not occupied right now. The owner moved out of the country and so it is for sale. There are only two houses that are actually occupied on that section. What you are putting those four residents in the position of having to do is change every mortgage, every deed, every trust record, every insurance record, everything where that piece of property is listed as an asset, as an insurable piece of property, as a collateral for a loan or what have you, you are going to have to change every single place where that piece of property is listed. It seems to me like the less burdensome thing to do would be to change the signage so it makes more sense there and to correct the 911 maps rather than putting this burden on the people who live there and on a street that has been named the way it is named for Planning Commissio. February 11, 2002 Page 36 • thirty some odd years. I don't have any issue with the Becker's concern. I think if there was a 911 emergency and there was a mistake there it would be a terrible thing. I just think is there a compelling reason to grant the petition in the form it is in right now? I don't think so. You've got all kinds of streets like this and that is just a part of living in the city. You've got for example, College Avenue which turns into Archibald Yell which turns into School Street without any kind of sign other than way over on the side and you can't see it unless you are looking for it. You've got, even on the street that our hospital is on, it is North Street, then you cross Garland and it is Wedington. There is no warning for that. It is just the way that things work out and that is the way that this strange little street is. I wouldn't want to have to go through the time and expense, and maybe I'm being selfish, but I don't want to have to do all that if there is another less burdensome way to do it so I would ask that the petition be denied. I loffman: Ok, thank you. I am about to close the floor to comment and generally we don't have a discourse between people but if you have one more thing to say then come on up. Rose: Mr. Graves said there were four families involved, we have talked to the Slucericks, They live on the comer of Applebury and Applebury which really would be called Tanglebriar if thcy kept their Applebury address I was told by Jim Johnson they could do that. That brings you down to three people affected. One is a vacant lot owned by Ellen Gilcrest and I have a letter from her saying she doesn't care one way or the other. It is a vacant lot and she doesn't want to be a part of the argument. She really doesn't care. That leaves two people, it leaves Mr. Graves and it leaves property that is owned by Procter 8c Gamble. As a corporation they are evidently going to try to sale that piece of property. That is really not a burden to someone that will eventually have to change a lot of records. It will be done hopefully before they move in or buy the property, I just wanted to make that comment. Hoffman: Is there anybody else? Seeing nobody else, I will close the public discussion and bring it back to the Planning Commission for comments. Ward: For twenty-five years I have noticed that the street has been misnamed or should've been Tanglebriar. Being in real estate I was always confused of why it was named Applebury turning in there. I personally think it needs to be changed. I don't know if it takes an administrative item from us to change it. Williams: I think you just need to make a recommendation to the City Council because my understanding is that only the City Council can actually change a city street's name.\ Planning Commissioll. February 11,2002 Page 37 Motion: • Ward: That is right. I am going to go ahead and move that we approve this ADM 02-5.00, send it to the City Council and let them look at it. It really does need to be named Tanglebriar Lane. Hoffman: I have a motion by Commissioner Ward, do I have a second? I guess if nobody is going to second it then I will throw in some thoughts here. 1100 had wondered if the map companies had been contacted. Has anyone tried to call Rand McNally or anybody to see what the procedure is to changing a map. Also, if we could talk to Perry Franklin, our Street Superintendent about making the signage more clear. We also have the situation where you are going down Milsap and it changes to Futrall in the middle of the street. We have a sign that says look out, you are getting ready to go on Milsap or whatever. Would that be possible to do that in this case? Conklin: I have talked to Perry Franklin. Regardless of whether this is approved or not approved, he has agreed to clarify the signage in the area and to make sure that people realize when it does change. With regard to map companies, most maps the street names are probably generated from our maps at City Hall. Just like the census I worked on, most names and everything are done here at the city. I think that part of the problem is that it is such a short segment that trying to fit a street name in, I didn't include those in your packets, but when you are trying to write a street name on that short segment and you have got Tanglebriar, it is always difficult to list every street name, especially on a 300' street at 1:2,000 foot map or something even smaller than that. I think that is part of the problem. Regardless, either way if it is changed, we can change our maps fairly easily and then we update the census maps and that information gets to the census and people pull off the census tiger maps to make their maps, it will get updated over time. Hoffman: In essence, we could at this time, without any action go ahead and install more clear signage that would address the concerns of the people that are getting lost and the 911 calls, not have to change all your mortgages, and update the GIS map so when the next editions of the new maps appear then that would be Applebury off Rockwood. Conklin: Yes. I think part of the problem though, just looking at some of those maps and I'm not the expert here on how they make their maps at Rand McNally but when you get to that level of scale and you are trying to include so much, you type Tanglebriar in and it includes the entire block of Tanglebriar just to get it on that map and it spills over to that area. That is part of the problem. Yes, we could make sure that our maps are correct. 1 am not sure that that is part of the problem is that our street names are Planning Commissioll. February 11,2002 Page 38 Marr: • incorrect. I think it is more of a labeling issue. The map that I made I had to physically insert that in there and make it fit. If the motion is still out there I am going to second it I actually drove up there today to take a look at this. 1 left agenda session on Thursday feeling that I wouldn't support this for some of the reasons that Mr. Graves actually talked about. After going out there today I do think that Tanglebriar seems to be the straight route and when you turn on it you never would know that you were off Tanglebriar if you keep straight which is the way some roads go. I also tried to make some phone calls of people I know that live in the area, Just to see if it is one household verses one household issue or is it something that is common in terms of delivery and so forth. 1 think it is a common problem of people being lost in deliveries and we've seen some of those examples. The thing I struggled with on this is that when does it stop because when I continued on and actually went down the true Applebury and got to the stop sign it appeared to me that the road was Columbus I think it is. According to all of this material we've received, Columbus is only to the left and Applebury continues to the right which I think is another whole issue so where do you stop? 1 look at this and there is one vacant lot, there is one vacant house that is unoccupied today. We have two other residence. I think that the road appears to be more of Tanglebriar. We are not going to solve every issue but I think this is one that we can so I am going to second the motion. Hoffman: Ok, thanks. I have a motion by Commissioner Ward and a second by Commissioner Marr, is there any other discussion? Bunch: I will not be supporting this. I was driving around looking for this location and Rockwood Trail was closed off this afternoon with some emergency vehicles. I went up Assembly Drive trying to get there and I turned to go along Sequoyah and low and behold there were some signs that had arrows on them that said this street goes this way and this street goes this way which it was a very confusing intersection. Also, later when 1 was driving around looking at some of the other issues we had today I went through some other neighborhoods where streets changed names as you were going down the street. Low and behold there was a sign that says this street ends right here. 1 looked over my shoulder and there was another sign that says this street begins right here. It seems like there is a fairly simple resolution. There definitely is a problem but it could be done with adequate signage and with some corrections on the map and it would be much less expense to all involved to make the correction in that manner. 1 can not support this. I would recommend that we not pass this motion and that we come back with another motion to recommend to the Planning Commission/ February 11,2002 Page 39 Allen: City Council that we do it by signage and correct the spelling on the map. We could do it with map corrections and signage. I agree with Commissioner Bunch. I will not be voting for this motion. I think it could be handled through correcting the maps. I think it needs to be done but now that we see that that is going to happen I will not vote for the motion. Hoffman: Tim, I'm not used to these administrative items. Does it take five affirmative votes or just the simple majority? Conklin: The simple majority on this one. Hoffman: We have seven people here so it would take a vote of four? Conklin: Regardless of the recommendation if it passes or it fails, I'm going to send it to the City Council for their decision. Hoffman: Ok, I was going to say that I didn't think we needed to have two votes on it and we would just state our preferences and if it is voted up or down they will have the minutes. Bunch: I do have one question. There is a street light at this intersection as you are approaching the intersection from Rockwood there is a street light on the left, as you are coming from Rockwood, north at this intersection there is a street light on the left and on the right of course, is a normal street sign. Is that street light a private light or is that public property? Does anybody know? Conklin: I was up there today. I don't recall seeing it, is it on a telephone pole? Bunch: It is not like the normal ones. Groves: It is in our yard and as far as I know it is a public right-of-way. It is just a regular tall street light. Bunch: That would be a very good location to put signage if it is public property both there and on the existing street sign. Hoffman: Thank you. Is there anyone else before I call the roll? Marr: I would like to ask Commissioner Ward so that in his motion, whether it passes or fails and goes to City Council that Tanglebriar be spelled correctly as a part of that motion. Planning Commission/ February 11,2002 Page 40 Ward: I concur. Hoffman: Thanks. Renee, would you call the roll please? Roll Call: Upon the completion of roll call the motion to approve ADM 02-5.00 failed by a vote of 5-2-1, with Commissioners Bunch and Marr voting in favor. Commissioner Estes recused. Hoffman: This motion fails on a vote of' five to two to one extension. Bunch: Since this motion did fail do we need to make a recommendation or does it speak for itself'? Hoffman: It is my understanding that if it is going to the City Council.. Williams: I think it speaks for itself just like if you didn't recommend for a rezoning. Hoffman: The options are also in the letters in our packets and the minutes will be available to the Council members so we will be able to pass the word on that way. Thanks. Estes: Thank you Commissioner Hoffman for chairing that item. STAFF REVIEW FORM AGENDA REQUEST CONTRACT REVIEW GRANT REVIEW For the Fayetteville City Council meeting of March 5, 2002. FROM: Tim Conklin Name Planning Urban Development Division Department ACTION REQUIRED: To approve a resolution to change the name of 300 feet of Applebury— Drive to Tanglebriar Lane. COST TO CITY: Cost of this Request Account Number Project Number Category/Project Budget Category/Project Name Funds Used To Date Program Name Remaining Balance Fund BUDGET REVIEW: Budgeted Item Budget Adjustment Attached Budget Manager Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: GRANTING AGENCY: Accounting Manager Date Internal Auditor Date 2 211 0 L. - City Attorney Date ADA Coordinator Date Purchasing Officer Date STAFF RECOMMENDATION: The Planning Commission voted to recommend denial of the re...3112.§s„cm_Sebru y II, 2002. Division -ad Date nt Director 9'4/-o Date Adzni.zrtstrative Services Director Mayor day" - Cross Reference New Item: Yes Prey Ord/Res II: Orig Contract Date: Orig Contract Number: FAYETTEVILLE THE CITY Of FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE • To: Tim Conklin, City Planner From: Heather Woodruff, City Clerk Date: March 7, 2002 Please find attached a copy of Resolution No. 42-02 denying the street name change for a 300 - foot section of Applebury Drive to Tanglebriar Lane, and to change the spelling of Tanglebriar to Tanglebriar on the City's street signs. The original will be microfilmed and filed with the City Clerk cc. Nancy Smith, Internal Auditor 010 03 Update Document Reference RES Date 3052002 City of Fayetteville Index Maintenance Itelr Action Ref. Taken Brief Description 42-02 • DENYING STREET NAME CHANGE 3/12/2002 8:48:31 Enter Keywords • RES. 42-02 DENYING STREET NAME CHANGE APPLEBRY DRIVE TANGLEBRIAR LANE File Reference # • MICROFILM Security Class • Retention Type: Expiration Date • **** Active **** Date for Cont/Referred: Name Referred to • Cmdl-Return Cmd8-Retention Cmd4-Delete Cmd3-End Press 'ENTER' to Continue Cmd5-Abstract Yes No (c) 1986-1992 Munimetrix Systems Corp.