Title
Conduct a Public Hearing to Consider/Discuss/Act on the Request by January Consultants, Inc., on Behalf of The Samaritan Inn, Inc., for Approval of an Alley Abandonment for the Action Addition and Millie Muse Addition, Approximately 0.63 Acres, Located Approximately 195 Feet West of Tennessee Street and on the North Side of University Drive (U.S. Highway 380), and Accompanying Ordinance.
Summary
MEETING DATE: May 1, 2012
DEPARTMENT: Development Services - Planning
CONTACT: Jennifer Cox, AICP, Director of Planning
Brandon Opiela, Senior Planner
Anthony Satarino, Planner
RECOMMENDED CITY COUNCIL ACTION:
· Staff recommends approval of the proposed alley abandonment / right-of-way vacation with the following special ordinance provision:
1. The City reserves an exclusive, perpetual mutual access, drainage and utility easement within "Tract 1" of the abandoned alley, more fully depicted in Exhibit C.
2. The City reserves an exclusive, perpetual drainage and utility easement within "Tract 2" of the abandoned alley, more fully depicted in Exhibit C.
ITEM SUMMARY:
· The applicant is proposing the abandonment of an approximately 25' wide alley (extending approximately 1103.25 feet) located approximately 195 feet west of Tennessee Street and on the north side of University Drive (U.S. Highway 380).
· At present, the entire portion of this alley proposed to be abandoned is unimproved (a portion of the right-of-way has been paved between two of the lots).
· The applicant, per the letter of intent, has indicated that they would like to abandon the alley to better maintain and control the access across their site.
· The applicant has proposed easements, should the abandonment be approved, that will provide the City access to underground utilities (Tract 1 and Tract 2) and maintain access to properties without street frontage (Tract 1).
· The properties adjacent to the proposed alley abandonment and right-of-way vacation are currently owned by The Samaritan Inn Thrift Store Inc., JPMCC 2006 LDP7 Church Street L.L.C, Don Motsenbocker, Daryl Motsenbocker, and Bipinchandra and Jayaben Patel. All adjacent property owners have signed the Alley/Street Closing Petition.
BACKGROUND INFORMATION:
· See attached Staff Report.
SPECIAL CONSIDERATIONS
· See attached Staff Report.
FINANCIAL SUMMARY:
· N/A
BOARD OR COMMISSION RECOMMENDATION:
· Right-of-way vacation requests are not required by ordinance to be considered by the Planning and Zoning Commission prior to action by the City Council, thus no Commission recommendation has been made.