10.E.
City Council Meeting - FINAL
- Meeting Date:
- 03/03/2015
- From:
- David McIntire, Asst to CM for RE/Acting Com. Inv. Mgr.
Information
TITLE:
Consideration and Adoption of Resolution No. 2015-05: A resolution abandoning the Emergency Access Easement on Lot A of the Final Plat of the Marketplace/Flagstaff Auto Park and authorizing the Mayor to execute any necessary documents.
RECOMMENDED ACTION:
1) Read Resolution No. 2015-05 by title only.
2) City Clerk reads Resolution No. 2015-05 by title only (if approved above)
3) Adopt Resolution No. 2015-05.
2) City Clerk reads Resolution No. 2015-05 by title only (if approved above)
3) Adopt Resolution No. 2015-05.
Executive Summary:
Plateau Engineering submitted a request for the abandonment of a fifty foot (50’) Emergency Access Easement across parcel 113-82-051B on behalf of the owner. The easement appears on the Final Plat of the Marketplace/Flagstaff Auto Park which is recorded in the Coconino County Records as document 3430462.
The easement crosses Tract A of the plat connecting Railhead Avenue with Marketplace Drive. It was originally required to provide a fire station located on Railhead Avenue with access to Marketplace Drive in order to ensure appropriate response times during the development of the area. Staff historical research has indicated that the easement was originally intended to be temporary, however the language on the plat does not provide for automatic abandonment and there has been no legal documentation of that fact. The fire station has since been sold and is no longer in public service. According to the Flagstaff Fire Department there is no further need for the easement and they are supportive of its abandonment through the required process. The easement is currently improved and is being used by private parties as a through road which is not generally an allowed use for an Emergency Access Easement.
There were numerous discussions internally regarding potential of continued benefit from the easement. Letters were sent to all owners within 300’ of the easement and there were there signs posted announcing this meeting as well as an advertisement placed in the Arizona Daily Sun. There has been no response received from the public and no concerns expressed from staff. A presentation of the item was made to the Planning and Zoning Commission and they unanimously supported the proposed abandonment. (Resolution and supporting documents to be attached with the Final Agenda packet).
The easement crosses Tract A of the plat connecting Railhead Avenue with Marketplace Drive. It was originally required to provide a fire station located on Railhead Avenue with access to Marketplace Drive in order to ensure appropriate response times during the development of the area. Staff historical research has indicated that the easement was originally intended to be temporary, however the language on the plat does not provide for automatic abandonment and there has been no legal documentation of that fact. The fire station has since been sold and is no longer in public service. According to the Flagstaff Fire Department there is no further need for the easement and they are supportive of its abandonment through the required process. The easement is currently improved and is being used by private parties as a through road which is not generally an allowed use for an Emergency Access Easement.
There were numerous discussions internally regarding potential of continued benefit from the easement. Letters were sent to all owners within 300’ of the easement and there were there signs posted announcing this meeting as well as an advertisement placed in the Arizona Daily Sun. There has been no response received from the public and no concerns expressed from staff. A presentation of the item was made to the Planning and Zoning Commission and they unanimously supported the proposed abandonment. (Resolution and supporting documents to be attached with the Final Agenda packet).
Financial Impact:
As the easement was intended to be temporary in nature and currently provides no financial value for the City of Flagstaff there are no significant financial impacts to the abandonment.
Connection to Council Goal and/or Regional Plan:
COUNCIL GOALS:
9) Foster relationships and maintain economic development commitment to partners
REGIONAL PLAN:
Goal ED 8 Promote the continued physical and economic viability of the region's commercial districts by focusing investment on existing and new activity centers.
Has There Been Previous Council Decision on This:
There has been no previous City Council decision on this item, but the Planning and Zoning Commission has voted to recommend approval.
Options and Alternatives:
1) Approve the abandonment of the Emergency Access Easement. Pros: Removes an easement currently not performing its intended purpose and of no use to the City and allows for better design and use of the parcel it crosses. Cons: Removes the rights the City has to use the easement should there ever be a need identified in the future.
2) Reject the abandonment as presented and offer to abandon it with conditions identified by Council. Pros: May accomplish the same function with more favorable terms. Cons: Would delay the abandonment and slow development of the parcel and any benefit in jobs and/or sales tax.
3) Reject the abandonment. Pros: Maintains City control of the easement in case there is any future need identified. Cons: It is not anticipated there will be any future need for the easement and the current situation limits the development of the parcel and reduces its ability to contribute economically.
2) Reject the abandonment as presented and offer to abandon it with conditions identified by Council. Pros: May accomplish the same function with more favorable terms. Cons: Would delay the abandonment and slow development of the parcel and any benefit in jobs and/or sales tax.
3) Reject the abandonment. Pros: Maintains City control of the easement in case there is any future need identified. Cons: It is not anticipated there will be any future need for the easement and the current situation limits the development of the parcel and reduces its ability to contribute economically.
Key Considerations:
1) The easement is shown on the plat as an Emergency Access Easement. and was intended to be temporary and serve the fire station located on Railhead Avenue.
2) The Fire Station has been sold and is now owned by a private entity. The easement is no longer used by emergency vehicles, but is frequently used by private traffic which is not technically allowed.
3) The easement limits the development potential of the parcel without providing the City or the public a significant benefit.
4) The Planning and Zoning Commission support s the abandonment.
5) Abandonments are vetted internally to ensure the loss of control and rights will not present a problem in the future.
2) The Fire Station has been sold and is now owned by a private entity. The easement is no longer used by emergency vehicles, but is frequently used by private traffic which is not technically allowed.
3) The easement limits the development potential of the parcel without providing the City or the public a significant benefit.
4) The Planning and Zoning Commission support s the abandonment.
5) Abandonments are vetted internally to ensure the loss of control and rights will not present a problem in the future.
Community Involvement:
Inform
Consult
Involve
Collaborate
Consult
Involve
Collaborate