Consider Request to Vacate Drainage and Utility Easement at 15730 Armstrong Boulevard 

The City received an application from Eduard Kopaygorodskiy (the "Applicant") to vacate an existing drainage and utility easement (the "Easement") that bisects the property at 15730 Armstrong Boulevard NW (the "Subject Property").  The Applicant had proposed to dedicate right-of-way for a cul-de-sac bulb that would improve upon the existing size of the Eland Street cul-de-sac, which currently fits entirely within the sixty-six (66) foot wide right-of-way.  However, what was initially proposed by the Applicant was not contained entirely on the Subject Property (portions of the proposed right-of-way impacted the two adjacent properties to the north) and did not meet the minimum right-of-way radius requirement of sixty-five (65) feet.

The purpose of this case is to get direction from the Public Works Committee as to whether the full right-of-way radius, on the Subject Property, should be required, or if some reduced size would be acceptable, if it improved on the current situation.

15 minutes

The Subject Property was created as part of the Nordvik Addition in 2001.  The Plat was a lot split, with an existing home on the southern lot and the Subject Property as the new, buildable lot.  While the lot met the lot width standard in place at that time (200 feet), it was along Armstrong Boulevard rather than Eland Street.  The Development Agreement stated that access was to be from Armstrong Boulevard, where the lot width complied with City Code, but that a sixty-six (66) foot wide Drainage and Utility Easement would reserve a corridor for a future southern extension of Eland Street should the land be further subdivided in the future.  At that time, access to the Subject Property (and the lot to the south) would be converted to Eland Street and eliminated from Armstrong Boulevard.

The Subject Property is zoned R-1 Residential (Rural Developing) and is also guided as Rural Developing in the Comprehensive Plan.  It seems unlikely the Subject Property would be further subdivided any time in the near future as that would require a Zoning Amendment, a Comprehensive Plan Amendment, and extension of both sewer and water trunk lines (water is relatively close, at 157th Avenue and Armstrong Boulevard; but sanitary sewer is much further away, Variolite Street to the east and 150th Lane to the south).

The Applicant intends to construct a new home on the Subject Property and has stated their preference is to eliminate the access to Armstrong Boulevard and construct a new driveway from the existing Eland Street cul-de-sac.  The Applicant has stated that they have no desire to subdivide the Subject Property further and connecting to the local street would create a safer access than onto a County Highway.  Furthermore, the Applicant is agreeable to deeding the right of access along Armstrong Boulevard to the public, eliminating any potential for a future driveway onto the County Highway.

The Applicant has expressed concern with accommodating the full right-of-way for a cul-de-sac on the Subject Property.  City Code requires a radius of sixty-five (65) feet for a rural section cul-de-sac.  Their initial proposal included a fifty-five (55) foot wide radius, but portions of the proposed right-of-way spilled over onto the two adjacent parcels to the north.  Note that the actual enlarged cul-de-sac bulb would not be constructed at this time; rather, the right-of-way would be dedicated now so that the City could construct a larger bulb in the future.  The actual construction of the enlarged bulb would occur when Eland Street is reconstructed, which is currently in the CIP for 2027.

Alternatives

Alternative 1: Recommend that City Council vacate the sixty-six (66) foot wide drainage and utility easement contingent upon the Applicant dedicating right-of-way for a full size cul-de-sac entirely on the Subject Property.

Alternative 2: Recommend that City Council vacate the sixty-six (66) foot wide drainage and utility easement contingent upon the Applicant dedicating right-of-way for a larger cul-de-sac than what presently exists, but not necessarily the full sixty-five (65) foot radius.

Alternative 3:  Recommend that City Council not vacate the existing drainage and utility easement and require any newly constructed home on the Subject Property to utilize the existing access onto Armstrong Boulevard.

This portion of the request is being handled as part of Staff's regular duties.  Based on direction of the Public Works Committee, further action on this request would likely be the responsibility of the Applicant.

Both Engineering and Public Works Staff have stated a preference that the full right-of-way radius of sixty-five (65) feet be provided if the existing north-south drainage and utility easement is to be vacated.  If the Applicant doesn't want to impact the Subject Property to that extent, then they would need to have the written consent of the two adjacent property owners to impact their parcels with right-of-way.

Note - we are reacting to request to release an asset that we currently have. Staff seems it is reasonable to ask for something in return and not unreasonable to ask for a full size ROW in return. 

Based on discussion.