City Council Meeting Date: July 11, 2017
To: Mayor and City Council
City Administrator
From: Scott Tempel, City Planner
Title
Consider Ordinance Vacating Right of Way on Heywood Road.
Body
Action Requested:
Staff recommends a motion to approve the second reading of Ordinance No. 989 Vacating Right Of Way.
* Note: The approval requires at least five council members per Municipal Code Section 15.6.
Summary Report:
The applicants, Steven and Patrice Ciernia, have requested the City vacate the remnant parcel of existing Right-Of-Way (ROW) adjacent to their property at 903 Clover Court.
This issue has a long history with this property. The subject property was platted in 1994 with the Spring Creek Sixth Addition. At the time, Heywood Road was envisioned to extend north with future subdivisions. The Rosewood Addition in 1998 swung Heywood Road to the east to facilitate a new subdivision around the golf course. This rendered a small section of the Heywood ROW obsolete. There was a neighborhood meeting on the issue in 2000 to explain the process, but no further action was taken.
The City held another neighborhood meeting in 2005 to discuss vacating the remainder of the ROW. At this meeting, the City Planner explained that the remnant parcel would revert to an underlying property owner since the property is at the edge of a subdivision and borders a different subdivision. According to State law, the entire vacated ROW reverts to a single property (903 Clover Court) within the original subdivision. In order to complete this process, the ROW must be vacated and the property owner must complete a minor subdivision. Once again, no further action was taken at that time.
Steven and Patrice Ciernia contacted City staff again in 2016 regarding this process. Staff researched the history related to this parcel and informed them the required process is substantially the same under the new Land Development Code. The applicants indicated they wished to move fo...
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