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Council asks applicant for plans before considering right-of-way vacations along Tangerine Road

2140273 · January 22, 2025
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Summary

Council held a study-session-style hearing on three right-of-way vacation requests tied to parcels along Tangerine Road and directed staff to get more information from the applicant, including site plans, surveys, access details and engineering solutions; no vacation was approved.

The Town Council received a staff presentation and asked for further detail on Jan. 20 before it will consider three separate right-of-way vacation requests submitted by The Phillips Company, LLC. The applications concern triangular portions of right-of-way at three Tangerine Road intersections: northeast at Rancho DeSosa/Estosa Boulevard, southeast at First Avenue, and northwest at Innovation Park Drive.

Town Engineer Mr. Keesler presented the item as a study-session-style discussion because the applicant was not present. He explained the parcels originated when ADOT abandoned and conveyed excess right-of-way years ago and the developer bought three auctioned parcels. Keesler said the town's existing pavement and multi-use path along Tangerine give about 116 feet of pavement width and that a 300-foot right-of-way exists along most of Tangerine Road to allow for future expansion. Staff said it had no objection to the applicant pursuing a vacation request but emphasized the council has full discretion and that the town needs survey details and assurances that future maintenance, drainage and expansion needs would be preserved.

Council members repeatedly asked for more information before approving any vacation. Vice Mayor Barrett said she would not give up vegetated public right-of-way without understanding what would be built, what community benefit would be provided and how access would be guaranteed. Several council members asked whether the parcels would be landlocked and how access would be provided; staff said state law requires parcels not be landlocked and that zoning defaults to adjacent zoning when right-of-way becomes private property.

Planning staff and the town attorney said the parcels would take on the zoning of adjacent properties if vacated. Staff acknowledged pre-application sketches had been submitted by the applicant but said the sketches were not code-compliant and that realistic site plans and engineering work would be needed to show whether the parcels could meet standards given slopes, vegetation and drainage concerns.

Council direction: council members requested the applicant provide a formal site plan or engineered sketches showing access, grading/drainage, and how the vacations would allow a code-compliant development. Council also asked staff to request survey information to ensure the town's remaining right-of-way (the 300-foot corridor) would be preserved for any future expansion. No vacation was approved; the item will return if and when the applicant supplies the requested materials.

Ending: Staff will relay the council's guidance to the applicant and hold a public hearing later if the application proceeds with the requested documentation.