ORD NO 14-2022 CITY OF VAN BUREN,ARKANSAS
ORDINANCE NO. f q - 2022
BE IT ENACTED BY THE CITY COUNCIL, FOR THE CITY OF VAN BUREN,
ARKANSAS, AN ORDINANCE TO BE ENTITLED:
AN ORDINANCE AMENDING THE SUBDIVISION REGULATIONS
TO AMEND THE SUBDIVISION DEFINITION AND ESTABLISH
STANDARDS FOR PRIVATE ACCESS EASEMENTS AND PRIVATE
STREETS AND FOR OTHER PURPOSES
WHEREAS, the City adopted Ordinance 07-2003 for the purpose of adopting subdivision
regulations establishing regulations governing development of land in the City of
Van Buren; and
WHEREAS, notice of a Public Hearing was duly published, and a Public Hearing was conducted
by the Van Buren Planning Commission on April 5, 2022, to consider these
proposed amendments; and
WHEREAS, the proposed changes herein were recommended by a majority vote of the entire
Planning Commission; and
NOW, THEREFORE,BE IT ORDAINED AND ENACTED BY THE CITY
COUNCIL OF THE CITY OF VAN BUREN, ARKANSAS, THAT:
SECTION 1: Article 1 - GENERAL PROVISIONS, Section E (Definitions), of the Subdivision
Regulations is amended to add the following new definitions:
Private access easement means any platted private easement for the purpose of
providing ingress and egress for property that does not have adequate public street
frontage and that is not dedicated to the public and that is owned by the underlying
owners of land over which it crosses. This definition does not apply to driveways
within single lot developments.
Private street means any platted right-of-way easement or area set aside to provide
vehicular access within a development that is not dedicated or intended to be
dedicated to the city or county and that is not maintained by the city. This
definition does not apply to driveways within single lot developments.
SECTION 4: Severability: The various provisions and parts of this Ordinance are f
hereby declared to be severable, and, if any section or part of a section,
or any provision or part of a provision herein, is declared to be
unconstitutional, inappropriate, or invalid by any court of competent
jurisdiction, such holding shall not invalidate or affect the remainder of
this Ordinance and to that extent the provisions hereto are declared to be
severable.
IN WITNESS WHEREOF, the City of Van Buren, Arkansas, by its City
Council, did pass, approve, and adopt, by a vote of 5 for and O against, the
foregoing Ordinance at its regular meeting held on the 25th day of April 2022.
/ 2egis `6655t---
Joseph P. 'urst
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ATTESTED: APPROVED AS TO FORM:
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P p t. kc(,(, j- .cob Howell
bcpA,44.1 City Clerk/Treasurer City Attorney
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City of Van Buren Arkansas
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Municipal Annex
111 North 12th Street • Van Buren, Arkansas 72956
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VAN BUREN CITY COUNCIL MEMORANDUM
TO: MAYOR JOE HURST AND CITY COUNCIL
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: SUBDIVISION REGULATION AMENDMENTS —DEFINITIONS
FOR PRIVATE ACCESS EASEMENT AND PRIVATE STREET t,
DATE: APRIL 12, 2022 11
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The City Council recently approved the Planning Commission's recommendations for 1`
establishing standards for private streets and access easements. Unfortunately, I did not include 11
the definitions when I prepared the ordinance for the Council's consideration. These definitions F
are necessary to provide clarity for future users of the subdivision regulations.
The proposed definitions are as follows:
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Private access easement means any platted private easement for the purpose of
providing ingress and egress for property that does not have adequate public street
frontage and that is not dedicated to the public and that is owned by the underlying
owners of land over which it crosses. This definition does not apply to driveways
within single lot developments.
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Private street means any platted right-of-way easement or area set aside to provide
vehicular access within a development that is not dedicated or intended to be dedicated
to the city or county and that is not maintained by the city. This definition does not
apply to driveways within single lot developments.
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The Planning Commission has reviewed and recommend these definitions be added to the
subdivision regulations.
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Please let me know if you have any questions. t;
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