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Home My WebLink About53-25 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 53-25 File Number: 2025-93 APPEAL: LARGE SCALE DEVELOPMENT-2024-0029:(SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE.IVERVE, 522): A RESOLUTION TO GRANT THE APPEAL OF SUBTEXT ACQUISITIONS, LLC AND APPROVE LARGE SCALE DEVELOPMENT LSD-2024-0029 LOCATED AT 191 SOUTH HILL AVENUE IN WARD 2 WHEREAS, on January 13, 2025, the Planning Commission denied the application for Large Scale Development LSD-2024-0029 located at 191 South Hill Avenue in Ward 2; and WHEREAS, the applicant timely appealed the denial by letter to City Clerk -Treasurer Kara Paxton on January 14, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Subtext Acquisitions, LLC and approves Large Scale Development LSD-2024-0029, with the variances and conditions outlined in the staff memo attached to this Resolution with the exception of the condition addressed in Section 2 below. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends condition 4.g to the following: "In lieu of upgrading the water line in Duncan Avenue along the project street frontage from a 6" cast iron pipe to a 12" diameter water line, the applicant has offered and agrees to make a payment -in -lieu in the amount of $200,000.00 representing its share of the cost of upgrading the line in accordance with § 166.04(A)(6) of the Unified Development Code." PASSED and APPROVED on February 4, 2025 Approved: Attest: Molly Rawn, Mayor Kara Paxton, City Clerk Treasurer Page 1 CITY OF FAYETTEVILLE ARKANSAS MEETING OF FEBRUARY 4, 2025 CITY COUNCIL MEMO 2025-93 TO: Mayor Rawn and City Council THRU: Keith Macedo, Interim Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Development Review Manager FROM: Donna Wonsower, Planner SUBJECT: APPEAL: LSD-2024-0029: Large Scale Development (SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE./VERVE, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE in WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.9 acres. The request is for a multifamily development with 272 residential units. RECOMMENDATION: City Staff recommend approval and Planning Commission recommends denial of the large-scale development request as described and shown in the attached Exhibits `A' and `B'. BACKGROUND: The subject area is in central Fayetteville approximately 300 feet east of Harmon Field and 900 feet northeast of the Fayetteville High School. The subject area contains multiple parcels and is bound by W. Treadwell St. to the north, S. Hill Ave. to the west, W. Putnam St. to the south, and S. Duncan Ave. to the west. The subject area contains roughly 2.9 acres and is currently developed with apartments, single-family dwellings, and a largely undeveloped parcel with off -site parking. The existing structures were built between 1931 -1964. The property does not fall within any overlay districts or Master Plan areas. A rezoning from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center was approved by City Council on June 18, 2024, subject to a Bill of Assurance (RZN-2024-0018) limiting some uses of the property. Request: The applicant requests Large Scale Development approval to develop the subject property with a total of 272 multi -family units and associated parking. Two variances have been requested. Public Comment: While staff received extensive public comment during the rezoning process, no additional public comments have been provided regarding the development plans. Findings: The proposed development encompasses an entire city block within Fayetteville's downtown. Extensive improvements to the public realm are proposed with 1) street improvements such as street widening, sidewalk construction, and street trees, and 2) installation or upgrading of public utility infrastructure as the two biggest factors of consideration. First, the property has street frontage on W. Treadwell St., S. Hill Ave., W. Putnam St., and S. Duncan Ave. Four street frontages is an unusual street condition within city limits and a variance has been requested to Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 typical street standards to accommodate this. This variance is described further in the staff report. To summarize, the applicant proposes to locate their urban tree wells internal to the sidewalk on both S. Hill Ave. and S. Duncan Ave. and to dedicate 22.5 feet of right-of-way from centerline for each of these streets in order to meet aerial apparatus access needs. This would also permit a bus travel lane on S. Hill Ave. The applicant also proposes to dedicate 29.5 feet of right of way from centerline of Putnam St., which exceeds typical requirements, to account for an uneven centerline. Staff find that the proposed street improvements are necessary to ensure safe and adequate vehicular access and recommend in favor with no added conditions. Additionally, staff recommends that the intersection of W. Treadwell St. and S. Duncan Ave. is realigned to eliminate or reduce the existing off -set intersection condition. The applicant has provided conceptual plans for a shared pedestrian/vehicle "piazza" with a mixture of "pavers, stamped concrete, bollards, lighting" and other features to create a shared street to occur in concert with the development to the west. The staff report includes several recommended conditions related to this realignment in order to ensure realignment occurs prior to occupancy of the property given the extensive coordination that could be required. Second, the applicant proposes to connect to an existing 8" water line in Treadwell Street for domestic service and fire protection. On behalf of Water and Sewer, staff recommends the project upgrade the existing water line from a 6" cast iron pipe to a 12" diameter water line for a length of approximately 425 linear feet (LF) along the property's S. Duncan Ave. frontage. While the applicant may not be tying directly into the line on Duncan, §166.04(A)(a) On and Off -Site Improvements defines on -site improvements as "adjacent to or within a project site; such as widening the street along the project frontage, constructing interior streets and utilities, etc." Further, the existing 8" line in Treadwell that the applicant intends to connect to ties into the S. Duncan Ave. line, meaning that any capacity or reliability issues within the S. Duncan Ave. line caused by the increased demand of this development will still affect existing and future users of both lines. This recommendation is clarified further in engineering's memo, as well as the discussion section below given extensive conversation at the December 9 and January 13 Planning Commission meetings. Related, staff has assembled an estimated dollar amount for various fees and assessments that will likely be required for Council's consideration of the project. Some items, such as the assessment for a reduced level of service (LOS) at Hill and Center, are the direct result of impacts determined from this project; whereas others such as parkland dedication fees are generalized fees required of all projects of certain thresholds. Included in this calculation is the applicant's proposed $200,000 fee -in -lieu of line upgrades. Anticipated Assessments / Project Specific Items 1. Off -Site Assessment for Reduced LOS at Hill and Center: $18,500 2. Mitigation Trees Placed into Escrow: $16,200 3. Applicant Proposed Water Line Fee -in -Lieu: $200,000 Anticipated Fees 3. Parkland Dedication Fee $201,824 4. Water Impact Fee: $48,550 5. Wastewater Impact Fee: $43,600 6. Police Impact Fee: $40,800 7.Fire Impact Fee: $44,064 Total Estimated Funds to be Paid to the City: $613,538 DISCUSSION: At the December 9, 2024, Planning Commission meeting, the item was tabled due to discussion regarding a recommended staff condition to upgrade the existing water line within S. Duncan Ave. Engineering confirmed Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 that the recommendation is in line with the City's utilities master plan, and that, while the applicant is not directly tying into the S. Duncan Ave. line, the development will still increase overall demand on the S. Duncan Ave. line because the water in the Treadwell line must first flow through the line in Duncan. Engineering also noted construction issues that would result from upgrading the Duncan line at a later date and noted similar upgrades that were required for other large-scale apartment buildings in the nearby vicinity. There was also discussion about the possibility of a cost -share with the city and/or the potential future development to the west, and the need for a cost estimate of the work if the commission decided to recommend an assessment. In the interim, a cost estimate has been provided and was reviewed by the Water and Sewer department. Staff ultimately maintained their recommendation that the water line in Duncan be upgraded by the developer. At the January 13, 2025, Planning Commission meeting, Commissioner Payne made a motion to approve the project, for which Commissioner McGetrick provided the second. The Planning Commission voted 4-4-0, effectively denying the request. Commissioners in favor of the development cited a Legal Department memo regarding the legality of recommended improvements, the lack of clarity tying the development with the proposed upgrades, and Planning Commission's inability to approve cost -shares or forward a development to City Council for a cost -share consideration as part of the approval process. Commissioners Castin, Werner, Garlock and Madden voted against the request, citing need for additional information regarding whether the proposed development would be adequately serviced by the existing lines, concerns regarding timing of the water line upgrades and potential issues that could be created if the water line is not upgraded with this development, potential for cost -shares with the city or adjacent developers, similar requirements for other large developments in the area, the city's Water and Sewer Master Plan, as well as questions relating to the provided cost estimate. There was extensive discussion related to the provided cost -estimate, particularly regarding several line items that Utility Department staff noted would be required for the project regardless of whether the water main was upgraded. The applicant team acknowledged that the cost estimate was compiled as a stand-alone project and did not account for work that would be occurring on the site and surrounding streets for the overall development. Engineering staff clarified the process that would be involved in running a model to determine whether capacity needs were being met and what a proportional assessment might be. Afterwards, the applicant team offered a fee -in -lieu of $100,000 for Planning Commission consideration. The fee -in -lieu was ultimately incorporated into the recommended motion which was denied for lack of a majority. Ir voting in favor, Commissioners McGetrick, Brink, Payne, and Castin, found the project to be in general compliance with adopted ordinances and expressed reticence to table the project again or require the Duncan water line upgrade without additional information tying the development's impact to the improvement. No members of the public spoke at this meeting. BUDGET/STAFF IMPACT: NA ATTACHMENTS: Appeal Letter (#3), Exhibit A (#4), Exhibit B (#5), Staff Report (#6) Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 == City of Fayetteville, Arkansas y 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 - Legislation Text File #: 2025-93 APPEAL: LSD-2024-0029: Large Scale Development (SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE.NERVE, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE in WARD 2. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.9 acres. The request is for a multifamily development with 272 residential units. A RESOLUTION TO GRANT THE APPEAL OF SUBTEXT ACQUISITIONS, LLC AND APPROVE LARGE SCALE DEVELOPMENT LSD-2024-0029 LOCATED AT 191 SOUTH HILL AVENUE IN liffi•a WHEREAS, on January 13, 2025, the Planning Commission denied the application for Large Scale Development LSD-2024-0029 located at 191 South Hill Avenue in Ward 2; and WHEREAS, the applicant timely appealed the denial by letter to City Clerk -Treasurer Kara Paxton on January 14, 2025. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby grants the appeal of Subtext Acquisitions, LLC and approves Large Scale Development LSD-2024-0029, with the variances and conditions outlined in the staff memo attached to this Resolution with the exception of the condition addressed in Section 2 below. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends condition 4.g to the following: "In lieu of upgrading the water line in Duncan Avenue along the project street frontage from a 6" cast iron pipe to a 12" diameter water line, the applicant has offered and agrees to make a payment -in -lieu in the amount of $200,000.00 representing its share of the cost of upgrading the line in accordance with § 166.04(A)(6) of the Unified Development Code." Page 1 WATKINS, BOYER, GRAY & CURRY, PLLC WILLIAM P. WATKINS, 111, P.A. ATTORNEYS AT LAw RONALD L. BOYER (OF COUNSEL) JENNIFER E. GRAY, P.A.* ANDREW T. CURRY, P.A. WRITER'S DIRECT E-MAIL WILL A. KELLSTROM, P.A. wkellstrom@watkinslawoffice.com MICHELLE FENDLEY CATELYN J. GIBBS * ALSO LICENSED IN MISSOURI January 14, 2025 Kara Paxton, City Clerk Tresurer 113 W. Mountain St. Fayetteville, AR 72701 Re: Appeal of Planning Commission Denial of LSD-2024-0029 Dear Mrs. Paxton: DELYNN HALE, SECRETARY Amy BENSON, PARALEGAL WHITNEY DUCKER, OFFICE MANAGER LIZBETH CHAVEZ, SECRETARY I represent Subtext Acquisitions, LLC ("Applicant") with respect to LSD-2024-0029 regarding the development known as "Verve Fayetteville". The Applicant hereby files this appeal pursuant to Chapter 155 of the Fayetteville Code of Ordinances ("the Code"). I. Grounds of Appeal The Applicant submits that the Planning Commission decision was in error, on the following grounds, that: (1) The proposal was not denied on one of the propoer grounds enumerated in Section 166.02 of the Code. (2) The proposal was denied due to the Applicant's failure to accept a condition that is potentially unconstitutional. (3) The Planning Commission failed to properly consider the fee -in -lieu that was proposed by the Applicant at the Planning Commission Meeting. (4) The Planning Commission's denial was arbitrary in that the grounds for denial were conflicting and unclear. II. Summary of Relevant Issues This item was denied due to disagreement concerning the appropriate amount of a certain fee -in -lieu, tied to certain improvements requested by City staff as a condition of approval of this LSDP. In light of discussions that took place at the December 9th, 2024, and January 13th 2025, 1106 WEST POPLAR STREET REAL ESTATE, CONSTRUCTION & LIEN LAW, LAND USE & PLANNING ROGERS, AR 72756 CORPORATE & COMMERCIAL LAW, BANKING, BANKRUPTCY PH: 479-636-2168 CRIMINAL LAW, FAMILY LAW, GUARDIANSHIPS, LANDLORD -TENANT FX: 479-636-6098 ESTATE PLANNING, ELDER LAW, PROBATE, TRUST LITIGATION WWW.WATKINSLAWOFFICE.COM CIVIL LITIGATION, COMMERCIAL & CONSUMER DEBT COLLECTION Planning Commission Meetings, and as a show of good faith, the Applicant hereby offers $200,000.00 as a fee -in -lieu of installing the aforementioned improvements. If anything further is needed in order to properly submit this appeal, please feel free to contact me at 479-636-2168 or at wkellstrom@watkinslawoffice.com Sincerely, WATKINS, BOYER, GRAY & CURRY, PLLC /s/ Will A. Kellstrom Will A. Kellstrom LSD-2024-0029 Close Up View W a z 0 a x Neighborhood Link Urban Center - Alley Residential Link Hillside -Hilltop Overlay District Planning Area Fayetteville City Limits - Shared -Use Paved Trail _ Design Overlay District 191 S. HILL AVE /16.1.Subject Property •TREADWEL W a J J_ 2 Feet 0 75 150 300 450 600 1:2,400 Exhibit 'A' LSD-2024-0029 CENTER ST Z W z AJ& NORTH RSF-4 RW RMF-24 RMF-40 Residential -Office Main Street Center Downtown General Neighborhood Conservation P-1 Exhibit'B' LSD-2024-0029 PARCEL 1 (PARCEL #765-04808-000): A PART OF LOTS 7 AND 8, IN BLOCK 5, I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID BLOCK 5 AND RUNNING THENCE ALONG THE WEST LINE THEREOF NO3°00'39"E 85.011, THENCE LEAVING SAID WEST LINE S87°23'18"E 81.46', THENCE S03°01'43"W 85.35, TO THE SOUTH LINE OF SAID BLOCK 5, THENCE ALONG SAID SOUTH LINE N87°08'55"W 81.43' TO THE POINT OF BEGINNING, CONTAINING 0.16 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN SOUTH DUNCAN STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT, SUBJECT TO THAT PORTION IN WEST PUTMAN STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACTAND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL 2 (PARCEL #765-04809-000): A PART OF LOTS 8 AND 9, IN BLOCK 5, I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT POINT ON THE WEST LINE OF SAID BLOCK 5 WHICH IS NO3°00'39"E 85.01' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER THEREOF AND RUNNING THENCE ALONG SAID WEST LINE NO3°00'39"E 74.70', THENCE LEAVING SAID WEST LINE S86°58'42"E 81.48', THENCE S03°01'43"W 74.11', THENCE N87°23'18"W 81.46' TO THE POINT OF BEGINNING, CONTAINING 0.14 ACRES. MORE OR LESS. SUBJECT TO THAT PORTION IN SOUTH DUNCAN STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE WEST SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF - WAY OF RECORD. PARCEL 3 - TRACT 1 (PARCEL #765-04804-000): ALL OF LOTS 1, 2, 3, 10, 11 & 12, A PART OF LOT 4 AND A PART OF A 20, PLATTED ALLEY VACATED BY CITY OF FAYETTEVILLE ORDINANCE #2110 FILED IN BOOK 887 AT PAGE 319, ALL BEING LOCATED IN BLOCK 5, I.W DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT. BEGINNING AT POINT ON THE WEST LINE OF SAID BLOCK 5 WHICH IS NO3°00'39"E 159.71' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER THEREOF AND RUNNING THENCE ALONG SAID WEST LINE NO3°00'39"E 147.81' TO THE NORTHWEST CORNER OF SAID BLOCK 5, THENCE ALONG THE NORTH LINE THEREOF S87°05'11"E 408.25' TO THE NORTHEAST CORNER OF SAID BLOCK 5, THENCE ALONG THE EAST LINE THEREOF S02°43'18"W 153.11', THENCE LEAVING SAID EAST LINE N87°01'54"W 204.51', THENCE NO2°51'59"E 4.72', THENCE N86°58'42"W 204.50' TO THE POINT OF BEGINNING, CONTAINING 1.41 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN SOUTH DUNCAN AVENUE MASTER STREET PLAN RIGHT-OF-WAY OF THE WEST SIDE OF HEREIN DESCRIBED TRACT, SUBJECT TO THAT PORTION IN WEST TREADWELL STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE NORTH SIDE OF HEREIN DESCRIBED TRACT, SUBJECT TO THAT PORTION IN SOUTH HILLAVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACTAND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL 3 - TRACT 2 (PARCEL #765-04805-000): A PART OF LOTS 4 AND 5 AND A PART OF A 20' PLATTED ALLEY VACATED BY CITY OF FAYETTEVILLE ORDINANCE #2110 FILED IN BOOK 887 AT PAGE 319, ALL BEING LOCATED IN BLOCK 5, I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT WHICH IS S87°08'55"E 204.90' AND NO2°51'59"E 99.66' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER OF SAID BLOCK 5 AND RUNNING THENCE NO2°51'59"E 54.72', THENCE S87°01'54"E 204.51' TO THE EAST LINE OF SAID BLOCK 5, THENCE ALONG SAID EAST LINE S02°43'18"W 54.53', THENCE LEAVING SAID EAST LINE N87°05'07"W 204.65' TO THE POINT OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN SOUTH HILL AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE EAST SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL 3 - TRACT 3 (PARCEL #765-04806-000): LOT 6, A PART OF LOT 5 AND A PART OF A 20' PLATTED ALLEY VACATED BY CITY OF FAYETTEVILLE ORDINANCE #2110 FILED IN BOOK 887 AT PAGE 319, ALL BEING LOCATED IN BLOCK 5, I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT POINT ON THE SOUTH LINE OF SAID BLOCK 5 WHICH IS S87°08'55"E 204.90' FROM AN EXISTING REBAR MARKING THE SOUTHWEST THEREOF AND RUNNING THENCE NO2°51'59"E 99.66', THENCE S87°05'07"E 204.65' TO THE EAST LINE OF SAID BLOCK 5, THENCE ALONG SAID EAST LINE S02°43'18"W 99.44' TO AN EXISTING BRICK MARKING THE SOUTHEAST CORNER OF SAID BLOCK 5, THENCE ALONG THE SOUTH LINE THEREOF N87°08'55"W 204.90' TO THE POINT OF BEGINNING, CONTAINING 0.47 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN SOUTH HILL AVENUE MASTER STREET PLAN RIGHT-OF-WAY ON THE EAST SIDE OF HEREIN DESCRIBED, SUBJECT TO THAT PORTION IN WEST PUTMAN STREET MASTER STREET PLAN RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. PARCEL 3 - TRACT 4 (PARCEL #765-04807-000): A PART OF LOTS 7, 8, AND 9 AND A PART OF A 20' PLATTED ALLEY VACATED BY CITY OF FAYETTEVILLE ORDINANCE #2110 FILED IN BOOK 887 AT PAGE 319, ALL BEING LOCATED IN BLOCK 5, I.W. DUNCAN'S ADDITION TO THE CITY OF FAYETTEVILLE, AS SHOWN ON PLAT OF RECORD IN PLAT BOOK 4 AT PAGE 192, PLAT RECORDS OF WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS, TO -WIT: BEGINNING AT A POINT ON THE SOUTH LINE OF SAID BLOCK 5 WHICH IS S87°08'55"E 81.43' FROM AN EXISTING REBAR MARKING THE SOUTHWEST CORNER THEREOF AND RUNNING THENCE NO3°01'43"E 159.471 , THENCE S86°58'42"E 123.02', THENCE S02°51'59"W 159.10' TO THE SOUTH LINE OF SAID BLOCK 5, THENCE ALONG SAID SOUTH LINE N87°08'55"W 123.47' TO THE POINT OF BEGINNING, CONTAINING 0.45 ACRES, MORE OR LESS. SUBJECT TO THAT PORTION IN WEST PUTMAN STREET RIGHT-OF-WAY ON THE SOUTH SIDE OF HEREIN DESCRIBED TRACT AND ALSO SUBJECT TO ALL OTHER EASEMENTS AND RIGHTS -OF -WAY OF RECORD. CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO V1411-111111111V ARKANSAS TO: Fayetteville Planning Commission THRU: Jessie Masters, Development Review Manager FROM: Donna Wonsower, Planner Chris Brown, Director of Public Works / City Engineer Willa Thomason, Urban Forester MEETING: January 13, 2025 (UPDATED WITH MEETING RESULTS) SUBJECT: LSD-2024-0029: Large Scale Development (SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE./VERVE, 522): Submitted by MCCLELLAND CONSULTING ENGINEERS for property located at SOUTHWEST OF W. TREADWELL ST. AND S. HILL AVE. The property is zoned MSC, MAIN STREET CENTER and contains approximately 2.9 acres. The request is for a multifamily development with residential units. RECOMMENDATION: Staff recommends approval of LSD-2024-0029, subject to conditions. RECOMMENDED MOTION: "1 move to approve LSD-2024-0029 with conditions, finding: 1. In favor of variance to §166.08(D)(5), Street Standards; 2. In favor of variance to §166.23(C)(4)(a), Pedestrian Circulation; 3. In favor of the recommended street improvements; 4. In favor of the recommended right-of-way dedication, and 5. All other conditions as recommended by staff." DECEMBER 9, 2024, PLANNING COMMISSION MEETINGS: At the December 9, 2024, Planning Commission meeting, the item was tabled due to discussion regarding a recommended staff condition to upgrade the existing water line within S. Duncan Ave. Engineering confirmed that the recommendation is in line with the utilities master plan, and that, while the applicant is not directly tying into the S. Duncan Ave. line, the development will still increase overall demand on the S. Duncan Ave. line because the water in the Treadwell line must first flow through the line in Duncan. Engineering also noted construction issues that would result from upgrading the Duncan line at a later date and noted similar upgrades that were required for other large-scale apartment buildings in the nearby vicinity. There was also discussion about the possibility of a cost -share with the city and/or the potential future development to the west, and the need for a cost estimate of the work if the commission decided to recommend an assessment. In the interim, a cost estimate has been provided and is being reviewed by the Water and Sewer department. BACKGROUND: The subject area is in central Fayetteville approximately 300 feet east of Harmon Field and 900 feet northeast of the Fayetteville High School. The subject area contains multiple parcels and is bound by W. Treadwell St. to the north, S. Hill Ave. to the west, W. Putnam St. to the south, and S. Duncan Ave. to the west. The subject area contains roughly 2.9 acres and is currently developed with apartments, single-family dwellings, and a largely undeveloped parcel with off - Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 1 of 50 site parking. The existing structures were built between 1931 -1964. The property does not fall within any overlay districts or Master Plan areas. A rezoning from RMF-40, Residential Multifamily, 40 Units per Acre to MSC, Main Street Center was approved by City Council on June 18, 2024, subject to a Bill of Assurance (RZN-2024-0018) limiting some uses of the property. Surrounding land uses and zoning are depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning MSC, Main Street Center North Multifamily Residential DG, Downtown General RMF-40, Residential Multifamily, 40 Units per Acre South Mixed -Density Residential RMF-40, Residential Multifamily, 40 Units per Acre East Multifamily Residential DG, Downtown General West Mixed -Density Residential MSC, Main Street Center RMF-40, Residential Multifamily, 40 Units per Acre Proposal: The applicant requests Large Scale Development approval to develop the subject property with a total of 272 multi -family units and associated parking. Two variances have been requested. Variance #1: UDC §166.08(D)(5), Street Standards. All street requirements shall be met as set forth in the City of Fayetteville Master Street Plan and adopted minimum street standards. The property has frontage along W. Treadwell St., S. Hill Ave., W. Putnam St., and S. Duncan Ave., all residential link streets which typically require a 6-foot sidewalk,6-foot furniture zone, curb and gutter, 7-foot parking lane, and a 10-foot and 9-foot travel lane. The applicant has requested a variance to allow street improvements and ROW dedications that differ from these standards for S. Hill Ave., W. Putnam St., and S. Duncan Ave. a. Staff recommendation: Staff recommends approval of the applicant's request. The subject property contains a full city block, and the applicant seeks to utilize a mix of right-of-way dedication and vacations as described below in order to align proposed street improvements with the existing centerlines of adjacent roads. STREET DATA TABLE Street TOTAL ROW DRIVING LANE ON -STREET PARKING SIDEWALK MAX ROW TO BE DEDICATED MAX ROW TO BE VACATED TREADWELL ST 26.0' 6.5' 7.0' 12.0' 0.47' 0.76' HILL AVE 22.5' 10.0' - 11.0' - 4.93' PUTMAN ST 29.5' 10.0' 7.0' 12.0' 1.26' 2.71' DUNCAN AVE 22.5' 9.0' 12.0' 3.19' The applicant proposes to dedicate 29.5 feet of right-of-way from the existing centerline of W. Putnam Street in order to accommodate two full drive lanes once an on -street parking row is installed. In total, the proposed right-of-way dedication would permit two full traffic lanes (19 feet total), as well as 7' wide on -street parking spaces, curb and gutter, a 6-foot tree well and furniture zone, and a 6-foor sidewalk. Particularly given the uneven curb line on the south side of W. Putnam Street, staff finds that the additional right-of-way dedication is necessary to ensure two-way travel on these streets. The applicant further proposes to dedicate 22.5 feet from the existing centerline for S. Hill Ave. and S. Duncan Ave. This would include a 9-foot-wide travel lane Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 2 of 50 and 6' tree -well and furniture zone on S. Duncan Ave and a 10-foot-wide travel path and 5-foot-wide tree -well and furniture zone on S. Hill Ave. to support bus traffic. Both streets would also include a 1.5-foot-wide mountable curb with a 6- foot-wide sidewalk directly behind the curb in order to accommodate aerial apparatus access. Staff finds that the proposed street improvements are necessary to ensure safe and adequate vehicular access throughout the surrounding block and to provide aerial apparatus access to the proposed multifamily structure. As such, staff recommends in favor of the above with no added conditions. Additionally, with the recent vacation of the portion of W. Treadwell St. directly west of this property (VAC-2024-0020), staff recommends that the intersection of W. Treadwell St. and S. Duncan Ave. is realigned to eliminate or reduce the existing off -set intersection condition. The applicant has provided conceptual plans for a shared pedestrian/vehicle "piazza" with a mixture of "pavers, stamped concrete, bollards, lighting" and other features to create a shared street. The applicant has requested that this realignment occur in concert with the development to the west given the extensive coordination required to realign the intersection. Staff recommends the following conditions associated with the intersection realignment: a) The realignment of the W. Treadwell St. and S. Duncan Ave. intersection shall be constructed and accepted by the city prior to the issuance of a certificate of occupancy. b) Design of the intersection re -alignment shall meet all street requirements as set forth in the City of Fayetteville Master Street Plan and adopted minimum street standards unless a variance is received to vary from these requirements. c) Portions of the right-of-way intended for vehicular traffic may be composed of stamped concrete. Pavers are not permitted within public right-of-way. d) A grading permit shall be required for the proposed street improvements. If proposed street improvements involve modifications to the approved large -scale -development plans or an associated grading permit, the applicant shall provide an exhibit indicating proposed changes to staff for evaluation of a minor or major modification. Variance #2: UDC §166.23(C)(4)(a), Pedestrian Circulation. Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that is visible from the street. Per ordinance, the pedestrian connection to the street may run from the door along the fagade of the building parallel to the street for a maximum of 12 feet from the door before connecting directly to the public sidewalk. The applicant requests a variance to allow eight ground floor dwelling units to exceed the 12-foot maximum. a. Staff recommendation: Staff recommends approval of the applicant's request. The subject property contains an entire city block with approximately nine feet of topographic change from north to south. Ten of the 18 ground floor dwelling units meet this ordinance; however, the remaining eight have entries approximately 7 feet above the sidewalk grade. Staff finds that providing direct pedestrian connections from these units to the public sidewalk is not practical and that allowing a longer parallel distance will allow these units to share access that would not be feasible otherwise. Staff recommends a condition that the retaining walls used for such pedestrian connections shall be faced with a material used on the principal structure such as brick, or shall otherwise be improved with green walls, public art or another feature to create an inviting pedestrian landscape. Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 3 of 50 Right -of -Way to be Dedicated: The property has frontage along W. Treadwell St., S. Hill Ave., W. Putnam St., and S. Duncan Ave., all residential link streets which typically require 26' of dedication from the street centerline. A variance has been requested to typical master street plan standards, including typical right-of-way widths as described above. Street Improvements: The property has frontage along W. Treadwell St., S. Hill Ave., W. Putnam St., and S. Duncan Ave., all residential link streets which typically require a 6-foot sidewalk,6-foot furniture zone, curb and gutter, 7-foot parking lane, and a 10-foot and 9-foot travel lane. The applicant also proposes changes to the traffic patterns include a 4-way stop at Putman and Hill and intersection changes at Treadwell and Duncan to create a pedestrian plaza as discussed in the variance request above. In addition, the traffic study indicates a reduced level of service at Hill and Center Street. A traffic study provided by the developer's consultant indicates that this development will contribute 3.7% of the total future traffic at the Hill/Center intersection. Using this 3.7% and a documented cost of $500,000 for intersection signalization, an assessment amount of $18,500 is recommended. Access Management/Connectivity: The proposed driveway onto W. Putnam St. meets separation requirements. No other driveways are proposed, and the existing city block meets block length standards. Design Standards: The development is subject to §166.22 — Parking Garage Standards and §166.23 — Urban Residential Design Standards. Staff finds the design is substantially compliant with these standards with the exception of the variances requested above. The applicant initially requested a variance for a 6-foot-tall privacy fence at the southeast corner of the property. After staff clarified that the ordinance restricts the opacity of the fence above 30" but does not restrict the overall height, the applicant withdrew this variance request. Water System: The applicant is proposing to connect to an existing 8" water line in Treadwell Street for domestic service and fire protection. On behalf of Water and Sewer, staff is recommending that the Planning Commission add a condition that the project upgrade the existing water line from a 6" cast iron pipe to a 12" diameter water line for a length of approximately 425 linear feet (LF) along the property's S. Duncan Ave. frontage. While the applicant may not be tying directly into the line on Duncan, §166.04(A)(a) On and Off -Site Improvements defines on -site improvements as "adjacent to or within a project site; such as widening the street along the project frontage, constructing interior streets and utilities, etc." Further, the existing 8" line in Treadwell that the applicant intends to connect to ties into the S. Duncan Ave. line, meaning that any capacity or reliability issues within the S. Duncan Ave. line caused by the increased demand of this development will still affect existing and future users of both lines. This upgrade will further establish the 1/2-mile 12" water line grid recommended in the 2017 Water Master Plan: "a 12-inch water transmission main grid is recommended to help support fire flows and to supply peak demands within the system. The recommended spacing of the transmission main grid is approximately one-half mile. In practice, the line spacing will depend on the corridors available for water line construction, the location of existing and future streets and the pattern of development in a given area." In the vicinity of this project, a 12" water line extends from Center Street to Treadwell Street along Duncan Avenue. The logical 12" water line loop would extend towards Fayetteville High School Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 4 of 50 at the intersection of Buchanan Avenue and Bulldog Boulevard, where another 12" water line exists. Future infill development will install the remaining 1,020 LF to complete this loop beyond the project's frontage. The applicant has provided a cost estimate to complete this water line upgrade is the amount of $375,084.00 (attached). Water and Sewer is evaluating the provided estimate and has provided notes regarding several of the line items included in the estimate. Overall, Water and Sewer still recommends that this development be responsible for the full upgrade of the water line given the scope of the proposed impact to the system. Sewer System: Adequate sewer capacity is available from an 8" line in Duncan Ave. A short sewer extension is proposed along Putman to collect sewer services from the site to the line in Duncan. The city's sewer master plan consultant was engaged by the developer to review the project impact on sewer capacity and has confirmed that downstream sewer capacity is adequate. Parkland dedication or fee in -lieu: The Parks and Recreation Advisory Board (PRAB) reviewed this proposal at a meeting held on October 11, 2024. The Parks and Recreation Advisory Board recommended a fee -in -lieu of parkland dedication. Based on current information, fees for 266 multifamily residential units would be required in the amount of $201,824, with final fees to be determined and paid prior to the issuance of any building permits. Credit has been applied for the existing 54 residential units to be removed in the construction of the project. Tree Preservation: Canopy minimum requirement: 10% Existing canopy: 30.9% Preserved canopy: 0.0% Mitigation required: 54 2-inch caliper trees Thirty-four (30) mitigation trees are proposed on -site. The applicant requests to pay into tree escrow for the remaining 24 required trees. At $675 per tree, this would require a payment of $16,200 into escrow. Urban Forestry recommends approval of the escrow payment. Public Comment: While staff received extensive public comment during the rezoning process, no additional public comments have been provided regarding the development plans at this time. RECOMMENDATION: Staff recommends approval of LSD-2024-0029, with the following conditions: Conditions of Approval: Planning Commission determination of variance to UDC §166.08(D)(5), Street Standards. Staff recommends approval of the requested variance with the following conditions. a. The realignment of the W. Treadwell St. and S. Duncan Ave. intersection shall be constructed and accepted by the city prior to the issuance of a certificate of occupancy. b. Design of the intersection re -alignment shall meet all street requirements as set forth in the City of Fayetteville Master Street Plan and adopted minimum street standards unless a variance is received to vary from these requirements. Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 5 of 50 c. Portions of the right-of-way intended for vehicular traffic may be composed of stamped concrete. Pavers are not permitted within public right-of-way. d. A grading permit shall be required for the proposed street improvements. e. If proposed street improvements involve modifications to the approved large -scale - development plans or an associated grading permit, the applicant shall provide an exhibit indicating proposed changes to staff for evaluation of a minor or major modification. Subdivision Committee recommended in favor 2. Planning Commission determination of variance to UDC §166.23(C)(4)(a), Pedestrian Circulation. Staff recommends approval of the requested variance with no added conditions. a. Retaining walls used to accommodate pedestrian connections shall be faced with a material used on the principal structure such as brick, or shall otherwise be improved with green walls, public art or another feature to create an inviting pedestrian landscape. Subdivision Committee recommended in favor 3. Planning Commission determination of right-of-way dedication. Staff recommends the following street right-of-way dedication. a. W. Treadwell St.: 26 feet from centerline b. W. Putnam St.: 29.5 feet from centerline c. S. Hill Ave. and S. Duncan Ave.: 22.5 feet from centerline Subdivision Committee recommended in favor 4. Planning Commission determination of street improvements. Staff recommends the following street improvements: a. W. Treadwell St. 12-foot sidewalk (including 6-foot tree well and furniture zone), 7- foot parking lane, 9-foot driving lane, curb & gutter, streetlights and street trees b. W. Putnam St.: 12-foot sidewalk (including 6-foot tree well and furniture zone), 7- foot parking lane, 10-foot driving lane, curb & gutter, streetlights and street trees c. S. Hill Ave.: 11-foot sidewalk (including 5-foot tree well and furniture zone), 10-foot driving lane, curb & gutter, streetlights and street trees d. S. Duncan Ave.: 12-foot sidewalk (including 6-foot tree well and furniture zone), 9- foot driving lane, curb & gutter, streetlights and street trees e. An assessment for off -site street improvements at Hill and Center Street shall be paid in the amount of $18,500 prior to building permit f. A tree escrow payment of $16,200 shall be paid for 24 street trees. gThe project Shall i ingrade- the %eiafer lino in Duncan A.veni ie along the project Street frontage from a R" cast iron nine to a 12" diameter 1AGUO line /ann—imafely 425 linear A&O A fee -in -lieu shall be paid in the amount of $100,000 towards the cost of upgrading the water line in Duncan Avenue along the property's street frontage from a 6" cast iron pipe to a 12' diameter pipe (approximately 425 linear feet). The fee -in -lieu shall be paid prior to grading permit. Subdivision Committee recommended in favor but did not provide a recommendation on the proposed off -site street assessment. 5. Parkland dedication fees -in -lieu in the amount of $201,824 with final fees to be determined and paid prior to the issuance of any building permits. Credit has been applied for the existing 54 residential units to be removed in the construction of the project. Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 6 of 50 6. Conditions of approval from Engineering and Urban Forestry are included in the official conditions of approval, attached hereto, and including: Standard conditions of approval: 7. Development review comments (to include written staff comments provided to the applicant or his representative, and all comments from utility representatives: Black Hills Energy, AT&T, Ozarks Electric, SWEPCO, and Cox Communications); 8. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, and tree preservation. The information submitted for the development review process was reviewed for general concept only. All public improvements are subject to additional review and approval. All improvements shall comply with the City's current requirements; 9. Contact the City's Emergency 911 Address Coordinator for addressing prior to building permit; 10. Prior to the issuance of a building permit the following is required: a. Grading and drainage permits; b. Separate easement plat for this project that shall include the tree preservation area and all utility and access easements; c. Exterior lighting package must be provided to the Planning Division; d. A cost estimate for all required landscaping is to be submitted to the Landscape Administrator for review. Once approval is gained, a guarantee is to be issued (bond/letter of credit/cash) for 150% of the cost of the materials and installation of the plants. This guarantee will be held until the improvements are installed and inspected, at the time of Certificate of Occupancy; e. An on -site inspection by the Landscape Administrator of all tree protection measures prior to any land disturbance; f. Project Disk with all final revisions; and g. Completion of all required improvements or the placement of a surety with the City (letter of credit, bond, escrow) as required by Section 158.01 "Guarantees in Lieu of Installed Improvements" to guarantee all incomplete improvements. Further, all improvements necessary to serve the site and protect public safety must be completed, not just guaranteed, prior to the issuance of a Certificate of Occupancy. Planning Commission Action: ® Denied O Tabled O Approved MOTION TO APPROVE, FINDING Meeting Date: January 13, 2025 In favor of variance to §166.08(D)(5), Street Standards; In favor of variance to §166.23(C)(4)(a), Pedestrian Circulation; In favor of the recommended street improvements; Motion: In favor of the recommended right-of-way dedication, and All other conditions as recommended by staff, EXECEPT Amending amending condition 4(g) to require a fee -in -lieu of $100,000 to be paid prior to the Second: issuance of a grading permit GULLEY/MADDEN Vote: 4-4-0 (GULLEY, WERNER, GARLOCK, AND MADDEN OPPOSED) Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 7 of 50 BUDGET/STAFF IMPACT: None Attachments: • Staff Exhibits o Engineering Memo o Applicant Cost Estimate and Water/Sewer Notes o Urban Forestry Memo o Intersection Exhibit with Right -of -Way • Applicant Exhibits o Cover Letter o ROW Determination Request Letter o Variance Request Letter o Site Plan Excerpts o Elevations • One Mile Map • Close Up Map • Current Land Use Map LEGAL MEMO (ADDED PRIOR TO ENGINEERING MEMO) Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 8 of 50 IILAk OFFICE OF THE CITY ATTORNEY DEPARTMENTAL CORRESPONDENCE TO: Planning Commission FROM: Blake Pennington, Senior Assistant City DATE: January 13, 2025 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal Attor le RE: LSD-2024-0029 — Verve Water Line Recommendation I continue to have concerns with the City's attempt to require this developer to bear the entire cost of installing a line that they don't appear to need to serve the development. At the last Planning Commission meeting, the consensus was that this was not needed or that the development only generated a portion of the need for this upsizing. The memo from Utilities Engineer Corey Granderson says the need is "unclear" and that "nearby diameters appear adequate." Despite this unknown need, staff from the Engineering Division and Utilities Department continue to recommend that the Planning Commission add a condition of approval that this project be responsible for the upsizing of a 6" water main to a 12" water main as recommended in the City's 2017 Water Master Plan. The circumstances on the other projects that upsized another portion of this grid may or may not have been the same — I haven't seen those reports to know why the upsizing was done there. It is entirely possible that in applying the rough proportionality test, it was determined that the development had such an impact on water needs that it justified requiring the improvement. The City collects impact fees for just this reason. By my calculation, this developer will be paying about $350,000 in impact fees. Requiring payment of another $200,000-375,000 for an improvement that we want but that they do not need has real legal risk. The rough proportionality test we are required to use is not based on the dollar amount of the infrastructure improvements we require relative to the overall cost of the project. It is based on the relative impact of this development on our infrastructure. It seems at this point that the development's impact is speculative. The City would be in a stronger position to require this developer to bear the full cost or a portion of the cost if we had actual evidence that the need for this upsizing is created in part by this development. Here are the options I see that the Planning Commission has: 1. If you have enough information to determine what impact this development has on the need for the upsizing of this line, you could add a condition that the developer pay a fee equal to its proportionate share of the need in lieu of paying the full cost of and constructing the improvement. 2. You could add a condition that the developer pay a fee equal to its proportionate share of the need for this improvement after a water needs study has been completed. This option kicks the can down the road but the fee paid would be based on a valid engineering study. I do not see, based on the information we have today, that the City can legally require this developer to bear the entire cost of constructing this improvement. The City could enter into a cost share agreement with this and other developers in the area to spread that burden among the developments creating this need. Such a cost share would require City Council approval and I do not recommend making this a requirement that could hold up the development if they are unable to reach an agreement with a third party (or even the City). (1 nnnlncinn The City Council, through its adoption of the Unified Development Code, has charged the Planning Commission with the task of requiring on site improvements "that are roughly proportional and bear a rational nexus to the impact of the development" UDC § 166.04(A)(3). Applying this test when you are considering every development will ensure the City's requirements for projects are legally defensible. OA im • CITY OF FAYETTEVILLE ARKANSAS January 9, 2025 Melissa Boyd, PE Staff Engineer Re: Waterline Upgrade Requirements for Verve Development Melissa, Please accept this memo as the Utility Division's recommendation that the Verve be required to extend a 12-inch diameter waterline along their western frontage in Duncan Avenue. Our Water Master Plan has recommended 12-inch waterlines be constructed as development occurs on a roughly half -mile grid to support development needs, fire flows, and reliability of infrastructure for infill development. As you know, the two student housing oriented developments just north of this site have extended 12-inch waterlines along their frontages in this manner. From a capacity standpoint it is unclear if the development demands can be provided without exceeding specification velocity limits. While nearby diameters appear adequate, the dense nature of this infill area would suggest that existing demands, topography, and pipe inner wall tuberculation could cause unacceptable velocities in the vicinity. This would need to be modelled more closely through our hydraulic water model (held by Olsson). Please let me know if this needs to be coordinated. Hydrants in the vicinity that would be used in the event of an emergency need to be considered from a reliability standpoint. A new 12-inch waterline extension as recommended would provide an excellent level of reliability in this vicinity to ensure that if large flows are needed to fight a fire, the pipes flowing this water would be robust and unlikely to fail. In the same manner that existing roads and sidewalks are considered unfit for this level of infill, underground utilities that have historically served a few homes and small apartments and are reaching the end of their useful life should rationally be replaced as Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteviIIe-ar.gov Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 9 of 50 well. A cost estimate was provided showing the waterline costs to be approximately $375,000. 1 have provided feedback demonstrating that this appears high and can likely be accomplished in the $200,000 range. Best, Corey W. Granderson, P.E. Utilities Engineer City of Fayetteville, Arkansas cgranderson@fayetteville-ar.gov 479.444.3452 www.fayetteville-ar.gov CIfO� FAYETTEVILLE ARKANSAS Planning Commission January 13, 2025 LSD-2024-0029 (VERVE)Page 10 of 50 - CITY OF FAYETTEVILLE ARKANSAS TO: Donna Wonsower, Planner FROM: Chris Brown, Public Works Director/City Engineer DATE: December 2, 2024 SUBJECT: Planning Commission Engineering Comments for LSD-2024-0029 191 S. Hill Ave. The Verve STAFF MEMO Water: The applicant is proposing to connect to an existing 8" water line in Treadwell Street for domestic service and fire protection. On behalf of Water and Sewer, staff is recommending that the Planning Commission add a condition that this project upgrade the water line in Duncan Avenue along the project street frontage from a 6" cast iron pipe to a 12" diameter water line. This length is approximately 425 linear feet (LF). This will help establish the %-mile 12" water line grid recommended in the 2017 Water Master Plan: "a 12-inch water transmission main grid is recommended to help support fire flows and to supply peak demands within the system. The recommended spacing of the transmission main grid is approximately one-half mile. In practice, the line spacing will depend on the corridors available for water line construction, the location of existing and future streets and the pattern of development in a given area. " In the vicinity of this project, a 12" water line extends from Center Street to Treadwell Street along Duncan Avenue. The logical 12" water line loop would extend towards Fayetteville High School at the intersection of Buchanan Avenue and Bulldog Boulevard, where another 12" water line exists. Future infill development will install the remaining 1,020 LF to complete this loop beyond the project's frontage. This loop, once completed, will provide more resilient and reliable service to this development and others in the area. It should be noted that the applicant has responded to this recommendation made at Subdivision Committee and has indicated that they should not be responsible for this connection. Because of the relative locations of the existing water and sewer lines along Duncan, the only feasible location within the street right of way is on this development's side of the street centerline. Therefore, this recommendation stands. Other than this water line extension, the city utility requirements are minimal and consist of only water line connections to serve the building and a short sewer line extension. Sewer: Adequate sewer capacity is available from an 8" line in Duncan Ave. A short sewer extension is proposed along Putman to collect sewer services from the site to the line in Duncan. The city's sewer master plan consultant was engaged by the developer to review the project impact on sewer capacity and has confirmed that downstream sewer capacity is adequate. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov LSD-2024- Streets: Typical street improvements are required on all sides of the development. Changes to the traffic patterns include a converting the two-way stop to all way at Putman and Hill and intersection changes at Treadwell and Duncan to create a pedestrian plaza. In addition, the traffic study indicates a reduced level of service at Hill and Center Street. Therefore, an assessment for street improvements (a traffic signal, turn lanes, or other improvements) at this intersection is recommended based on the increased traffic at the intersection. The traffic study provided by the developer's consultant indicates that this development will contribute 3.7% of the total future traffic at the Hill/Center Intersection. Using this 3.7%, and a documented cost of $500,000 for intersection signalization, an assessment amount of $18,500 is recommended. Again, while a signal is used for the basis of this calculation, detailed study of the intersection may recommend other improvements. Drainage: The development must meet the 4 minimum standards outlined in the City's Drainage Criteria Manual. A hydrodynamic separator is proposed to meet Minimum Standard 1. Minimum Standards 2-4 are proposed to be met through the use of underground detention at the southeast corner of the site. In addition, an offsite storm drain will be installed along Hill Avenue to near Center Street to connect the detention facility to the existing storm drain system. Standard Comments: 1. All designs are subject to the City's latest design criteria (water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. 2. Any damage to the existing public street due to construction shall be repaired/replaced at the owner/developers expense 3. All public sidewalks, curb ramps, curb & gutter, and driveway aprons along this project frontage must meet ADA guidelines and be free of damage. Any existing infrastructure that does not conform to ADA guidelines or is otherwise damaged must be removed and replaced to correct the issue. Coordinate with the engineering department for inspection of existing facilities to determine compliance. 4. Water and sewer impact fees will apply for the additional impact to the system. The fees will be based on the proposed meter size and will be charged at the time of meter set. 5. Note, the following portions of all projects will typically not be reviewed by the Engineering Division until time of construction -level review (unless specifically requested at plat review): o Storm Sewer pipe/inlet sizing, gutter spread, profiles, or utility conflicts o Sanitary Sewer pipe sizing, profiles, or utility conflicts o Waterline fittings, callouts, or utility conflicts o Street profiles o Fine grading/spot elevations LSD-2024- APPLICANT RECOMMENDED COST ESTIMATE FOR 12" WATER LINE UPGRADES N N O 0 W V 0 CT A W N r m w (7 w Z w 0 m w 0 0 y = M O M 0* M M M n fp Cl7 (p a 0 v 3 m d 3 H 0 0 0 o a CD 7 O A x C r 0 O N fD N N O u = 7 �0OQ 0 3 oM lu n 'O m p N _ �c y x yi ■ C1 v y to O) w 3 3 fl; co 3�+ d 0 m 0 m 3 r x O m N O ?C O N N 01 y m .yi co v > in 3 = oCD 3 m CA � oa (A0 A m 0 ^' v d 0 0 0 y Z O r9 can (D n C Q � a m o Q o m N N co 00 Ln N v (P W W u' w O 00 w O O W w O T T T T C O W D T1 m :i 69 dq Vi EA {A d9 Hi bT lbl� b`1 C 7 O , C9 O en O w 0) CR (!� 0 0 0 0 0 ►+ CJ� O IDO O O O O O o O O O O O O O O O O O N H9 EA <R 40 EA 44 EA 6% EA (A 1.4 44 (A EA N }W+ r r N N V V A A N .Ln N QI N O W N O W O W A 'A d w i-+ CD O � c" (D O r W p0p�� A A C O o o v a o O w o 0 b o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00000 11 0 o a o 3, 3 O1 3 3 LSD-2024- �r o O COD Q. a m O O- m' cD o Q cD w w WATER AND SEWER COMMENTS ON COST ESTIMATE n O_ O w - S w 3 O Q-O — c (c n m M O m oc(n0 � c = m O O n n c CT (D < :�'w a '_� 3 J 3 w a c a a• w 0-m 00 o » p :0 (� (D n� m O- n O O O 3' _0� m (D C m O (D (D O 0 m U) n0 O CD � m O (D •J m 3 O m ;�E ~~~ N N O (O W V CA Cn A W N N m m 0 m Z m N m m W p 4 m w O m n, r' m f a m 9 m m x 2 m 3 w g m w n c a, m F CA << < m m i v n m [° D D 1 m a 0 3 x C w o O (m N o� m m r .. m o d n 3?. ^; ^: o: X m OQ O -1 G w 7mC NID C < < N c 3 = rn m V1 CD xx m m m w N O y x c m w N N p D c O Q m OQ 7 3 F 3 O 3 w a o CA - m N c (n n m _ o m O O Z in < < m v, Q a 0 E n+ m y c n a n N c o Q °i o d cn p zT 70 w CD O O O O ZT C7 m _ w �. m W N U7 v W C) O O o f+ w (n o cn ((D o r N r 0 m r T -n Cn -< D T m { -n -n (A (A (A (A (A (A (A (A (A (A C 7 N r o A 0 C cn r r O W O Cn O m O V U7 w O o 0 w O o N (n O O O o 0 0 co O Cn O O O O O O O o O O O ER (A (o (A EA (A (A (fl (A (A (A (A (A (A (A V (n N N f+ N N V V A A Cn N N m N O b0 N P. W o W A o W (n r+ w O m N w o m A ^ ao v o 0 o 0 o m o w V (n A A o O O O V O O O W O O CD O o O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 LSD-2024- I� CITY OF FAYETTEVILLE ARKANSAS URBAN FORESTRY LANDSCAPE PLAN COMMENTS To: Adam B. Osweiler, PE, McClelland Consulting Engineers, Inc. From: Willa Thomason, Urban Forester CC: Donna Wonsower, Planner Meeting Date: December 9, 2024 Subject: LSD-2024-0029: Verve: 191 S. Hill Ave., 522 1. General Landscape Plan Checklist Yes No N/A a. Irrigation (notes either automatic or hose bib 100' o.c.) X UDC Chapter 177.03C7g, 177.04B3a b. Species of plant material identified X UDC Chapter 177.03C7d,e c. Size of plant material (minimum size 2" caliper for trees and 3 gal. shrubs) X UDC Chapter 177.03C7b,c d. Soil amendments notes include that soil is amended and sod removed X UDC Chapter 177.03C6b e. Mulch notes indicate organic mulching around trees and within landscape beds X UDC Chapter 177.03C6c,d f. LSD, LSIP, and Subdivisions (PPL & FPL) plans stamped by a licensed X Landscape Architect, others by Landscape Designer UDC Chapter 177.03B g. Planting bed contained by edging X UDC Chapter 177.03C6f h. Planting details according to Fayetteville's Landscape Manual X UDC Chapter 177.03C6g i. Provide information about 3-Year Maintenance plan. The owner shall deposit X with the City of Fayetteville a surety for approved landscape estimate. UDC Chapter 177.05 A2g 2. Parking Lot Requirements 1 Tree : 12 Parking Spaces Yes No N/A a. Side and Rear Property Lines (5' Wide Landscape Area) X UDC Chapter 177D1 LSD-2024- b. Wheel Stops/Curbs Yes UDC Chapter 177.04B1 c. Narrow Tree Lawn (8' min. width, 37.5' length) X UDC Chapter 177.04C d. Tree Island (8' min. width, 18.7' min length, 150 square feet) X UDC Chapter 177.04C e. Placement of Trees (either side at entrances and exits) X UDC Chapter 177.04C2 3. Perimeter Landscaping Requirements Yes No N/A a. Front Property Line (15' wide landscape) and 5' on sides and rear. X UDC Chapter 177.04D2a b. Shade trees planted on south and west sides of parking lots X UDC Chapter 177.04D2e c. Screening of parking lot from adjacent residential properties. X 4. Street Tree Planting Requirements Yes No N/A a. Residential Subdivisions X 1 Large Shade Species Tree per Lot UDC Chapter 177.05B1a b. Non -Residential Subdivisions X 1 Large Species Shade Tree every 30' (planted in greenspace) UDC Chapter 177.05B2a c. Urban Tree Well — Urban Streetscapes X Trees every 30' (8' sidewalk) UDC Chapter 177.05B3a-f d. Structural Soil — Urban Tree Wells X Include a note and/or detail of structural soil on Landscape Plan UDC Chapter 177.05B3a-f e. Residential Subdivisions X Timing of planting indicated on plans UDC Chapter 177.05A4 f. Residential Subdivisions X Written description for method of tracking planting UDC Chapter 177.05A4e 2 LSD-2024- 5. Landscape Requirement Totals Mitigation Trees Parking Lot Trees Street Trees Detention Pond — Large Trees (1 Tree/3,000 square feet) Detention Pond — Small Tree/Large Shrub (4 small trees or large shrubs/3,000 square feet) Detention Pond — Small Shrubs/Large Grasses (6 shrubs or grasses (1 gallon)/3,000 square feet) 6. Review Status (See Comments) Conditionally Approved Approved Tabled Denied 54 required 30 provided 24 paid into escrow 0 43 N/A N/A N/A ech Plat Subdivision Planning Committee Commission 10-14-24 11-27-2024 12-03-2024 11-6-2024 Appeal Process: A final administrative determination by the Urban Forester may be appealed in accordance with Chapter 155 of the Unified Development Code. Comments 1. Address items above marked "No" and all Redlines provided. 3 LSD-2024- URBAN FORESTRY (Ak TREE PRESERVATION COMMENTS CITY OF 1111AYETTEVILLE ARKANSAS To: Adam B. Osweiler, PE, McClelland Consulting Engineers, Inc. From: Willa Thomason, Urban Forester CC: Donna Wonsower, Planner Meeting Date: December 9, 2024 Subject: LSD-2024-0029: Verve: 191 S. Hill Ave., 522 1. Submittal Requirements Yes Initial Review with the Urban Forester X Site Analysis Map Submitted (if justification is needed) X Site Analysis Written Report Submitted (justification is needed) X Complete Tree Preservation Plan Submitted X Tree Mitigation Table on Plans X Tree Preservation Wavier Submitted (only use if no trees onsite or near P/L) 2. Tree Preservation Calculations No N/A X Tree Preservation Calculations Square Feet Square Feet Percent of site Total Site Area *Minus Right of Way and Easements 125,692 100% Zoning Designation * Select Below with drop down arrow MSC, Main Street Center 12,569 10% HHOD * Select Below with Drop Down Arrow No 0 0% Total Canopy for Minimum Preservation Requirements 12,569 10.0% Existing Tree Canopy * Minus Right of Way and Easements 38,813 30.9% Tree Canopy Preserved 0 0.0% Tree Canopy Removed *On Site 38,813 30.9% Tree Canopy Removed *Off Site 0 Tree Canopy Removed Total 38,813 30.9% Removed Below Minimum 12,569 Mitigation Requirements 12,569 LSD-2024- Mitigation Alternatives Bdensive Green Total Mtigition Pad Square Oreditper SF SFFeduction FaoUW 1800 2.5 720 Mit ation Requirements CanopV Below Re uirments Sq. Ft. Preservation Priority Type Forestation Base Density/Acre Number of 2" Caliper Trees to be Planted 11,849 High Priority 200 54 Low Priority 100 0 •MRIGATION REQUIREMENTS - TREE PRESERVATION CALCULATIONS - MITIGATION ALTERNATIVES (GREEN ROOFS) Mi t i gat i on Trees Required Mitigation Trees Provided #ofTreesforTree Total Amount for Tree Escrow EscrowAccount 54 30 24 $ 16,200.00 3. Mitigation Requirements Canopy below requirement High Priority 12,569 Low Priority Total Mitigation Trees Required 12,569 4. Mitigation Type Yes On -Site Mitigation X Off -Site Mitigation Tree Escrow (See Conditions of Approval) X 5. Tree Preservation Plan Checklist UDC Chapter 167.04H 1 and 167.04L 1 a. 5 year Aerial Check on Existing Trees b. Property Boundary c. Natural Features (100ft beyond limits of disturbance) d. Existing Topography and Proposed Grading e. Soil Types f. Significant Trees g. Groupings of Trees h. Table Inventory List (species, size, health, priority) Number of 2" caliper trees to be planted 54 trees required 30 trees provided 24 trees paid into escrow ($16,200) 54 No N/A Tech Subdivision Planning Plat Committee Commission Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes LSD-2024- i. All Existing and Proposed Utilities j. All Existing and Proposed Utility Easements and ROW's k. All Streams (with approximate center line) I. Floodplains and floodways m. Existing Street, Sidewalk or Bike Path ROW n. Submitted Site Analysis Plan (if required) o. Shows ALL Proposed Site Improvements p. Delineates trees/canopy to be preserved and removed q. Tree Preservation Easement/s shown for LSD, LSIP and Commercial PPL projects Tree Protection Methods a. Tree Protection Fencing b. Limits of Root Pruning c. Traffic flow on work site d. Location of material storage e. Location of concrete wash out f. Location of construction entrance/exit 6. Site Analysis Report (if required) UDC Chapter 167.04H4 a. Provide graphic examples of multiple options used to minimize removal of existing canopy b. Submitted Analysis Statement — Note the process, iterations, and approaches to preserve canopy. 7. Review Status (See Comments) Conditionally Approved Approved Tabled Denied No Yes Yes No Yes Yes N/A N/A N/A N/A N/A N/A Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes No N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Yes No N/A X R —Tech Plat Subdivisio Planning Committee Commission 10-14-24 11-27-2024 12-2-2024 11-13-24 Appeal Process: A final administrative determination by the Urban Forester may be appealed in accordance with Chapter 155 of the Unified Development Code. Comments 1. Address items above marked "No" and all Redlines provided. 2. Approved under the condition that $16,200 will be paid into the tree escrow account in lieu of planting 24 additional mitigation trees. LSD-2024- _CITY OF FAYETTEVILLE ARKANSAS TO: Planning Division FROM: Zach Foster, Parks Planning DATE: October 11, 2024 SUBJECT: Parks & Recreation Technical Plat Review Comments PRAB Meeting Date Project Title: Project Number: Project Location: Plat Page: Park Quadrant: September 4, 2024 VERVE Apartments LSD-2024-0029 191 S Hill Ave 522 SW Billing Name & Address: Multiple Owners and Parcels ❑ Land Dedication ® Fee -in -Lieu ❑ Combination FEE -IN -LIEU TOTAL Single Family: 0 units x $1,089 per unit = $ 0 Fees Multi Family: 212 units x $952 per unit = $201,824 $201,824 SUMMARY: ■ Project proposes 0 SF units and 212 MF units. ■ Note: This project is only charged for 212 of the 266 total multi -family units because 54 residential units were removed in the process of this project. ■ Note: PLD fees categorize single-family units as residential buildings with one or two residential units under a single roof. This project has two duplex buildings containing four single-family units. The triplex and quadplex buildings are categorized as multi -family units. ■ The final amount of fee -in -lieu and/or land dedication needed to satisfy Parkland Dedication requirements will be determined after Planning Commission's approval of this project. ■ Current fee -in -lieu and/or land dedication rates will be applied regardless of when project was approved by PRAB. ■ Prior to final receipt by the city, all fees must be paid and any deeds for parkland dedication property must be: o Approved by the City's Land Agent in the Engineering Division. o Recorded at the Washington County Courthouse. ■ Each additional housing unit that is constructed in Fayetteville places an increased demand on the Parks and Recreation system. The money collected as part of this project will be used to fund future park acquisitions and improvements for this park quadrant. Mailing Address: 113 W. Mountain Street Fayetteville, AR 72701 LSD-2024- ai.gov McCLELLAND CONSULTING "CE aummumm ENGINEERS, INC. October 1, 2024 CITY OF FAYETTEVILLE ARKANS ARKANSAS Jessie Masters City of Fayetteville, Planning Department 125 W. Mountain Street Fayetteville, AR 72701 1580 East Stearns Street Fayetteville, AR 72703 (479) 443.2377 P 1 (479) 443.9241 F mr.P_us rnm RE: VERVE Student Housing Project Large Scale Development Narrative and ROW Determination Exhibit Ms. Masters, On behalf of Subtext Living, I am writing to provide a summary of the proposed VERVE Student Housing project, located generally at the intersection of W. Treadwell St. and S. Hill Ave. This development includes the following addresses: 707 W. Treadwell St., 191 S. Hill Ave., and 92 and 98 S. Duncan Ave. The property is currently zoned as Main Street Center. The proposed project consists of a single building comprising approximately 266 residential units with associated on -site parking. In addition, the development will feature on -site drainage and detention, utilities, landscaping, site amenities, and a dedicated dog park, all designed to support the functionality and aesthetics of the building. The primary goal of this project is to provide quality housing for local students and community members who may otherwise struggle to find adequate accommodations. In alignment with the current Master Street Plan, the project also includes right-of-way (ROW) dedication, road widening, and street section improvements along the frontages of W. Treadwell, S. Hill, S. Duncan, and W. Putman streets. A ROW determination letter, coordinated with city planning staff, is attached as an exhibit to further outline these improvements. As part of the Large Scale Development (LSD) process, we are requesting a single variance. As detailed in the attached Right -of -Way (ROW) determination letter, we are proposing an additional 3.5 feet of dedicated ROW along W. Putman St. to meet the drive lane width requirements outlined in the Master Street Plan. The existing conditions on the southern half of W. Putman St. present limitations, and this variance seeks to address those challenges. By expanding the ROW, the project can accommodate a 10- foot-wide drive lane and a 7-foot-wide parking lane, as required by the Residential Link street section standards. This adjustment will ensure two 10-foot-wide driving lanes along W. Putman St., promoting safe and efficient traffic flow until the southern half —outside the scope of this project —can be upgraded in the future. If the requested variance is not granted, and the additional 3.5 feet of ROW is not allowed, W. Putman St. would be constrained to two 8.25-foot-wide drive lanes until future improvements are made to the southern half of the street. LSD-2024- RE: VERVE Student Housing Project — LSD Submittal Narrative Should you or any other city staff have any questions or require additional information regarding this project, please do not hesitate to contact me at your convenience. Sincerely, McClelland Consultinq Engineers, Inc. Haam es. vsweiier rc Senior Project Manager McCLELLAND REECONSULTING ENGINEERS, INC. (479) 443.2377 Page 12 REECONSULTINGD�1KMCn LSD-2024- McCLELLAND firr,E� CONSULTING ENGINEERS, INC. October 1, 2024 CITY OF W04.0 FAYETTEVILLE ARKANSAS Jessie Masters City of Fayetteville, Planning Department 125 W. Mountain Street Fayetteville, AR 72701 1580 East Stearns Street Fayetteville, AR 72703 (479) 443.2377 P 1 (479) 443.9241 F mr.P us rnm RE: VERVE Student Housing Project — ROW Administrative Determination Ms. Masters, For the proposed residential development of 2.9 acres at S. Hill Avenue and W. Treadwell Street, the project requests a Right -of -Way Administrative Determination for the W. Treadwell Street, W. Putman Street, S. Duncan Avenue, and S. Hill Avenue. These streets are classified as Residential Link by Fayetteville's Master Street Plan. All four streets are continuous across the full north, east, and west fagades of the project. The relationship of the proposed full building site to the street rights -of -way is demonstrated in the Site Plan sheet of the attached exhibit. After speaking with city staff and reviewing the existing site conditions of the adjacent and surrounding roadways, the attached exhibit reflects the following proposed ROW allowances per Fayetteville's Master Street Plan. The project scope includes a parking deck on the property with adequate stall counts (345 stalls provided vs 341 stalls required) to accommodate all on -site occupants. The attached exhibit includes the parking stall requirement/proposed calculations for reference, as well located at the end of this letter. This eliminates the need to provide the maximum 52' width (26' half ROW dedication width) of Residential Link ROW with on -street parking. However, two of the adjacent roadway sections proposed include on -street parking (29.5' ROW dedication) to reflect recent roadway improvements in the area, as well as help promote safety and walkability to surrounding neighborhoods, businesses, and a potential on -site dog park. Should this ROW Administrative Determination be accepted, W. Treadwell St. and W. Putman St. would dedicate 29.5' of ROW and roadway improvements to include a parking lane, and S. Duncan Ave. and S. Hill Ave. would dedicate 22.5' ROW and roadway improvements that would not include a parking lane. W Putman St The below dimensions are based on the city's MSP, and help continue improvements of the existing roadway, tree wells and street furnishings zone, and pedestrian pathways along the opposing sides of the centerline from the proposed project. 29.5' ROW Provided - 10' wide drive lane (additional 3.5' needed to obtain adequate drive lane widths) - 7' wide parking lane LSD-2024- RE: VERVE Student Housing Project — ROW Administrative Determination - 0.5' curb - 6' tree well and street furnishing zone - 6' sidewalk W. Putman Street: Existing off-street parking is currently located along the south side of W. Putman Street. Due to this condition, the north side of W. Putman St. is proposed to include a 7' wide parking lane so that the south side may remain in place and functional since it would not warrant on -street parking in its current state. This roadway dedication would require additional ROW be dedicated so that the minimum driveway widths are obtained since there is only 10.63' of asphalt paving south of the centerline. This project warrants more ROW be dedicated (29.5' vs 26') so that there can be two full lanes of traffic (19' total) as well as a on -street parking. W. Treadwell St. The below dimensions are based on the city's MSP, and help continue improvements of the existing roadway, tree wells and street furnishings zone, and pedestrian pathways along the opposing sides of the centerline from the proposed project. 26' ROW Provided - 6.5' wide drive lane - 7' wide parking lane - 0.5' curb - 6' tree well and street furnishing zone - 6' sidewalk W. Treadwell Street: Along the north side of W. Treadwell Street, improvements were made during the Atmosphere housing project that do not include on -street parking. To complete the full MSP section, the south side of W. Treadwell St. is proposed to include the 7' wide parking lane, as well as additional street section improvements. The parking stalls are being proposed so that visitors and surrounding community can utilize any on -site amenities. S. Duncan Avenue and S. Hill Avenue The below dimensions are based on the city's MSP, and help continue improvements of the existing roadway, tree wells and street furnishings zone, and pedestrian pathways along the opposing sides of the centerline from the proposed project. 22.5' ROW Provided - 9' wide drive lane (10' wide drive lane on S. Hill to accommodate bus traffic) - 1.5' curb/gutter - 6' tree well and street furnishing zone (5' width on S. Hill to accommodate 1' wider drive lane for bus lane) - 6' sidewalk S. Duncan Avenue: Just north of the project site, S. Duncan Ave. was improved between the Atmosphere and Cardinal residential projects. Along the west side of S. Duncan Avenue, on - street parking was provided to accommodate the MSP. When Atmosphere was constructed, mcEMcCLELLAND CONSULTING Page 12 LSD-2024- RE: VERVE Student Housing Project — ROW Administrative Determination additional on -street parking was provided to accommodate the project's parking counts. To stay in line with the previous design, and since the proposed on -site parking deck will accommodate the on -site occupants, no on -street parking is proposed along S. Duncan Avenue. S. Hill Avenue: Just north of the project site, S. Hill Ave. was improved along the west side of the street during the Atmosphere project. To keep in line with the roadway alignment, and since no on -street parking is needed for this project due to the proposed on -site parking deck, the roadway section for this portion of S. Hill Ave. does not include a 7' drive lane. S. Hill will also have an additional 1' of driveway width to accommodate bus traffic per comments made by planning staff during the conceptual and pre -application meetings. Parking Stall Site Data Table SITE DATA OVERALL SITE AREA 167,749 S.F. 3.85 AC PARKING SPACES REQUIRED PROVIDED STANDARD PARKING STALLS 341 345 COMPACT PARKING STALLS 188 192 ADA PARKING STALLS 11 11 TOTAL 540 548 PROVIDED ON -SITE PARKING SPACE BY LEVEL STANDARD PARKING STALLS COMPACT PARKING STALLS ADA PARKING STALLS LEVEL B1 59 33 LEVEL01 52 21 4 LEVEL 02 52 26 2 LEVEL03 52 26 2 LEVEL04 52 27 1 LEVEL05 S2 27 1 LEVEL06 26 32 1 TOTAL 345 192 11 NOTE: 827 BEDS ARE BEING PROVIDED ON -SITE. A PARKING REDUCTION OF 287 SPACES (124 BECAUSE OF PROXIMITY TO A BUS STOP, 80 BECAUSE MOTORCYCLE PARKING WILL BE PROVIDED, AND 83 BECAUSE BIKE PARKING WILL BE PROVIDED) IS BEING APPLIED. O NS� r GD REF Page 13 LSD-2024- RE: VERVE Student Housing Project — ROW Administrative Determination Should you or anyone else at the city have any comments or questions regarding this request, please feel free to reach out at any time. Sincerely, McClelland Consulting Engineers, Inc. Adam B. Osweiler PE Senior Project Manager INEECONSULTINGMcCLELLAND rawwwwrim ENGINEERS, INC. (479) 443.2377 aosweiler(a)mce.us.com REFCONSULTINGMcCLELLAND Page 14 LSD-2024- McCLELLAND CONSULTING "CE aummumm ENGINEERS, INC. November 26, 2024 CITY OF FAYETTEVILLE ARKANS ARKANSAS Planning Commission City of Fayetteville 125 West Mountain Street Fayetteville, AR. 72701 1580 East Stearns Street Fayetteville, AR 72703 (479) 443.2377 P 1 (479) 443.9241 F mr.P_us rnm RE: VERVE Student Housing Project — Variance Request Letter (LSD-2024-0029) Planning Commissioners, This letter serves as a formal variance request for the proposed 3.85-acre residential development at S. Hill Avenue and W. Treadwell Street. We are requesting two (2) variances from City code for the development with the Planning Department's support. Below are the variances requested, along with information pertinent to the variance to be considered by the Planning Commission, and references of the specific section of the Unified Development Code proposed to be varied. Variance Request #1: UDC 166.23.C.4.a Ground Level Dwelling Unit Entries This request is relative to a few of the "ground level" units located on the perimeter of the project. There are a total of 18 units that would be considered ground level per the Unified Development Code and therefore require a direct connection to the adjacent sidewalk. We are able to provide the development code -required direct connection to 10 dwelling units as indicated on the diagram plans attached that easily provide this connection. Also refer to rendering on page 7 of the Isd elevation submittal document for the typical street experience. However, there are eight dwelling units located around the block that due to existing grade, topography and our Grade Plan Determination as approved by the Building Official, are not feasible or practical to provide the direct connection as a stoop. Refer to the building section diagram on the attached image. These ground level dwelling units that we are requesting a variance for are on average 7'-8' above the sidewalk level. We are providing patios at these locations that are perched above the sidewalk, so there is still a strong visual connection to the urban way. Variance Request #2: UDC 166.08.D.5 MSP Street Standards Currently, off-street parking is located along the south side of W. Putman Street, rendering on - street parking on this side unnecessary. To maintain the functionality of this existing parking, the LSD-2024- RE: VERVE Student Housing Project — Variance Request Letter proposed plan includes a 7-foot-wide parking lane on the north side of W. Putman Street. Refer to the ROW Determination Letter and LSD site plan for reference. To achieve the required minimum drive widths, additional ROW dedication is proposed on the north side of W. Putman Street due to the limited 10.63 feet of asphalt paving south of the centerline. Accordingly, this project requests a ROW dedication of 29.5 feet (instead of the standard 26 feet), which will allow for two full traffic lanes (19 feet total) along with the proposed on -street parking. The request would be for an additional 3.5' of ROW dedication to achieve an adequate street section and reflect the MSP intent for Residential Link streets. Due to the fire marshal's requirement for two aerial fire apparatus access roadways along the property's perimeter, both street sections on S. Duncan and S. Hill must be modified to provide a 26-foot-wide clear zone for vehicle maneuverability and firefighting operations. To accommodate this, the greenspace currently planned behind the curb must be relocated. Tree wells and landscaping will now be positioned directly adjacent to the edge of the right-of-way, enabling fire trucks to travel along a 26-foot wide drive and set up anchor points along the sidewalk as needed. Should you or anyone else at the city have any comments or questions regarding this request, please feel free to reach out at any time. Sincerely, McClelland Consulting Engineers, Inc. Adam B. Osweiler PE Senior Project Manager INEFCONSULTINGMcCLELLAND rimmaymm ENGINEERS, INC. 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