HomeMy WebLinkAbout2006-12-05 - Agendas - Final Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody ® Ward 1 Position 2 - Brenda Thiel
City Attorney Kit Williams Tayvet
Ward 2 Position 1 - Kyle B. Cook
Ward 2 Position 2 — Nancy Gordon Allen
Ward 3 Position I - Robert K. Rhoads
City Clerk Sondra Smithele Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position 1 - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
December 5, 2006
A meeting of the Fayetteville City Council will be held on December 5, 2006 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
A. CONSENT:
1. Approval of the November 7, 2006 City Council meeting minutes.
APPROVED,
2. Class Action Suit to Recover City Taxes: A resolution to approve a contingent fee
contract with Elliot & Smith to represent the City on an intemet hotel broker tax
remittance issue.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 202-06,
3. Westside Village Condominiums: A resolution approving the Parks and Recreation
Advisory Board's recommendation to accept $ 138,336.00 in lieu of the required Park
Land Dedication for Westside Village Condominiums.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 203-06.
4. Operations Management International (OMI): A resolution approving Amendment
No. 14 to the contract with Operations Management International (OMI) in the amount of
$6, 104,447.88 for the operation and management of Fayetteville Wastewater Treatment
Facilities for 2006, and an increase of $ 153,000.00 for the cost of services in 2006; and
approving a budget adjustment in the amount of $ 153,000.00.
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0 0
PASSED AND SHALL BE RECORDED AS RESOLUTION NO, 204-06,
B. UNFINISHED BUSINESS:
1. R-PZD 06-2191 , University Club Tower: An ordinance establishing a Residential
Planned Zoning District titled R-PZD 06-2191 , University Club Tower, located north of
Lowe' s Home Center, east of College Avenue (Highway 71 ), containing approximately
10.39 acres; amending the Official Zoning Map of the City of Fayetteville; and adopting
the Associated Master Development Plan. This ordinance was left on the First Reading
at the November 7, 2006 City Council meeting. This ordinance was left on the Second
Reading at the November 21, 2006 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4954,
2, R-PZD 06-2256, 932 Garland: An ordinance establishing a Residential Planned Zoning
District titled R-PZD 06-2256, 932 Garland, located at 932 Garland, between Berry and
Hughes Street, containing approximately 0.84 acres; amending the Official Zoning Map
of the City of Fayetteville; and adopting the Associated Master Development Plan. This
ordinance was left on the First Reading at the November 7, 2006 City Council meeting.
This ordinance was left on the Second Reading at the November 21, 2006 City Council
meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4955,
3. Emerald Point ADM 06-2282 Appeal: An appeal of the Planning Commission' s
decision regarding ADM 06-2282 (Emerald Point). This appeal was Tabled at the
November 7, 2006 City Council meeting to the November 21, 1006 City Council
meeting. This appeal was Tabled at the November 21, 2006 City Council meeting to
the December S, 1006 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 205-06.
4. Sunbridge Villas R-PZD 06-2213 Appeal: An ordinance establishing a Residential
Planned Zoning District Tiled R-PZD 06-2213, Sunbridge Villas, located northwest of
Sunbridge Drive and Villa Blvd., containing approximately 20.92 acres; amending the
Official Zoning Map of the City of Fayetteville; and adopting the Associated Master
Development Plan.. This ordinance was left on the First Reading at the November 7,
2006 City Council meeting. This ordinance was left on the Second Reading at the
November 21, 2006 City Council meeting.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4956,
5, R-PZD 06-1884, Westside Village: An ordinance establishing a Residential Planned
Zoning District Titled R-PZD 06- 1884, Westside Village, located south of Wedington,
east of Rupple Road, containing approximately 21 .63 acres; amending the Official
Zoning Map of the City of Fayetteville; and adopting the Associated Master
Development Plan. This ordinance was left on the Second Reading at the November 21,
2006 City Council meeting.
THIS ITEM WAS TABLED TO THE DECEMBER 19, 2006 CITY COUNCIL
MEETING.
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6. ADM 06-2252 Future Land Use Map: A resolution adopting the Future Land Use Map
and associated text as part of the City Plan 2025 Comprehensive Land Use Plan for the
City of Fayetteville. This resolution was Tabled at the November 21, 1006 City Council
meeting to the December 5, 2006 City Council meeting.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 206-06.
7. Proposed 2007 Annual Budget & Work Program: A resolution adopting the 2007
Annual Budget and Work Program as approved and amended. This resolution was
Tabled at the November 21, 2006 City Council meeting to the December 5, 2006 City
Council meeting.
THIS ITEM WAS TABLED TO THE DECEMBER 19, 2006 CITY COUNCIL
MEETING.
C. NEW BUSINESS:
1. RZN 06-2320, Garner: An ordinance rezoning that property described in rezoning
petition RZN 06-2320, for approximately 0.75 acres, located at 904 15th Street from
RMF-24, Residential Multi-Family, 24 units per acre to C-2, Thoroughfare Commercial
with the Associated Bill of Assurance.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4957,
2. VAC 06-2315, Paul: An ordinance approving VAC 06-2315 submitted by Alan Reid &
Associates for property located at 2753 East Par Court, vacating a portion of the utility
easement located within the subject property.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 4958,
3. ADM 06-2322 North Street ROW Dedication Variance: A resolution reducing the
right of way dedication required from North Street centerline from 55 feet to 44 feet
accommodating the existing structure and proposed development for property located at
1104 N. College Avenue as described in item ADM 06-2322.
THIS ITEM WAS TABLED TO THE DECEMBER 19, 2006 CITY COUNCIL
MEETING.
4. ADM 06-2354 Garland Avenue ROW Dedication Variance: A resolution approving a
variance of the Unified Development Code Chapter 164. 12(F) Nonconforming Uses and
Structures, Repairs and Maintenance, and Chapter 166. 18 Master Street Plan Setbacks,
allowing the existing structure located at 1305 Garland Avenue to remain within the
Master Street Plan right of way and to be improved greater than the 10% allowed by
code, within the existing limits of the structure.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 207-06,
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0 0
5. Sales Tax 2006A Construction Fund: A resolution approving the creation of a new
fund to be called "Sales Tax 2006A Construction Fund;" and approving a budget
adjustment in the amount of $50,788,406.00 for the Wastewater Systems Improvement
Project, the Street Improvements Bond Project, and the Trail Improvements Bond
Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 208-06,
6. McClelland Consulting Engineers, Inc: A resolution awarding an engineering contract
to McClelland Consulting Engineers, Inc. in an amount not to exceed $ 108, 111 .40 for
preliminary design services, surveys, and related services associated with the College
Avenue Improvement Project.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO,209-06.
7. Stadium Centre Cottages Appeal: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 06-2212, Stadium Centre Cottages, located at Old
Farmington Road, west of Sandra Street; containing approximately 2.45 acres; amending
the Official Zoning Map of the City of Fayetteville; and adopting the Associated Master
Development Plan.
THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE.
8. Easement Vacation for Archer (VAC 06-2289) Appeal: An ordinance approving VAC
06-2289 submitted by Crafton Tull and Associates for property located at the west end of
Markham, west of Sang Avenue, vacating a 0.35 acre portion of a right-of-way on the
subject property.
THIS ITEM WAS LEFT ON THE SECOND READING OF THE ORDINANCE.
D. INFORMATIONAL:
City Council Tour: NONE
Meeting adjourned at 10:45 p.m.
113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax)
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City Council Meeting December 5, 200 • /D 49
Subject:
Motion To:
Motion By:
Seconded :
/ Rhoads
Ferrell
Lucas
lo . os Jordan
19A4 Reynolds
Thiel
Cook
Allen
Mayor Coody
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Subject : %
Motion To:
Motion By: O
Seconded:
Rhoads
i
Ferrell 41" DSC
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Lucas a/
Jordan
Reynolds
00AiThiel
rook
Allen
Via- o�
Mayor Coody
City Council Meeting December 5, 209
Subject: /� - PZ eq6
Motion To:
Motion By:
Seconded:
Rhoads
611 ,
Ferrell
jW5W Lucas
Jordan / �✓
Reynolds ✓ ✓
Q Thiel
P� Cook
Allen
Mayor Coody
Subject: 94
Z , aas�o 93�
Motion To: ' �
Motion By: �
Seconded :
64 Rhoads /
Ferrell
inkLucas ✓ ✓
Jordan
Reynolds ✓ f
Thiel
P / Cook
Allen
j155 Mayor Coody
City Council Meeting December 5, 201 •
Subject:
R
Motion To: r 44, d (\ t om � v0' a�P
Motion By:
Seconded:
613 , Rhoads
/ n Ferrell
i ni$k+�
Lucas t/
Jordan
PPfOO2
D Reynolds
Thiel ✓
Cook ✓
Allen
Mayor Coody n
Subject:Motion To:
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Motion By: �U tit�
Seconded:
Q Rhoads
I I Ferrell -
iAiSBu� Lucas
Jordan ✓
Reynolds
Thiel
Cook ✓
Allen ✓
Mayor Coody
City Council Meeting December 5, 200 •
Subject:
Motion To:
Motion By: I
Seconded:
n , / Rhoads
J� 7 Ferrell
Y (`A.r`SG-cr�
Y Lucas
Jordan
Reynolds v
Thiel
Cook
Allen
Mayor Coody
Subject: 1Q2 - P
Motion To: 410
Motion By:
Seconded :
_ Rhoads
BFerrell
Lucas
Jordan
�Q �O Reynolds
12 19 � 0 � Thiel t/
Cook
Allen
Mayor Coody
City Council Meeting December 5, 209 •
Subject: OM 4J Uv AP
Motion To: Nwej -�0
111 - ' A etqUs aw,
v
Motion By:
Seconded :
n Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Cook
Allen
Mayor Coody
Subject: POM D (P ' o9 o115oZ CUJ " u4t, Map
Motion To: ApPrQ,u �
Motion By: �
Seconded:
Rhoads
Ferrell
/RAJA ' Lucas
V Jordan ✓
Reynolds ✓
Thiel
Cook ✓
Allen
dO 6.. Mayor Coody
'D
City Council Meeting December 5, 2001 •
Subject: IOJLO OszJ cPO0 7 OWA..
Motion To:
Motion By:
Seconded : 1 0
Rhoads
Ferrell
""- Lucas
Jordan ✓
Reynolds
1 Thiel
Cook ✓
Allen
Mayor Coody
Subject: Z N 0 (P a3o� O G
Qn.r`vL
Motion To:
Motion By: 2
Seconded: t 44X
Rhoads ✓ �/
/ Ferrell
Nv�d Lucas
Jordan
Reynolds
Thiel
Cook
Allen
lj Mayor Coody
City Council Meeting December 5, 20i •
Subject: vl tnC � t5 a.J
Motion To:
Motion By:
Seconded :
Rhoads
Nom' Ferrell
F �L I Apy Lucas �
Jordan
Q Reynolds
� ,�✓'�+ Thiel
Cook
Allen t/
4 q5 5 Mayor Coody
Subject: A o m 0 (o -A3 . a a lVor4,- I� ouJ bed ;e4
Motion To: � V� 1
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Motion By: Ccs
Seconded : ex 0
Rhoads LX
GFerrell
IV Lucas
i Jordan
Reynolds
� 0 Thiel
Cook
Allen
1k
Mayor Coody
't7
City Council Meeting December 5, 201 •
Subject: M D (n ..q 35 4tn—
Motion To: V
Motion By:
Seconded :
Rhoads
Ferrell
f� , � , ✓ Lucas
►�" Jordan
Reynolds
Thiel
Cook
(� Allen
Mayor Coody
Subject: iN U"
Motion To:
Motion By:
Seconded:
Rhoads
Ferrell
Lucas ✓
F� Jordan ✓
Q Reynolds
P hiel
Cook ✓/
Allen !/
a( � p Mayor Coody
City Council Meeting December 5, 200 •
Subject:
Motion To:
Motion By:
Seconded :
Rhoads
Ferrell
NJ
kJ
Lucas
Jordan
Reynolds
P� Thiel
Cook
Allen
Mayor Coody
7 D nn
Subject: 54n Jluo, (2cafnr
Motion To:
Motion By:
Seconded :
Rhoads
^� 17 . Ferrell
Lucas
Jordan
�L Reynolds
Thiel
Cook
l"a Allen
Mayor Coody
City Council Meeting December 5, 200 •
Subject:
Motion To:
Motion By:
Seconded :
Go Rhoads
Ferrell ---
AlY • Lucas
40 Jordan
Reynolds
Thiel
Cook
�p Allen
ayor Coody
7-0
Subject:
Motion To:
Motion By:
Seconded :
Rhoads
Ferrell
Lucas
Jordan
Reynolds
Thiel
Cook
Allen
Mayor Coody
•aha •
Aldermen
Ward I Position I - Robert Reynolds
Mayor Dan Coody Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams Ward 2 Position I - Kyle B. Cook
City y Ward 2 Position 2 — Nancy Gordon Allen
Cit Clerk Sondra Smith Ward 3 Position I - Robert K. Rhoads
City Ward 3 Position 2 — Robert Ferrell
TayeARKANSAS Ward 4 Position I - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
December 5, 2006
A meeting of the Fayetteville City Council will be held on December 5, 2006 at 6:00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
A. CONSENT:
y/Approval of the November 7, 2006 City Council meeting minutes.
?Class Action Suit to Recover City Taxes: A resolution to approve a contingent fee
contract with Elliot & Smith to represent the City on an internet hotel broker tax
remittance issue.
/
Id: Westside Village Condominiums : A resolution approving the Parks and Recreation
Advisory Board's recommendation to accept $ 138,336.00 in lieu of the required Park
Land Dedication for Westside Village Condominiums.
B. UNFINISHED BUSINESS :
�R-PZD 06-2191 , University Club Tower: An ordinance establishing a Residential
Planned Zoning District titled R-PZD 06-2191 , University Club Tower, located north of
Lowe' s Home Center, east of College Avenue (Highway 71 ), containing approximately
10.39 acres; amending the Official Zoning Map of the City of Fayetteville; and adopting
the Associated Master Development Plan. This ordinance was left on the First Reading
at the November 7, 2006 City Council meeting. This ordinance was left on the Second
Reading at the November 21, 2006 City Council meeting.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayetteville.org
q*1R-PZD 06-2256.2 Garland: An ordinance establishing Residential Planned Zoning
District titled R-PZD 06-2256, 932 Garland, located at 932 Garland, between Berry and
Hughes Street, containing approximately 0.84 acres; amending the Official Zoning Map
of the City of Fayetteville; and adopting the Associated Master Development Plan. This
ordinance was left on the First Reading at the November 7, 2006 City Council meeting.
This ordinance was left on the Second Reading at the November 21, 2006 City Council
meeting.
�J//Emerald Point ADM 06-2282 Appeal: An appeal of the Planning Commission' s
decision regarding ADM 06-2282 (Emerald Point). This appeal was Tabled at the
November 7, 2006 City Council meeting to the November 21, 2006 City Council
meeting. This appeal was Tabled at the November 21, 2006 City Council meeting to
the December 5, 2006 City Council meeting.
L4//Sunbridge Villas R-PZD 06-2213 Appeal: An ordinance establishing a Residential
Planned Zoning District Tiled R-PZD 06-2213, Sunbridge Villas, located northwest of
Sunbridge Drive and Villa Blvd., containing approximately 20.92 acres; amending the
Official Zoning Map of the City of Fayetteville; and adopting the Associated Master
Development Plan.. This ordinance was left on the First Reading at the November 7,
2006 City Council meeting. This ordinance was left on the Second Reading at the
November 11, 2006 City Council meeting.
( r5�R-PZD 06-1884, Westside Village: An ordinance establishing a Residential Planned
Zoning District Titled R-PZD 06- 1884, Westside Village, located south of Wedington,
east of Rupple Road, containing approximately 21 .63 acres; amending the Official
Zoning Map of the City of Fayetteville; and adopting the Associated Master
Development Plan. This ordinance was left on the Second Reading at the November 21,
2006 City Council meeting.
L,6/ADM 06-2252 Future Land Use Map: A resolution adopting the Future Land Use Map
and associated text as part of the City Plan 2025 Comprehensive Land Use Plan for the
City of Fayetteville. This resolution was Tabled at the November 21, 2006 City Council
meeting to the December 5, 2006 City Council meeting.
7. RJN Group, Inc: A resolution approving Contract Amendment #4 to the agreement for
�g Ip(0 Professional Engineering Services with RJN Group, Inc. in the amount of $953,049.00 to
,yam provide design and construction phase services pertaining to technical design,
( II n e engineering, Corps of Engineers and storm water permit issues for the West Side and
Farmington area Wastewater System Improvements Project (subprojects WL- 10, WL- I I
and WL- 12); and approving a contingency in the amount of $40,000.00. This resolution
was Tabled at the November 21, 2006 City Council meeting to the December 5, 2006
City Council meeting.
O �8. Robinson, Stafford and Rude, Inc: A resolution approving a contract for Professional
Q4 l/ Engineering Services with Robinson, Stafford and Rude, Inc. (RSR) in the amount of
11I �Ip(o $39,844.00 (to be wholly reimbursed by the City of Farmington) to provide value
engineering services .For the Farmington and West Fayetteville Area Wastewater System
Improvement Project engineering design. This resolution was Tabled at the November
21, 2006 City Council meeting to the December 5, 2006 City Council meeting.
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
accessfayettevi l le.org
(t Proposed 2007 Annual Budget & Work Program: A resolution adopting the 2007
Annual Budget and Work Program as approved and amended. This resolution was
Tabled at the November 27, 2006 City Council meeting to the December 5, 2006 City
Council meeting.
C. NEW BUSINESS :
vee N 06-2320, Garner: An ordinance rezoning that property described in rezoning
petition RZN 06-2320, for approximately 0.75 acres, located at 904 15th Street from
RMF-24, Residential Multi-Family, 24 units per acre to C-2, Thoroughfare Commercial
with the Associated Bill of Assurance.
XVAC 06-2315, Paul: An ordinance approving VAC 06-2315 submitted by Alan Reid &
Associates for property located at 2753 East Par Court, vacating a portion of the utility
easement located within the subject property.
ADM 06-2322 North Street ROW Dedication Variance: A resolution reducing the
right of way dedication required from North Street centerline from 55 feet to 44 feet
accommodating the existing structure and proposed development for property located at
/1104 N. College Avenue as described in item ADM 06-2322.
y ADA1 06-2354 Garland Avenue ROW Dedication Variance: A resolution approving a
vvv variance of the Unified Development Code Chapter 164. 12(F) Nonconforming Uses and
Structures, Repairs and Maintenance, and Chapter 166. 18 Master Street Plan Setbacks,
allowing the existing structure located at 1305 Garland Avenue to remain within the
Master Street Plan right of way and to be improved greater than the 10% allowed by
�code, within the existing limits of the structure.
5l Operations Management International (OMI): A resolution approving Amendment
No. 14 to the contract with Operations Management International (OMI) in the amount of
$6, 104,447.88 for the operation and management of Fayetteville Wastewater Treatment
Facilities for 2006, and an increase of $ 153 ,000.00 for the cost of services in 2006; and
approving a budget adjustment in the amount of $ 153 ,000.00.
Sales Tax 2006A Construction Fund: A resolution approving the creation of a new
fund to be called "Sales Tax 2006A Construction Fund;" and approving a budget
adjustment in the amount of $50,788,406.00 for the Wastewater Systems Improvement
Project, the Street Improvements Bond Project, and the Trail Improvements Bond
Project.
McClelland Consulting Engineers, Inc: A resolution awarding an engineering contract
to McClelland Consulting Engineers, Inc. in an amount not to exceed $ 108, 111 .40 for
preliminary design services, surveys, and related services associated with the College
Avenue Improvement Project.
..8: Stadium Centre Cottages Appeal : An ordinance establishing a Residential Planned
�IQnn� �y Zoning District titled R-PZD 06-2212, Stadium Centre Cottages, located at Old
o Farmington Road, west of Sandra Street; containing approximately 2 .45 acres; amending
nM�� SSI� the Official Zoning Map of the City of Fayetteville; and adopting the Associated Master
IN Development Plan.
M tK
`11/ 113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
�n �� accessfayatcvi I le.org
PIQAnt �� 9. Easement Vacation for Archer (VAC 06-2289) Appeal: n ordinance approving VAC
�s5jr� 06-2289 submitted by Crafton Tull and Associates for property located at the west end of
Markham, west of Sang Avenue, vacating a 0.35 acre portion of a right-of-way on the
A `I0U subject property.
D. INFORMATIONAL:
City Council Tour: Deeembet 4-
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
acccssfayettevi I le.org
r
Aldermen
Ward I Position 1 - Robert Reynolds
Mayor Dan Coody Ward I Position 2 - Brenda Thiel
Cit Attorney Kit Williams ,,,///��� Ward 2 Position I - Kyle B. Cook
City y Ward 2 Position 2 — Nancy Gordon Allen
Ward 3 Position 1 - Robert K. Rhoads
City Clerk Sondra Smith Ward 3 Position 2 — Robert Ferrell
ARKANSAS Ward 4 Position 1 - Shirley Lucas
Ward 4 Position 2 - Lioneld Jordan
Tentative Agenda
City of Fayetteville Arkansas
City Council Meeting
December 5, 2006
A meeting of the Fayetteville City Council will be held on December 5, 2006 at 6 :00 PM in
Room 219 of the City Administration Building located at 113 West Mountain Street,
Fayetteville, Arkansas.
Call to Order
Roll Call
Pledge of Allegiance
,po 1 j , a0ol;7 .�
fi0lDiscussion Item: Monuments, Art & Memorials on Public Property.
U
A. CONSENT:
.Y� Approval of the November 7, 2006 City Council meeting minutes.
Class Action Suit to Recover City Taxes : A resolution to approve a contingent fee
contract with Elliot & Smith to represent the City on an internet hotel broker tax
remittance issue.
Westside Village Condominiums : A resolution approving the Parks and Recreation
Advisory Board's recommendation to accept $ 138,336.00 in lieu of the required Park
Land Dedication for Westside Village Condominiums.
B. UNFINISHED BUSINESS:
1 . Items will be added after the City Council meeting.
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C. NEW BUSINESS: • • t
�RZN 06-2320, Garner: An ordinance rezoning that property described in rezoning
petition RZN 06-2320, for approximately 0.75 acres, located at 904 151h Street from
RMF-24, Residential Multi-Family, 24 units per acre to C-2, Thoroughfare Commercial
with the Associated Bill of Assurance.
�ZZVAC 06-2315, Paul: An ordinance approving VAC 06-2315 submitted by Alan Reid &
Associates for property located at 2753 East Par Court, vacating a portion of the utility
easement located within the subject property.
ADM 06-2322 North Street ROW Dedication Variance: A resolution reducing the
right of way dedication required from North Street centerline from 55 feet to 44 feet
accommodating the existing structure and proposed development for property located at
1104 N. College Avenue as described in item ADM 06-2322.
"DM 06-2354 Garland Avenue ROW Dedication Variance: A resolution approving a
variance of the Unified Development Code Chapter 164. 12(F) Nonconforming Uses and
Structures, Repairs and Maintenance, and Chapter 166. 18 Master Street Plan Setbacks,
allowing the existing structure located at 1305 Garland Avenue to remain within the
Master Street Plan right-of-way and to be improved greater than the 10% allowed by
code, within the existing limits of the structure.
operations Management International (OMI): A resolution approving Amendment
No. 14 to the contract with Operations Management International (OMI) in the amount of
$6, 104,447.88 for the operation and management of Fayetteville Wastewater Treatment
Facilities for 2006, and an increase of $ 153 ,000.00 for the cost of services in 2006; and
approving a budget adjustment in the amount of $ 153,000.00.
X Sales Tax 2006A Construction Fund: A resolution approving the creation of a new
fund to be called "Sales Tax 2006A Construction Fund;" and approving a budget
adjustment in the amount of $50,788,406.00 for the Wastewater Systems Improvement
Project, the Street Improvements Bond Project, and the Trail Improvements Bond
/Project.
�7. McClelland Consulting Engineers, Inc: A resolution awarding an engineering contract
to McClelland Consulting Engineers, Inc. in an amount not to exceed $ 108, 111 .40 for
preliminary design services, surveys, and related services associated with the College
Avenue Improvement Project.
�-X Stadium Centre Cottages Appeal: An ordinance establishing a Residential Planned
Zoning District titled R-PZD 06-2212, Stadium Centre Cottages, located at Old
Farmington Road, west of Sandra Street; containing approximately 2.45 acres; amending
the Official Zoning Map of the City of Fayetteville; and adopting the Associated Master
Development Plan.
J 9. Easement Vacation for Archer (VAC 06-2289) Appeal: An ordinance approving VAC
06-2289 submitted by Crafton Tull and Associates for property located at the west end of
<ikupl� Markham, west of Sang Avenue, vacating a 0.35 tquaEp4upt portion of a right-of-way on
the subject property. Qr?Jt,Q,
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
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,t
D. INFORMATIONAL:
Budget - Outside Agency Presentations: Agenda Session Only
City Council Tour: December 4, 2006 -4 :30 PM
113 West Mountain 72701 (479) 521 -7700 (479) 575-8257 (Fax)
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FAY EZI 71EWI LIE
THE CITY OF FAYETTEVIttE, ARKANSAS
K17' WILLIAMS, CITY ATTORNEY
DAVID WHITAKER, ASST. CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE LEGAL DEPARTMENT
TO: Dan Coody, Mayor
THRU: Sondra Smith, City Clerk
FROM: Kit Williams, City Attorney
DATE: December 5, 2006
RE: Passed Ordinances and Resolutions from City Council meeting
of December 5, 2006
1 , Class Action Suit To Recover City Taxes : Resolution approving
contingent fee contract with Elliot & Smith to represent the City on an internet
hotel broker tax remittance issue:
2. Westside Village Condominiums : Resolution approving Parks &
Recreation Advisory Board ' s recommendation accepting $ 138,336 .00 in lieu of
required Park Land Dedication for Westside Village Condominiums;
3, OMI: Resolution approving Amendment No. 14 to contract with
Operations Management International in amount of $6, 104,447 . 88 for operation
and management of Fayetteville Wastewater Treatment Facilities for 2006; an
increased of $ 153 ,000.00 for the cost of services in 2006 ; and approving budget
adjustment in amount of $ 153 ,000.00;
4. R-PZD 06-2191 : Ordinance establishing a Residential Planned "Zoning
District, University Club Tower, located north of Lowe ' s Home Center, east of
College Avenue (Highway 71 ), containing approximately 10 . 39 acres; amending
Official Zoning Map of City and adopting Associated Master Development Plan ;
5, R-PZD 06-2256: Ordinance establishing a Residential Planned Zoning
District, located at 932 Garland, between Berry and Hughes Streets, containing
approximately 0. 84 acres; amending Official Zoning Map of City and adopting
Associated Master Development Plan ;
• 0
6, Emerald Point ADM 06-2282 Appeal: Resolution approving appeal of
ADM 06-2282 (Emerald Point) and approving amended plat with an amended
Condition of Approval # 1 ;
7, Sunbridge Villas R-PZD 06-2213 Appeal: Ordinance establishing
Residential Planned Zoning District, Sunbridge Villas, located northwest of
Sunbridge Drive and Villa Blvd., Villa Mobile Home Park, containing
approximately 20 .92 acres; amending official zoning map of City and adopting
Associated Master Development Plan;
8, ADM 06-2252 : Resolution adopting Future Land Use Map and associated
text as part of the City Plan 2025 Comprehensive Land Use Plan for City of
Fayetteville;
9. RZN 06-2320 : Ordinance rezoning property described in RZN 06-2230,
for approximately 0.75 acres, located at 904 15`h St., from RMF-24, Residential
Multi-Family, 24 Units Per Acre to C-2, Thoroughfare commercial with the
Associated Bill of Assurance;
10. VAC 06-2315: Ordinance approving VAC 06-2315 submitted by Alan
Reid & Assoc. for property located at 2753 East Par Court, vacating portion of
utility easement located within subject property;
11 . ADM 06-2354 Garland Ave. ROW Dedication Variance : Resolution
approving variance of U .D.O. Chapter 164 . 12(F) Nonconforming uses and
structures, repairs and maintenance and Chapter 166 . 18 Master Street Plan
setbacks allowing existing structure located at 1305 Garland Ave. to remain within
Master Street Plan right-of-way and to be improved greater than the 10% allowed
by code, within the existing limits of the structure;
12. Sales Tax 2006A Construction Fund : Resolution approving creation of
new fund to be called "Sales Tax 2006A Construction Fund'; and approving
budget adjustment in amount of $50,788,406.00 for Wastewater Systems
Improvement Project, Street Improvements Bond Project, and Trail Improvement
Bond Project;
13. McClelland Consulting Engineers, Inc. : Resolution awarding
engineering contract to McClelland Consulting Engineers, Inc . in an amount not to
exceed $ 108, 111 .40 for preliminary design services, surveys, and related services
associated with College Avenue Improvement Project.
2
.. ..... .. . . .
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ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS .
125 W. Mountain St.
Fayetteville, AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
To: City Council, Mayor Dan Coody
From: Jeremy Pate, Director of Current Planning
Date: December 05, 2006
Subject: Emerald Point ADM 06-2282 Appeal
The applicant for this project today submitted a revised drawing and letter of agreement in which a
stub-out and future street connection is acquired through the two points of ingress/egress to the
south: Georgia Trail and Rocky Crossing. The agreement states that the property owner of the
property to the south of Georgia Trail will sell the eastern portion of his property to Mr. Zakariadze,
who will subsequently dedicate a minimum of 42 feet and build a public street to the southern
property line. Subject to rezoning and development requirements, the property to the east of this
stub-out may be available for future development.
Based on the letter and drawings submitted by the applicant on December 5, 2006, staff therefore '. .
recommends approval of the applicant's appeal of the original terms and conditions of the Emerald ,
Point Preliminary Plat, PPL 06-1773, with the following amended condition of approval.Number°1 :
1 . Planning Commission determination of street connectivity. The applicant proposes to .
provide a street stub-out to the north for future connection to an existing street in Legacy
Pointe Phase I and three two street connections to the south. The applicant has submitted a
letter signed by Mr. Michael Williams, property owner to the south, conveying agreement to
a street connection through his property. Staffis recommending the street stub-out continue
south the additional 70 ' in length through Mr. Williams ' property to provide a through
connection to the Hays property, whie Wannexafien, zenint, tvi i will be
developing in the near future.
regulatiens: A minimum of 42 feet of right-of-way shall be dedicated and a 24 foot public
street shall be constructed approximately 70 feet south of Lot 45/47 to provide for future
public access prior to recordation of the Final Plat for Emerald Point Subdivision. The
Preliminary Plat shall be amended as generally depicted in Exhibit "A "prior to approval
of construction plans.
KVeremy12006 CorrespondencelCC & PC MemoslEmerald Poin! Appeal.doc
CM1, structural and Land Oeveloppmerit services
12081 Certtaryolnt Church Prairie 0rwe, AR 72753
. (478) 846-0195 rrtichoyOpetn.corn
City of Fayetteville
Planning Office
Fayetteville, AR 72701
RE: Right of Way through Michael Williams' Property
12/04/06
Greetings,
By signing below, I, Michael Williams, do hereby agree to split my property located at 340 Double
Springs Road in Fayetteville and sell the resulting .eastern portion to Olika Investments. Olika
Investments . further covenants with the City of Fayetteville to dedicate the western 42' of the
resulting lot for right of way to construct the extension of Georgia Trail in Emerald Point
Subdivision. The proposed lot split will be configured such that the new lot line will be coincident
with the proposed right of way on Georgia Trail as it extends south across the property. Georgia
Trail will eventually connect to a proposed subdivision on the property to the south,. providing
traffic connectivity and circulation. This right of way will be formally dedicated and filed and the
street will be constructed across the property before the Emerald Point Subdivision files for Final
plat.
00
Michael Williams
�a
Ira Zakariadze, Olika In es ents, LLC
"And the rain descended, and the floods came, and the winds blew and beat upon that house; and it fell not: for it was
founded on a Rock." Matthew 7:24
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id
THE CITY OF FAYETTEVILLE) ARKANSAS
- . 125 W. Mountain St,
PLANNING DIVISION CORRESPONDENCE Telephone. (aw)575-9267
To: City Council, Mayor Dan Coody p
From: Jeremy Pate,,Director of Current Planning k�
Date: December 04, 2006
Subject: Sunbridge Villas Residential Planned Zoning District
The City Council is currently considering a'Residential Planned Zoning District proposal under the
name of Sunbridge Villas.-This project consists of 169 dwelling units and community space area on
20.92 acres. The project is unique in that it falls within an already developed property, currently the
Sunbridge Villa Mobile Home Park,which contains 141 mobile home lots. The applicant proposes to
utilize the majority of existing infrastructure, making improvements where necessary to bring the
properties up to code. Additional 'improvements will also be added, such as sidewalks and street
overlays, as is typical with subdivisions in the City of Fayetteville. As part of the re-development of
the site, improvements to the water, sewer and storm sewer systems are also required.
The unique nature of this project — in that it is primarily utilizing existing infrastructure - gives the
opportunity for staff to request of the City Council to approve the project as a Concurrent Plat, rather
than a-Preliminary and Final plat as separate documents In order to do so, the City Council would
have to waive the Unified Development * Code Ch. 158.01 Guarantees in lieu of installed
improvements, in order for the developer to bond for all, required improvements serving the public
health, safety and welfare. Staff is supportive of this waiver, finding that with a very clear time frame
in which the improvements will be constructed, inspected and accepted by the City, along with a
bond in the amount of 150% of the construction costs, there are no foreseen complications.
Staff is recommendingthis project be allowed to be processed as a Concurrent Plat, thereby enabling
the applicant to proceed with a document to process,record and begin construction in a more timely
fashion.-The.' applicant's'engineers have worked with staff to detail the improvements necessary, and
these are reflected in the 'modified exhibiiahat is attached. This recommendation is subject to the
conditions as noted. It should also be noted that all noted improvements are required regardless of
whether this project is processed as a Preliminary/Final Plat or a Concurrent Plat; the latter process
simply allows a combination of the two applications into one.
Staff recommends an amendment to R-PZD 06-2213, accepting the attached Exhibit "C" with
revised conditions of approval.
- Kaleremyi2006CorrespondenmICC & PCMemwLYunbridge Villw PWdoc
EXHIBIT "C"
R-PZD 06-2213
Page 1 of 5
Conditions of Approval
1 . ' City Council determination of street improvements. Stafj}ecommends an asphalt overlay
on all streets within the project. The overlay shall. create, at minimum, a 25 ' wide street
width back of curb to back of curb. Engineering staff shall determine at the time of
construction the amount of improvement necessary (milling, depth of overlay, etc.). Street
lights shall be installed every 300 ' along the private streets and at all intersections. In
addition, existing sidewalks shown on the plat shall be repaired or reconstructed to meet
City standards and shall be maintained by this development.
2. City Council determination of a waiver of Chapter 166.06 to allow for more than 80
.dwelling units on a private loop street. Stafffends in favor of this request, given that
surrounding properties are fully developed and the existing neighborhood and street grid
layout is being maintained for private two points .of ingress and egress.
3. City Council determination of a variance to allow residential solid waste cart/recycling .
to all residential units within the development. City Code currently requires the multi-
family. structures within this development to utilize dumpster service. All othersinglefamily
units will utilize residential cart service. The applicant requests to utilize residential cart
service for all residential units.
4. All streets and sidewalks shall be recorded within an access easement. Private streets and:
sidewalks shall be, the responsibility of the property owner or propertyowner's association to; .
maintain .according to city standards. Covenants shall provide that in the event the private
streets and sidewalks are not maintained as required, the City shall have the right (but shall
not be required) to maintain said streets and to charge the cost thereof to the property owners
within the PZD on a pro rata basis according to assessed valuation for ad valorem tax
purposes and shall have a lien on the real property within the PZD for such cost. The
covenants shall grant the City the right to use all private streets for purposes of providing fire
and police protection, sanitation service and any other of the municipal, functions. Said
covenants regarding maintenance of private streets shall not be amended and shall not
terminate without approval of the City.Council (§ 166.06 (K. I O.b.vii). Appropriate language
shall be included on the final plat and approved by the Transportation and .Engineering
Divisions for such easement.
5. Curb cuts shall be limited to a maximum width of 16' measured at the back of the sidevlalk
or right-of--way where applicable, or at the back of the access easement where sidewalk is not
present. Typical on-street parking shall be permitted on private streets, as long as no
idriveways are blocked.
i K:Ueremy12006 CormpondenmiCC& PCMemosLYunbridge Vitt= PZO.d"
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i
EXHIBIT "C"
R-PZD 06-2213
Page 2 of 5
6. . Driveways shall meet the City's standard driveway requirements with 10' between drives,
and a minimum of 5' between the drive and the side property line., Staff recommends
utilizing shared driveways where possible. If.lots share a driveway, a maximum 24-foot
driveway shall be permitted.
7. Plat and booklet revisions to be completed:
a. Sheet 3. 1 Side and rear elevations for the duplex and single family residences shall
be submitted for review.
b. Sheet 5.0. Change the title to "Preliminary Plat".
c. Street lights shall be installed every 300' along all streets (public and private) where
not currently existing and at all intersections. Include the location of new street lights
on the plat.
d. Clearly indicate on the plat where the building setbacks are measured from, with
dimensions_ In addition, add notes to the setback chart for all of the zoning criteria
clearly explaining where the building setbacks will be measured from. For the
purpose of this development, the:front building setbacks shall be measured from the
edge of the access easement where right-of-way is not present.
e. Specify the maximum amount of.square feet (intensity) for the existing/proposed
clubhouse in the zoning criteria for PA-4.
f. If the balconies/decks are not proposed to be installed on the rear of the four-plexes
as shown in the submitted photos, the architectural design standards in the zoning
criteria should add a statement indicating as such.
8. No portion of any structure (i.e., porches, overhangs, etc.) shall encroach into building
setbacks or utility easements.
9. Project Phasing: This development shall be built in one phase, with all permits for
construction required to be issued within one year of City Council approval. A final plat
shall be required in order to record the proposed lots and issue building permits.
1.0. Buildings shall be constructed to be consistent with the photos and concepts depicted in the
booklet as specified. Building permits will be based upon the submitted photos and
elevations.
11 . Park fees credit has been given in the amount of$ 135,360 for 141 existing mobile home lots.
Parks fees for 133 single family and 36 multi-family homes totaling a net of1$ 80.0 after
credit is given shall be paid prior to recordation of the final plat.
K:Veremy17006 CorrespondenmICC & PC MemoslSunbridge Villas PZO.dw
EXHIBIT "C"
R-PZD 06-2213
Page 3 of 5
12. Signs shall be permitted in accordance with Chapter 174 of the Fayetteville Unified
Development Code, and shall be subject to signage requirements for residential single-family
development.
13. The Master Development Plan, Statement of Commitments and Architectural Standards
submitted by the applicant shall be considered binding and tied to the zoning of the property.
Conditions of approval as noted herein and other requirements placed upon the project with
review of the Master Development Plan — Planned Zoning District by the City Council shall
also be binding.
Tree Preservation Conditions:
14. Tree protection fencing will be extensive for this project. Please coordinate,the installation
with the Urban Forester.
. 15: By ordinance, tree canopy found within the building footprint must be counted as removed.
There are several large canopied trees on this site that will not actually have to be removed
entirely but possible just pruned for height allowance. Staff recommends working with the
Urban Forester throughout the entire project to fence and preserve some of the larger trees
that could remain.
16. Mitigation will be required on this site in the amount of 294: (2) inch caliper large species
tree. The applicant has requested and been approved for on-site mitigation. A variety of
quality tree species have been proposed to be planted back on the site which will ultimately
better the city's urban forest as a whole.
17. A 3=year maintenance and monitoring bond, letter of credit, or check in the amount of
$73,500 shall bedeposited with the City before the last certificate of occupancy.
Standard Conditions: .
18. Plat Review and Subdivision comments (to include written staff comments provided to the
applicant or his representative, and all comments from utility representatives - AR Western
Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
19. Trash enclosures shall• be screened on three sides .With materials compatible with the
surrounding structures, with access not visible from the street. Architectural elevations for
these structures shall be submitted for review prior to issuance of a building permit.
K:Lleremy12006 CormpondencelCC& PC MemwLSunbndge YYI= PZO.doc