HomeMy WebLinkAbout1993-08-09 - Agendas - FinalAt
FAYETTEVI LLE
IPTHE CITY OF FAYETTEVILLE, ARKANSAS
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MEMORANDUM
TO: City Planning Commission
FROM: Alett Little, Planning Management Director
DATE: August 5, 1993
SUBJECT: Agenda Packet for August 9, 1993 Meeting
Attached you will find one copy of the agenda for our August 9,
1993 meeting. Please let us know if you have any questions or if
you will be unable to attend the meeting.
AL/tp
Attachment
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-575-8257
FAYETTEVI LLE
111 THE CITY OF FAYETTEVILLE, ARKANSAS
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AGENDA
FOR A MEETING OF
THE PLANNING COMMISSION
Monday, August 9, 1993 at 5:00 p.m., in the City Administration
Building, Room 219, 113 W. Mountain St., Fayetteville, Arkansas.
BUSINESS:
1. Approval of the minutes of the regular Planning
Commission meeting of July 26, 1993.
2 LARGE SCALE DEVELOPMENT - CROSSOVER STORAGE:
Submitted by Dave Jorgensen on behalf of Gordon
Wilkins and Danny Villines. Property is located on
the west side of Crossover Rd., south of Mission
Blvd. Property is zoned C-2, Thoroughfare
Commercial and contains 1.75 acres.
3. FINAL PLAT - BOARDWALK ADDITION PH. IV: Submitted
by Dave Jorgensen on behalf of Jim Lindsey.
Property is located on the west side of Crossover,
south of Mission. Property is zoned R-1, Low
Density Residential and contains 3.66 acres with 6
lots.
4. PRELIMINARY PLAT - GLENNBROOK ADDITION PH. II:
Submitted by Dave Jorgensen on behalf of Gordon
Wilkins. Property is located south of Mission,
west of Crossover. Property is zoned R-1, Low
Density Residential and contains 8.84 acres with 14
lots.
5. PRELIMINARY PLAT - CRYSTAL SPRINGS SUBDIVISION
PH I: Submitted by Mel Milholland on behalf of JED
Development. Property is located on the east side
of Salem Rd., north of Mt. Comfort Rd. Property is
outside city limits and contains 39.9 acres with
115 lots.
6 PRELIMINARY PLAT - THE MASTERS: Submitted by Bill
Rudasill on behalf of Dallas & Dee Wright and Eldon
& Dryden Pence. Property is located south of
Country Club, east of S. College Dr. Property is
zoned R-1, Low Density Residential and contains 20
acres with 53 Lots.
113 WEST MOUNTAIN 72701 501-521-7700
FAX 501-575-8257
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PLANNING COMMISSION AGENDA
AUGUST 9, 1993
PAGE 2
7. CONDITIONAL USE CU93-23: Submitted by Bob Waldren
on behalf of SWEPCO. Property is located on the
southeast corner of Skyline & Williams and is zoned
R-1, Low Density Residential. Request is for a
radio antenna tower.
8. LOT SPLIT #1: Submitted by Glenn McChristian.
Property is located at 1313 Stubblefield Rd. and is
zoned R-1, Low Density Residential.
9 LOT SPLIT #1: Submitted by Tom Campbell on behalf
of Partners & Assoc. Inc. Property is located on
the north side of Futrall, east of North Hills
Blvd. and is zoned C-2, Thoroughfare Commercial.
10. LOT SPLIT #1: Submitted by Marilyn Shoffit.
Property is located at 2406 Old Wire Rd. and is
zoned R-1, Low Density Residential.
OTHER BUSINESS:
1. JERRY ROSE: Case Discussion
2. SIDEWALKS: Discussion of revision of
• sidewalk portion of the Subdivision Ordinance.
3 OFF-SITE IMPROVEMENTS: Discussion of off-site
improvement requirements for Joyce Blvd. - 71B
intersection.
FAYETTEVILLE
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THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
TO: Fayetteville Planning Commission
THRU: Alett Little, Planning Director
FROM: Tim Conklin, Associate Planner
DATE: July 30, 1993
SUBJECT: SUBDIVISION ORDINANCE SIDEWALK REVISION
At the Subdivision Committee meeting of July 29, 1993, staff was directed to
immediately revise the current Subdivision Ordinance sidewalk requirements.
Staff has drafted a revision to the Subdivision Ordinance which would now
require sidewalks to be placed on both sides of all streets and cul-de-sacs
and require all sidewalks be installed concurrently with streets, curbs, and
gutters.
There are three reasons why these changes have been requested:
1. "Gaps" within sidewalks are occurring in subdivisions because some lots
are not being developed or are being developed over several years.
2. Most individuals that use sidewalks located within cul-de-sacs would
• like to be able to walk on both sides of the street without having to
turn around and walk down the same side of the street
3. Sidewalks constructed on one side of the street create a safety problem
because children, elderly individuals, and others living on the side
without the sidewalk must cross the street to get to the sidewalk.
Currently, sidewalks are the responsibility of the individual lot owner at the
time the building permit is issued and are required along one side of local
streets and along both sides of collector and arterial streets. Staff
recommends the Planning Commission pass a motion recommending the City Council
approve an ordinance revision.
PROPOSED
ORDINANCE N0.
AN ORDINANCE AMENDING SECTION 159.30(E) OF THE FAYETTEVILLE CODE OF ORDINANCES
MAKING SIDEWALK INSTALLATION A REQUIREMENT ALONG BOTH SIDES OF ALL STREETS AND
CUL-DE-SACS, INCLUDING THE ENTIRE CIRCUMFERENCE OF THE VEHICULAR TURNAROUND,
AND REQUIRING ALL SIDEWALKS BE INSTALLED CONCURRENTLY WITH STREETS, CURBS AND
GUTTERS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1. Section 159.30(E) of the Code of Fayetteville is hereby amended by
inserting the following in place of the original requirement.
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Sidewalks shall be installed, according to existing City Standards and
specifications as adopted by the City Council, along both sides of all streets
and cul-de-sacs, including the entire circumference of the vehicular
turnaround in the cul-de-sac. All sidewalks shall be set(4)four feet back
from the curb The Construction of all sidewalks shall be inspected by the
street superintendent to insure compliance with City specifications. All
sidewalks shall be installed by the developer(s)/owner(s) of the subdivision
at the time streets, curbs and gutters are constructed.
FAYETTEVILLE
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THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
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TO:
THRU:
FROM:
DATE:
SUBJECT:
Fayetteville Planning Commission
Alett Little, Planning Director
Tim Conklin, Associate Planner
August 4, 1993
OFF-SITE IMPROVEMENT REQUIREMENTS FOR JOYCE
BOULEVARD/71B INTERSECTION AS AUTHORIZED UNDER SECTION
159.33 OF THE FAYETTEVILLE CODE OF ORDINANCES.
The off-site improvement area used to determine the developer
proportionate share of the costs of off-site intersection
improvements to Joyce Boulevard and 71B (North College Avenue)is
shown on attachment A. This area is based on a radius of 1933
feet out from the center of the intersection. Using this radius,
the area extends to the north almost up to Zion Road and to the
south to the By-pass interchange. This radius is just over a 1/3
of a mile. Staff has used this radius because it encompasses an
area that is accessed primarily through this intersection.
Existing intersection capacity currently is at its maximum
capacity with existing development located within the designated
area. Any additional development in the area designated will
have a direct impact on this intersection which will result in
needed improvements. It should be noted that future development
in the area will not be paying for any improvements to rectify
any existing shortfalls in the existing capacity of this
intersection, nor will existing development be required to
contribute to intersection improvements unless they do so
voluntarily.
Only new development will be paying its proportionate share of
the needed improvements which are directly attributable to the
development.
Off-site improvements are based on the total acreage in the
designated area that will directly benefit from the intersection
improvements and will be based on a per/acre cost. In order for
the improvements to be made, the City will also have to bear a
proportionate share.
SECTION 159.33 "REQUIRED OFF-SITE IMPROVEMENTS"
JOYCE BLVD and HIGHWAY 71B (North College Avenue)
INTERSECTION IMPROVEMENTS
Spring Park: 67.35 acres
Remington Place: 8.84 acres
Radius 1933 feet
Amount Assessed
$25,000
$ 3,281
(Radius of circle used to identify
area from the intersection)
Total Impact Area: 269 acres
Estimated project cost: $100,000
Cost per acre: $371.20
impact
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§ 159.33 REQUIRED OFFSITE IMPROVEMENTS.
(A) (1) Generally; required of subdivider. The
subdivider shall be required to install off-site
improvements, where the need for such improvements
is created in whole or in part by the proposed
subdivision. For purposes of this section, an off-site
improvement shall mean any improvement listed in
§§ 159.30 or 159.31 of these regulations which is to be
installed on property located outside the proposed
subdivision.
(2) Any required off-site improvements shall
be installed according to city standards; provided off-
site improvements to roads located outside the city's
corporate limits but within the city's planning area
shall be installed to county standards. The subdivider
shall be required to bear that portion of the cost of
off-site improvements which bears a rational nexus to
the needs created by the subdivision.
(3) Al the time the Planning Commission
grants preliminary plat approval, the Planning
Commission shall determine whether the proposed
subdivision creates a need for off-site improvements -
and the portion of the cost of any needed off-site
improvements which the subdivider shall be required
to bear; provided, that portion of the cost of off-site
improvements to roads located outside the city's
corporate limits but within the city's planning area
shall be determined by the county. In determining that
portion of the cost of off-site improvements which the
subdivider shall be required to bear the Planning
Commission shall consider the acreage within the
proposed subdivision as a percentage of all the
acreage which, when fully developed, will benefit from
the on-site improvements; provided, the Planning
Conunission may use a different method of
measurement if it determines that use of the acreage
standard will not result in the subdivider bearing that
portion of the cost which bears a rational nexus to
the needs created by the subdivision.
(B) Delayed improvements. If the Planning
Commission determines that a needed off-site
improvement cannot be built until future development
occurs, the subdivider shall pay to the city an amount
determined by the Planning Commission in
accordance with the standards prescribed in division
(A) above to be the developer's proportionate share
of the cost of said off-site improvements as of the
date of final plat approval; provided, the subdivider
may, with approval of the Board of Directors,
guarantee payment of said amount so determined by
1991 S-1 Repl.
executing a bill of assurance, or performance bond,
in a form approved by the City Attorney; said bill of
assurance shall be filed of record and shall be a
covenant running with the land; said bill of assurance,
or performance bond, shall provide for payment of
interest on said amount at the rate of 10% per annum,
and shall obligate the landowner to pay to the city
the amount so determined by the Planning
Commission within ten days from receipt of written
notice from the city. The city shall deposit said money
into an interest-bearing escrow account until such
time as the off-site improvement is constructed. If the
off-site improvement is not constructed within five
years from the date of the fust payment into the
escrow account by a subdivider, the Planning
Commission shall hold a public hearing, after
notification to all affected property owners, to
determine the disposition of all money in the escrow
account. Following the public hearing, the Planning
Conunission may:
(1) Determine that the off-site improvement
is still necessary and feasible and can be built within
a reasonable time, in which case the escrow account
shall be continued for a period specified by the
Planning Conunission; or
(2) Determine that the off-site improvement
is not necessary, or will not be feasible, or that
insufficient development has occurred to render the
improvement likely in the foreseeable future, in which
case the Planning Commission shall either:
(a) Refund the money in the escrow
account, with accumulated interest, to the subdividers
who made the contributions; or
(b) Distribute the money in the escrow
account on a pro rata basis to the property owners
who purchased lots in the subdivision(s) and the
subdivider(s); or
(c) With the written consent of a
majority of the property owners who have purchased
lots in the subdivision(s) and the subdivider(s), direct
that money in the escrow account be utilized for a
different purpose which will specifically benefit the
neighborhood:
(C) Determining necessity for off-site
improvements. -
(1) When a proposed subdivision has
access to paved streets or roads only by way of
substandard or unimproved roads or streets leading
from the subdivision to the paved streets or roads, the
subdivider shall be responsible for contributing his
proportionate share of the cost of improving the
substandard access roads or streets to existing city
or county standards. The subdivider's proportionate
*hare of said costs shall be determined by the
Planning Commission in accordance with the
provisions of division (A) above.
(2) When a proposed subdivision has direct
access to, or fronts on, an existing road or street
which is below current standards, the subdivider shall
be responsible for contributing his proportionate share
of the cost of improving said street or road to existing
city ar county standards. The Planning Commission
shall determine the subdivider's proportionate share
of said costs in accordance with the provisions of
division (A) above.
(3) Off-site drainage improvements shall be
required whenever a proposed subdivision causes the
need for such improvements.
(D) Waivers. A subdivider may petition the
Planning Commission for a waiver of off-site
improvement requirements in whole or in part on one
or more of the following grounds:
(1) The city has no plans for upgrading
the substandard street or road on which off-site
improvements are proposed to be required by the
subdivider.
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(2) The proposed subdivision has primary
access to improved streets or roads and the portion
of the subdivision which fronts on a substandard
street or road is so small or remote from anticipated
future traffic patterns as to cause an unfair imposition
on the subdivider.
(3) The subdivider proposes alternative
off-site improvements which will protect the health,
safety and welfare of persons residing in the
proposed subdivision and the surrounding area and
equally benefit said persons.
(4) The subdivider does not propose
access to the proposed subdivision from an existing
substandard street or road and proposes to provide
access by way of streets or roads improved to
current city or county standards.
(E) OE -site improvements to state highways and
highways maintained by the State Highway and
Transportation Department. The subdivider shall be
1991 S-1 Repl.
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required to dedicate sufficient right-of-way to bring
those state highways which the master street plan
shows to abut or intersect the proposed subdivision
into conformance with the right-of-way requirements
of the master street plan. The subdivider shall be
required to install a sidewalk adjacent to that portion
of a state highway abutting the proposed subdivision;
provided, the subdivider shall be permitted to make
a cash contribution in lieu of actual installation, which
contribution shall be an amount equivalent to the
estimated cost of constructing the required sidewalk
as of the date of final plat approval; and, provided
further, that the Planning Commission may waive the
sidewalk requirement prescribed by this division upon
application by the subdivider and a determination by
the Planning Commission that the topography of the
proposed subdivision where it abuts a state highway
is such that installation of a sidewalk is not practical.
No other improvements to state highways shall be
required of the subdivider unless required by the State
Highway and Transportation Commission or by
Chapter 98.
('65 Code, App. C., Art. III, § A(4)) (Ord. 2293, passed
12-7-76; Am. Ord. 2361, passed 7-19-77; Am. Ord. 2570,
passed 10-16-79; Arn. Ord. 2860, passed 10-5-82)
§ 159.34 GUARANTEES rig LIEU OF INSTALLED
IMPROVEMENTS.
(A) The Planning Commission may approve the
final plat of a subdivision prior to the installation of all
the required improvements ff the subdivider:
(1) Deposits cash or a performance bond.
Such deposits of cash or a performance bond with the
city shall be in an amount equal to the estimated
cost of the improvements as determined by the City
Engineer or other city official for the entire subdivision
or portion thereof. Upon satisfactory completion of the
improvements, the subdivider may withdraw any
deposit made.
(2) Enters into an agreement or contract
with the city. If the subdivider chooses to begin his
construction program or to sell lots within the
subdivision prior to the installation of the required
improvements, he may enter into a written agreement
with the city, which shall include but not be limited to
the following conditions:
(a) The final plat is otherwise
approvable by the Planning Commission.
(b) The required improvements shall
be installed, if all the improvements have not been