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HomeMy WebLinkAbout2011-02-15 - Agendas - Final Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petry City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting February 15, 2011 A meeting of the Fayetteville City Council will be held on February 15, 2011 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 Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Airport Board Annual Presentation—Ray Boudreaux Agenda Additions: A. Consent: 1. Approval of the October 18, 2010 Joint Firemen's Pension and City Council and February 1, 2011 City Council meeting minutes. APPROVED 2. Bid #11-15 Elk River Construction, Inc.: A resolution awarding Bid #11-15 and authorizing a contract with Elk River Construction, Inc. in the amount of$84,825.00 plus a five percent (5%) project contingency for the construction of stream restoration at Niokaska Creek in Sweetbriar Park and approving a budget adjustment of$9,066.00. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 26-11 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #11-17 ADS Environmental Services, LLC: A resolution awarding Bid #11-17 and authorizing the purchase of seventeen (17) sewer flow monitors from ADS Environmental Services, LLC in the amount of $136,528.63 for installation in the city sewer collection system. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 27-11 4. Police Recording System: A resolution approving a budget adjustment in the amount of $43,000.00 moving unused funds designated for the police recording system to the police building remodeling project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 28-11 5. Ogden Insurance Agency Donation Revenue: A resolution approving a budget adjustment in the amount of$100.00 representing donation revenue received from Ogden Insurance Agency for the Fire Department's annual employee service awards event. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 29-11 6. Garver, LLC: A resolution approving a contract with Garver, LLC in an amount not to exceed $38,200.00 for the performance of an environmental assessment study for the Van Asche Boulevard extension project between Gregg Avenue and Garland Avenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 30-11 7. McClelland Consulting Engineers, Inc. Task Order #4: A resolution approving task order #4 to the contract with McClelland Consulting Engineers, Inc. contingent upon receipt of grant funding, authorizing the application and acceptance of a grant from the Federal Aviation Administration and Arkansas Department of Aeronautics to fund the project, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 31-11 8. Atlantic Machinery, Inc.: A resolution authorizing the purchase of a Schwarze A9000 sweeper from Atlantic Machinery, Inc. of Silver Spring, Maryland, pursuant to a competitive bid through the National Joint Powers Alliance (NJPA) cooperative purchasing agreement, in the amount of $190,100.00 for use by the Transportation Division, and approving a budget adjustment. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 32-11 B. Unfinished Business: 1. Amend Title XV: ADM 09-3480 (Streamside Protection): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 155: Appeals, Chapter 156: Variances, and Chapter 168: Flood Damage Prevention Code in order to establish Streamside Protection Zones and adopt a Protected Streams map and Best Management Practices Manual. This ordinance was left on the First Reading at the February 3, 2011 City Council meeting. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 THIS ITEM WAS LEFT ON THE SECOND READING. 2. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. This item was tabled at the February 3, 2011 City Council meeting to the February 15, 2011 City Council meeting. TABLED TO MARCH 15, 2011 CITY COUNCIL MEETING. C. New Business: 1. Amend 2011 Adopted Budget: A resolution amending the 2011 city budget by re- appropriating up to $58,840,788.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2010 city budget but not completed or delivered in 2010. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 33-11 2. Ozarks Electric Cooperative Corporation Cost-Share Agreement: An ordinance to waive competitive bidding, to approve a cost-share agreement with Ozarks Electric Cooperative Corporation in the amount of$38,250.48 for the extension of power to the Stone Mountain Water Pump Station, to approve a project contingency of$7,500.00, and approve a budget adjustment of$45,751.00. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5387 3. RZN 10-3732 (Brown, 2600 Crossover Rd.): An ordinance rezoning that property described in rezoning petition RZN 10-3732, for approximately 1.64 acres, located at 2600 Crossover Road from R-A, Residential Agricultural, to R-O, Residential Office. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5388 4. VAC 10-3735 (Firestone): An ordinance approving VAC 10-3735 submitted by H2 Engineering, Inc. for property located at 1965 Box Avenue to vacate a utility easement, a total of 240 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5389 5. Appeal Chapter 166.18 of the UDC: An appeal regarding staff interpretation of Chapter 166.18 of the UDC. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 34-11 City Council Tour: Monday, February 14, 2011 at 4:30 p.m. - Appeal Chapter 166.18 of the UDC—Paradigm Building,LLC, Tracy Hoskins, 3155 N. College Avenue. Announcements: 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 Adjournment: 11:20 p.m. NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to spear Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required. For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cell phones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 ,:ity Council Meeting: February 15,2011 Adjourn: Subject: Roll Petty Tennant Ferrell Adams ✓ Lewis Gray e/ Thiel Kinion Mayor Jordan ✓ Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Thiel Kinion Mayor Jordan City Council Meeting: February 15, 2011 Subject: Consent Motion To: PLO nAAX�t Motion By: �} Seconded: Petty Tennant nutao Ferrell 0'P'P`Ltiv,4 Adams ✓ Lewis Gray ✓ r Thiel ✓ I I Kinion 2 1k Mayor Jordan '7-D Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Thiel Kinion Mayor Jordan City Council Meeting: Feb, .ary 15,2011 Subject: Amend Title XV: ADM 09-3480 (Streamside Protection) Motion To: AAKA4 -W r,?Ad &ad . Motion By: TLi Seconded: Kim r CA B. 1 Petty Us--n4-Am a �nq ✓ Al Unfinished Tennant Business Ferrell ✓ ./ 4� 6v-' Adams Lewis "Set)4- aAs `i Gray o Thiel �/ ✓ y ✓ r� r Kinion L✓ ! ✓ Mayor Jordan Subject: Huntingdon Heights Appeal Motion To: Tom ` +O ars Ef . Motion By: Seconded: B. 2 Petty . Unfinished Tennant w=` Business Ferrell Adams Lewis Gray ✓ Thiel ✓ Kinion Mayor Jordan 70 City Council Meeting: February 15,2011 Subject: Amend 2011 Adopted Budget Motion To: /1 �-Y' r Z Motion By: � Seconded: C. 1 Petty New Tennant ✓ Business Ferrell ✓ Adams Lewis 5e Gray Thiel Kinion Mayor Jordan Subject: Ozarks Electric Cooperative Cor oration Cost-Share Agreement Motion To: and QAC( .3r IX n S z Motion By: Seconded: C. 2 Petty ✓ ✓ d/ New Tennant ✓ ✓ ✓ Business Ferrell �✓ ✓ �✓ Adams ✓ ✓ Lewis 6Lt5 &&4J Gray c✓ V✓ V/ Thiel ✓ / Kinion Mayor Jordan City Council Meeting: February 15, 2011 Subject: RZN 10-3732 (Brown,2600 Crossover Rd.) Motion To: gyA m\ � fC�t rC�Cldt Ct..aA-` Motion By: Seconded: C.3 Petty New Tennant p/ ✓ Business Ferrell ✓ Adams ✓ ✓ / Lewis Z Se (Age',*- Gray t/ rf ,sem Thiel v'` ✓ 3 g g Kinion ✓' c�®' Mayor Jordan Subject: VAC 10-3735 (Firestone) Motion To: nd 'R P aAA- Motion By: l� Seconded: C. 4 Petty r/ New Tennant vl ` Business Ferrell v' Adams t� Pip Lewis Gray �s 538 1 Thiel Kinion e� ✓'� " Mayor Jordan City Council Meeting: February 15,2011 Subject: Appeal Chapter 166.18 of the UDC Motion To: © : 6*, Motion By: Seconded: C. 5 Petty New Tennant Business Ferrell r/ Adams wrn r; Lewis xa r Gray Thiel �* LtJat, Kinion � I Mayor Jordan Subject: Motion To: Motion By: Seconded: Petty Tennant Ferrell Adams Lewis Gray Thiel Kinion Mayor Jordan aye evl le Departmental Correspondence LEGAL ARKANSAS DEPARTMENT Kit Williams TO: Lioneld Jordan, Mayor City Attorney Jason B.Kelley Assistant City Attorney THRU: Sondra Smith, City Clerk FROM: Kit Williams, City Attorney LX A--L— DATE: February 16, 2011 RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed at the City Council meeting of February 15, 2011 1. Bid #11-15 Elk River Construction, Inc.: A resolution awarding Bid #11- 15 and authorizing a contract with Elk River Construction, Inc. in the amount of $84,825.00 plus a 5% project contingency for the construction of stream restoration at Niokaska Creek in Sweetbriar Park and approving a budget adjustment of $9,066.00. 2. Bid #11-17 ADS Environmental Services, LLC: A resolution awarding Bid #11-17 and authorizing the purchase of seventeen ;sewer flow monitors from ADS Environmental Services, LLC in the amount of $136,528.63 for installation in the city sewer collection system. 3. Police Recording System: A resolution approving a budget adjustment in the amount of $43,000.00 moving unused funds designated for the police recording system to the police building remodeling project. 4. Ogden Insurance Agency Donation Revenue: A resolution approving a budget adjustment in the amount of$100.00 representing donation revenue received form Ogden Insurance Agency for the Fire Department's annual employee service awards event. 5. Garver, LLC: A resolution approving a contract with Garver, LLC in an amount not to exceed $38,200.00 for the performance of an environmental assessment study for the Van Asche Boulevard extension project between Gregg Avenue and Garland Avenue. 6. McClelland Consulting Engineers, Inc. Task Order #4: A resolution approving Task Order#4 to the contract with McClelland Consulting Engineers, Inc. contingent upon receipt of grant funding, authorizing the application and acceptance of a grant form the Federal Aviation Administration and Arkansas Department of Aeronautics to fund the project, and approving a budget adjustment. 7. Atlantic Machinery, Inc.: A resolution jauthorizing the purchase of a Schwarze A9000 sweeper from Atlantic Machinery Inc. of Silver Spring, Maryland, pursuant to a competitive bid through the National Joint Powers Alliance Cooperative purchasing agreement, in the amount of $190,100.00 for use by the Transportation Division, and approving a budget adjustment. 8. Amend 2011 Adopted Budget: A resolution amending the 2011 City Budget by reappropriating up to $58,840,788.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2010 City Budget but not completed or delivered in 2010.1: 9. Ozarks Electric Cooperative Corp. Cost-Share Agreement: An ordinance to waive competitive bidding, to approve a cosi-share agreement with Ozarks Electric Cooperative Corp. in the amount of$38,25,0.48 for the extension of power to the Stone Mountain Water Pump Station, to approve a project contingency of $7,500.00, and approve a budget adjustment of$45,'51.00. 10. Appeal Chapter 166.18 of the UDC: A resolution to approve a reduction of Master Street Plan right-of-way requirement in front of 3155 N. College to 40 feet from centerline and to deny Tracy Hoskins' appeal. I i 2 i I Aldermen Mayor Lioneld Jordan Ward 1 Position 1—Adella Gray Taye e�lle Ward 1 Position 2—Brenda ion City Attorney Kit Williams Ward 2 Position 1 —Mark Kinw Ward 2 Position 2—Matthew Petty City Clerk Sondra Smith Ward 3 Position l—Justin Tennant ARKANSAS Ward 3 Position 2—Robert Ferrell Ward 4 Position 1 —Rhonda Adams Ward 4 Position 2—Sarah E.Lewis Final Agenda City of Fayetteville Arkansas City Council Meeting February 15, 2011 A meeting of the Fayetteville City Council will be held on February 15, 2011 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 Mayor's Announcements, Proclamations and Recognitions: City Council Meeting Presentations, Reports and Discussion Items: 1. Airport Board Annual Presentation—Ray Boudreaux Agenda Additions: A. Consent: 1. Approval of the October 18, 2010 Joint Firemen's Pension and City Council and February 1, 2011 City Council meeting minutes. 2. Bid #11-15 Elk River Construction, Inc.: A resolution awarding Bid #11-15 and authorizing a contract with Elk River Construction, Inc. in the amount of$84,825.00 plus a five percent (5%) project contingency for the construction of stream restoration at Niokaska Creek in Sweetbriar Park and approving a budget adjustment of$9,066.00. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayelteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 3. Bid #11-17 ADS Environmental Services, LLC: A resolution awarding Bid #11-17 and authorizing the purchase of seventeen (17) sewer flow monitors from ADS Environmental Services, LLC in the amount of $136,528.63 for installation in the city sewer collection system. 4. Police Recording System: A resolution approving a budget adjustment in the amount of $43,000.00 moving unused funds designated for the police recording system to the police building remodeling project. 5. Ogden Insurance Agency Donation Revenue: A resolution approving a budget adjustment in the amount of$100.00 representing donation revenue received from Ogden Insurance Agency for the Fire Department's annual employee service awards event. 6. Garver, LLC: A resolution approving a contract with Garver, LLC in an amount not to exceed $38,200.00 for the performance of an environmental assessment study for the Van Asche Boulevard extension project between Gregg Avenue and Garland Avenue. 7. McClelland Consulting Engineers, Inc. Task Order #4: A resolution approving task order #4 to the contract with McClelland Consulting Engineers, Inc. contingent upon receipt of grant funding, authorizing the application and acceptance of a grant from the Federal Aviation Administration and Arkansas Department of Aeronautics to fund the project, and approving a budget adjustment. 8. Atlantic Machinery, Inc.: A resolution authorizing the purchase of a Schwarze A9000 sweeper from Atlantic Machinery, Inc. of Silver Spring, Maryland, pursuant to a competitive bid through the National Joint Powers Alliance (NJPA) cooperative purchasing agreement, in the amount of $190,100.00 for use by the Transportation Division, and approving a budget adjustment. B. Unfinished Business: 1. Amend Title XV: ADM 09-3480 (Streamside Protection): An ordinance amending Title XV: Unified Development Code of the City of Fayetteville, to amend Chapter 155: Appeals, Chapter 156: Variances, and Chapter 168: Flood Damage Prevention Code in order to establish Streamside Protection Zones and adopt a Protected Streams map and Best Management Practices Manual. This ordinance was left on the First Reading at the February 3, 2011 City Council meeting. Left on the First Reading 2. Huntingdon Heights Appeal: An appeal of the City Engineer's determination regarding the driveway approach at 3172 Warwick Dr. This item was tabled at the February 3, 2011 City Council meeting to the February 15, 2011 City Council meeting. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 C. New Business: 1. Amend 2011 Adopted Budget: A resolution amending the 2011 city budget by re- appropriating up to $58,840,788.00 in bonded or ongoing capital projects, outstanding obligations and grant-funded items previously appropriated in the 2010 city budget but not completed or delivered in 2010. 2. Ozarks Electric Cooperative Corporation Cost-Share Agreement: An ordinance to waive competitive bidding, to approve a cost-share agreement with Ozarks Electric Cooperative Corporation in the amount of$38,250.48 for the extension of power to the Stone Mountain Water Pump Station, to approve a project contingency of$7,500.00, and approve a budget adjustment of$45,751.00. 3. RZN 10-3732 (Brown, 2600 Crossover Rd.): An ordinance rezoning that property described in rezoning petition RZN 10-3732, for approximately 1.64 acres, located at 2600 Crossover Road from R-A, Residential Agricultural, to R-O, Residential Office. 4. VAC 10-3735 (Firestone): An ordinance approving VAC 10-3735 submitted by H2 Engineering, Inc. for property located at 1965 Box Avenue to vacate a utility easement, a total of 240 square feet. 5. Appeal Chapter 166.18 of the UDC: An appeal regarding staff interpretation of Chapter 166.18 of the UDC. City Council Tour: Monday, February 14, 2011 at 4:30 p.m. - Appeal Chapter 166.18 of the UDC—Paradigm Building,LLC, Tracy Hoskins, 3155 N. College Avenue. Announcements: Adjournment: NOTICE TO MEMBERS OF THE AUDIENCE All interested parties may appear and be heard before the City Council. If you wish to address the City Council on an agenda item please queue behind the podium when the Chair asks for public comment. Once the chair recognizes you, go to the podium and give your name and address. Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate elected official, staff member or others for response. Please keep your comments brief, to the point and relevant to the agenda item being considered so that everyone has a chance to speak. Interpreters or TDD for hearing impaired are available for all City Council meetings, a 72 hour advance notice is required For further information or to request an interpreter,please call 575-8330. As a courtesy please turn off all cellphones and pagers. A copy of the City Council agenda is available at accessfayetteville.org or in the office of the City Clerk, 113 West Mountain, Fayetteville,Arkansas. 113 West Mountain Fayetteville,AR 72701 (479)575-8323 accessfayetteville.org Telecommunications Device for the Deaf TDD/TTY(479)521-1316 w %8/daP/ A.2 Bid#11-15 Elk River _ Construction, Inc. Page 1 of 2 RESOLUTION NO. A RESOLUTION AWARDING BID #11-15 AND AUTHORIZING A CONTRACT WITH ELK RIVER CONSTRUCTION, INC. IN THE AMOUNT OF $84,825.00 PLUS A FIVE PERCENT (5%) PROJECT CONTINGENCY FOR THE CONSTRUCTION OF STREAM RESTORATION AT NIOKASKA CREEK IN SWEETBRIAR PARK AND APPROVING A BUDGET ADJUSTMENT OF$9,066.00. 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 awards Bid #11-15 and authorizes the Mayor to sign the contract with Elk River Construction, Inc. (attached as Exhibit"A') in the amount of$84,825.00 plus a five percent (5%) project contingency for the construction of stream restoration at Niokaska Creek in Sweetbriar Park. Section 2. That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Budget Adjustment in the amount of$9,066.00. PASSED and APPROVED this 15d' day of February, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN,Mayor SONDRA E. SMITH, City Clerk/Treasurer A.2 Bid#11-15 Elk River Construction, Inc. Page 2 of 2 2/10/20111qty Clerk-Streamside Protection Ordinance Seite 1 Amend Title XV:ADM 09-3480 (Streamside Protection) Page 1 of 4 From: "Filipek, Steve" <sfilipek@agfc.state.ar.us> To: <city_clerk@ci.fayetteville.ar.us> Date: 2/9/20114:25 PM Subject: Streamside Protection Ordinance Please forward this to Mayor Jordan and all the City Council members. strongly support the Streamside Protection Ordinance and encourage you all to think of the future of Fayetteville and support this ordinance as well. Scientifically, economically and logically, it's the right thing to do. Thank you for your consideration of this request, Steve Filipek i 2/10/2011 Ci Clerk-Streamside Protection Ordinance _ Sei4e 1 _ Amend Title XV:ADM 09-3480 (Streamside Protection) Page 2 of 4 From: Jed Hollan <jphollan@aol.com> To: "city_clerk@ci.fayetteville.ar.us" <city_clerk@ci.fayetteville.ar.us> Date: 2/10/2011 12:02 PM Subject: Streamside Protection Ordinance Please include me in the swelling ranks of those in favor of the captioned ordinance. Jed Hollan Founding president Trout Unlimited Heber Springs AR Sent from my iPhone (2/10/2011) City Clerk- Distribution of this e-mail to City Council Members Page 1 Amend Title XV:ADM 09-3480 (Streamside Protection) Page 3 of 4 From: (sharp@pgtc.com <fsharp@pgtc.com> To: <city_clerk@CI.FAYETTEVILLE.AR.US> Date: 2/10/20112:34 PM Subject: Distribution of this e-mail to City Council Members Dear City Clerk: I would appreciate your forwarding this e-mail to the Mayor and members of the City Council. Thank you, Frank Sharp Dear Mayor and Members of the Council: I would appreciate your supporting the Streamside Protection ordinance. As one that grew up with a hand- dug,totally inadequate, water well, I learned early on to appreciate the value of water. Later, running a USDA Government inspected food business for many years(the Ozark Mountain Smokehouse)our grant of inspection depended upon a supply of safe, abundent, affordable water. This is even more important for the large food prodcessing companies upon which the economy of this area depends. Let's protect our Beaver Lake treasure! Frank Sharp 2062 S. Smokehouse Trail Fayetteville, AR 72701 479-957-4069 B. 1 Amend Title XV:ADM 09-3480 (Streamside Protection) Page 4 of 4 H-a &* C.6 • �g�ao/� - Appeal Chapter 166.18 of the UDC ^ ^� l le Page 1 of 12C►Y/ THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE - ApKAN5A5 CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council Thru: Don Man, Chief of Staff&/--- From: Jeremy Pate,Development Services Director Date: February 07, 2011 Subject: ADM 10-3761 (Hoskins Appeal) This memo provides additional information regarding the recent appeal filed by Tracy Hoskins with regard to Unified Development Code(UDC) §166.18 Master Street Plan Setbacks. Please note that in order for the Council to hear this item, it must be considered an appeal of staff s interpretation of Ch. 166.18 of the UDC, and not an appeal of the denial of a sign permit. An appeal of a denial of a sign permit may only be reviewed by the Circuit Court. The applicant recently submitted a sign permit application for property located at 3155 N. College Avenue, followed by a site plan indicating a sign setback of 10 feet measured from the dedicated street right-of- way for N. College Avenue, which is 80 feet, or 40 feet measured from centerline. Staff denied the sign permit application due to the fact that the sign was not setback 10 feet as measured from the Master Street Plan right- of-way for N. College Avenue, most recently established in 2006 when Mr. Hoskins performed a major remodel for Haas Hall School and World Gym and constructed a building addition at this address. When Mr. Hoskins constructed the building addition the Master Street Plan right-of-way required 55 feet from centerline,which is indicated on the plans submitted and permitted at that time. At a later date,the City Council actually reduced the Master Street Plan right-of-way to 48.5 feet from centerline, from which staff is applying the current setback requirement for the sign permit. Pursuant to §155.06, the applicant is appealing the Zoning and Development Administrator's interpretation of§166.18 Master Street Plan Setbacks. As we understand the submitted information, the applicant makes two cases in the appeal: 1) That the use of the word"established"in§166.18 is the same as "existing," and therefore the setback is only 40 feet from centerline. The appeal states "in my case, the established right-of-way setback line is 40 feet from centerline of North College;" and 2) That sign setbacks are not subject to §166.18, since §166 is a development chapter and a sign does not fall under the category of development. In staffs opinion §151 and §166.18 clearly address both points of the appeal, and supports the decision of the Zoning &Development Adminstator's interpretation of the UDC resulting in the denial of the sign permit C.5 THE CITY OF F*PE"9nt A As UDC in its current form. First,the use of the term"established"must be clarified in the context of§166.18. The beginning of§166.18 reads: "The city shall require the applicant/developer to establish a right-of-way setback line based on the right-of-way requirements for streets and highways designated by the Master Street Plan. Such setback line shall be considered the property line for such purpose of satisfying the requirements of the UDO." (emphasis added) Consequently, the adopted Master Street Plan right-of-way line is considered the property line for satisfying the requirements of Chapter 174 Signs, and a monument sign or other structure shall be setback at least 10 feet from the right-of-way line. Signs have been consistently permitted under this regulation for at least the past decade, including others submitted by Mr. Hoskins. In support of the claim that a sign does not fall under the category of"development,"the applicant has provided a definition in the appeal letter. However, it does not appear that this language is taken from the UDC. Where a term is defined in the UDC, this definition is the most appropriate in the context of the UDC. §151 Definitions of the UDC provides the following related to development: Development(Streets and Sidewalks). Shall include, but shall not be limited to, the.construction of a new improvement, the construction of an addition to an existing improvement, or a parceling which results in the need for access and utilities. (emhasis added) Development Plan (Development). A drawing showing all proposed improvements to a piece of property such as streets,parking lots, buildings, drives, signs, utilities, drainage, grading and planting by size and location. (emhasis added) These definitions clearly support the idea that while a sign is not a large development in and of itself, a sign is considered an improvement similar to buildings and parking lots, and is therefore a category of development subject to the City's regulatory authority and the Master Street Plan right-of-way setback requirements. Moreover, the sign being discussed is related to a site that has been expanded and redeveloped in recent years, which relates directly to Mr. Hoskin's argument that the sign is part of a development that is drawing additional traffic to this site and thus has an impact on the area. Based upon these criteria taken directly from the Unified Development Code, staff does not find a way to reasonably support Mr. Hoskins' petition that his sign setbacks should be measured from the existing right- of-way line along College Avenue, which would be a vast departure in how the city permits sign applications. The Master Street Plan right-of-way was established at 55 feet from centerline in 2006 with the building permits issued for the development on this site; the more recent Master Street Plan actually reduced this right-of-way setback requirement to 48.5 feet from centerline. Staff finds that the proposed sign, as part of a development site, can be permitted only if in compliance with §166.18. Alternate Solution Staff has advised Mr. Hoskins that an alternative solution is available to either remedy or come closer to the result he is seeking for the sign on this particular property. As mentioned previously, the existing, dedicated right-of-way in this location is 40 feet from centerline. The Master Street Plan as currently adopted requires THE CITY OF fAf.Wll�eARlt;� P UDC age o 48.5 feet from centerline. As you are aware, staff is in the process of updating the Master Street Plan. We are recommending that the Master Street Plan right-of-way for a Principal Arterial be reduced from 48.5 feet from centerline to 43.5 feet from centerline. Once adopted, this will allow signs and other structures to be five feet closer to the street, as measured from the front property line. Staff recommends that the Council deny the administrative appeal,but approve a resolution that amends the Master Street Plan for this property to reflect the proposed Master Street Plan right-of-way of 43.5 feet from centerline. This will allow Mr. Hoskins some relief, while ensuring that the integrity of the Master Street Plan is continued. If desired, the Council could also amend the Master Street Plan to allow the current right-of-way,40 feet from centerline, to be the established Master Street Plan right-of-way for this location. To Mr. Hoskin's point, we do not anticipate College Avenue to expand beyond a five-lane section in the near or mid-term future. It would be a City Council policy decision whether to hold to the currently adopted 48.5 feet right-of-way setback, allow the anticipated Master Street Plan right-of-way of 43.5 feet or reduce it further to 40 feet from centerline. C.5 Appeal Chapter 166.18 of the UDC Page 4 of 12 K,:CI,C) ci al n`p' lk&.I f 'Y - U�d„ AP appal AP r .18 of the UDC Ta7yrLdi le Departmental Correspondence LEGAL Pa a or S WWW.acessfayetteville.org DEPARTMENT Kit Williams City Attorney TO: Mayor Jordan Jason B.Kelley City Council Assistant City Attorney CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Jesse Fulcher, Planner—Current Planning FROM: Kit Williams, City Attorney DATE: February 7, 2011 RE: Tracy Hoskins' Appeal Attached please find my memo of January 26, 2011 that I supplied to Jeremy Pate and Jesse Fulcher and which was requested and provided to Tracy Hoskins. I stand by the legal and constitutional analysis contained within that memo which concluded: "If the new development, here the construction of a sign, would not have such major traffic generating impact, we cannot demand dedication of right-of-way or prevent a landowner's use of a portion of his property because of a fictitious new property line." I also stated: "Developments that would create substantial increases in traffic because of new or enlarged buildings, etc. could probably meet this `rough proportionality' test and be required to dedicate right-of-way or even construct street improvements." Mr. Hoskins met this constitutionally required "rough proportionality" test in 2006 when he constructed a new or enlarged building at 3155 N. College Avenue where he now desires to place his monument sign. The plat he prepared for this construction of about 4,000 square feet of office space (attached) clearly shows that this construction triggered §166.18 Master Street Plan Setbacks and established a new "right-of-way setback line based upon the right-of-way requirements for streets and highways designated by the Master Street Plan." If you look at the site plan plat prepared by Paradigm (which is owned by Mr. Hoskins) for its Commercial Center, you can see the previously dedicated 40 foot right- of-way from the center of College. Also shown is a "65' BUILDING SETBACK LINE" near the edge of Paradigm's building. Since this property is zoned C-2 Thoroughfare Commercial, its front setback requirement is 50 feet, not 65 feet. {§161.20(E) of the Unified Development Code} This extra 15 feet was what was required by the Master C.5 Appeal Chapter 166.18 of the UDC Page 6 of 12 Street Plan which was 110 feet for a principal arterial or 55 feet from centerline instead of the 40 feet of the actual dedicated right-of-way. This additional 15 feet was not required to be dedicated by Paradigm or Mr. Hoskins when he built or enlarged his building. Instead his development merely established a new right-of-way setback line. However, from that point forward, "(s)uch setback line shall be considered the property line for such purpose of satisfying the requirements of the UDO." (§166.18 Master Street Plan Setbacks) Thus, Tracy Hoskins was required to and did "establish a right-of-way setback line based upon the right-of-way requirements for streets and highways designated by the Master Street Plan," in 2006. All other setbacks in the UDC would then "be dimensioned from (this newly) established right-of-way setback line." (§166.18) Because Mr. Hoskins' development of a new or enlarged building on his property in 2006 would generate sufficient traffic to justify a fifteen foot increase in setback requirements (to which he not only failed to object, but actually showed on his plat), the setback for a sign should also be dimensioned from this setback line established in 2006. §166.18 Master Street Plan Setbacks can now be constitutionally applied for Mr. Hoskins' proposed sign location because of his 2006 establishment of the new 55 foot line for setbacks to begin. It is also clearly within the City's statutory power. "§14-56-418. Setback lines; authorization When a master street plan has been adopted and filed as provided, the legislative body of the city, upon recommendation of the commission, may enact ordinances establishing setback lines on such streets and highways as are designated by the plan and may prohibit the establishment of any new structure or other improvements within the setback lines." Since what Mr. Hoskins did in 2006 in constructing a new or enlarged building would certainly be deemed " `development of land' under a valid regulation, then the Statute (A.C.A. §14-56-418) could provide authority for requiring reasonable right-of- way dedication." City of Jonesboro v. Vuncannon, 310 Ark. 366, 837 S.W. 2d 286, 290 (1992). Thus, the City's requirement to establish a new line from which to dimension setback requirements is both constitutionally and statutorily authorized. C.5 Appeal Chapter 166.18 of the UDC Page 7 of 12 MASTER STREET PLAN AMENDMENTS The Planning Department has recommended that the setback line established by Mr. Hoskins' development in 2006 at 55 feet from centerline be reduced to 48'/2 feet from centerline because the City Council reduced the right-of-way requirements for principal arterials in the 2006 Master Street Plan amendments. Since construction of a sign is a "development" (requires a building permit), §166.18 can be used to reduce the required setback line from 55 feet to 48'/2 feet with no consideration of whether or not there is any impact upon the City's infrastructure needs. On the other hand, §166.18 cannot increase the setback distance without such a "rough proportionality" test to justify an increased restriction upon an applicant's property. The City Council can reduce the Master Street Plan right-of-way requirements "in the event of undue hardship or practical difficulties" for a subject property. {§166.04 (13)(3)(a)(i) of the U.D.C.} Since the Planning Department is probably going to recommend a further reduction in Master Street Plan right-of-way requirements for College Avenue to 87 feet (43'/2 feet from centerline), the City Council could grant Tracy Hoskins this same reduction in advance of the formal adoption of the Master Street Plan amendments. If you did so, his "development" of the construction of his sign would trigger §166.18 provisions and change the line from which all setback requirements of the UDC would be measured from 55 feet from center line to 43'/2 feet from centerline. If you take no action, the legal and constitutional line for setbacks would only be reduced to 48'/2 feet from centerline from its current 55 feet from centerline. 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