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HomeMy WebLinkAbout2007-10-02 - Agendas - Final Aldermen Ward 1 Position 1—Adella Gray Mayor Dan Coody Ward 1 Position 2—Brenda Thiel Ward 2 Position 1 —Kyle B.Cook City Attorney Kit Williams Ward 2 Position 2—Nancy Allen PV1 C Ward 3 Position l—Robert K.Rhoads City Clerk Sondra SmithTayeliWard 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 October 2, 2007 A meeting of the Fayetteville City Council will be held on October 2, 2007 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 Nominating Committee Report — Fayetteville Public Facilities Board recommends the following appointments: Steve Clark, Steve Adams and Phil Taylor NOMINATING COMMITTEE REPORT WAS APPROVED. A. CONSENT: 1. Enforcement of Underage Drinking Laws Mini-Grant: A resolution authorizing the Fayetteville Police Department to accept a reimbursement mini-grant from the Arkansas Alcoholic Beverage Control Enforcement Division in the amount of$5,400.00 to enforce underage drinking laws; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 170-07. 2. Sam's Club Grant for Police Equipment: A resolution authorizing the Fayetteville Police Department to accept a grant from Sam's Club Foundation in the amount of $3,000.00 for the purchase of minor equipment; and approving a budget adjustment to recognize the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 171-07. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 3. 2007-2008 Selective Traffic Enforcement Grant: A resolution accepting the 2007- 2008 Selective Traffic Enforcement Program(STEP) Grant in the amount of$103,000.00 for the purpose of paying overtime to officers engaged in the enforcement of DWI/DUI and seatbelt laws and other purposes; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 172-07. 4. 2007 Edward Byrne Memorial Justice Assistance Grant: A resolution accepting the 2007 Edward Byrne Memorial Justice Assistance Grant in the amount of $83,183.00, $39,739.00 of which will be used by the Fayetteville Police Department for the purchase of equipment with the remainder to be distributed to the City of Springdale and Washington County; and approving a budget adjustment recognizing the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 173-07. 5. Time Striping Inc.: A resolution approving a contract with Time Striping, Inc. in the amount of $59,000.00 to re-paint the airfield markings at the Fayetteville Municipal Airport, Drake Field; approving a 5% contingency in the amount of$3,498.00; accepting an Arkansas Department of Aeronautics Grant in the amount of $73,448.00; and approving a budget adjustment to recognize the grant revenue. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 174-07. 6. Garver Engineers, LLC: A resolution approving Amendment No. I to the engineering contract with Garver Engineers, LLC in an amount not to exceed $278,150.00 for final design and bidding services associated with the Cato Springs Road Improvement Project. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 175-07. B. UNFINISHED BUSINESS: 1. Boardwalk Property Owners Association: An ordinance waiving the requirements of formal competitive bidding and approving a cost-share with the Boardwalk Property Owners Associated (POA) in an amount not to exceed $69,674.00 to dredge the Boardwalk POA pond. This ordinance was left on the First Reading at the August 7, 2007 City Council meeting. This ordinance was left on the Second Reading at the August 23, 2007 City Council meeting. This ordinance was left on the Second Reading at the September 4, 2007 City Council meeting and Tabled to the October 2, 2007 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 2. R-PZD 07-2576 (Woodstock Community): An ordinance establishing a residential planned zoning district titled R-PZD 07-2576, Woodstock Community, located south of Wedington Drive from 46th to Broyles Avenue; containing approximately 28.90 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Master Development Plan. This ordinance was left on the Second Reading at the September 4, 2007 City Council meeting. This ordinance was left on the Third Reading at the September 78, 2007 C Council meeting and Tabled to the October 2, 2007 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5963. 3. Status Report of the Renaissance Hotel Project. MR. JOHN NOCK GAVE A THE REPORT. 4. R-PZD 07-2649 (College Avenue Townhomes): An ordinance establishing a residential planned zoning district titled R-PZD 07-2649, College Avenue Townhomes, located southeast of College Avenue and Golden Eagle Drive; containing approximately 2.34 acres; amending the official zoning map of the City of Fayetteville; and adopting the Associated Master Development Plan. This ordinance was left on the Third Reading at the September 18, 2007 City Council meeting and Tabled to the October 2, 2007 City Council meeting. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5964. 5. R-PZD 07-2680 (Arcadian Court): An ordinance establishing a residential planned zoning district titled R-PZD 07-2680, Arcadian Court, located at 1631 West Deane Street; containing approximately 1.69 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 September 18, 2007 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. 6. Hobson, Inc. Appeal: An ordinance rezoning that property described in rezoning petition RZN 07-2667, for approximately 2.38 acres, located at 7613 Wedington from R- A, Residential Agricultural, to C-2, Thoroughfare Commercial. This ordinance was left on the First Reading at the September 18, 2007 City Council meeting. THIS ITEM WAS TABLED INDEFINITELY. C. NEW BUSINESS: 1. 2007 Millage Levy: An ordinance levying a tax on the real and personal property within the City of Fayetteville, Arkansas for the year 2007 fixing the rate thereof at 2.2 mills for General Fund Operations, 0.4 mills for the Firemen's Pension and Relief Fund, 0.4 mills for the Policemen's Pension and Relief Fund and 1.0 mill for the Fayetteville Public Library; and certifying the same to the County Clerk of Washington County, Arkansas. THIS ITEM WAS LEFT ON THE FIRST READING OF THE ORDINANCE. 2. Illinois River Watershed Partnership: An ordinance waiving the requirements of §34.23, (purchases and contracts not in excess of$20,000.00), of the Fayetteville Code of 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org Ordinances and approving a contract with the Illinois River Watershed Partnership (IRWP) in the amount of$10,000.00 for watershed education and planning services. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5965. 3. Red Oak Park Streambank Revised Improvement Project: A resolution approving a revised project design for the Red Oak Park Streambank Improvements submitted by the Arkansas Game and Fish Commission Region 1 Steam Team. THIS ITEM WAS TABLED INDEFINITELY. 4. RZN 07-2691 (JB Hays): An ordinance rezoning that property described in rezoning petition RZN 07-2691, for approximately 1.80 acres, located at 5393 East Huntsville Road from RSF-4, Residential Single-Family, 4 units per acre, to C-1, Neighborhood Commercial. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5966. 5. VAC 07-2705 (Driver S/D): An ordinance approving VAC 07-2705 submitted by Freeland, Kaufmann & Freeden for property located at the east end of Township, vacating the excess right-of-way on the north and south sides of Township, a total of 1,789 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5967. 6. VAC 07-2706 (Hammons): An ordinance approving VAC 07-2706 submitted by Stitt Energy Systems, Inc. for property located at 30 North Greenbriar Drive, vacating a portion of a utility easement, a total of 288 square feet. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5968. 7. VAC 07-2707 (City of Fayetteville/Broyles Ave.): An ordinance approving VAC 07- 2707 submitted by City of Fayetteville Water and Sewer Division for property located at the Westside Wastewater Treatment Plant (15 south Broyles Road), vacating the right-of- way for Broyles Road bisecting the City's Westside Wastewater Treatment Plant site, a total of 3.19 acres. PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5969. 8. Energy Efficient Building Policy: A resolution establishing an Energy Efficient Building Policy for the City of Fayetteville. PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 176-07. D. INFORMATIONAL: City Council Tour: None Meeting adjourned at 9:25 p.m. 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org 113 West Mountain 72701 (479)521-7700 (479)575-8257(Fax) accessfayetteville.org City Council Meeting October 2, 2N i Subject: Motion To: Motion By: Seconded: Cook Allen Rhoads Ferrell Lucas Jordan Gray r/ Thiel Mayor Coody q - U Subject: Motion To: . P Motion By: C- O O Seconded: Cook Allen Rhoads pFerrell Lucas V� Jordan Gray r/ Thiel Mayor Coody City Council Meeting October 2, 20v Subject: �� Motion To: Motion By: u�- Seconded: Cook Allen Rhoads Ferrell U"f Lucas d/ Jordan ✓.,. Gray Thiel Mayor Coody 17 - 0 Subject: bCute Motion To: Motion By: Seconded: 811 , Cook Allen Witt\I Rhoads Ferrell Lucas (� Jordan o/ . Gray Thiel Mayor Coody 1 City Council Meeting October 2, 20w, i' Subject: R — P Z o Motion T o: Motion By: Seconded: Cook Allen VV Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody -� -- 0 Subject: Motion To: Tit-0 -SCA Motion By: Seconded: Cook �J Allen Rhoads Ferrell Lucas Jordan Gray Thiel Mayor Coody 1 City Council Meeting October 2, 20v Subject: 2 - P D 07'cP.-46L�� N-U. �. vx(, 7, ),, A .. ) Motion To: Motion By: Seconded: Cook A Allen N i4 VV Rhoads Ferrell Lucas Old Jordan Gray Thiel Mayor Cood Y Y T � Subject: R , p a D r Qn� �wt7t Motion To: Motion By: A&A Seconded: Cook Allen �s Rhoads ✓ i/ e Ferrell Lucas r/ Jordan Gray Thiel Mayor Coody 8,® �e'O I City Council Meeting October 2, 20v i r-- Subject: Motion To: �"� �� A� Motion By: Seconded: Q Cook Allen Rhoads Ferrell Lucas Jordan newt e`a �/ Gray Thiel Mayor Coody 7 -0 Subject: 4 b :a,©At TALC Motion To: �� "�7 Motion By: Seconded: <f� Cook Allen Rhoads Ferrell J Lucas / Jordan ,i- Gray Thiel Mayor Coody ��U City Council Meeting October 2, 20v/ Subject: c4Z D 07 (/ i Motion To: Motion By: Seconded: C Cook N� Allen Rhoads Ferrell C14, Lucas 10 Jordan Gray Thiel Mayor Coody Subject: C� ) Q i N of S d ars Motion To: Motion By: Seconded: Cook Allen ,� ✓ �/ Rhoads Ferrell f ✓ ,�� � Lucas Jordan Gray ✓ .l �'' Thiel Mayor Coody City Council Meeting October 2, 20v i Subject: 1� ©Ok (�JLL � I SLJ Motion To: Motion By: Seconded: Cook N-Q�1 Allen Rhoads Ferrell ✓ Lucas Jordan ✓ Gray ✓ Thiel Mayor Coody Subject: z Motion To: n -3 Motion By: Seconded: 0 Cook ✓ ✓ Allen ✓ Rhoads ,✓ �- Ferrell Lucas ✓ �O ✓ Jordan ✓ ✓ ,/ Gray ✓ ✓ ✓ Thiel rs' ✓ �/ Mayor Coody � 1 City Council Meeting October 2, 206 Subject: ® 7 -7O�; Motion To: .3 A Motion By: d Seconded: 6 , 5 Cook ✓ - N Allen ✓ fw� Rhoads / ✓ o/" Ferrell Lucas �✓ Jordan t✓ Gray ,/ ✓ Thiel � 5�j/� ( Mayor Coody � Fro Subject: �- �"� — � tT� fy\W\C) 5 Motion To: � �Q.J1�L� Motion By: Seconded: Cook ^ ' Allen ✓ i/ Rhoads Ferrell ✓ a✓ ✓ LucasP#.A ✓ ( / Jordan Gray t✓ Thiel �,✓ ✓ Mayor Coody 0 v � City Council Meeting October 2, 20v i Subject: U A 'L Q? 70 7 t J a Motion To: K Motion By: Seconded: d�-- o Cook ✓ ✓ �✓ Allen �/ f,0' ✓ Rhoads ✓' ✓ �/ Ferrell �/ ✓ Lucas ✓ Jordan ✓ .- Gray �" �- ✓ Thiel Mayor Coody Subject: C ' Motion To: &IVL J 4-o oSlo1Qp�-�+�' Motion By: Seconded: Cook N� Allen Rhoads t✓ Ferrell ✓ Lucas ✓ �,,e' Jordan ✓ �- Gray nn Thiel �� V Mayor Coody Nominating Committee Report: AeMm SEP 21 2001 JAMES N. McCORD CfiyoFFAYETrEVILLE Attorney at Law CITY CLERK'S OFFICE 2446 ST. JAMES PLACE FAYETTEVILLE, ARKANSAS 72701 TELEPHONE (479) 695-1134 FACSIMLE (479) 521-6733 IlmmccordlawCcDalltel.net September 21, 2007 Hon. Dan Coody, Mayor VIA HAND DELIVERY City Administration Building 113 West Mountain Fayetteville,AR 72701 Re: Appointment of successor members to Fayetteville Public Facilities Board Dear Mayor Coody: The terms of Fayetteville Public Facilities Board members Dennis Smith, Steve Adams and Phil Taylor expire October 15, 2007. The City of Fayetteville recently advertised for applicants for appointment to the Public Facilities Board(the"PFB"). One application was received. It was submitted by Steve Clark. Dennis Smith advised the Board that he did not want to be re-appointed. Steve Adams and Phil Taylor have agree to serve another term. On September 19, 2007, the PFB voted to nominate Steve Clark to fill the expiring tern of Dennis Smith and to nominate Steve Adams and Phil Taylor for re-appointment to the Board. The Board requests that you appoint Steve Clark, Steve Adams and Phil Taylor to the PFB, subject to confirmation by the Fayetteville City Council as provided by Ark. Code Ann. Sec. 14-137-108. Sincerely, James N. McCord Board Counsel cc: Kit Williams, City Attorney Sondra Smith, City Clerk Nominating Committee Report: Public Facilities Board Page 2 of 2 2�c sr,AT STATE OF ARKANSAS DEPARTMENT OF AERONAUTICS _ /11o'/V 7 Little Rock National Airport - One Airport Drive - 3rd Floor Little Rock,Arkansas 72202-4402 Telephone: (501) 376-6781 - Fax: (501) 378-0820 XHKE GOVERNOR September 24, 2007 JOHN K. KNIGHT DIRECTOR Commissioners Mr. Ray Boudreaux, Directorfir•" Marion Burton Fayetteville Municipal Airport Little Rock 4500 South School Avenue Suite F SEP 28 ZOO/ Dr.Gene Jines Fayetteville, Arkansas 72701 Little Rock Charles Simmons Dear Mr. Boudreaux: Rogers Don Ruggles The Arkansas Department of Aeronautics Commission in their meeting of September 18, Texarkana 2007 approved the Grant # 2542-07 request for the cap amount of $73,448.00 available Lindley Smith under the Department of Aeronautics 100% grant matching funds program. *Please note Jonesboro this proiect must be completed with all completed and related paperwork for this grant Ken Johnson amount received byaV Pine Bluff 31, 2008 be used to remark all airfield pavement at Drake Field. Dr.William Morgan Your grant has been assigned a number for identification purposes. Please use 2542-07 as Paragould Your grant number when corresponding with our office concerning your project. You should advise the Director of this office if you fwd you will not be able to complete the project for the amount approved. An amendment request for the project may then be acted on at the next Commission meeting. The Commission will not be responsible for any additional project costs unless the sponsor has received notification in advance. The Commission has asked that we call your attention to Page Three (3) of your application for State Airport Aid. You agreed, when the application was submitted to start the project within three months after approval or the grant would be null and void. The next to the last paragraph requires that the project be completed within ones unless it is partially funded by the Federal Aviation Administration (FAA). Please advise if circumstances beyond your control prevent the completion within the allotted time, otherwise, the grant may be canceled. Payment of this grant may be made on completion of the project. Please request payment of this grant in writing and include your documentation for the project at that time. S' lY> , John K. Knight Director JK/nb ARKANSAS l'l l , C 1:1'Y OF E A Y E`F"l_I Vl J. 1..,l~,, A R KA iti S A.S 125 W. Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 To: Mayor Dan Coody, City Council From: Jeremy Pate, Director of Current Planning Date: 02 October, 2007 Subject: Woodstock Community PZD (R-PZD 07-2576) Amendments The applicants for this project recently met with Ward 4 representatives and constituents and have submitted correspondence indicating amendments to the proposed Residential Planned Zoning District for Woodstock Community PZD in an attempt to alleviate some of the stated concerns. The offered amendments, which would be added as conditions of approval attached to the staff report and filed in the office of the City Clerk, are described as follows: ADDED CONDITIONS: Street Improvements: 1. The applicant shall install a 5-foot sidewalk on one side of 461h Avenue from the southern boundary of the subject property to connect to the existing sidewalk along 46th Avenue, approximately 650 ft. to the south. The sidewalk shall be constructed within existing right-of- way where possible. Final location shall be approved by the City Engineer. 2. The applicant shall install two (2) traffic tables on 46th Avenue between Wedington Drive and Persimmon Street. Traffic tables shall meet City of Fayetteville specifications, and shall be approved by the Engineering Division. Building Height: 3. Buildings B, E and G that front onto Wedington Drive shall be permitted two maximum building heights. The northern half of each building shall contain a maximum of three floors, not to exceed 50 feet in total height. The southern half of each building shall contain a maximum of four floors, not to exceed 62 feet in total height (see attached diagram labeled `Amended Building Height'). 4. Building I that fronts onto 46th Avenue shall be permitted two maximum building heights. The eastern half of the building shall contain a maximum of three floors, not to exceed 50 feet in total height. The western half of the building shall contain a maximum of four floors, not to exceed 62 feet in total height (see attached diagram labeled `Amended Building Height'). K•1CITY COUNCIL AGENDA REQUESTSI2007 Agenda Requests117-September 4, 20071 Woodstock PM Woodstock Memo-Amendments.doc ..__ Kis � �_����.�„r�_.... ____-• � R ' � � O y B O- K 1 l Iz rc i tri q I{ O � wA3ai1'AVMaNO3lV ,v,m+>•M a I I 1 I1r{��' n I ^'�,"• I C o . iII =± ea I YLINobY, , . 1 � � �• f a� � � � iA Y . 2. tp J j �/�• t—�- I \' L CD / W.$ 4 `� R lim=J v CD i 1 ' i I I nom• CD 0 . Dai .` i..+ g9 .. bi p �+v.r num.v — • 1 " T T F .J3 (� C �..'. , ' C a� a I O � (D CD .� r tE I ; jigz r � �7 '�! III I N..► . I t li � r ! 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Mountain St. Fayetteville, AR 72701 PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267 To: Mayor Dan Coody, City Council From: Jeremy Pate, Director of Current Planning Date: 02 October, 2007 Subject: Woodstock Community PZD (R-PZD 07-2576) Amendments The applicants for this project recently met with Ward 4 representatives and constituents and have submitted correspondence indicating amendments to the proposed Residential Planned Zoning District for Woodstock Community PZD in an attempt to alleviate some of the stated concerns. The offered amendments, which would be added as conditions of approval attached to the staff report and filed in the office of the City Clerk, are described as follows: ADDED CONDITIONS: Street Improvements: 1. The applicant shall install a 5-foot sidewalk on one side of 46th Avenue from the southern boundary of the subject property to connect to the existing sidewalk along 46th Avenue; approximately 650 ft. to the south. The sidewalk shall be constructed within existing right-of- way where possible. Final location shall be approved by the City Engineer. 2. The applicant shall install two (2) traffic tables on 46th Avenue between Wedington Drive and Persimmon Street. Traffic tables shall meet City of Fayetteville specifications, and shall be approved by the Engineering Division. Building Height: 3. Buildings B, E and G that front onto Wedington Drive shall be permitted two maximum building heights. The northern half of each building shall contain a maximum of three floors, not to exceed 50 feet in total height. The southern half of each building shall contain a maximum of four floors, not to exceed 62 feet in total height(see attached diagram labeled `Amended Building Height'). 4. Building 1 that fronts onto 46th Avenue shall be permitted two maximum building heights. The eastern half of the building shall contain a maximum of three floors, not to exceed 50 feet in total height. The western half of the building shall contain a maximum of four floors, not to exceed 62 feet in total height (see attached diagram labeled `Amended Building Height'). K:ICITY COUNCIL AGENDA REQUESTS12007 Agenda RequesaI17-Seplemher 4, 20071 Woodstock PZDI Woodstock Memo-Amendments.doc Densi : 5. The total number of dwelling units within Planning Area 1 (Mixed Use) shall subsequently be reduced by 40 units, in accordance with the reduction in building height of Buildings B, E, G and I. A maximum of 184 dwelling units shall be permitted within Planning Area 1, Mixed Use, which results in a total maximum number of 342 dwelling units on the subject property. 46t`Avenue Access: 6. The northern- and southern-most access drives to 461h Avenue shall be constructed as ingress- only (the drive south of Building J and the drive south of Lot 54). Stormwater Management Bond: 7. A Performance Guarantee shall be provided for Phases 2-7 of construction in the amount of 100% of the costs for installing the storm water erosion control devices and maintaining said devices for a period of one year. No grading beyond Phase I shall proceed on the future phases until the performance guarantee has been submitted and accepted by the City Engineer. All conditions,. if approved by the City Council, shall be reflected accordingly in the PZD booklets and plats and submitting to the Planning Division for final approval prior to issuance.of:any . construction permits. Attached.to this memo is a graphic exhibit that also depicts the building height changes Staff recommends the City Council. make a formal amendment to the PZD, accepting the additional conditions of approval as offered by the applicant and indicated herein. These conditions, should they be accepted, will then be added to the official conditions of approval as found on record with the office of the City Clerk Treasurer. K ICITY COUNCIL AGENDA REQUESTS12007 Agenda RequestsII7-September 4, 20071WoodstockPZD1 Woodstock Memo-Amendments_doc . A( �l y .1 �y •, � . -1•� Y•j M yl 4� : ' 1 �'SV • .y .-.__.y.._ � 'IG ,: t' '.>� �>3 � A • §j di R �y k y 4"f,, D z I! it � - r. • Y Y 1 tl ' r & '2 arrr i ty u .. B4 _.i'a_• r O9 ° r _ I �t• I• I� J� 1=N nni "I d ••1 _ > -Imo I $tii y�kppq. > 000• lei. +I _m_ qYo r� `�� ;,\. • e----- � CD �? UQ CD 071 m CD �'.. 60 G �uar meer,v — C' I i = W L"• CD i �W— �a 1 y i O tl uma 1 i to ;' � 7 O ! I y .(. 15 NOOI 9 l y j M� • � �'�,"�� � .�I E 'j 'I i • I � g 1 ' ch A j� it II I i it III II ME W — 0'. it " I $---�- �I ` � . � . 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I I x97 9 a sa a q6 r q! .Z TWO SPEED TABLES TO BE INSTALLED Z z �EP t a i IL Q I�'q 9 a � R 5g 56 > a• ��I I [6 i £ O � , � d I � �� 5�4yiEi§ ��,°" �X & 8 C Q oa e{ml.0 �.i.y ssw I0m®csor�bi xo LSI � Ili �1I i �I . :dc• 'I! �s "i?r ••! a E d i a��� �s � 8 I "n ° S E i i 41: 7 eq. �i yy g � A Sg•' R �•i R: x Q oa z I�l.t�� I e eNMI, Ji •c'i $ s8 !#es' ij;; fa a I '��e8d�..S: s�i N g gg £ >iSg'�a `, 8�d I (I��X9 Ei . b`s ; "y /�^F��_ . ° : u I ��4 S; €�$I la b: T -. 10/2/2007) City Clerk - R-PZD 07-2576 Woodstock Community Page 1 RECEIVED From: <BZiada@ceieng.com> OCT 0 2 2007 To: <mayor@ci.fayetteville.ar.us> Date: 10/2/2007 1:31 PM CITY OF FAYETTEVILLE Subject: R-PZD 07-2576 (Woodstock Community) CITY CLERK'S OFFICE CC: "Shirley Lucas" <ward4 post @ci.fayetteville.ar.us>, "Lionel Jordan" <Ilj... Dear Mayor Coody and City council Members, will not be able to attend the City Council meeting for tonight October 2 nd due to a last minute business trip. Below are my comments for the proposed development: Traffic: At the last meeting on September 18th the developer in response to my questions regarding land use shown on his traffic report indicated that the 20,000 SF grocery store will be light and unlike Harp's store, there is no such thing in the development community around the country when calculating trip generation rates that one uses a term as light grocery, the developer is avoiding using the designated definition of grocery in the Institute of Transportation Engineers (ITE) trip generation manual, in turn he uses a general retail which generates a significant less number of trips. I don't understand how a light grocery store will be able to afford paying high rent when they are generating light traffic and not selling enough merchandise and making profit, is this the development that is going to be built, they may have in mind charging $10.00 for a bottle of milk and so on based on the light traffic that they will be generating. This is a misrepresentation to show the city less trips which in reality it is a lot more. The city is calculating a cost sharing on Broyles traffic signal which will use tax payer's money and it should be done the correct way to make sure they pay their fare share of the cost of the improvements that they need to. The developer should have his traffic consultant come before you to present the traffic conditions that will be generated and the impact and mitigations that needs to be done by this proposed development. The traffic engineer can explain to you better from a technical stand point not a marketing version of the developer. The city needs to look very closely at the proposed land uses and make sure accurate information has been presented before making it this far in the process. Drainage: The exiting conditions on the subject site receives water run off from offsite around 100 acres of rainfall, any negative impact to the way off-site drainage is handled currently will have an impact on the adjacent properties causing flood damage to their properties including mine. The existing method currently is for the water to go through the drainage ditch to the southeast of the development and then into the 20 acre open field before leaving the site. To put the detention bond at the southeast part of the site and design it 8-10 feet deep is done to maximize the number of buildings on their property and cause the detention to function as a dam that will slow the flow of water into the west side of their proposed development, should there be any obstruction to the storm sewer or lack of maintenance in the detention pond will cause the water to be detained on adjoining properties causing flooding. 10/2/2007} City Clerk R-PZD 07-2576 Woodstock Community r Pa e 2 The detention pond 100 year flood elevation should be kept inside the detention pond and not outside to prevent our properties from being used as a,detention area. .The developer should also document the finished floor elevation of all the properties that off-site drainage come from to make sure if there is any flooding or change from the pre-development conditions that the developer or the city takes full responsibility of correcting the damages. This is done around the country when there are known drainage problems and a development is being proposed to protect existing home owners. Solution: Move the detention bond from where it is proposed to be placed on the center of phase 7 and enlarge the size of the pond not in depth to provide safety and avoid flooding to adjoining property owners due to obstruction or lack of maintenance. The city now is requiring the developer to posting a bond, this is a good start, if I may add this bond should have some conditions that the developer shall comply with such as building it according to the approved plans and specifications by the city and provide an As-Built drawing for all storm water structures before releasing the bond. Also the city needs to have a three year maintenance bond and a program on how the maintenance will be preformed, this is essential as most problems happen when it is not maintained. Scale: The proposed development is not to scale with the surrounding homes; it is the largest buildings west of the University besides the Holiday Inn off 1-540. There need to be screening from the adjacent properties as it is a different zone to the south since a commercial building will be built first to avoid the headlight from the cars facing south to be shining into our homes, I would suggest screening walls or shrubs at a minimum of 4 feet. Solution: This project is best suited in areas off 1-540 Truck Delivery and hours of operations: No trucks delivery between the hours of 10:00 PM- 6:00 AM, any outdoor speakers or loud music at any facility within the proposed development past "10:00 PM. Construction: The phasing of this project is 8-10 years according to the developers plan; this will subject the surrounding homes to a construction period of up to 10 years of dust, noise, soil erosion. No construction entrance to the proposed site should be from 46th Ave. Thank you 10/2/2007 Ci!y, Clerk - R-PZD 07-2576 Woodstock Community Page 3 Bassam Ziada 723 N 46th Ave Fayetteville, AR 72704 HM # 444-9044 Cell # 426-1380 ES. BILL OF ASSURANCE FOR THE CITY OF FAYETTEVILLE, ARKANSAS In order to attempt to obtain approval of a request for a zoning reclassification, the owner of this property (hereinafter "Petitioner") Hobson, Inc., , an Arkansas Corporation, hereby voluntarily offers this Bill of Assurance and enters into this binding agreement and contract with the City of Fayetteville, Arkansas. Petitioner holds title to, and seeks a rezoning classification for, the following described lands situated in Washington County, Arkansas, to-wit: A part of the SW 1/4, of the SE 1/4, Section 9, T-16-N, R-31-W described as beginning at a point S 1°17'49"W 39.12 feet from the Northeast corner of said 40 acre tract, said point being on the South Right-of-Way of Arkansas Highway 16; thence S1°17'49" W 146.88 feet; thence along a fence S89°10'35" W 61.88 feet; thence NO°40'45" E 148.25 feet, to the said Highway Right-of-Way; thence along said Right-of-Way S89°3325" E 63.44 feet, to the point of beginning, containing 0.21 acres, more or less, Washington County, Arkansas. Subject to a 18.00 foot road easement along the East side thereof. -and- A part of the SW 1/4, of the SE 1/4, Section 9, T-16-N, R-31-W described as beginning at a point S 1°17'49" W 186.00 feet from the Northeast corner of said 40 acre tract; thence S1017'49" W 381.00 feet; thence N89°32'06" W 250.00 feet; thence N1017'49" E 373.78 feet; thence along a fence N88°41 '34" E 188.33 feet, N89°10'35" E 61.88 feet, to the point of beginning, containing 2.17 acres, more or less, Washington'County, Arkansas. Subject to: An 18.00 foot Road Easement along the East side thereof. And having a property street address of 7613 Wedington (12611 Hwy 16W), Fayetteville, Arkansas. The Petitioner expressly grants to the City of Fayetteville the right to enforce any and all of the terms of this Bill of Assurance in the Circuit Court of Washington County and agrees that if Petitioner or Petitioner's heirs, assigns, or successors violate any term of this Bill of Assurance, substantial irreparable damage justifying injunctive relief has been done to the citizens and City of Fayetteville, Arkansas. The Petitioner acknowledges that the Fayetteville Planning Commission and the Fayetteville City Council will reasonably rely upon all of the terms and conditions within this Bill of Assurance in considering whether to approve Petitioner's rezoning requests. Petitioner hereby voluntarily offers assurances that Petitioner and Petitioner's property shall be restricted as follows IF Petitioner's rezoning is approved by the Fayetteville City Council. 1. The use of Petitioner's property shall be limited to Use Unit 12, Use Unit 17, and Use Unit 25 as described and set forth in Chapter 162 Title XV of the Unified Development Code for the City of Fayetteville Arkansas 2. Other restrictions including number and type of structures upon the property are limited to 3. Specific activities will not be allowed upon petitioner's property include any uses not included in Use Units 12 17 and 25 described above; and any activities related to: (aa) bodypiercing and tattoo services; (b) manufactured homes; and (c) the sale and repair of large commercial type vehicles otherwise allowed under Use Unit 17, to include buses, trucks, trailers and farm equipment 4. (Any other terms or conditions) An area consisting of no less than twenty (20) feet in width and running adjacent and along the south property line of the subject property shall serve as a buffer zone between the subject propgrty and the neighbors to the south of the subject property. The buffer area shall be maintained in conformity with the remainder of the subject property, but shall not be used for any purpose other than landscaping and/or natural vegetation growth If requested by the City_of Fayetteville at any time a privacy fence or a natural vegetation barrier (such as hedge) shall be constructed along the said boundary line to the rear (south of the subject property. 5. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Bill of Assurance shall be filed for record in the Washington County Circuit Clerk's Office after Petitioner's rezoning is effective and shall be noted on any Final Plat or Large Scale Development which includes some or all of Petitioner's property. IN WITNESS WHEREOF and in agreement with all the terms and conditions stated above„ Hobson, Inc., , as owner (Petitioner) voluntarily offer all such assurances and sign my name below. Hobson, Inc. Q � Date David Pearce, President Rt. 6, Box 269-1 By: Fayetteville, AR 72701 Patricia Pearce, Secretary NOTARY OATH STATE OF ARKANSAS } } .ss\ COUNTY OF WASHINGTON } `` And now on this the day of �6 ,, , 2007, appeared before me, a Notary Public, duly commissioned, qualified and acting, within and for said County and State, appeared David Pearce and Patricia Pearce, who acknowledged themselves to be the President and Secretary, respectively, of Hobson, Inc., an Arkansas Corporation, and that they, after being placed upon their oath swore or affirmed that they agreed with the terms of the above Bill of Assurance in their aforesaid capacities of said corporation and on behalf of said corporation, and signed their names above for the consideration, uses and pu ses therein mentioned and set forth. °��oT ••, DONALD E WILSON MY COMM;SS!:,•1v ,,�(,,5 ori §910ni pares; NOTARY PUBLIC "„5"`' Wasninginn Gotam s o � o�, � . THIS INSTRUMENT PREPARED BY: Donald E. Wilson, P.A. Attorney at Law P.O. Box 1285 VV Fayetteville, AR 72702-1285 BILL OF ASSURANCE KNOW ALL MEN BY THESE PRESENTS: THAT Hobson, Inc., an Arkansas Corporation, holds title to the following described lands situated in Washington County, Arkansas, to-wit: A part of the SW %, of the SE %, Section 9, T-16-N, R-31-W described as beginning at a point S1017'49"W 39.12 feet from the Northeast corner of said 40 acre tract, said point being on the South Right-of-Way of Arkansas Highway 16; thence S1°17'49" W 146.88 feet; thence along a fence S89°10'35" W 61.88 feet; thence N004045" E 148.25 feet, to the said Highway Right-of- Way; thence along said Right-of-Way S8903325" E 63.44 feet, to the point of beginning, containing 0.21 acres, more or less, Washington County, Arkansas. Subject to a 18.00 foot road easement along the East side thereof. -and- A part of the SW %, of the SE %, Section 9, T-16-N, R-31-W described as beginning at a point S1°17'49" W 186.00 feet from the Northeast corner of said 40 acre tract; thence S1°17'49" W 381.00 feet; thence N89032'06" W 250.00 feet; thence N101749" E 373.78 feet; thence along a fence N88041'34" E 188.33 feet, N89010'35" E 61.88 feet, to the point of beginning, containing 2.17 acres, more or less, Washington County, Arkansas. Subject to: An 18.00 foot Road Easement along the East side thereof. And having a property street address of 7613 Wedington (12611 Hwy 16W), Fayetteville, Arkansas. The Grantor, Hobson, Inc., has filed its application with the City of Fayetteville for rezoning of the above-described property from R-A, Residential-Agricultural, to C-2, Thoroughfare Commercial As a part of this Bill of Assurance, certain safeguards and restrictions hereinafter referred to as "Restrictions" are hereby placed on the above-described real property. RESTRICTIONS The purpose of these restrictions is to restrict and limit the use of the above- described real property under a C-2 Zoning classification as set forth in Chapter 161 .18,