HomeMy WebLinkAbout2015-05-19 - Agendas - Archive Alderman Adella Gray Alderman Justin Tennant
Ward 1 Position I Ward 3 Position I
e �-
Alderman Sarah Marsh u. Alderman Martin W. Schoppmeyer,Jr.
Ward I Position 2 Ward 3 Position 2
Alderman Mark Kinion Alderman John La Tour
Ward 2 Position l Ward 4 Position l
Alderman Matthew Petty Alderman Alan T.Long
Ward 2 Position 2 Ward 4 Position 2
Mayor Lioneld Jordan
City Attorney Kit Williams
City Clerk Sondra E. Smith
City of Fayetteville Arkansas
City Council Meeting
May 19, 2015
A meeting of the Fayetteville City Council was held on May 19, 2015 at 5:30 p.m. in Room
219 of the City Administration Building located at 113 West Mountain Street, Fayetteville,
Arkansas.
Call to Order
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items
Agenda Additions
A. Consent
1. Approval of the May 5, 2015, 2015 City Council meeting minutes.
APPROVED
2. Rainmaker Sales,Inc. A resolution to authorize the purchase of an expansion poly trailer
from Rainmaker Sales, Inc. of Shawnee, Oklahoma in the amount of $6,000.00 plus
applicable sales taxes for use by the water and sewer operations division, and to approve a
budget adjustment.
PASSED AND SHALL BE RECORDED AS RESOLUTION NO. 102-15
B. Unfinished Business
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayetteville-ar.gov
C. New Business
1. RZN 15-5033 (232 W. Ash St./Koutroumbis): An ordinance rezoning that property
described in Rezoning Petition RZN 15-5033, for approximately 0.30 acres, located at 232
W. Ash Street from RSF-4, Residential Single Family, 4 units per acre to RMF-12,
Residential Multi Family, 12 Units per Acre.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5770
2. VAC 15-5020 (2288 N. Hidden Creek Dr./Kennedy): An ordinance approving VAC 15-
5020 submitted by Jeremy Kennedy for property located at 2288 N. Hidden Creek Drive
to vacate a portion of an existing utility easement.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5771
3. RZN 15-4965 (South end of Rupple Rd./Rupple Road Extension Corridor): An
ordinance rezoning that property described in Rezoning Petition RZN 15-4965, for
approximately 642 acres, located at the southern end of Rupple Road from R-A,
Residential-Agriculture; RSF-1, Residential Single Family One Unit per Acre; RSF-4,
Residential Single Family Four Units per Acre; and RSF-8, Residential Single Family
Eight Units per Acre to NC, Neighborhood Conservation; CS, Community Services, UT,
Urban Thoroughfare; and R-A, Residential Agricultural.
THIS ORDINANCE WAS LEFT ON THE FIRST READING
4. RZN 15-5004 (South end of Pumpkin Ridge Dr./Falling Waters) Appeal: An
ordinance rezoning that property described in Rezoning Petition RZN 15-5004, for
approximately 17.37 acres, located south of Pumpkin Ridge Road from R-A, Residential-
Agriculture to RSF-2, Residential Single Family, 2 Units per Acre.
THIS ORDINANCE WAS LEFT ON THE FIRST READING
5. Amendment of the Master Street Plan: A resolution to amend the Master Street Plan by
removing a bridge connection on Raven Lane over Clabber Creek south of Crystal Springs
Phase III.
THIS RESOLUTION WAS TABLED TO THE JUNE 16, 2015 CITY COUNCIL
MEETING
6. Amend §162.01 (B)(2) To Add "Landscape Contracting Business": An ordinance
amending Unified Development Code §162.01 (b)(2) to add "Landscape Contracting
Business" as a use allowed by conditional use permit in all zoning.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5772
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
7. Amend §167.04 (J)(3) Off-Site Forestation: An ordinance to amend § 167.04(J)(3) Off-
site forestation to authorize the City Council to allow forestation within a nearby city park
or public right of way if determined by the City Council to be in the best interests of our
citizens.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5773
8. Amend Article IX Telecommunications Board: An ordinance to amend Article IX
Telecommunications Board of the Code of Fayetteville to conform changes in state law
and to clarify definitions and duties of the board.
PASSED AND SHALL BE RECORDED AS ORDINANCE NO. 5774
Announcements
City Council Agenda Session Presentations
1. CH2M Annual Report, Billy Ammons
City Council Tour
Adjournment: 7:27 p.m.
113 West Mountain Fayetteville,AR 72701 (479)575-8323 www.fayettevi IIe-ar.gov
City Council Meeting: May 19, 2015 Adjourn: �,°d{ 7 OYr7l
Subject: Roll
Tennant
Schoppmeyer
La Tour
Long ✓
Gray ✓
�pa Marsh
Kinion
Petty ✓
Mayor Jordan
$-O
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting: May 19, 2015
Subject: Consent
Motion To:
Motion By:
Seconded:
Tennant ✓
fn,a7�A Schoppmeyer ,✓
^Tr La Tour
Long ✓
Pcr44Ad Gray e/
Marsh ✓
Kinion
Petty
Mayor Jordan
Subject:
Motion To:
Motion By:
Seconded:
Tennant
Schoppmeyer
La Tour
Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting: May 19,2015
Subject: RZN 15-5033 (232 W.ASH ST./KOUTROUMBIS)
Motion To: 3 A
Anj r
Motion By: 62
Seconded: Oeon M
C. 1 Tennant I/ /
New
Schoppmeyer r/
Business La Tour
Long / ✓ ✓
Gray r✓ ✓ ✓
Marsh r/ ✓ ✓
Kinion ✓
Petty
CJ Mayor Jordan
Subject: VAC 15-5020 (2288 N. HIDDEN CREEK DR./KENNEDI�
Motion To:
-Ind Pu aJ 3rd KI a.J 6,0k�
Motion By: A4 A,vak
Seconded: Gp�p ✓
C. 2
Tennant �✓ c/ �''
New Schoppmeyer ✓ L '
Business La Tour a4tytt
Long ✓ �� ✓
tae Gray ✓ V ' ✓r
Marsh ✓ c ✓
Kinion 1/ "'� ` ✓
Petty
Mayor Jordan
City Council Meeting: May 19,2015
Subject: RZN 15-4965 (SOUTH END OF RUPPLE RD./RUPPLE ROAD EXTENSION CORRIDOR)
Motion To:
Motion By:
Seconded:
C. 3 Tennant
New Schoppmeyer
Business La Tour '�6 ,
n Long
�t pri Gray
Marsh
J Kinion
gc(pj�� Petty
Mayor Jordan
Subject: RZN 15-5004 (SOUTH END OF PUMPKIN RIDGE DR./FALLING WATERS)APPEAL
Motion To:
Motion By:
Seconded:
C. 4 Tennant
New, Schoppmeyer
Business La Tourty a .. :
0A Long
Gray
Marsh
Kinion
Petty
Mayor Jordan
City Council Meeting: May 19,2015
Subject: AMENDMENT OF THE MASTER STREET PLAN
Motion To:
Motion By: Abtt
Seconded:
C. 5 Tennant i
New Schoppmeyer
Business La Tour
�} Long
Oak" Gray
_ Marsh r/
Kinion
LCvI SUIS �,
Petty
Mayor Jordan
7-0
Subject: AMEND §162.01 (B)(2)TO ADD "LANDSCAPE CONTRACTING BUSINESS"
Motion To: ��� 3 rid lie �Co•
Motion By: a
Seconded:
C. 6 Tennant ✓ ✓ �/
New Schoppmeyer / ✓ f�
Business La Tour a4t"t
Long ✓ �`
Gray
Marsh
Kinion
Petty
�� Mayor Jordan 7-0
City Council Meeting: May 19, 2015
Subject: AMEND § 167.04 (J)(3) OFF-SITE FORESTATION
Motion To: B 104416.
Motion By: G /!/( /0,1
Seconded: P
C 7 Tennant / ✓ ✓
Schoppmeyer a ✓ �''
New 14 vd k
Business La Tour ��g, �h W,4 - f �q
Long a'
Gray ✓ ✓ ,..•- "�
PAAAAJ
Marsh ✓ ✓ ° '
Kinion
Petty
(n Mayor Jordan
Subject: AMEND ARTICLE IX TELECOMMUNICATIONS BOARD
Motion To: J n a,( 3 rd RtAll Pte-
Motion By:
141, GLI�
Seconded: (a MR�tQ
C 8 Tennant ✓ ✓ ✓
New
Schoppmeyer
Business La Tour Lb6. id
Long
Ped Gray
Marsh ✓
Kinion ✓ ✓
Petty ✓
Mayor Jordan
7-0 7-0 -7 -0
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY Kit Williams
City Attorney
Blake Pennington
Assistant City Attorney
TO: Mayor Jordan Patti Mulford
Paralegal
THRU: Sondra Smith,CityClerk ^
FROM: Kit Williams, City Attorney
DATE: May 20,2015
RE: Resolutions and Ordinances prepared by the City Attorney's Office and passed
at the City Council meeting of May 19,2015
1. Expansion poly trailer from Rainmaker Sales, Inc. of Shawnee, Oklahoma in the
amount of $6,000.00 plus applicable sales taxes for use by the Water and Sewer
Operations Division, and to approve a budget adjustment.
2. An ordinance to amend § 167.04 (J)(3) Off-site forestation to authorize the City
Council to allow forestation within a nearby city park or public right of way if
determined by the City Council to be in the best interests of our citizens.
3. An ordinance to amend Article IX Telecommunications Board of the Code of
Fayetteville to conform to changes in state law and to clarify definitions and duties of
the board.
City of Fayetteville, Arkansas
113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Meeting Agenda - Final Agenda
Tuesday, May 19, 2015
5:30 PM
City Hall Room 219
City Council Meeting
Adella Gray Ward 1
Sarah Marsh Ward 1
Mark Kinion Ward 2
Matthew Petty Ward 2
Justin Tennant Ward 3
Martin W. Schoppmeyer, Jr. Ward 3
John S. La Tour Ward 4
Alan Long Ward 4
City Council Meeting Meeting Agenda-Final Agenda May 19,2015
Call To Order
Roll Call
Pledge of Allegiance
Mayor's Announcements, Proclamations and Recognitions
City Council Meeting Presentations, Reports and Discussion Items:
Agenda Additions:
A. Consent:
A. 1 2014-0503
APPROVAL OF THE MAY 5, 2015 CITY COUNCIL MEETING
MINUTES.
A. 2 2015-0231
RAINMAKER SALES,INC.
A RESOLUTION TO AUTHORIZE THE PURCHASE OF AN
EXPANSION POLY TRAILER FROM RAINMAKER SALES, INC. OF
SHAWNEE, OKLAHOMA IN THE AMOUNT OF $6,000.00 PLUS
APPLICABLE SALES TAXES FOR USE BY THE WATER AND
SEWER OPERATIONS DIVISION, AND TO APPROVE A BUDGET
ADJUSTMENT
Attachments: SRP 4-30-15 WSWD trailer 9215
4-25-15 BA-Galvanized Pipe Rehab-Trailer
B. Unfinished Business: None
C. New Business:
City of Fayetteville,Arkansas Page 2 Printed on 5114/2015
City Council Meeting Meeting Agenda-Final Agenda May 19,2015
C. 1 2015-0234
RZN 15-5033 (232 W.ASH ST./KOUTROUMBIS)
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5033, FOR APPROXIMATELY 0.30
ACRES, LOCATED AT 232 W. ASH STREET FROM RSF-4,
RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE TO RMF-12,
RESIDENTIAL MULTI FAMILY, 12 UNITS PER ACRE
Attachments: 15-5033 CC Exhibits
15-5033 RZN Staff Report copy
C. 2 2015-0230
VAC 15-5020(2288 N.HIDDEN CREEK DR./KENNEDY)
AN ORDINANCE APPROVING VAC 15-5020 SUBMITTED BY
JEREMY KENNEDY FOR PROPERTY LOCATED AT 2288 N.
HIDDEN CREEK DRIVE TO VACATE A PORTION OF AN EXISTING
UTILITY EASEMENT
Attachments: 15-5020 CC EX A& B
15-5020 Full Packet
15-5020 CC ORD
C. 3 2015-0228
RZN 15-4965(SOUTH END OF RUPPLE RD./RUPPLE ROAD
EXTENSION CORRIDOR)
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-4965, FOR APPROXIMATELY 642
ACRES, LOCATED AT THE SOUTHERN END OF RUPPLE ROAD
FROM R-A, RESIDENTIAL-AGRICULTURE; RSF-1, RESIDENTIAL
SINGLE FAMILY ONE UNIT PER ACRE; RSF-4, RESIDENTIAL
SINGLE FAMILY FOUR UNITS PER ACRE; and RSF-8, RESIDENTIAL
SINGLE FAMILY EIGHT UNITS PER ACRE TO NC,
NEIGHBORHOOD CONSERVATION; CS, COMMUNITY SERVICES,
UT, URBAN THOROUGHFARE; and R-A, RESIDENTIAL
AGRICULTURAL
Attachments: 15-4965 CC EX A
15-4965 CC reports
City of Fayetteville,Arkansas Page 3 Printed on 5114/2015
City Council Meeting Meeting Agenda-Final Agenda May 19,2015
C. 4 2015-0232
RZN 15-5004 (SOUTH END OF PUMPKIN RIDGE DR./FALLING
WATERS)APPEAL
AN ORDINANCE REZONING THAT PROPERTY DESCRIBED IN
REZONING PETITION RZN 15-5004, FOR APPROXIMATELY 17.37
ACRES, LOCATED SOUTH OF PUMPKIN RIDGE ROAD FROM R-A,
RESIDENTIAL-AGRICULTURE TO RSF-2, RESIDENTIAL SINGLE
FAMILY,2 UNITS PER ACRE
Attachments: 15-5004 CC EX A& B
15-5004 Full Packet
C. 5 2015-0229
AMENDMENT OF THE MASTER STREET PLAN
A RESOLUTION TO AMEND THE MASTER STREET PLAN BY
REMOVING A BRIDGE CONNECTION ON RAVEN LANE OVER
CLABBER CREEK SOUTH OF CRYSTAL SPRINGS PHASE III
Attachments: Ex A
15-5035 Full Packet
Additional 2006 Development Staff Report Crystal Springs
C. 6 2015-0202 AMEND §162.01 (B)(2) TO ADD "LANDSCAPE CONTRACTING
BUSINESS"
AN ORDINANCE AMENDING UNIFIED DEVELOPMENT CODE
§162.01 (B)(2) TO ADD "LANDSCAPE CONTRACTING BUSINESS"
AS A USE ALLOWED BY CONDITIONAL USE PERMIT IN ALL
ZONING DISTRICTS
Attachments: Agenda Item
City of Fayetteville,Arkansas Page 4 Printed on 5114/2015
City Council Meeting Meeting Agenda-Final Agenda May 19,2015
C. 7 2015-0233
AMEND § 167.04 (J)(3)OFF-SITE FORESTATION
AN ORDINANCE TO AMEND § 167.04 (J)(3) OFF-SITE
FORESTATION TO AUTHORIZE THE CITY COUNCIL TO ALLOW
FORESTATION WITHIN A NEARBY CITY PARK IF DETERMINED
BY THE CITY COUNCIL TO BE IN THE BEST INTERESTS OF OUR
CITIZENS
Attachments: 2015-0233-Chapter 167-off-site forestation amendment
2015-0233-Attachment- Existing Ordinance Language
C. 8 2015-0235
AMEND ARTICLE IX TELECOMMUNICATIONS BOARD
AN ORDINANCE TO AMEND ARTICLE IX
TELECOMMUNICATIONS BOARD OF THE CODE OF
FAYETTEVILLE TO CONFORM TO CHANGES IN STATE LAW AND
TO CLARIFY DEFINITIONS AND DUTIES OF THE BOARD
Attachments: Telecomm Board -Ex A
2015-0235 Telecommunications Board Ordinance Revision Item
D. City Council Agenda Session Presentations:
D. 1 2015-0227
AGENDA SESSION PRESENTATION-CH2M ANNUAL REPORT,
BILLY AMMONS
E. City Council Tour:
F. Announcements:
G. Adjournment
NOTICE TO MEMBERS OF THE AUDIENCE
City of Fayetteville,Arkansas Page 5 Printed on 5114/2015
City Council Meeting Meeting Agenda-Final Agenda May 19,2015
All interested persons may address the City Council on agenda items of New and
Old Business. Please wait for the Mayor to request public comment and then
come to the podium, give your name, address, and comments about the agenda
item. Please address only the Mayor. Questions are usually answered by the
Mayor, Aldermen or Staff after the public comment period is over. Please keep
your comments brief and respectful. Each person is only allowed one turn at the
microphone for discussion of an agenda item.
All cell phones must be silenced and may not be used within the City Council
Chambers.
Below is a portion of the Rules of Order and Procedure of the Fayetteville City
Council pertaining to City Council meetings:
Agenda additions. A new item which is requested to be added to the agenda at a
City Council meeting should only be considered if it requires immediate City
Council consideration and if the normal agenda setting process is not practical.
The City Council may only place such new item on the City Council meeting's
agenda by suspending the rules by two-thirds vote. Such agenda addition shall be
heard prior to the Consent Agenda.
Consent Agenda. Consent Agenda items shall be read by the Mayor and voted
upon as a group without discussion by the City Council. If an Alderman wishes to
comment upon or discuss a Consent Agenda item, that item shall be removed and
considered immediately after the Consent Agenda has been voted upon.
Old business and new business.
Presentations by staff and applicants. Agenda items shall be introduced by the
Mayor and, if an ordinance, read by the City Attorney. City staff shall then present
a report. An agenda applicant(city contractor, rezoning or development applicant,
etc.)may present its proposal only during this presentation period, but may be
recalled by an alderman later to answer questions. Staff and applicants may use
electronic visual aids in a City Council meeting as part of their presentation.
Public comments. Public comment shall be allowed for all members of the
audience on all items of old and new business and subjects of public hearings. No
electronic visual aid presentations shall be allowed, but the public may submit
photos,petitions, etc. to be distributed to the City Council. If a member of the
public wishes for the City Clerk to distribute materials to the City Council before its
meeting, such materials should be supplied to the City Clerk office no later than
9:00 a.m. on the day of the City Council meeting.Any member of the public shall
first state his or her name and address, followed by a concise statement of the
person's position on the question under discussion. Repetitive comments should
be avoided,this applies to comments made previously either to the City Council or
to the Planning Commission when those Planning Commission minutes have been
provided to the Aldermen. All remarks shall be addressed to the Mayor or the City
Council as a whole and not to any particular member of the City Council. No
person other than the Aldermen and the person having the floor shall be permitted
to enter into any discussions without permission of the Mayor. No questions shall
be directed to an Alderman or city staff member except through the Mayor.
City of Fayetteville,Arkansas Page 6 Printed on 5114/2015
City Council Meeting Meeting Agenda-Final Agenda May 19,2015
Courtesy and respect.
All members of the public, all city staff and elected officials shall accord the utmost
courtesy and respect to each other at all times. All shall refrain from rude or
derogatory remarks, reflections as to integrity, abusive comments and statements
about motives or personalities. Any member of the public who violates these
standards shall be ruled out of order by the Mayor, must immediately cease
speaking and shall leave the podium.
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.
A copy of the complete City Council agenda is available at accessfayetteville.org
or in the office of the City Clerk, 113 W. Mountain, Fayetteville, Arkansas.
City of Fayetteville,Arkansas Page 7 Printed on 5114/2015
RESOLUTION NO.113-06
A RESOLUTION TO GRANT THE APPEAL OF THE
APPROVAL OF PPL 06-1977 (CRYSTAL SPRINGS IV) AND
TO APPROVE PPL 06-1977 AS SLIGHTLY MODIFIED BY
THE CITY COUNCIL
WHEREAS, Raven Lane is a collector street on the Master Street Plan and should
provide sufficient north/south connectivity between Mt. Comfort Road and Crystal Drive without
the need to connect Woodlark Lane, a residential street; and
WHEREAS, the neighborhood served by Woodlark, Quail, Dove, Meadowlark and
Raven has requested that Woodlark not be connected to the north through its current cul-de-sac.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,ARKANSAS:
Section 1: That the City Councilof the City of Fayetteville, Arkansas hereby grants the
appeal of the approval of Preliminary Plat 06-1977 (Crystal Springs Phase IV), but approves a
slightly modified Preliminary Plat for PPL 06-1977 (Crystal Springs Phase IV) which removes
the street connection from the north end of Woodlark to Street B between lots 33 and 34, but
retains a five foot wide sidewalk connection at this location. An additional condition of approval
to PPL 06-1977 is also added which requires the construction of the bridge crossing Clabber
Creek to the north to be completed and accepted by the City with Phase I and 1I of the
subdivision and prior to the construction of any house within the subdivision.
PASSED and APPROVED this 20th day of June,2006.
APPROVED: ATTEST: e
By.4COODADY,
G)j By. U�1[
Iayor SONDRA SMITH, City Clerk
City Council Mee..._g of June 06, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas,Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: May 12, 2006
Subject: Alderman Appeal of Crystal Springs IV (PPL 06-1977)
RECOMMENDATION
Staff recommended and the Planning Commission approved with a vote of 7-2-0 a
preliminary plat for Crystal Springs Subdivision Phase IV (PPL 06-1977), with
conditions of approval as noted in the staff report.
BACKGROUND
A masterplan of development for the overall Crystal Springs Development has been in
place since the early 1990s. Almost every phase of Crystal Springs Development has
been appealed or challenged; all have been upheld (or amended) by the City.Council as
meeting applicable city ordinances. Phase I consisted of 112 lots accessed off of Salem
Road, in an area that was in the county at the time of submittal in 1993. With this initial
phase, the developer donated approximately 20 acres to the Fayetteville School District,
on which Holcomb Elementary is now located. An additional 15.45 acres was dedicated
in 1994 to the City for parkland; the Parks and Recreation Board and 'Planning.
Commission accepted land that would meet the requirements for a total of 575 single
family residential lots in all of the future Crystal Springs phases. Gary Hampton Softball
Field complex was constructed in 2000-2001 on this property, and is enjoyed by the
neighborhoods that have since developed in this rapidly growing area. Crystal Springs 11
and 111 have been developed/platted north of Clabber Creek, and consist.of 14 and 101
lots, respectively.
The applicant received approval by the Planning Commission of PPL 06-1977 for Crystal
Springs IV, the final phase of a planned residential development north of Mount Comfort
Road, south of Clabber Creek. This final phase consists of 273 single family lots on 85
acres, to be constructed in six (6) phases. Based on the amount of lots proposed and
future traffic generation, staff recommended significant off-site improvements to be
constructed as part of this project. Most significantly, this includes a crossing of Clabber
Creek to the north, which will distribute traffic and thereby decrease dependency of use
on Mount Comfort Road, which is an unimproved street at this time. This bridge crossing
is anticipated to be close to $500,000 in cost, and will include trail crossings along
Clabber Creek. No cost-share by the city for this significant street improvement is
recommended by staff. Other off-site improvements recommended include an assessment
for a turn lane at Raven Lane and Mount Comfort Road, the removal of existing
City Council Mec_.,:g of June 06, 2006
Agenda Item Number
temporary cul-de-sacs and installation of curb, gutter, sidewalk, etc. to make adequate
street connections and the installation (at the developer's cost) of four (4) speed tables
within Birdhaven Terrace Subdivision, south of the planned development to alleviate any
future speeding within the established neighborhood. Two streets within Birdhaven
Terrace currently provide access to the subject 85-acre parcel, including the Collector
Street Raven Lane, and will be continued into the development in the first phase, which
contains a maximum of 58 lots. Staff's recommendation to the Planning Commission also
included the Clabber Creek crossing to occur at minimum with the second phase of
development, which ensures that a maximum of 58 homes (and the traffic generated
therefrom) can be constructed before the north connection is completed.
DISCUSSION
Staff has spoken with numerous residents in this area, primarily those residing in Bird
Haven Terrace to the south of Crystal Springs IV or on Gooseberry Lane. The resounding
concern has been the detrimental impact of through traffic within the established
neighborhood and expected congestion and delays on Mount Comfort Road without
significant improvements. Staff recognized the impact on these neighborhoods, and made
recommendations to the Planning Commission for the developer to make improvements
which would be considered roughly proportional to the impact of the development, as
required by city ordinance. Five persons spoke at the Planning Commission meeting, and
all written comments are included in the attached reports.
The Planning Commission also questioned staff as to future improvements of Mount
Comfort Road. As noted at recent Street Committee meetings, a bond program for
improvements to streets, including Mt. Comfort Road, is being discussed. This is a
decision to be made by the City Council and ultimately by voters, however, and can not
be 'depended upon as of right now to occur. At this time, staff is recommending
assessments for most developments that have an impact on Mount Comfort Road and are
not contributing in other ways to alleviate the impact that additional traffic created by
their proposal is having on existing infrastructure. This decision to take assessments
instead of piecemeal improvements along Mt. Comfort is relatively recent, and is in part
an effort to plan for comprehensive improvements to Mt. Comfort Road as has been
discussed in meetings with the Street Committee. It must be noted, however, that staff
does not at this time depend whatsoever on planned improvements by the City to offset
the contributions a developer must make. Our ordinances direct us to recommend to the
Planning Commission the improvement that would be proportional to the development
requested. A future Capital project to improve Mt. Comfort Road may be forthcoming,
and may not. With that in mind, staff recommended significant improvements for this
development to increase connectivity between neighborhoods and decrease dependency
upon Mt. Comfort Road as the only means of east-west access in the area.
BUDGETIMPACT
None.
PC Meeting of May 08, 2006
ARKA N:S'A S
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville,AR 72701
PLANNING DIVISION CORRESPONDENCE Telephone:(479)575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Matt Casey, Staff Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: May 3, 2006
PPL 06-1977: Preliminary Plat(CRYSTAL SPRINGS IV,285): Submitted by MEL
MILHOLLAND for property located at N OF MT. COMFORT RD.,AT THE N END OF
RAVEN LANE. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 85.18 acres. The request is for a residential subdivision with 273 single-
family lots. Planner: SUZANNE MORGAN
Findings:
Property: The subject property contains approximately 85.18 acres located north of Bird Haven
Terrace,north of Mount Comfort Road. This property is zoned RSF-4. The applicant proposes
to create a 273 single-family lot subdivision (with an additional unbuildable lot), a density of 3.2
units per acre, within six phases of development. A bridge connection is proposed to Raven
Lane within Crystal Springs Phase III,which cost and construction is the burden of the
developer. A masterplan of the overall Crystal Springs development, including this property,has
been in place since the early 1990s. This developer, with the initial phase of Crystal Springs,
donated land for parks and schools in this area.
SURROUNDING LAND USE AND ZONING:
Direction I Land Use Zoning
Single family residential (Crystal Springs Phase III), RSF-4
North Clabber Creek
Single family residential (Bird Haven Terrace, Mt RSF-4
South Comfort Addition, Crofton Manor)
East Golf Course RSF-1
West Vacant—Pasture RSF-1
Water and Sewer: Water and sewer lines shall be extended to serve the proposed development.
Adjacent Master Street Plan Streets: Raven Lane, a Collector Street. Staff finds that the
extension of Raven Lane is compliant with the Master Street Plan, as is the east-west Collector
Street which will provide a future connection to McClaren Drive within Salem Heights
Subdivision.
K.Reports12006TC Reportsl05-08-061PPL 06-1977(Crystal Springs Ph.LV).doc
Right-of-way to be dedicated: The majority of interior streets are proposed to be 42' rights-of-
way with a 24' wide street and 4' sidewalks on both sides. Streets A, C, and D are 50' rights-of-
way with 28' wide streets and sidewalks on both sides. The two interior Collector Streets (a
portion of Street H and Raven Lane)will be dedicated with 70' right-of-way. Raven Lane is
proposed to be extended between Crystal Springs Phase III and Phase IV through property
owned by Crystal Springs LTD Partnership. Right-of-way for this streetibridge connection shall
be dedicated by separate document prior to recordation of Phase II.
Phasing:
As proposed by the developer, the Phasing of the subdivision will occur with the following
number of lots and street connections to existing infrastructure:
Phase Number of Number of Street Stub-outs to the east
Lots Connections to Existing and west for future
Streets street connections
I 58 2 (Raven Lane &
Woodlark Lane) 1 (East
II 19 1 (Raven Lane connection
to the north) 0
III 43 0 0
IV 58 0 1 East
V 35 0 0
VI 61 1 0 1 2 (West)
Staff finds that the number of street connections made for each phase are adequate for the
volume of traffic generated by the lots proposed.
Connectivity:
To the South (Phase I)_
Two street connections are proposed to the south, through Bird Haven Terrace Subdivision. The
right-of-way for Woodlark Lane and Raven Lane were platted to the property line which would
allow future right-of-way extension to the north. The connection to these streets has been
shown. The existing cul-de-sacs shall be removed by the developer.
Staff requested that the applicant explore the possibility of a street connection onto Gooseberry
Lane located within Mount Comfort Addition, which would require the dedication of right-of-
way on either side of the existing cul-de-sac. Staff received a petition from the neighbors within
this subdivision stating their disagreement to a street connection; however, this petition did not
include the signatures of the owners on either side of the cul-de-sac. The applicant stated that an
informal discussion with Mr. Strange and Mr. Thompson who, according to the applicant,
indicate a negative attitude to any development. Staff has met with the owners to discuss this
connection, and Mr. Strange did attend one Subdivision Committee meeting and expressed his
disagreement with a street connection to Gooseberry Drive. Another street connection would
further dispense traffic in the area. Should the adjoining property owners agree to sell property
to allow this street connection, staff would recommend such a connection.
A street connection to Kenswick Avenue, located to the southwest of property within Crofton
Manor Subdivision, will alleviate the volume of traffic through Bird Haven Subdivision.
K.IReporta120061PC Reports 105-08-061PPL 06-1977(Crystal Springs Ph.IV).doc
Kenswick Ave. was platted to be extended to the north. Staff recommended that the applicant
obtain right-of-way to connect Street B to Kenswick Ave.prior to the recordation of an initial
Phase of this development, also stating that if the applicant provides this connection to Kenswick
Avenue, a connection to Gooseberry Lane is less desirable. Since the Subdivision Committee
meeting on March 30, 2006, staff has met with the owner of the property to the west through
which the street connection to Kenswick Avenue would occur. The owner has stated his
opposition in this connection and submitted a letter regarding the matter(see attached).
To the West(Phase VI):
The applicant has provided two street connections to the west. The southern connection can
eventually connect to Kenswick Ave. within the Crofton Manor Subdivision,just off-site of the
property. The second western stub-out is shown as a Collector Street, per the Master Street Plan.
This street will align with McClaren Drive, located within the Salem Heights Subdivision, at
Salem Road.
To the North (Phase II):
The applicant proposes to construct Raven Street, a Collector Street, across Clabber Creek. The
street will make a connection with the constructed Raven Lane within Crystal Springs Phase III.
Staff recommends that this street connection occur no later than Phase II in order to provide
sufficient connectivity to the north and potentially relieve some traffic exiting through Bird
Haven Terrace onto Mount Comfort Road. Another connection to the north is not desirable, due
to the presence of significant floodplain and floodway.
To the East (Phase I and IV):
Two street stub-outs are provided to the east—at the southeast and northeast corners of the
subdivision. The property to the north and east is currently developed for a golf course.
However, it may not remain undeveloped for this use and this amenity is not being utilized as a
main feature within this subdivision with homes directed toward views of the golf course. If
ever developed, traffic would have the ability to access the property via Deane Solomon Road
and through the proposed subdivision. The street connection at the northeast corner of the
property will provide a street connection to the north when the adjacent property develops.
Traffic Calming: The applicant shall install two speed tables on both Raven Lane and Woodlark
Lane at a location specified by the Transportation Division.
Street Improvements: The applicant has submitted a traffic study to evaluate the effect of the
additional 273 lots on the existing infrastructure. After review of the traffic study and current
traffic demands, staff recommends the following street improvements:
a. If the applicant is able to secure right-of-way for a connection to Kenswick
Avenue in Crofton Manor Subdivision, the street connection of a 28' street with
curb, gutter, storm drains, sidewalks and street lights shall be constructed with
Phase VI of the development. The off-site dedication of 50' right-of-way by
separate document should occur prior to the recordation of Phase VI.
b. The installation of 4 speed tables (2 on Raven Lane and 2 on Woodlark Lane) to
provide traffic calming. These speed tables shall be installed at a location
approved by the Transportation Department prior to recordation of Phase I of the
subdivision.
C. The developer shall pay an assessment in the amount of$9,405.00 for a left turn
K:IReporlsl200MPC ReportsW-08-06"L 06-1977(Crystal Springs Pd.!V).doc
lane on Raven Lane for traffic accessing onto Mount Comfort prior to the
recordation of Phase I.
d. Construction of a bridge or crossing over Clabber Creek to connect the proposed
subdivision to Crystal Springs Phase III to be completed prior to the recordation
of Phase 11 of Crystal Springs Phase IV.
e. The developer shall be responsible for the removal of the existing cul-de-sacs on
Raven Lane and Woodlark Lane, into which the new streets will connect, and the
extension of a minimum 28' street, curb, gutter, storm drain, and sidewalk(6' on
Raven Lane and 4' on Woodlark Lane) to the cut-point as shown on the plat. The
sidewalk shall extend beyond the cut point to tie into the existing sidewalk. The
applicant shall reconstruct the existing driveways to connect to the new street,
along with all soil, grass, etc. to reconstruct these yards.
Staff is not recommending additional off-site improvements on Mount Comfort Road due to the
significant cost associated with the construction of a crossing over Clabber Creek, for which a
cost-share is not recommended. The applicant's engineer has estimated that the cost of the
bridge will be from $488,000 to $560,000. This connection will alleviate traffic on Mount
Comfort Road and will be utilized by residents in the area to move north and south.
Tree Preservation: Existing: 9.9%
Preserved: 5.8%
Required: 9.9%
Mitigation: Required—350 trees
Parks: On July 15th 1994 a deed for 15.45 acres was received from Crystal Springs Limited
Partnership satisfying the park land dedication requirements for this development. Below is a
break down of the banked park land.
o Phase I— Lots 1-112 = 112 units x .025 =2.8 acres
o Phase I1—Lots 113-127 = 14 units x .025 = .35 acres
o Phase III—Lots 128-229 =101 units x .025 =2.525 acres
o Phase IV—274 SF units proposed x .025 = 6.85
Total Used=12.525 acres -2.925 acres remains.
*Land calculations are based the 1994 ordinance amount of.025 acres per single
family Unit.
Clabber Creek Trail is identified on the Fayetteville Alternative Transportation and Trail Plan
and is shown along the northern part of this development. The developer has agreed to donate all
the land between the flood plain lines from the west property line to the east property line prior
to approval of final plat. Additional land may be necessary to provide an at-grade trail crossing at
Raven Lane. The additional land shall be approved by the Trails Coordinator.
Public Comment: Many neighbors attended the Subdivision Committee meetings,voicing
concerns regarding the project. The Planning Division has received numerous petitions,
comments,post cards, and letters from surrounding property owners who are in opposition to the
proposed development with most concerns addressing the increase in traffic and connections
onto Woodlark Lane, Raven Lane and Goosberry Lane. These comments are available at the
Planning Division.
K:1Reporls12006W ReportA05-08-061PPL 06-7977(Crystal Springs Ph.LV).doc
Background: This project was heard at the March 30, 2006 Subdivision Committee. It was
tabled at this meeting to address the comments regarding the phasing, connectivity, street design,
and other plat comments. The Subdivision Committee considered this preliminary plat again on
April 27, 2006 at which meeting it was forwarded to the Planning Commission with
recommendations. The discussion by the Subdivision Committee included the routing of
construction traffic through Crystal Springs Phase III to avoid Bird Haven Terrace, the
possibility of requiring repair to Raven Lane and Woodlark Lane if damaged during
construction, the proposed block lengths, and traffic circulation around the proposed landscape
islands on Raven Lane.
Recommendation: Staff recommends approval of PPL 06-1977 subject to the following
conditions:
Conditions of Approval:
1. Planning Commission determination of appropriate street connectivity. Stafffinds that
the dedication of right-of-way to provide a street connection from Street B to Kenswick
Avenue in Crofton Manor prior to the recordation of Phase II is essential to provide
sufficient connectivity to Mount Comfort Road for this amount of lots. Stafffinds that all
other street connections are adequate.
The Subdivision Committee recommended in favor of the proposed street
connectivity.
2. Planning Commission determination of street improvements. Staff recommends the
following street improvements:
a. If the applicant is able to secure right-of-way for a connection to Kenswick
Avenue in Crofton Manor Subdivision, the street connection of a 28'street with
curb, gutter, storm drains, sidewalks and street lights shall be constructed with
Phase VI of the development. The off-site dedication of 50'right-of-way by
separate document should occur prior to the recordation of Phase VI.
b. The installation of 4 speed tables (2 on Raven Lane and 2 on Woodlark Lane) to
provide traffic calming. These speed tables shall be installed at a location
approved by the Transportation Department prior to recordation of Phase I.
C. The developer shall pay an assessment in the amount of$9.405.00 for a left turn
lane on Raven Lane for traffic accessing onto Mount Comfort prior to the
recordation of Phase L
d. Construction of a bridge or crossing over Clabber Creek to connect the proposed
subdivision to Crystal Springs Phase III to be completed prior to the recordation
of Phase II of Crystal Springs Phase IV.
e. The developer shall be responsible for the removal of the existing cul-de-sacs on
Raven Lane and Woodlark Lane, into which the new streets will connect, and the
extension of a minimum 28'street, curb, gutter, storm drain, and sidewalk(6'on
Raven Lane and 4'on Woodlark Lane) to the cut point as shown on the plat. The
sidewalk shall extend beyond the cut point to tie into the existing sidewalk. The
applicant shall reconstruct the existing driveways to connect to the new street,
along with all soil, grass, etc. to reconstruct these yards.
Staff is not recommending additional off-site improvements on Mount Comfort Road due
to the significant cost associated with the construction of a crossing over Clabber Creek,
for which a cost-share is not recommended. The applicant's engineer has estimated that
K;Teports120061PC Repo)ts105-08-061PPL 06-1977(Crystal Springs Ph.1V).doc
the cost of the bridge will be from $488,000 to $560,000. This connection will alleviate
traffic on Mount Comfort Road and will be utilized by residents in the area to move north
and south.
The Subdivision Committee recommended in favor of street improvements as listed
above.
3. Planning Commission determination of appropriate phasing of the development. Staff
recommends in favor of the phase lines in relationship to street connectivity.
The Subdivision Committee recommended in favor of the proposed phasing of the
development.
4. ni-_ ffig �affhffiI t f ftY o nnn, ��
' i
�Ivee.� ,l sk eKaend in eRo �Nper- (,OAQA,3 o
5. Raven Lane is proposed to be extended between Crystal Springs Phase III and Phase IV
through property owned by Crystal Springs LTD Partnership. The complete construction
and acceptance of a bridge or crossing over Clabber Creek and the dedication of right-of-
way for this portion of Raven Lane by separate document is required prior to recordation
of Phase II.
6. Construction traffic other than passenger vehicles is encouraged not to access the
property through Woodlark Lane and Raven Lane. Temporary barricades shall be
installed at the terminus of the existing streets to discourage construction traffic access.
Once sufficient access has been established from the north, no construction traffic shall
access the sight from residential streets to the south.
7. The applicant shall repair any damage of existing streets caused by vehicular traffic
generated by the construction of this subdivision.
8. The applicant shall submit a guarantee(letter of credit, bond, or cash) of$1,000 per lot
prior to the recordation of the final plat for contributions to an interim solution to
wastewater capacity concerns in the Owl Creek/Hamestring Creek basin, if the
improvement is required. Final determination of the contribution shall be made by the
City Engineer.
9. Sidewalks along all Collector Streets within the Subdivision shall be constructed (not
guaranteed)prior to recordation of the final plat for each Phase.
10. The applicant shall provide a separate filed document dedicating off-site drainage
easements to the detention pond prior to recordation of the final plat. The P.O.A. shall be
responsible for maintenance of the required detention pond.
11. No lots shall access the east-west Collector Street or Raven Lane (a Collector Street) if an
interior street may be accessed. A note shall be included on the final plat to indicate this
requirement. Lots required to access these Collector Streets are encouraged to utilize
shared drives to decrease curb cuts on the Collector Street.
K:IReports120061PC Reports105-08-061PPL 06-1977(Crystal Springs Ph.717).doe
12. Clabber Creek Trail is identified on the Fayetteville Alternative Transportation and Trail
Plan and is shown along the northern part of this development. The developer has agreed
to donate all the land between the floodplain lines from the west property line to the east
property line prior to approval of final plat. Additional land may be necessary to provide
an at-grade trail crossing at Raven Lane. The additional land and location of the trail
under the creek crossing shall be approved by the Trails Coordinator.
13. Mitigation is required in the amount of 350 (2) inch caliper large. Staff is recommending
the Residential On-Site Mitigation Option. An on-site mitigation plan must be submitted
at time of Final Plat for review and approval by the Urban Forester.
14. A 3-year maintenance and monitoring bond in the amount of$87,500 will be required for
these trees.
15. The P.O.A. shall be responsible for the maintenance of the landscape islands and Lot 77,
an unbuildable lot.
16. The developer shall install a centerline between the two proposed landscape islands on
Raven Lane and north to the intersection of Street `B' and Raven Lane in order to
delineate traffic lanes.
17. Street lights shall be installed or guaranteed with a maximum separation of 300 feet along
all streets within each Phase prior to recordation of the final plat for that Phase.
18. Subdivision area signage shall be permitted in accordance with applicable city codes.
19. Signs shall be installed at each street stub-out to indicate the future extension of the right-
of-way (including the stub-out provided on Raven Lane at the soutbeast corner of the
property)prior to recordation of the final plat of each Phase. (Coordinate with the
Transportation Division.)
20. All lots shall be platted in conformance with the RSF-4 bulk and area regulations. It is
inconclusive whether all lots meet the lot width requirements at the right-of-way and
building setback lines. Note the lot width at the 25' building setback on the plat for those
lots that are either located on a curve or cul-de-sac and have less than 70' lot width. (See
lots 24-26, 61, 78, 85, 96, 97, 109, 110, 148-150, 179, 192, 196, 197, 200, 201, 233.)
21. In addition to those items within the conditions of approval that must be addressed on the
proposed plat, modify the plat to address the following comments prior to construction
plan review:
a. Revise the note regarding improvements to Woodlark Lane and Raven Lane to
include all requirements set forth in condition of approval 4e, which requires
some improvements to extend beyond the cut point.
b. Building setbacks applied to corner lots are as follows: a 25' front BSB adjacent
to the right-of-way and an 8' side BSB (or greater if a utility easement) on the
remaining two property lines. Revise the building setback lines on all corner lots
to meet this requirement.
C. Verify that all lots are of sufficient size for home construction (see lots 16, 20 and
K:IReportsl20061PC Reports105-0X-061PPL 06-1977(Crysia(Springs Ph.fl).doc
108 specifically).
d. The GIS Division will review the revised plat to ensure that the State Plane
Coordinates are correct. Please modify if necessary. (Coordinate with Planning
Staff.)
e. Show the location of the all streets identified on the Master Street Plan on the
vicinity map.
f. Identify the west building setback line of lot 148 as a drainage easement, as it
appears to be.
Standard Conditions of Approval:
22. All street names and addresses shall be approved by the 911 coordinator.
23. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications).
24. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private),
sidewalks,parking lot(s) and tree preservation. The information submitted for the plat
review process was reviewed for general concept only. All public improvements are
subject to additional review and approval. All improvements shall comply with City's
current requirements.
25. All overhead electric lines under 12Kv shall be relocated underground. All proposed
utilities shall be located underground.
26. Preliminary Plat approval shall be valid for one calendar year.
Additional conditions: I t (,
a. HAA sld, (?n-J tinDn--4-4a_s torito 6w (
b. '� '_C)enor
C.
Planning Commission Action: Approved O Denied O Tabled
Moya.,tD appve= gaweA
Meeting Date: May 08, 2006 Second: TTwm b o
Comments: V,4 -- 7-2-0 wJ {! ate unn fe J rylo.
The"Conditions of Approval" listed in the report above are accepted in total without exception
by the entity requesting approval of this development item.
Signature Date
K:IReports12006TCRepons105-08-06TPL 06-1977(Crystal Springs Pk.N).doc
May 4,2015
Mel Milholland
Milholland Company
205 W Center Street
Fayetteville,AR 72704
I,the undersigned live on Gooseberry Lane,Fayetteville,AR want this street to remain
as a Dead End Street..
Name:
Address: 3 /
City:
Phone:
E
Wayland Harris
2397 Woodlark Lane
Fayetteville, AR 72704
Phone 479-521-6269
May 11, 2015
Mayor Lioneld Jordan
125 West Mountain Street
Fayetteville,Arkansas 72701
Dear Mayor Jordan,
I am writing concerning ADM 15-5035 before the Fayetteville City Council on your May
19, 2015. This item is concerning the Crystal Springs S/D, PH. IV, 285. 1 am referencing the
documents that resolved this issue concerning the Crystal Springs IV subdivision development
in 2006.The documents can be found in the City of Fayetteville,AR files.
Currently the subdivision developer has not met the current agreement agreed upon by
Crystal Springs Developer and the Birdhaven Addition homeowners immediately south of the
Crystal Springs IV development.The agreement was for a bridge to be built across Clabber
Creek and it would be completed before any building started in Crystal Springs IV south of
Clabber Creek. As of this date, no bridge has been built or even started.The agreement, also,
stated that Woodlark Lane would not be opened up into Crystal Springs IV except for a five foot
wide sidewalk(current cul de sac would remain a cul de sac).
Howard Davis, Managing Partner,Crystal Springs Ltd. Partnership is proposing an
Amendment to Master Street Plan Map.They are proposing as part of this change to eliminate
the cul de sac and making Woodlark Lane into a through street.
The above changes requested returns the Crystal Springs IV to the original development
plan that was repealed by Resolution No. 113-06. 1 oppose any change or modification to the
Woodlark Lane cul de sac now and in the future. I oppose any and all other changes being
proposed or considered for Crystal Springs IV until the bridge across Clabber Creek is built as