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Home My WebLink About2015-12-14 - Agendas - Final CITY OF a e evl jq AGENDA Y ARKANS Final Agenda Planning Commission Meeting December 14, 2015 5:30 PM 113 W. Mountain, Room 219 Members: Sarah Bunch (Chair), William Chesser (Vice Chair), Ryan Noble (Secretary), Kyle Cook, Tracy Hoskins, Ron Autry, Janet Selby, Matthew Hoffman, and Tom Brown. City Staff: Andrew Garner, City Planning Director Call to Order Roll Call Consent 1. Approval of the minutes from the November 23, 2015 meeting. 2. ADM 15-5262: Administrative Item (GREGG AVE. BETWEEN CENTER ST. & MEADOW STJMSP AMENDMENT, 484): Submitted by PLANNING STAFF for GREGG AVE. BETWEEN CENTER ST. & MEADOW ST. The request is to amend the Master Street Plan and reduce the right-of-way requirement for Gregg Avenue. Planner: Jesse Fulcher Old Business New Business 3. PPL 15-5253: Preliminary Plat(EAST OF HWY 45& FOX TRAIL/FOX HILLS SUBDIVISION, 260): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF THE INTERSECTION OF HWY.45& FOX TRAIL.The property is in THE FAYETTEVILLE PLANNING AREA and contains approximately 24.60 acres. The request is for a 17 lot single-family subdivision. Planner: Quin Thompson 4. CUP 15-5265: Conditional Use (3499 W. MILK BLVD./GRACE COVENANT CHURCH, 596): Submitted by BRIAN BOWERMAN for property located at 3499 W. MLK BLVD. The property is zoned R-A, RESIDENTIAL AGRICULTURAL, and contains approximately 1.90 acres. The request is for Use Unit 4 (Cultural and Recreational Facilities) in an R-A zoned district. Planner: Quin Thompson S. CUP 15-5248: Conditional Use (1211 W. JAMES ST./NALL PROPERTIES, 404): Submitted by BLEW &ASSOCIATES, INC. for property located at 1211 W. JAMES ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 0.63 acres. The request is to allow multi-family dwellings in an R-O zoned district. Planner: Jesse Fulcher Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville,AR 72701 6. CUP 15-5250: Conditional Use (SW CORNER VAN ASCHE &STEELE BLVDS./JJ'S BEER GARDEN & BREWERY, 173): Submitted by BATES & ASSOCIATES, INC. for property located at SW CORNER OF VAN ASCHE DR. AND STEELE BLVDS. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, and contains approximately 1.92 acres. The request is for outdoor music. Planner: Jesse Fulcher 7. LSD 15-5191: Large Scale Development (SW CORNER VAN ASCHE & STEELE BLVDS./JJ'S BEER GARDEN & BREWERY, 173): Submitted by BATES &ASSOCIATES, INC. for property located at SW CORNER OF VAN ASCHE DR. AND STEELE BLVD. The property is zoned C-1, NEIGHBORHOOD COMMERCIAL, and contains approximately 1.92 acres. The request consists of a restaurant, brewery, and offices totaling 11,774 square feet and associated parking. Planner: Jesse Fulcher 8. RZN 15-5254: Rezone (NORTH OF 1016 S WASHINGTON AVE./HOMES AT WILLOW BEND, 563): Submitted by COMMUNITY BY DESIGN, INC. for PROPERTIES NORTH OF 1016 S. WASHINGTON AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 7.74 acres. The request is to rezone the properties to RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE. Planner: Andrew Garner 9. RZN 15-5240: Rezone (2514 W. LORI RD./RAZORBACK GOLF COURSE, 285): Submitted by BLEW & ASSOCIATES, INC. for properties located at 2514 W. LORI RD. The properties are zoned R-A, RESIDENTIAL-AGRICULTURAL, RSF-1, RESIDENTIAL SINGLE FAMILY ONE UNIT PER ACRE, AND RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contain approximately 128.55 acres. The request is to rezone the properties to R-A, RESIDENTIAL-AGRICULTURAL, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RMF-24, RESIDENTIAL MULTI-FAMILY, 24 UNITS PER ACRE, AND NC, NEIGHBORHOOD CONSERVATION. Planner: Andrew Garner The following items have been approved administratively by staff FPL 15-5244: Final Plat (NORTH OF PERSIMMON ST. & SALEM RD./TOWNHOMES AT FOREST HILLS, 440): Submitted by MORRISON-SHIPLEY, INC. for properties located NORTH OF PERSIMMON ST. & SALEM RD. The properties are zoned R-PZD, RESIDENTIAL PLANNED ZONING DISTRICT and contain approximately 45.35 acres. The request is for final plat approval of a residential subdivision with 31 single family lots. Planner: Jesse Fulcher LSP 15-5249: Lot Split (1710 E. HAROLD ST./CEOLA, 214): Submitted by BATES & ASSOCIATES, INC. for property located at 1710 E. HAROLD ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.65 acres. The request is to split the parcel into 2 lots containing approximately 0.30 and 0.35 acres. Planner: Quin Thompson LSP 15-5246: Lot Split(1149 N. MISSION BLVD./JOHNSON, 408): Submitted by ALAN REID &ASSOCIATES, INC.for property located at 1149 N. MISSION BLVD.The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.05 acres. The request is to split the parcel into 3 lots containing approximately 0.33, 0.24 and 0.48 acres. Planner: Quin Thompson 2 LSP 15-5255: Lot Split (2030 W. STONE ST./BOOTH RENTAL PROPERTIES, 520): Submitted by ENGINEERING SERVICES, INC. for property located at 2030 W. STONE ST.The property is zoned RMF-24, RESIDENTIAL MULTI FAMILY, 24 UNITS PER ACRE and contains approximately 0.23 acres. The request is to split the parcel into 2 lots containing approximately 0.12 and 0.12 acres. Planner: Quin Thompson LSP 15-5264: Lot Split (2009 HALSELL ROAD/ARCHER, 481): Submitted by JULIAN ARCHER. for property located at 2009 HALSELL RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 2.15 acres. The request is to split the parcel into 4 lots containing approximately 0.56, 0.53, 0.53 and 0.53 acres. Planner: Jesse Fulcher Announcements Adjourn NOTICE TO MEMBERS OF THE AUDIENCE: All interested parties may appear and be heard at the public hearings. If you wish to address the Planning Commission 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 yourname and address.Address your comments to the Chair, who is the presiding officer. The Chair will direct your comments to the appropriate appointed official, staff, 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, Telecommunication Device for the Deaf, are available for all public hearings; 72 hour 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 Planning Commission agenda and other pertinent data are open and available for inspection in the office of City Planning (575-8267), 125 West Mountain Street, Fayetteville, Arkansas. All interested parties are invited to review the petitions. 3 CITY OF Taye ARKeAN SAS le MINUTES AN Planning Commission November 23, 2015 5:30 PM City Administration Building in Fayetteville, AR, Room 219 Members: Sarah Bunch - Chair, William Chesser- Vice-Chair, Ryan Noble—Secretary, Ron Autry, Kyle Cook, Thomas Brown, Matthew Hoffman, Janet Selby, and Tracy Hoskins City Staff: Andrew Garner— City Planning Director, Jesse Fulcher— Senior Planner, Quin Thompson — Planner, Cory Granderson —Staff Engineer, Jonathan Ely— Development & Construction Manager, Blake Pennington —Asst. City Attorney, and Kit Williams —City Attorney 1. Call to Order: 5:30 PM, Sarah Bunch In Attendance: Sarah Bunch, Kyle Cook, Janet Selby, Thomas Brown, William Chesser, and Matthew Hoffman. Tracy Hoskins arrived after consent agenda. Absent: Ron Autry, Ryan Noble Staff: Andrew Garner, Jesse Fulcher, Quin Thompson, Corey Granderson, Jonathan Ely, and Kit Williams 2. Consent Agenda: Approval of the minutes from the November 09, 2015 meeting. ADM 15-5260 Administrative Item (617 N. COLLEGE AVE./SIDNEY'S EMPORIUM AT YACHT CLUB, 445): Submitted by SIDNEY SIMONS for property located at 617 N. COLLEGE AVE. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 0.42 acres. The request is for a one year mobile vendor permit. ADM 15-5259 Administrative Item (402 W. ILA ST./HEAD RESIDENCE, 445): Submitted by BOWERBIRD DESIGN, INC. for property located at 402 W. ILA ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 0.32 acres. The request is for a variance to the Accessory Dwelling Unit size requirements. LSD 15-5016: Large Scale Development (2200 INDUSTRIAL DR./MARSHALLTOWN TOOLS, 642): Submitted by MORRISON-SHIPLEY ENGINEERS, INC. for property located at 2200 INDUSTRIAL DRIVE. The property is zoned 1-2, GENERAL INDUSTRIAL, and contains approximately 15.34 acres. The request is for construction of an approximately 51,200 square foot addition to the existing building with associated parking spaces. Mailing Address: Planning Commission 113 W. Mountain Street www.fayeA�Wrebff.J6u2015 Fayetteville,AR 72701 Agenda Item 1 11-23-2015 Minutes Page 1 of 9 LSD 15-5213: Large Scale Development(NE CORNER OF E. MORNINGSIDE DR. & E. PUMP STATION RD./PRISM EDUCATION CENTER, 603): Submitted by EB LANDWORKS, INC. for property located at the NE CORNER OF E. MORNINGSIDE DR. & E. PUMP STATION RD. The property is zoned 1-1, HEAVY COMMERCIAL & LIGHT INDUSTRIAL, and contains approximately 10.07 acres. The request is for an 18,100 square foot school with associated parking. LSD 15-5097: Large Scale Development(NORTH OF 1967 W.TRUCKERS DR./GRAND RETIREMENT COMMUNITY, 208): Submitted by ENGINEERING SERVICES, INC. for property located NORTH OF 1967 W.TRUCKERS DR. The property is zoned RMF-12, RESIDENTIAL MULTI-FAMILY, 12 UNITS PER ACRE, and contains approximately 20.54 acres. The request is for construction of a retirement community consisting of a main building with 109 units, 55 single family cottages, and a clubhouse with associated parking. Motion: Commissioner Chesser made a motion to approve the consent agenda. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 6-0-0. Commissioner Hoskins arrived after the consent agenda. 3. Old Business: CUP 15-5202: Conditional Use (1335 W. DEANE STJEAGLE HOLDINGS COTTAGES, 365): Submitted by ESI ENGINEERS, INC. for property located at 1335 W. DEANE ST. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.40 acres. The request is for Use Unit 44, Cottage Housing Development, in an RSF-4 zoned district. Jesse Fulcher, Senior Planner, read the staff report. Bo Wilkins, applicant, stated they agree with staff recommendations and they have met with the Urban Forester on site and have been working on drainage design with engineering staff. Commissioner Chesser stated he was happy with the cottage ordinance. I don't think 7 units per acre is too dense and believe this can be a great project. Motion: Commissioner Chesser made a motion to approve CUP 15-5202 with conditions recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission December 12,2015 Agenda Item 1 11-23-2015 Minutes Page 2 of 9 RZN 15-5194: Rezone (VARIOUS EXPIRED PZD LOCATIONS/EXPIRED PZDs, PP VARIES): Submitted by CITY PLANNING STAFF for VARIOUS PROPERTIES LOCATED WITHIN THE CITY LIMITS OF FAYETTEVILLE. The properties are zoned under expired PZD'S. The request is to rezone the properties back to their previous zoning before the PZDs were approved. Andrew Garner, City Planning Director, gave the staff report. Public Comment: Robert Rhoads, attorney for the Villas at Stonebridge discussed the reasons for the applicant requesting an RSF-4 zoning. He discussed that until a few years ago this property was a PZD that had an allowable density of 6.6 units per acre. My request is for you to make this RSF-4. If you consider that it was approved at 6.6 units per acre, by the time you put in the infrastructure it would have an overall density of about 3 units per acre. The prior owners of this 53 acre tract were a part of the group that paid for the infrastructure under the White River. This property already has water and sewer. It is quite appropriate to handle RSF-4. Between the owners and myself we have talked to a good number of the neighbors that are not opposed to RSF-4. No more public comment was presented. Commissioner Hoffman discussed the expired PZD density and the RSF-4 density. I would contend that what we should be looking at here is would we be creating a complete or incomplete neighborhood. If you start spreading RSF-4 on the countryside you start spreading a situation where you have large numbers of people who have to drive into town and puts extra stress in City infrastructure. I am not completely against development on this property. I would entertain another option such as another PZD in this area that might create a complete neighborhood. However, I don't think I could support RSF-4 that far out. Commissioner Hoskins discussed disagreement with staff and Commissioner Hoffman. I think this should be RSF-7 so it could have condos on the golf course. We already have a policy where we won't annex more property. If we start bringing in agricultural land into the city it is a place where more homes can be built. Without rooftops you can't bring in the commercial services. I will support this. Commissioner Hoffman discussed that we are trying to get to the same thing. If we deny this. It is likely the applicant could come back with a more desirous zoning. Commissioner Hoskins asked about the property ownership. Robert Rhoads discussed the property ownership. Commissioner Chesser discussed the urban-rural transect. I kind of see this that RSF-4 is kind of an old zoning district and I would prefer a different zoning. I would rather see a more complete plan. I don't want to see this develop as RSF-4. Blanketing back to RSF-4 is a problem for me. The PZD passed before I don't see why it couldn't pass again. I think we should move this forward as is and let it come forward at a later time. Commissioner Hoskins asked the City Attorney about land values and downzoning these properties. Planning Commission December 13,2015 Agenda Item 1 11-23-2015 Minutes Page 3 of 9 Kit Williams, City Attorney, discussed that the PZD currently has no development rights. The properties on all of these need to be rezoned to something. Commissioner Hoskins indicated we might want to take this on off of the list. Commissioner Cook discussed agreement with R-A on this property. We also had this conversation around the corner with Falling Waters. I actually support a lower density as this is pretty far out from the city center. Commissioner Hoskins stated that we need to keep in mind that this transect indicates that this area is not that far from downtown. Motion #1: Commissioner Chesser made a motion to remove Villas at Stonebridge PZD from the vote on all of the other expired PZD's for RZN 15-5194. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion #2: Commissioner Chesser made a motion to forward all the expired PZD's to the City Council, except for the Villas at Stonebridge on RZN 15-5194 with a recommendation for approval agreeing with staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Motion #3: Commissioner Chesser made a motion to forward the Villas at Stonebridge expired PZD on RZN 15-5194 with a recommendation to rezone the property to R-A, Residential Agricultural. Commissioner Brown seconded the motion. Upon roll call the motion passed with a vote of 6-1-0. Commissioner Hoskins voted "no". Planning Commission December 14,2015 Agenda Item 1 11-23-2015 Minutes Page 4 of 9 4. New Business: PPL 15-5236: Preliminary Plat(SOUTH OF POWDERHORN DR./MTN. RANCH S/D, PH. III, 478): Submitted by JORGENSEN & ASSOCIATES, INC. for properties located SOUTH OF POWDERHORN DR. The property is zoned R-A, RESIDENTIAL-AGRICULTURAL, RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, RSF-2, RESIDENTIAL SINGLE FAMILY, 2 UNITS PER ACRE, CS, COMMUNITY SERVICES, AND NC, NEIGHBORHOOD CONSERVATION and contains approximately 101.70 acres. The request is for 87 single-family lots. Andrew Garner, City Planning Director, gave the staff report. Blake Jorgensen, applicant's engineer, discussed agreement with staffs recommendation. He also discussed a recommendation that staff create some type of assessment boundary map for the Persimmon bridge assessment area. Aaron Wirth, developer, we are very excited to be this far. Blake did mention the road access assessment. We hadn't anticipated that particular cost. It was a little bit of a surprise to us. We agree there needs to be more connectivity over there. We are pulling for City staff to figure that out. We don't know who it applies to. We know don't know generally who it will apply to. If it's not completed by a certain time we would like to see that money come back. I expect we will pay this. I would like to see an official plan for this assessment. Blake Jorgensen discussed that a connection would be great. There have been discussion of this connection for some time. The improvements at Wedington may affect this. Perhaps this condition will be pushed back until the final plat. If this connection will not happen. Can we revisit this at final plat and determine at that time if it is a feasible connection. Kit Williams, indicated the assessment would be paid prior to final plat. Public Comment: Thomas Black, adjacent property owner, discussed drainage problems in the existing subdivision to the north. I would like to have a study done on the problem area that does flood our homes. We just want to know that when they build the swale behind our homes that it is done right. No more public comment was presented. Commissioner Hoskins asked about drainage patterns. Jonathan Ely, City Engineering, discussed that there will be substantially less drainage to this area as it is flowing down the mountain will get caught from the streets and culverts and taken out. Commissioner Chesser asked about drainage calculations and the amount of water output after construction. Jonathan Ely, City Engineering, discussed that every project has to evaluate existing and post drainage conditions. The main point of study on this site is the southwest corner where there is a tributary to Owl Creek. We have determined that there will be no increase in drainage with this development. Planning Commission December 15,2015 Agenda Item 1 11-23-2015 Minutes Page 5 of 9 Commissioner Chesser asked about the grading lines. Blake Jorgensen discussed the drainage flows that will occur with the development of this subdivision. Everything that we do will help the situation. He discussed that the flows will be reduced. Commissioner Chesser ask Mr. Black for more comment. Mr. Black discussed that the homes being built will also contribute runoff to the drainage swale. Commissioner Chesser made a motion to approve the PPL agreeing with staff. Motion: Commissioner Chesser made a motion to approve PPL 15-5236 with conditions as recommended by staff. Commissioner Shelby seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission December 16,2015 Agenda Item 1 11-23-2015 Minutes Page 6 of 9 VAR 15-5263: Variance (4299 W. PERSIMMON ST./MCNAUGHTON OFFICE, 478): Submitted by BLEW & ASSOCIATES, INC. for property located at 4299 W. PERSIMMON ST. The property is zoned R-O, RESIDENTIAL OFFICE and contains approximately 1.00 acre. The request is for a variance of the parking lot cross connection requirements. Quin Thompson, Current Planner, read the staff report. Jorge DuQuesne, Applicant, discussed the shared access, saying that while an access easement was platted for future connection, the actual drive wasn't completed, leaving a additional 40' of drive to be built on the adjacent property in order to complete the connection. Don McNaughton, developer, said that he had 10 employees and low client traffic, and did not expect to need cross connection. Terry McNaughton, developer, was present in support of the project and said she had nothing more to add. Motion: Commissioner Chesser made a motion to approve VAR 15-5263 with conditions as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 5-2-0. Commissioner Hoskins and Commissioner Hoffman voted "no". Planning Commission December 14,2015 Agenda Item 1 11-23-2015 Minutes Page 7 of 9 CUP 15-5233: Conditional Use (5549 S. GEORGE ANDERSON RD./CUSTOM LAWN CARE, 101): Submitted by DARYL OTTAVIANO for property located 5549 S. GEORGE ANDERSON RD. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 1.78 acres. The request is for a lawn care business in an RSF-4 zoning district. Jesse Fulcher, Senior Planner, read the staff report. Daryl Ottaviano, applicant, had no further comments. Commissioner Bunch asked about the lighting requirements. Fulcher stated that the applicant needs to be aware that any new lighting must be reviewed by staff for compliance with the lighting ordinance. Motion: Commissioner Chesser made a motion to approve CUP 15-5233 with conditions as recommended by staff. Commissioner Selby seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. Planning Commission December 19,2015 Agenda Item 1 11-23-2015 Minutes Page 8 of 9 CUP 15-5241: Conditional Use (NE OF OLD WIRE & OLD MISSOURI RDS./KEENAN, 254): Submitted by JORGENSEN & ASSOCIATES for property located NE OF OLD WIRE & OLD MISSOURI RDS. The property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and contains approximately 56.21 acres. The request is for a tandem lot. Jesse Fulcher, Senior Planner, read the staff report. Dave Jorgensen, applicant, stated they agreed with staff comments. There is a 50-foot access for future connectivity. Commissioner Chesser stated that the lot likely won't be a tandem lot forever. Motion: Commissioner Chesser made a motion to approve CUP 15-5241 with conditions as recommended by staff. Commissioner Cook seconded the motion. Upon roll call the motion passed with a vote of 7-0-0. 5. Reports: No reports 6. Announcements: 7. Adjournment Time: ? PM 8. Submitted by: City Planning Division Planning Commission December 19,2015 Agenda Item 1 11-23-2015 Minutes Page 9 of 9 CITY OF Taye evi le PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew Garner, City Planning Director FROM: Jesse Fulcher, Senior Planner MEETING DATE: December 14, 2015 SUBJECT: ADM 15-5262: Administrative Item (GREGG AVE. BETWEEN CENTER ST. & MEADOW ST./MSP AMENDMENT, 484): Submitted by PLANNING STAFF for GREGG AVE. BETWEEN CENTER ST. & MEADOW ST. The request is to amend the Master Street Plan and reduce the right-of-way requirement for Gregg Avenue. RECOMMENDATION: Staff recommends forwarding ADM 15-5262 to the City Council with a recommendation for approval. BACKGROUND: The subject property is located at the northeast corner of Center Street and Gregg Avenue. The site is developed with warehouse-type buildings that have been converted into a number of commercial spaces. Frisco Trail runs along the east side of the property. In 2004, the owner proposed to redevelop the site with a multi-story building called Rivendell. The project was approved, but never constructed. As part of the development review for this previous project, the owner also requested to vacate a portion of right-of-way for Gregg Avenue, which runs along the entire west side of the subject property, and to reclassify this section of Gregg Avenue as a public alley. The City Council approved this request by Ordinance No. 4629. In 2005 the City of Fayetteville began implementing many of the recommendations of the Downtown Master Plan. One of those changes was reclassifying all of the downtown streets based on new cross-sections. This action was completed in August 2005. Unknowingly, this action reclassified the subject section of Gregg Avenue from an alley to an ST-45 street section, essentially nullifying Ordinance 4629. Gregg Avenue is still classified as an ST-45. DISCUSSION: The same property owner from 2004 contacted staff recently, having just discovered that the classification of Gregg Avenue had changed to an ST-45 in 2005. The subject property is very narrow, so requiring additional right-of-way dedication, which is required with an ST-45 classification, significantly impacts this property. The property is further limited, since the subject owner dedicated a 20-foot easement to the City of Fayetteville for the construction of the Frisco Trail and installation of a new sewer line. The applicant has asked the City to reclassify Gregg Avenue between Center Street and Meadow Street as an alley, as was approved in 2004. Mailing Address: Planning Commission 113 W. Mountain Street �ftttl�!&%r.gov Fayetteville,AR 72701 gen tem 2 15-5262 Gregg Ave MSP Amend. Page 1 of 9 RECOMMENDATION: Staff recommends forwarding ADM 15-5262 to the City Council. PLANNING COMMISSION ACTION: Required Date: December 14, 2015 O Tabled O Forwarded O Denied Motion: Second: Vote: Notes: BUDGET/STAFF IMPACT: None ATTACHMENTS: • Request Letter • Site Plan • Ordinance No.4629 • One Mile Map • Close Up Map Planning Commission G WETC\Development Services Review\2015\Development Review\15-5262 ADM(Gregg Ave.Master Street Plan December 2015 Amendment)\03 Planning Commission\12-14-2015\Comments and Redlines Agenda Itemm 2 15-5262 Gregg Ave MSP Amend. Page 2 of 9 Denele Campbell 13251 Green Road West Fork, AR 72774 479-839-2475 denelenwindstream.net November 15, 2015 City of Fayetteville Planning, Engineering, and Street Departments Re: Gregg Avenue between Center and Meadow// 546 W. Center& 541 W. Meadow To Whom It May Concern: Beginning the mid-1990s, city personnel in charge of trail construction engaged me in conversation about allowing trail construction along the north-south length of my property at the addresses shown above. I obtained this property as railroad right-of-way, legally described as 50 feet either side of the centerline of the track, meaning the property is 100 feet wide. The west side of the property borders Gregg Avenue for the full block. Initially, the city requested easement to construct the trail (now known as Frisco Trail) along the original rail bed that bisected the property,which would have left me with two unusable 40 foot wide strips of land. While I fully support the concept of city trails, this option made no sense. By 2004, after much discussion and deliberation, I was told by the trail supervisor that there were three options for the trail route for this block: down the middle along the old rail bed, along the west side along Gregg Avenue (which would have obstructed any parking access to existing or future buildings), or along the east property line. At the time, I was trying to develop the property with new mixed use construction. As my development plans advanced, I agreed to the east property line route for the trail right of way in exchange for certain concessions from the city. The primary points were that the City would abandon right of way along Gregg and would change street designation of Gregg to alleyway In exchange, I was to provide a permanent easement along the east property line that included a utility easement for a new water line because the existing line along Gregg would become inaccessible due to limited width. I provided such easement, which ultimately took about 21% of my total property. I received zero remuneration. I've now learned that at some later point, Gregg was re-designated to a street, which is the current status. This was done without any notification which would have given me a chance to protest. Even with a `street' designation, Gregg has not seen attention from the city no mowing or brush trimming along the edge of the pavement, no ditch cleanout, no maintenance or street cleaning. There's never been a center line painted. All this led me to assume the alley designation remained in force. My belief was further reinforced by the placement of my dumpster midblock without an enclosure. Sanitation remarked that an enclosure wasn't required on an alleyway. (This occurred in 2012.) Planning Commission December 14,2015 Agenda Item 2 15-5262 Gregg Ave MSP Amend. Page 3 of 9 My ability to sell the property or to further develop the property is now compromised by the newly-discovered street designation. Required construction of sidewalks and curb would substantially reduce the remaining usable footprint of my land. In consulting with city planning personnel, I've learned that the change from alleyway designation came in the process of updating the city's master plan, at which time my property was lumped in without any institutional memory of our agreement. I've also learned that"street classification requires that right-of-way be dedicated if a new project is developed on your property."The potential loss of land to a future developer through required ROW dedication along Gregg creates an even greater erosion of my original property value. I'd like to add that further loss of my property use resulted from the construction of the city's trail that joins Frisco in front of my property and runs west along Center Street to the campus. Yes, this is in the city's right of way. But the trail traffic impairs access to my property. I gave up a significant portion of my land to accommodate the city's trail system. I expect meaningful consideration from the city in return, not inadvertent yet disastrous changes in what I believed was a permanent agreement. I can't `take back' my part in this, and I'm hoping that with agreement in proper channels, the city will correct the situation. It's not like that block of Gregg is a thoroughfare. Traffic count is absurdly low. Construction of sidewalks along Gregg would be redundant, given the existence of the trail just a few yards to the east. Please help me out on this. I'd very much appreciate your consideration. Sincerely, Denele Campbell Planning Commission December 14,2015 Agenda Item 2 15-5262 Gregg Ave MSP Amend. Page 4 of 9 I � eosaa umrwaauwe Ra nd FrePo6es.W- 00 a a, aAdcav10 `..` . 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E ' c — - - s s s � 1 3129 SkBem _ -r -_ _ s - s _ RMF40+; T n reek Progrfies,.0.BOX 3494 r7 i a GOVO AR 72702 1031 N.CoUe9e tiL_1 O I 188 ca ayertkmft_6A70 J cin r_j� tae' 11 lark SCALE 1"=40' DATE REVISED: CHECKED BY: DRAWN BY: DATE 7/30/04 JSC BM onsulting Rivendell 1 CIVIL/ENVIRONMENTAL ENGINEERING 3715 BUSIne63 Drive, Suite 202 Fayetteville,AR 72703 (478)4445171 Right- of- Way Vacation ✓ + ! ,1 annrg1Commission ( mbAr 2015 b L/VV V da Item 2 15-5262 Gregg Ave MSP Amend. Page 5 of 9 0 ORDINANCE NO.4 6 2 9 AN ORDINANCE APPROVING VAC 04-1178 TO VACATE A PORTION OF THE RIGHT OF WAY FOR GREGG STREET LOCATED BETWEEN CENTER STREET AND MEADOW STREET AND RECLASSIFYING THIS SUBJECT RIGHT OF WAY AS AN ALLEY AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS,the City Council has the authority under A.C.A. §14-54-104 to vacate public grounds or portions thereof which are not required for corporate purposes, and WHEREAS,the City Council has determined that the following described platted right of way is no longer required for corporate purposes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City of Fayetteville, Arkansas hereby vacates and abandons the following described right of way,retaining the use as a public alley: See Exhibit"A" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached hereto and labeled Exhibit 'B" shall be filed in the office of the Recorder of the County and recorded in the Deed Records of the County. PASSED and APPROVED this 19th day of October,2004. APPROVED: By: D COODY,Mayor hRaryrr�' ATTEST: rrG�y ..... SGn, Z�. 4Sc By: "YETIEiIr� IgIHpNININIgVNNqINNIqNqNIIqIIINNNINNNIINIIqqqq SO DRA SMITH, City Clerk Doe 10: 007927850003 Tvoe: AEL Recorded: 11/02/2004 fit�iNGT Wpp FeehAmt::o$11.00CountPace I or8359:31 Ari Bette stemos circuit clerk F11e2004-00045127 Planning Commission December 14,2015 Agenda Item 2 15-5262 Gregg Ave MSP Amend. Page 6 of 9 Description We are requesting that a portion of Gregg Street between Center Street and Meadow Street be vacated and that the remainder of the street be changed to an alley. Gregg Street has always functioned more as an alley than as a street. There is very little traffic that uses the street on a regular basis. The property that was acquired by Ms. Denele Campbell from the railroad was previously a railroad spur that had not been actively used in many years. The legal description of the railroad property overlapped the Gregg Street Right-of-Way along the east side of the ROW. In fact Ms. Campbell's West property line is as much as 18 feet into the Gregg Street ROW. The development that is being proposed will require that most of the parking be located under the proposed buildings. In order for this to function it will be necessary to back out of the garage structure on to Gregg Street. In order for this to be legal the Street Row will need to be converted to an alley. Planning Commission iJu>�� ecember2015 Benda Item 2 15-5262 Gregg Ave MSP Amend. Page 7 of 9 ADM15-5262 GREGG AVE. MSP AMENDMENT One Mile View ions SF4 11 anon Illi ........ . 1- A ■- Il ' P.,RCPZ ■■ 1��■�L RMF-6 l • ��.':� SUBJECT PROPERTY ' Mann go I� r _ C 111 ■�■�� r�� RPM now Y� . R-0 � ■� n'� I l / L0915 ural SurfaM Trail i■. r_ RSF s �Ulv Overview Legend - Hillside-Hilltop Overlay District Subject Property �___ Design Overlay District BoundaryL - - -I Plan iing Area 0 Fayetteville 0 0.25 0.5 1 MIeS Planning Commission Agenda Item 2 15-5262 Gregg Ave MSP Amend. Page 8 of 9 ADM 15-5262 GREGG AVE. MSP AMENDMENT Close Up View w a O O W _ V QUI =O SPRING ST C -..� ; �y I f• {� QTY +� i"n. RE-CLASSIFY THIS SECTION OF GREGG AVE.TO AN ALLEY r _ MEADOW ST I�}I w : '.•_� .lar II w > J -•II C TERST ,� w (V7 - 0 I LJ I I L ' en , • MOUNTAIN ST i4 P-0 •.- F- ..ho _ } I k5u 6 DM15-5262 - - - Fayetteville City Li nits J _ Footprints 2010 - Hillside-Hilltop Ovi Irlay District Design Overlay Di strict ------ Planning Area o 87.5 175 350 525 700 planning Commission Feet December 14,2 Agenda Item 2 15-5262 Gregg Ave MSP Amend. Page 9 of 9 CITY OF T11" ayevi le PLANNING COMMISSION MEMO Y ARKANSAS TO: Fayetteville Planning Commission THRU: Andrew, Garner, City Planning Director FROM: Quin Thompson, Current Planner Corey Granderson, Staff Engineer MEETING: December 14, 2015 SUBJECT: PPL 15-5253: Preliminary Plat (EAST OF HWY 45 & FOX TRAIL/FOX HILLS SUBDIVISION, 260): Submitted by JORGENSEN & ASSOCIATES, INC. for property located EAST OF THE INTERSECTION OF HWY. 45& FOX TRAIL. The property is in THE FAYETTEVILLE PLANNING AREA and contains approximately 24.60 acres. The request is for a 17 lot single-family subdivision. RECOMMENDATION: Staff recommends forwarding PPL 15-5253 with conditions of approval. BACKGROUND: This property is located at the southeast corner of Mission Boulevard and Fox Trail, and contains approximately 24.6 acres. The property is within the City of Fayetteville Planning Area. As the site is beyond one mile from the City limits it is not subject to all of the city's development regulations and is only reviewed for water service, general lot, block and street connectivity, and overall traffic and public safety. The surrounding zoning and land uses are depicted in Table 1. Table 1 -Surroun ng Zoning and Land Use Direction Land Use Zoning from Site North Single family Washington County Agriculture/Single-family residential/undeveloped Residential 1 unit per acre South Single family Washington County Agriculture/Single-family residentiallundevelo ed Residential 1 unit per acre East Single family Washington County Agriculture/Single-family residential/undeveloped Residential 1 unit per acre West Single family residential Washington County Agriculture/Single-family Residential unit peracre Proposal: The applicant proposes a residential subdivision containing 17 single family lots. Water and Sewer System:Water mains will be extended to serve the development. Septic systems will serve individual lots. Adjacent Master Street Plan Streets: Mission Boulevard (AR HWY 45), a Master Street Plan designated Principal Arterial, and Fox Trail, a Local Street, are adjacent to this property. Mailing Address: Planning Commission 113 W. Mountain Street www.fayett D ember 1V,2015 Fayetteville, AR 72701 15-5 5 IFox 3 15-5253 Fox Hills SD Page 1 of 17 Right-of-way to be dedicated: Right-of-way in the amount of 43.5 feet from centerline of Mission Boulevard to be dedicated, and 50 feet of right-of-way (ROW) for the new streets in this subdivision. Access and street connectivity: The property has frontage along Mission Boulevard and Fox Trail. The applicant proposes one connection to Mission Boulevard and a street stub-out to the south. Staff recommends allowing the subdivision to not stub out a street to the east given the steep topography that makes development of a standard lot and block layout in that direction unfeasible. However staff recommends that connection be provided to Fox Trail to the west. The median on Fox Trail does not need to be removed for a full access entry, and an entire lot would not necessarily be lost if connection is required (see attached sketch). An access point to Fox Trail will prevent this neighborhood from being an isolated dead-end subdivision in the near term where all traffic is funneled to one outlet on an arterial road. Connectivity to Fox Trail would be a safety and convenience benefit for citizens by providing a safer left turn location onto high-speed Mission Boulevard where a majority of residents will be traveling during AM peak hours. This street connection would provide greater emergency vehicle access and reduced response times, more efficient trash and recycling pick up, and would be a benefit to pedestrians and cyclists who would have safe access onto Fox Trail. Fox Trail is a small two-lane roadway that is approximately 1.5 miles long. A connection to this roadway would provide opportunities for pedestrians to enjoy this amenity for walking, riding, and exercise outside of their immediate neighborhood. If a connection is not provided pedestrians would have to take a circuitous route along high-speed Mission Boulevard before being able to access Fox Trail. Traffic safety: This portion of Mission Boulevard has some slight horizontal and vertical curves and is posted with a 55 mph speed limit. Staff required the applicant to evaluate the site lines of the new proposed intersection for traffic safety. Additionally, City Engineering Division conducted their own independent site line study of the proposed intersection. As indicated in the applicant's study and City Engineering Division analysis (both attached), the proposed intersection will meet the American Association of Highway and Transportation Officials (AASHTO), City, and County standards for stopping distance and intersection site lines. While any turning movement onto and off of a high speed rural highway can be dangerous, City staff does feel the proposed intersection on Mission Boulevard meets minimum standards for safety. Public Comment: Staff has been in communication with Washington County Planning staff specifically discussing their concerns with the safety of the subdivision's new intersection on Mission Boulevard (email attached). At the Subdivision Committee meeting some surrounding neighbors spoke discussing traffic in the area, but they were not opposed to this development. RECOMMENDATION: Staff recommends approval of PPL 15-5253 with the following conditions. Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends the following street improvements: a. Planning Commission determination of the safety of the proposed street intersection at Mission Boulevard. Staff finds the proposed intersection will not create or compound a dangerous traffic condition. Planning Commission December 14,2015 GAETC\Development Services Review\2015\Development Review\15-5253 PPL SW Corner of Agenda Item 3 Hwy 45&Fox Trail(Fox Hills SD)\03 Planning Commission\02-09-20151Comments and Redlines 15-5253 Fox Hills SD Page 2 of 17 b. The applicant shall pay an assessment in the amount of$12,800 prior to final plat for the removal of the temporary cul-de-sac, re-vegetation of the area, and construction of new sidewalk and curb. 2. Planning Commission determination of street connectivity. Staff recommends in favor of street connection to Fox Trail for the reasons discussed previously in this report, but not to the east given the steep topography that makes development of a standard lot and block layout unfeasible. A street stub-out is proposed for future connection to the south. 3. As requested by the Washington County Planning Division, the cul-de-sac shall be pulled back slightly from the property line to allow room for maintenance purposes for county road crews. Show this revision on the plans submitted for Planning Commission. 4. A copy of septic permits for all lots less than 1.5 acres shall be provided prior to final plat. 5. Preliminary plat approval is valid for one year. All permits to complete construction for all lots within this preliminary plat are required to be obtained within one(1)year, subject to extensions in accordance with the Unified Development Code. 6. All engineering and GIS department conditions included herein shall apply. All revisions shall be addressed prior to construction plan approval. 7. Signage shall be placed, and must remain, at stubbed-out streets or temporary cul-de-sacs indicating future street connection. Standard conditions of approval: 8. Impact fees for fire, police, water, and sewer shall be paid in accordance with City ordinance. 9. 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). 10. 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. 11. Preliminary Plat development shall be valid for one calendar year. Planning Commission Action: O Approved O Forwarded O Denied Meeting Date: December 14, 2015 Motion: Second: Planning Commission December 14,2015 G:\ETC\Development Services Review\2015\Development Review\15-5253 PPL SW Corner of Agenda Item 3 Hwy 45&Fox Trail(Fox Hills SD)\03 Planning Commission\02-09-2015\Comments and Redlines 15-5253 Fox Hills SD Page 3 of 17 vote: BUDGETISTAFF IMPACT; None Attachments: • Engineering Division comments ■ Sketch of possible street alignment ■ City 911 Coordinator comments • Washington County comments • Request letter • Applicant's street improvement assessment • Site plan • Sight distance exhibit • Close Up Map • One Mile Map Planning Commission December 14,2015 G.CTODevelopment services ReviewkMfi ]evelopmerrt Review115-5253 PPLSW Corner of Agenda Item 3 Hwy 45&Fox Trail(Fox Hills SD)103 Planning Commissionl0&09-201SComments and Redlines 15-5253 Fox Hills SD Page 4 of 17 CITY OF ay evi le ARKANSAS Date: December 1, 2015 Subdivision Committee Staff Memo To: Quin Thompson, Current Planner From: Corey Granderson, Staff Engineer Re: Plat Review Comments Development: PPL 15-5253: Preliminary Plat FOX HILLS SUBDIVISION Engineer: Jorgensen & Associates Intersection Safety Comments: This plat proposes a new street that will intersect AR-45 across from the existing Shelton Loop intersection, east of Fox Trail. It is the opinion of the Engineering Division that traffic leaving this proposed street and turning right or left onto AR-45 would not create or exacerbate a dangerous traffic condition. As can be seen on the attached exhibit, both the right and left turn movements from this proposed street have adequate Stopping Sight Distances and Intersection Sight Distances based on industry standards (AASHTO, 2011). AASHTO's A Policy on Geometric Design of Highways and Streets states that"If the available sight distance for an entering or crossing vehicle is at least equal to the appropriate stopping sight distance for the major road, then drivers have sufficient sight distance to anticipate and avoid collisions. However, in some cases a major-road vehicle may need to stop or slow to accommodate the maneuver by a minor-road vehicle. To enhance traffic operations, intersection sight distances that exceed stopping sight distances are desirable along the major road." These increased sight distances are called"intersection sight distances" and have been met on this project in addition to the safety-related minimum stopping sight distances as mentioned above and shown in the attached exhibit. Plan Comments: 1. Two points of waterline looping have been shown at the end of the westernmost cul-de-sac. Either option will be acceptable, but only one loop point needs to be provided. 2. Waterline looping from the end of the dead-end line at south cul-de-sac must be provided. Logical looping point is due west requiring offsite easements & construction. 3. Proposed waterline radius appears too tight. Provide manufacturer's specification for allowable deflection at each joint. Pipe deflection between joints will not be considered. Provide additional fittings. 4. Water meters have not been shown to service lots 11 and 12. Show these on updated plan. 5. Original sight-distance comments and information have been attached to this memo for reference. Standard Comments: 1. All designs are subject to the City's latest design criteria(water, sewer, streets and drainage). Review for plat approval is not approval of public improvements, and all proposed improvements are subject to further review at the time construction plans are submitted. Mailing Address: ENGINEERINC 113 W. Mountain Street www.fayetteville-ar.go% Fayetteville, AR 72701 Planning Commission December 14,2015 Agenda Item 3 15-5253 Fox Hills SD Page 5 of 17 2. Any damage to the existing public street due to construction shall be repaired/replaced at the owner/developers expense 3. Water and sewer impact fees will apply for the additional impact to the system. The fees will be based on the proposed meter size and will be charged at the time of meter set. 4. Note, the following portions of all projects will typically not be reviewed by the Engineering Division until time of construction-level review(unless specifically requested at plat review): o Storm Sewer pipe/inlet sizing, gutter spread, profiles, or utility conflicts o Sanitary Sewer pipe sizing, profiles, or utility conflicts o Waterline fittings, callouts, or utility conflicts o Street profiles o Fine grading/spot elevations 5. The Engineer of Record shall: a. Review and approve material submittals. Approved submittals shall be submitted to the City for concurrence beforerg ading permit is issued. b. Perform"Full Time" Inspection for the utility installation and shall be "In- Charge" of the approval testing. c. Provide a qualified representative for all testing and inspection. d. Schedule testing with the Public Works Inspector. e. Authorize geotechnical testing laboratory to provide reports directly to City in PDF format. Reports shall be submitted in a timely manner. f Prepare material data sheets and test reports required by the specifications. g. Insure that daily inspection reports and data sheets are submitted to the City of Fayetteville's public works inspector weekly in PDF format. 6. 2012 Standard Water & Sanitary Sewer Specifications & Details apply 7. Demolition shall not begin until the appropriate erosion control measures and required tree preservation fencing are installed 8. Prior to Project Acceptance (Final Plat) the following items must be performed or provided to the satisfaction of the Engineering Department: h. The work shown on the civil site package must be complete and the items on the final punch list completed. i. Vegetation must be established in accordance with Section 169.04 of the UDC and perimeter controls removed. j. One (1) set of as-built drawings of the complete project (excluding details) as a hard copy, digital file Awg, and PDF format; i. Public infrastructure and services shall be surveyed after installation in relation to easements, property lines, and rights-of-way. 1. More than 2 ft deviation of design alignment of shall require new easement dedication or adjustment of the utility/storm drain. ii. Professional surveyor shall provide stamp drawings specifically identifying the limits of as-built survey performed. iii. As-builts should include the following information in a table: Linear Feet of new public streets, sidewalk(categorized by width),waterline. and sanitary sewer. Sauare feet of newly dedicated right-of-way. k. Unit price construction costs for review and approval and a single 2 year maintenance bonds in the amount of 25% of the public improvements; 1. Certification that the streets, sidewalk, storm sewer, water, fire line, and sewer lines, etc., were installed per approved plans and City of Fayetteville requirements; Planning Commission December 14,2015 Agenda Item 3 15-5253 Fox Hills SD Page 6 of 17 i. Provide all Inspection Reports. approved submittals; Data Forms From Utility Specifications(Including Consultants sewer TV report): compaction test results. etc.,. nt. Surveyor's Certification of Compliance for monuments and property pins. n. Bond,guarantee. or letter orcredit for all sidewalks not constructed prior to final plat approval (150% ol'tllc estimated cost of construction); Planning Commission December 14,2015 Agenda Item 3 15-5253 Fox Hills SD Page 7 of 17 pp O ` • XpV 1 TT 2 2\ t Na Z •1 1` Y v — tiSJ 1 1 � Z 04 0 Y r1) C) C3 Vis a o�Y� -� r 7a w w w o i o w ? 15E avoa N S o zo u '.H K Y S.d05 k 2Z __ ! cc p V _ EE IP d Y ! w N s Yz gO � .o.' � 1 rNt7 wo yo �`\ 1 .,go. cn 00 (n v 1 t AC i N — ria Y11 U) Q, .. 8 ,g U m ,--- - y . t Planning Commission December 14,2015 Agenda Item 3 ., 15-5253 Fox Hills SD Page 8 of 17 ^1SiWA `- I JR � _-� 9 — tIOC v 1 O W LU Lu qf Cn 1 W Ek . ' A, _ LLJ � I�'I aK�� 1 �� _ � � 'z''a i• •fir — �� 11J ' 'g �u J � ksS9 mamaunno]v - - 1 'l S� nyc cs�6 Owtl NO�5 11 s Planning Commission December 14,2015 Agenda Item 3 15-5253 Fox Hills SD Page 9 of 17