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HomeMy WebLinkAbout152-02 RESOLUTION• • RESOLUTION NO.152-02 • • A RESOLUTION REDUCING THE RIGHT-OF-WAY DEDICATION FROM WEDINGTON'S ST1gET CENTERLINE AND BETTY JO DRIVE'S STREET CENTERLINE TO40' ON WEDINGTON DRIVE AND;34 ON BETTY JO DRIVE FOR THE SECTION OF PROPERTY LOCATED BETWEEN MARVIN AVENUE AND BETTY JO DRIVE SOUTH OF WEDINGTON WHEREAS, the City of Fayetteville and the State Highway Department have completed the expansion of Wedington Drive to five lanes in this location; and WHEREAS, the additional right-of-way for this portion of Wedington Drive is no longer necessary for road expansion. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby approves the herein mentioned change. PASSED and APPROVED this the 15' day of October, 2002. ATTEST: wither Woodru f, City Cler .� �,.- r r. APPROV By: 404:1 DAN OODY, Mayor NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No.152-02 Document • 1 10/01/02 Resolution 152-02 2 09/27/02 Agenda Request Form - Approve a resolution reducing the right-of-way dedication from Wedington's street centerline and Betty Jo Drive's street centerline. 3 10/03/02 Revised agenda request 4 10/08/02 Memo to Tim Conklin from Heather Woodruff NOTES: STAFF REVIEW FORM x Agenda Request Contract Review Grant Review For the Fayetteville City Council meeting of October 1, 2002. FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED: To approve a resolution reducing the right-of-way dedication from Wedington's street centerline and Betty Jo Drive's street centerline to 43' on Wedington Drive (a 12' reduction) and 25' on Betty Jo Drive (a 10' reduction) as submitted by Charles Nickle and Robert Nickle for property located between Marvin Avenue and Betty Jo Drive south of Wedington Drive. COST TO CITY: so Cost of this request Account Number Project Number Category/Project Budget Category/Project Name Funds used to date Program Name Remaining balance Fund BUDGET REVIEW: Budget Coordinator Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: A nt'n Manager Ci y Att rney Purchasing Officer Sate 7-41-0L Date Date GRANTING AGENCY: ADA Coordinator Internal Auditor Date Date STAFF RECOMMENDATION• Staff recommended approval and on September 9, 2002 the Planning Commission voted 8-0-0 to recommend the resolution be approved by the City Council. Divi 'y_i H y d stfector a ive Services Date /s-° z� D to 1 -7, _oma Date Cross Reference New Item: Yes No Prev Ord/Resit: Orig Contract Date: RESOLUTION NO. A RESOLUTION REDUCING THE RIGHT-OF-WAY DEDICATION FROM WEDINGTON'S STREET CENTERLINE AND BETTY JO DRIVE'S STREET CENTERLINE TO 43' ON WEDINGTON DRIVE AND 25' ON BETTY JO DRIVE FOR THE SECTION OF PROPERTY LOCATED BETWEEN MARVIN AVENUE AND BETTY JO DRIVE SOUTH OF WEDINGTON, CONTAINING 16,360 SQ.FT., MORE OR LESS, FAYETTEVILLE, ARKANSAS. WHEREAS, the City of Fayetteville and the State Highway Department have completed the expansion of Wedington Drive to five lanes in this location; and WHEREAS, the additional right-of-way for this portion of Wedington Drive is no longer necessary for road expansion. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• That the City Council hereby approves the herein mentioned change. PASSED AND APPROVED this day of , 2002. ,r ATTEST: By: Heather Woodruff, City Clerk APPROVED: •+ Dan Coody, Mayor •• FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner DATE: September 13, 2002 •• 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 BACKGROUND The proposed street right-of-way for Wedington Dr. and Betty Jo Dr. do not meet the requirements of the Master Street Plan. The applicant states that the required right-of-way, the 50' setback requirements and the 15' landscape setback will not allow enough area for construction of the proposed building. The right-of-way reductions needed are as follows: • Wedington Dr. — 15' right-of-way reduction. Wedington Dr. is a Principal Arterial with 110' of right-of-way required; a 55' dedication from street center line. The applicant proposes approximately 4g' of right-of-way dedication; i3' less than required. 43' la I • Betty Jo Dr. — 12' right-of-way reduction. Betty Jo Dr. is a Collector with 70' of right-of- way required; a 35' dedication from street center line. The applicant proposes approximately 2S' of right-of-way dedication; ice' less than required. 25' log The City of Fayetteville and the Arkansas Highway Department have recently completed the expansion of Wedington Dr. to five lanes at this location. In a letter from the applicant dated August 16, 2002, he states that a representative from the highway department indicated that they do not intend to require additional right of way for improvements on Wedington. Staff fords that requiring the right-of-way for each of these streets significantly impacts this property and reduces its development potential. CURRENT STATUS Staff recommended approval and on September 9, 2002 the Planning Commission voted 8-0-0 to recommend the right-of-way reduction to the City Council. RECOMMENDATION Staff recommends approval of the requested right-of-way reductions. •• •• FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Shelli Rushing, A.I.C.P., Associate Planner THRU: Tim Conklin, A.I.C.P., City Planner DATE: September 5, 2002 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 ADM 02-31.00: Administrative Item (Nickle, pp 440) was submitted by Charles Nickle and Robert Nickle for property located between Marvin Avenue & Betty Jo Drive south of Wedington Drive. The requirement is for a 55' street right of way dedication from Wedington's street centerline and 35' dedication on Betty Jo Drive. The request is to reduce the required right-of-way dedication to 4e on Wedington Drive (18' reduction) and $' on Betty Jo Drive (a 10' reduction). RECOMMENDATION Staff recommends approval of the requested right-of-way reductions. BACKGROUND Property Description. The subject property is located on Wedington Dr. west of I-540 in Maple Terrace, Phase 1. The property is 16,360 sq. ft. and bounded by Betty Jo Dr. on the west, Marvin Ave. on the east and Wedington Dr. on the north. The property is zoned C-1 Neighborhood Commercial and General Plan 2020 designates it as community commercial The north, east and west adjacent properties are currently being used as commercial and are zoned as such. The adjacent property to the south is multifamily residential apartments. Proposal. The applicant is the property owner who intends to sell the property to someone proposing to construct a 2,300 sq. ft. laundromat. The site plan is attached. The applicant received approval from the Board of Adjustment on Monday, Sept. 3, 2002 for a 5' front setback variance along Betty Jo Dr. and Marvin Ave. and 8' landscape setback variance along Marvin Ave. (see attached site plan) with the condition that the applicant seek approval of a reduction of right-of-way dedication requirements for Wedington Dr. and Betty Jo Dr. Street right-of-way. The proposed street right-of-way for Wedington Dr. and Betty Jo Dr. do not meet the requirements of the Master Street Plan. The applicant states that the required right-of- way, the 50' setback requirements and the 15' landscape setback will not allow enough area for construction of the proposed building. The right-of-way reductions needed are as follows: • • • • • Wedington Dr. — 15' right-of-way reduction. Wedington Dr. is a Principal Arterial with 110' of right-of-way required; a 55' dedication from street center line The applicant proposes approximately 714' of right-of-way dedication; g' less than required. 431 12' • Betty Jo Dr. — 12' right-of-way reduction. Betty Jo Dr. is a Collector with 70' of right-of- way required; a 35' dedication from street center line. The applicant proposes approximatelyl' of right-of-way dedication; W less than required. 25' 10' The City of Fayetteville and the Arkansas Highway Department have recently completed the expansion of Wedington Dr. to five lanes at this location. In a letter from the applicant dated August 16, 2002, he states that a representative from the highway department indicated that they do not intend to require additional right of way for improvements on Wedington. Staff finds that requiring the right-of-way for each of these streets significantly impacts this property and reduces its development potential. Therefore, staff is recommending approval of the requested reductions in right-of-way. SURROUNDING LAND USE AND ZONING GENERAL PLAN DESIGNATION Community Commercial Land Use Zoning North Commercial - Sonic restaurant and vacant property C-2 Thoroughfare Commercial South Residential - Apartments R-2 Medium Density Residential East Commercial - Car wash C-2 Thoroughfare Commercial West Commercial — Gas station C-1 Neighborhood Commercial GENERAL PLAN DESIGNATION Community Commercial • • • • August 16, 2002 The Planning Commission City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Commissioners: We are currently the owners of a lot on the south side of Wedington Drive in Fayetteville bounded by Marvin and Betty Jo (Lot 1, Block 4, Maple Terrace Phase I). This is a small lot zoned C-1 that has never been improved. An individual wants to construct a building for a laundry -mat on the property and has the lot under contract to purchase. The lot presents many challenges due to having street frontage on three sides and a large utility easement on the east side of the property. Ingress and egress for the property must be at the rear of the lot because neither the Arkansas Highway Department nor the City of Fayetteville would allow a curb cut on Wedington Drive. As you know the Highway Department and the City of Fayetteville have recently completed the expansion of Wedington Drive to five lanes in this area. As part of that widening project the Highway Department obtained some frontage from us. When we expressed some reticence about giving up frontage on our small lot the Highway Department representative indicated to us that this would be all the frontage they would need for the foreseeable future because of other improvements on the south side of Wedington. At a recent meeting with Fayetteville planners about necessary setback variances we will need for the prospective buyer's project we were made aware that the current master street plan calls for a 55 foot right-of-way on the south side of Wedington. The additional twelve feet of required right-of-way along with the 15 foot landscaping requirement along Wedington will not allow the construction of a building big enough for the laundry - mat. We feel that preservation of the landscaping requirement is more appropriate than the additional twelve foot right-of-way requirement, so rather than ask for a variance of the landscaping requirement on Wedington we ask that you consider lessening the standard right-of-way requirement in this instance. We understand that if the Commission approves this request it must also be approved by the City Council. Thank you for considering this request. k1] e ,C a O lif , hilt. t,kk, Charles R. Nickle Robert A. Nickle Rug 13 02 04:41p Shelly Burks BUILDING SETBACKS: NORTH - 56 FT. SOUTH -17 FT. EAST - 45 FT. WEST - 45 FT. • ,,a -al -I 10 p.c WEOINGTON RO. (HWY 76) AREA CALCULATIONS: LOT 16360 SQ. FT. BUILDING 2300 SQ. FT. PARKING 2390 SQ. FT. LANDSCAPING 4980 SQ. FT. o so LOT 1, MAPLE TERRACE FAYETTEVILLE, ARKANSAS LI S I NFaAs, RUGTURE. INC. am.ngeowmc na s.a.0.t I" I P.N.S pia 1 wh AUG O2 • • • • ADM 02-32 One Mile View NICKLE A-1 ° fir q�1 141 41It 1010` Ir 1_..� Inn �� ���`� i tea 1 \.. nma�n mann 11x1111 1se.n; IIthlafil ii 11g11 Catlin Lr 11[[11Vt. e•r ati Irarnia 6[L e," 13Inenlg'.u,., romLLa[ln,,, rrrrf l llrrlll rrrrf all car re arrrpe ei tl.r-0aI lin r .er;e •. ii 111 ,ua. 11. h 1 nr1 Iii le ' Illi .1qd IR A-1 it MIMI t"A J --. :::-.,...m. a7.lfrrrl5'..rwlne.•.�•�_-2p -je� bulge 1lunen Mabe Ijah .re."= .S q13 Jill/wisp llr•-roar kbmum Lrani-ala [ fan 'Ng11d 1ni.. 1 e. IKO.pllllir .e a1LF9f1lsoce.0e ,1111111E 4111 rs. la1�%�...t O,�rin•: •LLIa1.C11i..�S 24 -ti FILE' ellleuZ rce`re♦ ♦♦i `1.1111. Mlle ,ra.lZei_h11 1 •.i -r.« Jlill. C .O!PCri1'[siOl; l 1lIrn �1 :1111101.9,0cibflit 1 iat nl• j11ii • .9- t♦}\� e; al aliallit-2- c...=__ .'ffeF1/. aka aril =i�\ a114111Oat; -wt` Steib •�11U� - iINIIIL striliMIIIRMI i�a1liile.' C-1 C-1 1nn 77,, f ; i 11rs i Ci 11111! 1 north. 111111,106! ■1 r. iC1 uftml ire: u�lom uI nalrm»n amiliril111 _e`aa_n 4111111111�'�fYYlili' �••'� allllun� ■■u■tiff �': �, i� Rf:l� _ :;1111111II1111r,IIIIIiiiiii 11 1�!IIIIII 111 .111 elrili.1111 $ A1ri11111L• t7LLCE 71-r• aIFEiWtYl: nut traeu 2:: Ma 2: as Hliilkirt mite l r inulol piri ill oma, mrri FGmeg! pl1�as ml Irnlllellill1 rrsellif'S'.'y1ib' i�„ AO t Ct Ind WOE Legend Subject Property VAR02-24.00 Streets D1Cra AY/�♦FWs10 0 0.1 0.2 Boundary Planning Area Oserily District Li City Limits I I Outside City cp000% 00 Master Stria( Plan AFn arfiEslressrry e pli NSW q% '- `-MnorAMY ♦ . Cdlacb e•ee IWMnc Collector 0.4 0.6 0. Iles Board of Adjustment September 3, 2002 VAR02-24 Nickle Page 2.14 • 'ADM 02-32 Close Up View #• NICKLE Legend Wv y clugDPM1 owns UMW' SOW( VIm ®WVMeal ® YM00.04.00 s$ngn FMOVailFalfnorl — - Cara. MOWS —Fmp eeY renWa Medi ••S Rest Corm. Lakes Ing I=�Clly ' oard of Adjustment September 3, 2002 VAR02-24 Nickle Page 2.15 300 450 600 Feet R=30' L=12,79' 43' AR. HIGHWAY 16 (WEDOINGTON ROAD) LESS AND EXCEPT CONVEYED TO A.N. T.D. 550'1747"E 2587' 1 25' • FOUND IRON PIN O SET IRON PIN + CALCULATED POINT on TELEPHONE RISER •a ELECTRIC RISER •o CABLE RISER 00= POWER POLE 2 GAS METER Grao WATER METER OS MANHOLE O TELEPHONE MANHOLE 9 27'39 CON. SIDEWALK 589'3720"E 102.03 R=.30' L=34.88' 'S Lan o •'• 510/S LOT1 BLOCK 4 MAPLE TERRACE PHASE 589'3723w 140.00' 53 25 U,E, 18.84' O.B. 4F LESS & EXCEPTION 25 s CC BASIS OF BEARING IS THE SOUTHERN PROPERTY LINE FROMA SURVEY BY ALAN REID AND ASSOCIATES DATED APRIL 15, 1996 (JOB NO. 98123). , SURVEYED FOR CHARLES R. 8 ROBERT A NICKLE 50' 0' 25' 50' LOT 1, BLOCK 4, MAPLE TERRACE, PHASE I, FAYETTEVILLE, ARKANSAS, AS PER THE PUT RECORDED MARCH 8, 1978 IN THE OFFICE OF THE CIRCUIT CLERK AND EX -OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. LESS AND EXCEPT PART OF LOT 1, BLOCK 4, MAPLE TERRACE, PHASE I, FAYETTEVILLE, ARKANSAS CONVEYED TO THE ARKANSAS HIGHWAY COMMISSION 8Y WARRANTY DEED EXECUTED OCTOBER 19, 1998 AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 4, MAPLE TERRACE, PHASE l; THENCE N00109'34 W A DISTANCE OF 101.56 FEET TO THE POINT OF BEGINNING; THENCE N0010914'WA DISTANCE OF 78.84 FEET; THENCE N897739'W A DISTANCE OF 109.40 FEET' THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 30 FEET AND ARC LENGTH OF 12.79 FEET, FOR WHICH THE CHORD BEING S78'412014/A DISTANCE OF 12.69 FEET; THENCE S89'3220W A DISTANCE OF 102.03 FEET; THENCE S50'12'47E A DISTANCE OF 2587 FEET TO THE POINT OF BEGINNING. FLOOD CERTIFICATION THE ABOVE DESCRIBED LOT LS MOT WITHIN A FEDERAL EMERGENCY MANAGEMENT AGENCY FLOOD ZONE 'A' OR "AE. AS SHDAM W TIE FLOOD WSL.ancE RATE IMP. WASH...OWN COUNTY. ARKANSAS. PANEL NO. 05143C0091D. DATED -Ur 21 vi "-. S:.R YE Y,]PS CERTIF CATION • • RESP CER TIFY THAT THE ABOVE-DESCRIBED PROPERTY WAS SURVEYED BYME. OR UNQQHRW5»IEI.T., SL:tR- S0 A' D THAT THE MONUMENT SHOWN WERE FOUND OR SET BY ME TO THE B# .BPS'T 54:el�idglinneDgE AND AEA/TY ,4• "...., SURVEYOR NO 1153 4710 SOUTH 17 MPSON SPRINGDALE, AR 72764 (479)872-7115 STAFF REVIEW FORM x Agenda Request _ Contract Review Grant Review For the Fayetteville City Council meeting of October 1, 2002. FROM: Tim Conklin Planning Urban Development Name Division Department ACTION REQUESTED: To approve a resolution reducing the right-of-way dedication from Wedington's street centerline and Betty Jo Drive's street centerline to 40' on Wedington Drive (a 15' reduction) and 23' on Betty Jo Drive (a 12' reduction)as submitted by Charles Nickle and Robert Nickle for property located between Marvin Avenue and Betty Jo Drive south of Wedington Drive. COST TO CITY: SO Cost of this request Account Number Project Number Category/Project Budget Category/Project Name Funds used to date Program Name Remaining balance Fund BUDGET REVIEW: Budget Coordinator Budgeted Item Budget Adjustment Attached Administrative Services Director CONTRACT/GRANT/LEASE REVIEW: au. in. -nager Ci -,w.., . Purchasing Officer Date r(-43-oi Date Date GRANTING AGENCY: ADA Coordinator Date Internal Auditor Date STAFF RECOMMENDATION: Staff recommended approval and on September 9, 2002 the Planning Commission voted 8-0-0 to recommend the resolution be approved by the City Council., ' Div' ' on }4 -d De t ,'rector ativ- Ser ces 9-/3-u� ate Date !fib -i -oz Date Ma or e Cross Reference New Item: Yes No Prev Ord/Res#: Orig Contract Date: • FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody Fayetteville City Council FROM: Tim Conklin, A.I.C.P., City Planner DATE: September 13, 2002 • 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 BACKGROUND The proposed street right-of-way for Wedington Dr. and Betty Jo Dr. do not meet the requirements of the Master Street Plan. The applicant states that the required right-of-way, the 50' setback requirements and the 15' landscape setback will not allow enough area for construction of the proposed building. The right-of-way reductions needed are as follows: • Wedington Dr. — 15' right-of-wav reduction. Wedington Dr. is a Principal Arterial with 110' of right-of-way required; a 55' dedication from street center line. The applicant proposes approximately 40' of right-of-way dedication; 15' less than required. • Betty Jo Dr. — 12' right-of-way reduction. Betty Jo Dr. is a Collector with 70' of right-of- way required; a 35' dedication from street center line. The applicant proposes approximately 23' of right-of-way dedication; 12' less than required. The City of Fayetteville and the Arkansas Highway Department have recently completed the expansion of Wedington Dr. to five lanes at this location. In a letter from the applicant dated August 16, 2002, he states that a representative from the highway department indicated that they do not intend to require additional right of way for improvements on Wedington. Staff finds that requiring the right-of-way for each of these streets significantly impacts this property and reduces its development potential. CURRENT STATUS Staff recommended approval and on September 9, 2002 the Planning Commission voted 8-0-0 to recommend the right-of-way reduction to the City Council. RECOMMENDATION Staff recommends approval of the requested right-of-way reductions. • • RESOLUTION NO. A RESOLUTION REDUCING THE RIGHT-OF-WAY DEDICATION FROM WEDINGTON'S STREET CENTERLINE AND BETTY JO DRIVE'S STREET CENTERLINE TO 40' ON WEDINGTON DRIVE AND 23' ON BETTY JO DRIVE FOR THE SECTION OF PROPERTY LOCATED BETWEEN MARVIN AVENUE AND BETTY JO DRIVE SOUTH OF WEDINGTON, CONTAINING 16,360 SQ.FT., MORE OR LESS, FAYETTEVILLE, ARKANSAS. WHEREAS, the City of Fayetteville and the State Highway Department have completed the expansion of Wellington Drive to five lanes in this location, and WHEREAS, the additional right-of-way for this portion of Wedington Drive is no longer necessary for road expansion. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS• That the City Council hereby approves the herein mentioned change. PASSED AND APPROVED this clay of , 2002. ATTEST: • y By: By: Heather Woodruff, City Clerk APPROVED;. ,, A wf Dan Coody, Mayor •• ••. FAYETTEVILLE THE CITY OF FAYETTEVILLE ARKANSAS PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Board of Adjustment FROM: Shelli Rushing, A.I.C.P. Associate Planner THRU• Tim Conklin, A.I.C.P., City Planner DATE: September 5, 2002 113 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8264 ADM 02-31.00: Administrative Item (Nickle, pp 440) was submitted by Charles Nickle and Robert Nickle for property located between Marvin Avenue & Betty Jo Drive south of Wedington Drive. The requirement is for a 55' street right of way dedication from Wedington's street centerline and 35' dedication on Betty Jo Drive. The request is to reduce the required right-of-way dedication to 40' on Wedington Drive (15' reduction) and 23' on Betty Jo Drive (a 12' reduction). RECOMMENDATION Staff recommends approval of the requested right-of-way reductions. BACKGROUND Property Description. The subject property is located on Wedington Dr. west of I-540 in Maple Terrace, Phase I. The property is 16,360 sq. ft. and bounded by Betty Jo Dr. on the west, Marvin Ave. on the east and Wedington Dr. on the north. The property is zoned C-1 Neighborhood Commercial and General Plan 2020 designates it as community commercial The north, east and west adjacent properties are currently being used as commercial and are zoned as such. The adjacent property to the south is multifamily residential apartments. Proposal. The applicant is the property owner who intends to sell the property to someone proposing to construct a 2,300 sq. ft laundromat. The site plan is attached. The applicant received approval from the Board of Adjustment on Monday, Sept. 3, 2002 for a 5' front setback variance along Betty Jo Dr. and Marvin Ave. and 8' landscape setback variance along Marvin Ave. (see attached site plan) with the condition that the applicant seek approval of a reduction of right-of-way dedication requirements for Wedington Dr. and Betty Jo Dr. Street right-of-way. The proposed street right-of-way for Wedington Dr. and Betty Jo Dr. do not meet the requirements of the Master Street Plan. The applicant states that the required right-of- way, the 50' setback requirements and the 15' landscape setback will not allow enough area for construction of the proposed building. The right-of-way reductions needed are as follows: • • • • • Wedington Dr. — 15' right-of-way reduction. Wedington Dr. is a Principal Arterial with 110 of nght-of-way required; a 55' dedication from street center line. The applicant proposes approximately 40' of nght-of-way dedication; 15' Tess than required. • Betty Jo Dr. — 12' right-of-way reduction. Betty Jo Dr. is a Collector with 70' of right-of- way required; a 35' dedication from street center line. The applicant proposes approximately 23' of right-of-way dedication; 12' Tess than required. The City of Fayetteville and the Arkansas Highway Department have recently completed the expansion of Wedington Dr. to five lanes at this location In a letter from the applicant dated August 16, 2002, he states that a representative from the highway department indicated that they do not intend to require additional right of way for improvements on Wedington. Staff finds that requiring the right-of-way for each of these streets significantly impacts this property and reduces its development potential. Therefore, staff is recommending approval of the requested reductions in right-of-way. SURROUNDING LAND USE AND ZONING GENERAL PLAN DESIGNATION Community Commercial Land Use Zoning North Commercial - Sonic restaurant and vacant property C-2 Thoroughfare Commercial South Residential - Apartments R-2 Medium Density Residential East Commercial - Car wash C-2 Thoroughfare Commercial West Commercial — Gas station C-1 Neighborhood Commercial GENERAL PLAN DESIGNATION Community Commercial So •• August 16, 2002 The Planning Commission City of Fayetteville 113 W. Mountain Fayetteville, AR 72701 Dear Commissioners: We are currently the owners of a lot on the south side of Wedmgton Drive in Fayetteville bounded by Marvin and Betty Jo (Lot 1, Block 4, Maple Terrace Phase I). This is a small lot zoned C-1 that has never been improved. An individual wants to construct a building for a laundry -mat on the property and has the lot under contract to purchase. The lot presents many challenges due to having street frontage on three sides and a large utility easement on the east side of the property. Ingress and egress for the property must be at the rear of the lot because neither the Arkansas Highway Department nor the City of Fayetteville would allow a curb cut on Wedington Drive. As you know the Highway Department and the City of Fayetteville have recently completed the expansion of Wedington Drive to five lanes in this area. As part of that widening project the Highway Department obtained some frontage from us. When we expressed some reticence about giving up frontage on our small lot the Highway Department representative indicated to us that this would be all the frontage they would need for the foreseeable future because of other improvements on the south side of Wedington. At a recent meeting with Fayetteville planners about necessary setback variances we will need for the prospective buyer's project we were made aware that the current master street plan calls for a 55 foot right-of-way on the south side of Wedington. The additional twelve feet of required right-of-way along with the 15 foot landscaping requirement along Wedington will not allow the construction of a building big enough for the laundry - mat. We feel that preservation of the landscaping requirement is more appropriate than the additional twelve foot right-of-way requirement, so rather than ask for a variance of the landscaping requirement on Wedington we ask that you consider lessening the standard right-of-way requirement in this instance. We understand that if the Commission approves this request it must also be approved by the City Council. Thank you for considering this request. , gt.Ad T, Charles R. Nickle Robert A. Nickle Rug 13 02 04:4Ip Shelly Burks BUILDING SETBACKS: NORTH - 56 FT. SOUTH - 17 FT. EAST - 45 FT. WEST -45 FT. • • qiy aic-iiia p.c WEOINGTON RO. (NWY 76) AREA CALCULATIONS: LOT 16360 S4 FT. BUILDING 2300 SO. FT. PARKING 2390 SQ. FT. LANDSCAPING 4980 SO. FT. 1 =40' LOT 1, MAPLE TERRACE FAYETTEVILLE, ARKANSAS © USINFRASTRUCTURE.INc. [wv ADM 02-32 One Mile View NICKLE A-1 lit:nows 11I aiail ••mirrrmijil -u-1._ ode 1 III2[l.11 lit.. /IIllgptp.V_s --J, iul I�.� _ uuuu �_ Tau .... a15j ;lis is . itariltr VL.ne IIILLCLLr]l 11tIpIII��. i.■.• ul tri n t_,I!Spb :.c��i =°_1.Ina ' LrIUYrir 1\,� \,•I. II, ansa __ r__ I_.4 . .nrrcl, /:-...-411;_ .umutuarr ••aI�a!t SUBJECT gennici)ytlp2 .. I�11 Iyitiri ":atad . ti ��• ln1 yr *411114%470,4:444q:14 I � it 1I ►iqn� 404.94,'&i. oo. Ltnu_ rr �i wirintardt• SW" O�tr�•. �i.II•itYttttlll__\ltJn.4e' Mi . 1 •,_ �•liv• uJI . J U _LL.I .It. .. IIyElllill;ll�i , '�•'I II •ilia I��I1� ■)T 11;11111 C2 r.:rrh U '1'rllln'_liallini llwrinl na,111111: men1.117n valikri1111 =1: =u, iIalllgllltr&iliWw INllliltllf./ in11111li iito G liiiii0iiiii111411111l1i111 "11:::::11:717 nulmm�l� unlli�lnln g11111�11eL8ii IIII:rjL'1llll "b a lalpU,a MEC' 71•• 1 �rliaillt{U� IIIIOi.rai il '� - isi 1111111111=� laiikiilf- IIIIIIIIII �� Ur1/i 0 �i unnnn ■:;rr:,l, ■r�1 l,.r.ir�=gin,.. ��r:T�1_:zncs: 1 AO R-1 ISM -. Legend Subject Property VAR02-24.00 Streets 4%tanr0 0 0.1 0.2 Boundary "._. Planning Area 800x% °000008 Overlay Digit L _ I City Limits n Outside Cion 0.4 Mester street Plan 47y rie•.erJEm-_.ay SOI/ P1bpel Arterial ` , • CaOa° ••e. Merle Collector 0.6 0.6.. Board of Adjustment September 3, 2002 VAR02-24 Nrckle Page 2.14 ___ •• 'ADM 02-32 NICKLE C K L E Close Up View Overview O2 0-2 SUBJECT PROPERTY „M, -fl a uajua .�fu -Lifer •'••••. G2 R-0 iii' O e O iJ o R.2 0 q p iO O � ' p R_21aW 12 R.IFYfR .1VE L.,..4 — Wcc o_-, -4- YafW &n Pt.n ®IrvM I P W my ® -I - WAmOJ b'ryW u+Fditow �) = rc �w rrr ArI�INYY •�� IIWIbC� I___ ly. iilill1 oard ofAdjustment September 3, 2002 0 75 150 300 450 600 VAR02-24 Nickle Feet Page 2.15 Planning Commission • • September 9, 2002 Page 24 ADM 02-29.00: Administrative Item (Large Scale Development Ordinance/Expiration) To amend the Unified Development Ordinance to require the development of any lot(s) in a previously approved and recorded subdivision, where required infrastructure such as sewer, sidewalks, streets, street lighting, or water is lacking or incomplete, or in the judgment of the City Planner is otherwise inadequate to serve the proposed development, shall be processed in accordance with the requirements for a large-scale development, regardless of the size or number of lots. Hoffman: Our next item on the agenda is ADM 02-29.00, which is another administrative item for Large Scale Development Ordinances and Expiration dates. This item is to amend the Unified Development Ordinance to require the development of any lots in a previously approved and recorded subdivision where required infrastructure such as sewer, sidewalks, streets, street lighting or water is lacking or incomplete or in the judgment of the City Planner is otherwise inadequate to serve the proposed development shall be processed in accordance with the requirements for a Large Scale Development regardless of the size or the number of lots. Secondly, to amend the Unified Development Ordinance to require all approved undeveloped or discontinued Large Scale Developments, Planned Unit Developments, Conditional Uses and Lot Splits that have not received all required permits to begin construction, have not begun construction, have not been established or recorded to meet all current Unified Development Ordinances. Then thirdly, to amend the Unified Development Ordinance to set time limits for application, plan, and project approvals by staff, Planning Commission and the City Council. Conklin: Madam Chair and members of the Commission I would like for you to review this ordinance this evening however I would like to bring back to the next Commission a final version of the ordinance and there may be some people here tonight that would like to also offer comments but I think it would be valuable for staff to hear from the Commissioners if we need to make any changes. The City Attorney and I can get together and we can produce a final draft. Basically we are trying to bring forward an ordinance that would amend our Large Scale Development requirement and place that Large Scale Development requirement for development that is occurring within or adjacent to what is called like a paper subdivision where the infrastructure has not been placed or installed. Also, within this ordinance we are trying to establish an expiration of a previously approved plan or permit. We currently have Large Scale Developments that have been approved by the Commission in the early 90's, maybe even in the 80's that are existing that currently do not meet our current standards for tree preservation, commercial design standards, parking lot landscaping. This ordinance revision would require that they either build their development within 90 days from the date of passage of the ordinance or they be required to meet all current city ordinances. I have been fairly successful in getting these developments to meet our current ordinances, especially with commercial design standards. There were some metal buildings that were Planning Commission • • September 9, 2002 Page 25 approved a while back prior to our commercial design standards. You have some very prominent visible intersections in Fayetteville. However, it would be helpful to have this ordinance in place so I don't have to sit there and ask them to voluntarily comply with these standards. We have a commercial development on Hwy. 265 and Huntsville Road, right behind the gas station, a commercial shopping center that currently doesn't have landscaping within the parking lot. Also the back of the building will be visible from the back of the street. I am working with them to try to get into compliance as much as possible. There was no expiration. The commercial development at Rupple Road and Wedington Drive that went in, several of you asked about when we approved this. Well it was approved many, many years ago prior to probably anyone on this Commission. Once again, staff had to work with them to at least bring it up as close to compliance with our current standards. That is the second part of the ordinance. The third part is to make sure any future approvals for the different things that the City of Fayetteville approves has an expiration date on them and we have a one year time limit and we have conditions for the projects once they are approved to begin construction or renovation, receive their Certificate of Zoning Compliance, record the lot split deed and file it over at the County, receive all the permits from the city, state, and federal regulations. Basically once we approve a project we want to make sure that that project is going to be built and it is going to be built within a time frame. After the permits are issued I also proposed a three year time limit. If you get your permit and you are under construction that within three years you need to complete construction. I have some projects out there that are many, many years old that have not completed construction. Certain things they have not complied with, it is more of an enforcement issue. I want it in writing in the Unified Development Ordinance to state that all your approvals will be voided if you don't start your project and complete it. I am not going to name the project but just a couple of Planning Commission meetings ago after Planning Commission approved the project I met with the developer and at that time we talked about meeting the conditions of approval by the Planning Commission. They talked about years, taking years to meet these conditions. That concerned me when we talked about screening, commercial design standards, landscaping. They were talking about doing this piece meal. I think it is very hard to keep up with as staff and we just need to clarify that in the ordinance. Those are the three major changes that are proposed with regard to Large Scale Development. Requiring that all previously approved development after 90 days will meet all of our current ordinances and setting up a three year time limit. Thank you. Williams: Madam Chairman, I just wanted to tell you that one reason we did not want you to go forward tonight is that there were some suggestions made at your Thursday evening agenda session. We have not been able to get all that down in black and white. We are pretty close and will be getting you what we believe are more finished ordinances so don't waste too much time studying the ones you have in your packet now because we are going to incorporate the Planning Commission • • September 9, 2002 Page 26 suggestions that the Planning Commission made at it's agenda session and we will be getting you new clean copies of ordinances which I think are slightly improved from your suggestions. Hoffman: Thank you Mr. Williams. Is there any member of the public that would like to address us on these proposed ordinances? Seeing no one, I will bring it back to the Commission for discussion and motions. Bunch: Just a quick question for Kit and for Tim also I guess, in those revisions that you are contemplating do they include some system of extensions and also to accommodate phased jobs? Williams: I have drafted some language concerning the extensions. I haven't drafted anything specifically about phased jobs. Both of the extensions would have to come before the Planning Commission and the developer would have to show good cause why they could not complete the tasks within the time period originally allowed. It would be their burden and they would have to appear before the Planning Commission prior to their time period expiring and then the Planning Commission would have the power to grant an additional year in the first one and I tentatively have put an additional two years on the completion of the project. If you think that we need something else in a phased project then I welcome any sort of language that might incorporate that idea. I have not included anything in relation to a phased project. Hoffman: Thank you Mr. Williams. Shackelford: I was also someone who brought up a couple of points in the agenda session that I want to go ahead and get on record. The points that I made Thursday were that as this proposed ordinance is currently written that regardless of the size of the development or the lot in which this development is on something as minor as an incomplete sidewalk or a missing street light could force a project through the Large Scale Development process. My concern was that you have a small business owner, and we have seen several of these in my time on the Planning Commission, a very small building on a lot that he or she may own that this could be very cost prohibitive for that developer to the tune of 15, 20 or 30% additional cost just for the process to go through Large Scale Development. I would ask that the City Planner be given a broader discretion in the enforcement of this ordinance or some other situation which we can address. Williams: I have some proposed language and I am going to get with our City Planner that should take care of that situation I hope. Tim has been understaffed and with the lateness of the suggestions we just weren't able to get everything together for tonight. Shackelford: I understand, I just wanted to get that on public record. Planning Commission • • September 9, 2002 Page 27 Motion: Estes: In accordance with our City Planner, Mr. Conklin's request and in conformity with our City Attorney, Mr. Williams comments, I move that we table ADM 02- 29.00. Hoffman: There is a motion by Commissioner Estes, do I have a second? Shackelford: I will second it. Hoffman: A second by Commissioner Shackelford. I would like to add a comment that I agree about the smaller projects, I would like to see specific exemptions for smaller projects but don't necessarily exempt them from our ordinances. They will still have to comply with parking lot, commercial design standards and so forth but to avoid a public hearing is sometimes a big thing for a smaller project, small additions, utility line extensions and things like that. Can we add those to the wish list? Conklin: I certainly can work with our City Attorney. What I am trying to do here is address a problem also where I have had developers request property line adjustments to create .9999 acres to avoid any site plan review process by the Planning Commission. I will definitely work on that. What I want to make sure, and you as a Planning Commission can help me, is that we don't create an exemption where I have the developers back in my office asking to create parcels that meet the exemption and that is the only difficult part of that ordinance. Hoffman: I think that can be made fairly restrictive that would discourage that practice. Conklin: I agree with Loren Shackelford with regard to a single-family home but I think we need to come up with some language, especially when you own more than one lot that is contiguous to each other, I think we need to be careful because we have areas where you can't even get a fire truck down a street and turn around and even on a single-family home that concerns me putting one more home down that street but we will come up with something for our next meeting. Hoffman: Thank you Tim. Is there any further discussion? Allen: I just wanted to comment that I see that it needs some tweaking but I think the basic premise of this ordinance is excellent. Hoffman: Thank you. Renee, would you call the roll please? Planning Commission • • September 9, 2002 Page 28 Roll Call: Upon the completion of roll call the motion to table ADM 02-29.00 was approved by a vote of 8-0-0. Hoffman: Thank you. The motion to table carries unanimously. • FAYETTEVI L!LE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Tim Conklin, Planning Director From: Heather Woodruff Date: October 8, 2002 LA Attached is a copy of the resolution reducing the right-of-way dedication from Wedington and Betty Jo Drive. The original will be microfilmed and filed with the City Clerk. cc: John Goddard, Info. Tech. Scott Caldwell, Info. Tech. Clyde Randall, Info. Tech.