HomeMy WebLinkAbout52-03 RESOLUTION•
RESOLUTION NO, 52-03
A RESOLUTION TO AMEND THE MASTER STREET
PLAN IN RELATION TO BRIDGEWATER LANE AND
AN UNNAMED ARTERIAL EAST OF THE CITY LIMITS
AND TO APPROVE A LESSOR DEDICATION OF RIGHT
OF WAY FOR THE UNNAMED ARTERIAL
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 an amendment to the Master Street Plan to relocate Bridgewater
Lane and an unnamed arterial street and accept a lessor dedication of right-of-
way for said arterial to 70 -feet with an additional 20 -feet that will be restricted by
deed to prohibit construction of any structures.
PASSED and APPROVED this the 15th day of April, 2003.
ATTEST:
By h)rAtelw athoxii6.
Sondra Smith, City Clerk
5.•/(e
APPROVED:
By
DAN COODY, May
NAME OF FILE:
CROSS REFERENCE:
m #
Date
Resolution No. 52-03
Document
1
04/15/03
Res. 52-03w/Ex. A
2
03/28/03
Staff Review Form w/attachments
memo to mayor and City Council
draft
ordinance
copy of Planning Commision minutes re: ADM03-11.00
memo to Planning Commision
copy of Close up view PPL03-7.00
draft ordinance
3
04/17/03
memo to Warrick
NOTES:
•
FAYETTEISPLIJE
• THE CITY OF FAYETTEVILLE. ARKANSAS
DEPARTMENTAL CORRESPONDENCE
•
To: Dawn Warrick
Planning Division
From: Clarice Buffalohead-Pearrnan
City Clerk Division
Date: April 17, 2003
Re: Res. No. 52-03
Attached is an executed copy of the above resolution approved by the City Council on April 151
2003, amending the Master Street Plan in relation to Bridgewater Lane and unnamed arterial east
of the city limits; and approving a lesser dedication of right-of-way.
If anything else is needed please let the clerk's office know.
•
/cbp
attachment
cc. Nancy Smith, Internal Auditor
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering
'PFAFF AGENDA REQUEST ALM
FOR: COUNCIL MEETING OF April 15, 2003
6.5
4/1 I 07003
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FROM: Dawn Warrick, AICP, Zoning & Development Administrator
THROUGH: Tim Conklin, AICP, Director of Community Planning &
Engineering Services
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
ADM 03-11.00: Administrative Item Master Street Plan Bridgewater Lane and Unnamed Minor
Arterial. The request is to amend the Master Street Plan to relocate Bridgewater Lane and an unnamed
minor arterial street, as well as accept a lesser dedication for the unnamed minor arterial.
APPROVED FOR AGENDA:
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Zoning & Development Administrator Date
Director of Community
Planning & Engineering Services
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Date
City Attrney Date
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Chief A'flmin. Officer Date
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Date
•
FAYETTEVILLE
THE CITY OF FAYETIEVILLE, ARKANSAS
PLANNING
TO:
FROM:
THRU:
DATE:
City Co, meeting of April 15,2003
DIVISION CORRESPONDENCE
Mayor Dan Coody
Fayetteville City Council
Sara Edwards, Associate Planner
Dawn Warrick, Zoning and Development Administrator
March 28, 2003
111 W. Mountain St,
Fayetteville, AR 72701
Telephone: (479) 575-8264
ADM 03-11.00: Administrative Item (Master Street Plan Bridgewater Lane and Unnamed Minor
Arterial). Thc request is to amend the Master Street Plan to relocate Bridgewater Lane and an unnamed minor
arterial street, as well as accept a lesser dedication for the unnamed minor arterial.
BACKGROUND:
Bridgewater Lane: The relocation of Bridgewater Lane will not significantly affect how the collector street will
function. The original location connected the unnamed proposed minor arterial street with Gulley Road. This new
alignment will still provide that connection.
Unnamed Minor Arterial: The original location of the proposed minor arterial was through an existing pond
located within the proposed subdivision. The new alignment will allow the pond to remain as well as provide for
a conncction. The proposal is to reduce the classification from a minor arterial (90 feet of right-of-way) to a
collector street (70 feet of right of way). Staff is in support of the reduction of right-of-way to 70 feet from the
required 90 feet with a deed restriction which prohibits building within the 90 foot right-of-way.
CURRENT STATUS:
This will be the first time this change has been considered by the City Council. The Planning Commission voted
to recommend approval by a vote of 9-0-0.
This proposal is in conjunction with the Bridgewater Estates preliminary plat. The proposal is to relocate
Bridgewater lane, a proposed collector street from the southem edge of the proposed Bridgewater Estates to the
intcrior of the proposed subdivision. The second request is to relocate an unnamcd proposed minor arterial from
the western boundary of the proposed subdivision to thc interior of the proposed subdivision as a collector. These
changes are considered amendments to the Master Street Plan and must be heard by the Planning Commission
with a recommendation made to the City Council.
RECOMMENDATION:
Approval of the Master Street Plan relocations.
Accepting a lesser dedication subject to the conditions listed below.
CONDITION OF APPROVAL
1. A deed restricted area must be established which prohibits construction within the right-of-way needed
for a minor arterial street.
K.AREPOR7.S120031CC REPOR7514PRIL MEETINGS140.1103-11.00 ME.410.1)0C
ORDINANCE NO.
AN ORDINANCE APPROVING ADM•03-1-1.00 TO AMEND
THE MASTER STREET PLAN OF THE cry OF FAYETTEVILLE:
TO INCLUDE TI IE RELOCATION OF BRIDGEWATER LANE AND THE
RELOCATION AND LESSER DEDICATION OF RIGHT OF WAY OF AN
UNNAMED MINOR ARTERIAL STREET.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS*
Section 1. That the Master Street Plan is hereby amended to relocate Bridgewater
Lane as proposed in the Preliminary Plat of Bridgewater Estates.
Section 2. That the Master Street Plan is hereby amended to relocate the unnamed
minor arterial street as proposed in the Preliminary Plat of Bridgewater
Estates.
Section 3.
That the City Council hereby approves a lesser dedication of right-of-way
for the unnamed minor arterial street to include 70 feet with a deed
restriction for the additional 20 feet of required right-of-way.
PASSED AND APPROVED this
ATTEST:
By
Sondra Smith , City Clerk
day of ,2003.
APPROVED:
Planning Commissill
March 24, 2003
•
ADM 03-11.00: Administrative Item (Master Street Plan Bridgewater Lane and
Unnamed Minor Arterial) The request is to amend the Master Street Plan to relocate
Bridgewater Lane and relocate and reclassify an unnamed minor arterial to a collector.
Aviles: Eighth on our agenda this evening is ADM 03-11.00, which is a Master
Street Plan for Bridgewater Lane and an unnamed minor arterial. The
request is to amend the Master Street Plan to relocate Bridgewater Lane
and to relocate and reclassify an unnamed minor arterial to a collector.
There is one condition of approval. Do we have signed conditions?
Edwards: This item does not require signed conditions from the applicant.
Aviles: Sara, do you want to give us the staffreport?
Edwards. This is in conjunction with our next item on the agenda, which is the
Preliminary Plat for Bridgewater Estates. The proposal is to relocate
Bridgewater Lane, which is a proposed collector street from the southem
edge of the proposed subdivision to the interior of that subdivision. The
second request is to relocate an unnamed minor arterial from the western
boundary of the subdivision to the interior of the subdivision. These
changes are considered amendments to the Master Street Plan and must be
heard at Planning Commission with a recommendation made to the City
Council. We are recommending approval of the Master Street Plan
relocation and recommending accepting a lesser dedication subject to the
deed restricted area. Our reasoning behind that is the relocation of
Bridgewater Lane will not significantly affect how that collector street will
function. h will still connect the unnamed minor arterial with Gulley
Road. The second request also is moving the proposed street off an
existing pond so it will allow for that pond to remain and it would still
provide the same connection as it was originally planned to do. Fhat deed
restricted area will provide the city in the future if this area is annexed a
way to construct that minor arterial if needed.
Aviles: Thank you. Is the applicant present?
Jorgensen: My name is Dave Jorgensen and I am here on behalf of Gaddy
Developments and also we have John Rownak in the audience to assist in
this matter. We are here to answer questions.
Aviles: Thank you very much. Is there any member of the public that would like
to address us on this administrative item? Seeing no one, I will close it to
the public and bring it back to the applicant for further discussion or
motions.
Planning Commissi.
March 24, 2003
MOTION:
•
Estes: I would move for approval of ADM 03-11.00 with incorporating the one
condition of approval.
Aviles:
I will read that condition into the record. It says the deed restricted area
must be established which prohibits construction within the right of way
needed for a minor arterial street. 1 have a motion by Commissioner
Estes.
Allen: I will second.
Ostner: I am trusting our staff on this. I just want to understand a little more
clearly of where the new street is going.
Conklin: Bridgewater Lane is being incorporated into the development. With
regard to the unnamed minor arterial, that is also being incorporated into
the development with this deed restriction. Keep in mind a minor arterial
street is designed to take you from one side of town to the other side of
town and with high volumes of traffic. We are dealing with a fairly small
subdivision that is not generating the amount of traffic that in our opinion
would justify requiring the right of way at this time or construction so that
is the recommendation that we are making. BWR is our Traffic
Consultant. They will be looking at our Master Street Plan this spring and
early summer. This is something that I will also ask them to take a look at
when they evaluate our Master Street Plan and what streets are needed in
Fayetteville. One of the issues that we recently dealt with was the issue of
the eastern bypass and the abilities to build some of these streets in these
areas and there are some concems that staff has south of Hwy. 45 with the
ability for this minor arterial to be connected further to the south.
Aviles: Thanks Tim. Are there any other questions? Renee, would you call the
roll please?
Roll Call: Upon the completion of roll call the motion to approve ADM 03-11.00
was approved by a vote of 9-0-0.
Planning Commissill
March 24, 2003
•
PPL 03-7.00: Preliminary Plat (Bridgewater Estates, pp 219) was submitted by Dave
Jorgensen of Jorgensen & Associates on behalf of Bridgewater Estates, LLC for property
located north of Bridgewater Lane and west of Gulley Road. The property is in the
Planning Area and contains approximately 74.22 acres with 31 lots proposed.
Aviles: Our companion item is PPL 03-7.00 for Bridgewater Estates. It was
submitted by Dave Jorgensen of Jorgensen & Associates on behalf of
Bridgewater Estates, LLC for property located north of Bridgewater Lane
and west of Gulley Road. The property is in the Planning Area and
contains approximately 74.22 acres with 31 lots proposed. There are
seven conditions of approval, five through seven are standard conditions.
Sam, do we have signed conditions?
Edwards:
Aviles:
Jorgensen:
Aviles:
Culgrovc:
Yes we do.
I will go ahead and read those into the record. 1) Approval of the
associated Master Street Plan amendments. The applicant is requesting to
relocate Bridgewater Lane, a proposed collector, and Butterfield Road, a
proposed minor arterial from the edges of the development to be
incorporated into the subdivision and to change the Minor Arterial to a
Collector Street. 2) The plat shall be revised to reflect a building setback
of 35 feet for lots 8 thru 12, 15, 16 and 18 thru 20 along Horse Meadow
Drive and the 70 foot right-of-way dedication extending to the north. 3)
Gates shall be prohibited on the public streets within this development. 4)
County approval is required prior to construction. 5) Plat Review and
Subdivision comments (to include written staff comments provided to the
applicant or his representative, and all comments from utility
representatives 6) 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. 7) Preliminary Plat approval shall be
valid for one calendar year. Is the applicant present?
Yes, my name is Dave Jorgensen and also, as I mentioned, we have John
Rownak from Gaddy Investments to help answer questions.
Thank you very much. Is there any member of the public that would like
to address us on this Preliminary Plat?
I am Sam Culgrove, I live at 3615, which is right along side what used to
be Frank Kelly's land. Frank always said that the land wouldn't perk, it
would take 20 years for sewer to come in. I have talked to John, he had
come over to the house and said that they were going to eliminate lot 24,
which was right across from our pond and then there was some other talk
Planning Commissioli
March 24, 2003
that they might take out another lot. What our big concem is that we have
a spring fed pond there and our other neighbor the water runs over to his
pond and what happens if all these septic tanks just run into our pond? Is
that EPA or does the City of Fayetteville help us? What happens?
Aviles: I am going to refer most of this to our Engineer. I know that the Health
Department approval is required. Matt, can you answer this gentleman's
questions?
Casey:
Health Department approval will be required on each individual lot for the
septic tank and design of their leach ficld. The City of Fayetteville does
not regulate that so the construction of that will have to meet their
approval.
Aviles: The State Health Department involves some testing before approving it
would have to perk and so on?
Casey:
Yes Ma'am, that is part of the design process. They don't necessarily perk
anymore. They will have a soil morphologist come out on site and look at
a couple of different test pits dug on each lot and they will determine how
many feet of lines are needed for each individual lot based on their
analysis of the soil.
Aviles: Once the State Health Department approves the construction of the septic
tank are you aware of complaints from adjoining property owners about
leakage?
Casey: That does not come to our division.
Aviles: Ok, so he could call the Health Department and probably find out about
that.
Casey: That is correct.
Aviles: Did you have any other questions?
Culgrove: That will work.
Aviles: Is there any other member of the public that would like to talk about this?
I will go ahead and close public discussion on this Preliminary Plat and I
will bring it back to the applicant and to the Commission.
Jorgensen: To help answer that question conceming septic tank design, as a matter of
fact, we are in the process of analysis of each and every lot. That is
correct, we are going to eliminate lot 24 so we will be down to 30 lots
instead of 31 lots. We want to take that area right there and redistribute
the area and make them larger lots but all of the rest ofthe lots are in
Planning Commissill
March 24, 2003
•
pretty good shape. We are going to redistribute some lots down in the
southwest comer also. We are in the process of evaluating each and every
lot and that is correct, we have to get this approved through the Health
Department.
Aviles: Thank you very much.
Estes: Sam, what do you use your pond for? Do you irrigate with it?
Culgrove: Yes and I have fish in it and cows enjoy it.
Culgrove, Sally:
We just had a new cow today. I am Sam's wife. We did have some
concems because we have agriculture. This is an agricultural area We
don't have city sewer, we don't have cable, we can't get city garbage but
we can get a subdivision next to us. We were kind of unhappy about that.
I understand that it is their land and they can do what they want with it but
it is our land too. We have cattle, our neighbors have cattle and so we
were a little bit concerned. We did wait here since 5:30 to say something.
I understand nobody wants it in their back yard but I guess that is just hard
on us. I know that they are eliminating a couple of lots so that makes us
feel better. I personally wish they would've put a 5 acre lot out instead of
a two acre lot. Yes we do have agriculture and yes our cows do drink of
out of our pond. Our water to the pond comes right off their land which is
spring fed underneath the water. We see it coming in because the land
goes down and there are three ponds we are talking about and the land
goes to one of the three, all of it. There are also two spring fed creeks
going through there. We have geese wintering every year too and I am
guess this will be their last year too. There are a lot of issues that we have.
Thank you.
Ostner: I feel your pain about development. You bought that place and you were
out in agricultural land. This is in the county and there is no legislative
process to talk about whether they should be zoned into a residential zone
or not, they are in the county and as you said, they can do what they want.
Culgrove, Sally:
The County told me they would vote on what you guys did. Somehow
they are going to have to tie together because we have been chasing that
every since we heard about this. You can't call the city because you are
not in the city. We found out we couldn't even get fire protection without
paying an extra $500 a year even though we pay almost $3,000 a year in
taxes on our place and I know a lot of it comes right into Fayetteville so
we can't talk to you guys because we are in the county but then the
County says that they are just going to go along with what you guys do
Planning Commissi.
March 24, 2003
Aviles:
and so it ties us up and we will have a subdivision with nobody to talk to
really. At least the other neighborhood had somebody they could voice
their opinions to but here you are just doing the streets from what they told
us and they do the rest of it but they are going to go along with what you
do so it kind of leaves us where we are in the middle kind of with nobody
to protect us.
There are a lot of times that people come to us with these concerns. I am
going to ask our City Attorney to explain a little bit further about what we
have to do with regard to approving developments. We go through
opposition on Large Scale Developments inside the city and we are
charged with trying to appease the neighbors and appease the developers
and end up with conflicting interests. We are charged with whatever rules
and regulations we have in front of us, which in this case does happen to
be the streets and things that they put down in the conditions of approval
and if they have met all of those.
Culgrove, Sally:
Aviles:
My one year old son developed asthma because Mr. Gaddy shot a cow
next to us, 300' from our house and bumed it for six weeks and burned
green wood for another four months. His workers would come out and
light it daily and leave it. That happened and you know what, we couldn't
call anybody. Nobody wanted to help us. We called the sheriff but
nobody wanted to take responsibility. My son developed asthma because
of that. It is really a tough thing that we have gone through and maybe
that is why we feel the way we do. My mom and dad were farmers and
we had dead animals and we had somebody come and get them, he never
burned them on the farm and we had 140 acres and never within 300' of
someone's home.
Ma'am, I'm sorry. I am going to have to go ahead and just say that we
need to focus our attention on the subdivision and not on the other lands
on the land. What I had started to do was to ask Mr. Williams to tell us in
a county subdivision what it is that we are supposed to look at.
Williams: Basically, just as the staff has outlined it. We really don't have a
tremendous amount of power, especially in the county. As you said, the
County usually just goes along with whatever Fayetteville Planning
Commission agrees to within our planning area but they don't have to.
That is a decision that the quorum court has made and that is a political
body that can be influenced by citizen's who want to see something
different. This body is restricted to our ordinances and to what the County
allows us to do and that is what they are doing now is looking at the road
situation and that is all that this Planning Commission can do.
Aviles: Thank you for your comments and 1 am closing public discussion now.
Planning Commissig.
March 24, 2003
MOTION:
Ward:
Aviles:
Bunch:
Aviles:
•
We will go ahead and hear back if there is anything else the applicant has
to add or any other comments from Commissioners. Is there a motion or
further discussion?
I will go ahead and make a motion that we approve PPL 03-7.00 for
Bridgewater Estates with 30 lots proposed instead of 31 and with all
conditions of approval.
1 have a motion for approval by Commissioner Ward, is there a second?
I will second.
There is a second by Commissioner Bunch. Renee, would you call the roll
please9
Roll Call: Upon the completion of roll call the motion to approve PPL 03-7.00 was
approved by a vote of 9-0-0.
Aviles:
The motion carries unanimously.
FAYETTEVILLE
TIIE CITY OF FAYETTEVILLE, ARKANSAS
113W. Mountain St.
Fayetteville, AR 72701
ADM 03-1100
Page!
PC Meeting of March 24, 2003
ADM 03-11.00 Master Street Plan
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner, A.I.C.P.
FROM: Sara Edwards, Associate Planner
Matt Casey P.E. Staff Engineer
DATE: Mardi 20, 2003
Project: ADM 03-11.00: Administrative Item (Master Street Plan Bridgewater Lane and
Unnamed Minor Arterial). The request is to amend the Master Street Plan to relocate
Bridgewater Lane and relocate and reclassify an unnamed minor arterial to a collector.
Findings: This proposal is in conjunction with the Bridgewater Estates preliminary plat. The
proposal is to relocate Bridgewater Lane, a proposed collector street from the southern edge of
the proposed Bridgewater Estates to the interior of the proposed subdivision. The second request
15 10 relocate an unnamed proposed minor arterial from the western boundary of the proposed
subdivision to the interior of the proposed subdivision as a collector. These changes are
considered amendments to the Master Street Plan and must be heard at Planning Commission
with a recommendation made to City Council.
Recommendation: Recommend approval of the master street plan relocations.
Recommend accepting a lesser dedication subject to the conditions listed
below.
Conditions of Approval:
1. A deed restricted area must be established which prohibits construction within the right-
of-way needed for a minor arterial street.
Background:
Bridgewater Lane: The relocation of Bridgewater Lane will not significantly affect how the
collector street will function. The original location connected the unnamed proposed minor
arterial street with Gulley Road. This new alignment will still provide that connection.
Unnamed Minor Arterial: The original location of the proposed minor arterial was through an
existing pond located within the proposed subdivision. The new alignment will allow the pond
to remain as well provide for a connection. The proposal is to reduce the classification from a
minor arterial (90 feet of right-of-way) to a collector street (70 feet of nght of way) Staffis in
support of the reduction of right-of-way to 70 feet from the required 90 feet with a deed
restriction which prohibits building within the 90 foot right-of-way.
K.LREPOR73120031PC REPOR75103-24lADM 03-11.00 _AISP BRIDGEINTER.DOC
• ADM 03-1100
Page
PLANNING COMMISSION ACTION: ves Required
Approved Denied
Date:
Comments:
CITY COUNCIL ACTION:
Date:
Comments:
yes Required
Approved Denied
IC:IREPOR7S120031PCREPOR71103-2414DM 03-11.00 _MSP BRIDGEWITER DOC
•
PPL03-7.00
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•
•
•
•
ORDINANCE NO.
AN ORDINANCE APPROVING ADM 03-11.00 TO AMEND THE
MASTER STREET PLAN OF THE CITY OF FAYETTEVILLE TO
INCLUDE THE RELOCATION OF BRIDGEWATER LANE AND
THE RELOCATION AND LESSER DEDICATION OF RIGHT OF
WAY OF AN UNNAMED MINOR ARTERIAL STREET
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the Master Street Plan is hereby amended to relocate Bridgewater
Lane as proposed in the Preliminary Plat of Bridgewater Estates.
Section 2. That the Master Street Plan is hereby amended to relocate the unnamed
minor arterial street as proposed in the Preliminary Plat of Bridgewater Estates.
Section 3. That the City Council hereby approves a lesser dedication of right-of-way
for the unnamed minor arterial street to include 70 feet with a deed restriction for the additional
20 feet of required right-of-way.
PASSED and APPROVED this the 15111 day of April, 2003.
ATTEST:
By
Sondra Smith, City Clerk
By:
APPROVED: DR An
Dan Coody, Mayor