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Home My WebLink About89-03 RESOLUTION• • RESOLUTION NO. 89-03 A RESOLUTION REDUCING THE RIGHT-OF-WAY DEDICATION FROM HUNTSVILLE ROAD CENTERLINE TO ACCOMMODATE THE EXISTING STRUCTURE LOCATED AT 2008 E. HUNTSVILLE ROAD WHEREAS, an existing structure encroaches upon the required right of way for Huntsville Road; and WHEREAS, the additional right of way for this portion of Huntsville Road is not currently 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 above-mentioned change. PASSED and APPROVED this the 17th day of June, 2003. ATTEST: By: By: APPRO DAN COODY, Mayor Sondra Smith, City Clerk NAME OF FILE: CROSS REFERENCE: Item # Date • Resolution No. 89-03 Document • 1 06/17/03 Res. 89-03 2 06/03/03 staff review form draft resolution memo to mayor/city council memo to planning commission copy of Close-up View copy of One Mile View 3 06/20/03 memo to Dawn Warrick NOTES: FAYETTEALLE THE CITY Or rAYETTIVIIIL ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Dawn Warrick Planning Division From: Clarice Buffalohead-Pearman City Clerk's Division Date: June 20, 2003 Re: Resolution 89-03 Attached hereto is a copy of the above resolution passed by the City Council, June 17, 2003, regarding ADM 03-12.00, a lesser right-of-way dedication on Hunstville Road. The original resolution will be microfilmed and filed in the city clerk's office. If anything else is needed please let the city clerk's office know. /cbp Attachment(s) cc: John Goddard, IT Scott Caldwell, IT Clyde Randall, IT Ed Connell, Engineering STAFF 'VIEW FORM - NON-FINANCIAL (ILATION x AGENDA REQUEST For the Fayetteville City Council Meeting of: June 17, 2003 67/7/w°3 34-63 FROM: Dawn Warrick Name Planning CP&E Division Department ACTION REQUIRED: Resolution approval. SUMMARY EXPLANATION: ADM 03-12.00 was submitted by Kurt Kulish for property located at 2008 E. I Iuntsville Road The property is zoned R-1, Low Density Residential and contains approximately 0.54 acres. The request is fir a lesser dedication of right of way around an existing structure for Huntsville Road, a principal arterial, pursuant to the Master Street Plan. STAFF RECOMMENDATION: Approval vision Mead jj City Attom y DaYc e Received in Mayor's Office �� S 3 Cross Reference: Date Previous Ord/Res#: Department Director Finance & Internal Services Dir. .IV .Leall Chief A ims rativc Officer x'30-"3 Date Date 3 Mayor ate 3/3 t1/43 Date f •rte Orig. Contract Date: Orig. Contract Number. New Item: Yes No • • RESOLUTION NO. A RESOLUTION REDUCING THE RIGHT OF WAY DEDICATION FROM HUNTSVILLE ROAD CENTERLINE TO ACCOMMODATE THE EXISTING STRUCTURE LOCATED AT 2008 E. HUNTSVILLE ROAD. WHEREAS, an existing structure encroaches upon the required right of way for Huntsville Road; and WHEREAS, the additional right of way for this portion of Huntsville Road is not currently necessary for road expansion. C BE IT RESOLVED BY THE CITY COUNCIL\OF THE CITY OF FAYETTEVILLE, ARKANSAS: K. ./. ` \ Section 1. That the City Council of the City of Fayetteville, Arkansas, hereby approves the herein above mentioned change.; \ ^ \ PASSED and APPROVED this day of June, 2003 ATTEST: I3y: APPROVED: `\ By: `\• / DAN COODY, MAYOR SONDRA SMITH ;CITY.CL� K 1 • FAYETTEVILLE • THE CITY OF FAYETTEVILLE, ARKANSAS CC Meeting of ,lune 17, 2003 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 PLANNING DIVISION CORRESPONDENCE TO: Mayor Dan Coody • Fayetteville City Council FROM: Jeremy Pate, Associate Planner TI -IRU: Tim Conklin, AICP, Community, Planning & Engineering Services Director DATE: May 29, 2003 ADM 03-12.00: (Kulish, pp 565) was submitted by Kurt Kulish for property located at 2008 E. Huntsville Road The property is zoned R-1, Low Density Residential and contains approximately 0.54 acres. The request is for a lesser dedication of right of way around an existing structure for Huntsville Road, a principal arterial, pursuant to the Master Street Plan. BACKGROUND Dedication of a 55' right of way from center line for I Iuntsville Road is required for the principal arterial pursuant to the Master Street Plan The applicant proposes to dedicate the required right of way except where the existing single family home encroaches upon that area. LSP 03-38.00 was approved by the Planning Commission subject to a lesser dedication of right of way approval by the City Council. CURRENT STATUS On May 27, 2003, the Planning Commission voted 8-0-0 to approve LSP03-38.00 subject to a lesser dedication of right of way being approved by the City Council. RECOMMENDATION Staff recommends approval of this lesser dedication of right of way. K:\Reports\2003\CC REPORTS\June Meetings\06-I7\I,SP 03-38.00.Kulish.doc • FAYETTEVILLE TIIE CITY OF FAYETTEVILLE, ARKANSAS • LSPO3-38 Page / PC Meeting of May 27, 2003 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Jeremy Pate, Associate Planner Matt Casey, Staff Engineer :n.THRU: Dawn Warrick, A.1.C.P., Zoning & Development Administrator DATE: May 27, 2003 113 W. Mountain St. Fayetteville, AR 72701 Telephone: 501-575-8264 Project: LSP 03-38.00: Lot Split (Kulish, pp565) was submitted by Kurt Kulish for property located at 2008 E Huntsville Road at the corner of E Huntsville and Dockery Lane. The property is zoned R-1, Low Density Residential and contains approximately 0.54 acres. The request is to split the property into two tracts containing 0.27 acres and 0.27 acres. Findings: Proposal: To split the property into two tracts containing 0 27 acres and 0.27 acres. Existing Development: Two single family homes Surrounding Zoning: North: R -I & R-2 South: R -I East: R-1 West: R-1 Surrounding Land Use: Single Family Residential Water: Water exists along Dockery Lane and Highway 16 (Huntsville Rd.). Sewer: Existing along Dockery Lane. Existing structures must be connected to sewer prior to filing of lot split. Right-of-way being dedicated: Highway 16 (Huntsville Rd.) is classified as a principal arterial on the City of Fayetteville's Master Street Plan and requires 55' R.O.W. from centerline. Dockery Lane is classified as a local street and requires 25' R.O.W. from centerline. A request has been made by the applicant for a lesser dedication of R.O.W. where an existing structure encroaches upon the Huntsville Road R.O.W. Adjacent Master Street Plan Streets: Highway 16 (Huntsville Rd.) is a principal arterial which requires a 110' R.O.W. K: IReporti120031PCREPORTS0S-1711SP 03-18 00 (KUL/SIQ dor • . LSP03-38 Page 2 RECOMMENDED MOTION: Staff recommends approval to the lot split subject to the following conditions: Conditions of Approval: 1. An existing structure currently encroaches upon the ROW dedication along Huntsville Road. A lesser ROW dedication will require Planning Commission consideration and City Council approval. Lot split is contingent upon City Council granting approval of a lesser ROW dedication. Standard Conditions of Approval: 2. 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) 3. 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. 4. Payment of parks fees in the amount of $555 for a new single family lot is required. Fees shall be paid prior to filing of the Lot Split. 5. If existing structures are currently not connected to adjacent sewer lines, they shall be connected to sewer prior to filing of the Lot Split. Background: The project was reviewed at the April 30, 2003 Technical Plat Review and the May 15, 2003 Subdivision Committee Meeting. The Subdivision Committee forwarded the Large Scale Development to the full Planning Commission subject to all staff comments. K IReporrx120031PCREPOR1S05-271LSP 03-38.00 /KUIJS/I).doe Planning Commissio• • May 27, 2003 - Page 8 LSP 03-38.00: Lot Split (Kulish, pp565) was submitted by Kurt Kulish for property located at 2008 E. Huntsville Road at the comer of E. Huntsville and Dockery Lane. The property is zoned R-1, Low Density Residential and contains approximately 0.54 acres. The request is to split the property into two tracts containing 0.27 acres and 0.27 acres. Hoover: Item number two is LSP 03-38.00 for property located at 2008 E Huntsville Road at the corner of East Huntsville Road at the corner of East -- Huntsville and Dockery Lane. Jeremy, are you presenting? Pate: Amm 1 am. Thank you Madam Chair. This project was submitted by Kurt Kulish to split the property into two tracts from its original 0.54 acres. The two tracts would be in equal amounts of 0.27 acres. The existing development has two single-family homes. Surrounding land use is single-family residential and it is zoned R-1 and R-2. The existing water is along Dockery Lane and Hwy. 16 and sewer is along Dockery Lane. If they are not existing, structures must be connected to that sewer prior to the filing of the lot split. The right of way being dedicated along Hwy. 16 as a principal arterial and according to the City of Fayetteville's Master Street Plan, that will be a 55' right of way from centerline. Dockery Lane is classified as a local street and requires 25' of right of way from centerline. A request has been made by the applicant for a lesser dedication of right of way where an existing structure encroaches upon the Huntsville Road right of way. Staff is recommending at this time approval to a lot split subject to the following conditions. An existing structure currently encroaches upon the ROW dedication along Huntsville Road. A lesser ROW dedication will require Planning Commission consideration and City Council approval. Lot split is contingent upon City Council granting approval of a lesser ROW dedication. Conditions two through five are standard conditions of approval and we do have signed conditions. Hoover: Thank you Jeremy. Would the applicant come forward? Kulish: My name is Kurt Kulish and basically I don't really have much to add. I am just seeking to split off the back half of the lot. There are two single- family residences on what will be the remaining lot but they are both existing and 1 am not seeking to change their use, just to preserve them as they are. Are there any questions? Hoover. Thank you. At this time I will open it to the public. Is there any member of the audience that would like to address LSP 03-38.00 on East Huntsville Road? Seeing none, I will bring it back to the Commission. MOTION: Estes: I would move for approval of LSP 03-38.00 subject to City Council granting approval of a lesser right of way dedication. Planning Commission May 27, 2003 Page 9 .... • Hoover: I have a motion by Commissioner Estes, is there a second? Ostner: I will second. Hoover: A second by Commissioner Ostner. Is there anymore discussion? - -Bunch: I have a question for the applicant just for the record, are the two existing houses currently connected to sewer or are they on septic system? Kulish: They are connected to sewer. Bunch: They are connected? Kulish: Yes. Bunch: Ok, thank you. Hoover: Is there anymore discussion? Ostner: This is self explanatory but so far our paperwork has a typo, it is talking about a lesser right of way along Dockery. Warrick. You should have new information in front of you this evening that was revised. Ostner: Ok, I see it. Warrick: The issue is the right of way along Huntsville. Hoover: Is there any other discussion? Shall we call the roll Renee? Roll Call: Upon the completion of roll call the motion to approve LSP 03-38.00 was approved by a vote of 8-0-0. Thomas: The motion carries eight to zero. • LSP03-38.00 Close Up View • KULISH 0 0 Rt I 6.1 0 R-1 R 1 i 111— )�1 L SUBJECT PROPERTY [Jo F] _ n R.2) 0 R. wwww4upwwweaWaxiliaeallmal•tetsv.rtreelinrilw R-1 41 Overview r- tr.39 UCr L -- IT Legend Subject Property ® LSP03-3e 00 Streets `%'jiJii‘\ Planned 0 75 150 Boundary rs,. Planning Area y000- nnn5 Overlay District L I City Limits I Outside City 300 Master Street Plan �j Freeway/Expressway rty,a Principal Meryl eNse Mine Meryl el ♦ _ Copaclor eeeaa Historic Celector 450 600 Feet LSP03-38.00 One Mile View KULISH Overview Y� I Legend Subject Property LSPO3-38,00 Streets .4115J,N..•a 0 0.1 0.2 Boundary "\_ Planning Area O0006 0`8 overlay District 00 G L_ _t City Londa L... Outside City 0.4 0.6 Master Street Plan /Thcie rr w•/tEm•asw•r •Nbe. cmdya Mortal ^o Mna arena *a% . Cao •••• I•Malc CWner 0. Iles