HomeMy WebLinkAbout149-04 RESOLUTIONRESOLUTION NO. 149-04
A RESOLUTION REDUCING THE RIGHT OF WAY
DEDICATION REQUIRED FROM COLLEGE AVENUE
CENTERLINE FROM 55' TO 45' ACCOMODATING THE
EXISTING RETAINING WALL AND TERRAIN FOR
PROPERTY LOCATED AT 867 N. COLLEGE AVENUE
ASSOCIATED WITH R-PZD 04-1159
WHEREAS, the City of Fayetteville and the State Highway Department have
completed the expansion of College Avenue in this location; and
WHEREAS, the additional right of way for this portion of College Avenue 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 21st day of September, 2004.
ATTEST:
By
By:
APPR rN ED:
D 4 COODY, • YOR
AlAt.tfiJ >G".'01 Y O :
NAME OF FILE:
CROSS REFERENCE:
Resolution No. 149-04
Document
•
NOTES:
1
09/02/04
memo to mayor & City Council
2
draft resolution
3
letter from Project Design Consultants, Inc.
4
copy of plat
5
memo to Planning Commission
6
copy of Close Up View
7
copy of One Mile View
8
copy of Future Land Use
g
Staff Review Form
10
memo to Dawn Warrick
11
12
13
14
15
16
NOTES:
• City Council Meetingg/September 21, 2004
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru:
Tim Conklin, Community Planning and Engineering Services Director
From: Dawn T. Warrick, AICP, Zoning and Development Administrator A
Date: September 02, 2004
Subject: Lesser Dedication of Right-of-way for Beacon Flats (R-PZD 04-1159)
RECOMMENDATION
Planning Staff recommends approval of a resolution allowing a lesser dedication of right-
of-way along College Avenue for the proposed Beacon Flats Residential Planned Zoning
District (R-PZD 04-1159), an accompanying item.
BACKGROUND
Properly description: The subject property is located west of N. College Ave., south of
Clebum St., east of Pollard Avenue (see attached maps). College Avenue (Hwy 71 B) is
currently designated a Principal Arterial on the Master Street Plan throughout the City of
Fayetteville, requiring a minimum of 55 feet from centerline right-of-way for new
development. A large retaining wall constructed by the State Highway Department as
part of improvements to the street in this location currently delineates the western edge of
College Avenue in this location, which is the eastern boundary of the subject property.
Proposal: The applicant proposes to develop a mixed-use residential/office project, a part
of which fronts onto College Avenue. No vehicular connection is proposed from College
Avenue, due to the extreme change in elevation. Instead, the applicant proposes to close
two of the potentially dangerous stairways and construct a new, safer entrance onto an
expanded sidewalk along College Avenue further north. The development will face onto
Pollard Avenue and Clebum Street, which are at grade with the proposed buildings,
allowing for vehicular and pedestrian access.
Request: The request is to require a lesser dedication of right-of-way along College
Avenue along the frontage of the proposed Planned Zoning District. The requirement is
for 55 feet from centerline; the request is to dedicate 45 feet from centerline (see attached
plan exhibit), a 10 -foot difference, in order to develop the property in question with the
submitted development plans.
1
•
RESOLUTION NO.
A RESOLUTION REDUCING THE RIGHT OF WAY DEDICATION REQUIRED
FROM COLLEGE AVENUE CENTERLINE FROM 55' TO 45' ACCOMODATING
THE EXISTING RETAINING WALL AND TERRAIN FOR PROPERTY LOCATED
AT 867 N. COLLEGE AVENUE ASSOCIATED WITH R-PZD 04-1159.
WHEREAS, the City of Fayetteville and the State Highway Department have completed
the expansion of College Avenue in this location; and
WHEREAS, the additional right of way for this portion of College Avenue 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 day of September, 2004.
ATTEST:
By:
By:
APPROVED:
DAN COODY, MAYOR
SONDRA SMITH, CITY CLERK
DISCUSSION
City Council Meetingeptember 21, 2004
Agenda Item Number
The Planning Commission voted 8-0-0 in favor of the associated Residential Planned
Zoning District for Beacon Flats which included consideration of this Master Street Plan
deviation as a condition of that approval on Monday, August 23, 2004.
Discussion regarding the lesser dedication of right-of-way was primarily centered on the
potential future improvements to College Avenue, and the impact of the lesser dedication
at this time. Staff finds that significant grading and drainage, the existence of a significant
grade change, among other factors, would potentially cause any expansion of College
Avenue in this location to be eastward.
BUDGET IMPACT
None.
2
PROJECT DEIGN CONSULTANTS,
August 4, 2004
City of Fayetteville
Planning & Zoning Dept.
Attn• Mr. Jeremy Pate, Planner
125 W. Mountain
Fayetteville, AR 72701
Dear Mr. Pate:
Per your comments from the Technical Plat Review, R-PZD #04-1159 Beacon Flats, we would
like to request a lesser dedication of Right -Of -Way along College Avenue. We are requesting a
variance of the Master Plan's Street Right -Of -Way. The requested variance amount is 20 feet.
The existing arterial Right -Of -Way is 90 feet; the Master Street Plan calls for 110 feet.
The current Right -Of -Way and improvements on College Avenue are per a recent MUD
Design. This site is constrained by existing structures. The existing "Gas Station" building and
AHTD retaining walls put severe limits on improvement of the site.
The "Gas Station" building is being renovated to retain the character of the site and the
surrounding city's fabric. The adjoining vacant lot is currently the home of three large trees (on
the decline, according to the Certified Arborist's report), scrubby brush and fill dirt. The proposed
apartments and office space will bring sightly improvements to College Aveue, Pollard Avenue,
and aebum Street.
Overall, this project will benefit the City by renovating abandoned buildings and rebuilding
vacant areas along College Avenue; add to the safety of Pollard Avenue by cleaning up the brush
piles and adding lighting and sidewalks; and add to the City's character by showing that the City
of Fayetteville is working to improve itself by keeping the old and adding the new.
RECEIVED
AUG 0 4 2004
CITY OF FAYETTEVILLE
PLANNING DIVISION
N. Arthur Scott, PE
President
130 N. MAIN • CAVE SPRINGS, AR • 72718
PHONE: 479-248-1161 • FAX: 479-248-1462
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AUG 0 4 2004
CITY OF FAYIEVILLE
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of August 23, 2004
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: August 18, 2004
R-PZD 04-1159: Planned Zoning District (BEACON FLATS): Submitted by MORGAN
HOOKER for property located at 867 N COLLEGE AVENUE. The property is zoned R -O,
RESIDENTIAL OFFICE and contains approximately 0.69 acres. The request is to approve a
Planned Zoning Development with office space and 9 dwelling units proposed.
Property Owner: JC & ALMA NICKELL
Submitted on behalf of: TIM COOPER Planner: JEREMY PATE
Findings:
Proposal: The request is for a Residential Planned Zoning District on 0.69 acres currently zoned
R -O, Residential Office, located at College Avenue, Pollard Avenue and Cleburn Street. The
applicant requests a rezoning and Large Scale Development approval for a mixed use re-
development consisting of three buildings. The project is the former site of Nick's Auto Lube, an
automobile service station. The applicant proposes to renovate the building at the corner of
Cleburn and College into a 2,500 SF office space. The connected building, to the west, is to be
demolished and rebuilt into two 2 -bedroom apartments and two 1 -bedroom apartments, with six
parking spaces located underneath. An entirely new building is also proposed on the site, housing
five 2 -bedroom apartments with two parking spaces underneath each. The applicant also
proposes to construct on -street parking to meet parking demands, along with ancillary patios,
landscape plantings, lighting and outdoor courtyards.
Proposed Development:
R-PZD, Residential Planne
pp proposes on-srte spaces, wrth addttronal space to park outside of each of the 5 units'
garage. Additionally, the proposal includes the construction of 12 on -street parallel parking spaces.
Land Use
Square Feet
# of Units
# of
Bedrooms
Parking
Required
Bldg 1 •
Multi -family Residential
2,941
5
10
10 spaces
Bldg 2
Multi -Family Residential
2,835.
4
6
6 spaces
Bldg 3
Office
2,718
N/A
N/A
9 spaces
Individual
Total
Multi -Family
Office
5,776
2,718
9
-
16
-
16 spaces
9 spaces
TOTAL
(x 3 Bldgs)
9 1
Mixed -Use
8,494
-
25 spaces
�7&e a lican 19
pp proposes on-srte spaces, wrth addttronal space to park outside of each of the 5 units'
garage. Additionally, the proposal includes the construction of 12 on -street parallel parking spaces.
Density: Total proposed dwelling units on the 0.69 acres numbers 9, therefore the proposed
density for the R-PZD is 13.0 DU/acre. A total of 2,718 SF of office space is proposed.
Access: The development is proposed to have one means of vehicular access onto the site, from
Pollard Avenue. All other access points are on -street or pedestrian -oriented.
Buildings near the street, on -street parking, and the placement of appropriate landscaping in the
development have been situated to create a desirable, pedestrian -oriented streetscape along the
two street fronts of Pollard and Clebum. Parallel parking and sidewalks are incorporated with the
development, and the on-site parking is located to the rear of the structures. Primary greenspace
is located along College Avenue, with the addition of numerous plantings. The dangerous steps
leading down onto College Avenue are proposed for removal, with the reconstruction of a
pedestrian access in a safer configuration Additionally, six-foot sidewalks are proposed to
connect to those along Cleburn St. Careful selection of plants for the corner of Clebum St. and
College Avenue is necessary, to enable safe sight distance lines for east -bound traffic.
Architectural elevations of the proposed structures have been submitted for Planning
Commission review. The applicant proposes materials that transition between the commercial
nature of College Avenue to the single family residential nature of the development merely one
block to the west. Materials proposed include grey and blond brick, wood lap siding and painted
concrete block, utilizing an "industriaUmodern" design scheme. All interior drives, landscaping,
common areas and buildings will be maintained by the developer.
Existing Development: The site is currently a derelict, abandoned automobile service station. A
tall retaining wall exists along the eastern boundary of the site, constructed by the Hwy
department with improvements to Hwy 71B.
Surrounding Land Use/Zoning:
Direction
Land Use
Zoning
North
Office/commercial
R -O, Residential Office
South
SF rental house
R -O, Residential Office
, East
College Ave, retail
shops
C-2, Thoroughfare Commercial
West
Single family homes
RSF-4, Res. Single Family, 4 DU/Acre
Water & Sewer: Water and sewer lines are available to the site, and will be extended as needed.
Street Improvements Proposed: Curb and gutter are proposed along Pollard and Clebum, with
the construction of parallel on -street parking spaces. Streetimprovements along College Avenue
are not recommended, with the exception of six-foot sidewalks and the removal and
reconstruction of safe pedestrian access points along the Hwy department -constructed retaining
wall.
Adjacent Master Street Plan Streets: College Avenue (Principal Arterial), minimum of 55 feet
from centerline; Clebum Street (Local), minimum of 25 feet from centerline; Pollard Avenue
(Local), minimum of 25 feet from centerline. In 1950, Ordinance #964 vacating five feet on each
side of Pollard Avenue was passed by the Fayetteville City Board of Directors (see attached), to
• '•
allow for a total 40 feet of right-of-way. The applicant requests to retain this right-of-way line, as
opposed to dedicating the additional five feet required by the Master Street Plan. Staff supports
this request, and asks the Planning Commission to confirm the original decision to vacate this
portion of right-of-way.
Tree Preservation: Existing: 17%
Preserved. 0%
Mitigation: $3,300 into the Tree fund. See attached arborist report.
Recommendation: Staff recommends approval of R-PZD 04-1159 with the following
conditions of approval:
Conditions to Address / Discuss:
1. Planning Commission determination of Commercial Design Standards. Stafffinds the
submitted elevations for the commercial portion of the development meets all aspects of
Commercial Design Standards.
Planning Commission determination of a lesser dedication of right-of-way along College
Ave (Hwy 71 B). College Avenue is currently a Principal Arterial on the Master Street
Plan, requiring 55 feet from centerline right-of-way dedication. The applicant requests
the dedication of 45 feet from centerline along College Avenue, the dedication necessary
for a Minor Arterial, due to the constrained nature of Hwy 71 in this location.Staff
supports the applicant's request for a lesser dedication of right-of-way in this location.
Planning Commission determination and confirmation of the Fayetteville Board of
Directors' Ordinance #964 vacating five feet of right-of-way along the eastern side of
Pollard Avenue. Confirmation of this action would support the applicant's request to not
dedicate additional right-of-way along Pollard Avenue pursuant to the Master Street
Plan, which requires 25 feet from centerline. A total of 40 feet of right-of-way exists. Staff
is in support of this determination.
4. Planning Commission recommendation to the City Council regarding the rezoning of the
subject property to the unique district for R-PZD 04-1159 with all conditions of approval
as determined by the Planning Commission.
5. An ordinance creating this R-PZD shall be approved by City Council.
6. All setbacks, protective easements, and designated uses are binding with the approval of
the R-PZD Submitted design standards and building elevations are likewise binding to
the project.
The applicant shall pay into the tree fund in the amount of $3,300 prior to the issuance of
a building permit.
An AHTD permit is required for any work done within the Highway Department right-of-
way.
•
9. All parking lot lights are to be shielded, directed downward and away from adjacent
properties utilizing full cut-off sodium lighting fixtures.
10. All signage shall be permitted in accordance with city ordinances. The existing pylon sign
shall be removed prior to final Certificate of Occupancy.
11. All trash enclosures shall be screened from view with materials that are compatible with
and complementary to the proposed buildings. Location of containers shall be coordinated
with the Solid Waste Division to ensure access.
12. All utilities shall be screened with materials complementary to the proposed buildings.
Standard Conditions of Approval:
13. 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)
14. 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.
15. All overhead electric lines 12kv and under shall be relocated underground All proposed
utilities shall be located underground.
PLANNING COMMISSION ACTION:
Date: August 23, 2004
yes Required
Approved Denied
The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
Title
Date
BEACON
FLATS
R-0
Mfr.
•
Ism
I �
Ji
PROSPECT ST
--r—
t----
RW-4
—
RW-4
Overview
legend
m0008 Flay Disesa
Master Street Plan
Master Street Plan G
Freeway/Expressway • •
® Principal Medal
® lAnor Arterial
' Collector
• • Hslwic CoWcaor
FLOODWAY
100 YEAR
500 YEAR
l'--' LIMT OF STUDY
- - - Baseline Prafle
R-PZD04-1159
1 Fayetteville
Outside cay
0 75 150
300 450 600
Feel
Boundary
Planning Area
cP000 0
0o 00000 Overlay DisMcl
Freeway/Expressway Street Plan
®" �TFreay/Expressway
��" �croal Arterial
y Mina•Merin'
• ' % • Collector
••• lintodc Coaetta•
•
R-PZD04-1154
T-
ASF4
....... 0.........
..................
Residential
RSF-4 --
RMF -24
=*`"4 ASF -4
E
6:
Overview
Legend •
Subject Property
.....Ei R-Pm04-1159
a
•
•
•
Master Street Plan
064114E0 Freeway/Expressway
4.3%q � Principal Arterial
Minor Arterial
. Collector
4.•�� Historic Collector
•
STAFF REAL FORM - NON-FINANCIAL OBLIVION
x AGENDA REQUEST
For the Fayetteville City Council Meeting of: September 21, 2004
FROM:
Dawn T. Warrick
Name
Planning CP&E
Division Department
ACTION REQUIRED: Resolution Approval.
SUMMARY EXPLANATION:
ADM 04-1197 was submitted by Morgan Hooker and Tim Cooper for property located at 867 N College
Avenue. The request is for a lesser dedication of right of way 45 feet from centerline along College Avenue
(the dedication necessary for a Minor Arterial) as opposed to the Master Street Plan requirements of 55 feet
from centerline (the dedication necessary for a Principal Arterial).
STAFF RECOMMENDATION: Approval
/
int l 1 y�fL CI U1c
Head
y Attorney
Department Director
Fin & Internal Services Dir.
h
inistrative Officer
ate
Date
Date
Date
Date
Mayor Date
Received in Mayor's Office
Cross Reference:
Previous Ord/Res#:
Orig. Contract Date:
Orig. Contract Number.
New Item:
Yes No
FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
City Clerk Division
DEPARTMENTAL CORRESPONDENCE
To: Dawn Warrick
Planning Division
From: Clance Buffalohead-Pearman
City Clerk Division
Date: September 27, 2004
Re: Resolution No. 149-04
•
113 West Mountain
Fayetteville, AR 72701
Telephone: (479) 575-8323
The City Council passed a resolution, September 21, 2004, approved the allowance of a
lesser right of way dedication at 867 N. College. I have attached a copy of the resolution.
The resolution will be recorded in the city clerk's office and microfilmed. If anything
else is needed please let the clerk's office know.
/cbp
attachments
cc: LaDawnya Cossey, Planning
John Goddard, IT
Scott Caldwell, IT
Clyde Randall, IT
Ed Connell, Engineering