HomeMy WebLinkAbout207-13 RESOLUTIONRESOLUTION NO.207-13
A RESOLUTION TO APPROVE THE DEDICATION OF 73 FEET OF RIGHT
OF WAY FOR PERSIMMON STREET ALONG MOST OF THE OWNER'S
PROPERTY AND TO REDUCE THE MASTER STREET RIGHT OF
DEDICATION FOR THIS PORTION OF PERSIMMON STREET TO 73 FEET
WHEREAS, the Planning Commission voted 8-1 to recommend to the City Council that
a lesser dedication of 70 feet instead of 77 feet be allowed to the owner/developer of Legacy
Phase V if the developer also paid for improvements to 541h Street between Persimmon and a
street to be built by the developer; and
WHEREAS, the owner/developer has offered to dedicate 73 feet of right of way for
Persimmon if the City Council agrees to accept this lesser dedication and reduce the Master
Street Plan's right of way requirement to 73 feet for this section of Persimmon; and
WHEREAS, the City Council has determined to accept the dedication of 73 feet for
Persimmon and to reduce the Master Street Plan right of way dedication requirements for this
section of Persimmon to 73 feet.
NOW, THEREFORE, 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 accepts the
offered 73 feet of right of way along most of Persimmon through the Legacy Phase V along with
all other on and off -site street improvements required of the owner/developer and reduces the
Master Street Plan dedication to 73 feet for this section of Persimmon.
PASSED and APPROVED this 15s1 day of October 2013.
APPROVED: ATTEST:
LIM
y: de'nde- f /4wt6
SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
10/1 /2013
City Council Meeting Date
Agenda Items Only
Andrew Garner Planning Development Services
Submitted By Division Department
ACTIon Kequirea:
PPL 13-4404: PRELIMINARY PLAT (PERSIMMON STREET MASTER STREET PLAN RIGHT-OF-WAY/LEGACY IV
SUBDIVISION, 475): Submitted by BATES AND ASSOCIATES for property located WEST OF 54TH STREET. The
property is zoned RSF-4, RESIDENTIAL SINGLE-FAMILY, 4 UNITS PER ACRE and contains approximately 108
acres. The request is for a lesser dedication of right-of-way for Persimmon Street within the Legacy IV subdivision.
Cost of this request
Account Number
Category / Project Budget
Funds Used to Date
Program Category / Project Name
Program / Project Category Name
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
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Previous Ordinance or Resolution #
Date
Original Contract Date:
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CITY COUNCIL AGENDA MEMO
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
To: Mayor Jordan, City Council
Thru: Don Marr, Chief of Staff
Jeremy Pate, Development Services Directors
From: Andrew Garner, Senior Planner
Date: September 10, 2013
Subject: PPL 13-4404 (Persimmon Street Master Street Plan Right-of-way Dedication)
RECOMMENDATION
The Planning Commission recommends approval of a resolution for a reduced right-of-way dedication for
Persimmon Street through the Legacy IV Subdivision (PPL 13-4404). Planning Division staff recommends
denial of the request.
BACKGROUND
The property is zoned RSF-4, Residential Single Family Four Units per Acre and contains 108 acres located in
west Fayetteville, adjacent to 541h Street. The site was approved for a subdivision several years ago and portions
of the streets were graded and some infrastructure installed. The property is designated as a Rural Residential
Area on the Future Land Use Plan, and a portion of this site is located within the Enduring Green Network
identified in City Plan 2030. The property _has a relatively unusual configuration with access to 54"' Street
through narrow strips of land surrounded by existing single family homes not a part of the development. The
applicant proposes a preliminary plat with 108 residential lots.
Persimmon Street is a Minor Arterial on the Master Street Plan and traverses east west through the property.
This will provide the final linkage for Persimmon between the Legacy subdivision adjacent to the west and the
existing street network to the east. 54t" Street is a Collector Street adjacent to the eastern property line.
Persimmon Street requires 77 feet of right-of-way in accordance with the Master Street Plan. This right-of-way
is required to be dedicated with this subdivision pursuant to Fayetteville Unified Development Code Section
166.04(B)(3)(a).
REQUEST
The applicant requests a lesser dedication of the Master Street Plan right-of-way for Persimmon Street. The
Master Street Plan requires 77 feet of right-of-way and the applicant proposes 70 feet. The applicant's
justification for the request is provided in a letter attached to this packet, discussing they would match the right-
of-way width for Persimmon Street in the adjacent subdivision to the west.
THE CITY OF FAYETTEVILLE, ARKANSAS
STAFF DISCUSSION
Staff does not recommend in favor of the request finding that there is not adequate justification. While
Persimmon Street was constructed with a 70-foot right-of-way adjacent to the west, with the most recent update
of the Master Street Plan in 2011 Persimmon was upgraded from a Collector to a Minor Arterial. There is still a
long undeveloped stretch of Persimmon that would be extended another approximately 0.5-mile beyond the
subject property and connecting to the existing improved section of Persimmon Street near the intersection of
Broyles Avenue. Persimmon will provide a major east -west connection to this area of the city and, an
alternative route to Wedington Drive upon its eventual completion. There are numerous homes west and
southwest of this area that will likely use this roadway and staff feels the classification of Persimmon as a
Minor Arterial and the 77 feet of right-of-way is the best plan for the ultimate build -out of the street in order to
function as intended with four lanes of vehicles, bike lanes on both sides, greenspace, and sidewalks on both
sides of the street. While the entire stretch of Persimmon will not be a consistent 77 feet of right-of-way,
because of the large amount of undeveloped area to the east, staff feels it is important to maintain the integrity
of the Master Street Plan cross section in this instance. It should be noted that staff supports a lesser dedication
of right-of-way for the very easternmost section of Persimmon in this subdivision simply because the
applicant's property is only approximately 54 feet wide at its narrowest point and staff does not feel that it
would meet the rough proportionality test to require the applicant to acquire off -site right-of-way to meet the
standard. This additional right-of-way would be dedicated at the time the adjacent property is developed or
acquired by the city as part of a street improvement project. It should also be noted that the applicant proposes,
and staff agrees, not to have the applicant construct the full Minor Arterial street section at this time with four
lanes, and instead construct a cross section with two vehicular lanes and bike lanes, similar in width to a
standard street.
DISCUSSION
On September 9, 2013, the Planning Commission approved preliminary plat (PPL 13-4404) with a condition of
approval regarding the right-of-way for Persimmon Street. The Planning Commission recommended in favor of
the applicant's request for a lesser dedication of right-of-way with a vote of 8-1-0 (Commissioner Chesser voted
`no'). There was no public comment.
BUDGET IMPACT
None
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AKANSA
Departmental Correspondence
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
TO: Mayor Jordan
City Council
CC: Don Marr, Chief of Staff
Jeremy Pate, Development Services Director
Andrew Garner, Senior Planner -Current Planning
Jesse Fulcher, Planner -Current Planning
Quin Thompson, Planner -Current Planning
FROM: Kit Williams, City Attorney
DATE: September 16, 2013
RE: 70' rather than 77' dedication for Persimmon Street
The City of Fayetteville has for decades had a Master Street Plan
(frequently amended and altered to meet changing needs) which not only
includes existing streets, but the proposed general placement of future streets
or extensions of existing, but incomplete streets. The Master Street Plan also
includes changing right of way cross sections for streets and sometimes
changes the classification for streets. For example, Persimmon was changed
from collector to minor arterial. When a proposed collector or arterial street
runs through a piece of developing property, the City needs to attempt to
ensure such development does not block, but incorporates as much as
feasible, the proposed collector or arterial. Indeed, our Unified Development
Code requests such right of way dedication unless the Planning Commission
recommends a "lesser dedication in the event of undue hardship or practical
difficulties." § 166.4 (13)(3)(a) of the U.D.C.
The Planning Commission did recommend almost unanimously
(Commissioner Chesser was the lone dissenter) the dedication of 70' instead
of the Master Street Plan recommended 77' right of way for Persimmon as it
runs through the development. "Such lesser dedication shall be subject to
approval by the City Council." Id. This is the reason for this agenda item.
Please keep in mind that the City of Fayetteville can only require a
developer/land owner to pay money, build infrastructure or dedicate land or
right of way to the City if such exactions "are roughly proportioned and bear
a rational nexus to the impact of the development" upon the City's
infrastructure needs. § 166.04 (A)(3) of the U.D.C.
"The exaction is the concession sought by the government,
or the condition upon which granting the permit depends. The
government may seek land, money, or other concessions in return
for the permit." Garneau v. City of Seattle, 147 F.3d 802, 809 (9th
Cir.1998).
This "rough proportionality" and "rational nexus" test would limit the
City of Fayetteville's power to demand dedication of street right of way,
construction of streets, sidewalks, water and sewer mains, etc. even if our
Unified Development Code did not include such limitation. This is a
Constitutional limitation upon our government's power based upon the Fifth
Amendment of the United States Constitution as held by the United States
Supreme Court.
"In addition to the requisite nexus, the (Supreme) Court
went on to require that the city demonstrate that the degree of the
exactions demanded in the condition bears "rough
proportionality" to the projected impact of the applicant's request.
This requirement ensures that the conditioning of a discretionary
benefit does not force "some people alone to bear public burdens
which, in all fairness and justice, should be borne by the public as
a whole" in violation of the Just Compensation Clause." Pennell v.
City of San Jose, 485 U.S. 1, 9 (1998) (citations omitted).
2
"According to the controlling Supreme Court decisions, the
City can only require an owner to dedicate land or pay money in
"rough proportionality" to the impact that construction of his
project causes the City. Dolan v. City of Tigard, 512 U.S. 374,114 S.
Ct. 2309, 2320 (1994) (emphasis added).
"We think a term such as "rough proportionality" best
encapsulates what we hold to be the requirement of the Fifth
Amendment. No precise mathematical calculation is required,
but the city must make some sort of individualized determination
that the required dedication is related both in nature and extent to
the impact of the proposed development." Id.
I believe that there is no question that the requested Master Street Plan
dedication is related "in nature" to this development which shall certainly use
Persimmon as a primary connector to Fayetteville's street network. The
"extent" of (or how much) dedication that the City can require to be
dedicated is the issue. The developer is already offering to dedicate 70 feet of
right of way which is wider than a normal local street or even collector and is
equal to the width of Persimmon to the West of this development.
When this land had been approved for development earlier and some
street grading accomplished, Persimmon had been designated as the more
narrow collector. After that initial development failed, Persimmon was
upgraded to minor arterial which bumped up the desired right of way to 77
feet. When Persimmon is extended toward the East from this development, it
is anticipated to have 77' right of way.
The engineer for the developer informed the Planning Commission that
increasing the right of way from 70 feet to 77 feet through the development
would cost the developer several home building lots, an obviously large
burden upon the owner.
The question is not whether the City would prefer a 77 foot wide
right of way dedication so the desired minor arterial with four car lanes of
travel, two bike lanes of travel, and green space and sidewalks on both sides
of the street can be constructed. Of course, this is the preferred right of way
width. The question is whether this developer can be forced to give up this
3
full 77 feet right of way width to the City for nothing and so bear the whole
burden for a minor arterial's right of way which will obviously serve far
more citizens than his future homeowners.
"The Fifth Amendment's guarantee...was designed to bar
Government from forcing some people alone to bear public
burdens which, in all fairness and justice, should be borne by the
public as a whole." City of Monterey v. Del Monte Dunes, 526 US
687, 703, 119 S.Ct. 1624 (1999); quoting Armstrong v. United States,
364 US. 40,49 (1968).
The Constitution thus limits the amount of exactions that any
government can demand for the issuance of a development permit. The
Planning Commission and City Council should look at the total amount of
street exactions being required to determine whether or not the right of way
dedication and on and offsite street construction being demanded exceeds the
rough proportionality of this development's impact upon Fayetteville's street
infrastructure.
CONCLUSION
The need to build the internal residential streets within the subdivision
is wholly caused by the development itself and will service primarily the new
homeowners and their visitors. Therefore, their right of way dedication and
street construction is properly the sole responsibility of the developer.
Persimmons much larger right of way and the offsite street
improvements on 54thwill certainly also serve this development. However,
these exactions (whether the right of way is 77 feet or 70 feet) will also serve
many others as part of Fayetteville's backbone of arterial and collector streets.
Planning has properly not sought to require the developer to build
Persimmon for a full minor arterial. Planning did recommend pursuant to a
U.D.C. section to have the full 77' right of way now shown for minor arterials
to be dedicated. The Planning Commission listened to Planning and the
developer and decided that the offered 70 foot of right of way would be as
much as could be demanded. Now it is the City Council's final decision.
4
RESOLUTION NO.
A RESOLUTION TO APPROVE THE DEDICATION OF 70 FEET OF RIGHT
OF WAY FOR PERSIMMON STREET ALONG MOST OF THE OWNER'S
PROPERTY AS RECOMMENDED BY THE PLANNING COMMISSION
WHEREAS, "On and off -site improvements that are roughly proportional and bear a
rational nexus to the impact of the development are required for all development" by § 166.04
(A)(3); and
WHEREAS, the Planning Commission voted 8-1 to recommend to the City Council that
a lesser dedication of 70 feet instead of 77 feet be allowed to the owner/developer of Legacy
Phase V if the developer also paid for improvements to 54th Street between Persimmon and a
street to be built by the developer; and
WHEREAS, the City Council has determined that the dedication of 70 feet for
Persimmon and the other on and off -site required street improvements are roughly proportional
to the impact that construction of the development will cause Fayetteville.
NOW, THEREFORE, 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 confirms
and adopts the Planning Commission's recommendation to accept the offered 70 feet of right of
way dedication along most of Persimmon through the Legacy Phase V along with all other on
and off -site street improvements required of the owner/developer.
PASSED and APPROVED this 1" day of October 2013.
APPROVED: ATTEST:
LIONELD JORDAN, Mayor
By:
SONDRA E. SMITH, City Clerk/Treasurer
RESOLUTION NO.
A RESOLUTION TO DISAPPROVE THE RECOMMENDATION OF THE
PLANNING COMMISSION TO ALLOW THE DEDICATION OF 70 FEET OF
RIGHT OF WAY FOR PERSIMMON STREET ALONG MOST OF THE
OWNER'S PROPERTY AND REQUIRE DEDICATION OF 77 FEET
WHEREAS, "On and off -site improvements that are roughly proportional and bear a
rational nexus to the impact of the development are required for all development" by § 166.04
(A)(3); and
WHEREAS, the Planning Commission voted 8-1 to recommend to the City Council that
a lesser dedication of 70 feet instead of 77 feet be allowed to the owner/developer of Legacy
Phase V if the developer also paid for improvements to 54th Street between Persimmon and a
street to be built by the developer; and
WHEREAS, the City Council has determined that the dedication of 77 feet for
Persimmon and the other on and off -site required street improvements are roughly proportional
to the impact that construction of the development will cause Fayetteville.
NOW, THEREFORE, 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 rejects the
Planning Commission's recommendation to accept the offered 70 feet of right of way dedication
along most of Persimmon through the Legacy Phase V and instead requires the owner/developer
to dedicate 77 feet of right of way for Persimmon along with all other on and off -site street
improvements required of the owner/developer.
PASSED and APPROVED this 1st day of October 2013.
APPROVED:
By:
LIONELD JORDAN, Mayor
ATTEST:
By:
SONDRA E. SMITH, City Clerk/Treasurer
Fayetteville Code of Ordinances
district an
easement
plat shall be
filed of
record in the
office of the
circuit clerk
dedicating all
required
easements
and rights -of-
- .
*All plats should meet or exceed the most current
State of Arkansas Standards of Practice for Property
Boundary Surveys and Plats.
**SIP = Large or Small Site Improvement Plan
***PZD = Planned Zoning District
(C) Signatures required. The final plat or concurrent
plat may be signed by any officer of the Planning
Commission.
(D) Number of plats. The Planning Division may
require additional copies of plats if the amount
required by this chapter is not sufficient for
distribution to the various committee members.
(Code 1965, App. C., Art. III, §A(1); Ord. No. 2695, 1-20-81;
Ord. No. 3080, 4-2-85: Ord. No. 3201, 8-5-86: Ord. No.
3315. 11-17-87; Code 1991. §§159.05, 159.30k.; Ord. No.
3578. 11-19.91; Ord. No 3615, §1, 6-2-92; Ord. No. 3738,
§1, 11-16-93: Ord. No. 3793, §1, 5-17-94; Ord. No. 3797, §1,
5.17-94; Ord. No. 4068, §1, 11-4-97; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 4199. 11-2-99; Ord. No.4454, 01-07-
03; Ord. No. 4545, 02-17-04; Ord. 4725, 7-19-05; Ord. 4864,
05-02-06; Ord. 5152, 7-15-08; Ord. 5215, 1-20-09: Ord.
5271, 9-1-09; Ord. 5296, 12-15-09)
166.04 Required Infrastructure
Improvements — Development in City
Limits
(A) Generally. Required of developer.
(1) On and off -site improvements. On -site
improvements are adjacent to or within a
project site; such as widening the street
along the project street frontage,
constructing interior streets and utilities, etc.
Off -site improvements are not adjacent to a
project; such as the extension of an off -site
sewer line to the property boundary, off -site
storm drainage improvements, or an off -site
intersection improvement, etc.
(2) Standards applicable. Any required on or off -
site improvements in the city and within one
mile of the city limits shall be installed
according to the city's standards; provided
on or off -site improvements to roads located
outside one mile of the city limits shall be
installed to the county's standards. The
CD166:16
developer shall be required to bear that
portion of the cost of off -site improvements
which bears a rational nexus to the needs
created by the development.
(3) Required Infrastructure Improvements. On
and off -site improvements that are roughly
proportional and bear a rational nexus to the
impact of the development are required for
all development within the City of
Fayetteville. The developer shall be required
to install on and off -site improvements where
the need for such improvements is created in
whole or in part by the proposed
development.
(4) Planning Commission and Planning Division.
At the time the Planning Commission or
Planning Division (where applicable for
administrative approval) grants development
approval, the Planning Commission or
Planning Division shall determine whether
the proposed development creates a need
for off -site improvements and the portion of
the cost of any needed off -site improvements
which the developer shall be required to
bear; provided, that portion of the cost of off -
site improvements to roads located outside
the city's corporate limits but within the city's
planning area shall be determined by the
county. In determining that portion of the
cost of off -site improvements which the
developer shall be required to bear, the
Planning Commission or Planning Division
(where applicable for administrative
approval) shall consider the acreage within
the proposed development as a percentage
of all the acreage which, when fully
developed, will benefit from the off -site
improvements; provided, the Planning
Commission or Planning Division may use a
different method of measurement if it
determines that use of the acreage standard
will not result in the developer bearing that
portion of the cost which bears a rational
nexus to the needs created by the
development.
(5) Determining necessity for off -site
improvements.
(a) When a proposed development has
access to paved streets or roads only by
way of substandard or unimproved
roads or streets leading from the
development to the paved streets or
roads, the developer shall be
responsible for contributing this
proportionate share of the cost of
improving the substandard access roads
or streets to existing city or county
standards. The developer's
TITLE XV UNIFIED DEVELOPMENT CODE
proportionate share of said costs shall
the Planning Commission or Engineering
be determined by the Planning
Division (where applicable for administrative
Commission or Planning Division (where
approval) shall be coordinated with the
applicable for administrative approval) in
Arkansas Highway and Transportation
accordance with the provisions of
Department.
166.04 (A) above.
(B) Minimum improvements by application type. The
(b) When a proposed development has
property owner/developer shall be responsible for
direct access to, or fronts on an existing
constructing the following minimum
road or street, which is below current
improvements.
standards, the developer shall be
responsible for contributing his/her
(1) Property Line Adjustment. No improvements
proportionate share of the cost of
are required unless the action would create
improving said street or road to existing
or exacerbate a nonconforming infrastructure
city or county standards. The Planning
situation such as cutting off a lot from public
Commission or Planning Division (where
water, sewer, or street frontage. In such has
applicable for administrative approval)
case the property line adjustment may not;be
shall determine the developer's
filed of record until the required infrastructure
proportionate share of said costs in
is first constructed to City specifications, or a
accordance with the provisions of
variance or waiver is granted by the Planning
166.04 (A) above.
Commission.
(c) Off -site drainage improvements shall be
(2) Lot Split.
required whenever a proposed
development causes the need for such
(a) Dedication of right-of-way. Sufficient
improvements.
right-of-way dedication, to bring those
streets which the Master Street Plan
(6) Delayed Improvements. The Planning
shows to abut or intersect the property
Commission or Planning Division may
into conformance with the right-of-way
determine a required on -site or off -site
requirements of the Master Street Plan
improvement shall be delayed or payment-
for said streets; provided, the
in -lieu contributed instead in accordance with
Subdivision Committee or Planning
Chapter 158 of the UDC. Cross
Commission may recommend a lesser
reference(s)--Bonds and Guarantees, Ch.
dedication in the event of undue
158.
hardship or practical difficulties. Such
lesser dedication shall be subject to
(7) Variances A variance of off -site
approval by the City Council.
improvements may be granted in
accordance with Chapter 156 Variances.
(i) Dedications The City Council
accepts all streets and alleys
(8) State highways. The developer shall be
located in Fayetteville that have
required to dedicate sufficient right-of-way to
been previously approved and
bring those state highways which the Master
accepted as dedications by the
Street Plan shows to abut or intersect the
Fayetteville Planning
proposed subdivision into conformance with
Commission/Subdivision
the right-of-way requirements of the Master
Committee. The City Council
Street Plan The developer shall be required
confirms the acceptance of all such
to install a sidewalk adjacent to that portion
streets and alleys dedicated by
of a state highway abutting the proposed
developers/owners to the city which
development; and provided that the Planning
have been approved by the
Commission or Engineering Division (where
Fayetteville Planning
applicable for administrative approval) may
Commission/Subdivision
waive the sidewalk requirement prescribed
Committee.
by this subsection upon application by the
developer and a determination by the
(b) Monuments and lot stakes. The
Planning Commission or Engineering
surveyor shall cause, preserve, and/or
Division (where applicable for administrative
replace monuments and/or lot stakes
approval) that the topography of the
marking the corners of a parcel to be set
proposed development where it abuts a state
in accordance with Section 3.2, general
highway is such that installation of a
procedures, of the Arkansas Minimum
sidewalk is not practical. Any other
Standards for Property Boundary
improvements required of the developer by
Surveys and Plats.
CD166:17
Fayetteville Code of Ordinances
based on the rough proportionality
(c) Water, sewer, or street frontage. Any lot
and rational nexus of the impacts of
that is created shall have adequate
the project.
street frontage or street access that
meets the minimum requirements of the
(iii) Dedications. The City Council
zoning code, and access to public water
accepts all streets and alleys
and sewer as required by city and state
located in Fayetteville that have
code. If a lot split would create or
been previously approved and
exacerbate a nonconforming situation
accepted as dedications by the
(such as cutting off a lot from public
Fayetteville Planning
water, sewer, street frontage, or street
Commission/Subdivision
access), the lot split may not be filed of
Committee. The City Council
record until the required easement is
confirms the acceptance of all such
dedicated and/or the infrastructure is
streets and alleys dedicated by
first constructed to City specifications, or
developers/owners to the city which
a variance or waiver is granted by the
have been approved by the
Planning Commission.
Fayetteville Planning
Commission/Subdivision
(d) Parkland dedication. Parks fees shall be
Committee.
assessed for each new residential unit
that is constructed on the additional
(b) Monuments and lot stakes. The
lot(s) in accordance with the parkland
surveyor shall cause, preserve, and/or
dedication requirements outlined in
replace monuments and/or lot stakes
Fayetteville Unified Development Code
marking the corners of a parcel to be set
Chapter 166. Said fees shall be paid
in accordance with Section 3.2, general
prior to issuance of a building permit for
procedures, of the Arkansas Minimum
construction on the new lot.
Standards for Property Boundary
Surveys and Plats.
(3) Preliminary/Final/Concurrent Plat; Large
Scale Development; Large or Small Site
(c) Streets.
Improvement Plan.
(i) On -site. Widening the street
(a) Dedication of right-of-way.
adjacent to the project frontage and
construction of all interior streets to
(i) On -site. Sufficient right-of-way
meet Master Street Plan standards.
dedication, to bring those streets
Street grading, base, and paving
which the Master Street Plan shows
according to existing city standards
to abut or intersect the property and
and specifications as adopted by
new streets proposed interior to the
the City Council.
property, into conformance with the
right-of-way requirements of the
(i i) Off -site. Street widening and/or new
Master Street Plan for said streets,
street construction off -site may be
shall be approved by the Planning
required to address traffic impacts
Commission or Subdivision
based on the rough proportion and
Committee; provided, the Planning
rational nexus of the impacts of the
Commission or Subdivision
project. Street grading, base, and
Committee may recommend a
paving according to existing city
lesser dedication in the event of
standards and specifications as
undue hardship or practical
adopted by the City Council.
difficulties. Such lesser dedication
shall be subject to approval by the
(iii) Private street name signs. Where a
City Council.
structure is addressed on a private
street or drive, the developer or
a. Exemption. Small Site
property owner(s) shall be required
Improvement Plan applications
to install, maintain, repair and
are exempt from this
replace all private street name
requirement.
signs. Any private street name sign
existing at the time of passage of
(ii) Off -site. Off -site right-of-way
this ordinance shall be maintained,
dedication may be required as
repaired and replaced as required
needed to construct off -site street
by this section. Signs shall meet the
improvements that are required
standards of the Manual on Uniform
CD166:18
Tayel... .(I T�ll
e
PC Meeting of September 9, 2013
ARKANSAS
125 W. Mountain St.
l._HE CITY QF FAYL? TTE VILLE. ARKAN5A5 Fayetteville, AR72701
PLANNING DIVISION CORRESPONDENCE Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Andrew Garner, Senior Planner
Glenn Newman, Staff Engineer
THRU: Jeremy Pate, Development Services Director
DATE: Septemb4-2413 Updated September 10, 2013
PPL 13-4404: Preliminary Plat (W. OF N. 54T11 ST. AND E. OF W. PERSIMMON
ST./LEGACY PH V, 475): Submitted by BATES AND ASSOCIATES for property located
WEST OF NORTH 54TH STREET AND EAST OF WEST PERSIMMON STREET. The
property is zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE and
contains approximately 32.83 acres. The request is for a residential subdivision with 108 single
family lots. Planner: Andrew Garner
Findings:
Background: The property is zoned RSF-4, Residential Single Family Four Units per Acre and
contains 108 acres located in west Fayetteville, adjacent to 54th Street. The site was approved for
a subdivision several years ago and portions of the streets were graded and some infrastructure
installed. A portion of this site is located within the Enduring Green Network identified in City
Plan 2030. The property has a relatively unusual configuration with access to 54th Street through
narrow strips of land surrounded by existing single family homes not a part of the development.
The surrounding zoning and land uses are depicted in Table 1.
Table 1
Surrounding Zonina and Land Use
Direction
Land Use
Zoning
from Site
North
Single family and undeveloped pasture
RSF-4, Residential Single -
Family Four Units Per Acre
South
Single family and undeveloped pasture
RSF-1, Residential Single -
Family One Unit Per Acre
East
Undeveloped pasture
RSF-8, Residential Single -
Family Eight Units Per Acre
West
Single family residential (Legacy Heights subdivision
RSF-4
Adjacent Master Street Plan Streets: Persimmon Street is a Minor Arterial on the Master Street
Plan and traverses east west through the property, providing the final linkage for Persimmon
between the Legacy subdivision adjacent to the west and the existing street network to the east.
54th Street is a Collector Street adjacent to the eastern property line.
G: IETOL)evelopment Services Review120130evelopment ReviewU3-4404 PPL Persimmon A (Legacy Phase V)103 Planning Commission109-09-
20131Comments and Redlines
Right-of-way to be dedicated: Right-of-way will be dedicated for the internal Local and
Residential streets in the amount of 50 feet and 43 feet, respectively, as listed on the street table
and indicated on the plat. Persimmon Street is a Minor Arterial traversing through the
neighborhood and requires 77 feet of right-of-way in accordance with the Master Street Plan.
The applicant requests a variance of the Master Street plan to dedicate 70 feet of right-of-way for
Persimmon through the subdivision. Right-of-way shall be dedicated in the amount of 29.5 feet
from centerline along the site's 54th Street frontage, a Collector Street.
Proposal: The applicant proposes a preliminary plat with 108 residential lots. The subdivision is
proposed in four phases starting at the western side of subdivision and moving east as depicted
on the phasing plan:
Phase A
26 lots
Phase B
22 lots
Phase C
22 lots
Phase D
29 lots
Variance Requests:
■ Unified Development Code (UDC) Section 166.04(B)(3)(a). The applicant requests a
lesser dedication of the Master Street Plan right-of-way for Persimmon Street. The
Master Street Plan requires 77 feet of right-of-way and the applicant proposes 70 feet.
The applicant's justification for the request is provided in a letter attached to this packet,
discussing they would match the right-of-way width for Persimmon Street in the adjacent
subdivision to the west. Staff does not recommend in favor of the request finding that
there is not adequate justification for the request. While Persimmon Street was
constructed with a 70 foot right-of-way adjacent to the west, with the most recent update
of the Master Street Plan in 2011 Persimmon was upgraded from a Collector to a Minor
Arterial. There is still a long undeveloped stretch of Persimmon that would be extended
another approximately 0.5-mile beyond the subject property and connecting to the
existing improved section of Persimmon Street near the intersection of Broyles Avenue.
Persimmon will provide a major east -west connection to this area of the city and, an
alternative route to Wedington Drive upon its eventual completion. There are numerous
homes west and southwest of this area that will likely use this roadway and staff feels the
classification of Persimmon as a Minor Arterial and the 77 feet of right-of-way is the best
plan for the ultimate build -out of the street in order to function as intended with four
lanes of vehicles, bike lanes on both sides, greenspace, and sidewalks on both sides of the
street. While the entire stretch of Persimmon will not be a consistent 77 feet of right-of-
way, because of the large amount of undeveloped area to the east, staff feels it is
important to maintain the integrity of the Master Street Plan cross section in this
instance. It should be noted that staff supports a lesser dedication of right-of-way for the
very easternmost section of Persimmon in this subdivision simply because the applicant's
property is only approximately 54 feet wide at its narrowest point and staff does not feel
that it would meet the rough proportionality test to require the applicant to acquire off -
site right-of-way to meet the standard. This additional right-of-way would be dedicated at
the time the adjacent property is developed or acquired by the city as part of a street
improvement project.
G: IETCIDevelopmeni Services Revie1020130evelopmenl Revieivl13-4404 PPL Persimmon S1. (Legacy Phase V)W3 Planning CommissionW-09-
20131Commenls and Redlines
Access Management and Connectivity: The proposed subdivision meets the access management
requirements for block length and connectivity. The development provides street connections in
all four directions to 54th Street to the east, Persimmon Street to the west, and street stub -outs to
the north and south.
Street improvements: Internal streets shall be constructed as indicated on the proposed site plan.
Off -site street improvements shall be completed as follows prior to approval of final plat for
Phase II:
Because of the existing sight distance and traffic safety problems at the intersection of
50 Street and Persimmon that will be exacerbated by traffic from this development, the
developer shall install signage converting the intersection into a three-way stop. This will
likely include additional warning signage and pavement striping, the exact details to be
approved by the City Engineering Division.
Based on the impacts that this development will have to 54th Street, the western half of
54th Street shall be improved from Persimmon Street to the south property line as
indicated on the preliminary plat with: 14 feet pavement from centerline, curb, gutter,
storm drains, sidewalks, and streetlights.
Water and Sewer System: Water and sewer lines shall be extended through the development as
required by the City Engineering Division.
Parks: On April 1, 2013, the Park and Recreation Advisory Board (PRAB) reviewed the project
and recommended accepting money lieu because of the project's proximity to Harmony Pointe
Park and Bundrick Park. Fees in the amount of $99,360.00 are due for the proposed 108 single-
family units and shall be paid prior to final plat. The fees may be phased as specified in the
UDC.
Tree Preservation: Existing: 2.5%
Proposed: 1.3%
Required: 25%
Mitigation: 88 trees on -site mitigation
Public Comment: Staff has not received public comment.
Recommendation: Staff recommends approval of PPL 13-4404 subject to the following
conditions:
Conditions of Approval:
Planning Commission recommendation to the City Council of a lesser dedication of right-
of-way pursuant to UDC Section 166.04(B)(3)(a). The applicant requests a lesser
dedication of the Master Street Plan right-of-way for Persimmon Street. The Master
Street Plan requires 77 feet of right-of-way and the applicant proposes 70 feet. The
applicant's justification for the request is provided in a letter attached to this packet. Staff
does not recommend in favor of the request for a majority of the street based on the
G:1ETCIDevelopment Services Rerieiv120131Development Reviewll3-4404 PPL Persimmon St. (Legacy Phase V)W3 Planning ConunissionM-09-
20]Monnnents and Redlines
findings included earlier in this report. Staff supports a lesser dedication of right-of-way
for the very easternmost section of Persimmon in this subdivision simply because the
applicant's property is only approximately 54 feet wide at its narrowest point and staff
does not feel that it would meet the rough proportionality test to require the applicant to
acquire off -site right-of-way to meet the standard.
PLANNING COMMISSION RECOMMENDED IN FAVOR OF THE APPLICANT'S REQUEST FOR A
LESSER DEDICATION OF RIGHT-OF-WAY (09-09-2013).
2. Planning Commission determination of street improvements. Staff recommends the
following:
a. All interior streets shall be constructed in conformance with the Master Street
Plan requirements with the exception of Persimmon Street.
b. Persimmon Street through the neighborhood shall be constructed as a fully
improved street as indicated on the preliminary plat with a 30 foot wide street,
bike lanes and sidewalk on both sides. Staff does not feel that it meets the rough
proportionality test for this development to construct the full Minor Arterial street
section at this time with four vehicular travel lanes.
C. Street lights shall be installed at every intersection and with a maximum
separation of 300 feet.
d. Sidewalks shall be constructed or guaranteed prior to final plat approval.
Sidewalks along all commonly owned lots, and the off -site sidewalk connections
to adjacent surrounding streets shall be constructed prior to final plat.
C. Off -site street improvements shall be completed as follows prior to approval of
the final plat for Phase H.
o Based on the impacts that this development will have to 541h Street, the
western half of 541h Street shall be improved from Persimmon Street to the
south property line as indicated on the preliminary plat with: 14 feet
pavement, curb, gutter, storm drains, sidewalks, and streetlights. Because
_oj' a lack of existing l�ol-way_to c ong)lete these improvements, cin
assessment shall be paid ffir these iln grovements the amount to be a Treed
upon with City Engineering staff and the applicant. k there is a
disagreemew on the assessment (Imount, this issue may be bl'ought back
before the Planning Commission for final determination.
o Because of the existing site distance and traffic safety problems at the
intersection of 541h Street and Persimmon that will be exacerbated by
traffic from this development, the developer shall install signage
converting the intersection into a three-way stop. This will likely include
additional warning signage and pavement striping, the exact details to be
approved by the City Engineering Division.
PLANNING COMMISSION DETERMINED IN FAVOR OF THE STREET IMPROVEMENTS AS
RECOMMENDED BY STAFF, MODIFYING THE OFF -SITE IMPROVEMENTS AS NOTED ABOVE TO
ACCEPT MONEY -IN -LIEU (09-09-2013).
3. Right-of-way shall be dedicated for the internal streets in the amounts as listed on the
street table and indicated on the plat. Right-of-way shall be dedicated in the amount of
G: IETOL)evelopment Services Revieiv120131Development Revieu+V3-4404 PPL Persimmon St. (Legacy Phase V)W3 Planning CommissionM-09-
20131Connments and Redlines
29.5 feet from centerline along the site's 54t1i Street frontage.
4. On April 1, 2013, the Park and Recreation Advisory Board (PRAB) reviewed the project
and recommended accepting money lieu because of the project's proximity to Harmony
Pointe Park and Bundrick Park. Fees in the amount of $99,360.00 are due for the
proposed 108 single-family units and shall be paid prior to final plat. The fees may be
phased as specified in the UDC. The applicant shall remove the designation of Lot 33 as
parkland from the plat.
THE PLANNING COMMISSION MODIFED AND APPROVED THIS CONDITION AS NOTED
(09/09/2013).
Conditions of approval from Engineering, Solid Waste, Urban Forester, and the Parks
Departments are included in the official conditions of approval, attached herein.
Future street extensions signs shall be installed at all street stub -outs.
7. Any community club house or recreational facility requires approval by the Planning
Commission as a conditional use permit.
8. An assessment shall be paid prior to final plat for the removal of temporary
hammerheads. The applicant should provide a cost estimate for this assessment.
9. Comments from the 911 Coordinator on street names, attached herein, shall be addressed.
10. `No Parking' areas will be identified with signage at the time of final plat as required by
the City Fire Marshall, but the parallel parking spaces will not be striped.
11. Identify the offsite signage improvements at 54"' and Persimmon.
12. Show the bike lane striping on Persimmon Street through the subdivision.
Standard Conditions of Approval:
13. All signage shall be reviewed and approved by the Planning Department prior to
installation. Freestanding signage is not permitted within utility easements, unless
otherwise approved by all utility companies.
14. All street names and addresses shall be approved by the 911 coordinator.
15. 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).
16. Preliminary plat approval is valid for one year. All permits to complete construction of
this preliminary plat are required to be obtained within one year, subject to extensions in
accordance with the Unified Development Code.
G: IETCIDevelopment Services Revieiv120131Developn:ent Revieiv113-4404 PPL Persimmon St. (Legacy Phase V)103 Planning Connnission109-09-
20131Connnents and Redlines
17. 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.
18. All overhead electric lines under 12Kv shall be relocated underground. All proposed
utilities shall be located underground.
19. Street lights shall be installed adjacent to all public and private streets (not alleys), with a
separation of no greater than 300 feet.
20. Impact fees for fire, police, water, and sewer shall be paid in accordance with City
ordinance.
Subdivision Committee Action: X Forwarded ❑ Denied ❑ Tabled
Motion: Winston
Second: Autry
Vote: 3-0-0
Meeting Date: August 29, 2013
Note: Recommendation for approval
Planning Commission Action: X Approved
Motion: Winston
Second: Pennington
Vote: 8-1-0 (Commissioner Chesser voted `no')
Meeting Date: September 9, 2013
Note:
❑ Denied ❑ Tabled
G: IETCIDevelopment Services Revieiv120131Developn:ent Revietivl13-4404 PPL Persimmon St. (Legacy Phase V)I03 Planning Commission109-09-
20131Comments and Redlines
Bates,
Associates, I nc_
Clvll Enginning & Surveying
91 W. Colt Square Dr. Suite 3 / Fayetteville, AR 72703
PH: 479-442-9350 * FAX: 479-521-9350
September 3, 2013
Planning Commissioners and Staff
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
RE: Legacy Subdivision Phase V — Variance Request
Dear Planning Staff,
The developer would like to request the following variances:
The existing right-of-way along Persimmon Drive to the west of the subject property
is 70'. The existing right-of-way to the east is 65'. The property owner would like to
request a variance to allow a 70' right-of-way in order that we are consistent with the
property to the west and the majority of properties to the east. This property was
previously approved for a grading permit, and the streets were cut for a 70' right-of-
way, so much of this initial road grading is complete. In addition, the existing
improved Persimmon to the east connecting to the frontage road along I-540 is 70'. It
seems less useful to make this short stretch 77'. Naturally, we think this the best
solution is to keep the stretch at 70'
If you have any questions or require additional information, please feel free to contact me at your
convenience.
Sincerely
Bates & Associates, Inc.
Geoffrey H. Bates, P.E.
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STREET TABLE
NAME
LENGTH
ROW
B/B
S/W
TYPE
GREENSPACE
MARKS MILL DRIVE
705.6'
50'
28'
5'
PUBLIC
6'
MARKS MILL AVENUE
195.8'
43'
21'
S'
PUBLIC
6'
DRYWOOD CREEK DRIVE
1052.1'
50'
28'
5'
PUBLIC
6'
BUCKLAND MILLS DRIVE
549.8'
50'
28'
S'
PUBLIC
6'
BUCKLAND MILLS AVENUE
195.8'
43'
21'
S'
PUBLIC
6'
LONE JACK DRIVE
901.6'
507
28'
S'
PUBLIC
6'
SNYDER'S BLUFF DRIVE
507.2'
43'
21'
5'
PUBLIC
6'
PERSIMMON STREET
1670.0'
70'
30'
1 6'
PUBLIC
14'
ROWLETT'S STATION DRIVE
930.5'
S0'
28'
S'
PUBLIC
6'
POISON SPRING DRIVE
561.4'
43'
21'
S'
PUBLIC
6'
CANE HILL DRIVE
550.7'
43'
21'
5'
PUBLIC
6'
DRIVE'
LOT V
70 FT
50 FT
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LOT C
LOT N
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Y1LARKAHSAS�
CITY COUNCIL AGENDA MEMO
To: Mayor Jordan, City Council
From: Jeremy Pate, Development Services Directors
Date: October 14, 2013
Subject: Persimmon Street Master Street Plan
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
UPDATE
After the agenda session last Tuesday, the Mayor directed staff to engage in further conversations with
the applicant for Legacy Subdivision Phase IV on Persimmon Street in an effort to find common ground related
to the request on your October 15 agenda to reduce the Master Street Plan right-of-way dedication for a
future subdivision along Persimmon Street from 77 feet to 70 feet. Staff did so, and after several
conversations has worked out a compromise that achieves the goals of both the developer and the City, which
is shown in the attached amended request and diagram.
City staff reviewed the current Minor Arterial cross-section to determine if there were opportunities to
reduce the overall right-of-way from the ideal to something that would still function with 4 travel lanes, bike
lanes, greenspace and sidewalks, within a reduced width. The evaluation is particularly germane in this area,
since as we have noted the right-of-way to the west of this property is only 70 feet in width, dedicated when
Persimmon Street was designated a Collector Street. In most cases, when the City is preparing to make
improvements within an existing, developed area, we will more closely review the ideal cross-section and
determine if it can be modified so as to reduce the impact to adjacent property owners and also to purchase
only the property that is absolutely necessary to make the improvement.
In this case, staff feels that with a slight reduction in lane width and greenspace, the overall function of
the Minor Arterial will remain. While the actual cross-section design would be reviewed at the time of the
street improvement, at this time staff feels that a 73-foot width would be sufficient for the developer to
dedicate to accommodate the future expansion in this area, given the factors of this request.
Staff recommends in favor of the applicant's amended request, in accordance with §166.04(B)(3)(a)(i)
of the Unified Development Code, to permit a lesser dedication of right-of-way than required by the Master
Street Plan for Persimmon Street within the Legacy Phase IV subdivision. This would result in a dedication of
73-feet for the majority of the property, and 54-feet in width at the easternmost section of Persimmon within
the subdivision due to different property ownership. The amended request, in staffs opinion, meets the
requirements of the Unified Development Code and the test of rough proportionality of the impact of the
development upon surrounding infrastructure.
MINOR ARTERIAL
(Modified with 10.5' lanes
and 5' greenspace. Total R.O.W. 7S)
1.5'
CURB �
GUTTER
1.5'
CURB &
GUTTER
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Bates..
Associates, i nc.
C101 Englnsering ,�'e� Surveying
91 W- Colt Square Dr. Suite 3 / Fayetteville, AR 72703
P11:479.442.93S0' rAX:479.521.9350
October 1 l , 2013
Planning C:onunissioners and Staff
Ctity o1' Fayetteville
113 West Mountain
Fayetteville, AR 7.270:1
RE: Legacy Subdivision Phase V — Variance Request
Dear Planning Staff,
The developer would like to request the following; variances:
1. The existing right-of-way along PeN' unnon Drive to the west of the subject property
is 70'. The existing; right-of-way to the east is 65'. The property owner would like to
rrxlueat a variance to allow a 73' right-of-way instead of 77'.
This property was previously approved for a grading permit, and the streets were cut
for a 70' right-of-way, so the majority of the initial road grading is complete. In
addition, the existing improved I'ersilmrton to the cast connecting to the frontage road
along 1-540 is 70'. Therefore, we think this the nest solution is to keep die stretch at
73'.
If you have any questions or require additional information, please feel free to contact the at your
convenience.
Sincerely
Bates & Associates, Inc.
Geoffrey H. Bates, PE,