The URL can be used to link to this page

Home My WebLink About27-16 RESOLUTIONW 1 13 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolutiont 27-16 File Number: 2015-0633 ADM 1s-5262 (GREGG AVE.BETWEEN CENTER ST. & MEADOW ST./LSP AMENDMENT): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY RECLASSIFYING GREGG AVENUE BETWEEN CENTER STREET AND MEADOW STREET AS AN ALLEY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section !. That the City Council of the City of Fayetteville, Arkansas hereby amends the Master Street Plan by reclassifying Gregg Avenue between Center Street and Meadow Street as a public alley. PASSED and APPROVED on 115/2016 Attest: LisaBranson, DeputyW -rì\o" - _-"råìFc ,.,'rlÉô -¡.-i3 , ¡y¿TTLV tu'" t - =Z -."' - 'ai-'4*;rr¡lHs. Page 1 Printed on 1î7/16 C¡ty of Fayetteville, Arkansas Text File File Number: 2015-0633 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Agenda Date:11512016 In Control: City Council Meeting Agenda Number: C.2 Version: 1 Status: Passed File Type: Resolution ADM 15-5262 (GREGG AVE.BETWEEN CENTER ST. & MEADOW ST./NISP AMENDMENT): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY RECLASSIFYING GREGG AVENUE BETWEEN CENTER STREET AND MEADOW STREET AS AN ALLEY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l. That the City Council of the City of Fayetteville, Arkansas hereby amends the Master Street Plan by reclassifuing Gregg Avenue between Center Street and Meadow Street as a public alley. City of Fayetteville, Arkansas Page 1 Printed on 1n201ø City of Fayetteville Staff Review Form 2015-0633 @ Ll5/20L6 City Council Meeting Date - Agenda ltem Only N/A for Non-Agenda ltem L2/1.8/2O1s City Planning /Jeremy Pate Development Services Depa rtment t6'nitt"d D"t"-Subm¡tted By Action Recommendation: ADM 15-5262: Administrative ltem (GREGG AVE. BETWEEN CENTER ST. & MEADOW ST./MSP AMENDMENT,4S4I: Submitted by PLANNING STAFF for GREGG AVE. BETWEEN CENTER ST. & MEADOW ST. The request is to amend the Master Street Plan and reduce the right-of-way requirement for Gregg Avenue. Budget lmpact: Project Number Budgeted ltem? NA Does item have a cost? No Budget Adjustment Attached? NA Fund Project Title Current Budget S Funds Obligated S Current Balance * Account Number Item Cost Budget Adjustment Remaining Budget 5 Previous Ordinance or Resolution # Original Contract N um ber: Comments: v20140710 Approval Date: CITY OF ARKANSAS CITV COUNCIL AGENDA MEMO MEETING OF JANUARY 5, 2016 Mayor and City Council Andrew Garner, City Planning Director Jesse Fulcher, Senior Planner December 18,2015 ADM l5-5262: Administrative ltem (GREGG AVE. BETWEEN CENTER ST. & MEADOW ST./MSP AMENDMENT, 484): Submitted by PLANNING STAFF for GREGG AVE. BETWEEN CENTER ST. & MEADOW ST. The request is to amend the Master Street Plan and reduce the right-of-way requirement for Gregg Avenue. TO: THRU: FROM: DATE: SUBJECT: RECOMMENDATION: Staff and Planning Commission recommend approval of an ordinance to amend the Master Street Plan and reduce the right-of-way requirement for Gregg Avenue. BACKGROUND: The subject property is located at the northeast corner of Center Street and Gregg Avenue (EXHIBIT 'A' ATTACHED). The site is developed with warehouse-type buildings that have been converted into a number of commercial spaces. Frisco Trail runs along the east side of the property. ln 2004, the owner proposed to redevelop the site with a multi-story building called Rivendell. The project was approved, but never constructed. As part of the development review for this previous project, the owner also requested to vacate a portion of right-of-way for Gregg Avenue, which runs along the entire west side of the subject property, and to reclassify this section of Gregg Avenue as a public alley. The City Council approved this request by Ordinance No. 4629. ln 2005 the City of Fayetteville began implementing many of the recommendations of the Downtown Master Plan. One of those changes was reclassifying all of the downtown streets based on new cross-sections. This action was completed in August 2005. Unknowingly, this action reclassified the subject section of Gregg Avenue from an alley to an ST-45 street section, essentially nullifying Ordinance 4629. Gregg Avenue is still classified as an ST-45. DISCUSSION: The same property owner from 2004 contacted staff recently, having just discovered that the classification of Gregg Avenue had changed to an ST-45 in 2005. The subject property is very narrow, so requiring additional right-of-way dedication, which is required with an ST-45 classification, significantly impacts this property. The property is further limited, since the subject owner dedicated a 2O-foot easement to the City of Fayetteville for the construction of the Frisco Trail and installation of a new sewer line. Mailing Address: 113 W. Mountain Street Fayetteville, AR72707 www.f ayettevil le-a r. gov The applicant has asked the City to reclassify Gregg Avenue between Center Street and Meadow Street as an alley, as was approved in 2004. BUDGET/STAFF IMPACT: None Attachments:. Request Letter. Site Plan. Ordinance No.4629. One Mile Map. Close Up Map EXHIBIT'A' 15-5262 ADM 15-52621 GREGG AVE. MSp AMENDMENT Close Up View CITY OF TO: THRU: FROM: MEETING DATE: SUBJEGT: PLANNING COMMISSION MEMO Fayetteville Planning Commission Andrew Garner, City Planning Director Jesse Fulcher, Senior Planner ffiq*û+Í UPdated December 17,2015 ADM 15-5262: Administrative ltem (GREGG AVE. BETWEEN CENTER ST. & MEADOW ST./MSP AMENDMENT, 484): Submitted by PLANNING STAFF for GREGG AVE. BETWEEN CENTER ST. & MEADOW ST. The request is to amend the Master Street Plan and reduce the right-of-way requirement for Gregg Avenue. RECOMMENDATION: Staff recommends forwarding ADM 15-5262 to the City Council with a recommendation for approval. BACKGROUND: The subject property is located at the northeast corner of Center Street and Gregg Avenue. The site is developed with warehousetype buildings that have been converted into a number of commercial spaces. Frisco Trail runs along the east side of the property. ln 2004, the owner proposed to redevelop the site with a multi-story building called Rivendell. The project was approved, but never constructed. As part of the development review for this previous project, the owner also requested to vacate a portion of right-of-way for Gregg Avenue, which runs along the entire west side of the subject property, and to reclassify this section of Gregg Avenue as a public alley. The City Council approved this request by Ordinance No. 4629. ln 2005 the City of Fayetteville began implementing many of the recommendations of the Downtown Master Plan. One of those changes was reclassifying all of the downtown streets based on new cross-sections. Thís action was completed in August 2005. Unknowingly, this action reclassified the subject section of Gregg Avenue from an alley to an ST-45 street section, essentially nullifying Ordinance 4629. Gregg Avenue is still classified as an ST-45. DISGUSSION: The same property owner from 2004 contacted staff recently, having just discovered that the classification of Gregg Avenue had changed to an ST-45 in 2005, The subject property is very narrow, so requiring additional right-of-way dedícation, which is required with an ST-45 classification, significantly impacts this property. The property is further limited, since the subject owner dedicated a 2O-foot easement to the City of Fayetteville for the construction of the Frisco Trail and installation of a new sewer line. The applicant has asked the City to reclassify Gregg Avenue between Center Street and Meadow Street as an alley, as was approved in 2044. Mailing Address: 113 W. Mountain Street Fayetteville, ART2lOL Planning Commission 'FnnçmþetÉ¡i fl Ê1å r.o ovAgendá ltem 2 15-5262 Gregg Ave MSP Amend, Page 1 of I RECOMMENDATION: Staff recommends fonruarding ADM l5-5262 to the City Council. FLANN¡NG COMM.|SSION ACTION: Required / Date: Decemþer 14. 2015 tl iabled JforwarOeO ß Denied Motion: Cook :$econd: Hoskins Vote: 8-0-0 Notesr BUDGET/STAFF IMPACT: None ATTACHMENTS:. Request Letter. Site Plan. Ordinance No.4629. One Mile Map¡ Close Up Map Planning Commission G GlETC\Development Services Review\201s\Development Review\1 S5262 ADM (Gregg Ave. Master Street Plan Rååiffil,l''ti"t t Amendment)\03 Planning Comm¡ssion\12-14-2015\Comments and Redlines 15_s262Gregg Ave MSp Amend. Page 2 of 9 Denele Campbell 13251 Green Road Vy'est Fork, AR7Z774 479_839_2475 d enele@windstream.net November 15,2015 City of Fayetteville Planning, Engineering, and Street Departments Re: Gregg Avenue between cente¡ and Meadow // 546 w. center &.541w. Meadow To Whom It May Concem: Beginning the mid-l990s, city personnel in charge of trail construction engaged me in conversation about allowing trail construction along the north-south length of my property at the addresses shown above. I obtained this property as railroad right-of-way, legally described as 50 feet either side of the centerline of the track, meaning the property is 100 feet wide. The west side of the property borders Gregg Avenue for the full block. Initially, the city requested easement to construct the trail (now known as Frisco Trail) along the original rail bed that bisected the property, which would have left me with two unusable 40 foot wide strips of land. While I fully support the concept of city trails, this option made no sense. By 2004, after much discussion and deliberation, I was told by the trail supcrvisor that there were three options for the trail route for this block: down the micldle along the old rail bed, along the west side along Gregg Avenue (which would have obstructed any parking access to existing or future buildings), or along the east property line. At the time, I was trying to develop the property with new mixed use constructiol. As my development plans advanced, I agreed to the east property line route for the trail right of way in exchange for certain concessions from the city. The primary points were that the City would abandon right of way along Gregg and would change street designation of Gregg to alleyway In exchange, I was to provide a pefinanent easement along the east property line that included a utility easement for a new watcr line because the existing line along Gregg would become inaccessible due to limited width. I provicled such easement, which ultimately took about 21Yo of my total property. I received zero remulteration. I've now leamed that at some later point, Gregg was re-designated to a street, which is the current .status. This was done without any notification which would have given me a chance to protest. Even with a 'street' designation, Gregg has not seen attention from the city-no mowing or brush trimming along the edge of the pavement, no ditch cleanout, no maintenance or street cleaning. There's never been a center line painted. All this led me to assume the alley designation remained in force. My belief was further reinforcecl by the placement of my dumpster midblock without an enclosure. Sanitation remarked that an enclosure wasn't required on an alleyway. (This occurr ed in 2012.) Planning Commission December 14,2015 Agenda ltem 2 15-5262 Gregg Ave MSp Amend Page 3 of g My ability to sell the property or to further develop the property is now compromised by the newly-discovered street designation. Required constntction of sidewalks and curb would substantially reduce the remaining usable footprint of my lancl- In consulting with city plaruring personnel, I've learned that the change from alleyway designation came in the process of updating the city's master plan, at which time my property was lumped in without any institutional memory of our agreement. I've also learned that"street classification requires that right-of-way be dedicated if a new project is developed on your propertyJ'The potential loss of land to a future developer through required ROW dedication along Gregg creates an even greater erosion of my original property value. I'd like to add that further loss of my property use resulted from the construction of the city's trail that joins Frisco in front of my property and runs west along Center Street to the campus. Yes, this is in the city's right of way. But the trail traffic impairs access to my property. I gave up a significant portion of my land to accommodate the city's trail system. I expect meaningful consideration from the city in return, not inadvertent yet disastrous changes in what I believed was a perrnanent agreement. I can't 'take back' my part in this, and I'm hoping that with agreement in proper channels, the city will cor¡ect the situation. It's not like that block of Gregg is a thoroughfare. Traffic count is absurdly low. Construction of sidewalks along Gregg would be redundant, given the existence of the trail just a few yards to the east. Please help me out on this. I'd very much appreciate yottr consideration. Sincerely, Denele Campbell Planning Commission December 14,2O15 Agenda ltem 2 15-5262 Gregg Ave MSP Amend. Page 4 of 9 R€irdl@¡€6,k8 sÉflW. Meador I n"r,onoært¡-,r*. 58OW l¡tâaûu / ffiog ¡16¡(LËu9Þ#ilY".*"iã lÄ¡ Fayete Ûl ìl'-'*E', ^,.- * /F-\ - 8m. RobslO.& Pdtitccay 15 l,¡" tl¡oct Faye$arrillo,.Áß 7ä701 R{r LdEs hvæb¡mts, É. P.O. Box 1259 FayelleYillø, AR727U¿ R-{) ffiffi9 Et:ï=}tjf-ì rir:li_:lE--¡ t.l[ll@l +i'-----Jw ' Qåtf"n"* CIVIL / ENVIRONMENTAT ENGINEERING 3715 Eusiness Drive. $fte 202 Fãyeltev¡lle, AR 72703 (d7a)4{'1{171 Lqfr Hi{d cl+4@ *"**:=.;.e.,i___\ts (yL+,bi4 r\ @rry¿1îï1y [-Ageáda ltem 2 15-5262 Gregg Ave MSP Amend. Page 5 of g o ORDINANCE NO.462s AN ORDINANCE APPROVING VAC 04.I178 TOVACATE A PORTION OF THE RICHT OF WAY FORGREGG STREET LOCATED BETWEEN CENTERSTREET AND MEADOW STREET AND RECLASSIFYING THIS SUBJECT zuGHT OF WAY AS AN ALLEY AS DEPICTED ON THE ATTACHED MAP AND LEGAL DESCRIPTION WHEREAS, the City Cou¡rcil has the authority under A.C.A. Sl4-54-104 to vacate public grounds or portions thereofwhich are not required for corporate purposes, and WHEREAS, the Ciry Council has determined that the following described platted right of way is no longer required for corporate purposes, NO\ry, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THB CITY OF F AYETTEVILLE, ARK.A'IIISAS : Section l: That the City of Fayetteville, Arkansas hereby vacates and abandons the following described right 9f way, retaining the use as a public alley See Exhibit uA" attached hereto and made a part hereof. Section 2: That a copy of this Ordinance duly certifted by the City Clerk along with the map attached hereto and labeled Exhibit "8" shall be filed in the oflice of the Recorder of the County and recorded in the Deed Records of the County. PASSED and APPROVED this l9ù dayof Ootober, 2004. ÐY, Mayor rililffi rillüIililrililtüilililffi ililililililililIilililItfliltililfigoc lq:. 00782785000A Tvoei RELBocordedi-11/Ozl2OO4 er OBtSg:gl AllFoo,Añt: 811,00 paq€ I ol 3llashlnoton Countv. ARBottr Stâfioa Clrcult olork F11"2004-00045 I27 Plann¡ng Commission December 14,2015 Agenda ltem 2 15-5262 Gregg Ave MSP Amend. Page 6 of 9 RA SMITH, City Clerk Description We a¡e requesting that a portion of Gregg Street between Center Street and Meadow Street be vacated and that the remaindei of the street be changed to an alley. Gregg Street has always fi.rnctioned more as an alley than as a street. There is very little traffic that uses the street on a regular basis. The properly that was acquired by Ms. Denele Campbell from the railroad was previously a railroad spur that had not been actively used in many years. The legal description of the railroad property overlapped the Gregg Street Right-of-Way along the east side of the ROW. In fact Ms. Campbell's West property line is as much as l8 feet into theGregg Street ROW. The development that is being proposed will require that most of the parking be located under the proposed buildings. In order for this to function it will be necessary to back out of the garage structure on to Gregg Street. úr order for this to be legal the Sheet Row will need to be converted to an alley. Planning Commission Rit,..k¿( zrd;Si:ùi:lo;,0, u 15-5262 Gregg Ave MSP Amend Page 7 of 9 Agenda ltem 2 15-5262 Gregg Ave MSP Amend Page I of I ADM 15-52621 GREGG AVE. MSp AMENDMENT Close Up View 15-5262 Gregg Ave MSP Amend Page 9 of 9