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Home My WebLink About28-16 RESOLUTIONÆ/#{Yt1:jt'' \ iffiíffiW)W 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 28-16 File Number: 2015-0630 ADM 1s-s266 (NORTH OF 1016 S WASHTNGTON AVE.IHOMES AT WTLLOW BEND): A RESOLUTION TO GRANT COMMLINITY BY DESIGN INCORPORATED'S REQUEST TO DEDICATE A LESSER zuGHT OF WAY OF 33 FEET INSTEAD OF THE NORMAL 50 FEET, TO PLACE A SIDEWALK ADJACENT TO THE CURB WITHOUT THE NORMAL SIX FEET OF GREENSPACE AND TREE PLANTING AREA BY FINDING THAT OTI{ERWISE THIS DEVELOPMENT WOULD SUFFER LINDUE HARDSHIP OR PRACTICAL DIFFICULTIES \üHEREAS, the Master Street Plan for residential streets requires a 50 foot right of way with sidewalks placed six feet from the curb to prove for greenspace and the required street trees; and WHEREAS, the City Council may grant a lesser dedication from the Master Street Plan "in the event of undue hardship or practical difficulties." 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 grants Community By Design Incorporated's request to dedicate a lesser right of way of 33 feet instead of the normal 50 feet, to place a sidewalk adjacent to the curb without the normal six feet of greenspace and tree planting area by finding that otherwise this development would suffer undue hardship or practical difficulties. PASSED and APPROVED on l/5/2016 Page 1 Pr¡nted on 1n/16 File Number: 2015-0630 Resolution 28-16 Page 2 Printed on 1n/16 C¡ty of Fayetteville, Arkansas Text File File Number: 2015-0630 1 13 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Agenda Datet 11512016 ln Control: City Council Meeting Agenda Number: C. 3 Vercion: 1 Status: Passed File Type: Resolution ADM 1s-s266 (NORTH OF 1016 S WASHINGTON AVE./HOMES AT WILLOW BEND): A RESOLUTION TO GRANT COMMUNITY BY DESIGN INCORPORATED'S REQUEST TO DEDICATE A LESSER RIGHT OF WAY OF 33 FEET INSTEAD OF THE NORMAL 50 FEET, TO PLACE A SIDEWALK ADJACENT TO THE CURB WITHOUT THE NORMAL SIX FEET OF GREENSPACE AND TREE PLANTING AREA BY FINDING THAT OTHERWISE THIS DEVELOPMENT WOULD SUFFER UNDUE HARDSHIP OR PRACTICAL DIFFICULTIES WHEREAS, the Master Street Plan for residential streets requires a 50 foot right of way with sidewalks placed six feet from the curb to prove for greenspace and the required street trees; and \ilHEREAS, the City Council may grant a lesser dedication from the Master Street Plan "in the event of undue hardship or practical difficulties." 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 grants Communtty By Design Incorporated's request to dedicate a lesser right of way of 33 feet instead of the normal 50 feet, to place a sidewalk adjacent to the curb without the normal six feet of greenspace and tree planting area by finding that otherwise this development would suffer undue hardship or practical difficulties. City of Fayetteviile, Arkansas Page I Pilnted on 1nn016 City of Fayettev¡lle Staff Review Form 201s-0630 Legistar File lD Llsl2oL6 City Council Meeting Date - Agenda ltem Only N/A for Non-Agenda ltem Jeremy Pate 12/18/2O1s City Planning / Submitted By Action Recommendation: ADM L5-5266: Administrative ltem (NORTH OF 101-6 S WASHINGTON AVE./HOMES AT WILLOW BEND, 563): Submitted by COMMUNITY BY DESIGN, lNC. for PROPERTIES NORTH OF 10L6 S. WASHINGTON AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximatelyT.T4 acres. The request is for a variance of the Master Street Plan street cross section for development of the Willow Bend project. 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 Item Cost Budget Adjustment Remaining Budget * Account Number $ v201 4071 0 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF RKANS el A CITY COUNCIL AGTNDA MEMO MEETING OF JANUARY 5, 2OI6 TO: FROM: DATE: SUBJECT: Fayetteville City Council Andrew Garner, City Planning Director December 18,2015 ADM 15-5266: Administrative ltem (NORTH OF 1016 S WASHINGTON AVE./HOMES AT WILLOW BEND, 563): Submitted by COMMUNITY BY DESIGN, lNC. for PROPERTIES NORTH OF 1016 S. WASHINGTON AVE. The properties are zoned NC, NEIGHBORHOOD CONSERVATION and contain approximately 7.74 acres. The request is for a variance of the Master Street Plan street cross section for development of the Willow Bend project. RECOMMENDATION: City staff recommend approval of a Master Street Plan variance for the streets in the Willow Bend project, adopting the cross section found in "Exhibit 1" to the applicant's letter. BACKGROUND: The subject propedy contains approximately 7.74 acres located in the Walker Park Neighborhood east of Washington Avenue, south of 7th Street and west of Wood Avenue. The property is undeveloped and wooded and is zoned NC, Neighborhood Conservation. The property has been planned for several years to be developed for the Willow Bend attainable housing project. This project is being led by the nonprofit Fayetteville Partners for Better Housing. The City of Fayetteville is a partner on the project contributing $1 million to help with street construction. The surrounding land use and zoning is depicted in Table 1. Table 1 5u Land Use and Direction from Site Land Use Zoning North Single family residential NC, Neighborhood Conservation South Two and three family residential DG, Downtown General East Single family residential; Head Start school NC, Neighborhood Conservation West Single family residential NC, Neighborhood Conservation Request: The applicant requests the following variance of the Fayetteville Unified Development Code: UDC Section 166.04(B)(3)(a) and (c). This section of code requires all streets in a new subdivision to be constructed in accordance with the Master Street Plan standards as adopted by City Council. The applicant proposes new streets throughout the Willow Bend project that do not meet the Mailing Address: 113 W. Mountain Streel Fayetteville, AR7270L www.fayetteville-ar.gov Master Street Plan standard for a Local street. The applicant proposes new streets within a 33- foot right-of-way when the. Master Street Plan requires a 5O-foot right of way. Sidewalk for the new streets are proposed at the back of curb instead of providing the typical 6-foot greenspace street tree planting strip between the curb and sidewalk. A copy of the applicant's proposed street cross section and the required Local Street cross section are attached. DISCUSSION: The applicant has índicated that the variance is beneficial to increase the affordability of the homes by reducing the total area of right-of-way that can then be dedicated to residential lots, preserve more trees by reducing the total area of infrastructure construction, and would be preferable to the applicant's overall design. While the proposed street is not the ideal for a traditional residential neighborhood from staffls perspective because it results in a lack of street trees between the curb and sidewalk, the applicant's proposal would meet the minimum fire code requirement and maintain general traffic safety. Trees can be planted behind the sidewalk. Given that the City is a financial partner on this project whose goal is to provide affordable housing, and given that this variance would help further that goal including Goal 6 of City Plan 2030, "We will create oppoftunities for attainable housing.", staff recommends that the City Council approve the variance request, adopting the Exhibit "l" found referenced to the applicant's letter of request. BUDGET/STAFF IMPACT: N/A Attachments:. Local Street Cross Section. r Applicant's letter request. Exhibit "l" Proposed Street Cross Section. Willow Bend Site Plan. Project Maps 12.2.3 LOCAL STREETS provide for a moderate levet of traffic flow and service. They provide access to abutting land uses and provide connections to higher order street ctassifications. Local Urban streets are encouraged in City Neighbor- hood and Urban Center areas as depicted on the Future Land Use Map. Local Urban Streets are atso appropriate for areas that may function as a main street for a neighborhood, offering mixed uses and a pedestrian-friendty environment. LOCAL STREETS have a low to medium [eve[ of access management, with curb cuts permitted every 50 feet. LOCAL STREETS 3a LOCAL: Design Service Votume: Desired Operating Speed: Travel Lanes: Parking: Paved Width: Right of Way: Sidewatks: Greenspace: < 4,000 vpd 20-25 mph One 10' [ane, One 9' lane One 7' lane 27' from face of curb 50' Both sides of street, min. 5'wide, located in R.O.W. at R.O.W. tine Both sides of street, min. ó'wide. May be widened to facititate Low-lmpact Devetopment techniques, subject to approval by City Engineer. ST 45 may substitute for [oca[ street cross-section in an urban condition. Comfnuf1 ttY't ; Y.l ii::: ii ;¡ ì ft?i{ ii,liiiiltÀIlG:--'.: I-=:=-=:i-tt November 4,21)15 Via Hand Delivery Mr. Jeremy Pate Development Services Director City of Fayetteville 125 \tY. Mountain Street Fayetteville, AR7270l RE: The }{ouses at Willow Bend - Street Cross Section Variance Mr. Pate, Thank you for all of your guidance thus far in regards to a proposed street cross sectiolr for the Willow Bend project. On behalf of the PaÍners for Better Housing and the developers of the Willow Bend project, please allow this letter to serve as a request for a variance from the Master Street Plan in order to enable the use of the proposed cross section as show¡r on the attached Exhibit #1. V/ith the proposed cross section the sidewalks are located ai the back of curb, resulting in a reduced right-of-way width. We feel that a variance to allow the use of the section as shown in Exhibit #l would benefìt the project in the following ways: 1 The variance, if granted, woulcl increase the affbrdability of the homes by allowing more houses to be built with the same infrastructure. a. Ths reduced right-of-way width would allow fbr an additional 14 lots since more land would be available to help meet the lot area minimums of the zoning calegory. b. Additionally, infrastructure cost wonld decrease since the reduced right-of-way width requires less di¡t work. 2. The reduced right-of-way width would ultimately create the opportunity to preserve signifìcantly more trees. We feel that this benefit should not be overlookecl since the site is neally I 000/o covered in tree canopy. 3. The reduced right-of-way width should irnprove the overall livability of the neighborhood. a. The reduced width light-of-way would allow homes to be built on both sides of the proposed entrance street that connects frorn Washington. b. The reduced width right-of-way would rnake possible the proposed interior block plan for the site. This block plan establishes pedestrian and vehicular circulation, creates visual interest, and improves the overall connectivity within neighborhood. 4. The recluced right-of-way width would make it possible to achieve horizontal to vertical ratios of 2:1 in the space created by the streets. The smaller, more intimate 2'.1 space is likely preferred by most pedestrians. Vehicles should travel significantly slower in this tighter space regardless of lane widths, making the space safer for pedestrians. Thank you for your consideration ofthese alternatives. Please let me know ifyou have any questions or çoncerns. Sincerely, Page I of I _j ffi_J t0 00 -risfiiuû /:. :!i ii $ 0ï À/,^\Z ".-\ ,,'¡?,i\'f¡,ùr,'4lvj qþ'Ê l! rtt\iV grH sTnEn i3o, Êow Nû'¿òrrrrrórroi f- --- -- 1¡ i I ] . REPRESENTATIVE INFORIVAIION;,----' I ; i åft'r,î,r,^,,. I Ii- rrr.^a.5(,!rdr i : (rn!' re{1:x¡ I | "tt ¡1'-"n DEVELOPER INFOfi [¡ATION +ffi | 1 iH S IBEET t35' &0!1 NOI C0NSì ÂUCÌ€O )-lr- ij*ii ZONING AND SETBACKS I'rl:li - jl rnûhnll-l ."*" i i.U i'll-11l*-!!:i ,t BOUNOARY DESCRIPTION *r$lü,rif,qii"i j,'á iei ':r.l,i,:.,sisr RE\,'SON ' =--où 0ra -'=--=-fu" WILLOW BEND DESIGN DEVELOPIVIENT FAYENEVILLE, WASHINGTON COUNTY, ARKANSAS W OVERALL SI'I€ PLAN SHEET 2 OF 32 HOMES AT WILLOW BEND SUBJECT.PROPERTIES 0 125 250 500 750 1,000 r D e pe RTMENTA L C onnn s p o¡ùDEN cE OprrcE oF THE Crrv ArroRÀrey TO: Mayor ]ordan City Council CC: Andrew Garner, Plarming Director FROM: Kitwilliams, City Attorney Q( DATE: December 27,2015 RE: ADM-15-5266 Andrew Garner has provided you a fine memo discussing Community By Design, Incorporated's request to reduce its normal required street right of way dedication from 50 feet to 33 Íeet (a 34% reduction). The Planning Commission recommended this unanimously. I do want to correct the statement: "The City of Fayetteville is a partner on this project....' Although the City of Fayetteville through a City Council Resolution has indicated it wishes to help with this attainable housing project by potentially building infrastructure such as its public streets which are normally the developer's responsibility, the City is NOT A PARTNER on this project. Although, the City will try to ensure its One Million Dollar of public infrastructure investment will actually result in lessened costs for home buyers rather than increase revenue for the developer, the City is not a partner in any legal sense with Community By Design, Incorporated. The test you enacted into the UDC to allow a lessened dedication of the Master Street Right of Way must be met in your opinion before such reduction (in this case more than one third) can be authorized. The test Kit Williams Cifu Attorney Blake Pennington As sis tan t City At tor n ey Patti Mulford Paralegal you enacted states that a lesser dedication may be approved by the City Council "in the event of undue hardship or practical difficulties." Normally a reduction in expenses for a developer would not be a showing of "undue hardship" as that would apply to every development going through the City's development process. "Practtcal difficulties" would often be related to building araad in steep terrain or when the land would be squeezed by a river or protected stream. This low lying, flood prone area selected by Communif By DesigR, Incorporated for its Willow Bend project does present increased development issues and costs for infrastructure and buildings and so may quality as "practical difficulties." The City is NOT "a financial partner" on this project. City Plan 2030's sixth Goal "We will create opportunities for attainable housingi' should carry no more weight here than with a private developer's proposal. Please remember that the standard to approve a lesser dedication which was enacted by the City Council and which the City Council must follow is "undue hardship or practical difficulties." The goal of the project under consideration is not mentioned under this UDC code section test and therefore should not be considered, except as it might relate to "undue hardship or practical difficulties." Fayetteville Code of Ordinances (d) Parkland dedication. Parks fees shall be assessed for eâch new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined ¡n Fayetteville Unified Development Code Chapter 166. Said fees shatl be paid pr¡or to issuance of a building permit for construction on the new lot. Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site lmprovement Plan. (a), Dedication of right-of-way. (r) On-sile. Sufficient r¡ght-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance w¡th the righfof-way requ¡rements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision (a) Exemption- Small Site lmprovement Plan applicationsare exempt from this requirement. (ii) Otr-slfe. Off-site right-of-way dedication may be required as needed lo construct off-site street improvements that are required based on the rough proportíonality and rational nexus of the impacts of the project. (üi) Dedications. The City Councit accepts all streets and alleys located in Fayettev¡lle that have been previously approved and accepted as ded¡cations by the (d)Fayetteville Planning CommissioniSubdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city whichhave been approved by theFayettev¡lle Planning Commission/Subdìvision Committee. Monuments and lot slakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards fot Property Boundary Surveys and Plats. Sfreefs. (¡) On-srte. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to ex¡sting city slandards and specifìcations as adopted by the City Council. (ii) Off-sr¡e. Sheet w¡den¡ng and/or new street construction off-site mây be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grad¡ng, base, and paving according to existíng city standards and specifications as adopted by the City Council. (tä) Private street name s,gns. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be requ¡redto install, maintain, repair and replace all private street name signs. Any private street name sign exist¡ng at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. S¡gns shall meet the. standards of the Manual on Uniform Traffic Control Dev¡ces (MUTCD) and shall be installed at all streeUdrive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. Curbs and gutters. (i) On-sile. Curbs and gutters adjacent to the project frontage according to existing city standards a nd specificalions as adopted by the City Council- (iì) Otr-site. Curbs and gutters off-site may be requ¡red to address (b) (3) (c) Commiltee may recomñìäñä a lesser dedication in the event ofundue hardship or pract¡cal diffìculties- Such lesser dedication shall be subject to approval by the CDl66:18