HomeMy WebLinkAbout194-19 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 194-19
File Number: 2019-001
ADM 19-6772 (312 E. NORTH ST./THOMPSON):
A RESOLUTION PURSUANT TO § 166.04(B)(2) OF THE FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO APPROVE THE DEDICATION OF A REDUCED AMOUNT OF RIGHT OF
WAY ALONG EAST NORTH STREET TO 33.5 FEET FROM THE CENTERLINE OF NORTH
STREET ASSOCIATED WITH A LOT SPLIT AT 312 EAST NORTH STREET, AND TO REDUCE THE
MASTER STREET PLAN RIGHT OF WAY DEDICATION REQUIREMENT TO 33.5 FEET FROM
THE CENTERLINE OF THIS PORTION OF EAST NORTH STREET
WHEREAS, the Planning Commission voted 8-0 to recommend to the City Council that a lesser
dedication be allowed to the owner of property at 312 East North Street because the applicant's proposal
to split the existing 10,527 square foot lot would trigger the required dedication of right of way in
accordance with Unified Development Code and Fayetteville's Master Street Plan resulting in more than
one-third of the property being dedicated as right of way; and
WHEREAS, City staff is in favor of the variance because the required dedication of more than one-third
of the site exceeds the proportional impact of the lot split and because changes to Fayetteville's
Master Street Plan are currently under review that would result in a downgrade of North Street from an
arterial street to a neighborhood link; and
WHEREAS, the City Council has determined to accept the dedication of 33.5 feet from the centerline
of East North Street and to reduce the Master Street Plan right of way dedication requirements for this
section of East North Street to 33.5 feet from the centerline.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Page 1 Printed on 915119
File Number: 2019-0501
Resolution 194-19
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby accepts the offered dedication
of right of way along East North Street, which has been reduced to 33.5 feet from the centerline of East
North Street associated with a lot split, as shown in Exhibit A and legally described in Exhibit B to this
Resolution, and reduces the Master Street Plan dedication to 33.5 feet from the centerline of this portion of
East North Street.
PASSED and APPROVED on 9/3/2019
Attest:
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Sondra E. Smith, City Clerk Tre�r`;K�
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Page 2 Printed on 915119
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
r' (479) 575-8323
/ Text File
File Number: 2019-0501
Agenda Date: 9/3/2019 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Resolution
Agenda Number: A. 7
ADM 19-6772 (312 E. NORTH ST./THOMPSON):
A RESOLUTION PURSUANT TO § 166.04(B)(2) OF THE FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO APPROVE THE DEDICATION OF A REDUCED AMOUNT OF RIGHT
OF WAY ALONG EAST NORTH STREET TO 33.5 FEET FROM THE CENTERLINE OF NORTH
STREET ASSOCIATED WITH A LOT SPLIT AT 312 EAST NORTH STREET, AND TO REDUCE
THE MASTER STREET PLAN RIGHT OF WAY DEDICATION REQUIREMENT TO 33.5 FEET
FROM THE CENTERLINE OF THIS PORTION OF EAST NORTH STREET
WHEREAS, the Planning Commission voted 8-0 to recommend to the City Council that a lesser dedication be
allowed to the owner of property at 312 East North Street because the applicant's proposal to split the existing
10,527 square foot lot would trigger the required dedication of right of way in accordance with Unified
Development Code and Fayetteville's Master Street Plan resulting in more than one-third of the property being
dedicated as right of way; and
WHEREAS, City staff is in favor of the variance because the required dedication of more than one-third of the
site exceeds the proportional impact of the lot split and because changes to Fayetteville's Master Street Plan
are currently under review that would result in a downgrade of North Street from an arterial street to a
neighborhood link; and
WHEREAS, the City Council has determined to accept the dedication of 33.5 feet from the centerline of East
North Street and to reduce the Master Street Plan right of way dedication requirements for this section of East
North Street to 33.5 feet from the centerline.
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 dedication of
right of way along East North Street, which has been reduced to 33.5 feet from the centerline of East North
Street associated with a lot split, as shown in Exhibit A and legally described in Exhibit B to this Resolution, and
reduces the Master Street Plan dedication to 33.5 feet from the centerline of this portion of East North Street.
City of Fayetteville, Arkansas Page I Printed on 9/5/2019
City of Fayetteville Staff Review Form
2019-0501
Legistar File ID
9/3/2019
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Garner Stoll 8/16/2019 CITY PLANNING (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM 19-6772: Administrative Item (312 E. NORTH ST./THOMPSON, 407): Submitted by QUIN THOMPSON for
property located at 312 E. NORTH ST. The property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.26 acres. The request is for a lesser dedication of Master Street Plan Right-of-way associated with
a lot split.
Budget Impact:
Account Number
Project Number
Budgeted Item? NA Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Remaining Budget
Fund
Project Title
0
Previous Ordinance or Resolution #
Approval Date:
V20180321
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF SEPTEMBER 3, 2019
TO: Mayor; Fayetteville City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
DATE: August 16, 2019
CITY COUNCIL MEMO
SUBJECT: ADM 19-6772: Administrative Item (312 E. NORTH ST./THOMPSON, 407):
Submitted by QUIN THOMPSON for property located at 312 E. NORTH ST. The
property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.26 acres. The request is for a lesser dedication of Master
Street Plan Right-of-way associated with a lot split
RECOMMENDATION:
Planning Commission and staff recommend approval of a request to accept a lesser right-of-way
dedication as depicted in Exhibits 'A' and 'B' with the following conditions:
The lesser dedication of right-of-way shall be in accordance with the proposed Master
Street Plan and Neighborhood Link street section, totaling 33.5 feet from North Street's
centerline; and
2. The lot split currently under review in association with this request shall meet all relevant
and applicable development codes apart from what is requested in this administrative
item.
BACKGROUND:
The subject property is located on the northeast corner of North Street and Waneetah Avenue,
and is currently developed with one single-family dwelling. The parcel was rezoned by the City
Council in January of 2019 from RSF-4, Residential Single -Family, 4 Units per Acre, to NC,
Neighborhood Conservation. North Street along the property's southern frontage is classified as
a Principal Arterial under the currently -adopted Master Street plan.
Request: The applicant proposes to split the existing lot in to two, which requires dedication of
right-of-way in accordance with Unified Development Code and Fayetteville's Master Street Plan.
For the applicant's property, required dedication includes 43.5 feet from the centerline of North
Street with consideration for its classification as a Principal Arterial. Complying with this
requirement will result in approximately 3,800 square feet of the 10,527 -square foot lot, or 36.3%,
being dedicated as right-of-way (see Exhibit 'B'). Accordingly, the applicant proposes to dedicate
33 feet from centerline.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Staff Findings: Staff is supportive of the request for two primary reasons. First, when
considering the amount of property required for dedication, totaling over 1/3 rd of the site, staff
does not feel as though the proportional impact of one additional lot justifies the land area being
required.
Secondly, and perhaps more importantly, the request recognizes staff -proposed changes to
Fayetteville's Master Street Plan that are currently under review. The draft Master Street Plan
recommends downgrading and reclassifying North Street from an Arterial Street to a
Neighborhood Link. Whereas Arterial Streets are intended to carry large volumes of through
traffic, Neighborhood Links act as a bridge between low-volume local streets, and high-volume
arterials. Staff's recommendation to downgrade North Street in the Master Street Plan is based
on a combination of existing and anticipated traffic volumes along with a sensitivity to existing
land uses. When these issues are considered in concert, staff finds that the Principal Arterial
street section is in excess of what Fayetteville needs at this location in the long-term. In the
context of the applicant's proposal, recognizing this downgrade reduces the current required
right-of-way dedication of 43.5 feet from street centerline to 33.5 feet. This reduces the percent
of the lot dedicated from 36.3% to 20.3%.
DISCUSSION:
At the August 12, 2019 Planning Commission meeting, the request was forwarded to the City
Council as a part of the consent agenda with a recommendation of approval and a vote of 8-0-0.
No public comment was made.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
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CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
THRU: Andrew Garner, City Planning Director
FROM: Jonathan Curth, Senior Planner
MEETING DATE: August 12, 2019 (Updated with Planning Commission Results)
SUBJECT: ADM 19-6772: Administrative Item (312 E. NORTH ST., 407): Submitted
by QUIN THOMPSON for property located at 312 E. NORTH ST. The
property is zoned NC, NEIGHBORHOOD CONSERVATION and contains
approximately 0.26 acres. The request is for a reduction to the dedication
of Master Street Plan Right -Of -Way.
RECOMMENDATION:
Staff recommends forwarding ADM 19-6772 to the City Council with a recommendation of
approval, with conditions as recommended by staff.
RECOMMENDED MOTION:
"I move to forward ADM 19-6772 to the City Council with a recommendation of approval and
conditions as recommended by staff."
BACKGROUND:
The subject property is located on the northeast corner of North Street and Waneetah Avenue,
and is currently developed with one single-family dwelling. The parcel was rezoned by the City
Council in January of 2019 from RSF-4, Residential Single -Family, 4 Units per Acre, to NC,
Neighborhood Conservation. North Street along the property's southern frontage is classified as
a Principal Arterial under the currently -adopted Master Street plan. Surrounding land uses are
listed in Table 1.
Table 1
Surroundinq Land Use and Zoninq
Direction from Site
Land Use
Zoning
North
Single family dwelling
RSF-4, Residential Single Family Four Units per Acre
South
Single family dwelling
RSF-4, Residential Single Family Four Units per Acre
East
Single family dwelling
RSF-4, Residential Single Family Four Units per Acre
West
Single family dwelling
RSF-4, Residential Single Family Four Units per Acre
Proposal: The applicant proposes to split the existing lot into two, which requires dedication of
right-of-way in accordance with Unified Development Code and Fayetteville's Master Street Plan.
For the applicant's property, required dedication includes 43.5 feet from the centerline of North
Street with consideration for its classification as a Principal Arterial. Complying with this
requirement will result in approximately 3,800 square feet of the 10,527 -square foot lot, or 36.3%,
being dedicated as right-of-way (see attached Site Plan). Accordingly, the applicant proposes to
dedicate 33 from centerline.
Planning Commission
August 12, 2019
Agenda Item 3
19-6772 Thompson
Page 1 of 12
Public Comment. Staff has received no public comment regarding this request.
DISCUSSION:
Staff is supportive of the request for two primary reasons. First, when considering the amount of
property required for dedication, totaling over 1/311 of the site, staff does not feel as though the
proportional impact of one additional lot justifies the land area being required.
Secondly, and perhaps more importantly, the request recognizes staff -proposed changes to
Fayetteville's Master Street Plan that are currently under review. The draft Master Street Plan
recommends downgrading and reclassifying North Street from an Arterial Street to a
Neighborhood Link. Whereas Arterial Streets are intended to carry large volumes of through
traffic, Neighborhood Links act as a bridge between low-volume local streets, and high-volume
arterials. Staff's recommendation to downgrade North Street in the Master Street Plan is based
on a combination of existing and anticipated traffic volumes along with a sensitivity to existing
land uses. When these issues are considered in concert, staff finds that the Principal Arterial
street section is in excess of what Fayetteville needs at this location in the long-term. In the
context of the applicant's proposal, recognizing this downgrade reduces the current required
right-of-way dedication of 43.5 feet from street centerline to 33.5 feet. This reduces the percent
of the lot dedicated from 36.3% to 20.3%.
RECOMMENDATION: Staff recommends forwarding ADM 19-6772 to the City Council with
a recommendation of approval, with the following conditions as recommended by staff:
Conditions of Approval:
The lesser dedication of right-of-way shall be in accordance with the proposed
Master Street Plan and Neighborhood Link street section, totaling 33.5 feet from
North Street's centerline; and
The lot split currently under review in association with this request shall meet all
relevant and applicable development codes apart from what is requested in this
administrative item.
PLANNING COMMISSION ACTION: Required YES
Date: August 12, 2019 O Tabled M Forward O Denied
Motion: Belden, from the consent agenda.
Second:Johnson
Vote: 8-0-0
Planning Commission
G:\ETC\Development Services Review\20190evelopment Services\19-6772 August 12. 2019
ADM 312 E. North St. (Thompson) 407\03 Planning Commission\08-12-2019 Agenda Item 3
19-6772 Thompson
Page 2 of 12
BUDGET/STAFF IMPACT:
None
Attachments:
• Unified Development Code:
o §166.04(B), Required Infrastructure Improvements — Development in City
Limits
• Request Letter
• Site Plan
• Master Street Plan Maps:
o Adopted with City Plan 2030
o Proposed Draft with City Plan 2040
• Master Street Plan Sections:
o Existing Arterial Street Versus Proposed Neighborhood Link
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
G:\ETC\Development Services Review\2019\Development Services\19-6772 August 12, 2019
ADM 312 E. North St. (Thompson) 407\03 Planning Commission\08-12-2019 Agenda Item 3
19-6772 Thompson
Page 3 of 12
166.04 - Required Infrastructure Improvements - Development In City Limits
(B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing
the following minimum improvements.
(2) Lot Split.
(a) Dedication of Right -of -Way. Sufficient right-of-way dedication, to bring those streets which the Master
Street Plan shows to abut or intersect the property into conformance with the right-of-way requirements
of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning
Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties.
Such lesser dedication shall be subject to approval by the City Council.
(i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been
previously approved and accepted as dedications by the Fayetteville Planning
Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets
and alleys dedicated by developers/owners to the city which have been approved by the
Fayetteville Planning Commission/Subdivision Committee.
(Code 1965, App. C., Art. III, § A(2), (3), Ord. No. 1979, 2-5-74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code
1991, §§ 159.31, 159.32; Ord. No. 4100, § 2 (Ex. A), 6-16-98; Ord. No. 4263, 8-1-00; Ord. No. 4660, 12-21-04; Ord.
No. 5152, 7-15-08; Ord. No. 5271, 9-1-09; Ord. No. 5296, 12-15-09; Ord. No. 5374, 12-21-10; Ord. No. 5523, 9-4-12;
Ord. No. 5570, 03-05-13; Ord. No. 6116 , §1, 11-20-18)
Planning Commission
G:\ETC\Development Services Review\2019\Development Services\19-6772 August 12, 2019
ADM 312 E. North St. (Thompson) 407\03 Planning Commission\08-12-2019 Agenda Item 3
19-6772 Thompson
Page 4 of 12
19-6772
Request
5-13-2019 Letter
Andrew Garner
Director of City Planning
RE: Lot Split Request at 312 E. North Street / APN 765-11852-000
Mr. Garner:
Please consider this parcel for a sub -division. The parent tract is zoned NC, Neighborhood
Conservation and contains 8,120 square feet. Resultant Tracts A and B would contain
approximately 4,505 and 5,992 square feet respectively. Both lots meet minimum requirements
for street frontage and water and sewer service.
We propose a right-of-way dedication of 25' from centerline of Waneetah Avenue in accordance
with the Master Street Plan, and dedication of 33' from centerline of North Street, where the
Master Street plan requires 43 %'. We understand that this would require approval of an
amendment to the Master Street Plan.
Regards,
Quin Thompson
Mary S. Thompson
Planning Commission
August 12, 2019
Agenda Item 3
19-6772 Thompson
Page 5 of 12
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Planning Commission
August 12, 2019
Agenda Item 3
19-6772 Thompson
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ADM19-6772
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