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Home My WebLink About217-19 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 217-19 File Number: 2019-044 LSP 19-6795: (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS): A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL ON THE NON- CONFORMING PARCEL WHEREAS, City staff and the owners of the property located at 2763 North Crossover Road jointly propose to split the 2.11 acre lot into a 1.69 acre parcel which will be retained for the owners' single family dwelling and a non -conforming, land -locked 0.42 acre parcel on which the City intends to construct a portion of the public multi -use Niokaska Creek Trail that will connect Gulley Park to the Razorback Regional Greenway; and WHEREAS, pursuant to § 164.20 of the Unified Development Code, the Fayetteville City Council may, by two-thirds majority vote, approve non -conforming lot split and authorize the construction of vital municipal public facilities. 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, by a two-thirds majority vote, hereby approves the lot split shown on Exhibit A and authorizes the construction of a portion of the Niokaska Creek Trail, which the City Council determines is a vital municipal public facility, on the non- conforming 0.42 acre parcel. Page 1 Printed on 9119119 File Number: 2019-0544 Resolution 217-19 PASSED and APPROVED on 9/17/2019 Page 2 Attest: GLE R K IIIIjII� i `.��.• CITY- M Lisa Branson, Deputy City CleW:c- ;-P/, <<F' r` ''•�'L . qNS PS `. Printed on 9119119 City of Fayetteville, Arkansas 113 West Mountain Street j Fayetteville, AR 72701 (479) 575-8323 Text File -- File Number: 2019-0544 Agenda Date: 9/17/2019 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 14 LSP 19-6795: (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS): A RESOLUTION PURSUANT TO § 164.20 OF THE UNIFIED DEVELOPMENT CODE TO APPROVE A LOT SPLIT FOR PROPERTY LOCATED AT 2763 NORTH CROSSOVER ROAD, AND TO AUTHORIZE THE CONSTRUCTION OF A PUBLIC MULTI -USE TRAIL ON THE NON -CONFORMING PARCEL WHEREAS, City staff and the owners of the property located at 2763 North Crossover Road jointly propose to split the 2.11 acre lot into a 1.69 acre parcel which will be retained for the owners' single family dwelling and a non -conforming, land -locked 0.42 acre parcel on which the City intends to construct a portion of the public multi -use Niokaska Creek Trail that will connect Gulley Park to the Razorback Regional Greenway; and WHEREAS, pursuant to § 164.20 of the Unified Development Code, the Fayetteville City Council may, by two-thirds majority vote, approve non -conforming lot split and authorize the construction of vital municipal public facilities. 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, by a two-thirds majority vote, hereby approves the lot split shown on Exhibit A and authorizes the construction of a portion of the Niokaska Creek Trail, which the City Council determines is a vital municipal public facility, on the non -conforming 0.42 acre parcel. City of Fayetteville, Arkansas Paye 1 Printed on 9119/2019 City of Fayetteville Staff Review Form 2019-0544 Legistar File ID 9/17/2019 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Garner Stoll 8/29/2019 DEVELOPMENT SERVICES (620) Submitted By Submitted Date Division / Department Action Recommendation: LSP 19-6795: Lot Split (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS, 293-294): Submitted by DEVELOPMENT SERVICES DEPARTMENT for properties located at 2763 N. CROSSOVER ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.11 acres. The request is for City Council approval of a non -conforming lot split pursuant to UDC § 164.20 to facilitate construction of a public multi -use trail. Account Number Project Number Budgeted Item? NA Does item have a cost? No Budget Adjustment Attached? NA Budget Impact: Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Fund Project Title Fs - V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF SEPTEMBER 17, 2019 TO: Mayor; Fayetteville City Council THRU: Garner Stoll, Development Services Director FROM: Andrew Garner, City Planning Director Matt Mihalevich, Trails Coordinator DATE: August 28, 2018 CITY COUNCIL MEMO SUBJECT: LSP 19-6795: Lot Split (2763 N. CROSSOVER ROAD/CITY MULTI -USE TRAILS, 293-294): Submitted by DEVELOPMENT SERVICES DEPARTMENT for properties located at 2763 N. CROSSOVER ROAD. The property is zoned R -A, RESIDENTIAL AGRICULTURAL and contains approximately 2.11 acres. The request is for City Council approval of a non -conforming lot split pursuant to UDC § 164.20 to facilitate construction of a public multi -use trail. RECOMMENDATION: Staff recommends approval of a lot split to facilitate a land purchase and construction of a public multi -use trail across the subject property. BACKGROUND: The subject property includes one parcel located at 2763 N. Crossover Road. The parcel is zoned R -A, Residential Agricultural, contains approximately 2.11 acres and is developed with one single- family dwelling built in 1993. The western portion of the property is bisected by Niokaska Creek and is shown on the Active Transportation Plan as the future location of a piece of the Niokaska Multi -use Trail (see attached exhibit). Request: The City proposes to split the applicant's property into two lots as shown on Exhibit W. The western lot (Tract B) would be 0.42 acres and would be a land -locked parcel containing the Niokaska Creek and Trail corridor and is being purchased by the city for $14,886.00. The eastern lot (Tract A) would be 1.69 acres and would retain the property owners' single family dwelling, shop, and driveway access to Crossover Road. The lot split configuration was agreed between the property owner and City staff as part of the negotiation for construction of the trail through this area. The property owner does not want to own the property for the trail. This necessitates a lot split to create a legal lot to be purchased by the City. The proposed Tracts A and B would be non- conforming as neither meet the R -A District bulk and area minimums of 2 acres, and Tract B would not meet the required 200 feet of street frontage. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The proposed lot split creating non -conforming lots is necessary to facilitate construction of a public multi -use trail. Fayetteville Unified Development Code §164.20 allows this type of proposal: Fayetteville Unified Development Code 164.20 Approval Of Vital Municipal Facilities Regardless of any other provision within the Unified Development Code, the City Council after a public hearing and by a two-thirds majority vote may approve a Lot Split, Lot Line Adjustment or other appropriate development action and authorize the construction of a vital municipal facility including, but not limited to: a water storage tank, water or sewer pump station, water or sewer pipelines, fire station, police station, public communications facility and all accessory structures needed for such facilities. The proposed lot split is recommended pursuant to the above referenced code section as necessary for an essential public facility. BUDGET/STAFF IMPACT: N/A Attachments: ■ Exhibit A, Proposed Lot Split • Request Letter • Trails Master Plan ■ Vicinity Maps W 1HO18M N3H31380 (INV NOSVr �3sis CONI 4 � � NOISIAIO �N12i33N1ON3 (INV 3111A3113Ab3 JO.U13 i j ! i SVSN"HV AM� s s� m al- IA3113AVA s 111dS 101 -io l -LID �',,,�► F 8 li u 400 • d o ga M.6 " elt`� Lo <S i3�Fbyt� y 5 Q a 436 IR iiZko�4$=_ S3 a �WrId CFOROAD `54 app iOMMCnt` , .�sds i5' �ffi tloor H �SC3�s8�W15 0 �� r3 a a * tt Q tt cy`gz$€�3$ sr �+ �Yrd„r`�- s� p..1 u Yr 03=�n< yo P ! 41 gg - a su^r at<s9ig��}g S� .. o�lS i.rnaE� r; n, aaa N s°avN^ �ysaa. y GK^.�� is ty� $` �` �<' r�iAg � �{{ t�\ �� ` c t`•��u�2@b$`'�� d �` yzy� �xaYsu"z'€ a �+'b �o'��tl�� iSQSS�otS /ZB,ze \ \...(((\ w 3.ezes.toN�. y � z.wa•< <c�` �� _ �� <qs - � � �r ',Y- �" \\\ m N �� , /0'1• �. \. - or1�119� F o"nc..gza: ar" of �jrl �75 q$� ��s o -� � vq h�•�yC�ti /,� v� r � $��k�<�g� $ �s - ins .mi z 3®G6 p b mz�� gb�Q^� hA S oB z y> �,+t� `< �a�wG$aYs<' "3_ r 'J'o x81`°03`18. 'off So Y«'�, ,f•�o, \ \ � $"yS51<�.i�� `�3i'Zy��`#�$' �� OC P." CITY OF FAYETTEVIL. ARKANSAS August 13th, 2019 Jason & Gretchen Wright 2763 Crossover Road Fayetteville, AR 72703 765-17267-000 RE: Lot Split 19-6795 The City of Fayetteville has been working with property owners to acquire property for the Niokaska Creek Trail that will connect Gulley Park to the Razorback Regional Greenway. Jason and Gretchen Wright own property where the trail is planned and have agreed to sell a 0.419 portion of their property to the City. The property owner prefers to sell the western part of property including the creek instead of creating a multi -use trail easement. A lot split is required for the City to purchase the portion of the Wright's property for the Niokaska Creek Trail as shown on the attached plat. The zoning of this property is R -A and the minimum size for this zoning is 2 acres. The current tract parcel 765-17267-000 is 2.111 acres. The proposed lot split creates Tract "B" at 0.419 acres and the remaining Tract °A" will be 1.692 acres. Once split, Tract "A" will be below the required 2 acres for R -A zoning therefore two non -conforming lots will be created. City Council approval for the non -conforming lots will be requested. Sincerely, Matt Mihalevich, Trails Coordinator Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 CI r "c,eea as FAYPTTEVELt� •� � r � ARKANSAS Mud Crekrail POLKDR - m� To Razorbacks NESToaPL Greenway Q _4 V BRIGHTON Pl O BROOKHAVENOR .''"` u a BIgDIE DR z - Z °k. iii. . z e w MANCHESTER DR'. nIdG ''DEVONSHIRE P w ELAINE AVE Z p v O w o. e Conn -bon hail 'THORNHILL OR c N SHARON ST x• . .r M STUBBLEFI£LD RD.:.. In 2 HAROLD S7 31Oa GHCFM OR 0c, K . �� ORS h� . P L . p 3 Raven Trail ` BRIARCLIFF Si { -----t++2R.L�m'�'• y – s itl � m CHgR�NG i COR LAND ST i ¢ 011, _ 100 foot bridge ETON ST O 1 WARWICK OR 9 `�• URpANGT Tunnel under Old Wire w + (Installed) f i. .. ';;by'i'ROLL:II�rIILLtS �R ..�. f, _. _... OAKCLIFF ST m - N, b m 0 Proposed Lot Split f' DAKS�dgNgq–. ---a jh �& City Purchase F W�kMBPI n � la PIOASSQ?L Ii Htj'L�L£OR rr r.,21 � 'YP µEF1EVO PV � I 'r a p a eDF r 01 u iaEADowcLIFFDR --- pulley — _ = Signalized r Park'•.. N4�Y Ar Xt Niokaska Creek Trail j 1 mile of 12' wide shared use Bike Specific iy NnhasKaC`ee s a ; (2019-2020 Construction) Signal Upgrades ; / o h- ' CENTi1R1( 3 . s6, o '� 10 0.3 miles replace existing old 10 foot wide asphalt trail with Z 12' wide concrete trail / tF RY.DR ! z 0.3 miles of 12' wide shared -use a paved trail through Gulley Park. OAKS LN Legend (Complete) Old Wirei)`�TST \\\ Planned Niokaska Cycle Track Creek Trail (1 Mile) To`rTALL DR Wire C cle Track ,4,9ion Blvd. _ On -Street Bicycle °r suss:a _ 0.9 miles of 9.5' Wide m y o Routes i two way cycletrack with adjacent 5 foot sidewalk GDLDENOAgsDR D Old Wire Cycle Track i east side of Old Wire Rd.!I (0.9 Miles) E I (Under Construction) Future Shared -Use ____. I Paved Trails O O.._......._�_. N.. n: •�I ti ELh,Wo v? 0 0.125 0.25 Existing Shared -Use Paved Trails East Fayetteville Loop August 2019 Niokaska Creek Trail - 2 Miles Old Wire Cycle Track - 0.9 Miles LSP19-6795 Close U/) View WRIGHT R -k RSI -4 Legend { Planning Area Fayetteville City Limits ` - - - Feet Shared Use Paved Trail Trail (Proposed) 0 112.5 225 450 675 900 Building Footprint 1 inch = 300 feet A& NORTH Residential -Agricultural R S F-4 Residential -Office Commercial, Industrial, Residential P-1 LSP 19-6795 One Mile View ROLLING HILLS O p USF- t N N O O kl-I WRIGHT 0.125 0.25 0 5 %files w RD O��RE Q O-' m )ir Y :p ., RP`LI) 0 Subject Property NORTH S\ LERN RD : H loll -23 I 1'- I Zoni��y EXTRACTION --- ' RESIDENTIAL SINGLE-FAMILY 11111E 1 Rx'genllwApriculluim RSF-S COMMERCIAL -l- Vis:_ C--ILegend RRSF-1 :F° IRSF-. C.J RSF1FORM BASED DISTRICTS DPlanning RSF4 FOpa-IntED Area RSF-1s ..11,RESIDENTIAL <Lm MULTI -FAMILY iRi 14w Svn C.mn Fayetteville City Limits RMF. �CR.n,...„S.- NegShared Use Paved Trail`I-NEDZONINGDISTRI------ � F']. ILANNEO ZONING pISTRICi3 Pla �RN'F'0 c.n ... m v,a, R -1w Trail (Proposed) _____ INDUSTRIAL INSTffU710NAL Fay �I-: Ge nm e.nml