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HomeMy WebLinkAboutOrdinance 6364113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6364 File Number: 2020-0751 SPECIALIZED REAL ESTATE GROUP, INC.: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH SPECIALIZED REAL ESTATE GROUP, INC. AS AGENT FOR MARKHAM RESIDENTIAL OWNER, LLC FOR THE CONSTRUCTION OF TRAIL IMPROVEMENTS ALONG MARKHAM ROAD WITH A REFUND IN AN AMOUNT NOT TO EXCEED $68,289.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF THE IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,828.90 WHEREAS, Markham Residential Owner, LLC is developing a subdivision at the west end of West Markham Road; and WHEREAS, in January 2020, the Planning Commission approved the preliminary plat for Markham Hill Subdivision Phase I with a condition of approval requiring the developer to pay a fee in -lieu for the construction of a shared, multi -use trail on West Markham Road's southern right of way; and WHEREAS, the City proposes to enter into an agreement for the developer to construct a section of 10-foot wide concrete trail with a refund from the City in an amount of up to $68,289.00, which represents the estimated cost of improvements that exceed the rough proportionality of the development's impact; and WHEREAS, the recently adopted Active Transportation Plan shows a shared use paved trail to be constructed along the south side of West Markham Road from Razorback Road west to 1-49; and Page 1 Printed on 1017120 Ordinance. 6364 File Number: 2020-0751 WHEREAS, allowing the developer to utilize its own contractors for the construction of a portion of the trail will allow the City to achieve significant savings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the requirements of formal competitive bidding and approves a cost share agreement with Specialized Real Estate Group, Inc. as agent for Markham Residential Owner, LLC for the installation of a 10-foot wide concrete sidewalk along the south side of Markham Road with a refund in in an amount not to exceed $68,289.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further approves a project contingency in the amount of $6,828.90. PASSED and APPROVED on 10/6/2020 Attest: C\.E.R K ,����y•' • CITy%'•�Fy'% �_. v O .n Kara Paxton, City Clerk Treasurer Fq yejT •; m mu". ti 4/VSAS CO Page 2 Printed on 1017120 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 \a i� Text File File Number: 2020-0751 Agenda Date: 10/6/2020 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Ordinance Agenda Number: D. 7 SPECIALIZED REAL ESTATE GROUP, INC.: AN ORDINANCE TO WAIVE FORMAL COMPETITIVE BIDDING AND APPROVE A COST SHARE AGREEMENT WITH SPECIALIZED REAL ESTATE GROUP, INC. AS AGENT FOR MARKHAM RESIDENTIAL OWNER, LLC FOR THE CONSTRUCTION OF TRAIL IMPROVEMENTS ALONG MARKHAM ROAD WITH A REFUND IN AN AMOUNT NOT TO EXCEED $68,289.00 TO BE PAID BY THE CITY OF FAYETTEVILLE FOR THE COST OF THE IMPROVEMENTS THAT EXCEED THE ROUGH PROPORTIONALITY OF THE IMPACT OF THE DEVELOPMENT, AND TO APPROVE A PROJECT CONTINGENCY IN THE AMOUNT OF $6,828.90 WHEREAS, Markham Residential Owner, LLC is developing a subdivision at the west end of West Markham Road; and WHEREAS, in January 2020, the Planning Commission approved the preliminary plat for Markham Hill Subdivision Phase 1 with a condition of approval requiring the developer to pay a fee in -lieu for the construction of a shared, multi -use trail on West Markham Road's southern right of way; and WHEREAS, the City proposes to enter into an agreement for the developer to construct a section of 10-foot wide concrete trail with a refund from the City in an amount of up to $68,289.00, which represents the estimated cost of improvements that exceed the rough proportionality of the development's impact; and WHEREAS, the recently adopted Active Transportation Plan shows a shared use paved trail to be constructed along the south side of West Markham Road from Razorback Road west to I-49; and WHEREAS, allowing the developer to utilize its own contractors for the construction of a portion of the trail will allow the City to achieve significant savings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby determines an exceptional situation exists in which competitive bidding is deemed not feasible or practical and therefore waives the City of Fayetteville, Arkansas page 1 Printed on 101712020 File Number 2020-0751 requirements of formal competitive bidding and approves a cost share agreement with Specialized Real Estate Group, Inc. as agent for Markham Residential Owner, LLC for the installation of a 10-foot wide concrete sidewalk along the south side of Markham Road with a refund in in an amount not to exceed $68,289.00 to be paid by the City of Fayetteville for the cost of improvements that exceed the rough proportionality of the impact of the development, and further approves a project contingency in the amount of $6,828.90. City of Fayetteville, Arkansas Page 2 Printed on 10/7/2020 City of Fayetteville Staff Review Form 2020-0751 Legistar File ID 10/6/2020 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Matt Mihalevich 9/15/2020 ENGINEERING (621) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends approval of this cost share with Specialized Real Estate Group as agent for owner, Markham Residential Owner, LLC to pay $68,289.00 for trail improvements along Markham Road and approve 10% contingency in the amount of $6,828.90. Budget Impact: 4470.800.8820-5809.00 Sales Tax Capital Improvements Account Number Fund 02116.1 Cost Share/ROW/Intersection/Street Calming Project Number Budgeted Item? Yes Does item have a cost? Yes Budget Adjustment Attached? NA Current Budget Funds Obligated Current Balance Item Cost Budget Adjustment Remaining Budget Project Title $ 622,517.60 $ 6,338.92 616,178.68 $ 75,117.90 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Approval Date: Original Contract Number: Comments: CITY OF FAYETTEVILLE ARKANSAS MEETING OF OCTOBER 6TH, 2020 TO: Mayor and City Council THRU: Susan Norton, Chief of Staff Garner Stoll, Development Services Director Chris Brown, City Engineer CITY COUNCIL MEMO FROM: Matt Mihalevich, Trails Coordinator, Engineering Division DATE: September 15, 2020 SUBJECT: 2020-0751 - Cost Share with Specialized Real Estate Group for trail improvements along Markham Road. RECOMMENDATION: Staff recommends approval of this cost share with Specialized Real Estate Group as agent for owner, Markham Residential Owner, LLC to pay $68,289.00 for trail improvements along Markham Road and approve 10% contingency in the amount of $6,828.90. BACKGROUND: In January 2020, the Planning Commission approved PPL 19-6861: Preliminary Plat (West End of Markham Rd./Markham Hill SD, PH. 1, 481) with a condition of approval of a fee in -lieu in the amount of $58,868 for the construction of a shared, multi -use trail on Markham Road's southern right of way. The fee in -lieu was generated because the developer will not make any improvements to the section of Sang Avenue south of Markham Rd. The Planning Commission recommended in favor of fee in -lieu and cost share proposal, finding that the impact of the proposed lots on Sang Avenue will be negligible given their access to a rear alley that connects to Markham Road to the north. There is a recently constructed sidewalk along the south side of Markham Road separated by 5 feet of green space. This sidewalk was constructed prior to the 2019 adoption of the Active Transportation Plan which included a shift of of the trail alignment to Markham Road instead of Halsell Rd. To minimize the impact on the trees south of Markham Road, the plans include removal of this sidewalk to place utilities under. This provided an opportunity to replace this sidewalk with a 10-foot-wide concrete trail through the cost share proposed. The project is moving forward to construction and the developer has agreed to construct the section of trail 10-foot-wide concrete trail along the south side of Markham from the east property line to Sang Avenue. The developer has provided the trail construction cost from the contractor, A -CO -Pavement Services in the amount of $127,157. The fee in -lieu amount of $58,898 will be applied to the overall cost of the trail, leaving $68,289 remaining to be paid by the City through this cost share. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 DISCUSSION: The recently adopted Active Transportation Plan shows a shared use paved trail to be constructed along the south side of Markham Road from Razorback Road west to 1-49 where a future crossing of the interstate will connect this trail to Centennial Park. To work toward completing this important trail connection over time, it is essential that the portion of trail improvements are constructed as adjacent development occurs along the route. With this proposed cost -share, a 10-foot wide shared use paved trail will provide safe passage of trail users in pursuit of the City's goals to support users of all ages and all abilities. BUDGET/STAFF IMPACT: This cost share is funded by the Sales Tax Capital Improvements Fund for Cost Shares. Attachments: Signed Agreement for Cost Share of Trail Improvement Cost Exhibit "A" Cost Share Map and Cost Share Breakdown Planning Commission Memo — January 13th, 2020 N (tail s m: " .♦ �'°� OC s I ■ ■� � ,�, e ' r r AC r S ■■■■■■■■n■■■■■■■r d iWileld�iin.gatojnx'Brri►9aover �YI-Tr ■■eWedington Bridge �■ over l-540Trail ae �. O � ♦ tt1" Future Crossing of 1-49 •A �M. Future Shared -use Owl creek Trail Paved Trail r,... KXJfttain f RdrK h 1 Apts?. 3 a t.. CCentennial Park end i a/ Proposed 900 Linear Foot • 10 foot wide concrete trail by developer through cost share with City Existing Shared -Use Paved Trail Maple Street Cycle Track Proposed Markham Hill Trail Future Shared -Use Paved Trails CITY OF .� FAYETTEVILLE ARKANS ARKANSAS u: Complex R Q: ". Mount Coltttvrt ■■■■■j(f e u s > ■ •.� C t —: Maple Street Cleveldrtd St `erE�err j Cycle Track Proposed = +r�0* Construction Spring 2021 Development ti o a Areaaij (D Douglas St Razor%ack SidepatM Maple Str t ► Ietr�Gk rail ting 10 foot wide Trail, rSt7,:#d;jufn. Markham Road - itNI vER _S!7 Y' 0 F A R k A N G A S N o Oak Ridge Trail • •d N • �. X • 01 ; J 0). r .A• L . Stone st s % •• S: t M�jX= /Q Rarrray :a Markham Hill Trail - 2.4 Miles c • 61111cp r � Bid ' Waiton M Arena °: It4 3 Q v Nildoy l3lvd> F. H. S. j r M.utin loth«t Ktoy h Blvd 0 0.125 0.25 d L Q 3 T ;rt:�i'Y O ti L ity of Fay�ett'eville. AR September 2020 0.5 Miles CONTRACTUAL AGREEMENT FOR COST SHARE OF TRAIL IMPROVEMENT COSTS This Agreement, made and entered into on this 0 day of MVOY' 2020, by and between the City of Fayetteville, Arkansas ("City") and Specialized Real Estate Group, Inc. as agent for owner, Markham Residential Owner, LLC ("SREG"), witnesseth: WHEREAS, SREG has proposed a new residential development, approved along W. Markham Road and N. Cross Ave, and WHEREAS, the SREG is required to pay a fee in -lieu in the amount of $58,868 for the construction of a shared, multiuse trail on Markham Road's southern right-of-way, and WHEREAS, the required fee in -lieu in the amount of $58,868 will be deducted from the overall cost of the trail in the amount of $127,157 leaving $68,289 remaining to be paid by the City of Fayetteville with this cost share agreement, and WHEREAS, SREG has committed to completing this required 10-foot wide trail with 5- foot greenspace and associated improvements according to the City standard for trail construction along their Markham Rd. property frontage, and WHEREAS, trail improvements, which exceed the rough proportionality of impact of the project are necessary along the Markham Rd. property frontage to comply with the Active Transportation Plan and create the beginning of a trail that will connect to the University of Arkansas in the future. WHEREAS, the City of Fayetteville Engineering Division recommends the trail improvements, which exceed the rough proportionality of impact from the development be funded by means of a cost share. NOW, THEREFORE, the City of Fayetteville, Arkansas and SREG agree as follows: 1. The City of Fayetteville, Arkansas agrees to: A. Reimburse SREG for $68,289 which represents the remaining cost after the fee in -lieu is applied to install approximately 900 linear feet of 10-foot concrete trail according to the City trail standard detail, including removal of existing sidewalk, erosion control, fine grading, 2' of select fill with I foot overbuild on each side, 4" class 7 base with 1 foot overbuild on each side, 4" concrete trail with fiber reinforcement, 1 ADA ramp, sod mow strip, shade trees, and installation of lighting including, conduit, wire, power service connections and 3 light pole bases and lights along Markham Rd. as shown in Exhibit "A", attached. Page 1 of 2 B. Payments due to SREG, shall be remitted within sixty (60) days after receipt of valid invoices, and pending successful inspection and acceptance of the completed work by the City of Fayetteville Engineering Division. 2. SREG agrees to: A. Provide the necessary and normal project management, inspection, and testing as necessary to complete the work shown on Exhibit "A", in accordance with the City of Fayetteville Minimum Street Standards, and City Standard Details, both of which are available at http://www.fayctteville-ar.gov/445/Engineering- S12ecs-Details B. Provide a copy of the invoices from the Contractor upon completion and City approval of the trail improvements described in Exhibit "A". C. Pay for the trail improvements of $127,157 (with reimbursement of $68,289 of the cost by the City of Fayetteville). 3. It is further understood that the contract for construction is between SREG and their Contractor and that the City has no contractual obligation with either the Contractor or any agent for SREG. The City's only obligation shall be to participate in a contractual agreement with a not -to -exceed amount of $68,289 for the associated trail improvements. IN AGREEMENT WITH ALL THE TERMS AND CONDITIONS ABOVE, WE SIGN BELOW: SPECIALIZED REAL ESTATE GROUP, INC. AS AGENT FOR OWNER, MARKHAM RESIDENTIAL OWNER, LLC i By: CITY OF FAYETTEVILLE, ATTEST: ATTEST: R k Gam.•'• CITy••QF'% By: By: O '•q Kara Paxton, CityClerk ' F :ems •,9-P � ' %yam' • �I/VSAS Page 2 of 2 %%;°N coo�`���` Notary Acknowledgement State of L K&ASO County of On this the day of , 2020before me, the I- a undersigned notary, personally appeared 4 !"� 1MS known tome (or satisfactorily proven) to be the person whose name is /are subscribed to the within instrument and acknowledged that he/she executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and Official seal. Signalure ofNotan, Public [Seal of Office] My commission expires: / REAL SPECIALIZEDESTATE GROUP Exhibit"A" Memorandum Date: August 27, 2020 To: Matthew Mihalevich — City of Fayetteville Trails Coordinator From: Lawrence Finn — Specialized Real Estate Group Inc. (SREG) Subject: Markham Hill Phase 1— Multi -use Trail Construction Estimate According to application PPL 19-6861: Preliminary Plat — Markham Hill Phase 1, SREG has agreed to construct a Multi -Use Trail (MUT) along the south side of our Markham Road frontage. The MUT will be built to City standards and funded through a cost -share agreement if approved by City Council. The below estimate represents the construction costs for approximately 900 feet of (MUT). The City of Fayetteville Planning Commission has accepted a fee -in -lieu amount of $58,868 for Right of Way improvements to be applied to the cost of the new trail construction. Conditions of the MUT improvements are referenced in the attached plan set exhibit A1.1. Specifications include a 10' wide trail and a 5' green space between the MUT and the street that will be landscaped with shade trees and grass and will include street lighting. Scope includes: 1. Demolition of Existing Sidewalk 2. Erosion Control 3. Subgrade / Sub -base 4. Concrete 4" sidewalk 10' wide S. Handicap Ramp 6. Sod and Street Trees 7. Street Lighting The cost for the work is $127,157 cc: Jonathan Curth; Josh Boccaccio — CoF Jenny Burbidge — EDG Attachments: PPL 19-6861 Trails Coordinator memo 1.9.20 A -CO Services Construction Estimate 8.28.20 Multi -use Trail (plan and section) III PAVEMENT SERVICES Multifamily • Commercial • Residential A -CO Pavement Services 2907 E Joyce Blvd. Ste 2 Exhibit "A" Fayetteville, AR 72703 Project Proposal - Multi Use Trail- Markham Rd Attention: Lawrence Finn Specialized Real Estate Group 15 N. Church Avenue Suite 103 Fayetteville AR 72701 Overview Repair Type Remove old sidewalk and install multi use trail per CoF specs Demolition of exiting sidewalk Erosion Control Fine Grading for trail and utility widening Sub grade, remove spoils and replace with 2' of select fill with 1' over build on each side provide and place 4" CI7 base with 1' overbuild on each side Concrete sidewalk trail 4" with fiber enforced 1 ADA Handicap Ramp Provide and place sod mow strip Install new shade trees in the ROW Install 3 light pole bases and lights Demo and Replace Box Top and Curb Inlet - Demo existing storm box top and re -build to reach ADA Compliance with Trail Construction. - Box Dimensions- 10' 1" x 6' 4" Date August 28, 2020 Valid To September 12, 2020 Quote Number Q000774-2 Quantity Rate Amount 1.00 122,358.00 122, 358.00 1.00 4,799.00 4,799.00 Total 127,157.00 We appreciate the opportunity to provide this proposal and look forward to working with you! Exhibit "A" _ _T� III I I I I I ou nw Txeu e) I I R NvnaN 1 InP I.T 11I II IXO� 'I' •i I 'i�6 I :F 1 � `I � J I �-III •� ,—�_ I � ��II —� ICI �'�� Fi �'l�1 — I y�. I �/1 — J � ti s., li L —JI I � •t 9 '. �, I i �I I I III � � I � � �'• l— �— ,'� `f� f I I III I�I • �1I I i •,-T. I I �-,� III � i III J _ I I _ �I I I' V (�I T�og T tj MARKHAM AVE -STREET IMPROVEMENTS - 5 FT. GREENSPACE 19 FT TRAIL I I z MARKHAM AVE -STREET IMPROVEMENTS - 5 FT. GREENSPACE 19 FT TRAIL SECTION I (LOT 11) Ixo a� - NORTH PPL 19-6861 Markham Rd. ExhibitAl.1 � Q W ai a CL =a EL � y J a' J � = in Q � CO co m co Qsi'O� CL m CL 76 CL d Q � cZ N C � � V W ~ I d m 2 NOT FOR CONSTRUCTION REVISgNS TMR 4 WMIOVEMENTS FXMIRR - U 6wE DATE O � 01.06.20 SNEFT NO EX. /� I " R.Rw.n.E.below. Call naa. you d4 CITY OF FAYETTEVILLE PLANNING COMMISSION MEMO �T ARKANSAS TO: Fayetteville Planning Commission FROM: Jonathan Curth, Development Review Manager Josh Bocaccio, Staff Engineer John Scott, Urban Forester MEETING DATE: January 13, 2020 SUBJECT: PPL 19-6861: Preliminary Plat (WEST END OF MARKHAM RD./MARKHAM HILL SD, PH. I, 481): Submitted by ECOLOGICAL DESIGN GROUP, INC. for properties located WEST OF MARKHAM RD. The properties are zoned C-PZD, COMMERCIAL PLANNED ZONING DISTRICT and contain approximately 10.14 acres. The request is for a preliminary plat of 26 single family lots. RECOMMENDATION: Staff recommends approval of PPL 19-6861, with conditions. RECOMMENDED MOTION: "I move to approve PPL 19-6861, determining: • In favor of the recommended street improvements; • In favor of the proposed variance of street design on Cross, Markham, and Sang; • In favor of the recommended parkland dedication; and • In favor of all other conditions as recommended by staff." NOVEMBER 12, 2019 PLANNING COMMISSION MEETING: On November 12th, the applicant requested the item be tabled to provide the opportunity to review public comment regarding Cross Avenue and staff's recommended street improvements on Markham Road. NOVEMBER 25, 2019 PLANNING COMMISSION MEETING: On November 25t'', the applicant again requested the item be tabled to provide the opportunity to review public comment regarding Cross Avenue and staff's recommended street improvements on Markham Road. DECEMBER 9, 2019 PLANNING COMMISSION MEETING: On December 9th, the Planning Commission tabled the item to allow the applicant additional time to refine proposed street improvements and for staff to evaluate proposed fees in -lieu. BACKGROUND: The subject property includes 10.41 acres of the larger 24.06 acre Pratt Place Inn & Barn commercial planned zoning district (C-PZD). The site is located at the west end of Markham Road, with multiple parcels on both sides of that street, as well as along the east side of Cross Avenue, and along the west side of Sang Avenue. While the larger property is developed with a hotel and events venue, a barn, and several other outbuildings and structures, the subject portion of the property remains undeveloped. In October of 2018, the City Council amended the Pratt Place C- PZD to permit events in association with the inn and barn, and development of single-family dwellings. While large areas of the overall property are heavily vegetated, only the property's southern and western extents fall within the City's Hillside -Hilltop Overlay District (HHOD). Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Land Use and Zoning Direction Land Use Zoning North Undeveloped/Agriculture, Single-family Residential RI-U, Residential Intermediate, Urban; RSF-4, Residential Single-family, 4 Units per Acre South Single-family Residential RSF-4, Residential Single -Family, 4 Units per Acre East Single -Family Dwellings RSF-4, Residential Single -Family, 4 Units per Acre West Undeveloped; Hotel and Event Venue RI-U, Residential Intermediate, Urban, C-PZD, Pratt Place Inn Proposal: The applicant is proposing a 3-phase residential subdivision with 26 single-family lots. As a part of the request, the applicant proposes variances of the Unified Development Code requirement under §166.04(B)(3) to improve adjacent streets in accordance with the Master Street Plan standards. These variances are proposed on street -by -street basis as described below and followed by staffs recommendation. Cross Avenue: The applicant proposes four individual curb cuts along Cross Avenue, including asphalt aprons to the property line, gravel beyond, and placement in-between the existing trees so as to not impact their root zone. o Staff recommends in favor of the request as an alternative to the previous proposal to remove the existing street trees, install on -street parking, and plant additional trees interspersed between spaces. Asphalt aprons and gravel for driveways 18 feet in to a property are not typically permitted by ordinance. Markham Road: The applicant proposes limited improvements to Markham Road, including installation of ribbon curb and restoration of the current ditch on the north side of the street and fee in -lieu of trail construction on the south side o Although it is staffs general preference to provide pedestrian facilities on both sides of a public street, there is recognition of the value in limiting the impact of development on an otherwise heavily -vegetated street frontage. Accordingly, staff recommends in favor of the proposed fee in -lieu for sidewalk construction with the applicant's proposal to pursue a cost -share for construction of a shared multi -use trail on the south side of Markham Road. Given the potential for City cost -share, staff recommends a 10-foot minimum trail width to assure safe passage of trail users in pursuit of the City's goals to support all ages and abilities. Sang Avenue: The applicant proposes no improvement to Sang Avenue along the property's frontage proposed for development. o Staff recommends in favor of this proposal, finding that the impact of the proposed lots on Sang Avenue will be negligible given their access to a rear alley that connects to Markham Road to the north. Adjacent Streets and Rights -of -Way: This property has direct access to Cross and Sang Avenues, and Markham Road. Right -of -Way to be Dedicated: Right-of-way is to be dedicated along the property's Markham and Cross frontages where necessary to comply with the Master Street Plan. Adequate right-of-way GAETC\Development Services Review\2019\Development Services\19-6861 PPL West end of Markham Rd. (Markham Hill SD) 481\03 PC\01-13-2020 currently exists along Sang Avenue to accommodate the varied iterations of the Residential Low - impact (HHOD) street section. Street Improvements: The applicant has proposed the plat in three phases (see attached phasing plan). This includes Phase 1 to include ten lots south of Markham, Phase 2 to include seven lots west of Sang, and Phase 3 to include nine lots north of Markham and east of Cross Avenue. Staff's street improvements correspond to these phases. Phase 1: Staff recommends acceptance of fee in -lieu for a multi -use trail along the south side of the subject property's Markham Road frontage. Staff and the applicant have evaluated the potential for a City cost -share wherein the applicant will construct the trail alongside the property's development provided Council approval of the cost -share. Given the proposed cost -share, staff recommends the trail be at a minimum 10-foot width to accommodate anticipated levels of user traffic. At the Subdivision Committee, comment was made by the applicant about the hardship of widening the trail to the south, rather than widening it towards Markham Road and placing it at the back -of -curb. Staff asserts that widening the trail five feet southward may have limited impact on existing canopy given the proposed installation of utilities in this area and latitude offered by Engineering Division staff to utilize 2:1 slopes where 3:1 may be more typical. Staffs recommendation will allow for a 5-foot greenspace at the back -of -curb between street and trail where street trees may be placed in accordance with ordinance. A site visit verified that the soil depth in the greenspace will permit street planting despite the stormwater infrastructure located underneath. Since Subdivision Committee, the applicant has presented multiple iterations of trail section as it relates to greenspace and proposed utilities. While staff is supportive of locating utilities under the trail, a width of less than 10-foot will compromise the trails capacity as it is extended both eastward and westward, linking the University campus to Markham Hill and ultimately western neighborhoods of Fayetteville. Similarly, a greenspace width of less than 5-foot will compromise the ability to plant the large, shade trees preferred for reducing urban heat island effect. Phase 2: Given the proposal to access lots along Sang Avenue by alley, staff does not recommend improvements along the property's Sang Avenue frontage. Phase 3: Staff does not recommend improvements be made to the property's Cross Avenue frontage unless these may be feasibly constructed without impacted existing street trees. Street improvements to Markham's northern right-of-way are limited to a ribbon curb and restoration of the existing ditch. Block Length/Connectivity: No new streets are proposed with this development. The existing public street network, including Markham, Cross, and Sang will be supplemented by private drives for Lots 1 through 9 and 20 through 26. Water and Sewer System: Public water lines will need to be extended through the development from the adjacent public mains, including an 8-inch water main along Markham, an 8-inch sanitary sewer main along a portion of Cross, and both water and sanitary sewer to lots north of Markham. Additionally, the Utility Department has advised that the current proposal does not necessitate a new water tank, and that health code requirements are being met. Despite this, there are concerns from Utility Department staff that water pressure on two-story homes may limited. GAETC\Development Services Review\2019\Development Services\19-6861 PPL West end of Markham Rd. (Markham Hill SD) 481\03 P001-13-2020 Tree Preservation: Canopy minimum requirement: 25% Existing canopy: 98.1 % Preserved canopy: 46.6% Mitigation required: 0.0 Sq. Ft. Parks: On September 9, 2019, the Parks Recreation and Advisory Board reviewed this project and recommended accepting parkland dedication. Although the specific area to be dedicated has not been determined, Parks staff is coordinating with the applicant to master plan the north side of Markham Hill, which includes a potential soft surface trail corridor, if feasible. Prior to final plat approval, a recorded deed for a minimum of 0.6 acres must be received. Alternatively, fees in - lieu totaling $28,314 are required. Public Comment: Staff has received substantial amounts of public comment on this request, almost uniformly in opposition (attached). While some residents have expressed support for the sensitivity of the proposed development, many more are opposed due to traffic, stormwater, environmental, and archeological concerns. RECOMMENDATION: Staff recommends approval of PPL 19-6861 with the following conditions. Conditions of Approval: 1. Planning Commission determination of street improvements. Staff recommends the following: a. Phase 1: Fee in -lieu in the amount of $58, 868 for construction of a shared, multi- use trail on Markham Road's southern right-of-way; and b. Phase 3: Ribbon curb and ditch restoration along Markham Road's northern right- of-way. The Subdivision Committee recommended in favor of previously -proposed street improvements, including on -street parking on Cross and fee in -lieu on Sang. This proposal has since been revised. 2. Planning Commission determination of variance approvals to not improve street frontages along the proposed area for development per the City's adopted Master Street Plan and to develop gravel driveways along Cross Avenue with asphalt aprons. Staff recommends in favor of the requested variances on Markham, Sang, and Cross per the reasons outlined in this report and under the following conditions: a. Markham Road: Staff supports the requested variance with assessment in -lieu of construction as outlined in Condition #1. The Subdivision Committee recommended in favor of previously -proposed street improvements, including on -street parking on Cross and fee in -lieu on Sang. This proposal has since been revised. 3. Planning Commission determination of parkland dedication or payment of fees -in -lieu. On September 9, 2019, the Parks Recreation and Advisory Board reviewed this project and recommended parkland dedication totaling 0.6 acres as described in this report and the attached Parks Department memo; GAETC\Development Services Review\2019\Development Services\19-6861 PPL West end of Markham Rd. (Markham Hill SD) 481\03 PC\01-13-2020 4. The applicant proposes a reduced 15-foot front setback for Lots 6-9 along Cross Avenue. This is subject to submittal of a C-PZD amendment, review by staff and the Planning Commission, and approval by the City Council; 5. Right-of-way dedication for Markham Road and Cross Avenue to 25 feet from centerline per the Local Street section; 6. Prior to final plat approval, the applicant shall receive access easement from the City of Fayetteville to connect the southern end of the private drive serving Lots 20-26 with the existing water tower access road. In association with dedication of this easement, and prior to final plat approval, the applicant shall improve the existing water tower access road to the satisfaction of the Engineering Division and Utility Department, including a 2- inch overlay; 7. Except along Sang Avenue, street lights shall be installed in accordance with code at all street intersections and spaced no more than every 300 feet; 8. Dwellings with direct access to proposed private drives, including Lots 1-5 and 20-26 shall not be developed with curb cuts directly to adjacent public streets; 9. Conditions of approval from Engineering, Urban Forestry, and Parks Department are included in the official conditions of approval, attached hereto; Standard conditions of approval: 10. All existing overhead utility lines 12kV and under shall be relocated underground. All proposed utilities shall be located underground; 11. Sidewalk along all commonly owned lots (detention ponds, etc.) shall be constructed prior to final plat. All other sidewalks shall be constructed or guaranteed prior to final plat; 12. All street names shall be approved by the 911 Coordinator and indicated on the final plat; 13. All lots shall be labeled with addresses as approved by the 911 Coordinator on the final plat; 14. A floodplain development permit is required prior to construction for any grading or structures in the flood zone; 15. Plat Review and Subdivision comments (to include written staff comments provided to the applicant or his/her representative, and all comments from utility representative: Black Hills Energy, SWBT, Ozarks, SWEPCO, Cox Communication) 16. 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; and 17. Preliminary Plat approval shall be valid for one calendar year. GAETC\Development Services Review\2019\Development Services\19-6861 PPL West end of Markham Rd. (Markham Hill SD) 481\03 P001-13-2020 PLANNING COMMISSION ACTION: Required YES Date: January 13, 2020 O Tabled O Approved O Denied (Motion: ISecond: BUDGET/STAFF IMPACT: None. Attachments: • Unified Development Code: o §166.04(B), Minimum Improvements by Application Type o §172.11 - Driveway And Parking Standards For Four (4) Or Less Parking Spaces • City Engineering comments • Trails Coordinator comments • Urban Forestry comments • Parks and Recreation Advisory Board comments • Revised Variance Request Letter • Cross Avenue Exhibit • Markham Road Exhibit • Proposed Fee In -Lieu • Site Plan • Phasing Plan • Public Comment • One Mile Map • Close-up Map • Current Land Use Map GAETC\Development Services Review\2019\Development Services\19-6861 PPL West end of Markham Rd. (Markham Hill SD) 481\03 PC\01-13-2020