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Home My WebLink About121-21 RESOLUTIONOF FAYErTF. r VR KANSP 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 121-21 File Number: 2021-0267 ADM-2021-028: (3275 N. OAKLAND ZION RD./PIEPENBROK): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING _4 SECTION OF A PLANNED NEIGHBORHOOD LINK CONNECTION ALONG NORTH OAKLAND ZION ROAD AND UPGRADING A SECTION OF EAST BRIDGEWATER LAND FROM A RESIDENTIAL LINK STREET TO A NEIGHBORHOOD LINK STREET WHEREAS, the owner of the property located at 3275 North Oakland Zion Road has requested an amendment to the Master Street Plan to remove a 430 foot section of planned Neighborhood Link Connection that bisects her property; and WHEREAS, the Planning Commission, City staff, and the City Council Transportation Committee have recommended removing the entire approximately 1,500 foot section of planned Neighborhood Link Connection along North Oakland Zion Road and upgrading a section of East Bridgewater Lane between its two intersection points with North Oakland Zion Road from a Residential Link Street to a Neighborhood Link Street. 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 amends the Master Street Plan by removing an approximately 1,500 foot section of a planned Neighborhood Link Connection along North Oakland Zion Road as shown in Exhibit A to the Planning Division's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the Master Street Plan by upgrading the section of East Bridgewater Lane between the two intersection points with Page 1 Printed on 4121121 Resolution: 121-21 File Number: 2021-0267 North Oakland Zion Road from a Residential Link Street to a Neighborhood Link Street as shown in Exhibit A to the Planning Division's agenda memo. PASSED and APPROVED on 4/20/2021 Attest: *0 •G FV�� •�= Kara Paxton, City Clerk Treasurer=z: (E . '14 c %ON ;o; Page 2 Printed on 4121121 . City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Text File File Number: 2021-0267 Agenda Date: 4/20/2021 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: C.2 ADM-2021-028: (3275 N. OAKLAND ZION RD./PIEPENBROK): A RESOLUTION TO AMEND THE MASTER STREET PLAN BY REMOVING A SECTION OF A PLANNED NEIGHBORHOOD LINK CONNECTION ALONG NORTH OAKLAND ?ION ROAD AND UPGRADING A SECTION OF EAST BRIDGEWATER LANE FROM A RESIDENTIAL LINK STREET TO A NEIGHBORHOOD LINK STREET WHEREAS, the owner of the property located at 3275 North Oakland Zion Road has requested an amendment to the Master Street Plan to remove a 430 foot section of planned Neighborhood Link Connection that bisects her property; and WHEREAS, the Planning Commission, City staff, and the City Council Transportation Committee have recommended removing the entire approximately 1,500 foot section of planned Neighborhood Link Connection along North Oakland Zion Road and upgrading a section of East Bridgewater Lane between its two intersection points with North Oakland Zion Road from a Residential Link Street to a Neighborhood Link Street. 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 amends the Master Street Plan by removing an approximately 1,500 foot section of a planned Neighborhood Link Connection along North Oakland Zion Road as shown in Exhibit A to the Planning Division's agenda memo. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends the Master Street Plan by upgrading the section of East Bridgewater Lane between the two intersection points with North Oakland Zion Road from a Residential Link Street to a Neighborhood Link Street as shown in Exhibit A -o the Planning Division's agenda memo. City of Fayetteville, Arkansas Page 1 Printed on 4/21/2021 Jonathan Curth Submitted By City of Fayetteville Staff Review Form 2021-0267 Legistar File ID 4/20/2021 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item 4/2/2021 CITY PLANNING (630) Submitted Date Division / Department Action Recommendation: ADM-2021-000028: Administrative Item (3275 N. OAKLAND ZION RD./PIEPENBROK, 218): Submitted by KIM PIEPENBROK for property located at 3275 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 4.80 acres. The request is an amendment to the Master Street Plan. 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 $ - 0 V20180321 Purchase Order Number: Previous Ordinance or Resolution # Change Order Number: Original Contract Number: Comments: Approval Date: CITY OF • FAYETTEVILLE ARKANSAS MEETING OF APRIL 20, 2021 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: April 2, 2021 CITY COUNCIL MEMO SUBJECT: ADM-2021-000028: Administrative Item (3275 N. OAKLAND ZION RD./PIEPENBROK, 218): Submitted by KIM PIEPENBROK for property located at 3275 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 4.80 acres. The request is an amendment to the Master Street Plan. RECOMMENDATION: Transportation Committee, Planning Commission, and City staff recommend approval of a request to remove a planned Neighborhood Link Connection from the 2040 Master Street Plan as depicted in Exhibits 'A' and 'B'. BACKGROUND: The subject property is east of the city limits in Washington County, within the Fayetteville Planning Area. The property is 4.8 acres and is developed with one single-family dwelling constructed in 1987. The property owner intends to subdivide the property to sell the rear portion of the lot through an administrative lot split (LSP-2020-000038). A lot split was previously approved in 2019 on this property, but was never recorded. Plats are typically required to indicate future Master Street Plan connections, though right-of-way dedication to meet those planned connections is not always required depending on the rough proportionality of the proposal. In this recent resubmission, staff asked the applicant to show the planned connection, but no right-of- way dedication is required in association with the proposal. Request: The applicant requests to have the proposed 2040 Master Street Plan Neighborhood Link Street that bisects 3275 N. Oakland Zion Road in a north/south direction, approximately 430 linear feet, removed from the subject property. Staff Findings: Staff is in support of this proposal, and further recommends to remove the entire connection, approximately 1500 linear feet of proposed roadway. The portion in question was originally adopted in 2007, and was intended to realign the intersection of N. Oakland Zion Road, a Neighborhood Link Street, and E. Bridgewater Lane, a Residential Link Street. Both are currently County right-of-way, though given their location within the Fayetteville Planning Area, have the potential to become City right-of-way in the future. Given the property's current location within Washington County, and lack of immediate adjacency to the City limits, staff does not Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 foresee any City -initiated, near -term realignment of this portion of road. Furt-ier, given the current surrounding land uses of low -density, single-family residential and agricultural, and that future development in the area would be subject to Washington County zoning standards, staff does not find that further development along this proposed corridor would meet the trough proportionality or rational nexus required for a developer to construct the proposed street section. For instance, while recent development to the north of 3275 N. Oakland Zion Road was aligned to accommodate this planned connection, no right-of-way was dedicated' with the associated development since it did not meet the rough proportionality standard. Average daily traffic counts along the existing segment of N. Oakland Zion Road were not readily available. DISCUSSION: At the March 8, 2021 Planning Commission meeting, Commissioners voted to forward the request to the Transportation Committee for consideration with a vote of 7-1-0. Commissioner Hoffman offered the dissenting vote. Commissioners recommended in favor of all conditions as indicated by staff, and further added a condition that the portion of E. Bridgewater Lane between the two intersection points of N. Oakland Zion Road be upgraded from a Residential Link Street to a Neighborhood Link Street. Commissioner Hoffman, the dissenting vote, felt that the connection should stay as is to help meet north/south connectivity concerns from a regional and long-term perspective. Prior to the public hearing, staff received a phone call from a r:eighbor to the north of 3275 N. Oakland Zion Road, who was in opposition to the request, but no other public comment was heard at the meeting. At the March 30, 2021 Transportation Committee meeting, members voted unanimously to forward the item to City Council with a recommendation of approval, with a vote of 3-0-0. The motion was made by Councilwoman Bunch, with a second from Councilwoman Hertzberg. BUDGET/STAFF IMPACT: N/A Attachments: Exhibit A Exhibit B Planning Commission Staff Report 2 ADM-2021-000028 Pie pe,n b ro k DM-2021-00002 Close Up View EXHIBIT 'A' Zo a Y}}�O <!N La RIDGEWATER-LN Q C] o m Z O N Z Subject Property o L Oy�O � r o — Neighborhood Link Feet C-=m Planned Neighborhood Link C-Cm Planned Residential Link 0 112.5 225 450 675 900 1 - - - 1 inch = 300 feet ` - -� Planning Area 2 1 r -a �1 NORTH ADM-2021-000028 P iepen b rok DM-2021-00002 Close Up View EXHIBIT 'A' 0o z ., J; z r 1 Y- r <10 N BRIDGEWATER LN EXHIBIT PROPOSED ? CHANGE. c lx Neighborhood Link Feet G Planned Neighborhood Link OcCo Planned Residential Link 0 112.5 225 450 675 900 �i Planning Area 1 inch = 300 feet �° 1 D ;,NORTH ADM-2021-000028 EXHIBITS', A PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS LOCATED S02-42'00"W 665.71' FIOM A FOUND 2, ALUMINUM MONUMENT MARKING THE NORTHEAST CORNER OF THE SAID FORT( ACRE TRACT, AND RUNNING THENCE S02°42'00"W 302.11', THENCE N86°54'45"W 567.37' TO A FOUND Y2" REBAR, THENCE N44°54'17"W 447.22'TO A FOUND Y." REBAR, THENCE S87-05'31"E 897.64' TO THE POINT OF BEGINNING, CONTAINING IN ALL 5.07 ACRES, MORE OR LESS. SUBJECT TO EASEMENTS AND RIGHTS OF WAY OF RECORD. CITY OF ,IW,, FAYETTEVILLE PLANNING COMMISSION MEMO ARKANSAS TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager Josh Boccaccio, Staff Engineer MEETING DATE: March 8, 2021 Updated with PC hearing results from 3/8/2021 SUBJECT: ADM-2021-000028: Administrative Item (3275 N. OAKLAND ZION RD./PIEPENBROK, 218): Submitted by KIM PIEPENBROK for property located at 3275 N. OAKLAND ZION RD. The property is in the FAYETTEVILLE PLANNING AREA and contains approximately 4.80 acres. The request is an amendment to the Master Street Plan. RECOMMENDATION: Staff recommends forwarding ADM-2021-000028 to the Transportation Committee with a recommendation of approval, with conditions. RECOMMENDED MOTION: "I move to forward ADM-2021-000028 to the Transportation Committee with a recommendation of approval, with conditions." BACKGROUND: The subject property is east of the city limits in Washington County, within the Fayetteville Planning Area. The property is 4.8 acres and is developed with one single-family dwelling constructed in 1987. The property owner intends to subdivide the property to sell the rear portion of the lot through an administrative lot split (LSP-2020-000038). A lot split was previously approved in 2019 on this property, but was never recorded. Plats are typically required to indicate future Master Street Plan connections, though right-of-way dedication to meet those planned connections is not always required depending on the rough proportionality of the proposal. In this recent resubmission, staff asked the applicant to show the planned connection, but no right-of- way dedication is required in association with the proposal. The surrounding land use and zoning is depicted on Table 1. Table 1: Surroundina Land Use and Zonina Direction Land Use Zoning North Undeveloped/Single-Family Residential Washington County; A/SF Res I Unit per Acre South Single -Family Residential Washington County; A/SF Res I Unit perAcre West Undeveloped/Single-Family Residential Washington County; A/SF Res I Unit perAcre East Single -Family Residential/Agricultural Washington County; A/SF Res I Unit perAcre Proposal: The applicant requests to have the proposed 2040 Master Street Plan Neighborhood Link Street that bisects 3275 N. Oakland Zion Road in a north/south direction, approximately 430 linear feet, removed from the subject property. DISCUSSION: Staff supports the applicant's request to remove the proposed 2040 Master Street Plan Planning Commission March 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 1 of 12 Neighborhood Link Street from 3275 N Oakland Zion Road,. and would further recommend to remove the entire connection, approximately 1500 linear feet of proposed roadway. The portion in question was originally adopted in 2007, and was intended to realign the intersection of N. Oakland Zion Road, a Neighborhood Link Street, and E. Bridgewater Lane, a Residential Link Street. Both are currently County right-of-way, though given their location within the Fayetteville Planning Area, have the potential to become City right-of-way in the future. Given the property's current location within Washington County, and lack of immediate adjacency to the City limits, staff does not foresee any City -initiated, near -term realignment of this portion of road. Further, given the current surrounding land uses of low -density, single-family residential and agricultural, and that future development in the area would be subject to Washington County zoning standards, staff does not find that further development along this proposed corridor would meet the rough proportionality or rational nexus required for a developer to construct the proposed street section. For instance, while recent development to the north of 3275 N. Oakland Zion Road was aligned to accommodate this planned connection, no right-of-way was dedicated with the associated development since it did not meet the rough proportionality standard. Average daily traffic counts along the existing segment of N. Oakland Zion Road were not readily available. Public Comment: Staff received a phone call from a property owner to the north of 3275 N. Oakland Zion Road expressing concerns with the request and was in opposition to the proposal. RECOMMENDATION: Staff recommends forwarding ADM-2021-000028 to City Council, with the following conditions. 1. Removal of the entire proposed Neighborhood Link Street connection, approximately 1500 linear feet; 2. Approval of the removal of this planned Master Street Plan connection does not reflect approval of associated lot split or other planned development; associated lot split must be resubmitted addressing any and all other outstanding comments from staff. PLANNING COMMISSION ACTION: Required YES XD FORWARDED Date: March 8. 2021 O Tabled O Approved O Denied Forwarded to Transportation Committee with the following Motion: Winston conditions Second: Brown -All conditions as recommended by staff -Bridgewater Lane be classified as a Neighborhood Link vr0a, 7_1 _n Street between to the points of Oakland Zion Road. BUDGET/STAFF IMPACT: None Attachments: • Engineering Memo • Applicant Request Letter Applicant Proposed Lot Split • 2030 Master Street Plan Exhibit • 2040 Master Street Plan Exhibit • One Mile Map Planning Commission March 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 2 of 12 Masters, Jessica From: Kim Piepenbrok <pieps@cox.net> Sent: Monday, February 8, 2021 8:36 AM To: Masters, Jessica Subject: Letter for City Council and Planning Commission Attachments: Tract Split with Proposed Road 2030-40.pdf Follow Up Flag: Follow up Flag Status: Completed CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Dear Ms Masters - Attached below is my request to the City Council & Planning Commission to remove the proposed road from my survey and the certificate of ownership and dedication. Also, attached is a mocked up version of the proposed road on the existing survey I had done in 2019 and a copy of the City Master Plan 2030-2040 showing this future proposal drawn in red. I included the letter they approved in 2019 which did not require the proposed road drawn on the survey. If you can forward this information to the appropriate people for their consideration I would be forever grateful. If I'm overstepping my boundaries, please forgive me and if you have an address to forward this information, I would be more than happy to send myself. Dear Fayetteville City Council and Planning Commission, I'm writing you today regarding the proposed road being shown on the Master Planning Calendar for 2030-2040 that is cutting directly through my property at 3275 Oakland Zion Road (72703). While I would ultimately love to see it removed from the plan in general, my main request is to simply have it and the certificate of ownership and dedication removed from the current property survey I need completed. When I had previously requested this survey in March 2019, the proposed road did not have to be included on the survey. Now I am being forced by the Planning Commission to include said proposed road on the survey, which is greatly and adversely affecting my ability to sell the property. To recap, I am kindly requesting that City Council and the Planning Commission simply grant me an updated survey without the proposed road and the certificate of ownership and dedication. My property is located outside of city limits, although within the future planning zone and this road isn't even proposed until sometime between 2030 and 2040, if ever even. Out of my S-acre property, I have the back 2.8 acres for sale. It is difficult for me to admit that my reason for selling the property is due -to financial hardship incurred by the loss of my husband and being reduced to one income, with the added burden of taking care of my senior mother, but I am very grateful to currently be under contract with new buyers. This is my second attempt to sell the property. Unfortunately, the first contract was cancelled last month with one week to go before closing because the buyers didn't want to move forward due to having the proposed road drawn on the survey. They were well aware that this could potentially be a future project, but they thought it was too aggressive 1 Planning Commission March 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 5 of 12 for the Planning Commission to request that it be drawn on the survey. They terminated our $235K contract one week before closing, and that was a devastating blow to my family. As I mentioned, I now have new buyers under contract and will have to submit a survey for the tract split approval with City Planning and do not want to have the proposed road on the survey. As mentioned, I am selling these back 2.8 acres due to financial hardship, and this proposed road being placed on the survey is greatly interfering with the right to sell my property and potentially devaluing the appraisal value. The new buyers have seen the Sellers Property Disclosure and have checked the public information on the future proposed City Maps 2030-2040. They are still willing to move forward gut also do not want that proposed road drawn on the survey. I am humbly asking for your help, understanding, and compassion with this situation. I need to sell my property and have multiple buyer's interested, but by putting that proposed road on the survey (even though it may or may not happen in the future), it is causing a negative input and great stress on my family (residents of Fayetteville for 20+ years now). Thank you again for your time and attention to my situation. My family and I are praying for good news and look forward to a favorable decision. 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B 2040 Master Street Plan Exhibit �• ores 1 g € E• 1 1 r `1 i *set, i f, e', M W o; i •Mae ♦� 53*0a0aa0aWa T17 11n Agenda Item 6 ADM-21-000028 Piepenbrok Page 10 of 12 ADM-2021-000028 Piepenbrok Close Up Vi�?vi 0 0 z� Q J Z YO ON BRIDGEWATER LN j__ z O f r� 0 z Q Subject Property —� Y _ a i C Neighborhood Link Feet Planned Neighborhood Link w M Planned Residential Link 0 112.5 225 450 675 9C0 1- - . 1 inch = 300 feet — —� Planning Area A& NORTH Planring Co mission 8, 2021 Agenda Item 6 ADM-21-000028 Piepenbrok Page 11 of 12