HomeMy WebLinkAbout145-22 RESOLUTION1133 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 145-22
File Number: 2022-0515
APPROVE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT OF WAY ALONG
NORTH STREET:
A RESOLUTION PURSUANT TO § 166.04(B)(3) OF THE FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO APPROVE THE REQUEST TO NOT DEDICATE ADDITIONAL
RIGHT OF WAY ALONG NORTH STREET FOR A LOT SPLIT ASSOCIATED WITH THE
FIRE STATION #10 PROJECT
WHEREAS, in early 2022, the City of Fayetteville engaged with Washington County and the
administration of the Veterans Affairs facility regarding the potential purchase of land at the northeast
corner of Woolsey and North as the future location of Fire Station #10; and
WHEREAS, a lot split is necessary to create a separate lot for the fire station and the Unified
Development Code requires the dedication of right of way in line with the Master Street Plan and
because of the breadth of the property's frontage along North Street, this could potentially result in
over one acre of property being required for right of way dedication; and
WHEREAS, staff recommends that no right of way be dedicated with the lot split, and further
recommends that any dedication occur with the development of Fire Station #10; and
WHEREAS, the Planning Commission voted unanimously in support of the staff recommendation, to
recommend to the City Council; and
WHEREAS, the City Council has determined that requiring the dedication of right of way along the
entirety of the lot being subdivided exceeds the rough proportionality of the impact of the lot split;
would encroach into elements of the subject property that would limit its use, including drive aisles and
parking spaces serving UAMS Northwest; and at two locations along North Street would result in
Page 1 Printed on 6122122
Resolution: 145-22
File Number.' 2022-0515
existing structures to fall into building setbacks, rendering portions of the structures nonconforming.
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 approves the request to
not dedicate additional right of way along North Street for the Fire Station #10 Project, pursuant to
§ 166.04(B)(3) of the Fayetteville Unified Development Code.
PASSED and APPROVED on 6/21/2022
Attest:
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F
AYErrFYI�
Kara Paxton, City Clerk Treasurer
f7-0 111 0�r
Page 2 Printed on 6122122
ADM-2022-0029
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City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2022-0515
Agenda Date: 6/21/2022 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Resolution
Agenda Number: A.9
APPROVE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT OF WAY ALONG NORTH
STREET:
A RESOLUTION PURSUANT TO § 166.04(B)(3) OF THE FAYETTEVILLE UNIFIED
DEVELOPMENT CODE TO APPROVE THE REQUEST TO NOT DEDICATE ADDITIONAL RIGHT
OF WAY ALONG NORTH STREET FOR A LOT SPLIT ASSOCIATED WITH THE FIRE STATION
#10 PROJECT
WHEREAS, in early 2022, the City of Fayetteville engaged with Washington County and the administration of
the Veterans Affairs facility regarding the potential purchase of land at the northeast corner of Woolsey and
North as the future location of Fire Station #10; and
WHEREAS, a lot split is necessary to create a separate lot for the fire station and the Unified Development
Code requires the dedication of right of way in line with the Master Street Plan and
because of the breadth of the property's frontage along North Street, this could potentially result in over one
acre of property being required for right of way dedication; and
WHEREAS, staff recommends that no right of way be dedicated with the lot split, and further recommends
that any dedication occur with the development of Fire Station #10; and
WHEREAS, the Planning Commission voted unanimously in support of the staff recommendation, to
recommend to the City Council; and
WHEREAS, the City Council has determined that requiring the dedication of right of way along the entirety of
the lot being subdivided exceeds the rough proportionality of the impact of the lot split; would encroach into
elements of the subject property that would limit its use, including drive aisles and parking spaces serving
UAMS Northwest; and at two locations along North Street would result in existing structures to fall into
building setbacks, rendering portions of the structures nonconforming.
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 approves the request to not
dedicate additional right of way along North Street for the Fire Station #10 Project, pursuant to § 166.04(B)(3)
City of Fayetteville, Arkansas Page 1 Printed on 612212022
File Number: 2022-0515
of the Fayetteville Unified Development Code.
City of Fayetteville, Arkansas Page 2 Printed on 6/22/2022
City of Fayetteville Staff Review Form
2022-0515
Legistar File ID
6/21/2022
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 6/3/2022 DEVELOPMENT REVIEW (630)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2022-0029: Administrative Item (1125 N COLLEGE AVE./FIRE STATION #10): Submitted by CITY STAFF for
property located at 1125 N College Ave. The property is zoned P-1, INSTITUTIONAL and contains approximately 3.27
acres. Request for a lesser dedication of Right -Of -Way for Fire Station #10.
Account Number
Project Number
Budgeted Item? No
Does item have a cost? No
Budget Adjustment Attached? No
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost $ -
Budget Adjustment $ -
Remaining Budget
Previous Ordinance or Resolution #
Approval Date:
V20210527
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF JUNE 21, 2022
TO: Mayor; Fayetteville City Council
THRU: Susan Norton, Chief of Staff
FROM: Jonathan Curth, Development Services Director
Josh Boccaccio, Staff Engineer
DATE: June 3, 2022
CITY COUNCIL MEMO
SUBJECT: ADM-2022-0029: Administrative Item (1125 N COLLEGE AVE./FIRE STATION
#10): Submitted by CITY STAFF for property located at 1125 N College Ave. The
property is zoned P-1, INSTITUTIONAL and contains approximately 3.27 acres.
Request for a lesser dedication of Right -Of -Way for Fire Station #10.
RECOMMENDATION:
The Planning Commission and City Planning staff recommend approval of a request for lesser
dedication of right-of-way as described and shown in the attached Exhibits `A' and `B', with
conditions.
This approval does not exempt future development or redevelopment of the overall
property from right-of-way dedication requirements that may be applicable as determined
at the time of application; and
2. Development entitlement of Fire Station #10, whether through large scale development,
small site improvement plan, or building permit shall observe the City's Master Street Plan
either through right-of-way dedication in accordance with that plan, or development layout
in observance of the Master Street Plan and its associated setbacks.
BACKGROUND:
The subject property is in central Fayetteville and includes two Washington County -owned
parcels, 765-13904-000 and 765-13904-001. Combined, the two parcels have street frontage
extending from N. Woolsey Avenue and W. Holly Street to the northwest, all the way southward
to Woolsey's intersection with W. North Street, eastward along North to N. College Avenue, and
back northward along College for approximately 330 feet. All told, the two parcels have almost'/2
mile of public street frontage. Development on the subject property includes multiple structures
that offer various health services, including the University of Arkansas Medical School (UAMS)
Northwest and other medical practices.
In early 2022, The City of Fayetteville engaged with Washington County and the administration
of the adjacent Veterans Affairs facility. At issue was the potential purchase of land at the
northeast corner of Woolsey and North as the future location of Fire Station #10. To create the
property, a lot split is required with review through the City of Fayetteville. During pre -application
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
due diligence, City staff indicated that lot split applications include the requirement for right-of-
way dedication in -line with the City's adopted Master Street Plan. Given the breadth of the subject
property's street frontage, this would result in over one acre of land required as right-of-way
dedication, including areas of off-street parking and drive aisles used at UAMS Northwest for
internal circulation.
Request: City staff request a reduction in right-of-way dedication for the future lot split at the
northeast corner of Woolsey and North for Fire Station #10. Staff proposes no right-of-way be
dedicated with the lot split, instead requiring any necessary dedication occur with development of
Fire Station #10. The request has come forward prior to application to facilitate interjurisdictional
agreements that may require revision.
Public Comment: Staff has not received any public comment on this item.
DISCUSSION:
Unified Development Code section 166.04(B)(2)(a)(i) indicates that a requirement with any lot
split application is to dedicate sufficient right-of-way to meet the Master Street Plan. Where right-
of-way dedication represents a hardship or practical difficulty, an applicant may petition the City
Council, by way of the Planning Commission, for lesser dedication. In evaluating the proposed
Fire Station #10 project and its associated lot split application, staff finds the standard right-of-
way dedication to bear limited relationship to the scope of work and exceed a rough proportionality
of the potential impact. While the property intended for sale to the City will likely see increased
activity when compared to the existing surface parking lot, the larger, remaining County properties
are not proposed for redevelopment or additional development. Accordingly, there is no
anticipated increase in impact from the property remaining with the County, and therefore limited
justification for requiring right-of-way.
Further, the amount of right-of-way, if required to its fullest extent, will represent a significant
portion of the County property. Based on the surrounding Master Street Plan street designations,
with Woolsey as a Residential Link and both North and College as High -Activity Regional Links,
the amount of right-of-way required to observe the Master Street Plan totals approximately 1.34
acres in area, or, put differently, more than 1/10t" of the combined parcels' area.
Lastly, as a matter of ongoing and future use of the County property, requiring right-of-way
dedication in line with the Master Street Plan will encroach into elements of the subject property
that may limit its use, including off-street drive aisles and parking spaces that serve UAMS
Northwest. Additionally, at two locations along W. North Street a full Master Street Plan right-of-
way dedication may cause the existing structures to fall into building setbacks associated with the
P-1, Institutional zoning district underlying the site, rendering portions of the structures
nonconforming.
All told, staff recommends approval of the request, recognizing both the outsized impact of the
right-of-way requirement and the potential for future right-of-way dedication if the current lesser
dedication is approved with the conditions proposed herein. Per the Engineering Division memo
included in the attached Planning Commission staff report, no adverse impacts are anticipated on
future City projects by granting this request.
At the May 23, 2022 Planning Commission meeting, Commissioners voted to forward the lesser
dedication of right of way, recommending approval, on the consent agenda. Commissioner Brink
made the motion and Commissioner Garlock provided the second. To date, no public comment
has been offered on the item.
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Exhibit A
• Exhibit B
• Planning Commission Staff Report
ADM-2022-0029
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CITY OF
i
FAYETTEVILLE PLANNING COMMISSION MEMO
ARKANSAS
TO: Fayetteville Planning Commission
THRU: Jessie Masters, Development Review Manager
FROM: Jonathan Curth, Development Services Director
Josh Boccaccio, Staff Engineer
MEETING DATE: May 23, 2022 Updated with PC hearing results from 5/23/2022
SUBJECT: ADM-2022-0029: Administrative Item (1125 N COLLEGE AVE./FIRE
STATION #10): Submitted by CITY STAFF for property located at 1125 N
College Ave. The property is zoned P-1, INSTITUTIONAL and contains
approximately 3.27 acres. Request for a lesser dedication of Right -Of -Way
for Fire Station #10.
RECOMMENDATION:
Staff recommends forwarding ADM-2022-0029 to City Council with a recommendation of
approval, with conditions.
RECOMMENDED MOTION:
"I move to forward ADM-2022-0029 to City Council with a recommendation of approval, with
conditions as outlined by staff."
BACKGROUND:
The subject properties are in central Fayetteville and include two Washington County -owned
parcels, 765-13904-000 and 765-13904-001. Combined, the two parcels have street frontage
extending from N. Woolsey Avenue and W. Holly Street to the northwest, all the way southward
to Woolsey's intersection with W. North Street, eastward along North to N. College Avenue, and
back northward along College for approximately 330 feet. All told, the two parcels have almost'/2
mile of public street frontage. Development on the subject property includes multiple structures
that offer various health services, including the University of Arkansas Medical School (UAMS)
Northwest and other medical practices.
In early 2022, The City of Fayetteville engaged with Washington County and the administration
of the adjacent Veterans Affairs facility to discuss purchasing land at the northeast corner of
Woolsey and North as the future location of Fire Station #10. To create the property, a lot split is
required, with review through the City of Fayetteville. During pre -application due diligence, City
staff indicated that lot split applications include the requirement for right-of-way dedication in -line
with the City's adopted Master Street Plan. Given the breadth of the subject property's street
frontage, this would result in over one acre of land required as right-of-way dedication, including
areas of off-street parking and drive aisles used at UAMS Northwest for internal circulation.
Surrounding land use and zoning is depicted in Table 1.
Planning Commission
May 23, 2022
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 1 of 11
Table 1:
Surrounding Land Use and Zoning
Direction
Land Use
Zoning
North
Fayetteville Veterans Affairs
P-1, Institutional
Campus
Single-family Residential;
RSF-4, Residential Single -Family, 4 Units per Acre;
South
Surface Parking
R-O, Residential Office
UT, Urban Thoroughfare
West
Single -Family Residential;
RSF-4, Residential Single -Family, 4 Units per Acre;
Vacant former) office
NS-G, Neighborhood Services, General
East
Vacant (former hotel);
CS, Community Services
Office and Retail uses
C-2, Thoroughfare Commercial
Proposal: City staff request a reduction in right-of-way dedication for the future lot split at the
northeast corner of Woolsey and North for Fire Station #10. Staff proposes no right-of-way be
dedicated with the lot split, instead requiring any necessary dedication with development of Fire
Station #10. The request has come forward prior to application to facilitate interjurisdictional
agreements that may require revision
Public Comment: Staff has not received any public comment on this item.
DISCUSSION:
Unified Development Code section 166.04(13)(2)(a)(i) indicates that an infrastructure improvement
required with any lot split is to dedicate sufficient right-of-way to meet the Master Street Plan.
Where right-of-way dedication represents a hardship or practical difficulty, an applicant may
petition the City Council, by way of the Planning Commission, for lesser dedication. In evaluating
the proposed Fire Station #10 project and its associated lot split application, staff finds the
standard right-of-way dedication to bear limited rational nexus to the scope of work and exceed
the rough proportionality to the potential impact. While the property intended for sale to the City
will likely see increased activity when compared to the existing surface parking lot, the larger,
remaining County properties are not proposed for redevelopment or additional development.
Accordingly, there is no anticipated increase in impact from the property remaining with the
County, and therefore limited justification for requiring right-of-way.
Further, the amount of right-of-way, if required to its fullest extent, will represent a significant
portion of the County property. Based on the surrounding Master Street Plan street designations,
with Woolsey as a Residential Link and both North and College as High -Activity Regional Links,
the amount of right-of-way required to observe the Master Street Plan totals approximately 1.34
acres in area, or, put differently, more than 1/101" of the combined parcels' area.
Lastly, as a matter of ongoing and future use of the County property, requiring right-of-way
dedication in line with the Master Street Plan will encroach into elements of the subject property
that may limit its use, including off-street drive aisles and parking spaces that serve UAMS
Northwest. Additionally, at two locations along W. North Street the existing structures may fall into
building setbacks associated with the P-1, Institutional zoning district underlying the site,
rendering portions of the structures nonconforming.
All told, staff recommends in favor of the request, recognizing both the outsized impact of the
right-of-way requirement and the potential for future right-of-way dedication if the current lesser
dedication is approved with the conditions proposed below. Per the attached Engineering Division
Planning Commission
May 23, 2022
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 2 of 11
memo describing a review of future, nearby City projects, no adverse impact is anticipated from
granting this request.
RECOMMENDATION: Staff recommends forwarding ADM 2020-0029 to City Council with
a recommendation of approval, with conditions.
1. This approval does not exempt future development or redevelopment of the overall
property from right-of-way dedication requirements that may be applicable as determined
at the time of application; and
2. Development entitlement of Fire Station #10, whether through large scale development,
small site improvement plan, or building permit shall observe the City's Master Street Plan
either through right-of-way dedication in accordance with at plan, or development layout
in observance of the Master Street Plan and its associated setbacks.
PLANNING COMMISSION ACTION: Required YES
Date: May 23, 2022 O Tabled O Approved O Denied
Motion: Brink ❑X FORWARD
Second: Garlock with recommendation of approval
JVote: 7-0-0
BUDGET/STAFF IMPACT:
None.
Attachments:
• Unified Developed Code:
o § 166.04(B)(2)(a)(i) - Required Infrastructure Improvements - Development In
City Limits
• Engineering Division Memo
• County Authorization
• Proposed Lot Split Exhibit
• One Mile Map
• Close-up Map
• Current Land Use Map
Planning Commission
May 23, 2022
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 3 of 11
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; Ord. No. 6166 , §§
Planning Commission
May 23, 2022
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 4 of 11
CITY OF
._ FAYETTEVILLE
ARKANSAS
TO: Jessie Masters, Development Review Manager
THRU: Chris Brown, Public Works Director
FROM: Josh Boccaccio, Staff Engineer
DATE: May 13, 2022
STAFF MEMO
SUBJECT: ADM 2022-0029: Request for a lesser dedication of ROW for Fire Station 10
RECOMMENDATION:
Engineering staff recommends approval ADM 2022-0029.
Background:
In addition to Fire Station #10, the city has 2 projects that are in the vicinity of the county's
property where UAMS Northwest is located. They are the North Street Corridor project which
includes improvements from Garland Ave to Mission Blvd, and the Hwy 71 B Corridor project.
DISCUSSION:
Based on conceptual plans of the North Street Corridor Project, additional right-of-way on the
north side of North St does not need to be acquired for the planned improvements.
The Hwy 71 B Corridor project in this area currently show sidewalks on the west side of College
Ave at back of curb, within existing right-of-way. However, other options for sidewalk placement
are being explored and may require additional right-of-way. When the final design and
placement of sidewalk is known, staff will communicate on additional right-of-way needs.
Attachments:
North Street Corridor Exhibit
Hwy 71 B Corridor Exhibit
Mailing Address:
113 W. Mountain Street www.fayetWni@uk fission
Fayetteville, AR 72701 May 23, 2022
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 5 of 11
JOSEPH K.-WOOD 280 North College, Suite 500
County Judge Fayetteville, AR 72701
r ADM-2022-0029
County
OFFICE OF THE COUNTY JUDGE Authorization
WASHINGTON COUNTY, ARKANSAS
May 2, 2022
RE: Consent of Owner
To the Planning Department of the City of Fayetteville:
I, Joseph K. Wood, County Judge of Washington County, do authorize the City Surveyor, Daryl V.
Doyal P.S., to be the representative for the purpose of a lot split for the Fayetteville Fire Station at
the corner of West North St n North Woolsey Avenue.
PIWI 1 I
County
Tele*ne: 479 / 444-1700 • FAX: 479 / 444-1889
Planning Commission
joseph.wood@washingtoncountyar.gov May 23, 2022
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 6 of 11
Consent of Owner Form
PROPERTYOWNER(S) /AUTHORIZED AGENT. By signing below, I/we certify under penalty of perjury
that I am/we are the owner(s) of the property that is the subject of this application and that I/we have
authorized this application and consent to its filing.
PLEASE NOTE:
• Property Owners: Attach additional info/documentation if necessary.
• Authorized Agents: If signing on behalf of a Property Owner, a letter from each Property Owner must be
provided indicating that the agent is authorized to act on their behalf.
Fire Station #10 Northeast corner Woolsey and North
Associated Project (required field)
Property Owner 1:
x Jospeph Wood _ County Jud e - Washington County
Name of person signing [printed] Entity/Company signator legally owns or represents
479-444-1700
Contact mail Contact Phone
F v 280 N. Colleae Ave. ettevi Rf01
r o 2. la ZZ
ate
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Pr perty O n6'r 2: (if needed)
x
Name of person signing [printed] Entity/Company signator legally owns or represents
Contact Email
Mailing Address
Property Owner Signature
Property Owner 3: (if needed)
x
Name of person signing [printed]
Contact Email
Mailing Address
Property Owner Signature
Property Owner 4: (if needed)
x
Name of person signing [printed]
Contact Email
Mailing Address
Property Owner Signature
Contact Phone
Date
Entity/Company signator legally owns or represents
Contact Phone
Date
Entity/Company signator legally owns or represents
Contact Phone
Date
Planning Commission
May 23, 2022
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 7 of 11
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May 23, 2022
jigen .(Fire Station #10)
Page 8 of 11
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 9 of 11
ADM-2022-0029
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IPlanning Co mission
AA._y-..3, 2022
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 10 of 11
Agenda Item 4 ADM-2022-0029 (Fire Station #10)
Page 11 of 11