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HomeMy WebLinkAbout175-22 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 175-22 File Number: 2022-0638 DEDICATION OF REDUCED RIGHT OF WAY OF EAST SPARROW CIRCLE: A RESOLUTION PURSUANT TO § 166.04(B)(2) OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO APPROVE THE DEDICATION OF A REDUCED AMOUNT OF RIGHT OF WAY ON EAST SPARROW CIRCLE OF THE CREEKSIDE MEADOWS SUBDIVISION IN WARD 1 TO 22 FEET FROM THE CENTERLINE OF EAST SPARROW CIRCLE, AND TO REDUCE THE MASTER STREET PLAN RIGHT OF WAY DEDICATION REQUIREMENT TO 22 FEET FROM THE CENTERLINE OF THIS PORTION OF EAST SPARROW CIRCLE WHEREAS, the Planning Commission recommends that a lesser dedication be allowed to the owner of property at 961 East Sparrow Circle because the area in question recently received a Letter of Map Reduction (LOMR) from FEMA approving a change in the existing floodplain boundary which will allow additional lots within the approved concurrent plat to be developed; and WHEREAS, the City Council has determined to accept the dedication of 22 feet from the centerline of East Sparrow Circle and to reduce the Master Street Plan right of way dedication requirements for this section of East Sparrow Circle to 22 feet from the centerline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby accepts the offered dedication of right of way along East Sparrow Circle, which has been reduced to 22 feet from the centerline of East Sparrow Circle, as shown in Exhibit A and legally described in Exhibit B to this Resolution, and reduces the Master Street Plan dedication to 22 feet from the centerline of this portion of East Sparrow Circle. Page 1 Printed on 813122 Resolution: 175-22 File Number.' 2022-0638 PASSED and APPROVED on 8/2/2022 Attest: .`tC, ��?!� ref •9�''� 4. • •F G1T Y 0 .SG•�� FAYETTFVILLE: ••a' ► Kara Paxton, City Clerk Treasurer A NSpS.`�.� rrfr/, GT Oi i t a� �~1 Page 2 Printed on 8/3/22 ADM-2022-0037 Close Up View ' ST IN -BUNTP Residential Link Planning Area Fayetteville City Limits 961 E SPARROW CIR EXHIBIT'A' ADM-2022-0037 NS-G 1 C-1 z J W z—STARLING-ST +� Subject Property I i \ RS -s SPA OW CIR F1 M D Feet 0 75 150 300 450 1.2,400 P-1 RSF-8 1-1 Heavy Commercial and Light Industrial 'iti_ 1-2 General Industrial C-1 st Neighborhood Services - Gen, M Neighborhood Conservation 600 AM P-1 EXHIBIT'B' ADM-2022-0037 LOT 13 OF CREEKSIDE MEADOWS, AS PER PLAT RECORD 0024-00000373 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. LOT 19 OF CREEKSIDE MEADOWS, AS PER PLAT RECORD 0024-00000373 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. LOT 23 OF CREEKSIDE MEADOWS, AS PER PLAT RECORD 0024-00000373 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. LOT 26 OF CREEKSIDE MEADOWS, AS PER PLAT RECORD 0024-00000373 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY. ARKANSAS. City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479)575-8323 Text File File Number: 2022-0638 Agenda Date: 8/2/2022 Version: 1 Status: Passed In Control: City Council Meetinq File Type: Resolution Agenda Number: C.1 DEDICATION OF REDUCED RIGHT OF WAY OF EAST SPARROW CIRCLE: A RESOLUTION PURSUANT TO § 166.04(B)(2) OF THE FAYETTEVILLE UNIFIED DEVELOPMENT CODE TO APPROVE THE DEDICATION OF A REDUCED AMOUNT OF RIGHT OF WAY ON EAST SPARROW CIRCLE OF THE CREEKSIDE MEADOWS SUBDIVISION IN WARD 1 TO 22 FEET FROM THE CENTERLINE OF EAST SPARROW CIRCLE, AND TO REDUCE THE MASTER STREET PLAN RIGHT OF WAY DEDICATION REQUIREMENT TO 22 FEET FROM THE CENTERLINE OF THIS PORTION OF EAST SPARROW CIRCLE WHEREAS, the Planning Commission recommends that a lesser dedication be allowed to the owner of property at 961 East Sparrow Circle because the area in question recently received a Letter of Map Reduction (LOMR) from FEMA approving a change in the existing floodplain boundary which will allow additional lots within the approved concurrent plat to be developed; and WHEREAS, the City Council has determined to accept the dedication of 22 feet from the centerline of East Sparrow Circle and to reduce the Master Street Plan right of way dedication requirements for this section of East Sparrow Circle to 22 feet from the centerline. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby accepts the offered dedication of right of way along East Sparrow Circle, which has been reduced to 22 feet from the centerline of East Sparrow Circle, as shown in Exhibit A and legally described in Exhibit B to this Resolution, and reduces the Master Street Plan dedication to 22 feet from the centerline of this portion of East Sparrow Circle. City of Fayetteville, Arkansas Page 1 Printed on 81312022 City of Fayetteville Staff Review Form 2022-0638 Legistar File ID 8/2/2022 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Jonathan Curth 7/15/2022 DEVELOPMENT REVIEW (630) Submitted By Submitted Date Division / Department Action Recommendation: ADM-2022-0037: Administrative Item (961 E. SPARROW CIRCLE, RAUSCH COLEMAN, 603): Submitted by RAUSCH COLEMAN for property located at 961 E SPARROW CIR. in WARD 1. The properties are zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contain approximately 1.18 acres acres total. The request is for lesser dedication of right-of-way along Lots 13, 19, 23, and 26 of the Creekside Meadows subdivision. 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 AUGUST 2, 2022 TO: Mayor; Fayetteville City Council THRU: Susan Norton, Chief of Staff Jonathan Curth, Development Services Director FROM: Jessie Masters, Development Review Manager DATE: July 15, 2022 CITY COUNCIL MEMO SUBJECT: ADM-2022-0037: Administrative Item (961 E. SPARROW CIRCLE, RAUSCH COLEMAN, 603): Submitted by RAUSCH COLEMAN for property located at 961 E SPARROW CIR. in WARD 1. The properties are zoned RSF-8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contain approximately 1.18 acres acres total. The request is for lesser dedication of right-of-way along Lots 13, 19, 23, and 26 of the Creekside Meadows subdivision. RECOMMENDATION: City Planning staff and the Planning Commission recommend approval of a request for lesser dedication of right-of-way as described and shown for associated concurrent plat in the attached Exhibits `A' and `B'. BACKGROUND: The subject property is in south Fayetteville, at the southeast corner of E. 15th Street and S. Morningside Drive. The lots in question are a part of the Creekside Meadows Subdivision, which was final platted in 2021 (FPL-2021-000006). The area in question recently received a Letter of Map Reduction (LOMR) from FEMA approving a change in the existing floodplain boundary. The property is zoned RSF-8, Residential Single -Family, 8 Units per Acre, and the total acreage of the lots in question is 1.18 acres. An associated concurrent plat was approved by the Planning Commission on June 27, 2022 for the creation of 9 resultant lots from 4 existing. (CCP-2022- 0006). That approval was conditioned upon the approval of a lesser dedication of right-of-way approval by City Council. Request: The applicant requests a reduction in right-of-way dedication with an associated concurrent plat of 9 residential lots from an existing 4 (lots 13, 19, 23, and 26), which were approved with the final plat of the Creekside Meadows subdivision. Public Comment: Staff has not received any public comment on this item. DISCUSSION: The preliminary plat of the Creekside Meadows subdivision was approved in 2019 (PPL 19-6867, originally known as the Oak Creek subdivision). The proposed lots with the associated concurrent plan were originally found to be located within the floodplain, so were not included at the time of Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 final plat (FPL-2021-000006). Following final plat approval a Letter of Map Revision (LOMR) was issued by the Federal Emergency Management Agency (FEMA) on these lots, allowing the applicant to submit those lots for further subdivision. Unified Development Code section 166.04(B)(4)(a)(i) indicates that an infrastructure improvement required with any concurrent plat 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. At these locations, right-of-way dedication to meet the Residential Link Street requirements of 52 feet, or 26 feet from centerline of the street is required. However, these Master Street Plan cross -sections and standards were updated in early 2020; staff finds that with the recent construction and build out of infrastructure according to previously approved standards, that to require additional right- of-way at this time would qualify as a "practical difficulty" and recommends the lots adhere to the current right-of-way dedicated with the final plat of the Creekside Meadows Subdivision of 44 feet, as indicated on the associated final plats. At the July 11, 2022 Planning Commission meeting, Commissioners voted to forward the item to City Council with a recommendation of approval. The item was included on the consent agenda, with Commissioner Johnson making the motion, and Commissioner Brink seconding; Commissioner Holcomb recused from the consent agenda. No further discussion was made on the item, and no public comment was heard. BUDGET/STAFF IMPACT: N/A Attachments: • Exhibit A • Exhibit B • Planning Commission Staff Report ADM-2022-0037 Close Up View ' ST -BUNTING 1-1 Residential Link r ' Planning Area ! _ _ Fayetteville City Limits 961 E SPARROW CIR z J W =—STARLING-ST 0 Subject Property RSF-8 CIR Feet 0 75 150 300 450 600 1:2,400 EXHIBIT 'A' ADM-2022-0037 P-1 C-i J& NORTH RSF-S 1-1 Heavy Commercial and Light Industrial 1-2 General Industrial M C-1 Neighborhood Services - Gen. Neighborhood Conservation P-1 EXHIBIT 'B' ADM-2022-0037 LOT 13 OF CREEKSIDE MEADOWS, AS PER PLAT RECORD 0024-000DO373 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. LOT 19 OF CREEKSIDE MEADOWS, AS PER PLAT RECORD 0024-000OD373 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. LOT 23 OF CREEKSIDE MEADOWS, AS PER PLAT RECORD 0024-ODD00373 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICIO RECORDER OF WASHINGTON COUNTY, ARKANSAS. LOT 26 OF CREEKSIDE MEADOWS, AS PER PLAT RECORD 0024-00000373 IN THE OFFICE OF THE CIRCUIT CLERK AND EX-OFFICID RECORDER OF WASHINGTON COUNTY, ARKANSAS. CITY OF FAYETTEVILLE %PF ARKANSAS PLANNING COMMISSION MEMO TO: Fayetteville Planning Commission FROM: Jessie Masters, Development Review Manager MEETING DATE: July 11, 2022 Updated with PC hearing results from July 11, 2022 SUBJECT: ADM-2022-0037: Administrative Item (961 E. SPARROW CIRCLE, RAUSCH COLEMAN, 603). Submitted by RAUSCH COLEMAN for property located at 961 E SPARROW CIR. The properties are zoned RSF- 8, RESIDENTIAL SINGLE-FAMILY, 8 UNITS PER ACRE and contains approximately 0.65 acres total. The request is to amend the Master Street Plan dedication requirements for Creekside Meadows. RECOMMENDATION: Staff recommends forwarding ADM-2022-0037 to City Council with a recommendation of approval, with conditions. RECOMMENDED MOTION: "I move to forward ADM-2022-0037 to City Council with a recommendation of approval, with conditions as outlined by staff." BACKGROUND: The subject property is in south Fayetteville, at the southeast corner of E. 15th Street and S. Morningside Drive. The lots in question are a part of the Creekside Meadows Subdivision, which was final platted in 2021 (FPL-2021-000006). The area in question recently received a Letter of Map Reduction (LOM-R) from FEMA approving a change in the existing floodplain boundary. The property is zoned RSF-8, Residential Single -Family, 8 Units per Acre, and the total acreage of the lots in question is 0.65 acres. An associated concurrent plat was approved by the Planning Commission on June 27, 2022 for the creation of 9 resultant lots from 4 existing. (CCP-2022- 0006). That approval was conditioned upon the approval of a lesser dedication of right-of-way approval by City Council. Surrounding land use and zoning is depicted in Table 1. Table 1: Surrounding Zoning and Land Use Direction Land Use Zoning North Single -Family Residential/Undeveloped RSF-8, Residential Single -Family, 8 Units per Acre South Undeveloped RSF-8, Residential Single -Family, 8 Units per Acre East Industrial 1-1, Heavy Commercial and Light Industrial West Undeveloped RSF-8, Residential Single -Family, 8 Units per Acre Proposal: The applicant requests a reduction in right-of-way dedication with an associated concurrent plat of 9 residential lots from an existing 4 (lots 13, 19, 23, and 26), which were approved with the final plat of the Creekside Meadows subdivision. Public Comment: Staff has not received any public comment on this item. Planning Commission July 11, 2022 Agenda Item 2 ADM-2022-0037 (Rausch Coleman) Page 1 of 17 DISCUSSION: The preliminary plat of the Creekside Meadows subdivision was approved in 2019 (PPL 19-6867, originally known as the Oak Creek subdivision). The proposed lots with the associated concurrent plan were originally found to be located within the floodplain, so were not included at the time of final plat (FPL-2021-000006). Following final plat approval a Letter of Map Revision (LOMR) has been issued by the Federal Emergency Management Agency (FEMA) on these lots, allowing the applicant to submit those lots for further subdivision. Unified Development Code section 166.04(B)(4)(a)(i) indicates that an infrastructure improvement required with any concurrent plat 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. At these locations, right-of-way dedication to meet the Residential Link Street requirements of 52 feet, or 26 feet from centerline of the street is required. However, these Master Street Plan cross -sections and standards were updated in early 2020; staff finds that with the recent construction and build out of infrastructure according to previously approved standards, that to require additional right- of-way at this time would qualify as a "practical difficulty" and recommends the lots adhere to the current right-of-way dedicated with the final plat of the Creekside Meadows Subdivision of 44 feet, as indicated on the associated final plats. RECOMMENDATION: Staff recommends forwarding ADM-2022-0037 to City Council with a recommendation of approval, with conditions. 1. All conditions of approval of PPL 19-6867 and subsequent final plats and their subsequent phases remain in effect; 2. All conditions of approval of CCP-2022-0006 remain in effect; 3. Approval of this reduction of required right-of-way dedication does not guarantee approval for associated concurrent plat. PLANNING COMMISSION ACTION: Required YES (Date: July 11, 2022 O Tabled 0 Forwarded O Denied on consent, with a Motion: Johnson recommendation of Second: Brink approval. Vote: 7-0-1 Holcomb recused from consent agenda) BUDGET/STAFF IMPACT: None. Attachments: Unified Developed Code: o § 166.04(B)(4)(a)(i) - Required Infrastructure Improvements - Development In City Limits Request Letter Proposed Concurrent Plat Planning Commission July 11, 2022 Agenda Item 2 ADM-2022-0037 (Rausch Coleman) Page 2 of 17 • Recorded Final Plat • One Mile Map • Close-up Map • Current Land Use Map 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. (4) Preliminary/Final/Concurrent Plat, Large Scale Development, Large or Small Site Improvement Plan. (a) Dedication of Right -of -Way. (i) On -Site. Sufficient right-of-way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right-of-way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee 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. (ii) Council Acceptance of Streets and Alleys. 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 , §§1, 2, 4-2-19; Ord. No. 6195, §1, 6-4-19; Ord. No. 6350, §3(Exh. B), 8-18-20; Ord. No. 6426, §1, 4-6-21; Ord. No. 6446 , §8(Exh. C), 6-15-21) Planning Commission July 11, 2022 Agenda Item 2 ADM-2022-0037 (Rausch Coleman) Page 3 of 17 June 2, 2022 Jessie Masters City of Fayetteville 120 W. Mountain Street Fayetteville, AR 72701 RE: Right -of -Way Variance for Creekside Meadows CCP Mrs. Masters, Please accept this letter as a request for a variance to the Master Street Plan right-of-way dedication requirements for Creekside Meadows Subdivision. This subdivision was approved and then developed under the previous Master Street Plan requirements. There were several lots that could not be platted at the time of the original final plat, because the rear of the property was in the flood plain. LOMR's for each lot were recently approved and we have submitted a concurrent plat application to create the lots that were originally shown on the preliminary plat. The new right-of-way standards require additional right-of-way to be dedicated along these lots, even though the right-of-way and street section were approved and developed under the old standard. Sincerely, Jesse Fulcher 479-301-6639 Rausch Coleman 4058 N. College Avenue — Fayetteville, AR 72703 — Office: 479-455-9090 — Fax: 479-455-2026 www.rauschcolemanhomes.com Planning Commission July 11, 2022 Agenda Item 2 ADM-2022-0037 (Rausch Coleman) Page 4 of 17 0 0 0 Lc o d it 14 fL `?alS �b IR V 10 Q�a L—da Q z W to w w LU o _ - w �n w U A - r s M O w $' i �4 O w H O x O a 0 x H Q o N v o m a a j a w a ° w S 5 b � C !IRrs�F?11�16 aRRRq����s�q�q StyIn Planning Commission July 11, 2022 Agenda Item 2 ADM-2022-0037 (Rausch Coleman) Page 5 of 17 `s-ma v \"J � c,sp g o o a a s % o LL Q sew J 02 s— uN o =� Om$ ',5.....'°06 N ®wow PER w 0 Z Ul m a UpV IN z s $ w WF r G e wl l l l l l l l a�W ��£IhiLssc��tSiLiLii'mH TAGG5-5 w 21 ! D S 8 s�8s��ss m r�i iE �i N a too oe� 01 ak Nth �o €5 w?, -JIM = s= W =w Planning Commission July 11, 2022 \ Aqenda Item 2 c,LL 161 g o _� s •O0.1Ailp'"�,m,... o \"J Q sew o a J o o s� �N o =� Om$ ',5.....'°06 M ®wow dam- M ¢ o 2 -_e go Q Z M3 w �o a ZN w U z zf.. 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Neighborhood Conservation P-1 Planning Comm Agenda Item 2 ADM-2022-0037 (Rausch Coleman) Page 16 of 17 ADM-2022-0037 961 E SPARROW C I R A& Current Land Use NORTH 1240.8 eF _ _ _ •Zone - � ^" 1.210.8 " 1208.7 `15TH ST�� A �- Zone A _ r Single -Family Residential Zone A LIMIT ' OF STUDY Industrial Undeveloped ; r Subject Property - f cu 0 C7 Z Zone AE � Undeveloped Zone AE Neighborhood Link FEMA Flood Hazard Data Regional Link - High Activity Unclassified 100-Year Floodplain Residential Link Feet Floodway - - - Trail (Proposed) 0 112.5 225 450 675 900 _i Planning Area Fayetteville City Limits 1:3,600 Planning Commissi n 2 Agenda Item 2 ADM-2022-0037 (Rausch Coleman) Page 17 of 17