City of Fayetteville, Arkansas

City of Fayetteville, Arkansas

Legislation Text

113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323

File #: 2018-0285, Version: 1

ADM 18-6223 (SE OF COLLEGE AVE. & 9TH ST./9TH ST. COTTAGES):

A RESOLUTION TO APPROVE A LESSER DEDICATION OF 23.5 FEET FROM CENTERLINE RATHER THAN 29.5 FEET FROM CENTERLINE OF COLLEGE AVENUE BECAUSE OF UNDUE HARDSHIP OR PRACTICAL DIFFICULTIES FOR THE LANDOWNER

WHEREAS, ? 166.04 (B)(2)(a) requires "(s)ufficient right-of-way dedication. . . into conformance with the right-of-way requirements of the Master Street Plan. . . "; and

WHEREAS, the property owner of a .17 acre parcel at 800 South College Avenue has created four lots through lot splits on this property and seeks a lesser dedication than normally required to bring the College Avenue right -of-way on her property's side of College Avenue to Master Street Plan requirements; and

WHEREAS, the Planning Department recommended against such lesser dedication, but the Planning Commission recommended in favor of such lesser dedication; and

WHEREAS, the City Council may grant such lesser dedication request upon the applicant's showing of "undue hardship or practical difficulties." ? 166.04 (B)(2)(a) of the U.D.C.

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 determines that requiring the property owner to fully comply with the Master Street Plan's required street right-of-way at this location on South College Avenue would cause undue hardship or practical difficulties and therefore approves the lesser dedication as recommended by the Planning Commission.

City of Fayetteville, Arkansas

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City of Fayetteville Staff Review Form

2018-0285

Legistar File ID

6/5/2018

Garner Stoll Submitted By

City Council Meeting Date - Agenda Item Only

N/A for Non-Agenda Item

5/18/2018

City Planning / Development Services Department

Submitted Date

Division / Department

Action Recommendation:

ADM 18-6223: Administrative Item (SE OF COLLEGE AVE. & 9TH ST./9TH ST. COTTAGES LESSER DEDICATION OF MASTER STREET PLAN RIGHT-OF-WAY, 563): Submitted by FLINTLOCK LTD, INC. for property located at 800 S. COLLEGE AVE. The property is zoned RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE and contains approximately 0.17 acres. The request is for a lesser dedication of Master Street Plan right-of-way.

Budget Impact:

Account Number

Fund

Project Number

Project Title

Budgeted Item? NA

Current Budget

$

Funds Obligated

$

Current Balance

$

Does item have a cost? No

Item Cost

Budget Adjustment Attached? NA

Budget Adjustment

Remaining Budget

$

Must Attach Completed Budget Adjustment!

Previous Ordinance or Resolution #

Original Contract Number:

Approval Date:

Comments:

-

-

V20140710

MEETING OF JUNE 5, 2018

TO:

Mayor and City Council

THRU:

Garner Stoll, Development Services Director

FROM:

Jonathan Curth, Senior Planner Andrew Garner, Planning Director

DATE:

May 18, 2018

SUBJECT:

ADM 18-6223: Administrative Item (SE OF COLLEGE AVE. & 9TH ST./9TH ST. COTTAGES LESSER DEDICATION OF MASTER STREET PLAN RIGHT-OFWAY, 563): Submitted by FLINTLOCK LTD, INC. for property located at 800 S. COLLEGE AVE. The property is zoned RSF-18, RESIDENTIAL SINGLE FAMILY, 18 UNITS PER ACRE and contains approximately 0.17 acres. The request is for a lesser dedication of Master Street Plan right-of-way.

RECOMMENDATION: The City Planning staff recommends denial and the Planning Commission recommends approval of a Master Street Plan amendment for lesser right-of-way dedication on the subject property's College Avenue frontage as shown in Exhibit `A'.

BACKGROUND: The subject property of 0.17 acres is located at 800 South College Avenue on the southeast corner of College and 9th Street within the Walker Park Neighborhood Plan area. This portion of College Avenue adjacent to the subject property is designated as a Collector Street. The street has been improved as a two-lane collector with sidewalk on the west side of the street and approximately 9 feet of greenspace between the street and sidewalk in accordance with the Master Street Plan. The east side of the street does not have sidewalk.

In 2016, this property along with all the other land on the south side of 9th Street and extending southward on to South Washington Street were rezoned by the applicant to RSF-18 to facilitate new residential development. Over the past two years, the applicant has been in the process of redeveloping these parcels from the two single-family dwellings formerly located there in to nine new attached and detached residences. As part of this development process, and with a City cost-share, the applicant completed a public water main extension along the site's 9th Street frontage. The utility easement for this new water main exceeds the required right-of-way dedication on the site's 9th Street frontage by approximately five feet. The applicant is in the process of finalizing development plans on the subject property for development of two new duplexes. After construction, the duplexes are proposed for subdivision into four townhouses. The first phase of the subdivision has been submitted as a lot split (LSP 18-6215).

Request: The applicant has proposed to split the parcel to allow the development discussed above. This lot split requires right-of-way dedication where current right-of-way widths are insufficient to meet the Master Street Plan pursuant to UDC 166.04(B)(2)(a). The applicant proposes to dedicate 23.5 feet from centerline along College Avenue when the Master Street plan requires 29.5 feet from centerline in accordance with the Collector Street cross section.

Analysis: In their request letter, the applicant has noted that right-of-way dedication requirements along College Avenue are arbitrary and capricious. Right-of-way dedication is a typical requirement as codified in the City's Unified Development Ordinance for all land subdivisions where insufficient right-of-way is necessary to accommodate the City's designated Master Street Plan section. The request to calculate right-of-way dedication from the center of the existing right-of-way rather than the street centerline is inconsistent with the City's requirements, and may lead to an inability to make future street improvements associated with College Avenue's 59-foot Collector classification. Specifically, because of higher traffic volumes and speeds, the Collector Street section requires at least nine feet of greenspace between the street and sidewalk instead of the typical six feet on Local Streets. This additional greenspace is needed to ensure pedestrian safety and comfort along these busier roads. The applicant's proposal would reduce the greenspace to six feet, resulting in substandard pedestrian infrastructure along a Collector Street for a development with increased density, in a neighborhood with a high volume of pedestrians.

Regarding the contention that right-of-way dedication should be based on the platted centerline versus the street centerline, it is important to note that College Avenue's existing right-of-way width along the subject property's frontage is a result of the Walker family's dedication in 1990 which allowed for the existing sidewalk and greenspace on the west side of College. By reducing the right-of-way dedication requirement on College's east side, from an area totaling approximately 513 square feet of the subject property to 225 square feet, this will require the City to reduce or eliminate potential street elements, such as bike lanes, sidewalks, or greenspace. Given these considerations, staff does not recognize a hardship associated with the proposal to subdivide and develop the property, and denial of the request is recommended. Further, staff evaluated this entire section of South College Avenue and determined that it does function as a Collector Street and the additional right-of-way is in the long-term interest of Fayetteville residents to accommodate safe and convenient multi-modal transportation.

DISCUSSION: On May 14, 2018, the Planning Commission forwarded this Master Street Plan amendment to the City Council with a recommendation for approval with a vote of 8-1-0, Commissioner Brown dissenting, and Commissioner Niederman recusing.

BUDGET/STAFF IMPACT: None

Attachments: ? Exhibit A ? Planning Commission Staff Report

2

ADM 18-6223

EXHIBIT 'A'

Issue for Permit Application: Issue for Construction:

Revisions: MARK DATE

DESCRIPTION

Area of lesser dedication of right-of-way

200 West Center Street, #4 Fayetteville AR 72701 479 305 4807 main

WWW.

S 89?43'46" W

35.00' (PREV.)

PROPOSED 16' GRAVEL DRIVE

5' B.S.B. & U.E.

S 89?43'46" W

1

9TH STREET ELEVATION

SCALE 1/8" = 1'

9

CURB

C/L

CURB N 00?03'57" E

R/W 49.76' (N.T.S.)

50.52'

N 00?09'47" E 65.27' (PREV.) 60.27' (ADJ.)

5' B.S.B.

9.73'

E:674603.58 N:633204.15

E. 9TH STREET 21' CONCRETE 30' R/W (PLATTED) 43' R/W (M.S.P)

5'-0" 5'-0"

6'-6"

28'

B.S.B.

5'-0"

S 00?09'47" W 49.82'

EX. 20' PLATTED ALLEY

CAP #1005 roof overhang

7'-3" USE EASEMENT

150.28' (N.T.S.)

CAP #1005

LOT 4 = 1300 SF

roof overhang

7'-3" USE EASEMENT

LOT 3 = 1372 SF

5'-0" 4'-0"

520 SF ONE BEDROOM TOWNHOME

MODEL B

SHED

520 SF ONE BEDROOM TOWNHOME

MODEL A

9'-0"

concrete patio

7'-3" USE EASEMENT

roof overhang LOT 2 = 1372 SF

SHED

520 SF ONE BEDROOM TOWNHOME

MODEL B

5'-0" 4'-0"

29'-6" M.S.P. DEDICATION

EXISTING

1920 SF M.S.P.R.W.

FROM STREET CENTERLINE

STREET C.L.

DEDICATION FROM

STREET CENTERLINE (26% OF LOT AREA)

26' EXISTING ASPHALT STREET

roof overhang

CAP #1005

LOT 1 = 1725 SF

29'-6" M.S.P. DEDICATION

FROM R.O.W. CENTERLINE

25' EXISTING R.O.W. CENTERLINE

520 SF ONE BEDROOM TOWNHOME

MODEL A

trellised patio

9'-0"

50' EXISTING RIGHT OF WAY

1685 SF M.S.P.R.W. DEDICATION FROM R.O.W. CENTERLINE (22% OF LOT AREA)

N 00?03'57" E 49.76'

proposed 30" retaining wall

19'-0"

19'-0"

19'-0"

19'-0"

PORCH

ONE CAR RIBBON DRIVEWAY

20'-0"

14'-6"

PORCH

ONE CAR RIBBON DRIVEWAY

20'-0"

14'-6"

PORCH

ONE CAR RIBBON DRIVEWAY

20'-0"

14'-6"

PORCH 20'-0"

ONE CAR RIBBON DRIVEWAY

UTILITY EASEMENT 17'

M.S.P.R.W.

APPROXIMATE LOCATION 6" CIP WATER MAIN

S. COLLEGE AVE. 26' ASPHALT - 40' R/W

APPROXIMATE LOCATION 6" VCP SEWER MAIN

CAP #1266

27'-9116"

150.36' (N.T.S.) N 89?49'58" E

10'-0" C/L

24'-6"

10'-0"

24'-6"

10'-0"

1 PROPOSED SITE PLAN

SCALE 1/8" = 1'

N

24'-3"

10'-0"

5' 15'-10"

Proposed Required

CONTENTS.

FLOOR + ROOF PLANS

DESIGN. DATE. SCALE

DESIGN DEVELOPMENT 2018.3.21

L1.1

C COPYRIGHT FLINTLOCK LTD CO 2016

9TH STREET DEVELOPMENT

S. WASHINGTON & 9TH ST FAYETTEVILLE, AR

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