Board of Directors

AGENDA SILOAM SPRINGS BOARD OF DIRECTORS SEPTEMBER 1, 2015 WORK SESSION 5:45 - 6:15 PM PUBLIC HEARING 6:15 PM REGULAR BOARD MEETING 6:30 PM ADMINISTRATION BUILDING, 400 N. BROADWAY Work Session: Southside Park Presentation – 5:45 Public Hearing/Right-of-Way Closure -2200 Block N. Inglewood – 6:15 Regular Board of Directors Meeting - 6:30 Opening of Regularly Scheduled Meeting Call to Order Roll Call Prayer Pledge of Allegiance I. Approval of Minutes Regular Meeting of August 18, 2015 II. Public Input Items from the Public not on the Agenda (public may address any City business not listed on the agenda) III. Regularly Scheduled Items Appointments A. Public Facilities Board / Roger Holroyd Ordinances B. Ordinance No. 15-20 / 1st Reading / Amend Section 102-21 of the City Municipal Code / Rezone C-2 to R-3 / 202 E. Harvard / Lowell Jester C. Ordinance No. 15-21 / 1st Reading / Right-of-Way Closure / 2200 Block N. Inglewood / Stone Ridge Addition / Rob Sample Resolutions D. Resolution No. 38-15 / Final Plat Development Permit / 2200 Block N. Hico / Stone Ridge Addition / Rob Sample IV. Staff Reports E. Administrator’s Report • Lake Frances Project V. Directors Reports VI. Adjournment  MINUTES OF THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD AUGUST 18, 2015 The Board of Directors of the City of Siloam Springs, Arkansas, met in regular session at the City of Siloam Springs Administration Building, on August 18, 2015. The Meeting was called to order by M ayor Turner. Roll Call: Johnson, Smiley, Bums, Beers, Jones, Coleman - Present Smith - Absent Phillip Patterson, City Administrator; Jay Williams, City Attorney; Renea Ellis, City Clerk; James Wilmeth, Police Chief; Greg Neely, Fire Chief; all present. Opening prayer was led by Scott Jones. Mayor John Turner led the Pledge of All egiance. A copy of the August 4, 2015, minutes of the regular meeting had previously been given to each Director. A Motion was made by Smiley and seconded by Jones to accept the minutes. Mayor called for a voice vote. Motion passed unanimously. The first agenda item was the Open Hearing for Citizens Present. No one came forward. The next item on the agenda: Approve New Parks Advisory Board Member I Isaac McKinney. Discussion: Don Clark, Community Services Director, briefed the item. A Motion to approve the New Parks Advisory Board Member, Isaac McKinney, for the remainder of 2015 was made by Smiley and seconded by Johnson. Roll Call: Smiley, Bums, Beers, Jones, Coleman, Johnson - Aye. 6 Ayes. No Nays. Motion passed. The next item on the agenda: Approve Citywide Emergency Operations Plan. Discussion: Greg Neely, Fire Chief, and Jim Wilmeth, Police Chief, briefed the item. Don Cundiff, 601 W Tahlequah, asked if this new policy would help with matters like the recent tornado that sat down in Gentry, that there was no warning on. Wilmeth explained the tornado was short-lived and unseen until down. Smiley thanked staff for their work. Johnson also thanked staff. Beers thanked staff and encouraged training across the community. Coleman stated he did not read entire document due to his confidence in the Chiefs and staff. He then thanked them for their efforts. Burns thanked them for keeping us up with the American Standard. A Motion to approve the Citywide Emergency Operations Plan was made by Bums and seconded by Coleman. Board of Directors Meeting Minutes Page I 2 August 18, 2015 Roll Call: Burns, Beers, Jones, Coleman, Johnson, Smiley-Aye. 6 Ayes. No Nays. Motion passed. The next item on the agenda: Approve Agreement I Xpress Solutions, Inc. and Chase Paymentech Contract. Di scussion: Christina Petriches, Finance Director, explained the need for the agreements would be to allow credit card usage with the new software the City was implementing and at various locations within the city and where credit card acceptance hasn't been avai lable in the past. Jones asked how much money will be saved and how the city was being charged. Petriches stated an estimated $17 ,000 a year; and fees were based on volume. A Motion to approve the Agreement with Xpress Solutions, Inc. and the Chase Paymentech Contract was made by Smiley and seconded by Johnson. Roll Call: Beers, Jones, Coleman, Johnson, Smiley, Bums - Aye. 6 Ayes. No Nays. Motion passed. The next agenda item: Ordinance 15-19 I 3rd Reading I Amend Article II of Chapter 82 of the City Municipal Code I Revising Solid Waste Services Rates and Fees I Amended . Discussion: Don Tennison, Solid Waste Supe1intendent, pointed out 2017 date of implementation. Beers asked how to know what the trash schedule is and if trash can get picked up by Ward. Tennison stated new trash guidelines will be provided for public with new bins and he stated pick-up is straight-line. Bums thanked staff for the speedy response to issue of citizen which had been brought to his attention. Coleman thanked Tennison for brining bins to his Block Party as well as Q & A sheets. A Motion to Place Ordinance 15-19 I Amend Article II of Chapter 82 of the City Municipal Code I Revising Solid Waste Services Rates and Fees I as Amended on its third reading, suspending the rules and reading title only, was made by Smiley and seconded by Bums. Roll Call: Jones, Coleman, Johnson, Smiley, Burns, Beers - Aye. 6 Ayes. No Nays. Motion passed. An Ordinance entitled: AN ORDINANCE AMENDING ARTICLE II OF CHAPTER 82 OF THE SILOAM SPRINGS CITY CODE BY REVISING SOLID WASTE SERVICE RA TES AND FEES, PROVIDING PENALTIES FOR NON-PAYMENT, PROVIDING PROCEDURES FOR DISPOSAL OF YARD WASTE, AND FOR OTHER PURPOSES. Was read on its third reading. A Motion to adopt Ordinance 15-19 I Amend Article II of Chapter 82 of the City Municipal Code I Revising Solid Waste Services Rates and Fees I as Amended was made by Smiley and seconded by Jones. Roll Call: Coleman, Johnson, Smiley, Burns, Beers, Jones -Aye. Board of Directors Meeting Minutes Page 13 August 18, 2015 6 Ayes. No Nays. Motion passed. The next agenda item was Resolution 37-15 I Dog Park Grant. Discussion: Don Clark, Community Services Director, briefed item and explained it is a 50% matching grant. Don Cundiff, 601 W. Tahlequah, stated the dog park in his opinion is a high dollar repetition of something we already have. He stated he believed the money could be better served ifreceived. Meredith Bergstrom, 210 E. Franklin, from Main Street Siloam Springs, stated the City was not actually being asked for money, and that the Dog Park Action Committee will raise all the money for the Dog Park that is to be matched. Coleman asked about the possible fiscal impact. Clark stated there was 2 years to raise money and complete the park. Phillip Patterson, City Administrator, explained the need to act now if the money was raised by Action Committee. He stated they believe money will be raised by time allotted and we can refuse the grant if the Board decided later to do so. Smiley asked if the grant would be like past grants and ran through the City. Clark answered yes. Jones asked if we deny the grant, will it affect City in future and how does perpetuity apply. Clark answered his questions. Beers expressed his excitement to see the Action Committee's determination. Beers then asked what "local portion'' means. Jay Williams, City Attorney, explained it is the matching funds and location. Mayor asked if they will match less than $ 150,000. Clark answered yes. Burns stated the City has a diverse community and that the future of Siloam Sp1ings is quality oflife projects and that he supports this 100%. A Motion to Approve Resolution 3 7-15 allowing the City to apply for and obtain a 50150 matching grant from the Arkansas Department of Parks and Tourism for the development of a proposed dog park was made by Smiley and seconded by Burns. Roll Call: Johnson, Smiley, Burns, Beers, Jones, Coleman - Aye. 6 Ayes. No Nays. Motion passed. Administrator' s Report: Phillip Patterson, City Administrator, asked for everyone to come to a consensus on 3/8¢ sales tax. Burns stated he'd like to put it to the people; option " B'' in March. Smiley agrees with option "B" on the March primary. Jones stated he'd like the March primary, and option "B". Mayor then asked if everything stays the same until June. Patterson answered yes, and explained the process. Beers stated clarity to taxpayers will ensure greater success; he then stated he'd like to wait until March. Coleman stated he' d like option '·B" and the March ballot. Patterson stated they will talk with election committee regarding deadlines for getting it on the March ballot. Johnson stated he would like to make sure the verbiage is as clear as possible. Open Hearing of Directors: Mayor then welcomed Steve Beers. Beers stated this role is a big change, and expressed how great this town is. Beers stated how excited he is to be a part of City government. He then stated he is having a meeting at Cafe on Broadway for Ward 1 to discuss any topics the public may have concerns about. Burns welcomed Beers. He then thanked the advisory board members for the work they do for the city. Burns prays the weather doesn ·1 put us in position to experience another catastrophic event which would require implementation of the City's EOP. He stated he hopes people understand the turn this City is taking for the better and future impact the Board of Directors Meeting Minutes Page 14 August 18, 2015 development decisions will have. Johnson welcomed Beers. Johnson then spoke with regard to hi s block party and the enjoyment had. Smiley welcomed Beers. She then reminded everyone the shelter has lots of animals for adoption. Smiley stated there will be a Dogapalooza event in September and that for $10 your dog will be allowed to swim at the Family Aquatic Center. Coleman welcomed Beers. He then spoke about his block party and how everyone had a great time. Coleman then congratulated director Smiley on her 50111 wedding anni versary. He asked about the status of the Intemational Property Maintenance ordinance. Phillip Patterson, City Administrator, stated they are in the process of going through the code to dete1mine how to adopt; and what amending is needed in conflicting sections. He stated hopefully late September or October they will bring to the board. Coleman then made a motion to adjourn; seconded by Smiley. The Mayor called for a voice vote. All Ayes. Motion passed. Meeting adjourned. APPROVED: ATTEST: John Mark Turner, Mayor Renea Ellis, City Clerk {seal}  p - - sf__ silO'am J1iI gs ___-ig It.'sa 1ullum/. STAFF REPORT TO: Honorable Mayor and Board of Directors FROM: Jay C. Williams, City Attorney DATE: August 25, 2015 RE: Public Facilities Board I Roger Holroyd Recommendation: Appointment of Roger Holroyd to the City of Siloam Springs, Arkansas Public Education Facilities Board (John Brown University.) Background: The City's Public Facilities Board (full name "City of Siloam Springs, Arkansas Public Education Facilities Board (John Brown University)'' is restricted by ordinance to the finance and support of faciliti es for post-secondary education to be operated by John Brown University. To accomplish these purposes, the board was given authority to issue revenue bonds. There are five facilities-board members, appointed by the mayor and confinned by the City's Board of Directors, that serve staggered five-year terms, on a calendar-year basis. (Currently Tim McCord, First Bank; Mike Moss, Moss Insurance; David Glass; Ron Mooney, State Fann Insurance and Marilyn Jackson.) The tenn of Marilyn Jackson expired without a renewal or replacement being appointed. Per State law, the facilities board is to submit three successor nominees for each pending vacancy. If they fail to do so within 60 days of the expiration of the term, the mayor may make an appointment without a nomination . Although the attached letter from Kimberly Hadley of JBU purports to ''nominate" two individuals to the board, these are properly viewed as requests or suggestions, as the university lacks the legal authority to make nominations. Furthermore, while the mayor is free to make an appointment to replace the position that expired at the end of 2014, there are more than 60 days remaining in Ron Mooney's current term. Accordingly, at this time a replacement can only come from a list of nominees submitted from the facil ities board itself, which we have not received. Accordingly, staff' s recommendation is that the mayor proceed to appoint, and that the directors confinn, the suggested replacement for the expired term of Marilyn Jackson, but that the appointment for the subsequent term be postponed until after nominees have been received from the facilities board, or the statutory deadline has run out. Fiscal Impact: None anticipated Attachments: 1. August 18, 2015 letter from Kimberly M. Hadley, JBU Vice-President for Finance & Administration. 2. A.C.A. 14-137-108. - - ~ - P.O. Box 80 • Siloam Springs, AR 72761 • www.siloamsprings.com -- - - - -  0 JOHN BROWN UNIVERSilY August 18, 2015 Re nea Ellis City Clerk City of Siloam Springs P.O. Box 80 Siloam Springs, AR 72761 Dear Ms. Ellis, under t he Public Facilities Board Act ACA 14-137-101 et se q., Public FaciliUe::. Board rnembers are to be appointed by the city administrator or mayor and confirmed by the City Board of Directors. There should be five members on the PFB with staggered terms from one to five years, so that one member is replaced or reappointed each year. From my records, it appears that Mari lyn Jackson' s term expired in 2014, and Ron M ooney's term will expire at the end of 2015. The board members are currently serving w ith the following terms: Tim McCord, terms expires at the end of 2018 Mike Moss, term expires at the end of 2017 David Glass, term expires at the end of 2016 Ron Mooney, term expires at the end of 2015 Recently expired term: Marilyn Jackson, term expired at the end of 2014 To ma intain the requirements for the board, one ind ividual must now be appointed to replace Marilyn Jackson' s expired term. As a matter of convenience, we also suggest that action be taken to reappoint Ron Mooney at this time, as his term expires at the end of 2015. Ron would be reappointed fo r a five- year term ending in 2020, and the other appointment would be for a four-year term, ending in 2019. The University submits the following nominations for the positions. Nominations: Roger Holroyd, for a term expiring in 2019 Ron Mooney, for a term expiring in 2020 ~A ~ · Kimberly M. Hadley Vice President for Finance & Administration CC: Christina Petriches, Finance Director, City of Siloam Springs 200 0 Wes t University Street I Sil oam Spr ings, Ark an sas 72761 I 4 79 -52 4 -9500 I w ww.jhu .edu A.C.A. §14-137-108. Board members. (a) (1) Each public facilities board shall consist of five (5) members unless there is an expansion of the board to provide services outside the boundaries of the governmental unit from which it obtains power. (2) The provisions of this subsecti on are applicable only to: (A) Boards in counties having a population of less than one hundred fifty thousand (150.000) according to the most recent federal decennial census: and (B) All boards established by municipalities having a population ofless than one hundred thousand ( 100.000) according lo the most recent federal decennial census. regardless of where located. (3) (A) (i) The initial members shall be appointed by the mayor of the creating municipality or the county judge of the creating county for terms. respectively. of: (a) One ( l) year: (b) Two (2) years: (r) Three (3) years: ( d) four (4) years: and (e) Five (5) years. (ii) Members are not required to be residents of the muni cipality or county that has created the public faci lities board. (B) (i) (a) Successor members shall be nominated by a majority of the board and appointed by the mayor or the county judge, subject to confirmation by the governing body of the municipality or county fo r staggered terms of fi ve (5) years each. unless the ordinance pursuant to which the public facilities board was formed provides for electing successor members by the membership of the board's service area. (b) The board shall submit a written list of three (3) successor nominees to the mayor or the county judge at least sixty (60) days before the expiration of the term. (c) If the board fails to submit a written list of nominees at least sixty (60) days before the expiration of the term, the mayor or the county judge may appoint a successor member without a nomination from the board. (ii) In a municipali ty located in a metropolitan statistical area designated by the United States Census Bureau having a population of one million ( 1.000.000) or more persons according to the most recent federal decennial census. successor members shall be appointed by a majority of the board. (C) Each member shall serve until his or her successor is elected and qualified. (D) A member is eligible to succeed himself or herself. (4) Each member shall qualify by taking and filing with the clerk of the municipality or county creating the board the oath of office in which the member shall swear to support the Constitution of the United States and the Constitution of the State of Arkansas and to discharge faithfully his or her duties in the manner provided by law.  siloam. s - - f__)Iii QS __J.g ft t IU 11J/u11if STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Ben Rhoads, AICP, Senior Planne@,(:Jt? CC: Don Clark, Community Services Director DATE: August 24, 2015 RE: Ordinance 15-20/ 1st Reading/ Amend Section 102-21 of the Municipal Code/ Rezone from C-2 to R-3/ 202 E Harvard/ Lowell Jester Recommendation: Denial of Ordinance No. 15-20, rezoning from C-2 to R-3 , on property described as 202 E. Harvard St. Background: APPLICATION REVIEW DATES Planning Commission review: August 11, 2015 Board of Directors review: September 1, 2015 APPLICANT AND AGENT Applicant/Owner: Lowell Jester Agent: Civil Engineering, Inc. - Ron Homeyer, PE SUBJECT PROPERTY ADDRESS 202 E. HARVARD STREET INTERNET MAP INFORMATION Planning staff has created a map on Google Maps ©2015. https://goo.gl/yk 1xDD PROJECT INTENT The applicant desires to rezone a portion of Lot 3 of the Homes Addition, the total consisting of 0.22 acres, from C-2 District (Roadway commercial) to R-3 District (Residential, two-family). 1 8/ 26/15 P.N. 03-02210-000, RZ15-1 1 EXISTING LAND USES AND ZONING EXISTING LAND USE EXISTING ZONING Residential, single-family C-2 District (Roadway commercial) SURROUNDING LAND USE SURROUNDING ZONING North: Residential , single-family North: C-2 District (Roadway commercial) South: Residential, single-family South: C-2 District (Roadway commercial) East: Residential, single-family East: R-2 Distiict (Residential, medium) West: Residential, single-family West: C-2 District (Roadway commercial) ZONING USE UNIT CONSISTENCY Residential, two-family use falls within Use Unit 4. Use Unit 4 is pe1mitted in the proposed R-3 Distiict. LOT ST AND ARDS CONSISTENCY The minimum R-3 zones standards are compared with the subject property"s tracts below. MINIMUM (R-3) ZONING SUBJECT PROPERTY PROPOSAL REQUIREMENTS Lot Area: 6,000 sq. ft. 9,375 sq. ft. or 0.22 acres Lot Width: 60 ft. 75 ft. Maximum Lot Coverage: 40 % Approx. 40% Maximum Floor to Area Ratio : 0.33 (33%) 0.11 (11%) STAFF DISCUSSION The applicant is requesting a rezone of a portion of Lot 3 of the Home Addition from C-2 (Roadway Commercial) to R-2 (Residential, two-family). The purpose of this request is to bring the zoning into conformity with the existing land use. The Planning Commission reviewed this request and the Commission recommends denial based off of testimony received from the general public. Concerns were raised regarding the proposed two-family land use and how this would fit within the fabric of a single-family neighborhood. The property is currently being used as a single-family residence, and records indicate that this has been its historic use for many years. It is unclear why the property is zoned C-2, other than its vicinity to Mt. Olive St. (see attached general area map). The applicant desires to rent the rear structure (also existing) on the lot. Subsequent to the Planning Commission 's decision, the applicant provided staff with a proposed rental agreement and a written explanation of his plans for the property. Because the Board of Directors is legally prohibited from considering facts and arguments not presented to the Planning Commission, the Board may either proceed to make a decision without this information, or the Board may remand the matter for further Planning Commission review. The applicant has requested a remand so the new infonnation may be entered into the record. 2 8/ 26/ 15 P.N. 03-02210-000, RZlS-11 Should the rear strncture be used as a residence, it will be required to meet minimum building standards for a single-family detached structure. Pem1itting a second dwelling on the prope1iy requires an R-3 zone, which allows two dwelling units (attached or detached) per lot. The street is primarily classified as transitional from residential to commercial, with commercial uses to the west and residential uses to the east. The proposed rezoning will not alter the current base land use and is consistent with the suggested density listed in the 2030 Land Use Map. For the reasons stated, staff originally was in supp01i of this request. There were concerns voiced by the neighbors at the Planning Commission meeting, given the strong neighborhood objections to the two-family density at this location, staff is no longer in support of this request with the infomrntion entered into the record at this time. LEGAL NOTICE Staff received no infonnation that: • the proposal interferes with the reasonable peace or enjoyment of the neighboring properties; • the property values may be substantially damaged ; • the proposal may impact the present or future uses of neighboring properties; • the proposal is not adequately supported by infrastructure. • Siteposted: July2,2015. • Newspaperlegal notification: July, 19, 2015 (Herald-Leader). • Letter legal notification: July, 16-19, 2015. • Staff received one phone call in opposition to the request on the grounds that the increased density proposed would damage the property values of the neighborhood. Staff received no c01Tespondence on the request. COMPREHENSIVE PLAN CONSISTENCY The 2030 Land Use Map desc1ibes this area as medium density family (3-10 dwelling units per acre) designation. The proposed land use change is consistent with the map. PLANNING COMMISSION The Planning Commission reviewed the Rezone Development Permit application at the August 11 , 2015 regular meeting. There were two comments from the public regarding the use of a second building on the prope1iy as a rental unit and the impact it would have on the neighborhood with respects to additional vehicle parking. The Planning Commission denied approval of the rezone development by a 5-2 vote, with no abstentions. Fiscal Impact: None Attachments: 1. Site Specific Proposal. 2. General Area Map. 3. Ordinance No. 15-20. 3 8/26/ 15 P.N. 03-02210-000, RZ lS-11  K'e ~one from R-3 A-- l'f I /(Z /5-/I ,, 6 7 ,/ 2· N . ,:-1••-: .,. i I~ Iv c r J. ·· 1 ·. ..-:(...,. ~ : ' '· I •' ~ \'. .:::; / - ' .·.- .., / 169 1 ( "' . ... ~ ,/ \0 (l t ...,• ·' . /77 ~ I~ /;l IN ~· .~I I (J .. ·i \. . ; .. f •''• I ! !.. : 1t. c '•. ' . ('1> . ,., i -I ?I .j ~• ttfiA..')• • .... II : I OJ ll ./~ ~1 1~ ~ . . •' t-' r-. J _.. ·• L. ,: rl ,I /,I/'/ -/ . I N ~ }! i 1 1-; 1i• , , L.J.7' ,\ . .I. ,. ! I I - i ~ . 1'· I i r-- (1' ,I- ,,.-, -; ~ (:I -~;;:. I · I ~ . I I 71 HO:.'.E i.j)DITIO~; to Siloam S:?rin;;s, Arhnsas .int t.bovc sketch rc;:.reser1ts Et. survey r lliade fo1· J, T. >~::: iC:.:u.O~ :..r.c ot!"w rs .Januarr, 1909. Tnc S~: Corrti::r of Lot 5 i~ 20 :;.~e<:"v .::::.st .:.:.~: eB. 5 fee:t lforth from the SW Corner of t!:c IM~· of s;::'. of .S .. :: ·.,.:.o~ .:,, TcMnship 17 North, Rnnge 33 West. DieU.r.c~s inoic.,, ~.:c '-·· • ::..!. ~ . D. L. ~!hcc-. t, County Sl:rVc-;"cr ..... 1·:0.rch 13, 1909. ~ •ell, Clark GENERAL AREA MAP Rezoning - RZ15-11 -2R-2 R- 2R-2 R-2 -2 R- R-2 ~ R-2 ~ R-2 m i= rr=====..:::::::::d "' -f 0 0.015 0.03 0.06 Miles I I I I I I I I  ORDINANCE NO. 15-20 AN ORDINANCE AMENDING SECTION 102-21 OF THE SILOAM SPRINGS MUNICIPAL CODE (CITY ZONING MAP); REZONING C-2 TO R-3 THE PROPERTY LOCATED AT 202 E. HARV ARD Whereas, the landowner, Lowell Jester, has requested that the below-described land be changed from the present zoning district of C-2 (Roadway Commercial), to R-3 (Residential, two-family); and Whereas, a public hearing on the proposed change was held on the I 1111 day of August 2015, before the City of Siloam Springs Planning Commission, after proper notice required by law; and Whereas, objections were registered at said hearing, and a motion approving the rezone failed to pass by the Planning Commission; and Whereas, the proposal is consistent with the City's comprehensive land use plan; and Whereas, upon review and deliberation it appears that the zoning change is in the best interest of the City of Siloam Springs; Now Therefore: Be It Enacted by the Siloam Springs Board of Directors, as follows: The zoning map of the City (Municipal Code Section 102-21) is hereby amended to include within the R-3 zoning district the property located at the 202 E. Harvard, and described as: Part of Lot 3, Home Addition, Siloam Springs, Benton County, Arkansas, described as beginning 200 feet East and 20 feet South of the NW comer of Lot 3, said addition, running thence East 75 feet, thence South 125 feet and l inch, thence West 75 feet, thence North 125 feet and 1 inch to the Place of Beginning. Subject to easements, right-of-way, covenants and restriction ofrecord, and prior mineral reservations, if any. Ordained and Enacted this ~~~ day of ~~~~~~- 2015. APPROVED: ATTEST: John Mark Turner, Mayor Renea Ellis, City Clerk (SEAL)  siloam -- - sL---~)liI QS Tt'r a 1-v111m.d STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Ben Rhoads, AICP, Senior Planne~J12 Cc: Don Clark, Community Services Director DATE: August 13, 2015 RE: Ordinance 15-21/ Right-of-Way Closure I 2200 Block of N. Inglewood/ Stone Ridge Addition/ Rob Sample Recommendation: Approval of Ordinance 15-21 to close portions of the 2200 Block ofN. In lewood Street's right-of-way. Background: APPLICATION REVIEW DATE Board of Directors review: September 1, 2015 APPLICANT AND AGENT Applicant/Owner: Rob Sample Agent: Civil Engineering, Inc. - Ron Homeyer, PE SUBJECT PROPERTY ADDRESS 2200 BLOCK OF N. INGLEWOOD STREET INTERNET MAP INFORMATION Planning staffhas created a map on Google Maps ©2015. https://goo. gl/yk I xDD PROJECT INTENT The applicant, Rob Sample desires- as part of final plat of Phase I of the Stone Ridge Subdivision- to vacate two irregular shaped portions of the 2200 block of N. Inglewood Street's right-of-way. The non-typical request proposes closing portions of unimproved right-of-way cun-ently unused for vehicular traffic. The request allows for additional lot space in the proposed Stone Ridge Addition. The tax parcels abutting the right-of-way are: 03-00394-000 and 03- 00790-000, which are both owned by the applicant. The request will not close N. Inglewood Street to public traffic. 1 8/ 26/15 P.N. 03-00394-040, ROW15-01 STAFF DISCUSSION The applicant is requesting two separate right-of-way closures, defined as Tract A and Tract B, located at the 2200 block of N. Inglewood St. Neither closure will impact existing or future vehicular or pedestrian traffic on N. Inglewood and are occuning on unimproved sections of the right-of-way. The specific request is in an attempt to straighten the N. Inglewood right-of-way as part of the development of the Stone Ridge Addition, located to the north of the subject property. The curvatures of the right-of-way proposed for closure are due to platting made b y the Vista View Addition, to the south, with the assumption that N. Inglewood would tum to the east immediately north of the Vista View Addition. The layout of the Stone Ridge Addition takes this eastward turn of N. Inglewood further north . The specific request closes Tract A, a 55.27 sq. ft. or 0.001 acres of right-of-way located on the west side of N. Inglewood St. adjacent to proposed Lot 22 of the Stone Ridge Addition. The second closure, Tract B, vacates 79. 16 sq. ft. or 0.002 acres of right-of-way located on the east side of N. Ingl ewood St., adjacent to proposed Lot 24 of the Stone Ridge Addition. The sections closed will be retained as utility easements as indicated on the Stone Ridge final plat. The applicant has complied with City and State requirements for the right-of-way closures. The City received the petition from the applicant (attached). City staff technical review met on June 17, 2015 to review this closure. Relevant department heads have signed the attached memo approving the closure. Letters were mailed to all surrounding property owners within 300 feet of the closures and general notice was made for two consecutive weeks in the Herald-Leader. LEGAL NOTICE Staff received no information that: • the proposal interferes with the reasonable peace or enjoyment of the neighboring prope1iies; • the property values will be substantially damaged; • the proposal is not adequately supported by infrastructure. • Site posted: June 02, 20 15. • Newspaper legal notification: August 9, 2015 and August 16, 2015 (Herald-Leader). • Letter legal notification: August 14-17, 2015. • Staff received no phone calls or correspondence on the request. Fiscal Impact: None. Attachments: 1. Letter of Petition. 2. Site Specific Proposal. 3. Department Head Sign-Off Memo. 4. General Area Map. 5. Ordinance 15-2 1. 2 8/26/15 P.N. 03-00394-040, ROWlS-01  PETITION TO VACATE AN EXISTING STREET RIGHT OF WAY City of Siloam Springs, Arkansas To: Siloam Springs Board of Directors We, the undersigned, being all the owners of the real estate of or adjacent to the Street Right of Way to be vacated hereinafter sought to be abandoned and vacated, lying in Siloam Springs, Arkansas, a municipal corporation, petition to vacate the Street Right of Way that is located in the 2200 block of North Inglewood Street which is described as follows : SURVEY DESCRIPTION TRACT A: Part of the South Half of the Southwest Quarter of the Southwest Quarter of Section 29, Township 18 North, Range 33 West, Benton County, Arkansas, being more particularly described as follows: COMMENCING at the SW Corner of said Section 29, said Point being in the roadway of North Hico Street, THENCE along said roadway and the West Line of said Section 29 N03°01'28"E 179.07 feet, THENCE S88"32'53" E 21.08 feet, THENCE along a curve to the left, said curve having a radius of 25.00 feet, a central angle of 91°09'19", an arc length of 39.77 feet, and a chord bearing and length of S41°49'32"E 35.71 feet, THENCE S87°22'21"E 67.66 feet, THENCE along a curve to the left, said curve having a radius of 25.00 feet, a central angle of 72°12'54", an arc length of 31.51 feet, and a chord bea ring and length of N56"37'43"E 29 .47 feet to the POINT OF BEGINNING, THENCE continuing along said curve to the left, having a radius of 25.00 feet, a central angle of 17°48'01",an arc length of7 .77 feet, and a chord bearing and length of Nl1°37'16" E 7.74 feet, THENCE N02°37'50"E 13.33 feet, THENCE ss7•101 27"E 3.49 feet, THENCE S03°44'47"W 8.67 feet, THENCE along a curve to the right, said curve having a radius of 20.00 feet, a central angle of 38°13'55", an arc length of 31.51 feet, and a chord bearing and length of S22"51'44"W 13.10 feet to the POINT OF BEGINNING, containing 0.001 acres (55.27 square feet) more or less. SURVEY DESCRIPTION TRACT B: Part of the South Half of the Southwest Quarter of the Southwest Quarter of Section 29, Township 18 North, Range 33 West, Benton County, Arkansas, being more particularly described as follows : COMMENCING at the SW Corner of said Section 29, said point being in the roadway of North Hico Street, THENCE along said roadway and the West line of said Section 29 N03"01'28"E 179.07 feet, TH ENCE S88°32'53"E 21.08 feet, THENCE along a curve to the left, said curve having a radius of 25.00 feet, a central angle of 9r09'19", an arc length of 39.77 feet, and a chord bearing and length of S41°49'32"E 35.71 feet, THENCE S87"22'21" E 67.66 feet, THENCE along a curve to the left, said curve having a radius of 25.00 feet, a central angle of 90°00'54", an arc length of 39.28 feet, and a chord bearing and length of N47"43'43"E 35.36 feet, THENCE N02°37'50"E 13.33 feet, THENCE S87°10'27"E 53.50 feet TO THE POINT OF BEGINNING, THENCE continuing along said line, S87°10'271'E 21.71 feet, THENCE along a curve to the left, said curve having a radius of 25.00 feet, a central angle of 60°56'30", an arc length of 26.59 feet, and a chord bearing and length of S62°38'45"W 25.36 feet, THENCE N03°44'47"E 12.75 feet to the POINT OF BEGINNING, co ntaining 0.002 acres (79.16 square feet) more o r less. Petitioners state that the above described real estate will not adversely affect the public interest and welfare and would also not be adversely affected by the abandonment of the above describe street right of way. The petitioners recommend that the City of Siloam Springs, Arkansas, abandon and vacate the above described real estate, subject, however, to the existing utility easements as required, and that the above described real estate be used fo r their respective benefit and purpose now approved by law. WHEREFORE, the undersigned petitioners respectfully recommend that the governing body of the City of Siloam Springs, Arkansas, abandon and vacate the above described real estate, subject to said utility easements and as to the particular land the owner be free from the easements of the public for use of said real property. Dated this 5"' day of A.!jlA·>r ,2015. f,,;1w1 ~L Printed t/ame Signatllle Printed Name Signature  ----- - 0 10 20 40 SCALE : 1" • 20' INSET 50I 100 200 t I I SCALE : 1" • 100' LEGEND 27 • @ FOUND IRON PIN R.O.W. POINT ZI • FOUND IRON PIN LINE TABLE Line No. Length Bearing t--'. 1 21.08 S88'32'53"E (/) 2 13.33 N02'3T50"E 0 3 53.50 S87'10'27"E (.) 4 3.49 587'10'27"E r 5 8.67 S03'44'4TW z 6 21.71 S87'10'27"E 7 12.75 N03'44'47"E Curve Table No Radius An le Arc Len th Chord Bearin 1 25 91'09'19" 39.77 S 41' 49'32" E 2 25 90' 00'54" 39.28 N 47°43'43" E Zl 3 25 72' 12'54" 31.51 N 56'37'43" E 4 25 17'48'00" 7.77 N 11'37'1c' E 5 20 38' 13'55" 31 .51 s 22'51'44" w 13.10 6 25 60' 56'30" 26.59 s 62'38'45" w 25.36 A / CIVIL"' CIVIL ENGINEERING, INC., RON HOMEYER, P.E. POC z ENG E RING P.O. Box 12. Siloam Springs. Arkansas 72761 (479)524-9956 Phone or (479)524-4747 Fax SW CORNER, SECTION 29 ~INC/ E-MAIL: mail@civilengineeringss.com v R.O.W. CLOSURE EXHIBIT FOR Joe Nut.iBER STONERIDGE SUBDIVISION 1213 JUNE 2015 SHEET NO. 1 OF 2  SURVEY DESCRIPTION TRACT A: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SW CORNER OF SAID SECTION 29, SAID POINT BEING IN THE ROADWAY OF NORTH HICO STREET, THENCE ALONG SAID ROADWAY AND THE WEST LINE OF SAID SECTION 29 N03°01'28"E 179.07 FEET, THENCE S88°32'53"E 21 .08 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91 °09'19", AN ARC LENGTH OF 39.77 FEET, AND A CHORD BEARING AND LENGTH OF S41 °49'32"E 35.71 FEET, THENCE S87°22'21"E 67.66 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 72°12'54", AN ARC LENGTH OF 31.51 FEET, AND A CHORD BEARING AND LENGTH OF N56°37'43"E 29.47 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25 .00 FEET, A CENTRAL ANGLE OF 17°48'01", AN ARC LENGTH OF 7.77 FEET, AND A CHORD BEARING AND LENGTH OF N11 °37'16"E 7.74, THENCE N02°37'50"E 13.33 FEET, THENCE S87°10'27"E 3.49 FEET, THENCE S03°44'47''W 8.67 FEET, THENCE ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 38°13'55", AN ARC LENGTH OF 31.51 FEET, AND A CHORD BEARING AND LENGTH OF S22°51'44"W 13.10 FEET TO THE POINT OF BEGINNING, CONTAINING 0.001 ACRES (55 .27 SQUARE FEET) MORE OF LESS. SURVEY DESCRIPTION TRACT B: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 18 NORTH , RANGE 33 WEST, BENTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 29, SAID POINT BEING IN THE ROADWAY OF NORTH HICO STREET, THENCE ALONG SAID ROADWAY AND THE WEST LINE OF SAID SECTION 29 N03 °01'28"E 179.07 FEET, THENCE S88°32'53"E 21.08 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91 °09'19", AN ARC LENGTH OF 39.77 FEET, AND A CHORD BEARING AND LENGTH OF S41 °49'32"E 35.71 FEET, THENCE S87°22'21"E 67.66 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 90°00'54", AN ARC LENGTH OF 39.28 FEET, AND A CHORD BEARING AND LENGTH OF N47°43'43"E 35.36, THENCE N02°37'50"E 13.33 FEET, THENCE S87°10'27"E 53.50 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID LINE, S87°10'27"E 21.71 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 60°56'30'', AN ARC LENGTH OF 26.59 FEET, AND A CHORD BEARING AND LENGTH OF S62°38'45"W 25.36 FEET, THENCE N03°44'47"E 12.75 FEET TO THE POINT OF BEGINNING, CONTAINING 0.002 ACRES (79.16 SQUARE FEET) MORE OF LESS. A /CIVIL"' CIVIL ENGINEERING, INC., RON HOMEYER, P.E. ENG E ING P.O. Box 12, Siloam Springs. Arkansas 72761 ~INC/ (479 )524-9956 Phone o r (479)524-4 747 Fax E-MAIL: mail@civilengineeringss.com v R.O. W. CLOSURE EXHIBIT FOR STONERIOGE SUBDIVISION Joe ~wee:R 1213 I UAlt. J~e: 2015 I SHEET NO. 2 OF 2  SiloamS -- ~~ il. It's a 111111nu/. Memorandum To: Department Heads From: Ben Rhoads, AICP, Senior Planner Date: August 14, 2014 Subject: Request for Right-of-Way Closure - N. Inglewood St. Attached is a request from Rob Sample to vacate right-of~way located in the 2200 block of of N. Inglewood St., Part of the South Half of the Southwest Quarter of the Southwest Quarter of Section 29, Township 18 North, Range 33 West, Benton County, Arkansas. The proposed closure is an unused section of unimproved right-of-way, adjacent to the paved surface of N. Inglewood St. The section proposed for closure will be retained as a utility easement and is presently not opened to vehicular traffic. A response is needed from each of you to complete this request. Please review the attachment, sign this memo indicating if you are for or against the proposed right-of-way closure. Also, please note any comments you may have. ELECTRIC DEPARTMENT DIRECTOR For 6 Against D Comments: COMMUNITY SERVICES DIRECTOR For ~ Against D Comments: Signature~ FIRE CHIEF For rr5 Against D Comments: Signature:~ ~ POLICE CHIEF For Against D Comments: PUBLIC WORKS DIRECTOR For ~ Against D Comments : Signature: 12~ ~ CITY ENGINEER Comments: For ~ainst D Signature: ~ /,,..._ __ COX CABLE REPRESENTATIVE For ~a inst D Comments: Signature: ~ CENTURYTEL REPRESENTATIVE For D Against D Comments: Signature: - - - - - - - - - - - - SOURCE GAS REPRESENTATIVE For Against D Comments:  ROW Closure Permit GENERAL AREA MAP ROW15-01 1-- 1 en / I I Oi R-2 ()/ --1 I Subject Property 1 SILOAM SPRINGS I i I I I EFALLONST 0 0.0075 0.015 0.03 Miles I I I I I I I I  ORDINANCE NO. 15 - 21 AN ORDINANCE VACATING AND ABANDONING A CERTAIN PORTION OF RIGHT-OF-WAY IN THE 2200 BLOCK OF N. INGLEWOOD IN THE CITY OF SILOAM SPRINGS. Whereas, a petition was duly filed with the Board of Directors of the City of Siloam Springs, Arkansas on the 5th day of August 2015, asking the Board of Directors to vacate and abandon an unused portion of the 2200 Block of N. Inglewood in the proposed Stone Ridge Addition to the City of Siloam Springs, Arkansas; and Whereas, after due notice as required by law, the Board has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has asce1iained that the portion of the street hereinbefore described has heretofore been dedicated to the public use as the street herein described ; has not been actually used by the public generally for a period of at least five (5) years subsequent to the filing of the plat; that all the owners of the prope1iy abutting upon the portion of the street to be vacated have filed with the Board their written consent to the abandonment; and that public interest and welfare will not be adversely affected by the abandonment of the street. Now Therefore: Be It Ordained, by the Board of Directors of the City of Siloam Springs: Section 1: The City of Siloam Springs, Arkansas, releases, vacates, and abandons all its rights, together with the rights of the public generally, in and to the right-of-way easement designated as follows: SEE ATTACHED EXHIBIT "A" Section 2: A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the Benton County recorder, and recorded in the deed records of the county. Section 3: This ordinance shall take effect and be in force from and after its passage. Ordained and Enacted this _ _ dayof _ _ _ _ _ _ _ _ _ 2015. ATTEST: APPROVED: Renea Ellis, City Clerk John Mark Turner, Mayor {seal}  EXHIBIT "A" SURVEY DESCRIPTION TRACT A: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 29, SAID POINT BEING IN THE ROADWAY OF NORTH HICO STREET, THENCE ALONG SAID ROADWAY AND THE WEST LINE OF SAID SECTION 29 N03 °01 '28"E179 .07 FEET, THENCE S88°32'53"E 21.08 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25 .00 FEET, A CENTRAL ANGLE OF 91 °09'19" , AN ARC LENGTH OF 39.77 FEET, AND A CHORD BEARING AND LENGTH OF S41 °49'32"E 35.71 FEET, THENCE S87°22'21"E67.66 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25 .00 FEET, A CENTRAL ANGLE OF 72°12'54", AN ARC LENGTH OF 31.51 FEET, AND A CHORD BEARING AND LENGTH OF N56°37'43"E 29.47 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID CURVE TO THE LEFT, HAVING A RADIUS OF 25 .00 FEET, A CENTRAL ANGLE OF 17°48'01 ",AN ARC LENGTH OF 7.77 FEET, AND A CHORD BEARING AND LENGTH OF Nl 1°37'16"E 7.74, THENCE N02°37'50"E 13.33 FEET, THENCE S87°10'27"E 3.49 FEET, THENCE S03°44'47"W 8.67 FEET, THENCE ALONG A CURVE TO THE RIGHT, SAID CURVE HAVING A RADIUS OF 20.00 FEET, A CENTRAL ANGLE OF 38°13'55", AN ARC LENGTH OF 31.51 FEET, AND A CHORD BEARING AND LENGTH OF S22°51'44"W 13.10 FEET TO THE POINT OF BEGINNING, CONTAINING 0.001 ACRES (55 .27 SQUARE FEET) MORE OF LESS . SURVEY DESCRIPTION TRACT B: PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 18 NORTH, RANGE 33 WEST, BENTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SW CORNER OF SAID SECTION 29, SAID POINT BEING IN THE ROADWAY OF NORTH HICO STREET, THENCE ALONG SAID ROADWAY AND THE WEST LINE OF SAID SECTION 29 N03°01'28"E179.07 FEET, THENCE S88°32'53"E 21.08 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 91 °09'19", AN ARC LENGTH OF 39.77 FEET, AND A CHORD BEARING AND LENGTH OF S41 °49'32"E 35.71 FEET, THENCE S87°22'21"E67.66 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25 .00 FEET, A CENTRAL ANGLE OF 90°00'54", AN ARC LENGTH OF 39.28 FEET, AND A CHORD BEARING AND LENGTH OF N47°43'43"E 35.36, THENCE N02°37'50"E 13.33 FEET, THENCE S87°10'27"E 53.50 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID LINE, S87°10'27"E 21.71 FEET, THENCE ALONG A CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF 25 .00 FEET, A CENTRAL ANGLE OF 60°56'30", AN ARC LENGTH OF 26.59 FEET, AND A CHORD BEARING AND LENGTH OF S62°38'45"W 25.36 FEET, THENCE N03°44'47"E 12.75 FEET TO THE POINT OF BEGINNING, CONTAINING 0.002 ACRES (79.16 SQUARE FEET) MORE OF LESS.  .~...:.11-.:- - ·._~, --;-- • ~ _, - • - - - -- - -- --- sP--~-ig Siloam 1.iI gs. TA 1111r11rnul STAFF REPORT TO: Phillip Patterson, City Administrator FROM: Ben Rhoads, AICP, Senior Plann~J\? Cc: Don Clark, Community Services Director DATE: August 25, 2015 RE: Resolution 3 8-15/ Final Plat Development Permit/ 2200 Block of N. Hico/ Stone Ridge Addition I Rob Sample Recommendation: Tabling to the October, 06, 2015 Board of Directors' meeting, Resolution 38-15, authorizing a final plat development pem1it for Stone Ridge Addition, Phase 1, subject to the following conditions: 1. The applicant must file this plat at the Benton County Circuit Clerk's office and provide two filed copies to the Siloam Springs Planning Dept., prior to building pennit issuance. 2. The applicant must close a 55.27 sq. ft. and 79.16 sq. ft. section of1ight-of-way off ofN. Inglewood St., prior to final plat acceptance. 3. The applicant must pay street fees to the City in the amount of $ 10,590.04, for Phase 1, prior to the release of the plat by the City for the purpose of recordation. 4. Provide the City a 2-Year Maintenance Bond, prior to final plat recordation. 5. Provide as-built drawings, prior to building pennit issuance. Background: APPLICATION REVIEW DATES Planning Commission review: August 11 , 2015 Board of Directors review: September 1, 2015 APPLICANT AND AGENT Applicant/Owner: Sample Investments, LLC - Rob Sample Agent: Civil Engineering Inc, - Ron Homeyer, PE SUBJECT PROPERTY ADDRESS 2200 BLOCK OF N. HICO ST. PROJECT INTENT The applicant desires to finalize Phase 1 of the Stone Ridge Subdivision. The proposal is situated on 9.456 acres and contains 30 medium single-family residential lots. INTERNET MAP INFORMATION Planning staff created a map on Google Maps ©2015. The link is below: https://goo.gl/yk I xDD 8/26/2015 P.N. 03-00394-040 FPlS-02 1  EXISTING LAND USES AND ZONING EXISTING LAND USE EXISTING ZONING Stone Ridge Addition - under development R-2 District (Residential, medium) SURROUNDING LAND USE SURROUNDING ZONING North: Vacant North: Benton County - No Zoning Classification South: Residential, single-family South: R-2 District (Residential, medium) East: Vacant- Stone Ridge Addition (Ph. East: R-2 District (Residential, medium) 2) West: Vacant- Ashley Park Addition West: R-2 District (Residential, medium) LOT STANDARDS CONSISTENCY The applicant's proposal appears to meet the minimum requirements of the R-2 District. MINIMUM ZONING REQUIREMENTS (R-2) SUBJECT PROPERTY PROPOSAL Lot Area: 7,000 sq. ft. 7, 131 sq. ft. and higher Lot Width: 60 ft. 60 ft. and wider Average Lot Size: 8,461 sq. ft. STAFF DISCUSSION The applicant is proposing to finalize the plat for Phase 1 of the Stone Ridge Addition, a single-family residential development. Phase l is situated on 9.456 acres and contains 30 single-family residential lots; Lots 11 thru 34; Lots 69 thru 74, and Lot 52 (detention basin). These proposed final lots encompass N. Inglewood St., E. Ridge View Dr. and Canyon Gate Dr. This is the first final plat required for this addition. The preliminary plat for Phase 1-3 was approved by the Board of Directors on April 7, 2015. The final plat under review with this application is consistent with the layout approved in the preliminary plat. The proposed addition adjoins the existing Vista View addition to the south. There are two small sections of N. Inglewood St right-of-way, to the north of the Fallon St., that were previously dedicated as part of the Vista View Addition in 1998. It was assumed at that time that the Vista View Addition would continue in a future phase to the north at the location of the subject property. This future Vista View phase was never developed as planned. The proposed Stone Ridge Addition has a different street layout and lot widths, necessitating the need to vacate po1tions of right-of-way from N. Inglewood. The right-of-way closure must occur as part of the final plat review by the Board of Directors, the Planning Commission does not review right-of-way closure requests. A staff suggested condition is included to address this point. The addition is adequately served by City utilities; however the utility lines are in need of re-testing for the bac-t test at the time of writing this memo. Staff anticipates the testing process to be completed within three weeks, or the week of September 13 1h. The subdivision is not 100 percent complete, thus necessitating a performance bond. However, the applicant has requested to table this permit to allow for adequate time to complete all the improvements and utility line tests. City staff has no additional outstanding comments on the request. LEGAL NOTICE Staff received no information that: • the proposal interferes with the reasonable peace or enjoyment of the neighboring prope1ties; • the property values will be substantially damaged; • the proposal is not adequately supported by infrastructure. 8/26/2015 P.N . 03-00394-040 FPlS-02 2  • Siteposted: May04,2015. • Newspaper legal notification: May 17, 2015 (Herald-Leader). • Letter legal notification: May 14-17, 2015. • Staff received no phone calls or con-espondence on the request. PLANNING COMMISSION The Planning Commission reviewed the Final Plat Development Permit application at the August 11, 2015 regular meeting. The public had no comments. The Planning Commission recommended the final plat development for approval by a 7-0 vote, with no abstentions. Fiscal Impact: The street fees ordinance, presently housed within the Master Street Plan, states that a proportionate share of the street improvement costs carried by the City must be reimbursed by a developer (proposing new streets for dedication) if the proposed development commences within seven years from when the final City's costs were incurred. The final Hico St. invoice was paid on June 30, 2008. The fee expiration will be June 30, 2015. Even though the City is accepting the final plat after the street fee expiration, the fee assessment was triggered by the authorization of the preliminaiy plat pem1it by the Board of Directors on April 4, 2015 via Resolution 14-15. The City has elected to collect on this fee at Final Plat acceptance. The full payment of the street fees is $3 0,000.12; however the applicant is requesting that these be paid prop011ionately by the percentage the addition is complete. City staff has agreed to this payment arrangement. For phase 1, 35.3 percent of the addition is completed, or 30 lots out of a total of 85 lots. So when applying the same percentage to the fee, the total amount owed for Phase 1 is $10,590.04. This amount is included in the staff suggested conditions (above). The street fees for the remaining subdivision phases will be calculated similarly and assessed at the time of those final plats. Attachments: 1. General Area Map. 2. Resolution 38-15. 8/26/2015 P.N. 03-00394-040 FPlS-02 3  Final Plat Development Permit FP15-02 .~ N RURAL RURAL RURAL RURAL URA -2 RURAL Subject Property o 0.0425 0.085 0.17 Miles l....___._l----1...1_L..I__l_I_jl____L---1...__jl  RESOLUTION NO. 38-15 A RESOLUTION AUTHORIZING A FINAL PLAT DEVELOPMENT PERMIT FOR PROPERTY LOCATED AT 2200 BLOCK OF NORTH HICO Whereas, a public hearing on the proposed final plat development permit was held on the 11 th day of August 2015, before the City of Siloam Splings Planning Commission after proper notice required by law; and Whereas, no objections were registered at said hearing, and a motion approving issuance of said permit was passed by the Planning Commission; and Whereas, it appears that the final plat development permit is in the public interest; Now Therefore: Be It Resolved by the Siloam Springs Board of Directors as follows: A final plat development pennit for the property located at 2200 Block North Hico Street, as set forth on Exhibit "A" attached hereto, is hereby granted subject to the following conditions: a. The applicant must file this plat with the Benton County Circuit Clerk and provide two (2) file-marked copies to the Siloam springs Planning Department prior to building permit issuance; b. The applicant mush close a 55.27 square-foot and a 79.16 square-foot section of right-of-way off of N. Inglewood Street, prior to final plat acceptance; c. The applicant must pay street fees to the City in the amount of $10,590.04 for Phase 1, prior to the release of the plat by the City for the purpose of recordation; d. A 2-year Maintenance Bond provided to the City of Siloam Springs, prior to final plat recordation; and e. Provide as-built drawings, prior to building pennit issuance. Done and Resolved this 1st day of September 2015. APPROVED: ATTEST: John Mark Turner, Mayor Renea Ellis, City Clerk (SEAL)  , - - ··--::-.:-::=-:::::=_···~ i.. . ; I •I :: :: ; . € qm ~z ~~ f 0> ,.:: ~ ~ ~ ~ ~ 0 ... v> " ~ "' 0 5 0 z 5 '1 " 0 0 ""a "'1 I .. : 't""t . , ~ A ~: le t ?? ~f ~=~ [ j1~~ ~ ' F i ~~ :.T'1 ~~~ r 'n~ ~ .;;- t ~ l < ~;~ lll!J i i . () (/) 0 1· < L; l ~ ! ~ ; ~ q; z ;~ ~l~i! ,., ;Vi! ~ ~ ~ II 1. q ~ Jl ~ ;:o ~ t' , ~j 3:: ~ · n~ ~ . )> 5.: ~ y~ H1 u H 1) ~ ·1 < (IQ en c cr" .~ ~ • ,, !> ~ ~i - 7 ~f ! ; q~ i' l ·u ;n:: ·- ~~ ., i !:[ !• .f 0. ~ i <: . ~~~~{ §: [! '1 l;. ~ ;,-: ~ ~ ..; ;t t § - ?~ l l ; a • ""::r ···"·-;,~3'0'1/:i"·....... I ~ r .§ ,.,"" "' ../"'~,:~· ..•••••••••• -P.,;'";.~ 'i i .._, .! ~ C> " r:. c......, t~~ ~ l~~J.. ..:~~-~J ·~··:<'l '1,,.,,,~~.~~.~ ....''''"' i r tl !' ~  MINUTES OF THE REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF SILOAM SPRINGS, BENTON COUNTY, ARKANSAS, HELD AUGUST 11, 2015 The Planning Commission of the City of Siloam Springs, Benton County, Arkansas, met in regular session at the City Administration Building, Tuesday, August 11 , 2015. The meeting was called to order by Chainnan Mounger. Roll Call: Colvin, Stewart, Blakely, Brown, Mounger, Williams, Smith - Present. Intermittent City Clerk, Judy Toler; Ben Rhoads, Senior Planner; and City Attorney, Jay Williams; all present. A copy of the July 14, 2015, regular minutes had previously been given to each Commissioner. A motion was made by Colvin and seconded by Smith to accept the minutes. Mounger called for a voice vote. All Ayes. No Nays. Motion passes. The first item on the agenda was a Final Plat Development Pennit, FPl 5-02 for Stone Ride Addition at 2200 Block ofN. Hico Street, which was tabled from July 14, 2015 regular meeting of the Planning Commission. Ben Rhoads, Senior Planner, gave an overview of the addition. Ron Homeyer, PE - Civil Engineering Inc., stated Rhoads covered most details. A motion to approve was made by Blakely and seconded by Brown. Roll Call: Stewart, Blakely, Brown, Mounger, Williams, Smith, Colvin -Aye. 7 Ayes. No Nays. Motion passed. The next item on the agenda was a Rezone Development Permit, RZ15-1 l to Rezone from C-2 to R-3 at 202 E. Harvard, by Lowell Jester. Ben Rhoads, Senior Planner, gave an overview of item; and explained why this was initially rezoned commercial. Stewart asked what the process is if someone refuses to sign waiver. Jay Williams, City Attorney, stated the waiver is a required part of the application approval. Brown stated the purpose is to expect property value to decrease; 20% or more. Jay Williams explained the expectations and purpose. Mounger stated his opinions in rezoning to R-3, which allows duplexes. Williams asked why the request was for R-3 and not R-2. Rhoads stated that is what was requested from property owner. Smith stated the second unit on the property appeared to be built as a garage or portable building. Rhoads stated whether or not the second unit is inhabitable or not is up to the building official. Ron Homeyer, PE - Civil Engineering Inc. stated he does not know property owners intentions. Stewart asked if Lowell Jester lives in residence. Homeyer stated no, he couldn't answer that. Brad Holroyd, 203 E. Harvard, gave his opinions about putting a resident in the second unit on property. Brown asked if nicer, would he approve. Holroyd stated no. Frank Lee, 215 E. Granite, stated he has noticed the neighborhood decline; and gave his opinions of allowing multi-dwellings. He stated if we allow once, it will continue to happen; and neighborhood will continue to decline. Colvin stated she agreed about it being a single-family neighborhood. She stated ifrezoned R-3 , it would be the only R-3 there. Williams stated the lot is only 75 foot; not big enough for multi- dwelling. Brown asked if anyone lives in second unit. Rhoads answered no. Stewart asked about another residence with a 3-plex and what it was zoned. Rhoads stated it should be R-4. A motion to approve was made by Brown and seconded by Blakely. Roll Call: Blakely, Stewart - Aye. Brown, Mounger, Williams, Smith, Colvin - Nay. 2 Ayes. 5 Nays. Motion failed. Mounger stated this item will be presented to the Board of Directors for approval on September 1, 2015 without recommendations. Training was presented by Ben Rhoads, Senior Planner. He presented a PowerPoint training session on Roles and Responsibilities of a Planning Commissioner. Discussion: Mounger asked for hard copies of the map. Commissioners thanked Rhoads for his presentation. A motion to adjourn the meeting was made by Williams and seconded by Stewart. There being no further business, Mounger adjourned the meeting. {Seal} APPROVED: ATTEST: Karl Mounger, Chairm an Renea Ellis, City Clerk