HomeMy WebLinkAbout181-24 RESOLUTION113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Resolution: 181-24
File Number: 2024-296
POTABLE DOMESTIC WATER ACCESS TO ELLIS ESTATES (RESOLUTION):
A RESOLUTION TO APPROVE POTABLE DOMESTIC WATER ACCESS TO ELLIS ESTATES
SUBDIVISION'S PRELIMINARY PLAT WHICH WAS APPROVED BY THE CITY ON AUGUST 9, 2021 FOR 53
WATER TAPS
WHEREAS, on August 9, 2021, Preliminary Plat PPL-2021-11 was approved by the Planning Department and
Engineering Department; and
WHEREAS, the approved preliminary plat was for a 53 residential development in the unincorporated part of
Washington County east of Fayetteville and within the City of Fayetteville Water District; and
WHEREAS, the property owner received allowed extensions from the City to begin work with the last extension
requiring beginning of development work by August 9, 2024; and
WHEREAS, the property owner applied for a grading permit which was approved, but expired on February 17, 2024;
and
WHEREAS, when the property owner applied for a replacement grading permit on May 16, 2024, the request was
denied because the City now opined that no grading permit was authorized because of a reinterpretation of Section
51.112 (C) of the Fayetteville Code to now require express and individualized approval by the City Council for the City
to allow domestic potable water to supply an development beyond the city limits of Fayetteville into an unincorporated
area of Washington County within Fayetteville's Water District; and
WHEREAS, unless the City Council promptly and expressly authorizes the extension of potable, domestic water to
Ellis Estates Subdivision so a grading permit can be approved, the City approved Preliminary Plat will expire to the
financial detriment to the property owner.
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 expressly approves the extension of
domestic potable water to Ellis Estates Subdivision pursuant to § 51.112 (C) and Preliminary Plat PPL-2021-11.
PASSED and APPROVED on July 2, 2024
Page 1
Resolution: 181-24
File Number: 2024-296
Attest:
�.(i . G\1 Y O,r • •G,9%
- =U' FAYETTEVILLF •�=
Kara Paxton, City CW Treasurer
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Page 2
== City of Fayetteville, Arkansas
Y 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
- Legislation Text
File #: 2024-296
A RESOLUTION TO APPROVE POTABLE DOMESTIC WATER ACC
A RESOLUTION TO APPROVE POTABLE DOMESTIC WATER ACCESS TO ELLIS ESTATES
SUBDIVISION'S PRELIMINARY PLAT WHICH WAS APPROVED BY THE CITY ON AUGUST
9, 2021 FOR 53 WATER TAPS
WHEREAS, on August 9, 2021, Preliminary Plat PPL-2021-11 was approved by the Planning
Department and Engineering Department; and
WHEREAS, the approved preliminary plat was for a 53 residential development in the unincorporated
part of Washington County east of Fayetteville and within the City of Fayetteville Water District; and
WHEREAS, the property owner received allowed extensions from the City to begin work with the last
extension requiring beginning of development work by August 9, 2024; and
WHEREAS, the property owner applied for a grading permit which was approved, but expired on
February 17, 2024; and
WHEREAS, when the property owner applied for a replacement grading permit on May 16, 2024, the
request was denied because the City now opined that no grading permit was authorized because of a
reinterpretation of Section 51.112 (C) of the Fayetteville Code to now require express and individualized
approval by the City Council for the City to allow domestic potable water to supply an development
beyond the city limits of Fayetteville into an unincorporated area of Washington County within
Fayetteville's Water District; and
WHEREAS, unless the City Council promptly and expressly authorizes the extension of potable,
domestic water to Ellis Estates Subdivision so a grading permit can be approved, the City approved
Preliminary Plat will expire to the financial detriment to the property owner.
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 expressly approves the
extension of domestic potable water to Ellis Estates Subdivision pursuant to § 51.112 (C) and
Preliminary Plat PPL-2021-11.
Page 1
Pennington, Blake
From: Berna, Scott
Sent: Tuesday, June 25, 2024 1:34 PM
To: Williams, Kit; Nyander, Tim; Granderson, Corey; Boccaccio, Joshua
Cc: Pennington, Blake
Subject: Re: Authority for moratorium and allowing water to approved development our of town
Please let this email serve as may approval for moving forward with the resolution
Scott Berna
From: Williams, Kit <kwilliams@fayetteville-ar.gov>
Sent: Tuesday, June 25, 2024 12:16 PM
To: Berna, Scott <scott.berna@fayetteville-ar.gov>; Nyander, Tim <tnyander@fayetteville-ar.gov>; Granderson, Corey
<cgranderson@fayetteville-ar.gov>; Boccaccio, Joshua <jboccaccio@fayetteville-ar.gov>
Cc: Pennington, Blake <bpennington@fayetteville-ar.gov>
Subject: RE: Authority for moratorium and allowing water to approved development our of town
Scott,
With pushback and delay from Tim on the ordinance changes, I believe that we need to go to Plan B and also
just present a resolution approving the extension of water for Ellis Estates. We will not need an emergency clause for
this resolution. We may even not have to have it walked on this afternoon, but if we wait until the July 16' meeting, we
are cutting it close for the property owner to apply again for the grading permit, wait for its approval, and get grading
actually underway before his preliminary plat expires on August 8th or 9th
Regardless, we still need those two proposed amendments to the Fayetteville Code to correct their
reinterpretation of decades' old policy not requiring express authority for extension of water into the unincorporated
area of our Fayetteville Water District and to authorize a moratorium to protect our 25 p.s.i. pressure needs.
Please review the proposed Resolution and let me know if changes are needed.
N
From: Nyander, Tim <tnyander@fayetteville-ar.gov>
Sent: Tuesday, June 25, 2024 10:17 AM
To: Berna, Scott <scott.berna@fayetteville-ar.gov>; Williams, Kit <kwilliams@fayetteville-ar.gov>
Cc: Granderson, Corey <cgranderson@fayetteville-ar.gov>; Boccaccio, Joshua <jboccaccio@fayetteville-ar.gov>;
Pennington, Blake <bpennington@fayetteville-ar.gov>
Subject: RE: Authority for moratorium and allowing water to approved development our of town
With two ordinance revisions of this nature, it is my opinion that we should have the opportunity to present this to the
Water, Sewer & Solid Waste Committee on July 9th and allow for discussion.
If the concern is the hot weather and the shortage of water, we are already in that condition. Our plan is to send out the
water conservation notice through Lisa Thurber in the very near future.
Please let me know your thoughts.
Thanks,
Tim Nyander
Utilities Director
City of Fayetteville
T 479-575-8386
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CITY OF
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From: Berna, Scott <scott.bernata fayetteville-ar. ov>
Sent: Monday, June 24, 2024 3:59 PM
To: Williams, Kit <kwilliams@fayetteville- x gov>
Cc: Nyander, Tim Granderson, Corey <qg a Berson fayetteville-ar. o_v>; Boccaccio,
Joshua <jboccacclo@fayetteville-�>; Pennington, Blake <bpennington a fa etteville-ar.gpv_>
Subject: Re: Authority for moratorium and allowing water to approved development our of town
Thanks Kit. I will review. One quick glance I noticed in both ordinances in the emergency clause section you
have "facing water shortage west of Fayetteville toward Goshen". That should be East of Fayetteville.
I will await input from Tim and Corey on this as well.
Scott
From: Williams, Kit<kwilliamsCcfayetteville�>
Sent: Monday, June 24, 2024 3:44 PM
To: Berna, Scott <scott.barns@fayetteville-ar.ov>
Cc: Nyander, Tim <tnyander fayetteville-ar.ov>; Granderson, Corey <c�randerson cfayetteville-ar.ov>; Boccaccio,
Joshua <'boccaccio fa etteville-ar.gov>; Pennington, Blake <bpenninton fayetteville-ar gov>
Subject: Authority for moratorium and allowing water to approved development our of town
Scott,
Attached are two possible code changing ordinances that would allow non -firefighting water to be extended to
county residents within Fayetteville's water district (at their expense) without the need for an individual city council
approving resolution or contract. This would basically reinstate what I think had until recently been the longstanding
practice before the recent reinterpretation. The second ordinance would provide explicit moratorium power to the
Mayor and Tim to declare a moratorium to try ensure we could maintain water pressure of at least 25 p.s.i. for health
reasons. I invite Tim and Corey and Josh to provide input and suggest needed changes, additions or deletions.
Scott, To help in the immediate problem of the approved development that is about to expire, these would
need to be walked on tomorrow with emergency clauses as I have written. Please let me know whether these are what
you would like to sponsor.
Kit
Civic Clerk Item No.: 2024-296
AGENDA REQUEST FORM
FOR: Council Meeting of July 2, 2024
FROM: Council Member Scott Berna
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A RESOLUTION TO APPROVE POTABLE DOMESTIC WATER ACCESS TO ELLIS
ESTATES SUBDIVISION'S PRELIMINARY PLAT WHICH WAS APPROVED BY THE
CITY ON AUGUST 9, 2021 FOR 53 WATER TAPS
APPROVED FOR AGENDA:
Alp) r Neel V i A 2f'hGZ�
Scott Berna
City Council Member
Kit Williams
City Attorney
Approved as to form
la /25 /Z�
Date
Date
DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor
City Council
CC: Susan Norton, Chief of Staff
Tim Nyander, Utilities Director
FROM: Kit Williams, City Attorney /
DATE: June 25, 2024
Kit Williams
City Attorney
Blake Pennington
Senior Assistant City Attorney
Hannah Hungate
Assistant City Attorney
Stacy Barnes
Paralegal
RE: Resolution to authorize water for the approved Ellis Estates Subdivision
Ellis Estates Subdivision had its Preliminary Plat (PPL-2021-11)
approved by Planning and Engineering on August 9, 2021. The approval
was extended until August 9, 2024. Engineering approved a grading
permit for this preliminary plat, but it expired on February 17, 2024 before
grading was accomplished.
When the owner of Ellis Estates Subdivision applied for a
replacement grading permit on May 16, 2024, the permit was not approved
by Engineering because of a change of interpretation of a Fayetteville Code
section that now requires the City Council to expressly approve any water
to be used in an unincorporated area of our Fayetteville Water District.
This changed two decades' of practice and policy that did not require
express City Council approval before extending water access into the
county.
Please see Mr. Elkins letter to me explaining his situation and his
documents showing his Preliminary Plat for Ellis Estates Subdivision had
been approved in 2021.
June 20, 2024
Chris Elkins
Ellis Estates Subdivision
PO Box 9175
Fayetteville, AR 72703
Mr. Williams,
I am writing this letter to explain the timeline of events associated with the Ellis Estates Subdivision
in East Fayetteville. I started talking to Mr. Roop who was the landowner in 2016 and remained in
contact with his son Gary Roop after his father passed away in 2019. Gary decided to sell the
property to me in June 2021 and that is when I started working on the project. I hired Blew &
Associates to survey, engineer the design and obtain approval of the subdivision. I hired Jack Tyler
Engineering on July 26, 2021 to design the step system. After several delays with Jack Tyler due to
the original designer leaving the company, Jack Tyler hired PMI to resume the project.
During this time, we were also working through the subdivision approval process with the City of
Fayetteville. We received Preliminary Plat approval on August 9, 2021, Plan Number: PPL-2021-
000011. Over the past three years we have had to extend the approval due to rising cost associated
with construction, timeline on materials and final approval from ADH & ADEQ. The approval
process with these agencies has taken longer than expected due to additional requirements that
have been newly adopted. One example is a Geological and Hydrogeologic Investigation and
Assessment Report which took four months to complete.
I applied for a grading permit which was approved but I decided not to start the grading, since we
were still waiting on additional approvals and that permit expired on February 17, 2024. Nowthat I
feel comfortable with the other approvals, I applied for a new grading permit on May 16, 2024, but it
did not pass due to the following comment: Based on UDC 51.112(C) water extensions in
unincorporated Washington County shall not occur but on the express approval of City Council.
Please reach out to utilities (Corey Granderson) if there are any questions concerning this. This is
the first time I have heard of this and to my knowledge the City of Fayetteville has not enforced this
or interpretation the Code this way since inception, until recently.
In closing I want to state that I have worked on this project for over three years and have purchased
the land, paid for interest carry, engineering & design work, step system design just to name a few
of the expenses associated with this project. It is hard for me to accept that since Ellis Estates was
approved by the City of Fayetteville Planning on August 9, 2021, it would be denied grading approval
over a new interpretation of above code. I feel the new interpretation should not affect the grading
approval since I received approval in the past and all subdivisions that have been approved since
inception of the code did not have to comply with the new interpretation. I would understand if the
code was changed since my approval, but nothing has changed. If the City would like to enforce
the new interpretation for a new subdivision, I could see that but not for a subdivision that is already
approved. If the city does not recognize the new interpretation should not apply to this subdivision,
then I would like to be added to the next City Council meeting to ask for approval for the water
extension. My Preliminary Plat approval will expire on August 9, 2024 and I have used all
extensions. If the approval expires, I will have to start the entire subdivision approval process over.
As for the moratorium on water taps in East Fayetteville, I feel it should not apply to a subdivision
that was approved in 2021 and the moratorium was placed four or so months ago. The city is fully
aware of Ellis Estates approval and the 53 water taps should have been taken into consideration
when the city approved the subdivision. Fayetteville is a water district and is the only source of
water in this area. How can the City of Fayetteville deny water for a subdivision they approved? I
have attached a list of all the city approvals for the subdivision which includes the engineering
approval which covers water taps.
Thank you
Chris Elkins
479-387-7194
6/20/24, 3:32 PM
Yahoo Mail - Fwd: Ellis Estates Information
Fwd: Ellis Estates Information
From: Jessica Teal (teal@blewinc.com)
To: broker6933@yahoo.com; buckley@blewinc com
Date: Thursday, June 20, 2024 at 02:46 PM CDT
Hey Chris,
Please see below!
Thanks!
---------- Forwarded message ---------
From: Cody Sexton <99.dy.sexton4blewinc.com>
Date: Thu, Jun 20, 2024 at 2:03 PM
Subject: Ellis Estates Information
To: Jessica Teal <teal Obiewinc.com>
City of Fayetteville has approved extending the date of the Preliminary Plat of the 59 residential lots - Approval Expires on 8-9-2024
The original Plat reviews from the City are below and are as follows.
Plan Number: PPL-2021-000011
Plan Details I Tab Elements I Main Menu
Type: Preliminary Plat Status: Approved Project Nam:
Applied Date: 06/02/2021 Expiration Date:
District: Default AsslgnedTo: Completion Date: 08/09/2021
Approval Expiration 08,,09/2024
Date:
Description: Preliminary Plat for Ellis Estates S/D - Submitted by Blew &Assoc. Inc. for properties located at 4698 E. Mission Blvd. The propertie
the Fayetteville Planning Area and contain approx. 24.70 acres. The request is for the preliminary plat of 59 residential lots. PP 297
59 Lot Residential Subdivision
53 Buildable Lots
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6/20/24, 3:32 PM
Yahoo Mail - Fwd: Ellis Estates Information
Subdivision Committee Review - CCP
Submittal Status Received Date Due Date Completed Date
Requires Re -submit 07/21/2021 07/26/2021 07/29/2021
O 911/Addressing• Requires Re -submit • Coaty Gunder • Completed: 07/23/2021
O Urban Forestry • Not Required • Scott John • Completed: 07/23/2021
O Solid Waste • Not Required • Cook Andrew • Completed: 07/26/2021
O Planning - Tech Plat Review . Approved • Umberger Ryan • Completed: 07/29/2021
O Parkland Dedication • Not Required • Scott John • Completed: 07/23/2021
O GIS • Approved • Jorgensen Todd • Completed: 07/21/2021
O Fire Marshal - Tech Plat Review • Not Required • Wandstrat Brian • Completed:
07/22/2021
15 Engineering • Approved • Ely Jonathan • Completed: 07/23/2021
The Arkansas Department of Health - I looked it up. it appears that ADH has not fully approved yet, and that their approval is contingent upon the approval of the Sanitary System, which
has been submitted by Pollution Management, INC. (PMI). This was as of 6-14-24.
Please let me know if I need to try to find any additional information. I am ignorant of the project, but if there is something else specifically I need to try to find I can do so.
Sincerely,
Cody Sexton I PE
Vice President I Engineering
cody.sexton O blewinc.com
0: (888) 933-2111
www.blewinc.com
BLEW
X O in f
Jessica Teal
Vice President I Business Operations
teal@blewinc com
C:501-620-0483
O: 888-933-2111
www blewinc com
BLEW
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