HomeMy WebLinkAbout2002-05-13 - Agendas - Final AGENDA FOR A REGULAR MEETING OF
THE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission will be held Monday, May 13,2002 at
5:30 p.m. in the City Administration Building, 113 West Mountain Street,Room 219,
Fayetteville,Arkansas.
The following items will be considered:
Consent:
Approval of minutes from the April 22,2002 and April 29,2002 meetings
2. FPL 02-6.00: Final Plat (Yorktown Square,Phase III, pp 214) was submitted by Mel
Milholland of Milholland Company on behalf of Peggy Bishop Irrevocable Trust for
property located north of Stubblefield road, between Yorktowne Square, Phase I and
Brookhaven Subdivision. The property is zoned R-1, Low Density Residential and
contains approximately 14.12 acres with 30 lots proposed.
New Business:
1. PPL 02-2.00: Preliminary Plat (Clabber Creek Place, pp 322) was submitted by Mike
Bender of Northstar Engineering Consultants, Inc. on behalf of Mathias Properties for
property located north of Mount Comfort Road and west of Rupple Road. The property
is zoned R-1, Low Density Residential and contains approximately 3635 acres with 109
lots proposed
3. RZN 02-13.00: Rezoning (CMN Business Park II, ph. I Lot 1A, pp 134)was
submitted by Mel Milholland of Milholland Engineering & Surveying on behalf of
Bristol Development Group, LLC for property owned by CMN Properties and located on
Lot 1 of CMN Business Park II, ph. I. The property is zoned C-2, Thoroughfare
Commercial and contains approximately 32.62 acres. The request is to rezone to RMF-
12, Moderate Density Multi-Family Residential.
Informational Items:
4. Stakeholders Report
5. Neighborhood Zoning Study
All interested parties may appear and be heard at the public hearings. A copy of the proposed amendments and
other pertinent data are open and available for inspection in the Office of City Planning(575-8264),City
Administration Building, 113 West Mountain Street,Fayetteville,Arkansas. All interested parties are invited to
review the petitions. Interpreters or TDD for hearing impaired are available for all public meetings. 72 hour notice
is required. For further information or to request an interpreter,please call Hugh Earnest at 575-8330.
H.IUSERSICOMMOMPLANNING12002 AGENDAIPCI5-13-02.DOC
ORDER OF PLANNING COMMISSION MEETING
A. Introduction of agenda item- Chairman
B. Presentation of request- Applicant
C. Public Comment
D. Responseyby Applicant/Questions & Answer with Commission
E. Action of Planning Commission(Discussion and vote)
NOTE TO MEMBERS OF THE AUDIENCE
If you wish to address the Planning Commission on an agenda item, raise your hand when the
Chairman asks for public comment. He will do this after he has given Planning Commission
members the opportunity to speak and before a final vote is taken. Public comment will only be
permitted during this part of the hearing for each item.
Once the Chairman recognizes you, go to the podium at the front of the room and give your
name and address. Address your comments to the Chairman, who is the presiding officer. He
will direct them to the appropriate appointed official, staff member or others for response. Please
keep your comments brief,to the point, and relevant to the agenda item being considered so that
everyone has a chance to speak.
Please, as a matter of courtesy, refrain from applauding or booing any speakers or actions of the
Planning Commission.
2002 Planning Commissioners:
Lorel Hoffman - Chairman
Bob Estes -Vice Chairman
Lee Ward - Secretary
Nancy Allen
Don Bunch
Sharon Hoover
Alice Church
Loren Shackelford
Don Marr
PPL 02-2.00
Page I
PC Meeting of May 13,2002
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS Clabber Creek Place Subdivision,PP
113 W. Mountain St.
Fayetteville,AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner,A.I.C.P.
FROM: Sara Edwards,Associate Planner
Ron Petrie P.E. , Staff Engineer
DATE: May 9,2002
Project: PPL 02-2.00: Preliminary Plat(Clabber Creek Place, pp 322) was submitted by
Mike Bender of Northstar Engineering Consultants, Inc. on behalf of Mathias Properties for
property located north of Mount Comfort Road and west of Rupple Road. The property is zoned
R-1, Low Density Residential and contains approximately 36.35 acres with 109 buildable lots
proposed.
Findings: This property is located north of Holt Middle School. As part of this preliminary
plat, Rupple Road will be extended to the north which is classified as a minor arterial on the
Master Street Plan with 90 feet of right-of-way required. Currently, 8.94% of the site has tree
canopy and the applicant is proposing to preserve 5.34% of the site in tree canopy. The required
preservation in an R-1 district is 25%. The applicant is proposing to mitigate by contribution to
the tree fund.
Recommendation: Approval subject to the conditions listed below.
Conditions of Approval:
1. Planning Commission determination of offsite improvements to Mount Comfort
Road. The Engineering Division recommends that the portion of Mount Comfort
Road adjacent to the subdivision be widened to 18'from centerline with curb &
gutter and underground drainage.
2. Planning Commission approval of an offsite street assessment in the amount of
$19,740.00 for the Rupple Road bridge across Clabber Creek. See the attached
memo from the Engineering Division for the rational nexus calculations.
3. Planning Commission determination of additional assessments for Rupple Road.
A. Rupple Road from Mount Comfort Road to the Southern Boundary of the
subdivision: The Engineering Division has provided rational nexus
calculations for the past construction of Rupple Road from Mount Comfort
Road to this subdivisions southern boundary in the amount of$19,305.58.
B. Rupple Road Onsite: The Engineering Division has provided actual costs for
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.1
PPL 02-2.00
Page 2
the installation of street subgrade material and drainage structures that were
previously constructed onsite in the amount of$21,889.63.
C. Rupple Road Onsite [Not to be Constructed]: Approximately, the northern
180 L.F. ofstreet is shown not be constructed on the preliminary plat. This
portion of street has been estimated to cost$39,600.00 to construct.
The Engineering Division recommends that in lieu of collecting these assessment
and payments, the developer widen Rupple Road from a 28'wide street to a 36'
wide street. The cost for this widening has been estimated to be $80,603.00 and
the total developer assessments/payments would be $80,795.21. See attached
memo from the Engineering Division.
4. Waterway Drive shall be dimensioned from centerline.
5. The lot widths for all lots shall be indicated on the plat. All lots shall meet the
minimum lot width in an R-1 zone, which is 70 feet.
6. The approval from the Corps of Engineers to construct the stormpipe in the
wetlands shall contain the removal of wetlands through the trail corridor.
7. Access to the adjacent lots shall be prohibited from Mount Comfort and Rupple
Roads.
8. Park land shall be included in the subdivision boundary and labeled as a lot in the
subdivision.
9. Planning Commission approval of the tree preservation plan. Currently, 8.94% of
the site is covered with tree canopy. The applicant is proposing to preserve 5.34%
and contribute a payment in the amount of approximately$40,000 to the tree fund.
The Landscape Administrator is recommending this approximate amount due to
the possibility of a decreased assessment upon further determination of tree
health.
10. Planning Commission recommendation for a City cost share to widen the six foot
sidewalk along the west side of Rupple Road to a ten foot trail to match the trail
from Mount Comfort Road to the subdivision's southern boundary. This cost-
share is estimated to be $10,980 which would require the approval of the City
Council or Mayor in order to allocate the funds for the cost-share.
11. Plat Review and Subdivision comments (to include written staff comments
provided to the applicant or his representative, and all comments from utility
representatives—AR Western Gas, SWBT, Ozarks, SWEPCO, Cox
Communications)
12. Staff approval of final detailed plans, specifications and calculations (where
applicable) for grading, drainage, water, sewer, fire protection, streets (public and
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.2a
PPL 02-2.00
Page 2
the installation of street subgrade material and drainage structures that were
previously constructed onsite in the amount of$21,889.63.
C. Rupple Road Onsite [Not to be Constructed]: Approximately, the northern
180 L.F. ofstreet is shown not be constructed on the preliminary plat. This
portion of street has been estimated to cost$39,600.00 to construct.
The Engineering Division recommends that in lieu of collecting these assessment
and payments, the developer widen Rupple Road from a 28'wide street to a 36'
wide street. The cost for this widening has been estimated to be $80,603.00 and
the total developer assessments/payments would be $80,795.21. See attached
memo from the Engineering Division.
4. Waterway Drive shall be dimensioned from centerline.
5. The lot widths for all lots shall be indicated on the plat. All lots shall meet the
minimum lot width in an R-1 zone, which is 70 feet.
6. The approval from the Corps of Engineers to construct the stormpipe in the
wetlands shall contain the removal of wetlands through the trail corridor.
7. Access to the adjacent lots shall be prohibited from Mount Comfort and Rupple
Roads.
8. Park land shall be included in the subdivision boundary and labeled as a lot in the
subdivision.
9. Planning Commission approval of the tree preservation plan. Currently, 8.94% of
the site is covered with tree canopy. The applicant is proposing to preserve 5.34%
and contribute a payment in the amount of approximately$40,000 to the tree fund.
The Landscape Administrator is recommending this approximate amount due to
the possibility of a decreased assessment upon further determination of tree
health.
10. Planning Commission recommendation for a City cost share to widen the six foot
sidewalk along the west side of Rupple Road to a ten foot trail to match the trail
from Mount Comfort Road to the subdivision's southern boundary. This cost-
share would have to be approved by the City Council or Mayor in order to allocate
the funds for the cost-share.
11. Plat Review and Subdivision comments (to include written staff comments
provided to the applicant or his representative, and all comments from utility
representatives—AR Western Gas, SWBT, Ozarks, SWEPCO, Cox
Communications)
12. Staff approval of final detailed plans, specifications and calculations (where
applicable) for grading, drainage, water, sewer, fire protection, streets (public and
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.2
PPL 02-2.00
Page 3
private), sidewalks,parking lot(s) and tree preservation. The information
submitted for the plat review process was reviewed for general concept only. All
public improvements are subject to additional review and approval. All
improvements shall comply with City's current requirements.
13. Park land dedication in the amount of 2.54 acres.
14. Sidewalk construction in accordance with current standards to include a six foot
trail along the west side of Rupple Road (10 foot if cost-share approved by City
Council), six foot sidewalk on the east side of Rupple Road, six foot sidewalks
along Brookside, four foot sidewalks along Creekside, Cattail, and WoodDuck, a
four foot sidewalk along Edgewater and Water Way and a six foot sidewalk along
Mt. Comfort.
15. Preliminary Plat approval shall be valid for one calendar year.
Background:
The proposed preliminary plat was reviewed at the January 30, 2002 Technical Plat Review and
was tabled until a Lot Split could be proposed for the entire subdivision boundary. After the lot
split was approved, the project was reviewed at the April 17, 2002 Technical Plat Review and
the May 2, 2002 Subdivision Committee Meeting.
Discussion at the Subdivision Committee meeting included tree preservation, wetlands, street
assessments/improvements, Parks Division requirements..
The Subdivision Committee forwarded the Large Scale Development to the full Planning
Commission with all staff comments.
Infrastructure:
a.) Water will be extended to serve this development.
b.) Sanitary Sewer will be extended to serve this development.
c.) Streets. See conditions of approval.
d.) Grading and Drainage. A preliminary grading plan and drainage report has been submitted
and reviewed for general compliance. A final review and approval will be necessary before
construction can begin.
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.3
PPL 02-2.00
Page 4
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
Comments:
CITY COUNCIL ACTION: Required
Approved Denied
Date:
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted in total
without exception by the entity requesting approval of this development item.
By
Title
Date
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.4
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain St.
Fayetteville,AR 72701
Telephone:501-575-8264
ENGINEERING DIVISION CORRESPONDENCE
TO: Subdivision Committee/Planning Commission Members
FROM: Ron Petrie P.E., Staff Engineer
DATE: May 9, 2002
SUBJECT: Clabber Creek Place Subdivision(PPL 02-02.00)
Rupple Road Assessments
The following is the Engineering Division's recommendation to the Planning Commission for Offsite
street assessments for Rupple Road:
1. RUPPLE ROAD FROM MOUNT COMFORT ROAD TO SUBDIVISION:
Rupple Road was completed in 2000 from Mount Comfort Road to this subdivision's southern property
line to serve the new Holt Middle School and land to the north of the school that was being developed at
the time. This portion of Rupple Road was constructed with a street width of 36' even though Rupple
Road is classified as a Minor Arterial on the Master Street Plana Therefore,the Engineering Division
recommends an offsite street assessment for this portion of Rupple Road based on the following rational
nexus calculations:
Projected Traffic from Subdivision(109 lots at 9.57 vpd/lot) - 1,043 vpd
Assume 50%use Rupple Road—522 vpd
Street Capacity for a Minor Arterial— 14,800 vpd
Percentage of Traffic from Development- 3.527%
Actual City Costs of Rupple Road Construction=$547,361.26
Clabber Creek Subdivision's Assessment=$547,361.26(0.03527)= 19 305.58
2. RUPPLE ROAD ONSITE:
A. PREVIOUSLY CONSTRUCTED PORTION. A portion of the street subgrade and drainage for
Rupple Road was installed across The Clabber Creek Place Subdivision when the southern portion
was constructed. This construction occurred because a past developer agreed to cost-share with the
City to extend Rupple Road northward and provide a connection to Salem Road. During construction
it was discovered that this developer was declaring bankruptcy and the City immediately ceased this
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.5
portion of the construction. Therefore, the Engineering Division is recommending that this developer
be assessed for the portion of road construction that was completed on the property, as follows:
Actual City costs for hillside material installation onsite (28' wide only) $15,389.63
Actual City costs for drainage structures (3 each with various sizes) -----$ 6,500.00
Total City Costs for Rupple Road onsite---------------------------- $21.889.63
B. PORTION NOT TO BE CONSTRUCTED. The developer is proposing to not construct the northern
approximately 180 L.F. of Rupple Road. The Staff is in agreement with this request due to the
unknown elevations needed for the Clabber Creek bridge abutments. Therefore, the Engineering
Division is recommending that the developer pay for this portion of a 28' wide street. Following is
the cost for this construction:
Developer Cost to extend street to North property Line:
180 L.F. ($220.00/L.F.)=$39,600.00
C. RUPPLE ROAD WIDENING COST FROM 28' TO 36'. It is recommended that Rupple Road be
constructed to match the 36' wide offsite portion 850 L.F.through the subdivision. The following is
the cost to widen Rupple Road from 28' to 36' in width through the subdivision:
Cost of 36' wide Street=850 L.F.($320/L.F.)= $272,000.00
Cost of 28' wide Street= 850 L.F.($220/L.F.)= $187,000.00 (-)
Actual Cost of portion constructed beyond 28' =$ 4,397.00 (-)
City Cost to Widen Rupple Road from 28' to 36' = $ 80',603.00
The developer of the Clabber Creek Place Subdivision would only be responsible in constructing a
28' wide street through the subdivision. Therefore, it is recommended that the assessments and
money being collected for the unconstructed portion be used to offset the City costs for this widening.
The following is a summary of the developers costs and possible city costs:
Developer's Costs:
Offsite Rupple Road Assessment= $19,305.58
Onsite previously constructed= $21,889.63 (+)
Northern portion not constructed= $39,600.00 (+)
TOTAL DEVELOPER'S COST= $80,795.21
Possible City Costs:
Widen Street from 28' to 36' _ $80,603.00
3. BRIDGE OVER CLABBER CREEK:
In addition to these costs,the Engineering Division recommends that this subdivision be assessed for a
percentage of the construction costs to construct a bridge over Clabber Creek. The following is a rational
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.6
nexus calculation for this offsite improvement:
Approximate Rupple Road Bridge dimensions:
Length—250 L.F.; Width—56'; Surface Area of Decking— 14,000 s.f,
Projected Traffic from development— 1,043 vpd
Assume 40% of vehicle trips will be northward-417 vpd
Minor Arterial traffic capacity= 14,800 vpd
%Traffic from development=0.0282
Clabber Creek Bridge Costs:
14,000 s.f($50.00/s.f)=$700,000.00
Clabber Creek Subdivision Percentage of Costs:
0.0282($700,000.00)=$19,740.00
Therefore,the Engineering Division recommends that the Clabber Creek Subdivision beassessed$19,740.00
for the future Rupple Road Bridge across Clabber Creek.
4. SUMMARY OF RECOMMENDATIONS:
A. Offsite Assessment for portion from Mount Comfort Road to Southern Boundary-319,305.58
B. Payment to the City for previously constructed onsite street subgrade/drainage: $21,889.63
C. Payment to the City for northern onsite portion not to be constructed: $39,600.00
D. In lieu of collecting the three assessments/payments,the Engineering Division recommends that
the developer widens and constructs Rupple Road through the subdivision from 28' to 36' at a cost of
$80,603.00. 1
E. Offsite Assessment for Rupple Road Bridge over Clabber Creek: $19,740.00
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.7
FAYETTEVILLE 4HVED
OEC 1 8 2271
Z[ " THE CITY OF FAYETTEVILLE,ARKANSAS
Kit Williams 11CITY ATTORNEY DIVISION
3 WEST MOUNTAIN,72701
PHONE 5013758313
CITY ATTORNEY FAX:5013758315
DATE: 12/17/2001
TO: Ron Petrie, Staff Engineer
CC: Tim Conklin,City Planner; File
FROM: David J.Whitaker, Assistant City Attorney!✓
RE: " RUPPLE ROAD LIEN FROM PRESTIGE PROPERTIES
I. Summary of Facts
In response to questions concerning the pending development of the property
located north of Mt. Comfort Road and east of Hughmont Road, I have
conducted a thorough review of the Washington County Circuit Clerk's file in
the case of Simmons First Bank v. Prestige Properties et al, (Case No. E99-2245). This
memo sets forth my best understanding of the case's outcome and the status of
the lien and other conveyances granted the City in March 1998.
On March 17, 1998, the City Council approved an agreement .between
Prestige Properties and the City, incorporating a lien in favor of the City on the
approximately 183 acre tract, and other conditions of development. The
agreement was executed by the parties on March 31, 1998 and filed of record on
April 16, 19981. Unbeknownst to the City, Prestige Properties had granted a
mortgage in the land to Bradford B. White, Sr. on March 26, 1998, thus vesting a
superior claim to the property in Mr. White. Mr. White subsequently assigned
his rights under the mortgage to Simmons First Bank, who brought suit to
foreclose.
On February 24, 2000, Simmons First Bank was granted a Decree of
Foreclosure by the Honorable Warren O. Kimbrough, Circuit Judge (on
assignment). This Decree contained, among other things, clauses acknowledging
both the City of Fayetteville's interest in various easements and conveyances,
I This date is erroneously given as'April 16, 1999'in all of the City's court filings. One can only speculate
whether this may have adversely affected the City's rights in the litigation.
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.8
2
and the existence and validity of the lien in question. It did, however, relegate
the City to the fourth level of priority after (1) court costs, (2) Simmons First
Bank, and (3) Employers Mutual Casualty Company,respectively.
Unfortunately, Judge Kimbrough 'set aside' this Decree on other grounds on
March 13, 2000, and the case proceeded toward trial. On April 28, 2000,
Simmons First Bank filed its Second Amended Complaint adding Fayetteville
School District No. 1 as a separate Defendant, in light of a judgment the District
had won against Prestige Properties for failing to provide promised water and
sewer improvements2.
On May 24, 2000, the case was heard before the Honorable Mark Lindsay,
who the Governor had subsequently appointed as Chancery Judge. The new
Decree of Foreclosure, filed on June 29, 2000, contains no language
acknowledging the City's interests. Indeed, the City is not even mentioned in the .
recitation of priorities3. For reasons not reflected in the record, Assistant City
Attorney LaGayle McCarty signed-off on the new Decree4. The Clerk's file
contains no hint as to why language so beneficial to the City's interests went
missing from the final Decree. The most damaging portion of the Decree strips
all of the Defendants of their interests in the land and leaves all claims "in and to
said property and any part thereof...foreclosed and forever barred."5
The property in question was transferred by forced judicial sale to Bradford
B. White, Sr., who then assigned all of his rights under the Decree to Charlie and
Carolyn Farrell on August 25, 2000. The vast bulk of the sale proceeds went to
satisfy Simmons First Bank's Judgment, with a tiny remainder distributed to Mr.
White6. None of the other claimants received a red cent.
II. The Lien
Due to the fact that our lien was never mentioned in the Decree of
Foreclosure, it is probably unenforceable. Even if it were enforceable, there
simply is no money left to satisfy it, and the land now belongs to an innocent
third party who has a clean Commissioner's Deed to the property. In light of the
fact that properties being developed are usually mortgaged, and that the
'-Case No. CIV 2000-278,decided by Circuit judge Kim Smith,April 25,2000.
S The creditors ranked as follows: (1)court costs,(2)Simmons First Bank,(3)Bradford B.White,Sr.,(4)
Employers Mutual Casualty Company,(5)Robert O.McBride,and(6)Fayetteville School District No. 1.
'It is customary for the judge to assign the task of drafting a proposed Order or Decree to the attorney of the
prevailing party in a suit. The text is circulated to the attorneys for the other parties,and each attorney
acknowledges his or her approval by signing a copy,which in tum is filed in the record.
Page 7,D-esoc of For to . ,May 24,2000.
a Mr.White subsequently turned the money over to Simmons First Bank to settle the remaining claims against
him.So,in actuality,Simmons got everything. Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.9
3
mortgage-holder will invariably have the first (and only) shot at any sale
proceeds, the City should avoid accepting liens. In the future, it would be safer
to guarantee the construction of improvements by bond or letter of credit.
III. Conveyances and Easements
As stated above, none of the conveyances or easements sought by the City of
Fayetteville are mentioned in the final Decree. Consequently, any of these not
transferred and recorded before June 29, 2000, are unenforceable against the new
owners of the property. Any that may have been conveyed prior to that date
would probably run with the land and be enforceable against all subsequent
owners. The bottom line is that most, if not all, of these conveyances and
easements will have to be negotiated from scratch with the new owners as they .
come through the development process. -
I hope this has shed some light on a confusing and unfortunate chain of
events. I regret that I cannot bring you better news. If you have any questions
concerning this matter,please contact me at Ext.313.
DJW
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.10
RESOLUTION NO. 32-98
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PRESTIGE PROPERTIES, DEVELOPMENT AND
CONSTRUCTION, INC. AND THE CITY OF FAYETTEVILLE
FOR MUTUAL PROMISES, COVENANTS, CONDITIONS AND
STIPULATIONS REGARDING PROPERTY LOCATED NORTH
OF MT. COMFORT ROAD AND EAST OF HUGHMOUNT
ROAD.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1. That the City Council hereby approves an agreement between Prestige
Properties, Development and Construction, Inc. and the City of Fayetteville for mutual promises,
covenants, conditions and stipulations regarding property located north of Mt. Comfort Road and
east of Hughmount Road; and authorizes the Mayor and City Clerk to execute said agreement. A
copy of the agreement is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 17'h day of March , 1998.
• APPROVED
By: 4
Fed Hanna,Mayor
Heather Woodruff, Cit� Jerk
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.11 y
AGREEMENT
THIS AGREEMENT is made and entered into this . la-t day of
1998, by and between the City of Fayetteville, Arkansas, (hereinafter referred to as "City"),
and Prestige Properties, Development and Construction, Inc., an Arkansas Corporation
(hereinafter referred to as "Prestige"). For and in consideration of the mutual promises,
covenants, conditions and stipulations hereinafter set forth, all parties hereto do agree as
follows, to wit:
1. Prestige will pay the cost of constructing Rupple Road to a width of a 28 feet, curb
and gutter section with a 10 feet trail located on the west side, from Mt. Comfort Road to a
point approximately 100 feet north of the centerline of Serenity Way.
2. Payment for said road construction costs will be made on a pro rata basis to the City
by Prestige as each tract or phase of development within the 183 acre tract receives large
scale development or PUD approval. Development shall be in tracts or phases over a term
of 12 years.
3. The City will timely commence and complete construction of that portion of Rupple
Road described in paragraph 1 above to service the new middle school and will be
reimbursed by Prestige for the cost of construction the road in the manner described above.
4. Prestige will give to the City a recordable lien on the approximately 183 acre tract for
the cost of Prestige's construction obligation.
5. The City will promptly release the lien on each tract or phase of development upon
receiving payment on a pro rata basis at the time each tract receives large scale development
or PUD approval.
6. Prestige agrees to convey a 20 acre tract within the 203 acres to be annexed adjoining
the Rupple Road construction to the Fayetteville School District No. 1.
7. Prestige agrees to convey a minimum of 40 acres within the 203 acres to be annexed
to the City as park land.
8. The City agrees to accept Prestige's road construction obligation set forth herein as
fulfilling any obligation Fayetteville School District No. I. may have, now or in Lieu com ission
ar 1P 2002
PPL02-2 Clabber Creek
Page 1.12
any improvements to Rupple Road due to construction of a school and/or improvements on
the aforementioned 20 acre parcel.
9. The City recognizes that Prestige has already made a contribution to the construction
of the portion of Rupple Road described herein and agrees to give Prestige credit for that
contribution to ensure Prestige does not pay twice for the same thing. The credit will be
applied to the first tract or phase of development that receives large scale development or
PUD approval, and to each tract or phase thereafter until the credit is used in full.
10. This Agreement reflects the parties' total agreement regarding Prestige's obligation to
that portion of Rupple Road described in paragraph 1 above. It is not intended in any way to
reflect any agreement of the parties as to any other obligations of development set forth in
the ordinances of the City; provided, however, that in addition to the obligation assumed for
Rupple Road under Paragraph 1, for its entire contribution to Rupple Road related to
development of Serenity Place and the above-described 183 acre tract, Prestige shall pay
only the actual cost presently required by ordinance, agreed not to exceed $185,000, for the
remaining construction of Rupple Road from the northern boundary described in Paragraph 1.
to Prestige's north property line. This amount includes '/2 the cost of a 28 foot width street,
and Prestige's proportionate share of the City's cost to build a 32 foot bridge on Rupple Road,
determined on the date of this agreement as shown on the attached Exhibit A, which is
incorporated herein by reference. These costs shall be borne proportionately by each phase
of development when built.
11. Prestige makes the material assertions contained herein voluntarily and with the
knowledge and intent that the City will rely upon the assertions contained herein.in Prestige's
application for annexation, zoning, variances and any other matters which may be requested
by Prestige of the City in regard to this land.
12. Prestige shall be excused from all obligations to the City under this Agreement if the
City, or .any City representative, board, authority or council, shall fail to approve the
annexation, zoning and variances contemplated by this Agreement.
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.13
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto as
of the date and year first above written.
CITY OF FAYETTEVILLE, ARKANSAS
By:
PRESTIGE PROPERTIES, DEVELOPMENT
AND CONSTRUCTION, INC., an Arkansas
Corporation —
By: (M e�
Tim Reynolds, President
City's Agreement,Revised 3.16.98 Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.14
EXHIBIT A
TO AGREEMENT BETWEEN THE CITY OF FAYETTEVILLE
AND PRESTIGE PROPERTIES, DEVELOPMENT AND CONSTRUCTION, INC.
dated March 17, 1998
PRF.STTGF PROPERTIES
MAXIMITTv1 OBLIGATION ANAL YSLS ETTPPI F ROAD NORTL,
Assuming;
(a)Rupple Road North has length of 9,200'. This equates to 18400 frontage feet (9,200 x2).
(b) Local road cost per city is$190/ft or$95/frontage ft.
(c) Bridge cost is $50/sq. ft. and bridge is 28 ft. plus 4 ft. walk or 32 ft.*
Total cost is 250 x 32 x $50=$400,000.00
Schoo I'c Obli gat'on - 1,566.26 frontage+ bridge
Street 1,566.26 x $95 = $148,794.70
Bridge 1,166=8.51% x 400,000= $ 34-04000
18,400 Total $182,834.70
Sarcaity Way Obligation - 990.5 frontage +bridge
Street 990.5 x$95 = $ 94,097.50
Bridge 920.5=5.38% x 400,000= S-ZL5 0 00
18,400 Total $115,617.50
Required Ohligat'on for School and Sr nit;. Slav
Required amount $440,000.00
Less School Obligation ($182,834.70)
Less Serenity Obligation ($115.617 )
Excess paid over and above** Total $141,247.80
Balance due on R ipnle by Prestige
Frontage is equal to 1,712.12
less bridge 250= 1,462.12
Street 1,462.12 x $95 = $138,901.40
Bridge 1_,712 = 9.30% x 400,000 $ 37 00 00
18,400 Total $176,101.40
Total Ohl'pati on
For School and Serenity Way $440,000.00
Balance on Ruppie Road $176,101.40
Additional Required by City** $ 8.898.60
Maximum Total Obligation Total $625,000.00
Planning Commission
Additional changes over and above ordinance paid by developer $150, May t3, 2002
* ordinance does not address bridge contribution requirement � ¢b�O2 Clabber Creek
Pa
** not required by ordinance Page 1.15
DFCLARATION OF I IFN
KNOW ALL MEN BY THESE PRESENTS:
On this 3 1"_ day of March 1998, for and in consideration of the sum of$1.00
and other good and valuable consideration, the receipt of which is hereby acknowledged,
Prestige Properties, Development and Construction, Inc., an Arkansas corporation,
(hereinafter referred to as the "Owner'), does hereby grant a lien to the City of Fayetteville,
Washington County, Arkansas, an Arkansas Municipal Corporation, (hereinafter referred to
as the "City"), and unto its successors and assigns, against the following described property
situated in Washington County, Arkansas:
SEE ATTACHED EXHIBIT "A"
INCORPORATED HEREIN BY REFERENCE
The foregoing lien is given for the purpose of securing the Owner's obligation to pay
for certain improvements being requiied by the City in connection with the City's grant of
a variance concerning certain street improvements, which are the responsibility of
Fayetteville School District No. 1, on the above-described real estate, with said obligation
being more specifically set forth in an Agreement date-March 11 1998 between the Owner
and the City.
It is agreed by and between the Owner and the City that the above-described real
estate shall be developed in separate tracts. As the pro-rata share of the payment for the
improvements is paid for each tract developed, the Owner shall have the right to obtain
partial releases of this lien, in connection therewith. The City shall take any and all action
necessary to provide appropriate timely releases of this lien for each such tractac ev pmm-2002
zooz
PPL02-2 Clabber Creek
Page 1.16
Upon the payment of all sums which owner is obligated to pay pursuant to the above-
referenced Agreement, this lien shall become void and the City shall promptly take any and all
action necessary to fully release said lien.
WITNESS our hands and seals on the date first above written.
PRESTIGE PROPERTIES, DEVELOPMENT,
AND CONSTRUCTION, INC., an Arkansas
Corporation
7ecre
T:y
By: �I t-
Tim Reynolds, President
ACKNOWLEDGMENT
STATE OF ARKANSAS )
ss.
COUNTY OF WASHINGTON )
BE IT REMEMBERED, that on this day came before the undersigned, a Notary Public,
duly commissioned and acting within and for the County and State aforesaid, Tim Reynolds and
b as President and Secretary, respectively, of Prestige Properties,
Development and Construction, Inc., personally known to me to be the persons subscribing to
the foregoing Declaration of Lien, and who stated to me that they had executed the same for the
purposes and considerations therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal this Y as-t
day of )"} l cZh_ t 1998.
My Commission Expires:
G
� �cG(
C' ;�����n'�— 'oOr3i3vrry Public
z " Planning Commission
C kP
J iI May 13, 2002
\O\ - PPL02-2 Clabber Creek
!D . ,._../n Page 1.17
PART OF FRACTIONAL SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST AND
A PART OF FRACTIONAL SECTION 1, TOWNSHIP 16 NORTH, RANGE 31 WEST,
ALL IN WASHINGTON COUNTY, ARKANSAS, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS, TO WIT:
BEGINNING AT A FOUND STONE THAT REPRESENTS THE CENTER OF SAID
FRACTIONAL SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, THENCE
RUNNING NORTH 0025'42" WEST - A DISTANCE OF 1320.00 FEET, (DEED NORTH
1320.00 FEET); THENCE NORTH 89039121" EAST(DEED N 89059140" E) - A DISTANCE
OF 85.00 FEET; THENCE SOUTH 0°25'42" EAST - A DISTANCE OF 1320.00 FEET,
(DEED SOUTH 1320.00 FEET), TO A FOUND IRON PIN; THENCE SOUTH 0007131"
WEST - A DISTANCE OF 220.89 FEET, (DEED SOUTH 220.00 FEET), TO A FOUND
IRON PIN; THENCE NORTH 89°35'47' EAST - DISTANCE OF 1218.65 FEET TO A
FOUND IRON PIN; THENCE NORTH 0°19133" WEST - A DISTANCE OF 219.63 FEET
(DEED NORTH 220.00 FEET), TO A FOUND STONE; THENCE NORTH 89048152" EAST
- A DISTANCE OF 1320.39 FEET (DEED N 89°45'00" E) TO A FOUND STONE THAT
MARKS THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID
FRACTIONAL SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST; THENCE
SOUTH 0010'25" WEST - A DISTANCE OF 1320.00 FEET; THENCE SOUTH 1°34'08"
WEST - A DISTANCE OF 1179.04 FEET; THENCE NORTH 89°59'06" WEST - A
DISTANCE OF 1143.38 FEET, THENCE SOUTH 0°0'54" WEST - A DISTANCE OF
764.20 FEET; THENCE SOUTH 89°59106" EAST - A DISTANCE OF 1139.94 FEET,
THENCE SOUTH 0001'29" EAST - A DISTANCE OF 384.08 FEET TO A FOUND
CONCRETE MONUMENT; THENCE SOUTH 89°08'45" WEST (DEED N 89°58'30" W),
A DISTANCE OF 47.96 FEET TO A SET IRON PIN; THENCE NORTH 1°47'57" WEST-
A DISTANCE OF 209.00 FEET TO A SET IRON PIN;THENCE NORTH 105111511 WEST-
A DISTANCE OF 160.00 FEET TO A SET IRON PIN;THENCE NORTH 89°59'06" WEST
(DEED S 89°41'38" W), - A DISTANCE OF 1080.42 FEET TO A SET IRON PIN;
THENCE SOUTH 1047'2011 EAST - A DISTANCE OF 369.49 FEET TO A FOUND
CONCRETE MONUMENT; THENCE SOUTH 1021'49" EAST- A DISTANCE OF 325.82
FEET TO THE CENTERLINE OF MOUNT COMFORT ROAD; THENCE NORTHWEST
ALONG SAID CENTERLINE NORTH 89°10'08" WEST - A DISTANCE OF 31.58 FEET;
THENCE NORTH 69059'08" WEST - A DISTANCE OF 122.60 FEET; THENCE NORTH
52015108" WEST - A DISTANCE OF 94.14 FEET; THENCE NORTH 4°19'06" WEST
(DEED N 3.5910" W), - A DISTANCE OF 713.63 FEET TO A FOUND IRON PIN;
THENCE SOUTH 89041100" WEST (DEED WEST), - A DISTANCE OF 183.06 FEET TO
A FOUND IRON PIN; THENCE SOUTH 0031'55" EAST (DEED S 0006100" E), - A
DISTANCE OF 618.25 FEET; THENCE NORTH 89°54'38" WEST - A DISTANCE OF
778.70 FEET; THENCE NORTH 0014'33" EAST (DEED: N 0017130" E 871.201), A
DISTANCE OF 872.38 FEET TO A FOUND AXLE; THENCE SOUTH 89°58'26" WEST -
A DISTANCE OF 249.89 FEET, (DEED: N 89°58'30" W 250.00 FEET), TO A FOUND
IRON PIN; THENCE NORTH 0016'04" EAST (DEED: N 0°11'46" E) ALONG A FENCE
LINE-A DISTANCE OF 255.42 FEET TO A SET IRON PIN; THENCE NORTH 0°18'35"
EAST ALONG A FENCE LINE - A DISTANCE OF 2640.15 FEET (DEED: N 0°22'00" E
2640.05'), TO THE POINT OF BEGINNING, CONTAINING IN ALL 183.05 ACRES,
MORE OR LESS, SUBJECT TO EASEMENTS AND RIGHTS OF WAY.
Planning Commission
May 13, 2002
PPL02-2 Clabber Creek
Page 1.18
0
PPL02-2.00 CLABBER CREEK
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/ Clabber
FPL 02-6.00
Page I
PC Meeting of May 13, 2002
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS Yorktowne Square,Phase III,FP
113 W. Mountain St.
Fayetteville,AR 72701
TO: Fayetteville Planning Commission Members
THRU: Tim Conklin, City Planner, A.I.C.P.
FROM: Sara Edwards,Associate Planner
Ron Petrie P.E. , Staff Engineer
DATE: May 9,2002
Project: FPL 02-6.00: Final Plat (Yorktowne Square, Phase 111, pp 214) was submitted
by Mel Milholland of Milholland Company on behalf of Peggy Bishop Irrevocable Trust for
property located north of Stubblefield road, between Yorktowne Square, Phase I and Brookhaven
Subdivision. The property is zoned R-1, Low Density Residential and contains approximately
14.12 acres with 30 lots proposed.
Findings: The preliminary plat for this property was approved on May 8, 2000 subject to a
note on the plat that lot 93 not be allowed to be split as well as a waiver for Devonshire Place
being longer than 500 feet and ending in a cul-de-sac. Streets and Sidewalks have been
constructed and utilities have been installed.
Recommendation: Approval subject to the conditions listed below.
Conditions of Approval:
1. Plat Review and Subdivision comments (to include written staff comments provided to
the applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, Cox Communications)
2. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat.review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval. All improvements shall comply with City's current
requirements.
3. Payment of parks fees in the amount of$13,630 (29 units@ $470 each).
4. Prior to signing the final plat the following is required:
a. Project Disk with all final revisions
b. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by§158.01 "Guarantees in Lieu of Installed
Improvements" to guarantee all incomplete improvements. Final layer of pavement and
sidewalks are the only items which may be guaranteed. All completed improvements will
Planning Commission
May 13, 2002
FPL 02-6 Yorktowne Square
Page 2.1
FPL 02-6.00
Page 2
be verified by the City Engineering office and shall include monuments, lot stakes, curbs
and gutters, storm drainage, culverts and bridges, water supply, sanitary sewer system,
and street lights.
Background:
The preliminary plat for this subdivision was approved at the May 8, 2000 Planning Commission
Meeting. The final plat was reviewed at the April 17, 2002 Technical Plat Review and the May
2, 2002 Subdivision Committee Meetings.
Discussion at the Subdivision Committee meeting included the conditions of approval
The Subdivision Committee forwarded the Large Scale Development to the full Planning
Commission subject to all staff comments.
Infrastructure:
a.) Water. Existing
b.) Sanitary Sewer was extended to serve this development.
c.) Streets. Existing
d.) Grading and Drainage. Not applicable for a final plat.
PLANNING COMMISSION ACTION: yes Required
Approved Denied
Date:
Comments:
Planning Commission
May 13, 2002
FPL 02-6 Yorktowne Square
Page 2.2
FPL 02-6.00
Page 3
CITY COUNCIL ACTION: Required
Approved Denied
Date:
The "CONDITIONS OF APPROVAL", beginning on page one of this report, are accepted
in total without exception by the entity requesting approval of this development item.
I3y
Title
Date
Planning Commission
May 13, 2002
FPL 02-6 Yorktowne Square
Page 2.3
FPL02-06.00 YORKTOWNE
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F"L 02-6 Yorkiowne Square
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Planned
0.25 0.125 0 0.25 '*hro.9istodc CoiiectoD.75 May 13, 2002
,Y life -6 Yorktown Square
Page 2.5
RZN 02-13.00
CMN Business Park II,Ph1,Lot I
FAYETTEVILLE
THE CITY OF FAYETTEVILLE,ARKANSAS
113 W. Mountain SL
Fayetteville,AR 72701
Telephone:(479)575-8264
PLANNING DIVISION CORRESPONDENCE
TO: Fayetteville Planning Commission
FROM: Shelli Rushing, Associate Planner
THRU: Tim Conklin,A.I.C.P., City Planner
DATE: May 9, 2002
RZN 02-13.00: Rezoning (CMN Business Park II,ph.I Lot 1A, pp 134)was submitted by
Mel Milholland of Milholland Engineering & Surveying on behalf of Bristol Development
Group, LLC for property owned by CMN Properties and located on Lot 1 A of CMN Business
Park II, ph. 1. The property is zoned C-2, Thoroughfare Commercial and contains approximately
32.62 acres. The request is to rezone to RMF-12, Moderate Density Multi-Family Residential.
RECOMMENDATION:
Staff recommends approval of the requested rezoning based on the findings included as
part of this report.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: May 13, 2002
CITY COUNCIL ACTION: Required YES
O Approved O Denied
Date: June 4, 2002 (1"reading, if recommended)
Comments:
H:1 USERSICOMMONIDANNIIREPORTSIPCI2001_REPORMBRISTOL_RZN02-I DOC
Planning Commission
May 13, 2002
RZN 02-13 CMNBusniess Park 11,ph. 7 Lot IA
Page 3.1