HomeMy WebLinkAbout128-93 RESOLUTIONIt
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RESOLUTION NO. 128-93
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A RESOLUTION AUTHORIZING THE LEGAL DEPARTMENT
TO ACCEPT THE SETTLEMENT OFFER IN THE APPEAL
REGARDING THE PROPOSED MASTER SUBDIVISION,
WRIGHT-PENCE, INC., ET AL V. CITY OF FAYETTEVILLE,
ET AL, SUMMERS, ET AL, INTERVENORS, CIV 93-752.
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the Council hereby authorizes and directs the legal department to
accept the settlement offer in the appeal regardmg the proposed Masters Subdivision, Wnght-
Pence, Inc., et al v. City of Fayetteville, et al, Summers, et al, Intervenors, CIV 93-752. A
copy of the order is attached hereto marked Exhibit "A" and made a part hereof.
PASSED AND APPROVED this 7th day of December , 1993.
ATTEST:
By:
Sherry 19 Thomas, City Clerk
APPROVED:
By:
red Hanna Mayor
IN THE CIRCUIT COURT OF WASHINGTON COUNTY, ARKANSAS
WRIGHT-PENCE, INC., DALLAS
WRIGHT, DEE WRIGHT, ELDON
PENCE AND DRYDEN PENCE
VS. NO. CIV 93-752
CITY OF FAYETTEVILLE, ARKANSAS
AND PLANNING COMMISSION OF
FAYETTEVILLE, ARKANSAS
WILLIAM SUMMERS AND JEANETTE SUMMERS,
GARON MARTIN AND VICKIE MARTIN, TROY W.
COX AND MARY COX, AL METZ AND LENORA METZ,
GLEN ALFORD AND MARY ALFORD,
FRANK GRAMMER AND SANDRA GRAMMER, AND
JERRY T. HART AND SUE HART
ORDER
PLAINTIFFS
DEFENDANTS
INTERVENORS
On the 9,&, day of December, 1993 is presented to the Court
the joint motion of Plaintiffs, Defendants and Intervenors to
dismiss Plaintiffs' appeal with prejudice. From said motion, the
brief in support thereof, a review of the complete case file, and
statements of counsel, the Court finds:
1. Pursuant to Ark. Code Ann. S14-56-425 (1987), Plaintiffs
have appealed to Washington County Circuit Court from decisions by
the Fayetteville Planning Commission and Fayetteville City Council
denying Plaintiffs' request for approval of a preliminary
subdivision plat for The Masters Subdivision, Phase I, consisting
of eighteen (18) lots. (Phase II of the proposed subdivision as
reflected on said preliminary plat would consist of an
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additional thirty-five (35) lots.
2. Intervenors are land owners whose homes are adjacent to or
near the proposed subdivision. The area is commonly known as
"Country Club Hill".
3. Intervenors objected to preliminary plat approval for The
Masters Subdivision contending that (1) the only road (24th street)
providing access to "Country Club Hill" and the proposed
subdivision does not provide " safe and adequate vehicular access"
as required by 5159.49 (E) of the Fayetteville subdivision
ordinance, and (2) water pressure in the city's water lines on
"Country Club Hill" is not adequate to support the proposed
subdivision, existing homes on Country Club Hill and Fayetteville
Country Club.
4. City staff recommended to the Fayetteville Planning
Commission that Phase I of the Masters Subdivision be approved but
that no further development be approved within the water service
area of the Country Club Pump Station until improvements are made
which will provide the flows necessary for such development.
5. Plaintiffs have revised the preliminary plat of The
Masters Subdivision to reflect fifteen (15) large lots ( over one
(1) acre each ) for the entire twenty (20) acres proposed for
development and have agreed to limit their development to said
fifteen (15) large lots.
6. Intervenors have agreed not to oppose a request by
Plaintiffs for the Fayetteville Planning Commission to approve said
revised plat of The Masters Subdivision, provided the City of
Fayetteville commits that, in accordance with the recommendation of
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city staff, no further development shall be approved within the
water service area of the Country Club Pump Station until
improvements are made which will provide the flows necessary for
such development, existing homes on Country Club Hill and
Fayetteville Country Club. By authorizing the Fayetteville City
Attorney to approve this Order, the City of Fayetteville has so
committed.
IT IS THEREFORE, ORDERED that Plaintiffs' appeal is hereby
dismissed with prejudice.
APPROVED AS TO FORM:
WILLIAM GREENHAW
ATTORNEY FOR PLAINTIFFS
APPROVED AS TO FORM:
JERR iiTSI
FAYE EVILLE CITY ATTORNEY
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DAVID ORNE
ATTORNEY FOR INTERVENORS
ROVED AS TO FORM:
ES MCCORD
TTORNEY FOR INTERVENORS
CIRCUIT JUDGE
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