HomeMy WebLinkAbout155-04 RESOLUTION•
RESOLUTION NO. 155-04
A RESOLUTION TO APPROVE THE PRELIMINARY
PLAT FOR PIPER'S GLEN SUBDIVISION (PPL 04-1148)
APPEALED FROM THE PLANNING COMMISSION IN
RELIANCE UPON THE PROFFERED BILL OF
ASSURANCES BY DAVID AND SHARON WILSON
FILED OCTOBER 4, 2004 IN THE CITY CLERK'S OFFICE
WHEREAS, David and Sharon Wilson as owners/developers of Piper's Glen
Subdivision (PPL 04-1148) have offered and filed a Bill of Assurances for Piper's Glen,
a subdivision of Washington County, which has met the complete approval of the
Barrington Parke POA:
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
approves the Preliminary Plat for Piper's Glen Subdivision appealed from the Planning
Commission in reliance upon the proffered Bill of Assurances by David and Sharon
Wilson filed October 4, 2004 in the City Clerk's Office and attached as Exhibit "A".
PASSED and APPROVED this 5th day of October, 2004.
ATTEST:
By:
SONDRA SMITH, City Clerk
By:
APPROVED:
1 .I
D COODY, Mayor V
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BILL OF ASSURANCES wedh naton County. AR
OCT O Q ZOth
R PIPER'S GLEN, A SUBDIVISION OF Rett staincircuit Clerk
CITY OF FAYETTEVWASHINGTON COUNTY, ARKANSAS File 004-00040918
MAYOR'S OFFICE
KNOW ALL BY THESE PRESENTS, the undersigned, David and Sharon Wilson, are the
owners of a certain tract of land lying and situated in Washington County, Arkansas, more
particularly described as follows:
TRACT A:
Parcel Number. 001-10318-001, Book 1276 page 577
A part of the Frl. SWI/4 of the SW1/4 of Section 6, T -16-N, R -29-W, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point that is North 411.25
feet and N 89°33'48"W, 1943.02 feet from the SE corner of the SWI /4 of said Section 6, and running
thence West 200.00 feet, thence N 00°33130"E, 97.8 feet; thence East 199.00 feet, thence South 97.8
feet to the point of beginning, containing 0.44 acres, more or less.
Also:
A part of the Frl. SW1/4 of the SW1/4 of Section 6, T -16-N, R -29-W, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point that is N 89°33'48"W,
1593.05 feet and North 262.68 feet from the SE corner of the SWI/4 of said Section 6, and running
thence West 350.00 feet; thence North 234.4 feet to a wood rail fence; thence Southeasterly along
said fence the following: S 87°30'E, 57.2 feet; S 79°06E, 54.5 feet; S 67°11E, 96.9 feet; S 46°47'E,
37.7 feet; S 2I °04'E, 23.0 feet; thence leaving said fence and running East 114.3 feet; thence South
136.6 feet to the point of beginning, containing 1 50 acres, more or less.
TRACT B:
Parcel Number: 001-10320-000, Warranty Deed#2001157154
A part of the SWI/4 of the SWI/4 of Section 6, T -16-N, R -29-W, Washington County, Arkansas,
being more particularly described as follows: Beginning at a point on the West line of the SWI/4 of
the SWI/4 of said Section 6 that is N 00°35'15"W, 470.03 feet; N 01°45'19"W, 209.15 feet, and N
88°19'58"E, 11.03 feet from the SW corner of said 40 acre tract; running thence N 00°00'59"W,
177.26 feet along said West line; thence leaving said West line N 88°19158"E, 168.62 feet; and S
09°22'29"E, 178.61 feet; thence leaving said West line S 88°19'58"W, 197.68 feet to the point of
beginning, containing 0.75 acres, more or less.
TRACT C:
Parcel Number. 001-10320-001, Book 1294 at page 673
A part of the Fri. SW1/4 of the SWI/4 of Section 6, T -16-N, R -29-W, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point on the West line of a
25 foot wide access road that is North 732.05 feet and West 2178.81 feet from the SE corner of the
SW 1/4 of said Section 6, and running thence S 07°28'E, 50.43 feet along said West line; thence West
215.64 feet to the West line of said 40 acre tract; thence N 00°13'51"E, 50.0 feet along said West - •
line; thence East 208.9 feet to the point of beginning, containing 0.24 acres, more or Tess.
TRACT D:
Parcel Number: 001-10322-000, Book 1066 at page 888
A part of the Frl. SW1/4 of the SW1/4 of Section 6, T -16-N, R -29-W, Washington County,
Arkansas, being more particularly described as beginning at a point that is North 411.25 feet, and
West 2168.02 feet from the SE corner of the SW 1/4 of Section 6, and running thence West 220.92
feet; thence N 00013'51"E, 256.0 feet; thence East 212 feet to a point on the West right-of-way line
of a 25 foot easement granted by David J. Wilson and Sharon A. Wilson; thence following said
easement, S 07°28'E, 48.93 feet; thence S 00°33'30"W, 207.89 feet to the point of beginning.
TRACT E:
Parcel Number: 001-10323-000, Book 1066 at page 888
A part of the Frl. SW1/4 of the SW1/4 of Section 6, T -16-N, R -29-W, Washington County,
Arkansas, being more particularly described as follows: Beginning at a point that is N 89°33'48"W,
1943.05 feet from the SE comer of the SW1/4 of Section 6, and running thence N 89°33'48"W,
447.51 feet; thence N 00°13'51"E, 393.03 feet; thence East 220.92 feet; thence N 00°33'30"E, 207.89
feet; thence N 07°28'W, 386.48 feet to the centerline of a county road, thence along said centerline
S 61°45'20"E, 30.8 feet; thence S 07°28'E, 370.25 feet; thence S 00°33'30"W, 209.4 feet; thence East
200 feet; thence South 396.44 feet to the point of beginning.
TRACT F:
Parcel Number. 001-10324-000, Book 1066 at page 888
A part of the Frl. SW1/4 of the SW1/4 of Section 6, T -16-N, R -29-W, Washington County,
Arkansas, being more particularly described as beginning at a point that is N 89°33'48"W, 1593.05
feet from the SE comer of the SWI/4 of said Section 6, and running thence N 89°33148"W, 350.00
feet; thence North 260.12 feet; thence East 350.00 feet; thence South 260.12 feet to the point of
beginning.
NOW, THEREFORE, the undersigned owners do hereby enter the following Bill of
Assurances and do hereby declare that the following Bill of Assurances are imposed on all the land
and shall be binding on David and Sharon Wilson and any entity controlled by them.
1. Lot Subdivision. In the proposed subdivision of Piper's Glen, no Lot under two acres
shall be further subdivided or re -platted. Any Lot exceeding two acres may be subdivided or re -
platted into two Lots.
2. Easements No easements will be allowed on the proposed subdivided Lots to
provide access to other adjoining property.
ACKNOWLEDGMENT
STATE OF ARKANSAS
COUNTY OF WASHINGTON
Comes now David and Sharon Wilson, being first duly sworn on oath, and states that he has
signed the foregoing document for the reasons and purposes therein written.
[JILL
David Wilsson
0! j jjainL)
A.
Sharon Wilson
SUBSCRIBED AND SWORN to before me, a Notary Public, this 1.11 day of
OthIbiLL,2004.-;
:
My Commission Expires:
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3. Commercial Enterprises. No part of any proposed Lot shall ever be used or caused
to be used or allowed or authorized for any commercial, manufacturing, mercantile, storing, vending
or other such nonresidential purpose.
4. Land Use. Only single-family residences and associated improvements and structures
shall be constructed on the proposed Lots.
5. Mobile Homes and Temporary Structures. No structure commonly known as a
"mobile home', "house trailer," "manufactured home," or similar structure may be moved onto,
placed or used on any proposed Lot.
6. Minimum Square Feet Area All residences constructed on any proposed Lot in
Piper's Glen Subdivision shall equal or exceed 3,000 square feet.
7. Existing. Commercial Structure. Owners shall remove the commercial enterprise
currently situated on proposed Lot 1 of the subdivision prior to completion of the subdivision.
IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS AND SEALS on
this 1: - day of oc j r , 2004.
3
David Wilson
Sharon Wilson
NAME OF FILE:
CROSS REFERENCE:
Item # Date
Resolution No. 155-04
w/Bill of Assurance
Document
•
1
08/26/04
Letter to Sondra Smith from Brenda Thiel
2
memo to Planning Commission
3
letter to city from Jorgensen & Associates
4
letter to city from Jorgensen & Associates
5
memo to Roy David &
Planning Commission
6
copy of Petition to Stop the Approval of the Piper's Glen
Subdivision
7
memo to Planning Department
8
letter to Jan Gambill
9
letter to Whom It May Concern
10
copy of Resolution 32A-94
11
copy of City Council minutes 3/1/94
12
copy of
Close Up View
13
copy of One Mile View
14
copy of letter from Blake Jorgensen
15
memo to David Wilson
from Blake Jorgensen
16
copy of letter from John Kathol
17
email from Wayne Buescher
18
copy of
Planning
Commission minutes 8/13/04
19
copy of Planning Commission minutes 8/23/04
20
memo to mayor & City Council
21
memo to City Council
22
copy of preliminary plat
23
copy of map
24
copy
of Bill of Assurance
25
memo to Brenda Thiel
• •
August 26, 2004
Sondra Smith
City Clerk
City of Fayetteville
/% 5/4
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FROM THE DESK OF BRENDA THIEL, WARD 1 ALDERMAN
Re: Planning Commission Appeal
Dear Sondra,
This is notice of my appeal of the Planning Commission's approval of the Pipers Glen
Subdivision preliminary plat on August 23, 2004 for the following reasons. Impact to city
residential streets of development projects which are located outside the city limits. Gaston
Drive street extension into this proposed subdivision does not provide a network of connectivity
which the City Council desires. In fact, it does the contrary by providing only one way in and out
of this project.
The Barrington Parke neighborhood is also very concerned about the development possibilities
for the Pipers Glen Subdivision since it is currently outside the city limits. This development
will not be required to follow Fayetteville's building or street standards or parkland and impact
fee requirements.
Sincerely,
Brenda Thiel
172 E. WILLOUGHBYDR ' FAYEIT£VILLE,AR 72701 ' 501-442-3095 E-MAIL: BTHIEL'IPA.NET
MI6 Aid Ve /6/5/eirrn 94*
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FAYETTEVILLE
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of August 23, 2004
113 W. Mountain St.
Fayetteville, AR 72701
Telephone: 501-575-8264
TO: Fayetteville Planning Commission
FROM: Jeremy Pate, Senior Planner
Matt Casey, Staff Engineer
THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator
DATE: August 18, 2004
PPL 04-1148: Preliminary Plat (PIPERS GLEN SUBDIVISION): Submitted by DAVE
JORGENSEN for property located at THE EASTERN BOUNDARY OF THE BARRINGTON
PARKE SUBDIVISION. The property is in the Planning Area and contains approximately
10.49 acres. The request is to approve the preliminary plat for a residential subdivision with 9
single family lots proposed.
Property Owner: DAVID WILSON Planner: JEREMY PATE
Findings:
Property description: The subject property is located east of Barrington Parke Subdivision, south
of Fox Hunter Road The property is in the Planning Area, contiguous to the city limits on the
west. To the east is Fox Hunter Estates S/D, to the north and south are properties residential and
agricultural in nature. To the north of the proposed Lot #9 is a City of Fayetteville Park
(Trammel Park, dedicated as a part of the requirements for Barrington Parke S/D in the mid-
1990s)
Proposal: The 10.49 acres is proposed to be subdivided into nine (9) single family lots, each lot
approximately one acre in size. Lot #9, containing existing development, is proposed to be the
largest lot, containing approximately 2.07 acres. Access to eight (8) lots is proposed from an
existing street stub -out (Caston Drive) constructed with Barrington Parke S/D to the west This
stub -out was a requirement of the developer in order for Barrington Parke S/D to be approved
(see attached). Lot #9 has approximately 27 feet of frontage onto Fox Hunter Road, and the
applicant requests this larger 2 07 -acre lot with existing barn, sheds and pond retain access to
Fox Hunter Road. Lots 8 and 9 currently have access to water and sewer, through prior
arrangements with the City. The developer will be required to extend water to serve Lots 1-7;
septic system approvals have been granted for Lots 1-7 by the Washington County Health Dept.
SURROUNDING LAND USE AND ZONING
Direction
Land Use
Zoning
North
Single family homes, large lots
Planning Area, no zoning
South
Single family home, agricultural
Planning Area, no zoning
East
Fox Hunter Estates S/D .
Planning Area, no zoning)
West
Barrington Parke S/D
RSF-4, Res. Single Family, 4 DU/Acre
K:IReports12004IPC Reports108-23-041PPL 04-1148 (PIPERS GLEN).doc
• •
Right-of-way being dedicated: 50' for the Caston Drive extension onto the subject property,
minimum of 35 feet from centerline along Fox Hunter Road
Street Improvements: 28 -foot wide street with curb, gutter and sidewalks on Caston Drive. The
developer will be extending Caston Drive from where it was stubbed out with Barrington Parke
S/D. Right-of-way was dedicated to the subject property with the Final Plat for Barrington Parke.
Adjacent Master Street Plan Streets: Fox Hunter Road, Collector
Parkland Dedication: N/A, property is outside the city limits
Tree Preservation: N/A, property is outside the city limits
Connectivity: The applicant is proposing to extend Caston Drive, a street that was stubbed out
for future development of the subject property. Lot #9 is proposed to retain the existing private
drive to Fox Hunter Road. Lot #9 currently has only 27.29' of frontage onto Fox Hunter Road,
currently prohibiting the connection of a street in this direction. Staff has not previously
recommended a street connection north to Fox Hunter Road, based on the amount of traffic
generated by (9) single family homes. However, staff is conducting on-going studies to
determine the feasibility of this connection, including site visibility and the use of adjacent
parkland for the purpose of a street connection through. Staff is not recommending connectivity
in other directions, due to the nature of existing development or terrain, particularly to the south.
The applicant has offered to restrict construction traffic to the existing private drive, as opposed
to accessing through Barrington Parke S/D.
Public Comment: Significant public comment has been received regarding the 9 -lot subdivision
proposal. At least (3) letters from concerned citizens have been attached to the staff report. A
petition against the project was also submitted at the Subdivision Committee meeting of August
13. One (1) copy is included in the staff report; 61 signed petitions were received by the Planning
Offices. Most of the comments received to date are from residents of the Barrington Parke
Subdivision, concerned primarily with construction traffic and access through Barrington Park
for the 8 Lots. The property owner to the south has submitted a letter detailing his concerns, listed
as drainage, trash from Barrington Parke residents and potential trash from future Pipers Glen
residents, a request for a fence along the south property line, greater setback and access from his
property to the north. Based on slope determinations provided by the applicant, property to south
exceeds 22% grade in locations, a situation not conducive for a public street.
Background: In 1994, the Preliminary Plat for Barrington Parke S/D was appealed to City
Council, and a resolution approved for the development of this subdivision (see attached),
modifying the Planning Commission's approval. Part of the agreements between the developer
and the City at the time, and stated within the attached resolution, was the additional dedication
of parkland (to the north of the subject property), as well as a dedication of approximately 1,000
ft. of nature trail, then known as Red Wolf Park. The developer was expressly not required to
construct a connection to Fox Hunter Road to the east, and protective covenants established to
protect existing trees along Fox Hunter Road. Additionally, right-of-way was required to be
dedicated at the southeast of the Barrington Parke S/D to allow for future access to the property
of David Wilson, currently under consideration for Pipers' Glen S/D.
K: IReports120041PC Reports108-23-041PPL 04-1148 (PIPERS GLEN).doc
r
Recommendation: Staff recommends approval of PPL 04-1148, with the following
conditions of approval:
Conditions of Approval:
1. Planning Commission determination of a waiver request for the creation of a lot in the
Planning Area without adequate frontage. A lot in the Planning Area requires 75 feet of
frontage. Lot #9 currently has 27.29' offrontage onto Fox Hunter Road. The applicant
requests to retain this access to Lot #9 only, allowing for the continued use of the existing
drive to access the existing structures. Staff is in favor of this request.
2. Planning Commission determination of adequate access and connectivity for the
proposed 9 -lot subdivision. Eight lots are proposed to access from Caston Drive; Lot #9
from the existing private drive to Fox Hunter Road. Staff does not recommend additional
street connections to the south and east due to existing platted Fox Hunter Estates and
steep grades to the south.
3. Caston Drive street improvements shall be constructed a minimum of 28 feet in width
including pavement, curb, gutter, and sidewalks to access the project site.
4. Construction traffic shall be limited to access through the existing private drive. A clear
note to this effect shall be included on the final construction drawings. Additionally,
Caston Drive shall be barricaded to construction traffic until street construction is
complete. REVISED PER PLANNING COMMISSION.
5. Four -foot sidewalks shall be constructed on both sides of Caston Drive, located at the
right-of-way. Sidewalks shall extend the entire length of the street improvements and
connect to existing sidewalks in Barrington Park S/D.
6. The existing private water service line to the existing structure on Lot #8 shall be
abandoned and a new water service connection be provided from the public main
extension along Caston Drive.
Should the applicant wish to continue public sewer service to the existing structure on
Lot #8, the private sanitary service line shall be abandoned and a public main extended to
the proposed property line. Private service lines may not cross private property lines.
Standard Conditions of Approval:
8. 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)
9. 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
K:IReports11004IPC Repons108-13-041PPL 04-1148 (PIPERS GLEN).doc
•
subject to additional review and approval. All improvements shall comply with City's
current requirements.
10. All street names shall be approved by the 911 coordinator.
11. All overhead electric lines 12kv and under shall be relocated underground. All proposed
utilities shall be located underground.
12. Preliminary Plat approval shall be valid for one calendar year.
13. Additional conditions:
a.
b.
c.
PLANNING COMMISSION ACTION: ves Required
JApproved Denied
Date: August 23, 2004
The "CONDITIONS OF APPROVAL", statedin this report, are accepted in total without
exception by the entity requesting approval of this development item.
By
Title
Date
K:IReports120041PC Reports108-23-04IPPL 04-1148 (PIPERS GLENJ.doc
JORGENSEI . ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B.BRACKETT, P.E.
•
July 7, 2004.
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Attn: Planning Dept.
Re: Piper's Glen Subdivision
Attached herewith please find the application and information regarding the approval
request of the above referenced property. Barrington Park Subdivision is located to the
West, Fox Hunter Estates is located to the East and various properties lie to the North and
South (agricultural/residential). The proposed subdivision lies on the outskirts of the City
of Fayetteville limits and we wish to keep it within the Washington County limits.
Access will be from extending Caston Drive to the East (located in Barrington Park
Subdivision) and from Fox Hunter Road to the North.
Water will be connected to an existing 6" line located in Barrington Park Subdivision
Lots 1-7 will have individual subsurface sewage disposal systems. Lots 8 and 9 are
currently serviced by city sewer from a previous agreement.
Please call concerning any questions you may have.
Thank you.
Sincerely;
ake Jorg✓n, E.I.
REC IVED
IJUL 1 2 2004
L
CITY OF FAYETTEVILLE
PLANNING DIVISION
STRUCTURAL DESIGN • LAND DEVELOPMENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING •
•
JORGENSEN & ASSOCIATES
CIVIL ENGINEERS • SURVEYORS
124 WEST SUNBRIDGE, SUITE 5 • FAYETTEVILLE, ARKANSAS 72703 • (479) 442-9127 • FAX (479) 582-4807
DAVID L. JORGENSEN, P.E., P.L.S.
CHRISTOPHER B. BRACKETT, P.E.
August 3, 2004.
City of Fayetteville
113 W. Mountain Street
Fayetteville, AR 72701
Attn: Planning Dept.
Re• Piper's Glen Subdivision
This correspondence is in regards to the "in house" plat review comments (July 28, 2004
Tech. Plat Meeting). The necessary revisions have been made including: displaying the
existing water line and proposed connection, water and sewer connections for lots 8 & 9,
extension of a 4' sidewalk along the entire proposed length of the proposed street,
fulfillment of utility requests, and setback portrayal on the plat.
This correspondence is also meant to request a waiver for the frontage on lot 9. The
existing condition of the land yields only 27.29 feet of frontage as opposed to the 75 feet
as required; yet the land is confined to this boundary due to pre-existing conditions,
where the land to the immediate North and West is a dedicated park to the City of
Fayetteville and the land to the East is owned by a separate entity, Harley Brigham. It
should be noted that only lot 9 will be accessed from this area.
Thank you.
Sincerely;
RECEIVED
AUG 0.4 2004
CITY OF FAYETTEVILLE
PLANNING DIVISION
STRUCTURAL DESIGN • LAND DEVELOI'MENT • WATER SYSTEMS • WASTEWATER SYSTEMS • LAND SURVEYING •
fy
•
Waa&ingtorc Country [la& Meath Centex
3270 Wimberly Drive
Fayetteville, AR 72703
479-521-8181
Memorandum
To: Roy Davis, P.E., Arkansas Department of Health Engineering Division.
Fayetteville Planning Commission
From: Melissa Wonnacott, R.S.
Environmental Health Specialist, Washington County
Re:
The Piper's Glen Subdivision (proposed)
Location:
'Part of the SW 'A SW l/4, of Section 6 Township I6N, Range
29W; Foxhunter Rd Fayetteville
Developer: Dayid Wilson
Designated Rep: Richard Murphree
Date: 06 July 2004
This proposed 7-1ot subdivision is to be serviced by public water. Soil pits were observed
on each lot to determine the suitability of the available soils for the placement of
individual subsurface sewagedisposal systems. I have confirmed the findings of Richard
Murphree, Designated Representative, that all have suitable soils for placement of
standard and/or alternate septic systems.
This -proposed subdivision is hereby approved for development using standard or
alternate sewage disposal systems with the following comments and conditions:
1. This approval is contingent upon approval of the•water lines by the
Division of Engineering -ADH. No development may take place on any lot
until that approval is granted.
2. The appropriate detailed drawings of water lines, plats, and review fees must
be submitted to the Division of Engineering before approval of the
subdivision. These drawings shall include the location and number
designation of the soil pits.
3. Each lot has a septic system designed, but not yet.approved. Any alternating
from said design WILL REQUIRE the individual homeowner to obtain a new
permit for construction. THE HOMES MUST BE LOCATED IN SI -ES
APPROVED. ANY VARIENCE FROM THESE MA
ED
JUL 1 2 2004
CITY OF FAYETTEVILLE
DI AAIAIIkIf n AticVI\I
UNSUITABLE FOR SEPTIC SYSTEM. ANOTHER FORM OF
TREATMENT MAYBE NEEDED.
4. The disposal system for each lot must be located in the area of
observed and approved soil pit. Any relocation of the system
will require further investigation by the Department and a permit may not be
issued.
5. The areas of the proposed primary and secondary disposal fields must
be protected during the construction of all structures and roads and the
placement of service lines so as not to disturb the natural properties of the
soils. All parts of the systems must meet regulations setbacks to home
and/or property lines.
6. This approval is for Lots 1-7. No lot maybe further subdivided without prior
approval from the Department. Any further subdivision will require prior
approval from the Arkansas Department of Health.
7. Lots4 and 6 will require alternate technology for sewage disposal. These
will be a drip irrigation design.
8. Preliminary Permits for construction, for all Lots except Tots 1-7 have
been submitted to the Washington County Health Department Office
and will be approved for construction once approval for the subdivision
as a whole has been granted. Act 402 of 1977, prohibits a property
owner from obtaining approval of an individual septic system permit
before final approval of said subdivision has been granted.
9. These permits will be issued for FOUR BEDROOM HOMES ONLY.
Any deviation from these permits would require the permits to be
revoked and may require alternate technology to allow for such size
home on these small lots. Our office will be under no obligation to issue
a permit that will not meet regulations.
10. Permits, once issued must be transferred to the individual homeowners and
changed in our records to reflect individual homeowner.
11. This approval of this subdivision is based upon information provided by the
Designated Representative, Richard Murphree and the Local County
Environmental Health Specialist, Melissa A. Wonnacott.
If any of that information is found to be inaccurate, the approval may he
revoked.
Sincerely,
` /t 9.:. G . loot � &c b R.s.
Melissa A. Wonnacott, R.S.
CC: Richard Murphree, DR
David Wilson, Owner
File
)0
PETITION TO STOP THE APPROVAL OF THE
PIPERS GLEN SUBDIVISION
TO: The City of Fayetteville, AR RE: Project Name: PPL00-1148
Pipers Glen Subdivision
To Whom It May Concern:
This petition is directed to the City of Fayetteville, Washington Co., Arkansas, Planning Division.
Its goal is to inform the Planning Division that we ask for the rejection of application for the
Project name: PPL -1148, Pipers Glen Subdivision. Please make this petition a permanent
attachment to this project application.
We the undersigned property owners and residents of Barrington Parke Subdivision, Fayetteville,
Arkansas, Washington Co., Arkansas hereby proclaim the following concerns.
We are concerned by the proposition of attaching the proposed Pipers Glen Subdivision to the
streets in Barrington Parke in any way. Barrington Parke Subdivision is an enclosed subdivision
that holds and maintains jointly owned property for the enhancement and enjoyment of the
subdivision. Adding an adjoining subdivision that will require access from our subdivision will
make mainraining and protecting this property a hardship. In addition, owners from the proposed
Pipers Glen Subdivision will have use of and benefit from some of the Barrington Parke
community property yet not hold any responsibility for its upkeep or liability.
We are concerned that any additional traffic on the streets in the Barrington Parke Subdivision
will constitute a safety hazard and could cause unintended reversal of property values.
We are concerned that safety vehicles, city services and other established utilities will be
negatively effected in their response and services to our subdivision.
We are concerned that any additional traffic added to the flow of traffic on the corner of
Barrington Dr. and Fox Hunter Rd as well as the corner of Starr Rd. and Madison Dr. will make
these intersections unsafe. Without the proposed additional traffic, these and other intersections
in the area are already overtaxed by traffic.
We are concerned that any additional building in the area will add additional drainage problems
to an already taxed street drainage problem.
•
We urge the Planning Division to deny the application for this proposed subdivision unless and/
or until all of these concerns are satisfactorily addressed
Respectfully Yours,
The Undersigned
Signature
Printed Name Address
Page 1
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•
Attention: City of Fayetteville Planning Department
Subject Notice of a proposed Subdivision attached to the Barrington Park Subdivision
8/10/04
This seeks further understanding of the plan. Based on where the notice is placed, it
appears that the desire is connect this proposed subdivision with Barrington Park.
I support planning and growth for our community. That is why I write to provide my
initial thoughts regarding what I am interpreting as your intent.
Barrington Park is a well planned subdivision which is complete. The roads are wide and
easy to navigate due to excellent planning. Each home was required to meet
specifications to ensure the subdivision maintained and grew property values, again
excellent planning. In fact, overtime, the homes exceeded the specifications which
greatly improved everyone's investment and our contribution to property taxes.
The thought of adding additional homes which may not exceed our specifications is a
concern. The added traffic was something not in the subdivision's plan or was not
disclosed when we purchased our home.
The traffic concern provides a significant safety risk to our community. We have well
planned wide roads within the subdivision. They provide a country setting and for those
not living there, appears to be a country road. Before they know.it, they are reaching
speeds of 35+ MPH. The city has placed Radar machines to remind people of the speed.
Our neighborhood is,filled with kids. No parent allows their children to play,in the street
and they remind the children to watch out when around the street. However, kids are kids
and in the heat of the moment of playing they may forget and run out into the street.
Adding additional congestion to our neighborhood would notbe in the best interest of
safety and adds liability to the proposal.
I do not write this without experience. This is not to point fingers at anyone but I have
personal experience with St. Joseph's Catholic Church traffic. Saturday evenings and
Sunday Mornings we have tremendous traffic with speeds that easily reach 40 MPH in
less than onecity block. I have personally run to the street to tell drivers to SLOW
DOWN.
I appreciate the opportunity to contact you and would value you looking for other options
to move forward with this proposal. It is about safety, planning and home values which
n 9 carefirIly measured.
n
2057 N. Hartford Dr.
Barrington Park St»d010of.:
479.443.4880
August 9, 2004.
Fayetteville Planning Department
113 Mountain
Fayetteville, AR 72701
Attn: Ms: Jan Gambill
•
Mr. and Mrs. Marshall Moody
3932 E. Chadwick Drive.
Fayetteville, AR 72703
479327.0590
Dear Members of the Fayetteville Planning Commission:
It has been brought to my attention that there is a subdivision planned south of Barrington Paike Subdivision .which
will be accessed via Buckley Street that runs through Ban-ington. We currently live at the comer of Buckley Street and •
•Chadwick at the northeast comer of Barrington.
.1 am not opposed to the subdivision (assuming that it is single -family -residential homes in a similar price range to the
homes in Barrington Parke), but completely disagree with any access through our already established, family and child-
. friendly subdivision. •
My wife, three children (ages '12, 8 and 6), and I just proved to Barrington two months ago from Kantz Lane in
• Fayetteville. The primary reason for moving ,to Barrington was because of the peacefulness and family -friendly
. neighborhood. We wanted our children to be able to walk, skate and ride.their bikes around the neighborhood. Our
family and children do that on a regular basis as do many other families in Barrington. Increased traffic will certainly
increase the chance of an accident and greatly reduce our peace of mind.• •
When we described Barrington to family and friends prior to moving here, the firstthing we told them .was that there
were only two entrances arid exits (the main entrance and the west entrance from Madison Drive to Start Road). Few
people drive through Barrington unless they live here or are visiting. The neighborhood pool is in the middle of the
subdivision and families are asked to walk there to avoid children darting from behind parked cars near the pool. The
sidewalks act excellent, but street crossing and bike riding will become more hazardous with increased traffic. .
One of the strongest selling points of Barrington is the Zack of traffic. It is a KEY factor inresale demand and
increasing property values. More traffic will negatively affect the demand for the homes in this subdivision. Will our
property assessments and the amount of property taxes we pay be reduced because of the negative impact of increased
traffic? ..
All we are asking is for you to please consider another access to this property and let Barrington Parke remain the
. family friendly, low -traffic neighborhood where my neighbors and 1 chose to raise our family. Please do not take the
easier wrong, butFulda different route to the new subdivision. North Fox Hunter Road runs south just to the east of
Barrington Parke. There might also be a way to access it from Starr Road.
Before you makeanydecision, 1 ask each of you to ride through our neighborhood on a nice evening and witness for
yourself the many children and families walking, biking, and playing outside.
Please do what is right and find a different access route instead of negatively affecting the lives of 134 families that
have made Barrington their home.
Thank you for your consideration.
Sincerely,
infr-ougniariar
Marshall Moody
Mayor Dan Coody
City Council Members
Zed Johnson
• 2181 Dowers Lane
Fayetteville, Arkansas 72704
August 11, 2004
City of Fayetteville
Planning Division
Administration Building
Fayetteville, Arkansas 72701
To Whom It May Concem:
. This letter is in reference a proposed subdivision" Piper's Glen Subdivision" being developed by Mr.
David Wilson as submitted by Jorgensen and associates. Basically it is an extension of Barrington
Estates. I was informed that a staff review will be held at 8 300 AM on Friday August 13, 2004.
• Unfortunately I will not be in town to personally voice my concems.
I am the owner of the property directly adjacent to the south of this proposed development My family
has owned this property for 50 years. This south facing slope and creek have been one my favorite
places on the property since 1 first played there as a child. Naturally I am very concerned that its beauty -
not be ruined for any reason! I believe this development will adversely affect this land so I ask that my
concerns be addressed before you approve this project.
My concems include the following:
1. Drainage- This development slopes steeply toward the creek on my property. Currently this is very
clean, pristine creek. I am able to wade and swim in it with my seven year old son as 1 did with my
parents over 40 years ago. Septic fields will be very difficult to contain and the introduction of E coli
and other bacteria is likely to contaminate the creek. In addition runoff from lawn irrigation and
fertilizers to maintain those suburban lawns will harm the natural wooded ecosystem and the creek
ecology. Finally construction runoff can add silt to the creek.
I ask that septic systems not be allowed on the southem lots or if there is no option for public sewer that
a very stringent standard be set, and the design contains all runoff both during construction and for the
fife of the project.
2. Trash- Barrington Estates borders my land to the west of the proposed subdivision.
Unfortunately some of the residents do not respect my property which is undeveloped and throw their
trash over their backyard fences. I have a regular' maintenance headache cleaning up after them.
Some of this trash washes down the creek extending the problem. Along with beer and soft drink cans
left behind by trespassers that think 1 apparently am providing a private park for them I am becoming
increasingly frustrated.
I ask that the southem Tots be required to have a uniform attractive and tall fence erected to discourage
trespassing and trash tossing.
3. Proximity to the western end of the creek- The two Southwestern lots are very close to the creek
These are of the greatest concem for issues of trash and drainage.
1 ask that a significant setback on their southem border be set to reduce this impact.
4. Access- Given the relentless tide of "progress" that this development is a part I do not want my
property cut off from access to the north. Though we have not accessed this land vehicular in the
• Page 2 August 11, 2004
relatively recent years Mr. Wilson has owned his property we have with the previous owner in order to
maintain a jointly used fence and so forth. I will continue to need access. An access easement needs to
be part of the design.
I ask that the city's policy of encouraging connectivity be followed by requiring an access easement
Thank you for considering my concerns in my absence I do plan to attend the planning commission
hearing As a matter of housekeeping please address mail to 2181 Dowers Lane,. Fayetteville 72704..
The certified letter was late coming since it was address to my father's address He passed away in
February and mail to that address is forwarded to me. My home phone is 575-9614 and work phone is
442 -5565. -
Sincerely,
Zed Johnson
Owner -1406 North Starr Road
Copies- Mr. David Wilson.
Jorgensen and Associates