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Home My WebLink About101-05 RESOLUTION• RESOLUTION NO. 101-05 A RESOLUTION APPROVING ADM 05-1514 AMENDING THE MASTER STREET PLAN, REALIGNING THE PROPOSED SAGELY LANE, DESIGNATED A MINOR ARTERIAL, IN THE MANNER APPROVED BY THE PLANNING COMMISSION FOR SLOAN ESTATES PRELIMINARY PLAT (PPL) 04-1338 WHEREAS, the location of the proposed lots on the approved Preliminary Plat 04-1338 requires Sagely Lane to be realigned as depicted and described in Exhibit A and the removal of the restriction from building within a 90' area as described in Exhibit B and C to best facilitate this subdivision. WHEREAS, the realignment of this Minor Arterial Street will adequately facilitate through traffic movement in the area and meets the intent of the Master Street Plan, c 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 herein above mentioned change. Section 2: That the warranty deed on file at Washington County, Arkansas, shall be amended to reflect the modification mentioned herein. PASSED and APPROVED this 17th day of May, 2005. eqY.ITR "1,, *. ••ZY Oc•G.p'% • •; .U• ;FAYETtEVILLE• Vox•••RKA14SP�J?AS ATTEST: �''••; EXHIBIT A ,,AEI NAmrS R[CItlC WIP(RAnW Epp P0 002 8.6 FAK)R1tzc AP 22702 PC NO 001-1538I-001 58777'40T 0[0 L I IM. A Cy.OF J102 R OWw-nw DOI FAAR 72702 PARCEL NO WI_ -15655-000 CRY 0: FART/EMIL 112 ? NANTAw FA12I13-11132 AR ryAl PAMmL *0 WI-IS'Al-ON 499.23' A2 -T31110•, Rt P.d8a, 8711.1 FATITNLC AR 72702 PC NO LO/-ISOM-MI sfe w16nn0N7; ac 9.000. 8753 'L P FAMm 162 IDEIALLE %M RM 66 N N87 °27'5334' IPF 5/8 330.010' emw 11 a nAw CAIEW FA N0 -X PWI 5/8 PF alm 1 0.38E • GRAPHIC SCALE 250 0 125 250 ( IN FEET ) 1 INCH = 250 FEET ..PN 0 f MU CCI ow 324' R RRI(y Ra fARPARCEL NO 001-14582-000 RL$a'I bAm P.0 C. 32 4u[ R PI AWL tI 1I- yy503 255 FCCT ACCESS EASEMENT Nt //R rt' L/ ROC NO. 10.23-00027104 ¶,..,4 L I.-? Pr3$7031107"E —E- — 369.91'" 47273• �ACLFSS CASLIRNT DOC NP 2003-00021104 ?PF JOHN 0 & RICA W�� 32RA FATFINI I LL MIt F 72 703 PARcf xn 001-1150 4-000 N .004 0 A 103111W Ova? 3241 N RAIPY RO PAT)TILL[ AR 722Q3 Pc NO 001-23496-00I L 5/8 Ay PLANNING +t• hl• r APPROVED tOG Mn `/- t.2 /c�/ X329.08. LR•65- -4-3125:22:2Z64' s cP fi H 32— 64 W 1-132? R°1 gJ• • P.O.B. P1 05.•- 58729.35.E 0.65. 2e, 230.09 1108.81'--115 l S8721'14"E 7 x19.430 `JpO NB i. 88. 74''$7!' 72.74''\ 338.90' i R- S. P2 47N� sJ .1'.I� /r rc 2', .. 1 m. A. IPF reid !Y87 °33''2 PF `44111111111///jJJ lll • �`••• S... STATE O� aP',Cr ° ARKANSASNW1/9-NWS/4 33-17-29 28 °: Cern --4, V1 �,� . w = DATE: 3Al(b i SIG a: : • 1 k7ANQtr A , 9gr,E PROPOSED SAGELY LANE RIGHT-OF-WAY DESCRIPTION (BASIS OF BEARINGS IS ARKANSAS STATE PLANE COORDINATES, NORTH ZONE): PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, ALL IN TOWNSHIP 17 NORTH, RANGE 29 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHEAST CORNER OF SAID SECTION 32; THENCE ALONG THE EAST LINE OF SAID SECTION 32 502°29'03'W 411.35 FEET TO A POINT ON THE PROPOSED NORTHERLY RIGHT-OF-WAY UNE OF SAGELY LANE AND THE POINT OF BEGINNING; THENCE ALONG SAID PROPOSED RIGHT-OF-WAY UNE THE FOLLOWING FIVE COURSES: 587°29'35"E 108.81 FEET; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 125.00 FEET, A LONG CHORD THAT BEARS 572°25'24"E, 65.00 FEET, AN ARC DISTANCE OF 65.75 FEET; S57°21'14"E 184.63 FEET; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A LONG CHORD THAT BEARS S72°21'14"E, 12.94 FEET, AN ARC DISTANCE OF 13.09 FEET; S87°21'14"E 72.74 FEET TO THE CENTERLINE OF GULLEY ROAD; THENCE ALONG SAID CENTERLINE S01°25'39"W 90.02 FEET TO THE PROPOSED SOUTHERLY RIGHT-OF-WAY LINE OF SAGELY LANE; THENCE ALONG SAID PROPOSED SOUTHERLY RIGHT-OF-WAY UNE THE FOLLOWING NINE COURSES• N87°21'14"W 74.65 FEET; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 115.00 FEET, A LONG CHORD THAT BEARS N72°21'14"W, 59.53 FEET, AN ARC DISTANCE OF 60.21 FEET; N57°21'14"W 184.63 FEET; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET, A LONG CHORD THAT BEARS N72°25'24"W, 18.20 FEET, AN ARC DISTANCE OF 18.41 FEET; N87°29'35"W 338.90 FEET; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 35.00 FEET, A LONG CHORD THAT BEARS 568°25'10"W, 28.57 FEET, AN ARC DISTANCE OF 29.43 FEET; 544°19'54"W 445.08 FEET; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 145.00 FEET, A LONG CHORD THAT BEARS 570°27'46"W, 127.72 FEET, AN ARC DISTANCE OF 132.26 FEET; N83°24'22"W 322.64 FEET TO A POINT ON THE WEST UNE OF THE PROPOSED SLOAN ESTATES SUBDIVISION; THENCE ALONG SAID WEST UNE NO2°30'12"E 90.23 FEET TO A POINT ON SAID PROPOSED NORTHERLY RIGHT-OF-WAY LINE; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY LINE THE FOLLOWING FIVE COURSES: 583°24'22"E 329.08 FEET; ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 55.00 FEET, A LONG CHORD THAT BEARS N70°27'46"E, 48.45 FEET, AN ARC DISTANCE OF 50.17 FEET; N44°19'54"E 445.08 FEET; ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 125.00 FEET, A LONG CHORD THAT BEARS N68°25'10"E, 102.03 FEET, AN ARC DISTANCE OF 105.10 FEET; 587°29'35"E 230.09 FEET TO THE POINT OF BEGINNING, CONTAINING 3.32 ACRES, MORE OR LESS. • % EXHIBIT B , E, wu.s arc% COOPCIA111C - RP rATTgar TNLE. M 72702 YAAm Na 000-15.141-002 587°2740t �tN LAVA A Carer P DON EAM�L T�gMIC 44 72702 720 Orr Q Mora -ma 11! 1111&N1µ PARCEL NG iniur,41-01 499.23' SD 79 amo 3m., uc rATIE1°LE AP 72)02 Pam Na 001-I$4-401 038"E • GRAPHIC SCALE 250 0 125 250 (IN FEET) 1 INCH = 250 FEET Am 0 & I244lcA Given ]NI N &LEY SQ r AV 71703 PQM .ow 4 A Rat CYA GINGER 3241 M &LEY RO M TTTMzc, AN 72105 25 2[T ACCESS EASEMENT Alia IVr Al 1/4 FARM A0 001-msrm-000 OCC Na 200)-00021701 W jM-Tar i ]F• P;7°3TO7 - — 369.91^ RH NTSNENTS [IC P.050467Nnirtraniuc 'L 2 P. Na s.s-GLV 66 PF 5/e N 3102 N OAIV 4 72703 Ram Na WI--rmEnnsuz -15633.007 FFkk8 • E kSS�IJ W a• ti 330.00' rsi 1 1 5/8 ,Pr cam �ALuas EASEMENT DOC Na 2001-0002N01 PF .VM a f Mg'KA 0020202 .R41 M GLUEY IV MTTfl tij 49 22703 PARCEL N& COI-I'+VA-&V .09 a A RONT:CA N J241 N C1mLEY R0 4-07772190[ AR 72703 PA11Z1 Na Ow--pMM-Wr L 5/8 M1111111111111//pp/ST /Of: STATO%• Cott • ARKANSAS 6. N89°41130"W Saw A 9NIMA S7 'c rAntriest. PAM= NaV 1-1-056144,5—M1 556.57 28 siG OA= 1:1 :y .�� :w� DATE: 334 -t •m s�: to IPI qN D S-; • O N%%%% L L AAO 1411.59' P.O.B. N87 °2955"W 588.80 IPF reed 503 031501V 4 117.15' IPF 5/8 M(gT& INEWSA 11.01 �W1 GOES musr KI'YjnMELA4 702 PAQQ! Na 001-157)4-(01 AREAS BY FORTIES FORTY PARCEL NUMBER 15645-002 15645-003 15778-000 15778-002 NE1/4 - NEI/4 32-17-29 11.8 Ac. 7.9 Ac. LINE TABLE UNE BEARING LENGTH 11 587°09'52"E 66.41 L2 577°26'5TE 17.92 L3 589.4236"E 59.51 14 S87•51/30'E 101.89 15 589°59'01'E 39.32 L6 S76°39'55'E 37.42 L7 559°5939"E 34.49 L8 545°58'55"E 32.16 L9 531°08'45'E 91.26 110 516°05'3TE 46.00 111 503.49'12"E 44.69 NW1/4 - NW1/4 33-17-29 0.6 Ac. 5.2 Ac. 112 SO1°0926W 78.28 GEOMATIC CONSULTANTS INC. 134 N. MAIN STREET CAVE SPRINGS, AR 72718 PHONE: (479) 248-1466 FAX: (479) 248-1462 DESIGNED LOCATION FOR SAGELY LN. WASHINGTON COUNTY AR DRAWN BY: NECKED BY: NKN BDS DWG: 40055EXHIBIT 1.dwg SCALE: I DATE: 1- a 250' 03-03-05 • eqviCAT 9, PAGE 1. STREET RESERVATION DESCRIPTION (AS SHOWN IN WARRANTY DEED 97-73635): PART OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 32 AND PART OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 33, ALL IN TOWNSHIP 17 NORTH, RANGE 29 WEST OF THE FIFTH PRINCIPAL MERIDIAN, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 32, SAID POINT BEING AN EXISTING IRON; THENCE S00°24 49 E ALONG THE EAST UNE OF SAID SECTION 32 520.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE N89°41'30"E 417.74 FEET TO THE CENTER OF GULLEY ROAD; THENCE S00°58 34' E ALONG SAID CENTERLINE 45.00 FEET; THENCE SO1°37'52"E ALONG SAID CENTERLINE 45.01 FEET; THENCE LEAVING SAID CENTERLINE S89°41'30'W 1411.59 FEET; THENCE N00°29'16"W 90.00 FEET; THENCE N89°41'30"E 992.57 FEET TO THE POINT OF BEGINNING, CONTAINING 2.915 ACRES, MORE OR LESS, WASHINGTON COUNTY, ARKANSAS. JAN -08-1998 10:12 (Ta Fin 1 BANKER FROCETTE "97 OCT 24 PI^ 3 .S. • WARRANTY DEED W ntarktive 'Ah'llnCinil1.. a iil,iG;LiS 1 501 444 '/54b Y.OJ KNOW ALL MEAN BY THESE PRESENTS: That Henry Lafayette (Bookie) Turk. BL lrestce of the Tuck Pmrily Taut, under tent dated October S, 1995, for and Is consideration of the sum of One Dollar ($L00) w it in hand paid by Harty Lafayette (Bootie) Meek, 111, Tnntee of the Tuck Family Trust, under mar decd October 5. 1995. does huchy scant, bargain and wall unto the said Tuck Family Trust, under trust dated October 5, 1995, the following desaihed land, situate in Washington Carroty. State of Aaannas. to -wk Part of the East Half (EI/2) of rine Northeast Quarter (NE1/4) of Section Thiny-two (32.) and a pan of the West Half (W1/2) of rhe Northwest Quarter (4W1/4) of Sea1an Thirty-three (33), all in Township Seventeen (17) North. Range Twenty-nine os) Wert of the Fifth (Sit) Principal Meridian, being more particularly described as follows: Beginning a the Northeast coma of said Section Thinytwo (32). said point being an Suitt iron; Thence S 89°29'12" W along tic North Bac of said Scaion TL"htytwo (32) 570.00 Feet wan existing Urn: Thane S 63'06'12' W 472.55 Feet t0 at existing iron: Thence S 00°29'12" E 1258.50 Fat to a set am; Thrace S 89°1892" W 330.01 Pan to a point on the Wast lint of the Bast half (E112) of the Northeast Questa (NHII4) of said Seed= Thhty-Two (32) from Which a reference hon Bean N 89°18'32• E. 18.28 Peek Thence S 00'29'16" E along said West line 78157 Fra to the center of Yemen Branch; Thence with the anter of Vernon Branch the following hearings and distance= N 73°24'47" E 8&63 Feet N 76°46'34" E 41.07 Feet N 32905'51' E 106.41 Fut N 381321'09" E 91.15 Feet: N 58°35'41" £ 16835 Feet: N 78'2691' E 86.00 Fete N 28°4612" E 6051 Fete S 62°41'42' E 61.63 Feet N 79°10'41' B 5222 Feet N 55°33'41" B 14424 Feet: N 85'06'24" E 62.93 Feet N 72°02'19" E 88.00 Fat to a paint which a reference iron N 00°3017" E 5080 Fut Thence leaving the center of Vernon Brandt N 00°30'57 E 920.63 Feet to a ser iron; Thenen N 41'10'20" E 39930 Feet to a set "tion: thence N 89'29.12• B 58820 Feet to a set cotton spindle in the centum of Gulley Root Thence along the citta of said road, the following bearings and distances: N 01°37'52' W 60.00 Fat N 0I°49'24' W 73.28 Feet N I9'04'27" W 46.00 Feet N 48°57'45' W 3216 Feet N 79°38'45" W 27.42 Fat N 89°10'40a W 101.84 Feet N 80°25'43" W 17.42 Fat N 00°58'34" W 314.30 Fast N 06°48'02' W 44.69 Fat N 34°07'35' W 41.26 Feet N 62°5819" W 34.49 Fat N 87°57'51" W 39.32 Fut: N 87'41'26' W 5451 Pat N 89°49'07' W 6638 Free m the point of begin .sg, combing 41.64 aorta. tear at less, Washington County. The above deserted 41.64 acre traa being subject to the right -of -wry of Altus IAive along the west bcaadary and Gulley Reed along the East and Neth boundaries, and any other easements andlm rights-of-way of record. RESTRICTIVE COVENANT That Henry Lafayette (Bookie) Tuck, Taster, of the Tack Family Trust. under runt dated October 5, 1995 as events of the land described above hereby entre the following rest ittive covenant with respect to such: No improvements of any kind including tett not limited to houses, dwellings, boildnngs.snmxaes, gauges, outbuildings, pord'cs, breezeway's, parking las, trailers, mobile homes, meal buildings, Blacks. or tut-hulldings, permanent aoempo - y shall be bull, constructed and/or used on an approximately 90' sup across the land . described shave and more paniailarly descnLed as follows: RETURN TO HERITAGE TITLE & CLOSING 3595 N. COLLEGE FAYETTEVILLE, AR 72703 JAN -08-1998 10:01 97073635 1 501 444 7546 P.03 JAN -08-1990 10:11 t-141Ga G 1 PME. 2 Street Reserve. Call rtn I BANKER FAUCETTE 1 501 444 7546 P 02 • Part of the Northeast Quarter (t4E%) of the Northeast Quarter (NEY.) of Section Thirty-two (32) and a pan of the Northwest Quarter (NWY.) of the Northwest Quarter (NWA) of -Section Thirty-three (33). all in Township Seventeen (17) North, Range Twenty-nine (29) West of the FiOh (Si) Principal Maidiaa, being more particularly described as follow= Commencing at the Northeast comer of said Section thirty-two (32), said point being an existing iron; Thence S01P26147E along the East line of said Section Thirty-two (32) 520.09 Feet to the true point of beginning: Thence Na9.4130.6 41734 Feet'to the co to of Onllinf Road, Thence.. SW 58'34•fi along said centerline 45.00 feet; Theme Sui*52•E along said oaiitealine 45.01 Feet; Thence leaving said centeitine S119441'30' W 1411.59 Feet; Thence N00.29116• W 90.00 Feel: Thence a9•4170•E 992.57 Fcct to the point of beginning. containing 1915 acro, more or Icss, Washington County, Arkansas. This covenant is permanent and shall run with the land. The owner recognizes that this restrictive covenant reflects the City of Fayetteville's location of a possible future street contained in thc City's Master Street plan and the owner makes this covenant for tic benefit of the City of Fayetteville and the provisions hereof may be enforced by the City or other beneficiaries. Any amendment to the restrictive covenant requires the express written petmiaian of thc City of Fayetteville. Arkansas TO HAVE AND TO HOLD said land to said Tads Family Trust, under trust dated October 5, (995, forever, and, and luck Family Tani does hereby covenant That It it lawfully salted of said land and promises, the same is unencumbered, and it will forever warrant and defend the tido to the said lands against all legal claims whatever. WITNESS its hand and seal on this _Lt.: day of..9G'1997. TUCK FAMILY TRUST, under trust dated October 5, 1995. as WITNESS:Br ` MA,. rA Henry • yette laic) Tock, 111 Trustee. ACKNOWLEDGEMENT STATE OF AS COUNTY OF r BE IT REMEMBERED, that an this day came before the undersigrcd, a notary public within and kr the County aforesaid, duly commissioned and acting, the Tuck Ily 'rust, ander trust dated October 5. 1995, by Henry Lafayette (Bookie) Tuck. 111, and to me well known w be the Grantor in the foregoing Decd, and stated that they caw -Med rho same for the consideration and purpose: therein mentioned and set forth. WITNESS ray hand and seal as such notary public this .f y of SIDt 1Ph 1997. My Commission Expirts: 'MCA t. f t5 x CCao • JAN -08-199B 10:20 • • `'re4S2a N . • Notary, Public inaubb 9'70'7;6P6 FFICIAL S L %COEUE L MUM MUM Ma • NM= tULAS1U COUNTY qn..r,., s•u„ r n. m 1 501 444 7546 P 02 S.4Q1t' GIVMa 1%W DARRa c.6.. V1 OF 1 OP 1, ALL 1 FST P011a 101 STEM [116 1111 [MCI IdG INCE Cr TO poorr ICT TO AND WITS KIw 3 \ tw EXISTING to. DRIVE 9]-056541 24.60 ACRES P1. E1712. NE1•6 32-17-29 COURSE BEARING ORTPNC£ NTSN'IrE 6663' X28.16'12 -E 60.51' 1116146'34•E 4ILr $6241'12-E 63.63' N32Y4'511. 106.41' 51.42' •i87R8RIt STE/lWN- 6. 44. SAS RON .13.344\t. EpNOs d • N36Y1'00'E Y65y'11-E /156430441-E Nmb8'21'E S}BY6'31'E NRV2' WE 563.3yM•w S34410646-111 S15%6'.62 5%•31'51'W %Ib'23•W 375•045544 7 11 W SOI S01•3T52•E MI.3T34•w 1 Mel • • 4I9W3rw 46.00' 436.0735.• 1126' N4411^37'45'149 N62•5•'P•w 115.3•'19-W 11 •W 54041040'• XeN81441'26'411'2C%'w 14424' 166.35' 661112 21236' 16320' 13.10? lona? 61137' 41.01 159.61' 120.60' 3144 1.63' 30' ,ezr- $6SY9trw 1 34.49' 101.84' 5421' 17.42' • 17.04 ACRES .4 141069' PT W1.72.NWV6 17-29 • 8 [0•111 13111• • 1.133 PI WI.2.NW VO 33-17-29 PI. E1•2. NE Va 32-17-29 20.43 ACRES 5101 FREAK 'MISE 11.004 NUL CLAMP ws IAM.00D GL VERNON BRANCH pawner TER b5 .04556541 P of INE Lan (t11 O RS NDITRAST MARTIN 0400 Or SPRION TNI TY 1140 1121 MW I SH8 HEST HAM IWA1 OF a NORTHWEST QUARTER 1NIVI ROP SRT1ox Tx1PR.711E e01111e. BBTMN. el SE PARTINWLT BOUNDED AND DESCRIE® A5 FOLLOWS. avow/inn A T COxMP DI BCTION TNIER.To (121 AND STI OTT. 15701 E FE -IUGR 1 LINE RUNNING SOMMtSTERLY A1nWINT MICR IS TEN 12101 FEET SOLON J.2413 INA OM1R®N NETT 19901 WEST or 7Rt 'SLIMING POINT; 7NDCS SCMIAM M}OE® PIETY-AICIR ADO ONE 10LP 11350'51RET; THENCE WE57 20 RCOS: TRANCE SWAIN CHtR-LINE 1141 MON BRANCOMTY e' 0 111 RC3 I RTh 1OO11 OP CTI NBANCHLINE TO THE THENCE CWll'T numa TO 1116 1 ACRES L 4µL IN 7't TRIO .TOW OI MIGINNTEsaa et C 7 W' FV 11110/1"0/111111 lnijnM 1591 WM65. KE RM S5. PRINCIPAL PB 11710. PHCR N 10 x a 116-111 151111 KIPAB146410001.1 9 3. 01 L65 Alo HEMET A P 1163111 TR1 9}IMEST ODNm 16363] or SECT10- lWMTT- TMUTI331M!OWE8n SrvnUSd•W011. UT -17-111. RANGE WEHR-1114S WEST 1R -27 -WI. BRING Car cHIARLT OMC TBW STMTIW Ar � WEOMEsr CORNEA OP SAID MCTI 711 I5 - 1351: alto p•9 ST AViG sKTTON Anis 70 N CUITU-LIAR or TW Cown-r mrn ow memo. hn` *NAM ROM MANG THE CWWRR-un OP THE tomno rin P 211-0}9 010 96-047637 3 N NlT[rEu ltWlw a ADJUSTED TRACT OP 71 y7' ION OF 111NONTIBASY IMAM" IXNI OP 547'10.1 nun- TWO 11 0 TWO 1121 AND A PAF S NEST 11AL/ NI x1 OE E wPMESTM NORTH. UNO sycnos i91 HEST III TMA YIIFnN (50411 PR tNCIVAL MIERIDIAN, BEIM ' MO[ 1053@IOPv S FOLLOWS: 111141011.14G AT TNP WO TxeAST MR or SAI PARTICULARLY HIRTY-TIO 1 .5 SAW glxr 5 AN ESISTIWG • T OIC1 565197'°°°°°9 2l'0 Mac THENe OP SAID SECTION 1MI[R-111D0 MO 570.00 1110 TO AN MISTING RON:: TH S63.06'12•"R 2.55 reit m MISTING IR0x; /REHM S00•29'12[ 1251pC050 PUT TO A SETT IRON: TNLNC6 S•9.003.294 130.01 FEST TO A POINT ON TM WEST LINN OF 1118 [AST MLP IMI OP 1115 IORTN1 QUARTER 01E10 o D SECTION THIRTY-TWO 1121 MOI • EROXE IRON 98' BEARS 11891195WHICH • RSF •.2• FEST; TNENR S 0.29'16-5OR' ASAID 10.97 L 792.5 FEET 70 7'1 IXI'p OF V61/11301PAN SCN; THE/1C1631111 TS[ cons. Of 6-[1911 ORATE Me FOwwfW MAR OILS MO ts SrAnc; 0..15161.8 .6> PERT; 8 6 2 0.5 PRT. X1646']9'5 1• .01 MST; 6U••1.62.8 63.63 N]]405.519 W7911W79W79110'41011 PEET: N•101S1. l FEET; xlP'l l'o9•c 91.15 MET X55.11'1]•] 4.24 R 1.15'•1'6 P95T: 015•06040 1.95 FEET: •]6'11'6 ▪ 0 MST; 49.02'19.5 l UA0 RR POINT M 6311101 A R8m61103 101/4 BEARS x00•]0.57.9 50.00 R MCI TO N CENTEROFVERNON SPARED H 0.30'SI-S 910.63 FEST TDA T1 TE*ICS V 141•10'2091 4 • 409E 399.50 FEET TO A IRI; 'MERLE 019•391120 500 80NRR TO A COMM SPINDLE IN THCOTTER F GULLS.' ROAD: T UIC1 MGC TRICHIA OF SAI ROAD. THt FOLLOWING SEARINGS AND DISTANCES: .30 P6T; Y01'69'l6'X 78.28 11440; 110641.01.11 44.69 .00 f401' IS 11 .16 PS 11625949'14 R 21 19.12 FIAT: 34.49 R••501 ]l.•2 RLT, 7.57'51.63 S39•I0Y0•44 101.14 FUT. ']4063 94.51 RET; 11$01.19.0311417.41x 6419.49101-14 A MITT r Or BEGINNING. CTwMIXIW • VERT: ACRES. FORE Ce MSS. WARRINGTON coMPT 11e ABOVE DITSCRIBED 41.6 ACRE TRACT .RIK SUBJECT TO TME RIOWT.OF.MT OF ALM DRIVE &UNG TM WEST BO➢. RT AIR GULLEY ROAD ALONG TO OAST 410 CRT BOPT.9R1[5. AND AC DEM 8ASU104TS AW/OR [Ions -OP -MT Or RSCORD. ADTa}mCI' PART or MIS 1E IMO 10 SE O[ NORTHEAST QUARTER 000 OF CTIO• TR TWO 2321 AND A P144ART OF SST KALI (WW1 OP WT RN!Sr QUART= Rn WJ 0 SECTION T 1RTY-1115101115111185 1]]1. ALL DI1011151111S'R 1P SEPR.. 1171 eanrir • City Council Me . ig of May 17, 2005 5//7 / 05 Agenda Item Number /0/ /--dm 45-J511 To: Mayor and City Council ate/v /an et Thru: Gary Dumas, Director of Operations�`QD 4'YISter 26. From: Jeremy C. Pate, Director of Current Planningd Date: May 11, 2005 Subject: Sloan Estates Master Street Plan Amendment for Sagely Lane (ADM 05-1514) CITY COUNCIL AGENDA MEMO RECOMMENDATION Planning Staff recommends approval of an amendment to a previously approved deed restricted area filed in 1999 for the proposed realignment of Sagely Lane to best facilitate the construction of Sloan Estates Subdivision, while maintaining the integrity and purpose of the Master Street Plan. BACKGROUND The subject property contains 32.14 acres located west of Gully Road. A preliminary plat has been approved to create a 62 -lot subdivision with 57 single family lots and a 4.2 acre park, which is also the location of a septic system drip field for a community sewage system. The property is located in the Planning Area, east of the City limits. Connectivity is proposed to the north, south and west from the extension of Sagely Lane, a Minor Arterial street on the Master Street Plan. In 1997, the owner of the property requested approval of a lot split in this location with a waiver for right-of-way dedication of Sagely Lane across the subject property. The Planning Commission approved the lot split with the condition that 90' right-of-way be dedicated. Subsequently, the owner appealed to the City Council the condition to dedicate right-of-way. The City Council passed a resolution to modify the conditions of the approved lot split and in lieu of dedication of 90' right-of-way, file a warranty deed to restrict development on the 90' strip across the land as depicted on the Master Street Plan (see attached materials). The area identified for Sagely Lane on the Master Street Plan and in the warranty deed is shown in a different configuration to the proposed right-of-way for Sloan Estates Preliminary Plat. DISCUSSION On December 8, 2004, the Planning Commission voted 7-1-0 to approve Sloan Estates Preliminary Plat, with Commissioner Myres voting no. The subdivision was approved with the following condition: Condition of Approval (#4): City Council shall approve an amendment to a previously approved deed restricted area filed in 1999 at the County with an associated lot split that • City Council piing of May 17, 2005 Agenda Item Number restricts development within a 90' wide area for the Master Street Plan (Sagely Lane). The applicant is indicating a revised location and lots are proposed within the deed - restricted area. Therefore, City Council approval shall be obtained prior to construction plan approval. BUDGET IMPACT None. • nvile RKANSAS THE CITY OF FAYETTEVILLE. ARKANSAS • PPL 04-1338 Page ! PC Meeting of December 13, 2004 PLANNING DIVISION CORRESPONDENCE TO: Fayetteville Planning Commission FROM: Suzanne Morgan, Associate Planner Brent O'Neal, Staff Engineer THRU: Dawn Warrick, A.I.C.P., Zoning & Development Administrator DATE: December 8, 2004 125 W. Mountain St. Fayetteville, AR 72701 Tclephone: (479) 575-8267 PPL 04-1338: Preliminary Plat (SLOAN ESTATES, 258): Submitted by PROJECT DESIGN CONSULTANTS, INC for property located at THE INTERSECTION OF SAGELY LANE AND GULLEY ROAD The property is in the Planning Area and contains approximately 32.14 acres. The request is to approve a residential subdivision with 57 single family lots proposed. Property Owner: CARYN & STEVE FINNEY Planner: SUZANNE MORGAN Findings: Property.: The subject property contains 32.14 acres located west of Gully Road The proposal is to create a 62 lot subdivision with 57 single family lots and a 4.2 acre park, which is also the location of a septic system drip field for a community sewage system. The property is located in the Planning Area and currently developed for several single family dwellings. Much of the internal area of the subdivision is wooded and several overhead electric lines and easements cross the property and through the proposed lots. Previous actions on this property include PLA 98-01.00, PLA 97-97-9.00 and LSP 97-17.00. Background: This item was heard at the following meetings: • June 29, 2004 — Technical Plat — Original proposal reviewed. • July 27, 2004 — Technical Plat — Added lease area to the northwest of site for location of community septic system. • August 13, 2004 — Subdivision Committee — Project was tabled. Public comment was taken at this meeting. Discussion included the proposed density, street alignment and conformance with the Master Street Plan, and the community septic system. The Subdivision Committee tabled this item until its next meeting pending resolution of the above items. • September 03, 2004 — Subdivision Committee — Item was tabled at the request of the applicant. • November 04, 2004 — Technical Plat — Reviewed a revised plat. Revisions were submitted for Subdivision Committee review. Modifications to the previous plat include: • Slight increase in number of residential lots • Relocation of proposed community drip field from the northwest. • 90' right-of-way for Sagely Lane to meet MSP requirements. • Street connection to the north. K:I Reports12004IPC Repons112-13-041PPL 04-1338 (Sloan £states).doc • • PPL 04-1338 Page 2 • December 03, 2004 — Subdivision Committee — Item was forwarded to the Planning Commission. Thirteen citizens addressed the Subdivision Committee and submitted letters stating concerns regarding density, lot size, traffic impact, drainage and connectivity. The revised plat submitted for Planning Commission consideration includes a street connection to the north and south. The number of single family lots decreased by two lots as a result of the modification. Related Issues: Property that is developed and/or subdivided in the Planning Area of the City of Fayetteville, outside of the city limits, does not allow for the enforcement of many regulations required within the City. When property within the Planning Area and not adjacent to the City limits develops, the City can review the proposal to insure compliance with the following: • Appropriate division of land • Lot area—minimum 10,000 square feet • Lot width — minimum 75 feet • Right-of-way dedication in conformance with the Master Street Plan. • Septic System approval from the Arkansas Health Department for Tots less than 1.5 acres. • Connectivity • Impact of traffic — On- and off-site improvements to reduce a dangerous traffic condition SURROUNDING LAND USE AND ZONING: Direction Land Use Zoning North Single family homes, large lots In county, no zoning. South Single family homes; large lots In county, no zoning. East Single family homes, large lots In county, no zoning. West Single family homes; large lots In county, no zoning. Water and Septic System: Water shall be extended to serve the proposed development. The applicant proposes lots approximately 0.3 acres in size with each to utilize a community septic system with a drip field located on 4.2 acres. A letter has been submitted from the Arkansas State Health Department stating that the proposed subdivision will require a minimum 4.11 acres for the drip dispersal system and additional area for the treatment plant and setbacks. Prior to the submittal of construction plans, a permit from the Arkansas Health Department shall be submitted to the City for the proposed community septic system. Adjacent Master Street Plan Streets: Gulley Rd, a collector, is located to the east of the property. Sagely Lane, a minor arterial is designated to bisect this property Right-of-way to be dedicated: The applicant proposes dedication of right-of-way for a total of 35' from centerline of Gulley Rd., 90' right-of-way for Sagely Lane, and 50' right-of-way for interior streets. Connectivity: Connectivity is proposed to the north, south and west from the extension of Sagely Lane. In 1997, the owner of the property requested approval of a lot split in this location with a waiver for right-of-way dedication of Sagely Lane across the subject property. The Planning K:tReports120041PC Reports112-13-041PPL 04-1338 (Sloan Estates).doc • PPL 04-1338 Commission approved the lot split with the condition that 90' right-of-way be dedicated. Subsequently, the owner appealed the condition to dedicated right-of-way to the City Council. The City Council passed a resolution to modify the conditions of the approved lot split and in lieu of dedication of 90' right-of-way, file a warranty deed to restrict development on the 90' strip across the land as depicted on the Master Street Plan (see attached materials). The area identified fcr Sagely Lane in this document is located in a different configuration to the proposed right-of-way. Recommendation: Staff recommends approval of PPL 04-1338 subject to the following conditions: Conditions of Approval: 1. Planning Commission determination of appropriate street connectivity. Stafffinds that the proposed connections to the north, west, and south are will provide adequate connectivity to future development. 2. Planning Commission determination of appropriate alignment of the proposed extension of Sagely Lane as identified on the Master Street Plan. Stafffinds that the proposed location of the street will allow for appropriate and logical extension to the west. Subdivision Committee voted in favor of Staffs recommendation. 3. The applicant shall verify ownership of all properties within the proposed subdivision prior to submittal of construction plans. 4. City Council shall approve an amendment to a previously approved deed restricted area filed in 1999 at the County with an associated lot split that restricts development within a 90' wide area for the Master Street Plan (Sagely Lane). The applicant is indicating a revised location and lots are proposed within the deed -restricted area Therefore, City Council approval shall be obtained prior to construction plan approval. 5. Prior to the submittal of construction plans, a permit issued by the Arkansas Health Department shall be obtained and submitted to the City for approving the proposed community septic system. 6. Any developable lot within the subdivision shall be reasonably created such that a residential structure can be built on said lot without encroachment of any utility easement. Lots designated for use other than residential use shall be noted on the final plat as unbuildable. 8. All lots shall access interior streets with access restricted from Gulley Rd. 9. A note shall be added on the final plat stating that those lots designated for detention, pump stations, and drip field (lots 1-4, 15, 45, ata164) shall classified as unbuildable on the final plat. v3,14,31,443? b2- K:IReports120041PC Reports112-13-041PPL 04-1338 (Sloan Estates).doc Page 3 • M PPL 04-1338 Page 4 10. Approval from Washington County Planning shall be obtained for this preliminary plat. Standard Conditions of Approval: 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 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. All street names shall be approved by the 911 coordinator. 14. Preliminary Plat approval shall be valid for one calendar year. 15. Additional Al lconditions: / VAttale 7 AL �..Ne wJY Lr ax/ /J4 :1 a. c. PLANNING COMMISSION ACTION: ves Required 1C Approved Denied Date: December 13, 2004 a te-SCr,(z 7-0_( ,iio The "CONDITIONS OF APPROVAL", stated in this report,, are accepted in total without exception by the entity requesting approval of this development item. By Title Date K:1Repons110041PC Reports\11-13-041PPL 04-1338 (Sloan EstatesJ.doc • • RESOLUTION NO. A RESOLUTION APPROVING ADM 05-1514 AMENDING THE MASTER STREET PLAN, REALIGNING THE PROPOSED SAGELY LANE, DESIGNATED A MINOR ARTERIAL, IN THE MANNER APPROVED BY THE PLANNING COMMISSION FOR SLOAN ESTATES PRELIMINARY PLAT (PPL) 04-1338. WHEREAS, the location of the proposed lots on the approved Preliminary Plat 04-1338 requires Sagely Lane to be realigned as depicted and described in Exhibit A and the removal of the restriction from building within a 90' area as described in Exhibit B and C to best facilitate this subdivision. WHEREAS, the realignment of this Minor Arterial Street will adequately facilitate through traffic movement in the area and meets the intent of the Master Street Plan, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the Cityof` Fayetteville, Arkansas, hereby approves the herein above mentioned change. Section 2. That the warranty deed `onfile at Washington County, Arkansas, shall be amended to reflect the modification mentioned herein. PASSED and APPROVED this day of May, 2005. ATTEST: By: APPROVED: DAN COODY, MAYOR SONDRA SMITH, CITY CLERK • PROJECT DESIGN CONSULTANTS, INC. April 25, 2005 City of Fayetteville Planning Department 125 West Mountain Fayetteville, AR 72701 Attn: Ms. Suzanne Morgan, Planner RE: Sloan Estates Subdivision, Washington Co., AR Master Street Plan R/W Alignment Changes Requesting to be on May 3n° City Council Agenda Dear Ms. Morgan: This letter is to address the changing of the Right -of -Way for the Master Street Plan as required by the Fayetteville Planning Commission in that bodies approval of this Preliminary Plat The existing Right -of -Way was dedicated as part of a previous lot split and contains language that prevents construction of buildings in that Right -of -Way. The developers are proceeding with the project and wish to request that they be allowed to move the proposed Sagely Lane to an alignment that facilitates the development of their property. This alignment still meets up with Sagely Lane on the east side of the property but moves the street slightly north then south to allow the use of the site as proposed and approved at Fayetteville Planning Commission. It is substantially meeting the intent of the Master Street Plan by allowing an east -west extension of Sagely Lane; the developers are constructing this street as part of their subdivision. The attached exhibits show the existing and proposed alignments along with the appropriate legal descriptions. The developer is SCB Investments, L L C. of Fayetteville. Sincerely, N. Arthur Scott, PE President 7 130 N. Mtn • raw'. 5privs. AR 72219 ncAG 479 24&1161 • Fax: 4/9 )48-1462 • • PROJECT DESIGN CONSULTA,N:TS, INC. November 23, 2004 City of Fayetteville Planning• Department 125 West Mountain Fayetteville, AR 72701 Attn: Mr Suzanne Morgan, Development Coordinator Wastewater Disposal;, Sloan Estates Subdivision Washington Co., Alt Dear Ms. Morgan:. is ; The subdivision contains 61 single family residential lots. Wastewater flows for the subdivision were based on 260 gallons per day per residential lot, for an average flow;of 15,340 "gallons per day.(11 gpm). Wastewater treatment and disposal is proposed to consist of individual septic:- tanks eptic •tanks with effluent pumps at each lot Effluent from each :lot will be pumped • • through a3 inch force'n1ain-to a -pump station and wastewater'treatment facility'.` located'on lot 64 The treatment system will consist of'aset' of Biodere units.as.. manufactured by AquaPoint ofapproved equal.;. Once treated,_the wastewater MI be pumped as drip irrigation tolot :15. Preliminary investigation of: the drip fieldwas performed by Herron Soil • Interpretations. r -Results indicate suitability for disposal Of pretreated "wastewater effluent ata rate of 0.15••gaIloris per square foot per day (see the 'attached, memo from Herron Soil Interpretabons). The resulting required drip field size is 2.35 acres. An additional, 75% (1.85 acres) was added to provide an alternate area as required by the Arkansas Department of Health for a total of 4.20. acres as shown on the preliminary, plat:. Sincerely, /3 Trevor L. Bowman, PE Project Manager CL's Attachment CCP1 RECEIVED NOV 2 4 2004 CITY OF FAYE1TEVILLE PLANNING DIVISION 130 N. Main • Cave Springs, AR 72718 Phone: 479-248-1161 • Fax: 479-248-1462 • Herron Soil Interpretations Pmt Office Box 1086 Phone 479.267.3991 Farmington, Arkansas 72730 Fax 479.267.5683 REPORT FOR DECENTRALIZED SEPTIC SYSTEM DRIP IRRIGATION — SOIL SUITABIUTY DATE: REQUESTED BY: LOCATION: INVESTIGATOR: November 23, 2004 PDC Sloan Estates Gully Road, Fayetteville Sheri Herron Arkansas Dept. of Health Designated Representative #1417526 Arkansas Registered Professional Soil Classifier #53 Per your request, the following information was gathered during the investigation on the referenced site in Washington County: Septic System: This site was evaluated for suitability for disposal of pretreated sewage effluent via drip irrigation. This preliminary investigation of the soils on the site indicate a loading rate of 0.15 gallons/sq ft According to this rate, the system will require approximately four acres for effluent pretreatment and drip irrigation disposal. The soils will be evaluated on a 100 -foot grid prior to final layout and design of the system. The Arkansas Department of Health must review the soils and the system design for adequacy pertaining to State regulations. 1111 _KOf ` 1 * • k Registered 1 Professional % • Soil Cbssifier li• ; • • w • No. SS y� 11 L"x 4' Arkansas Registered Soil Classifiers * ARCPACS Certified Soil Scientists 12-07-'04 10:02 FROM-reomatalConsultants 4792481462 • T-831 P01/02 U-558 PROJECT DESIGN CONSULTANTS, INC. TRANSMITTAL SHEET TO: FROM: Suzanne Morgan Art Stott COMPANY: DATE: City of Fayetteville 12/7/04 ADDRESS: Planning Division 125 W. Mountain Fayetteville, AR 72701 TOTAL NO, OF PAGES INCLUDING COVER: 2 1— Transmittal Sheet 1— Letter from Roy Davis FAX NUMBER: (479) 575-8202 PDC' JOB NUMBER: 2004015 cc Sloan Estates Health Dept. Approval for Sewage Disposal 0 URGENT X FOR REVIEW 0 PLEASE COMMENT 0 PLEASE REPLY 0 PLEASE RECYCLE NOTES/COMMENTS: Suzanne, Attached you will find a copy of the letter from Roy Davis at the Arkansas Health Department regarding the loading rates and areas for Sloan Estates. He agrees with the areas and sizing for the sewage disposal. He calculates a 4.11 acre drip field and we are providing a 4.2 acre field. Ours does not include the right of ways. We will turn in a design after the approval from the planning commission and need that approved before we can start construction. If you have any questions, please call me at 366-0136. Thanks, Art Scott, P.E. , Pies. Project Design Consultants, Inc. 130 N. Hain Street Cave Springs, AR 72718 Phone: 479-248-1161 Fax: 479-248-1462 Can Phone: 479-366-0136 Email: nascpdd-nwacom The Information contained in this communication is confidential. This communication is intended only for the use of the individual or entity named as recipient. If the reader of this communication is not the intended recipient, you are hereby notified that any use, dssernhHhon, distribution or Copying of this communication is strictly prohibited. 130 N. MAIN STREET • CAVE SPRINGS, AR 72718 PHONE: 479-248-1161 • FAX: 479-248-1462 12-07-'04 10:02 FROM-Geomat-onsultants 4792481462 • T-831 P02/02 U-558 Arkansas Department of Health 4815 West Maticham Street - little Rock. Arkansas 72205-3867 • Telephone (501)661-2000 Fay W. Boorman, MD, MPH, Director Mike Huckabee, Governor December 6, 2004 N. Arthur Scott, PE Project Design Consultants, Inc. 130 N. Main Street Cave Springs, Arkansas 72718 Re: Soil loading rates Drip Dispersal Systems Dear Mr. Scott: Based upon our phone conversation of earlier today 1 have calculated a rough requirement for land size required for a drip dispersal system given the following information that you supplied to me. 1. 59 homes to be built with 2 and 100 gallons par day per gallons per day sewage. 2. A soil loading rate of 0.15 per day. .6 persons per household capita equating to 15,340 gallons per square foot Based upon our tables, an area of 102,267 square feet would be needed with a reserve of 76,700 square feet for alternate field lines in case of failure of part of the system. This would equate to a minimum 4.11 acres needed for the drip dispersal system. Additional area would be needed for the treatment plant and set backs from the property lines. The actual amount required will depend upon the actual loading rate determined by a soils analyst and the local County Sanitarian. If you have any further questions, or we can be of service, please advise. Sincerely `' Rc fi/i1. Davis District Engineer Division of Engineering Keeping Your Hometown Heathy RECEIVED 12-06-'04 15:07 FROM- _ _50166111441 TO- Geomatic Consultants P02/02 August 5, 1997 • Old Business 93 2.0 I Favetteviile City Council Meeting - July 15. 1997 Supplemental Information for Agenda Appeal of Planning Commission Requirement for Compliance with Master Street Plan Issue: Master Street Plan shows a Minor Arterial (90' right-of-way) which aligns with Sagely Dr. to the east Ordinance Requirement: 3159.46 (copy attached) "...the planning administrator shall determine whether the proposed division conforms to the official plans and regulations that make up the comprehensive plan. including the land use plan. the street plan. access control, setback regulations. the community facilities plan and the zoning ordinance... The planning administrator shall not waive the preliminary and final plan requirements of this chapter for a proposed subdivision until the subdivider dedicates sufficient right-of-way to bring those streets which the master street plan shows to abut or intersect the proposed subdivision into conformance with the right-of-way requirements of the master street plan for said streets: provided the planning commission may approve a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the city council." Planning Commission: Voted 8-0-0 to approve the lot split with the Master Street Plan dedication of 90. Minutes attached. Applicant Position: from P. C. Minutes — Faucette "... noted the distance from where Oakland Road and Skillern met to the area where Highway 45 and Oakland met was approximately 3/8 of a mile. He expressed his belief that, when the proposed road passed Oakland Road it arbitrarily swerved back to the north making it run through the heart of the subject tract.... He asked if there was a need for a major arterial starting at Old Wire Toad, going on Skillern Road and then arbitrarily turning north rather than connecting back to Highway 45 along existing roads. He again asked if the right-of-way was necessary and, if ti was necessary, dit it have to be 90 feet wide." Staff Response: The Master Street Plan was adopted in April, 1995 after I year of staff and committee work and over 25 public meetings. The standard for separation of principal arterials is one mile; the standard for separation of minor arterials is every½ mile. Decision about locating the extension of Skillern Road was made by separating the distance from a hill to the north and a stream to the south (see attached map). A section of land is I mile square and contains 640 acres. Within the section of land where this Master Street Plan is located there is currently only one north/south street and one east/west street. The Master Street Plan provides for an additional street in each direction. On the Master Street Plan for the east side of town there are only two minor arterials planned - one north of Highway 45 and another south of Highway 45. "0.uc�14Qak 246 An4A-, ts, q� August 5, 1997 Alderman Miller asked if the Master Street Plan would have to be changed if the Council granted this request. Alett Little, Planning Director, responded that the Master Street Plan was adopted by resolution and could be changed that way. City Attorney Rose did not think that would be necessary. The effect of the Council's decision would have the practical effect of amending. Little read Sec. 159.46, Variance to Subdivision Requirements, of the Code of Fayetteville: ". . .the Planning Administrator shall determine whether the proposed division conforms to the official plans and regulations that make up the comprehensive plan, including the land use plan, the street plan, . . .The Planning Administrator shall not waive the preliminary and final plat requirements of this chapter for a proposed subdivision until the subdivider dedicates sufficient right-of-way to bring those streets which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right-of-way requirements of the Master Street Plan for said streets; provided, the Planning Commission may approve a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council." She stated a lot split is a waiver of the plat requirements. In this case the Planning Commission did not recommend a lesser dedication. Little stated with regard to the location of the minor arterial, there are only two minor arterials planned in the Master Street Plan on the east side of town. This location was chosen approximately half the distance between the collector and the principal arterial. We tried to more nearly separate the distance between the major roads. There is a large hill to the north and a stream to the south and we went between them so there would be no cost of a bridge or tearing down or tunnelling through the hill. Alderman Young stated the offer is to not put up any structures if the City does not take the right-of-way now. That would not be changing the Master Street Plan as we would still be planning to put a road there. Rose stated that is accurate. Mr. Faucette stated their request take their chances that the street This 90' strip is approximately 3 legal description of the 90' that against the property. 12 is not to change that. They'll might be built in the future. acres. They planned to have a would be a covenant recorded l 247 August 5, 1997 Alderman Schaper would rather have a bill of assurance stating that when the City needs this right-of-way, the owner has to give it to the City. Alderman Young would rather see it in the deed, so every lawyer and abstractor knows not to build on the land. Giving it to the City when needed is another issue. Alderman Trumbo asked if there would be a statute of limitation or would it be perpetual. Rose stated he was not sure about the statute of limitations. Mr. Faucette stated the net effect would be the same as taking it now. Alderman Schaper understood the owner could do whatever he wants on it except build structures up to the point the City says they need to build the street then they get it at no cost, as they would if they deny this appeal. Alderman Pettus stated the City already has a problem with east - west accesses across town because of poor planning in the past. Alderman Zurcher asked if the law requires them to give the land to the City if the lot split goes through. Little stated current regulations require them to dedicate land in conformance with the Master Street Plan. This is what every subdivider is asked to do. Little stated there were 25 public meetings, the Master Street Plan was passed, and all of a sudden it is not reasonable to have these streets in these locations. Regarding it being only a mile apart, a mile square is 640 acres and you could have a tremendous amount of traffic there. She stated she has another situation just like this and this ordinance has been on the books since 1979. she stated she needs to know what the Council's wishes are clearly and quickly. Mr. Faucette stated the person who wants to buy this 17 acres wants to put a fine home, or two, or three, on it, but might not if a four lane arterial might come through there. Alderman Schaper the possibility. for that reason. burden in saying City rather than just deny the apj pointed out the Council would not be precluding They are reserving the right to go through there He did not see that there was much additional if that road is required it has to be given to the selling it to the City, because the Council could )eal and take the land now. 13 C 4 8 August 5, 1997 Little stated she does not think the ordinance prevents the City from purchasing the land at this time. She asked what the value of the three acres is. Mr. Faucette replied the contract price is $17,600 an acre. Alderman Daniel was in favor of being clear by purchasing the land now. Alderman Schaper stated the City is not required to purchase the land. The owner is required to deed it to the City. Alderman Miller commented that the Master Street Plan is a working document not chiseled in stone. Mr. Faucette has made a reasonable offer to keep that land open. People out there would have to realize that some day a road might come through there. He asked if cities are built for cars or people. He tended to favor the variance. Alderman Pettus asked what the Council could do to assure that the future owners would be bound by an agreement not to build on the three acres. Rose replied he was not too concerned about how to get there. He thought a deed restriction would be the easiest way todo A bill of assurance would be a possibility. Either way should be recorded. Alderman Young wanted to be sure it was in writing that the City would not have to buy any structures, if the City buys -the land in the future. - Rose thought that went without saying. Little added that deed restrictions do work. They are filed at the County. As far as the City enforcement of that, there would not be any way of knowing if something was being constructed there or not. Rose stated if.they 'did build, the City would have to sue them for the removal. The City should never have to pay for it. Alderman Trumbo moved to approve the appeal with the condition that the 90' right-of-way be restricted from building in a deed restriction satisfactory to the City Attorney, because of the possibility of a future road being built through there. Alderman Daniel seconded. Upon roll call, the motion passed on a vote of 7 to 0. 245 August 5, 1997 offered to sell for the lot price plus all they've expended in engineering, surveying, consulting, lawyers, etc. The neighbors do not feel it is their obligation to pick up the costs the developers have expended. They are willing to pay a fair market value. This item was left on its second reading. FAUCETTE APPEAL Mayor Hanna introduced George Faucette's appeal of the decision of the Planning Commission regarding the dedication of right-of-way for lands in Washington County. This item was postponed at the July 15 Council meeting. George Faucette spoke representing the Henry Tuck Trust. This 60 - acre farm has been in the Mr. Tuck's family in excess of 40 years. Their desire is to break it up to ultimately no more than 8 or 10 home sites. Tonight's issue is a lot split passed by the Planning Commission subject to the taking of lands in that tract, a 90' right-of-way considered to be a minor arterial. The request is to not change the Master Street Plan, but to repeal that taking by the City for that 90'. The folks in this growth area who are subject to the Master Street Plan have no vote in the city. None of them were aware there is a Master Street Plan in this area. Mr. Faucette questioned whether this street is needed. Referring to a map, he pointed out that between Highway 45 and a point that is an extension of Joyce Street is 1.9 miles. In that stretch there are set to be four streets. The character of this neighborhood is already developed with two -acre to ten -acre home sites, an area that will never be densely developed, so he questioned the need for that traffic drainage pattern.'• It would cause the land to be more densely developed even in •the growth area, which is not in keeping with the character of the area. Mr. Faucette noted that the street from Oakland Road is about 4,000' and seems to arbitrarily turn north because Highway 45 is angling northeast. It would more easily serve the area if i-t came back into Highway 45 either on Oakland Road or in the other to' -be - built road. Mr. Faucette stated that because the need is questionable, the City does not need to take the land now. He would propose, if the Council were willing to grant the appeal to not take the land, that the petitioner would agree that the 90' swath would never have any structure built on it. If somewhere down the road the City needed to take the land, the City would not have to pay the price for structures. The City would pay just what the land was worth at that time. 11 0 Y ki ■ =kgklV From: Clarice Pearman To: Pate, Jeremy Subject: Res. 101-05 Jeremy, Attached is a copy of the resolution passed by the City Council, May 17, 2005 regarding ADM 05-1514. Thanks. Clarice