HomeMy WebLinkAbout205-06 RESOLUTION•
RESOLUTION NO. 205-06
A RESOLUTION TO APPROVE THE APPEAL OF ADM
06-2282 (EMERALD POINT) AND TO APPROVE THE
AMENDED PLAT WITH AN AMENDED CONDITION
OF APPROVAL #1.
WHEREAS, the applicant/developer of Emerald Point has contracted to purchase
additional land to the south to provide a street connection as recommended by the
Planning Department; and
WHEREAS, the applicant/developer has prepared an amended plat showing this
additional land and extended street, and
WHEREAS, the Planning Department has rewritten Condition of Approval #1 to
reflect the amended plat.
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
grants the appeal of the applicant in ADM 06-2282 (Emerald Point) and approves the
amended preliminary plat with the amended Condition of Approval #1 attached as
exhibits to this resolution. �%l""'"I��
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DAN COODY, Mayor 4 SONDRA SMITH, City Clerk
—
PASSED and APPROVED this 5th day of December, 2006.
APPROVED ATTEST:
• •
EXHIBIT "B"
ADM 06-2282
Emerald Point Preliminary Plat
AMENDED CONDITION OF APPROVAL:
1. Planning Commission determination of street connectivity. The applicant proposes to
provide a street stub -out to the north for future connection to an existing street in Legacy
Pointe Phase 1 and two street connections to the south. The applicant has submitted a letter
signed by Mr. Michael Williams, property owner to the south, conveying agreement to a
street connection through his property. Staff is recommending the street stub -out continue
south the additional 70' in length through Mr. Williams' property to provide a through
connection to the Hays property, will be developing in the near future. A minimum of 42 feet
of right-of-way shall be dedicated and a 24 foot public street shall be constructed
approximately 70 feet south of Lot 45/47 to provide for future public access prior to
recordation of the Final Plat for Emerald Point Subdivision. The Preliminary Plat shall be
amended as generally depicted in Exhibit "A" prior to approval of construction plans.
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•
City Council Meeting of November 7, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From: Jeremy C. Pate, Director of Current Planning
Date: October 18, 2006
•
Subject: Major Modification of Emerald Point Subdivision (ADM 06-2282)
RECOMMENDATION
The Planning Commission voted to deny the subject request for a major modification to
remove an approved street stub -out within Emerald Point Subdivision, PPL 05-1773.
Staff recommended denial of the proposed major modification.
BACKGROUND
On June 26, 2006, the Planning Commission approved the preliminary plat for Emerald
Point Subdivision, a residential subdivision containing 9 7 acres with 8 single-family lots
and 40 townhome lots. The property is located east of Double Springs Road, and it is
zoned RMF -6 subject to a Bill of Assurance. Property to the north is developed for mini -
storage. Two adjoining properties to the south were recently annexed and zoned R -A and
RSF-4. It is anticipated that the property zoned RSF-4 will develop for single family
homes in the future.
During the review of this project, significant attention was given to the connectivity
proposed between this development and surrounding property. The subdivision was
approved with one street stub -out to the north and three stub -outs to the south. Placement
of the street stub -out furthest to the east, Rocky Crossing, will provide a potential street
connection north to Legacy Point Phase 1. The western -most street stub -out is necessary
to provide lot width for two lots. Though staff had recommended that this street be
extended south 70 feet through the R -A property to stub -out to the RSF-4 property, the
owner indicated the street connection is not to be provided through his property.
Therefore, the middle street, Integrity Way, was added to the plat to provide additional
connectivity to the south and avoid the construction of long, straight streets that may
increase traffic speeds.
Construction drawings and preliminary analysis of the drainage have been submitted to
the City Engineering Division. The result of these studies shows that the detention area
available in Lot 35 is not adequate to detain the storm water from this property and the
additional water run-off from the property to the north, which was developed under
County requirements and was not required to provide storm water detention. Due to the
drainage issues, the applicant has requested to remove Integrity Way and incorporate the
right-of-way into the detention pond lot resulting in an increased capacity.
A
City Council Meeting of November 7, 2006
Agenda Item Number
DISCUSSION
On October 9, 2006, the Planning Commission voted 6-2-0 to deny this request.
Commissioners Trumbo and Anthes voted against the motion to deny. The applicant
submitted a letter of appeal to the City Clerk within 10 days following the Planning
Commission meeting. Additionally, the applicant has met with staff and the adjacent
property owner to the north to discuss potential solutions to the drainage issues which
were exacerbated by the development of the mini -storage units. At this time, the
participants have not agreed upon any one solution.
BUDGET IMPACT
None.
•
Faye Lievffie
ARKANSAS
PC Meeting of October 09, 2006
THE CITY OF FAYETTEVIL.LE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: October 04, 2006 Updated October 18, 2006
ADM 06-2282: Administrative Item (EMERALD POINT S/D, 474): Submitted by
STEADFAST, INC. for property located S of Wedington, E of Double Springs Road.
The request is for a major modification of the approved Preliminary Plat, PPL 05-1773.
Planner Suzanne Morgan
Background
The Planning Commission tabled this item indefinitely at its September 25;2006:meeting
-
due to the absence of an applicant at the time the item was heard. The applicant requests
that the Planning Commission reconsider this item at its October 09, 2006 meeting:
On June 26, 2006, the Planning Commission approved the preliminary plat for Emerald''
Point Subdivision. The residential subdivision contains 9.7 acres and is located east of:
Double Springs Road The property is zoned RMF -6 subject to a Bill of Assurance.:The
subdivision consists of 48 Tots, of which 8 are single-family lots and 40 are townhome
lots: Property to the north is developed for mini -storage. Two adjoining properties to the
south were recently annexed and zoned R -A and RSF-4. It is anticipated that the
property zoned RSF-4 will develop for single family homes in the future.
During the review of this project, significant attention was given to the connectivity
.proposed between this development and surrounding property. A street connection was
provided from Double Springs Road. One street is stubbed -out to the north where a
future connection could be made from this property to Legacy Pointe Phase 1 should the
mini -storage property be redeveloped. No street connections to, the east were provided
within Legacy Pointe Phase V. Most of the discussion regarding street connectivity was
focused on street connections to the south, in an effort to coordinate the impending
development activity to the south with the subject development proposal.
At Subdivision Committee, the applicant proposed two street stub -outs to the south. The
western street, Georgia Trail, would provide street frontage for the creation of two lots.
Georgia Trail dead -ends into a 1 -acre property zoned R -A owned by Mr. Williams.
Understanding that the property south of Mr. Williams would be developed in the future,
K: I Reports120061PC Reportstl0-09-061ADM 06-2182 (Emerald Point Subdivision).doc
staff recommended extending the street through Mr. Williams' property (a 70' street
extension) so that a proper street connection can occur with subsequent development. It
was discussed at Subdivision Committee that the applicant was not able to obtain
approval from Mr. Williams. Staff, therefore, recommended the relocation of the street
stub -out to the east (east of Mr. William's property) and reconfiguration of the lot layout.
The Subdivision Committee further specified that the stub -out should be located between
lots 35 and 36. The new street, Integrity Way, was created by reducing the size of the
detention pond. Georgia Trail remained in order to provide frontage to lots 46 and 47,
but it was understood that this street may never extend through Mr. Williams' property.,
On June 26, 2006, the Planning Commission reviewed and approved a preliminary plat
with three street stub -outs to the south.
Construction drawings and analysis of the drainage has been submitted to the City
Engineering Division. The result of these studies has shown that the detention area
available in Lot 35 is not adequate to detain the storm water from this property and the
water run-off from the property to the north which was developed under County
requirements and was not required to provide storm water detention.
Request
The applicant requests a modification to the approved preliminary plat for Emerald
.Pointe Subdivision. As shown in page 3, of the supplementary hand out; the applicant
requests removal of Integrity Way for the following reasons:
1. The storm water run-off onto the subject property has increased due to the
development of the mini -storage facility to the north: Enlargement of the
detention pond will be necessary to accommodate this" flow, and this will
result in the elimination of one or more lots.
2. The resulting block lengths are do not exceed city requirements. The block
length from Double Springs Road to Rocky. Crossing: is 1,173 feet. When
Georgia Trail is extended to the south, the block lengthfrom Georgia Trail to
Rocky Crossing will be 960 feet. Furthermore, the applicant proposes that
traffic will be heavier on the east -west street connections rather than on the
north -south streets.
Discussion
The detention pond, Lot 35, as originally proposed was sized too small for the
development of the subdivision. Final calculations have not yet been submitted to the
Engineering Division for review, but according to Engineering staff it is likely that a total
of four Tots may be removed and added to the detention pond. Removal of Integrity Way
is proposed not to increase lot yield but to increase the size of the detention pond and to
avoid the loss of lots.
The Unified Development Code states that block lengths can range between 400' to
1,400' (see Ch. 166.08 D). Staff recommends this additional street connection to provide
additional avenues of travel north and south. The resulting block sizes are comparable to
others within the Legacy Pointe Phase 1 Subdivision and others within the city.
K:1Reporis120061 PC Reports1I0-09-061ADM 06-2282 (Emerald Point Subdivision).doc
Recommendation
Staff recommends denial of the requested modification for the removal of Integrity Way
without the construction of Georgia Trail through Mr. Williams' property. Although the
block length requirements have been met from Double Springs Road to Rocky Crossing,
staff does not recommend the construction of long, straight streets that may increase
traffic speeds when there is a possibility of providing additional street connections.
Planning Commission approved Integrity Way because Georgia Way would not be able
to be extended through Mr. Williams' property. The applicant's current proposal does
not provide an altemative street connection, as Mr. Williams has indicated the street
connection is not to be provided through his property.
Date:. October 9, 2006
Planning Commission Action: Denied
Motion to deny: Ostner
Second: Clark
Vote: 6-2-0 with Commissioners Trumbo and Anthes voting no.
Comments:
K:IReports12006IPC ReporlsU'0-09-06IADAM 06-2282 (Emerald Point Subdivision).doc
•
•
Planning Commission
June 26, 2006
Page 124
l
PPL 06-1773: Preliminary Plat (EMERALD POINT, 474): Submitted by
STEADFAST, INC. for property located at DOUBLE SPRINGS RD., E OF
SILVERTHORNE S/D. The property is zoned RMF -6, LOW DENSITY MULTI-
FAMILY RESIDENTIAL and contains approximately 9.7 acres. The request is to
approve a preliminary plat of a residential subdivision containing 8 single family lots and
40 two-family lots.
Anthes: Our next item this evening is item 19, Preliminary Plat 06-1773 for
Emerald Point.
Morgan: This is a subdivision on a property approximately 10 acres. It is north of
the Williams property and the Hays property that were earlier considered
tonight for annexation. The applicant requests approval of a Preliminary
Plat of 48 lots, 8 of which are single family and those single family lots lie
on both the east and west property lines which adjoin other single family
residential neighborhoods. And there are 40 townhome lots between those
.2 rows of single family lots In the review of this application staff and the
applicant and Subdivision Committee worked considerably hard on
connectivity. The applicant is providing one connection to the north which
potentially in the future will connect with Legacy Point Phase 1. There is
an intervening property which is currently developed for storage units
which would currently prevent that connection at this time. The applicant
also proposed three connections to the south, one of which, the western
most, stubs out to the Williams property and it is questionable whether or
not by the time of final plat as presented before you we will have right-of-
way and the street will be constructed through that property, therefore the
applicant is proposing a turnaround temporary cul-de-sac at this location.
There is an additional access for this property to the Hays property which
could be connected when that property develops as well as the one furthest
to the east. There are several waiver requests associated with this
application. Those include both the waiver of distance between Olika
Street at the main lane through this property as well as Mesa Street which
is existing in the Silverthome subdivision. The requirement is 150' and the
applicant proposes 117' between those center lines. With the locations of
the existing homes that are proposed to be saved and just the distance
between there, that was the only viable option in order to get some
additional lots along the northern property line. Additionally, they request
a waiver of the 150' curb radius. The applicant requests for a 100' radius.
Staff is recommending support of this waiver as well as the previous. We
do have two other Planning Commission determinations which we have
requested. First 'of all being street connectivity. Again, we have worked
with the applicant and Subdivision Committee and at the last Subdivision
Committee meeting they did recommend approval of this third connection
of the three connections. And Planning Commission determination of
street improvements is requested. Staff recommends that the applicant
Planning Commission
June 26, 2006
Page 125
improve Double Springs Road from the northern property line to the
southern property line also including the 70' portion adjacent to Mr. Mike
Williams' property which is the property that was heard earlier today for
annexation. The existing home on lot 49 will encroach in the building
setback and the applicant may go to the Board of Adjustment to relieve
that non -conformity However, should a variance not be approved the
structure will remain as non -conforming; it's just a point of interest and
we've including a condition regarding that. There are several revisions that
need to be made to the plat but we have confidence that that will be done
and we are recommending approval of this project.
Anthes: Thank you, Ms. Morgan. Would any member of the public like to address
this Preliminary Plat 06-1773, please come forward. Seeing none I'll close
the public comment section. Will the applicant make a presentation? Good
evening.
Ritchey: Good evening, my name is Randy Ritchey and I represent the applicant.
Our main obstacle here as Suzanne has noted is the connectivity.and we
went through a couple iterations there trying to achieve connectivity to the
south through Mr. Williams' property which was annexed tonight and we
thought that was going to be a viable option, but he expressed some
concerns and didn't really, he decided not to follow through that. So, we've
adjusted our street stub outs accordingly and that's sort of generated a few
more required changes. So, I think we've accomplished our goal with the
connectivity both with the south and the north and possibly even three
points of connection if there is a possibility to connect through Mr. Hays'
property. The waivers as Suzanne presented to you are fairly straight
forward. The curb radii and the distance between the street T intersections.
There is really not much we can do about the T intersection distance. The
street existing is where it is and we've moved the proposed street as far
away from that as we can. And other than that I would just be happy to
answer any question you may have. Thanks.
Anthes: _ Thank you, Mr. Ritchey. Can we have a Subdivision report on this item?
Myers: If I can remember at this hour of the night. It was Commissioner Graves
and wasn't it me and Lack?
[multiple people talking]
Myers: I went to the Subdivision Committee twice. Ok, so we are the most recent
one I think.
Graves: I've never seen this.
Planning Commission
June 26, 2006 ,
Page 126
Trumbo. I substituted for Commissioner Graves, I believe.
Anthes: Well, it looks like on conditions of approval 2, 3, and 4 that Subdivision
Committee really recommended the same thing as staff did. But I might
like to hear a little bit about the connectivity issue if anyone can recall.
Lack: If I may, Madame Chair.
Anthes: Thank you, Commissioner Lack.
Lack: The connectivity was the greatest issue with this subdivision and the
western most connection that you see was I believe actually farther to the
west shown originally. But with that inability to connect at that location
we did ask that it be moved just to where it could connect but still
maintaining it at that location. The middle connection which is labeled
Integrity Way on the plat for us was requested to be added at the
Subdivision Committee and that was pretty much the extent of the
discussion that I remember. We did talk about maximum length of
hammerheads or maximum length of streets or stub outs without requiring
a turnaround and they were compliant in that except for the one at what is
labeled Georgia Trail, the western most stub out.
Anthes: Thank you, Commissioner Lack. Is there further discussion? I have a
question about lots 48 and 49. It looks like on 49 there is an existing house
to remain and I'm assuming because the garage is on the east side of that
house that access will be from Georgia Trail to that property, is that
correct? Anyone?
Pate: No, the lot access to lot 48 will be specifically -
Anthes: Lot 49 is my question.
Pate: Lot -49 will be retained where it is now because that is the" location of the
house. There is a condition of approval that states with redevelopment of
that lot the house shall be situated so that at least access is from the
interior street as opposed to Double Springs Road. But as it is that existing
lot would remain. Access to lot 48 will also be Double Springs Road.
That's the only frontage for that lot and the structures on 46 and 47 would
be removed and that would be a different development that would access
the interior street which is name Georgia Trail in your plat.
Anthes: And what street does lot 1 access?
Pate: Lot 1 will access the interior street as well.
•
Planning Commission
June 26, 2006
Page 127
Anthes:
Morgan:
Pate:
Anthes:
Pate:
Anthes:
Pate:
Anthes:
Myers:
Ostner:
Pate:
•
Ok, in the conditions of approval, can you direct me to the condition of
approval that refers to lot 49. There are quite a number here. Oh, I think it
is 13. Or no?
I believe 15.
Yes. It also addresses the size of multi -family lots; because these are
smaller lots we've reduced the driveway width to 12' maximum unless
they were shared.
•
I would like to move to amend condition number 15 to state that homes
developed on lots 1 and 48 and with any redevelopment of lot 49 that
those houses should face Double Springs Road and access be provided for
the side streets.
Mr. Williams, correct me if I'm wrong, I don't believe that we can by our
current ordinances dictate where a house can face or not.
We've seen it on other -
On Planned Zoning Districts, yes, but not with a Preliminary Plat.
Well, there you have it, never mind.
And it was so nicely crafted.
Our current condition of approval is dictating it.
Only the access to the driveway. The actual vehicular access because they
are discouraged on our Master Street Plan from directly accessing minor
arterials. -
Anthes: Can't blame a girl for trying. Is there further discussion?
Lack: Madame Chair.
Anthes: Commissioner Lack.
Lack: After seeing this in Subdivision and seeing the changes that we request
and finding in favor of the staffs recommendations I will vote to approve
Preliminary Plat 06-1773 with the stated conditions of approval giving
special consideration to condition 1, connectivity, condition 2, street
improvements, condition 3, the waiver of the distance between Olika and
Mesa, condition 4, the Planning Commission waiver of the 100' curb
radius, all of the conditions of approval as stated. •
Planning Commission
June 26, 2006
Page 128
Anthes: We have a motion to approve by Commissioner Lack, do 'we have a
second?
Myers: I'll second.
Anthes: Second by Commissioner Myers. I have one quick question and only
because itis late. Will staff describe again why we are not asking for an
additional stub out to the north. I know that we added, that we have 3
going south and not I going north, is there a reason that is not balanced?
Pate:
The property directly to the north is a newly developed property. The
applicant has agreed to stub out Rocky Crossing even though there is a
brand new structure in the way of those 2 ever being connected. However,
we do feel that hopefully in the future there will be some point in time that
Rocky Crossing can be seen as a more valuable property then a storage
unit.
Anthes: It is the mini -storage property.
Pate:
Correct, andbeing constructed so that's why we are looking at that this
time.
Anthes: It's Just we look at other places where properties are developed in the
county or even a golf course for instance and we go ahead and connect to
it whether or not that may develop that way in the future.
Pate: That's exactly why we made the recommendation on Rocky Crossing for
this particular piece of property we didn't feel it should be the [inaudible]
of the developer for the number of lots being proposed to provide all
connections Just in anticipation of this potentially redeveloping.
Anthes: Ok, thank you, Mr. Pate. Is there further discussion? Will you call the roll.
Roll CaII: The motion to approve PPL 06-1773 carries with a vote of 8-0-0.
•
�a e��evi�le
ARKANSAS
THE CITY OF FAYETTEVILLE, ARKANSAS
PLANNING DIVISION CORRESPONDENCE
PC Meeting of June 26, 2006
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
TO: Fayetteville Planning Commission
FROM: Suzanne Morgan, Current Planner
Matt Casey, Assistant City Engineer
THRU: Jeremy Pate, Director of Current Planning
DATE: June 20, 2006 Updated June 30, 2006
PPL 06-1773: Preliminary Plat (EMERALD POINT, 474): Submitted by STEADFAST, INC.
for property located at DOUBLE SPRINGS RD., E OF SILVERTHORNE SID. The property is
zoned RMF -6, LOW DENSITY MULTI -FAMILY RESIDENTIAL and contains approximately
9.7 acres. The request is to approve a preliminary plat of a residential subdivision with 8 single
family lots and 40 two-family lots. Planner: Suzanne Morgan
Findings:
Property description: The subject property contains 9.7 acres and is located east of Double
Springs Road. The property was recently annexed into the City of Fayetteville:and zoned RMF -
6, subject to a Bill of Assurance (see attached). The applicant has met all requirements of the
Bill of Assurance with the proposed development. The property is bordered on two sides by
property in the city limits, with Silverthome Subdivision to the, west and Legacy Point Phase 4
(under construction) to the east. Two intervening unincorporated properties lie between the
subject property and the city limits to the north (Legacy Point Phase 1).
Proposal: The applicant requests approval of a preliminary plat consisting of 48 lots, of which 8
are single-family lots and 40 are townhome lots. No more than two attached townhomes are
permitted within the subdivision.
SURROUNDING LAND USE AND ZONING:
Direction
Land Use
Zoning , '„ ;
North
Storage Units & 2 Single.
family homes
Single family homes
Planning Area
RSF-4 & RMF -6 (Legacy Pt. Ph. 1)
South
Rural Single family homes
Planning Area
East
Vacant (under construction)
RSF-4
West
Silverthome Subdivision
RSF-4
Water and Sewer: Water and sewer lines shall be extended to this development.
Adjacent Master Street Plan Streets: Double Springs Road (Minor Arterial)
K: IReports120061PC Reports106-26-061PPL 05-1773 (Emerald Poinadoe
•
Right-of-way.: The required right-of-way for Double Springs Road was dedicated with previous
lot splits. Interior streets consist of both Local and Residential streets.
Connectivity: A street connection is proposed from Double Springs Road into the subdivision.
Three street connections are proposed from this main street to the south. The western street
connection, located just east of the existing dwelling owned by Mr. Fletcher Williams, stubs -out
to a one -acre parcel owned by Michael Williams. Michael Williams' property contains one -acre
and is an unusual tract, with a 70' lot width and 580' length, extending from Double Springs
Road to Lot 40. Staff is aware that Hays, the property owner south of Mr. Williams, anticipates
developing her property for residential use. Staff recommends the extension of the proposed
street through Michael Williams' property to the Hays property so that a proper street connection
can occur with subsequent development. This will result in a two-tiered row of lots, potentially 4
lots deep, adjacent to Double Springs Road.
The applicant has submitted a letter signed by Mr. Michael Williams that indicates his agreement
"to dedicated right-of-way across [his] property located at 340 Double Springs Road in
Fayetteville." The letter states that "this right-of-way is to be used for future extension of a
proposed street stub -out in Emerald Point Subdivision to the north." To avoid any confusion,
staff would like to make it clear that the recommendation is that the street be constructed through
Mr. William's property prior to the recordation of the final plat for this development. The final
plat for Emerald Point Subdivision will reflect the location of the street and Mr. Williams shall
either sign the final plat dedicating the right-of-way for the street or have sold (or donated) the
property to the owner of the subdivision prior to recordation.
•
The document signed by the applicant is not a legally binding, document enforceable by the City
'of Fayetteville. If the applicant is unable to secure rights to construct the street across Mr.
.William's property or the right-of-way cannot be dedicated. The applicant, therefore, has
• provided third street connection to the south, west of Lot 35, to provide additional internal street
connections in response to the recommendation of the Subdivision Committee and staff. Any
further modification to an approved preliminary plat shall require Planning Commission review
and approval.
The applicant proposes a street connection to the north at the eastern end of the property. This
street can provide a connection north to Legacy Pointe Phase I when the adjacent property
develops (it is currently utilized for a new storage unit business) and a street connection south to
the Hays property.
Parkland: The applicant will contribute fees in lieu of land dedication.
Tree Preservation: Existing: 3.85%
Preserved: 3.85%
Required: 3.85%
Mitigation: None
Recommendation: Staff recommends approval of PPL 05-1.773 with the following conditions-
1C:IReporrs120061PC Reporrs106-26-061PPL 05-1773 (Emerald Poim3doc
Conditions of Approval:
-Y 1. Planning Commission determination of street connectivity. The applicant proposes to
provide a street stub -out to the north for figure connection to an existing street in Legacy
Pointe Phase 1 and three street connections to the south. The applicant has submitted a
letter signed by Mr. Michael Williams, property owner to the south, conveying agreement
to a street connection through his property. Staff is recommending the street stub -out
continue south the additional 70' in length through Mr. Williams' property to provide a
through connection to the Hays property,which is in the process of annexation, zoning,
and will be developing in the near future. If the applicant is unable to secure final rights
to construct the street across Mr. William's property or the right-of-way cannot be
dedicated, the applicant shall construct a temporary cul-de-sac at lot 45/46/47 in
accordance with Fire Department regulations.
The Subdivision Committee recommended a third street connection to the south as
indicated on the revised site plan. The western street connection may dead-end with
turn -around means satisfactory to the Fire Department.
The Planning Commission found in favor of this condition of approval.
2. Planning Commission determination of street improvements. Staff recommends the
applicant improve Double Springs Road from the north property line to the southern
property line of property owned by Mr. Michael Williams (approximately 70' south of the
subdivision). Improvements shall extend 14' from centerline including pavement, curb
and gutter, 6' sidewalks and storm drainage. ,
The Subdivision Committee recommended in favor of street improvements as stated.
The Planning Commission found in favor of this condition of approval.
3. Planning Commission determination of a waiver -of the distance between streets (Olika
Lane (proposed) and Mesa Street (existing)). The requirement is for a 150' separation
between centerlines of streets. The applicant proposes to construct Olika Lane
approximately 117' from the centerline of Mesa Street. Staff recommends approval of
this waiver request. With a different configuration, the efficiency of the infrastructure
improvements with relation to the lots decreases significantly. Staff finds this separation
to be adequate and will not create a dangerous traffic condition.
•
The Subdivision Committee recommended in favor of the requested waiver for a 117'
separation between Mesa Drive and Olika Lane.
The Planning Commission found in favor of this condition of approval.
4. Planning Commission determination of a waiver of the requirement for a 150' curve
radius The applicant proposes a 100' radius at the intersection of Williams Way and
Olika Lane. Staff recommends approval of this waiver request.
K. IReports120061PC Reports106-26-061PPL 05-1773 (Emerald Poim).doc
The Subdivision Committee recommended in favor of the requested waiver for a 100'
curve radius.
The Planning Commission found in favor of this condition of approval.
5. The applicant shall submit a guarantee (letter of credit, bond, or cash) of $1,000 per lot
prior to the recordation of the final plat for contributions to an interim solution to
wastewater capacity concems in the Owl- Creek/Hamestring Creek basin, if the
improvement is required. Final determination of the contribution shall be made by the
City Engineer.
6. An assessment in the amount to be determined by the Engineering Division shall be paid
by the developer prior to Final Plat for the unconstructed portion of Georgia Trail stub -
out to the south, extension of sidewalks, and removal of the temporary cul-de-sac,
approximately 110 feet in length.
7. The existing home on Lot 49 will encroach into the front 25' building setback from Olika
Lane right-of-way. A variance, approved by the Board of Adjustment, is required to
alleviate the restrictions of a nonconforming structure from this property. Staff
recommends that the applicant process the variance prior to the recordation of the final
plat. Should the variance not be approved, the structure will remain a nonconforming
structure.
All development shall be in accordance with the RMF -6 zoning district and the recorded
Bill of Assurance.
Lots 2-4 appear to have verylittle buildable area Should the lots be inadequate for the
construction of dwelling unit, the applicant shall reconfigure the Tots to provide adequate
buildable area prior to the recordation of the final plat
10. The applicant shall construct required sidewalks adjacent to Double Springs Road, Lot
49, adjacent property to the south owned by Michael Williams, and the detention lot prior
to recordation of the final plat. All other interior sidewalks may be constructed or
guaranteed prior to the recordation of the final plat.
11. Street lights shall be installed with a maximum separation of 300 feet along all interior
and external streets prior to final plat.
•
12. The septic system on lot 46/47/48 shall be abandoned in accordance with Arkansas
Health Department requirements prior to final plat approval. The existing structure on lot
48 is indicated to be removed. If it is not, the structure shall be connected to public sewer
prior to recordation of the final plat.
13. The existing dwelling on Lot 49 shall be tied onto sanitary sewer and the existing septic
systems shall be abandoned in accordance with Arkansas Health Department
requirements prior to final plat approval.
K:IRepons120061PC Repons106-26-061PPL 05-1773 (Emerald PoinQ.dac
)
14. The applicant shall pay park fees in the amount of $25,530 for 46 new single family
dwellings prior to the application of signatures on the final plat.
15. Only lots 48 and 49 shall be permitted access onto Double Springs Road. If lot 49 is
redeveloped, access to Double Springs Road shall be discontinued and established on the
interior street. All multi -family lots shall construct a driveway no greater than 12' in
width. Staff recommends that the multi -family lots share driveways where possible. If
shared on the property line, the maximum driveway width shall be 24'.
16. A temporary access easement, filed with the Final Plat for the temporary cul-de-sac on
Georgia Trail, shall be automatically abandoned at the time of the street extension to the
north.
-17. The accessory structure on Lot 45 shall be removed prior to the recordation of the final
plat.
18. Signs shall be posted at the end of each stub -out to indicate that the street will extend in
the future prior to the recordation of the final plat (coordinate with Transportation
Division).
19. No mitigation is required on this site unless there is unforeseen removal below the 3.85%.
20. Several issues and revisions requested at the Technical Plat Revision were not addressed
with the revision submittal. The applicant shall submit to the Planning Division a revised
preliminary plat addressing the following items:
a. Imogene Williams shall sign the application as owner of record. Please submit a
signed application or have her submit a letter authorizing another party (i.e. her
husband) to sign on her behalf.
b. Reduce the width of the street in each 42' right-of-way from 28' to 24' in
accordance with the Master Street Plan. Revise the street table to correspond.
c. The building setbacks on Lots 35 and 36 adjacent to the right-of-way are 25'. The
lot line between lots 35/36 will need to be east -west instead of north -south to
provide sufficient building area.
d. Street lights shall be located at each street intersection and along all streets at
intervals of no greater than 300'.
e. The note on the plat identifying the sidewalk to be constructed prior to final plat
approval should include adjacent property to the south owned by Michael
Williams and the sidewalk adjacent to Lot 49.
f. Sewer shall be extended to Lot 48. The plat shall be revised to show the
extension of sewer to this lot prior to construction plan approval.
g. Utility easement lines shall be extended to property lines or to the point of
termination.
h. The temporary cul-de-sac shall be constructed to meet City of Fayetteville -
standards.
K:IReparts120061PC Reportsl06-26-061PPL 05-1773 (Emerald Pain!.doc
Standard Conditions of Approval:
21. 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)
22. 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.
23. Subdivision area signage shall be permitted in accordance with applicable city codes.
24. All overhead electric lines under 12Kv shall be relocated underground. All proposed
utilities shall be located underground.
25. All street names and addresses shall be approved by the 911 coordinator.
26. Preliminary Plat approval shall be valid for one calendar year.
Additional conditions:
a.
Planning Commission Action: yes Required
✓ Approved Denied
Date: June 26, 2006
Motion: Lack
Second: Mures
Vote: 8 0-0
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
R: 1Reports120061PC Reports106-26-061PPL 05-1773 (Emerald Poire) doc
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THE CITY OF FAYETTEVILLE, ARKANSAS.
PLANNING DIVISION CORRESPONDENCE
To: City Council, Mayor Dan Coody
From: Jeremy Pate, Director of Current Planning NX
Date: December 05, 2006
Subject: Emerald Point ADM 06-2282 Appeal
125 W. Mountain St.
Fayetteville, AR 72701
Telephone: (479) 575-8267
The applicant for this project today submitted a revised drawing and letter of agreement in which a
stub -out and future street connection is acquired through the two points of ingress/egress to the
south: Georgia Trail and Rocky Crossing. The agreement states that the property owner of the
property to the south of Georgia Trail will sell the eastern portion of his property to Mr. Zakariadze,
who will subsequently dedicate a minimum of 42 feet and build a public street to the southem
property line. Subject to rezoning and development requirements, the property to the east of this
stub -out may be available for future development.
Based on the letter and drawings submitted by the applicant on December 5, 2006, staff therefore
recommends approval of the applicant's appeal of the original terms and conditions of the Emerald
Point Preliminary Plat, PPL 06-1773, with the following amended condition of approval.Number 1:
Planning Commission determinatiori of street connectivity. The applicant proposes to .••
provide a street stub -out to the north for future connection to an existing street in Legacy
Pointe Phase 1 and twee two street connections to the south. The applicant has submitted a
letter signed by Mr. Michael Williams, property owner to the south, conveying agreement to
a street connection through his property. Staff is recommending the street stub -out continue
south the additional 70' in length through Mr. Williams' property to provide a through
connection to the Hays property, which ' s . . . will be
developing in the near future.
regulations A minimum of 42feet of right-of-way shall be dedicated and a 24 foot public
street shall be constructed approximately 70 feet south of Lot 45/47 to provide for future
public access prior to recordation of the Final Plat for Emerald Point Subdivision. The
Preliminary Plat shall be amended as generally depicted in Exhibit "A "prior to approval
of construction plans.
K:Veremy11006 CorrespandencetCC & PC MemoslEmerald Poinl AppeaLdoc
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Civil, Structural an Land Development Services
12081 Centerpooint Church Prairie Grave, AR 72753
(479) 846-0295 rritcheyQpgtc.corn
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City of Fayetteville
Planning Office
Fayetteville, AR 72701
RE Right of Way through Michael Williams' Property
12/04/06
Greetings,
By signing below, I, Michael Williams, do hereby agree to split my property located at 340 Double
Springs Road in Fayetteville and sell the resulting eastern portion to Olika Investments. Olika
Investments . further covenants with the City of Fayetteville to dedicate the western 42' of the
resulting lot for right of way to construct the extension of Georgia Trail in Emerald Point
Subdivision. The proposed lot split will be configured such that the new lot line will be coincident
with the proposed right of way on Georgia Trail as it extends south across the property. Georgia
Trail will eventually connect to a proposed subdivision on the property to the south, providing
traffic connectivity and circulation. This right of way will be formally dedicated and filed and the
street will be constructed across the property before the Emerald Point Subdivision files for Final
plat.
Michael Williams
Ira Zakariadze, Olika Inemeats, LLC
"And the rain descended, and the floods came, and the winds blew and beat upon that house; and it fell not: for it was
founded on a Rock." Matthew 7:24
(12.6.06) Clarice Pearman
ADM 06-2282
From: Clarice Pearman
To: Pate, Jeremy
Date: 12.6.06 5:48 PM
Subject: ADM 06-2282
Jeremy:
The Council passed the above item at the 12.5.06 meeting. However I do not have the exhibits of Condition of Approval
#1 and the amended preliminary plat to attached. Please let me know when I might receive them to complete processing.
Thanks.
Clarice
(12.12.06) Clarice Pearman - Res. 207-06 & 205-06
From: Clarice Pearman
To: Pate, Jeremy
Date: 12.12.06 3:21 PM
Subject: Res. 207-06 & 205-06
Attachments: 207-06 Garland ROW variance.pdf; 205-06 ADM 06-2282.pdf
CC: Audit
Jeremy:
Attached are the above resolutions passed by City Council, December 5, 2006 for the following:
Garland ROW Variance
Emerald Point Appeal.
If anything else is needed please let me know.
Thanks.
Clarice
Clarice Buffalohead-Pearman, CMC
City Clerk/Treasurer Division
113 West Mountain
Fayetteville, AR 72701
479-575-8309
cpearman@ci.fayetteville.ar.us
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