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Home My WebLink About162-10 RESOLUTIONRESOLUTION NO. 162-10 A RESOLUTION TO AMEND RESOLUTION NO. 76-06 TO AMEND THE SITE PLAN TO REPLACE FIVE DUPLEX LOTS WITH SINGLE FAMILY LOTS AND CHANGE THE LOT ONCE DESIGNATED FOR THE DECENTRAILZED COMMUNITY SEPTIC SYSTEM TO SINGLE FAMILY LOTS AND A DEVELOPED PARK OF ABOUT 2.5 ACRES WHEREAS, on April 1, 2006, the Fayetteville City Council approved Resolution No. 76-06 allowing extension of city sewer to Lierly Lane Subdivision which adjoined our city limits and approved an Annexation Agreement with the development; and WHEREAS, the developer complied and annexed this subdivision into the city of Fayetteville and several lots have been developed with houses or duplexes built; and WHEREAS, the new owner of the Lierly Lane Subdivision wishes to change five duplex lots to single family lots and utilize a portion of the unconstructed community septic system lot for additional single family lots and a developed park of about 2.5 acres. 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 amends Resolution No. 76-06 by altering the terms and conditions and site plan approved by that Resolution as follows: (A) The five duplex lots shown on Exhibit B shall be changed to single family lots. (B) The site plan shall be modified to approve the fourteen lots shown on Exhibit C to include the developed park area of about 2.5 acres and thirteen single family lots designed as shown on Exhibit C. (C) All new lots must conform to the Unified Development Code. (D) The park area must be developed as shown on Exhibit C and detailed on Exhibit D and shall be open to the Lierly Lane Subdivision residents before the 8' building permit is issued for lots within Exhibit C. (E) Two separate points of public access to the park shall be established from Berseis Drive and Cassius Lane. (F) Parks fees for residential units that would be assessed at a higher rate because of this amendment must pay such increase prior to receiving a building permit. PASSED and APPROVED this 7th day of September, 2010. APPROVED: ATTEST: riPA ) AINA1 O ELD J f , Mayor Page 2 Resolution No. 162-10 SONDRA E. SMITH, City Clerk/Treasurer 5 wetvt- uoTs storm_ fsinAtA LV t eCett AO, LoT la( Toot, weskit, vtms CO • • S87°40AVE 258.0,1' urn.), LNIF S;87°j8'53"E 308.06' ,.i.si i9-17°3''?"E ' • 0.......,..1 1 85.02' tsjigi 1 , '.7432" • 1- .-/:•i:i. 1 Lor 1 . - liaMil q I P - • - ' L0142. x•rm SUBJECT AREA • Dr.RsrI. le17'34 t 1 avn ttg.1— ii L MAIE.1,1. • 43`,..,z•trA• 770.36 ; g1,117,„ Lor 9 :I ' :_i ti [2. !...F ... 107%77 — -.. -----, ,11 ..WAV, ., 2,t,:j1.;,5.... LI. .-.1 ir ' A i, ..1,2,.. 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I1 .1L87°3649N Au TNALOIVILTVM1.•11I'.5, • N; I G53.ao. .;.01PAWIrilAVZI1A6tr)giligi oe<'' Lierly Lane I ANDEM LU I 1r4ltr11- allow V SF 4 SF 5 PARK 2.59 AC SF 6 SF 12 SF 11 20 0 20 0 5F7 SF 8 SF 14 SF 10 SF 13 SF 9 '1 Appian Inc. 509 West Spring Street, Suite 225 Fayetteville, All 72701 479.200.7057 Lierly Lane Elements To Be Included Within Park CEC\6190- Park Landscape_to Council 8/11/2010 Page 1 GRADING AND SOIL 1 Grading Labor with Tractor Pesticide Spray Topsoil Haul -in 10.00 I Iota Lump Sum Dump Loads 2 1.00 3 3.00 aggate 5.' -,,i-Ok4a0KAD ).a. ,:.,...,_ ELEMENTS 4 Benches Seccw Goal Frisby Golf Goal 5' gravel path- no steel edging 2.00 Each Each Each LP 5 2.00 6 4.00 7 600.00 Sup;(o1a[r(PLAS RSafNP,1V.ati i,S)_ 8 TREES, SHRUBS, GRASS Frees (I"tot"caliber) Shrubs Watering Seed and Straw Wildflower Meadow 15 Each Each Lump Sum Acre Acre 9 30 10 1 11 0.33 12 0.44 Na.SSb-toial;S3iP$ltBBB S'''''' ,�.<.; ., ,X33 CEC\6190- Park Landscape_to Council 8/11/2010 Page 1 ALDERMAN AGENDA REQUEST FORM FOR: COUNCIL MEETING OF September 07, 2010 FROM: Sarah Lewis ORDINANCE OR RESOLUTION TITLE AND SUBJECT: ADM 10-3649: (Lierly Lane Subdivision Amendment): A resolution to amend Resolution 76-06 for Lierly Lane Subdivision APPROVED FOR AGENDA: A L 1 `i& ouncil Member Sarah Lewis Res lotion Prep ed by: Kit Williams City Attorney Packet Prepared by: Y Yie) Date 23 -zero Date QO4t).1.o o Jeremy P e Date Director of Development Services 08-20-10P01:43 RCVD CEJ THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE wNw.accessfayettevilte.org± CITY COUNCIL AGENDA MEMO To: Mayor Jordan, City Council From: Jeremy Pate, Development Services Director Date: August 19, 2010 Subject: ADM 10-3649 (Lierly Lane Subdivision Amendment) RECOMMENDATION City Council Member Sarah Lewis has sponsored this item to be considered by the City Council. Staff recommends the City Council adopt a resolution amending Resolution 76-06 to permit the owner of certain property within Lierly Lane Subdivision to reduce the amount of duplex units and increase the amount of single family units within the development, and to require the property owner to install improvements within the open space lot for neighborhood enjoyment and use, as described herein. BACKGROUND Lierly Lane Subdivision is located within the city limits, north of Clabber Creek and adjacent to the City's northwest Planning Area boundary. The subdivision was approved in 2005 for development in Washington County, to county standards, with a decentralized community septic system. In 2006 the developers petitioned the City of Fayetteville to permit public sanitary sewer to be extended outside the city limits and into the development, which is not permitted without express approval of the City Council. The City Council voted to approve the request, with several stipulations. Resolution 76-06 (attached) outlines these stipulations, which include requiring the developer to submit for annexation, payment of impact fees, installation of infrastructure, etc. As part of the agreement, the developer secured rights to construct 16 duplex lots and 43 single family lots, for a total of 75 units on 59 lots. The duplexes are considered non -conforming, as they are not permitted within the RSF-4 district unless by conditional use permit. The property was eventually annexed, infrastructure developed, and several of the lots were built upon. DISCUSSION The property being discussed with this request is comprised of lots 40, 50, 31, 32, 52-56 and 62 within Licrly Lane Subdivision, and is under different ownership than the original developer. There are ten lots, all undeveloped: five of these lots are duplex lots, four are single family lots, and Lot 62 is an open space lot containing 3.7 acres, formerly the location planned for the community septic system. The current owner wishes to change the manner in which these lots are developed by changing the duplex lots to single family lots and adding single family lots in a portion of the open space area to make up the difference. Ultimately several more single family lots will be created in the "Subject Area" identified on the maps; however, the density will remain close to the same, as the right to develop duplexes on five of the lots will be removed if the request is approved as proposed. In addition, the property owner proposed to develop the remaining 2 '/ acres as a park for neighborhood use. EMBEEMEREMIE THE CITY OF FAYETTEVILLE, ARKANSAS • Lierly Lane Subdivision is shown on Exhibit A. • Lots 31, 32, 40, 50 and 56 are duplex lots that would be converted to single family Tots (Exhibit B). o Lot 40 (2 units) becomes 1 SF unit o Lot 50 (2 units) becomes 1 SF unit o The remaining lots in the "Subject Area" (lots 31-32, 52-56 and 62) would be reconfigured in a manner to allow for additional single family dwellings and a roughly 2.5 acre developed park. The current permitted number of units within this area is 10 (4 SF and 3 duplex). The proposed number would be 13 single family units. As mentioned before, the net increase overall in this proposal is one dwelling unit, when you reduce the duplex units otherwise permitted in the areas outside the subject area. While the exact layout has not been determined, several options are being considered (Exhibit C). • The remaining portion of Lot 62 would be developed as a neighborhood park, with the owner committing to several amenities (Exhibit D) that will ensure the park meets a measurable standard. The construction of the park is recommended to be completed before the 8°i building permit on the lots in question is issued. Staff recommends approval of the resolution to amend Resolution 76-06, with the following conditions: 1) All ofthe .duplex lots within the lots described in this proposal (Exhibit B) shall be converted to single family lots, and shall not be permitted to be constructed with a duplex. 2) Development of the additional lots shall conform to the Unified Development Code. 3) The park area shall consist of no less than 2.4 acres, and shall be constructed to the measurable standard as identified within the submitted documents (Exhibits C and D). The park shall be completed before the 8°i building permit on the lots in question is issued. 4) Two separate points of public access to the park shall be retained, from Berseis Drive and from Cassius Lane. All documents shall reflect that the park is open for the use and enjoyment of the residents of the Lierly Lane neighborhood. 5) Parks fees shall be paid in accordance with the current fee structure, based upon the type and number of dwelling units constructed, prior to issuance of building permits. BUDGET IMPACT None. RESOLUTION NO. A RESOLUTION TO AMEND RESOLUTION NO. 76-06 TO AMEND THE SITE PLAN TO REPLACE FIVE DUPLEX LOTS WITH SINGLE FAMILY LOTS AND CHANGE THE LOT ONCE DESIGNATED FOR THE DECENTRAILZED COMMUNITY SEPTIC SYSTEM TO SINGLE FAMILY LOTS AND A DEVELOPED PARK OF ABOUT 2.5 ACRES WHEREAS, on April 1, 2006, the Fayetteville City Council approved Resolution No. 76-06 allowing extension of city sewer to Lierly Lane Subdivision which adjoined our city limits and approved an Annexation Agreement with the development; and WHEREAS, the developer complied and annexed this subdivision into the city of Fayetteville and several lots have been developed with houses or duplexes built; and WHEREAS, the new owner of the Lierly Lane Subdivision wishes to change five duplex lots to single family lots and utilize a portion of the unconstructed community septic system lot for additional single family lots and a developed park of about 2.5 acres. 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 amends Resolution No. 76-06 by altering the terms and conditions and site plan approved by that Resolution as follows: (A) The five duplex lots shown on Exhibit B shall be changed to single family lots. (B) The site plan shall be modified to approve the fourteen lots shown on Exhibit C to include the developed park area of about 2.5 acres and thirteen single family lots designed as shown on Exhibit C. (C) All new lots must conform to the Unified Development Code. (D) The park area must be developed as shown on Exhibit C and detailed on Exhibit D and shall be open to the Lierly Lane Subdivision residents before the 8th building permit is issued for lots within Exhibit C. (E) Two separate points of public access to the park shall be established from Berseis Drive and Cassius Lane. (F) Parks fees for residential units that would be assessed at a higher rate because of this amendment must pay such increase prior to receiving a building permit. PASSED and APPROVED this 7tt, day of September, 2010. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT A ..* ..;. ilk tl: , •,,.. , , , i • ' I ' • . r 11 1 I ,.,,5.: 1 ','' :' — 3"1:333.3,s• 3 1 '''' '3-Viii.f3 1 3 ,,=',', 33,3: ;41 i'' 03 A:V. '!; 'i 3.:,,, ,, kr,,,,,Z.—.....—:4 i 3333 .., ; t 3•3-3-- —' '33_ ,,,,,„,, „,,,, , - „,,,, • , ,323`,3„ 33; 3 533-3 1 31,N x1,1 1 '1" '""' •=1 4. 1: „-, ,..„, ,, • -- ..x., ,o. ' '---;-.:74----- - - --•=4,44,4.2.:4- , 'i ' i ,,,,'-•V, -4 1 '• ; - --.7--i'e.---- --: 1, i :,,4, „, .,:. •: ,-- - - .;;;---1 ,.--- 1 ,' g !''.' '''.;-g;, 1) ! .,`.. ''.:,.:•!.-. ,',,,, 1 j :`,,,,,,,,,, t : , : ,,, , N , ; ',,E, '..!_':' .-- , j, 5 4,-,,:!, 1:::1 .: ci ,,..1,:Z1 '' ,,,,h,,,, ,•1` ) j_ '''''''i '''''''''', ,... , •••-,,';',„,',',.`.':' 1.- "''''"A ,,,,,e- : f,•,,..-...,, , 4 :1:11.36'49"4-11 • 1:53 30 — 1/! August 20, 2010 Atm: Jeremy Parc City of Fayetteville 113 West Mountain Street Fayetteville, AR 727(11 Re: Lierly Lane Resolution # 76-06 City Council We request that die City Council amend Resolution 76-06 to allow five duplex lots to be reconfigured as single family lots, and lour of the single family lots surrounding dee open field to be reconfigured to allow for 6. single family lots and a park, as shown in the attached exhibits. We are requesting a net increase of one unit. We request this extra lot in order for construction of dee park to be financially viable. The requested changes will more suitably blend with the surrounding single fancily homes, as the duplex lots would likely become rentals. Again, itis our intent that by reorganizing the lots, the remaining acreage, 2.4 to 2.67 acres, dependent upon the plat, of open space will be more properly designed and maintained as park space, thereby creating an identity within the Lierly Lane subdivision. The owner commits to the listed park improvements attached as an exhibit and to agree upon a time line to install/develop various items that will ensure the park meets 0 measurable set of standards. They include walking paths, trees, shrubs, an open meadow, lawn and seating areas, along with soccer and Frisbee golf goals. We appreciate your consideration in this matter. Respectfully, Evan Niehues Appian, Inc. Suilc July 20, 2010 City of Fayetteville 113 West Mountain Fayetteville, AR 72701 Re: Lierly Lane To whom it may concern, 1 am authorizing Steve Aust and Appian, Inc. to act as my authorizing or signing agent and liaison with the Ciy of Fayetteville, Washington County, or necessary subconsultants through the rezoning and platting process for lots located within Lierly Lane in The City of Fayetteville, Washington Co, AR. Owner Signature Resolution 76-06 & Supporting Documents RESOLUTION NO. 76-06 A RESOLUTION TO ALLOW -EXTENSION OF SEWER SERVICE OUTSIDE THE CITY'S CORPORATE LIMITS ON A 23 ACRE PARCEL ON LIERLY LANE ADJACENT TO THE CITY LIMITS WHEREAS, § 51.113 (c) Sewer connections outside the city states that "the city's sewerage system shall not be extended outside the city's corporate limits except on express approval of the City Council"; and WHEREAS, applicant Blind Squirrel, LLC has requested that the City Council grant its express approval to allow extension of City Sewer mains at the applicant's expense to access its 23 acre parcel south of Lierly Lane and adjacent to the City's corporate limits the legal description to such property being attached hereto as Exhibit A (the "Property"); and WHEREAS, applicant has agreed that as a condition of granting this extension of sewer service, the 23 acre parcel will be developed in accordance with the terms and condition of that certain Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas, a copy which is attached hereto as Exhibit B (the "Contract"); and WHEREAS, the City's sewer service to the Property shall be allowed regardless of whether annexation of the Property into the City is approved or denied by the City Council; and WHEREAS, the applicant has agreed to petition for annexation into the City of Fayetteville in the manner described in the Contract; and WHEREAS, the applicant agrees that any impact fees (now including water, sewer, fire, police, and parks land) including future enacted impact fees if in existence when development occurs shall be paid as if the parcel was within the city limits, and other fees will be paid at the time of final plat approval. The parks fee shall be set at the preliminary plat rate. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section I : That the City Council of the City of Fayetteville, Arkansas hereby approves a resolution to allow extension of sewer service outside the City's corporate limits on a 23 -acre parcel owned by the applicant Blind Squirrel, LLC south of Lierly Lane, adjacent to the City's corporate limits the legal description to such property being attached hereto as Exhibit A (the August 14, 0 Planning Co ANX 06-2183 (Lierly Agenda Page 1 of 28 "Property"), conditional upon the applicant or any successor in interest fully complying with and completing all offered conditions as shown in the Whereas clauses of this Resolution. PASSED and APPROVED this le day of April, 2006. APPROV g : ATTEST: By: DAN COO yo By: ^UX� LTY O• ;FAYLTIEVILLE; SONDRA SMITH, City Clerk August 14, 2006 Planning Commission ANX 06-2183 (Lindy Lane SD) Agenda Item 7 Page 17 of 28 EXHIBIT "A" SURVEY DESCRIPTION OF PROPOSED L1ERLY LANE SUBDIVISION: . PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE. 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT NORTHWEST CORNER OF SAID SW 1/4 OF THE NE1/4; THENCE S02°22'20"W 31.51 FEET TO A FOUND IRON PIN AND THE POINT OF BEGINNING; THENCE S87°33'23'E 85.02 FEET; THENCE NO2°33'29"E 31.70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE S87°38'53"E 308.06 FEET; THENCE S02°23'57"W 1538.07 FEET; THENCE N87°36'49"W 653.30 FEET; THENCE . NO3°05'59"E 220.99 FEET; THENCE NO2°22'20"E 1285:00 FEET TO THE POINT OF BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT. K Clry COUNCIL AGEN°AREQUEStNo00 A;rnda «<a, AmsulAprit l6, 200,A1,..o,G+uiw:oaofa v<aow0 dImaslf.,ly4mcydo-c PlaAugust 14, 2006 ning Commission • ANX 06-2183 (Deily Lane SD) Agenda Item 7 Page 18 of 28 Exuma "B" ANNEXATION AGREEMENT FOR SEWER ON LIERLY LANE FOR TILE CITY OF FAYETTI VILLE, ARKANSAS For the purpose of attempting to obtain approval of a request for a Variance to the City of Fayetteville City Sewer Ordinance (the "Ordinance"), Blind Squirrel, LLC, an Arkansas limited liability company (the "Petitioner') being the current owner and developer of that certain real property and improvements (hereon "located in Washington County, Arkansas and more particularly described on Exhibit A attached hereto (the "Property"), hereby voluntarily enters into, executes and delivers to the City of Fayetteville, Arkansas ("Fayetteville") this Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas (the "Agreement") for the purpose of being legally bound hereto in accordance with its teens and conditions. in exchange for Fayetteville irrevocably granting and conveying to Petitioner, its successors and assigns (collectively, the Owner") a Variance to the Ordinance in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto, the Petitioner expressly grants to Fayetteville the right to enforce any and all of the terms of this Agreement in the Circtut Court of Washington County, Arkansas and agrees that if Owner or Owner's successors or assigns violate any term of this Agreement, substantial irreparable damage justifying injunctive relief will have been done to Fayetteville and its citizens. The Petitioner acknowledges that the Fayetteville City Council will reasonably rely upon all of the teens and conditions within this Agreement in considering whether to approve Petitioner's request for a Variance to the City Sewer Ordinance in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto. Subject to the terms and conditions of this Agreement and specifically provided that no later than April 30, 2006 the Fayetteville City Council approves Petitioner's Variance to the Ordinance in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto, Petitioner hereby covenants and assures Fayetteville that the Owner shall be responsible for the following items and the Property shall be restricted in the following manner: I. All fees and charges will be paid in hill as if the subdivision developed within the Property were within Fayetteville, Arkansas_ With respect to each separate lot within the subdivision located within the Property all of such fees and charges will be paid in accordance with the followingcurrent fee schedules: Impact Fees Fire & Police Fees Parks Fees Building Permits As water meters are set At issuance of Certificate of Occupancy At Time of Annexation As Construction progresses in the regular manner required by Fayetteville_ K.ACRY COUNCILaGCNOM1 REQUESTS -V.6 Age+. fitqvcstslApril18, 2006UtwFuoo roc aws:os ofsaviscout sAy f®+.s(Iisy Laac).doc. August 14, 2000 PI ening Commission ANX 00-2183 (Liedy Lane SD) Agenda Item 7 Page 19 of 28 2. The Property shall be zoned as a modified RSF-4 with de -facto conditional uses allowing 16 duplexes on the lots shown on Exhibit B attached hereto. The development on the Property will consist of 16 duplexes and 43 single-family units. Lot Lines will be adjusted from the current plan to meet City minimums_ 3. Owner will file for annexation within five days of the passage of the resolution. 4. Immediately upon passage of the resolution approving this Agreement and the Fayetteville City Council approving Petitioner's Variance to the Ordinance in such order as permits and provides that the Property shall be consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto, and Owner completing its site work on the Property, Owner shall have all rights and privileges to, and shall be fully authorized to, commence any and all building and residential construction within the subdivision on the Property. All such construction will be to the regular and customary standards of Fayetteville and shall be subject to fair and customary inspection if such is determined, in good faith by Fayetteville, to be necessary and appropriate. 5. Notwithstanding anything contained in this Agreement to the contrary, the issuance and approval of the final plat of the development of the Property shall not be adversely affected, in any manner by, or withheld, delayed or conditioned in any manner whatsoever, as a result of the annexation of the Property into Fayetteville. 6. Petitioner specifically agrees that all such restrictions and terms shall run with the land and bind all future owners unless and until specifically released by Resolution of the Fayetteville City Council. This Agreement shall be filed for record in the Washington County Circuit Clerk's office after Petitioner's Variance is approved and effective in the manner described in this Agreement and, provided such approval and effectiveness is obtained, shall be noted on any Final Plat or Large Scale Development which includes some or all of the Property. 7. This Agreement, and all of its terms and conditions, shall terminate automatically and without any act or deed, if prior to May 1, 2006, the Fayetteville City Council does not approve Petitioner's Variance to the Ordinance -in such order as permits and provides that the Property shall be Consistently tied on to, connected to and have the irrevocable right to use, the Fayetteville sewer system and related services thereto. [Remainder of Page Intentionally Blank; Signatures on Following Page] a.+oncomoLnc,,n,LQursnixmsnemmwy,o,.. ,ars. xaawsobaion for caossioo<rxil.koa1,11 (rsn August 14, 2006 Panning Commission ANX 06-21'83 (I_ierly Lane SD) Agenda Item 7 Page 20 of 28 In Witness Whereof and in agreement with all the telrxts and conditions stated in this Agreement, Blind Squirrel, LLC, as the owner and developer of the Property voluntarily offer all such assurances and signs its name below- BLIND SQUIRREL, LLC • ACKNOWLEDGEMENT STATE OF ARKANSAS )ss. COUNTY OF WASHINGTON d now on this the ? - day of , 2006, appeared before me, ohfl- f /y SC� "� and after being placed upon his/her oath swore or affirmed that he/she agreed with the terms of the Annexation Agreement for Sewer on Lierly Lane for the City of Fayetteville, Arkansas and signed 11i/her name above_ /J Nota'bhie My Commission Expires: "OPFLCIAS-S=, CHRISTX KITCHEN Notary public. State of p,rkunsas County of Washington 2008 My Commie " . 07117 August 14, 2006 K.,CnVCOUNGLAGENUA ac�Qucsmmu,µna, rs<y�a,tna.a ta:msw �i�:,,y,� ,or,a,.;,k;�; Planning Commission ANX 06-2'1 3 (L iedy Lane SD) Agenda Item 7 Page 21 of 28 SURVEY DESCRIPTION OF PROPOSED. LIERLY LANE SUBDIVISION: PART OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND PART OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 17 NORTH, RANGE 30 WEST, WASHINGTON COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A FOUND IRON PIN AT THE NORTHWEST. CORNER OF SAID SW1/4 OF THE NEI/4; THENCE S02°2220"W 31.51 FEET TO A FOUND IRON PIN AND THE POINT OF BEGINNING; THENCE S87°33'23"E 85.02 FEET; THENCE NO2°33'29"E 31.70 FEET; THENCE S87°40'49"E 258.04 FEET; THENCE 587°38'53"E 308.06 FEET; THENCE S02o23'57".W 1538.07 FEET; THENCE N87°36'49"W 653.30 FEET; THENCE NO3°0559"E 220.99 FEET; THENCE NO2°22'20"E 1285.00 FEET TO THE POINT OF BEGINNING, CONTAINING 22.92 ACRES, MORE OR LESS, BEING SUBJECT TO ANY EASEMENTS, COVENANTS OR RESTRICTIONS OF RECORD OR FACT_ August 14, 2006 Planning Commission - ANX 06-2183 (Liedy Lane SD) Agenda Item 7 Page 22 of 28 o ECT � 0 2 § / _ § § G 2 d/ j4).; «\■ , | .%�§ j;§- %%2| 7 ( §\f} k ] z R |, t m2;® 5 � ■ _>/ S. ARKANSAS THE CITY OF FAYE FFEVILLE, ARKANSAS PLANNING DIVISION CORRESPONDENCE SC Meeting of January 10, 2007 125 W. Mountain St. Fayetteville, AR 72701 Telephone: (479) 575-8267 TO: Fayetteville Subdivision Committee FROM: Suzanne Morgan, Current Planner Matt Casey, Assistant City Engineer THRU: Jeremy Pate, Director of Current Plan^nn,g DATE: January 10, 2007 V0o -�g.O1 FPL 06-2395: Final Plat (LIERLY LANE S/D, 205/206): Submitted by N. ARTHUR SCOTT for property located at SW OF TIIE INTERSECTION OF LIERLY LANE AND HUGHMOUNT RD. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 22.92 acres. The request is for the final plat of a residential subdivision with 42 single family lots and 16 two-family lots. Planner: Suzanne Morgan Findings: Proposal. The applicant requests approval of a final plat for Lierly Lane Subdivision. The subject property contains approximately 22.92 acres and is within the RSF-4 zoning district. The property is proposed to be subdivided into a total 62 lots, of which there are 42 new single family lots and 16 new two-family lots. See Table I for a detailed list of the uses of each lot. The number of lots proposed is more than what was approved with the Preliminary Plat, but matches that allowed by Resolution 76-06, a resolution that permitted the extension of sewer to the property when it was in the Planning Area. The addition of lots requires Planning Commission approval, prior to the approval of the final plat. Table I: Lot Uses Use Lot Number(s) Total Lots Single Family (Existing Dwelling) 60 1 Single Family (New Lots) 1-17, 19-21, 24-30, 33-39, 51-55,57-59 42 Duplex 22, 23, 31, 32, 34, 40-50, 56 16 Detention Pond (Drainage Easement) 18 1 Unbuildable Lot (OHE & Easement) 35 1 Unbuildable, but reserved for future development 76 1 62 Total Lots Background: The final plat was tabled at the December 28, 2006 Subdivision Committee for the applicant to make required revisions and to address sanitary sewer access to Lot 54. K:\Repons\2007\SC Reports\01-11-07\PPL 06-2395 (Lilly Lnne)Aoc On July 11, 2005, the Planning Commission approved the development of 57 buildable lots. The developer petitioned the Water and Sewer Committee and the City Council for a connection to the City's municipal sewer system, which was approved, by contract and resolution. The plans reviewed by the City Council represented more lots than what was approved by the Planning Commission, with 42 new single family lots (excluding the existing dwelling) and 16 two-family lots. There were several conditions placed upon the applicant as part of the contract, including petitioning for annexation/rezoning (approved), payment of all impact fees, etc. The City Council also accepted, as part of the resolution to extend sewer, an agreement stipulating that if the property is rezoned, de facto conditional uses allowing each of the duplex lots will be recognized. Additionally, the lots were to be modified to meet the bulk and area regulations for two-family lots within the RSF-4 zoning district at the time of final plat. Planning Staff has recommended the duplex lots be processed as Conditional Use Permit requests, for them to be recognized officially, and not be considered non -conforming uses once they are constructed. Surroundins Zoning and Uses: DIRECTION LAND USE ZONING North Single-family Planning Area South Undeveloped SF (Clabber Creek Ph. 5) RSF-4 East Single-family Planning Area West Single-family Planning Area Water & Sewer: Water and sanitary sewer have been extended to serve this development. However, it appears that Lot 32 does not have legal access to sewer. Either a sewer main needs to be extended or a lot line adjusted to meet this requirement, prior to approval of the final plat. Right-of-way being dedicated: The applicant will be dedicating 39.08' right-of-way from centerline of Lierly Lane, a Collector Street, for a total 70' right-of-way. This change from the Preliminary Plat was made by the developer to create an adequate cross-section containing the 28 -foot wide street while not encroaching into adjacent property to the north. Internal streets are to be platted as Local streets with 28' wide streets within 50' of right-of-way. Park land: Fees are due in the amount of $41,070 for 74 single family units (each duplex counts as two single family units). Fees are due prior to the signing of final plat. Each additional housing unit that is constructed in Fayetteville places an increased demand on the Parks and Recreation System. Trail Comments: Background: The first section of Clabber Creek Trail, located to the south is nearing completion to the south of this project. The City would like to provide a trail connection from Hughmount road and Lierly Lane to the new trail. Request: We request a multi -use trail easement be added on top of the transition line easement as shown along the west boundary of the project. The width of this easement will correspond with the transition easement, but is approximately 50 feet, as shown. The language for the easement will be provided for including on the Final Plat. K:\Rep ruQ007\SC Reports\01-1 I-071rPL 06-2395 (Uerly La,,e).doc Tree Preservation: A Tree Preservation Plan was not required for this subdivision because the development was approved when the property was in the County. Tree preservation/mitigation was not required by the agreement offered by the applicant and accepted by the City Council at the time the City approved the extension of sewer to the property. Recommendation: Staff recommends approval of FPL 06-2394 with the following conditions: Conditions of Approval: 1. 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 concerns in the Owl Creek/I-Iamestring Creek basin, if the improvement is required. Final determination of the contribution shall be made by the City Engineer. 2. Prior to recordation of the final plat, the developer shall pay an assessment of $19,121.60 for a percentage of the future bridge construction over Clabber Creek. The subject property is within the Clabber Creek Bridge Assessment area. A proportionate assessment is required of the developer, based on a methodology that calculates the number of vehicle trips generated by the proposed development. This number has been updated to reflect 42 SF units and 16 2-F units. 3. Staff recommends the addition of a multi -use trail easement atop of the transition line easement as shown along the west boundary of the project. The width of this easement will correspond with the transition easement, but is approximately 50 feet, as shown. The language for the easement will be provided from staff and included on the Final Plat. 4. Any additional development of the property shall require City Council approval and an amendment to Resolution No. 76-06. 5. Lots 57 and 58 shall share an access from Lierly Lane, a Collector Street. Lots 1 and 57 shall access the interior street, as opposed to Lierly Lane. 6. Right-of-way for Leirly Lane to fulfill Master Street Plan requirements shall be dedicated by the final plat. 7. Lot 62 shall be shown on the plat as unbuildable until such time as the City of Fayetteville approves further development of the overall 22.92 -acre tract, pursuant to Resolution 76-06, subject to the attached contract (Exhibit "B"). 8. The applicant shall pay Parks fees in the amount of $4 70or 74 single family units (each duplex counts as two single family units) prio to recordation of the final plat. K:Utepor ,\2007\SC Reports\01- I I-07\FPL 06-2395 (Lierly Lane) doe 9. The two-family dwellings shall be permitted in accordance with City of Fayetteville requirements. However, this use shall be considered non -conforming until such time as the Planning Commission approves a conditional use permit for the individual duplex lot. 10. Lot 18 is a unbuildable lot, reserved for the use of detention and to be owned and maintained by the P.O.A. for the subdivision. 11. Street lights on all interior streets and along Lierly Lane shall be installed or guaranteed with a maximum separation of 300 feet along all streets prior to final plat recordation. 12. Sidewalks shall be installed or guaranteed prior to recordation of the final plat. Sidewalks adjacent to Lierly Lane, Lot 18 and Lot 62 shall be installed, not guaranteed, prior to recordation of the final plat. 13. The applicant shall install future street extension signs at Berseis Drive street stub -outs prior to recordation of the final plat. 14. Subdivision area signage shall be permitted in accordance with applicable city codes. 15. The applicant shall verify if the easement along the western property line is exclusive for Ozark Electric Cooperative Corporation, and, if so, that the designation of the exclusive electric easement as a utility easement and drainage easement is acceptable. If not, the applicant shall make whatever modifications necessary to the plat to satisfy the requirements of the City and affected utility companies. 16. James Smith is listed on the plat as the officer that will sign for Blind Squirrel LLC. He needs to be the one who signs for the owner on the application unless proof can be supplied that Mike McDonald is a part of that LLC. 17. The applicant shall submit for final plat review comments by Planning and Engineering Staff from the City prior to application of signatures. The following comments have been identified to be addressed at this time: a. Clarify the path of the utility easement between lots 55 and 56. b. Please number the Site Specific Notes. Please read through and remove irrelevant notes. (Coordinate with staff) c. The GIS Division shall approve the legal description prior to recordation. Standard Conditions of Approval: 18. 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) 19. Staff approval of final detailed plans, specifications and calculations (where applicable) for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks, K.\Reports\2007\SC Reports\01-11-0TPPL 06-2395 ((ierly [-,),d- 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. 20. All overhead electric lines under 12Kv shall be relocated underground. All proposed utilities shall be located underground. Subdivision Committee Action: •Approved Forwarded to PC Tabled Motion: Trunnbo Second: Vote: 'j -p .O Date: January 11, 2007 The "CONDITIONS OF APPROVAL", stated in this report, are accepted in total without exception by the entity requesting approval of t►ris development item. By Date K'.\Reporu\2007\SC Repor 5Ol-1 I-O7WPL 06-239.5 (IJerly tzoe).doc THE CITY OF FAYE'ITEVILLE, ARKANSAS TO: Mayor Dan Coody Fayetteville City Council THROUGH: Gary Dumas, Operations Director FROM: Tim Conklin, Planning and Development Management Director DATE: March 31, 2006 SUBJECT: A Resolution To Allow Extension Of Sewer Service Outside The City's Corporate Limits On A 23 -Acre Parcel On Lierly Lane Adjacent To The City Limits RECOMMENDATION Staff recommends approval of the request to allow extension ofsewer sewer service outside the City's corporate limits on a 23 -acre parcel known as Lierly Lane Subdivision located on Lierly Lane, adjacent to the city limits subject to the annexation agreement marked as Exhibit "B". The Fayetteville Sewer Committee recommended this extension by a vote of3-I. BACKGROUND The Fayetteville Planning Commission approved a preliminary plat for Lierly Lane Subdivision (59 lots) on July l 1, 2005 within the Fayetteville Planning Area and adjacent to the City limits. At the time of plat approval, the applicant had proposed and designed a decentralized sewer system to serve the 59 -lot development. At the time of platting, the staff report indicated single family homes to be built within the development. The applicant has agreed to annex, pay impact fees, and develop in accordance with all City Unified Development ordinance requirements based on the development being in the City. Tlne development is at a construction stage that requires the applicant to move forward with a decentralized sewer system or sewer prior to annexation. The applicant is requesting zoning and conditional use approval, if annexed by City Council, to allow 16 lots be developed with duplexes and 43 lots be developed with single family homes. §51.113 (c) of the Fayetteville Code of Ordinances states sewer connections shall not be extended outside the city's corporate limits except on express approval of the City Council. The applicant, Blind Squirrel, LLC, has requested City Council grant its express approval to allow extension of sewer outside the City at the applicant's expense to access its development prior to annexation. The agreement requires the owner to file for annexation within five days if the resolution is passed by City Council. In the event the annexation fails, this resolution will still allow the right for this development to connect to City sewer. BUDGET IMPACT The applicant has agreed to pay for all associated infrastructure cost, impact fees, and meet all city development requirements. This project will provide additional park fees and police, fire, and sewer impact fees. City Council Meeting Minutes April I8, 2006 Page 300(34 Lierly Lane Sewer Service Extension: A resolution to allow extension of sewer service outside the•City's corporate limits on a 23 acre parcel on Lierly Lane adjacent to the city limits. Tim Conklin: This item did go to the Water and Sewer Committee. The developer is at a point in the subdivision construction process that a decision needs to be made whether or not a de- centralized sewer system will be installed or will the City allow sewer to be extended outside the city limits. The applicant has provided to you additional information, a letter from the State Health Department that encourages when available to tie onto city sewer, a site plan that shows which lots will have single family and which lots will have duplex Iota and there is also a letter addressed to our Water and Sewer Wastewater Director regarding their request to tie onto the city sewer system. They have provided an annexation agreement and have agreed to pay all impact fees. They have agreed to apply for annexation within five days if this resolution is passed this evening. If you allow them to tie onto the sewer the agreement is that it is not contingent on the zoning issue, they would still be allowed to tie onto the sewer if the annexation does not pass. They are adjacent to the City limits to the south of the Clabber Creek Subdivision. Alderman Jordan: I did not support this the first time it came to the Water and Sewer Committee simply because I was concerned about the capacity of the sewer. When they applied again there were some conditions that we agreed on. Alderman Thiel: They are expecting us to zone this to the standards they have put before us. We don't have to do that right? Tim Conklin: That is correct you do not have to do that. Alderman Thiel: Why don't they come to us with an annexation and a zoning request? Applicant: We came to the Water and Sewer Committee eight to nine months ago and explored the option of tying on to city sewer. At that time it was not approved. We knew there was concern about the annexation policy and we believed that it was unlikely that we would be annexed. When we received our approval from the State Board of Health they also had a letter that recommended that the City of Fayetteville tie us on, with that we reapplied. We have agreed to pay all the fees; in addition to that we will pay to connect the sewer to the existing sewer in Clabber Creek. We think this is a win win for the City of Fayetteville, One concern the neighbors had was the decentralized system. Alderman Jordan moved to approve the resolution. Alderman Ferrell seconded the motion. Upon roll call the resolution passed 5-2. Alderman Ferrell, Lucas, Jordan and Marr voting yes. Alderman Thiel and Cook voting no. Mayor Coody voted yes to pass the resolution. Alderman Rhoads and Reynolds were absent. Resolution No. 76-06 as Recorded in the Office of the City Clerk. 113 West Mountain 72701 (479) 521-7700 (479) 575-8257 (Fax) accessfayette v i l le.o rg PPL05-1433 LIERLY LANE Close U View V V z � ❑ I a � — — r r 1ERLY LN Li r it T r Ll t1 trl r t�-tcs}-Y _i - sif`. -l. ar hhkfifck ik•; ! i Fhtl _ + #*j P�,qt 3�}srpfis '� fit r rr ii yktf SUBJECT PROPERTY J� r tf 11 ;�+ I• Lt } it r � r Overview r Legend PPLO5-1433 °°°° OvedayDistncl ^---- Principal Arterial — FLOODWAY J 500 YEAR S.i Master Street Plan Minor Arterial -- 100 YEAR --- LIMIT OF STUDY �•„_� � Master Street Plan — — Collector Freeway/Expressway i..0 Historic Collector] Basetine Profile Fayetteville I — _-1 Outside City 0 100 200 400 600 800 Feet PPL05-1433 One Mile View LIERLY LANE I I 1 p � a I I I - a 0 z 1 1 o z u o H _-------� —,r IPA = w `" > OWARD NICKELL RC 1 < c 3 a � MARES OR � 1 SALEM RD fALE RSA EM RD 3e LUBJECT PROPERTY I o ^rALEr�RD � w x1 WEIR RD = WEIR RDI ui 1� .q 1 1 '< I / WEIR RD WEIR RD RSF-4 40 f E E F5 vF?+R�n'�i /p 7 RD r r RSF4 w � � o RSF-4 p , . .�t4 w RSF-4 N it + i IH RY57AL DR • C z V O �7 w RSF-4 1ti l0 llflllffllfffl 1¢ A IlifllMi p� ? 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