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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