HomeMy WebLinkAbout183-12 RESOLUTIONRESOLUTION NO. 183-12
A RESOLUTION TO APPROVE THE CONTRACT WITH HUGHMOUNT
VILLAGE DEVELOPERS TO ALLOW THE EXTENSION OF THE CITY'S
SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO THE PROPOSED
HUGHMOUNT VILLAGE DEVELOPMENT
WHEREAS, §51.113 Sewer Service and Extension Policy states that "the city's
sewerage system shall not be extended outside the city's corporate limits except on the express
approval of the City Council," and;
WHEREAS, the City Council does not wish to grant the owners/developers of
Hughmount Village which is slightly outside the city limits any advantage over
owners/developers who will build and develop property within the City of Fayetteville; and
WHEREAS, only if the owners/developers of Hughmount Village will contractually
agree to develop its property pursuant to all development criteria required of persons who
develop within the City of Fayetteville {including preliminary and final plat process, approval
and payment of appropriate fees, building permit fees, all impact fees (fire, police, water, sewer,
parkland), tree preservation requirements, drainage requirements, infrastructure improvement
and dedication to the City of Fayetteville, etc.} will the City permit the owners/developers of
Hughmount Village to utilize the City of Fayetteville sewerage system and its wastewater
collection and treatment facilities; and
WHEREAS, because by signing the contract (attached as Exhibit A) the
owners/developers of Hughmount Village have agreed to all such terms stated above, the City
Council approves the extension of city sewerage system to Hughmount Village by allowing its
developers to construct the necessary sewer mains from the appropriate city sewer main to its
property and approves the Contract.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the Contract to Allow Access to the City of Fayetteville Sewerage System, authorizes Mayor
Jordan to sign such contract, and agrees to allow the developers of Hughmount Village access to
the City's sewerage system and wastewater treatment facilities pursuant to the Contract.
Attached as Exhibit B is the legal description for Hughmount Village Development for which
access to the City's wastewater treatment facilities is being granted.
PASSED and APPROVED this 4th day of September, 2012.
APPROVED:
ATTEST:
Page 2
Resolution No. 183-12
By: .�1�.���� By:
LON LD .i f ' D , Mayor
SONDRA E. SMITH, City Clerk/Treasurer
NON
G1�Y�fi•G''•
fc.-1;;IFAYETTEVILLErf";1.17:'
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ave. eT Departmental Correspondence
ARKANSAS
www.accessfayetteville.org
LEGAII
DEPARTMENT
TO: Mayor Jordan
City Council
FROM: Kit Williams, City Attorne&
DATE: September 4, 2012
RE: Contract to allow access to City of Fayetteville Sewerage System
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
Attached please find a copy of the signed Contract. This contract would
require the developer/owner of the proposed Hughmount Village to develop and
pay the appropriate fees as any developer would if building within Fayetteville.
The developer desires to dedicate his proposed linear park (with a trail) to
meet his parkland dedication requirement. Pursuant to the U.D.C. as long as the
proffered land "is suitable for park purposes, the proposed dedication shall be
accepted." §166.04 (B) (3) (1) (ii) d. The developer will be required to plant trees
and build a trail to city standards running through his dedicated lots and provide
easement access if a trail is extended from the Clabber Creek trail. All
maintenance of the parkland shall be the property owners association's
responsibility until and unless Hughmount Village is annexed into Fayetteville.
EXHIBIT "A"
CONTRACT TO ALLOW ACCESS
TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM
WHEREAS, the developers/owners of Hughmount Village, whose project is close to, but
outside the Fayetteville city limits, desire to be allowed to connect to and use the City of
Fayetteville sewerage system's wastewater facilities for their proposed residential development;
and
WHEREAS, the City of Fayetteville does not wish to grant owners/developers of
Hughmount Village (or any similarly situated development) any advantage over
owners/developers who will build and develop property within the City of Fayetteville; and
WHEREAS, the City of Fayetteville is willing to allow developers/owners of
Hughmount Village to connect to and utilize the City's wastewater treatment facilities only upon
the developers/owners' express agreement to develop their residential project pursuant to all City
of Fayetteville requirements for inside the city residential projects including:
(1) All street frontage, density, lot area requirements, etc. as if their
property was zoned Residential Single Family, four units per
acre.
(2) Apply for and successfully complete the full preliminary
plat/final plat process including payment of all appropriate fees.
(3)
Comply with all grading, stormwater, tree preservation and
other development requirements as if this development was occurring
within the City of Fayetteville.
(4) Pay for all normal permits and application fees at the normal time
including preliminary/final plat, building fees for each structure, and
water, sewer, police, and fire impact fees.
(5) To satisfy normal parkland dedication requirements, dedicate to the City
of Fayetteville upon plat approval Common Property Lots 4, 5, 6, 7 & 8
(3.86 acres) as parkland; and upon or prior to the sale of 30% of the
building lots, plant trees basically as shown the plat and construct trails
over such lots to City of Fayetteville standards basically as shown on
Exhibit 1 (proposed plat of Hughmount Village). Dedicate a trail
easement sufficient to connect from the trail at the crosswalk of
Cottonwillow Drive to the southern border of the property to meet a
possible trail extension from the south from the Clabber Creek Trail. This
trail and parkland shall remain the developer's or Property Owners
Association's duty to maintain in good condition (which duty shall be in
an irrevocable restrictive covenant in each property's deed until and unless
this entire parcel has been annexed into the City of Fayetteville).
(6) Construct all infrastructure; streets, sidewalks, water and sewer mains to
City of Fayetteville standards and dedicate to the City of Fayetteville
(streets may be jointly dedicated to City and County). HUGHMOUNT
VILLAGE OWNERS/DEVELOPERS in consideration of being allowed
to utilize the City of Fayetteville sewerage system and wastewater
facilities for their proposed development do hereby agree to all terms and
conditions stated above and promise to develop their property in full
compliance with all requirements of the Unified Development Code as if
their development was inside the city limits and zoned RSF-4.
Further developers/owners of Hughmount Village pledge and promise to seek immediate
annexation into the City of Fayetteville as soon as it becomes legally possible and to place this
requirement within the covenants and deeds for each property within its development.
In agreement with all the terms, conditions, pledges and promises above, the City of
Fayetteville and the owners/developers of Hughmount Village sign below.
HUGHMOUNT VILLAGE
CITY OF FAYETTEVILLE,
DEVELOPERS/OWNERS • RKANSAS
Phil Phillips
Title: (..\.0
Witne
Name:
Date Signed: �,�h�+y- i)2-,Di
By
ioneld Jor+ . , ayor
L�
Attest:
By: PMANIA44,
Sondra E. Smith, City Clerk
Date Signed: 1 -t7 -a.,
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HUGHMO UNT VILLAGE
WASIIINGTON COUNTY, AR
VICINITY MAP
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EDA
EXHIBIT "B"
CONTRACT TO ALLOW ACCESS
TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM
PROPERTY DESCRIPTION
HUGHMOUNT VILLAGE:
A PART OF THE W1/2 OF THE S W 1 /4 OF THE NW1/4 AND A PART OF THE NW1/4 OF
THE SW1/4 OF SECTION 31, T -17-N, R -30-W, WASHINGTON COUNTY, ARKANSAS,
BEING MORE PARTICULARLY DESCRIBED AS BEGINNING AT THE NW CORNER OF
THE NW1/4 OF THE SW 1/4 OF SECTION 31, T -17-N, R -30-W, THENCE NORTH 2°25'58"
EAST - 36.66 FEET; THENCE SOUTH 87°23'20" EAST - 121.15 FEET; THENCE SOUTH
74°02'10" EAST - 51.39 FEET; THENCE SOUTH 87°23'20" EAST - 299.42 FEET; THENCE
SOUTH 55°51'10" EAST - 58.66 FEET; THENCE 87°23'20" EAST - 138.58 FEET; THENCE
SOUTH 02°33'40" WEST - 7.10 FEET; THENCE SOUTH 87°34'04" EAST - 659.86 FEET TO
A POINT ON HUGHMOUNT ROAD, THENCE ALONG SAID ROAD SOUTH 02°54'04"
WEST - 1308.53 FEET; THENCE CONTINUING ALONG ROAD SOUTH 2°36'40" WEST -
537.12 FEET; THENCE LEAVE HUGHMOUNT ROAD NORTH 87°18'47" WEST - 1317.23
FEET; THENCE NORTH 02°45'51" EAST - 537.22 FEET TO A FOUND IRON PIN
LOCATED AT THE NW CORNER OF THE SW 1/4 OF THE SW V4 SECTION 31, T -17-N, R-
30 -W; THENCE LEAVING SAID CORNER NORTH 02°45'51" WEST - 1317.63 FEET TO
THE POINT OF BEGINNING, CONTAINING 56.23 ACRES, MORE OR LESS.
AGENDA REQUEST
FOR: COUNCIL MEETING OF AUGUST 21, 2012
FROM:
ALDERMAN ADELLA GRAY
ORDINANCE OR RESOLUTION TITLE AND SUBJECT:
A Resolution To Approve The Extension Of The City's Sewerage System Beyond The
City Limits To The Proposed Hughmount Village Development
APPROVED FOR AGENDA:
''Adella _ a} ;Alderman Date
/-___________,-,.S- z - -ze.) / Z
Date
City Attorney
(as to form)
fiku
FAYETTEVILLE CODE OF ORDINANCES
TITLE V PUBLIC WORKS
$70.00 per living unit for other water service
point.
(6) In the event a property owner requests that
water service not be provided after a water
connection is made and the extension fee and
tap fee prescribed by subsection (E)(5) above
are paid, said property owner shall pay a dry -
tap charge of $6.00 per month for each month
after October 1, 1976 until such time as water
service is activated.
(7) A house number must be permanently
displayed in a manner clearly visible from a
street before service calls will be made by the
city. in the event a service call is made and
the house number is not displayed in the
above manner, the property owner shall be
assessed a fee of $5.00.
(Code 1965, §21-16; Ord. No. 1761, 9-9-70; Ord. No. 1964,
12-4-73; Ord. No. 2233, 6-1-76; Ord. No. 2896, 2-15-83; Code
1991, §51.112)
51.113 Sewer Service And Extension
Policy
The policies of the city concerning and regarding the
sewer system, shall be as follows:
(A) (1) It shall be the policy of the city to maintain and
operate a municipal sewer system capable of
collecting waste water from the city's sewer
customers and treating such water for
disposal into natural water courses.
(2) To sustain and expand the municipal sewer
system the city shall assume the expense of
treating the waste water together with the
operation and maintenance of the collection
lines and appurtenances.
(3)
Construction of major collection lines shall be
made in accordance with sewer system
improvement and expansion programs and
plans adopted by the City Council to better
serve existing customers and to make the
sewer system available to new customers and
land development. Priorities for such
improvement and extension ` shall be
established by the City Council on the basis of
need and the city's financial ability.
(B) Extensions to and within subdivisions. The cost of
extending sewer lines from existing mains to
subdivisions and other land developments and the
cost of constructing sewerage facilities within
subdivisions as prescribed in subdivision
regulations and according to specifications and
CD51:33
location prescribed by the water and wastewater
director shall be the financial responsibility of the
developer; however, the city shall pay the excess
material cost of facilities of a size larger than
required to serve subdivisions when such excess
size is specified and required by the water and
wastewater director for the general benefit of the
sewerage system. All sewer facilities financed by
the developer shall become the property of the
city after inspection and acceptance by the water
and wastewater director.
(C) Sewer extensions outside the city. Except for
facilities needed to serve property within the city's
limits, such as major transmission lines and
pump stations to deliver sewage to disposal sites,
and except through contractual arrangements
with other municipal corporations, the city's
sewerage system shall not be extended outside
the city's corporate limits except on the express
approval of the City Council.
(Code 1965, §21-17; Ord. No. 1762, 9-9-70; Ord, No. 2896,
2-15-83; Code 1991, §51.113)
51.114 Water, Sewer Tap Connection
Fees
(A) All service connections made on city owned
water and sewer mains shall be made by the
Water and Sewer Division. Such connections
shall be made upon payment to the city of the
following fees:
Fee Description
INSIDE CITY
OUTSIDE CITY
5/8" Water
$ 425.00
$ 475 00
5/8" Double
Water
475.00
525.00
1" Water .
525.00
575.00
2" Water
1200.00
1250.00
4" Sewer
425.00
6" Sewer
625.00
-----
City Street Cut
575.00
575.00
City Street Bore
225.00
225.00
State Hwy
Permit
125.00
125.00
State Hwy Bore
425.00
425.00
State Hwy Cut
1225.00
1225.00
(7/30/2012) Kit Williams - FW: Hughmount Village Seite 1
From: "Adella Gray" <adellag@cox.net>
To: "'Kit Williams"'<kwilliams@ci.fayetteville.ar.us>
Date: 7/29/2012 6:45 PM
Subject: FW: Hughmount Village
Kit,
I'd like to bring this to the Council. Could you please draw up the
ordinance for me?
Thanks,
Adella
From: Phil Phillips [mailto:phil@aadvan.com]
Sent: Monday, July 23, 2012 9:35 AM
To: adellag@cox.net
Subject: Hughmount Village
Mrs. Adela Gray
Alderman Ward 1, Position 1
City of Fayetteville, AR
Dear Mrs. Gray,
I wanted to thank you for giving of your time to go look first hand at the
possibilities at Hughmount Village.
I understand that decisions like this are hard on everyone and I trust that
whatever you and the other members of the
Council decide will be the right decision for Fayetteville and the future of
the West side of town.
I would like to ask that you please recommend our request to be placed on
the City Council Agenda for August 21, 2012,
So that we can present our request for connection to the city sewer for
Hughmount Village Sub -division to the full Council.
Respectfully,
Phil Phillips Jr
479-717-2912 office
479-957-5420 cell
phil@aadvan.com
ieville
•
cepa rtmenta Correspondence
ARKANSAS
www.accessfayetteville.org
LEGAL
DEPARTMENT
TO: Mayor Jordan
City Council
Sondra Smith, City Clerk
CC: David Jurgens, Utilities Director
Jeremy Pate, Development Services Director
FROM: Kit Williams, City Attorney
DATE: August 28, 2012
Kit Williams
City Attorney
Jason B. Kelley
Assistant City Attorney
RE: Allowing access to sewerage system to a developer of property near,
but outside the city limits
After I drafted the initial "bare bones" Resolution to permit the extension of our
sewerage system to Hughmount Village Development for Alderman Gray, I researched
the few previous times the City Council has allowed such extension of the sewerage
system to out-of-town developers. It appears that the recent extension of service required
the developers to pay all fees and develop their property as if they were developing
within the City to ensure that we would not actually be favoring out-of-town developers
over developers/owners of property within Fayetteville. If out-of-town developers could
avoid all of the development requirements like tree preservation, drainage controls,
impact fees, the preliminary plat process, building permit fees, etc. while still accessing
the City's sewerage system, we would be giving such developers a financial incentive to
build their subdivision out-of-town on the borders of our city.
Not only would this encourage sprawl, it would put our in -town property owners
at a large financial disadvantage. Thus, I redrafted the proposed Resolution and drafted a
proposed Contract To Allow Access To The City Of Fayetteville Sewerage System that
would "level the playing field" for in -town and out-of-town developers. I recommend
you replace my first "bare bones" Resolution with this detailed Resolution that only
allows the developers to receive access to our sewerage system if they agree to be treated
like in -town developers.
I have attached Resolution No. 76-06 of April 18, 2006, and its agreement for your
reference as to how we have extended sewerage services in the past for an agreement to
have the out-of-town development treated as if it were being developed within the City.
RESOLUTION NO.
A RESOLUTION TO APPROVE THE CONTRACT WITH HUGHMOUNT
VILLAGE DEVELOPERS TO ALLOW THE EXTENSION OF THE CITY'S
SEWERAGE SYSTEM BEYOND THE CITY LIMITS TO THE PROPOSED
HUGHMOUNT VILLAGE DEVELOPMENT
WHEREAS, §51.113 Sewer Service and Extension Policy states that "the city's
sewerage system shall not be extended outside the city's corporate limits except on the express
approval of the City Council," and;
WHEREAS, the City Council does not wish to grant the owners/developers of
Hughmount Village which is slightly outside the city limits any advantage over
owners/developers who will build and develop property within the City of Fayetteville; and
WHEREAS, only if the owners/developers of Hughmount Village will contractually
agree to develop its property pursuant to all development criteria required of persons who
develop within the City of Fayetteville {including preliminary and final plat process, approval
and payment of appropriate fees, building permit fees, all impact fees (fire, police, water, sewer,
parkland), tree preservation requirements, drainage requirements, infrastructure improvement
and dedication to the City of Fayetteville, etc.} will the City permit the owners/developers of
Hughmount Village to utilize the City of Fayetteville sewerage system and its wastewater
collection and treatment facilities; and
WHEREAS, because by signing the contract (attached as Exhibit A) the
owners/developers of Hughmount Village have agreed to all such terms stated above, the City
Council approves the extension of city sewerage system to Hughmount Village by allowing its
developers to construct the necessary sewer mains from the appropriate city sewer main to its
property and approves the Contract.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves
the Contract to Allow Access to the City of Fayetteville Sewerage System, authorizes Mayor
Jordan to sign such contract, and agrees to allow the developers of Hughmount Village access to
the City's sewerage system and wastewater treatment facilities pursuant to the Contract.
Attached as Exhibit B is the legal description for Hughmount Village Development for which
access to the City's wastewater treatment facilities is being granted.
PASSED and APPROVED this 21st day of August, 2012.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
EXHIBIT "A"
CONTRACT TO ALLOW ACCESS
TO CITY OF FAYETTEVILLE SEWERAGE SYSTEM
WHEREAS, the developers/owners of Hughmount Village, whose project
is close to, but outside the Fayetteville city limits, desire to be allowed to connect
to and use the City of Fayetteville sewerage system's wastewater facilities for their
proposed residential development; and
WHEREAS, the City of Fayetteville does not wish to grant
owners/developers of Hughmount Village (or any similarly situated development)
any advantage over owners/developers who will build and develop property within
the City of Fayetteville; and
WHEREAS, the City of Fayetteville is willing to allow developers/owners
of Hughmount Village to connect to and utilize the City's wastewater treatment
facilities only upon the developers/owners' express agreement to develop their
residential project pursuant to all City of Fayetteville requirements for inside the
city residential projects including:
(1) All street frontage, density, lot area requirements, etc. as if their
property was zoned Residential Single Family, four units per acre.
(2) Apply for and successfully complete the full preliminary plat/final
plat process including payment of all appropriate fees.
(3) Comply with all grading, stormwater, tree preservation and other
development requirements as if this development was occurring
within the City of Fayetteville.
(4) Pay for all normal permits and application fees at the normal time
including preliminary/final plat, building fees for each structure,
impact fees (water, sewer, police, fire, parkland).
(5) Construct all infrastructure; streets, sidewalks, water and sewer
mains to City of Fayetteville standards and dedicate to the City of
Fayetteville (streets may be jointly dedicated to City and County).
HUGHMOUNT VILLAGE OWNERS/DEVELOPERS in consideration of
being allowed to utilize the City of Fayetteville sewerage system and wastewater
facilities for their proposed development do hereby agree to all terms and
conditions stated above and promise to develop their property in full compliance
with all requirements of the Unified Development Code as if their development
was inside the city limits and zoned RSF-4.
Further developers/owners of Hughmount Village pledge and promise to
seek immediate annexation into the City of Fayetteville as soon as it becomes
legally possible and to place this requirement within the covenants and deeds for
each property within its development.
In agreement with all the terms, conditions, pledges and promises above, the
City of Fayetteville and the owners/developers of Hughmount Village sign below.
HUGHMOUNT VILLAGE CITY OF FAYETTEVILLE,
DEVELOPERS/OWNERS ARKANSAS
By: By:
Phil Phillips Lioneld Jordan, Mayor
Title:
Attest:
Witness: By:
Name:
Date Signed: Date Signed:
Sondra E. Smith, City Clerk
TaTiliTeJev1nSe
ARiCANyA
THE CITY OF FAYETTEVILLE, 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 of sewer service outside the
City's corporate limits on a 23 -acre parcel known as Lierly Lane Subdivision located on
Licrly Lane, adjacent to the city limits subject to the annexation agreement marked as
Exhibit "13". The Fayetteville Sewer Committee recommended this extension by a vote
of 3-1.
BACKGROUND
The Fayetteville Planning Commission approved a preliminary plat for Lierly Lane
Subdivision (59 Lots) on July 11, 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. The 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.
§5] .I 13 (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 lbr 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.
Ale/
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 1: 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
•
"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 18th day of April, 2006.
APPROV
By:
DAN COO 1 , ayor
ATTEST:
By:
SONDRA SMITH, City Clerk
EXHIBIT "A"
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 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
3130 FEET; THENCE 587°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 65330 FEET; THENCE
NO3°05159"E 220.99 FEET; THENCE NO2°22120"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.
I: CWY COUNCIL AGEYDA REQUESIS12006 Agenda Requests%Apr8 18.20061Resolution for extension of savioe outside city limas (LicrlyLme).doe 3
EXIIIBIT "B"
ANNEXATION AGREEMENT FOR SEWER ON
LIERLY LANE FOR THE CITY OF FAYETTEVILLE, 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 thereon 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 terms 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 Circuit 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 terms 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:
1. All fees and charges will be paid in full 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 following current -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:1CITY COUNCIL AGENDA REQUESiS12006 Agenda Requms\Apcil 18, 2006\Resol t ion for ara.sion of service outside city limits (Lierly Lane), doe
4
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 -13 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 mariner 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 onany Final Plat or Large Scale Development which includes some or all of the Property.
7. This Agreement, and all of its tern -is 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]
K:1CI TY COUNCIL AGENDA REQUESTS12006 Agenda Ra inms\Apnl I8.20061Resolul ion for oncosion of service outside city limas (Liely Lme).doc
5
In Witness Whereof and in agreement with all the terms 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
By:
ACKNOWLEDGEMENT
STATE OF ARKANSAS )
) ss.
COUNTY OF WASHINGTON )
And now on this the. 30— day of lir -C , 2006, appeared before me,
///. SG ‘0,,,,-.75/ 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-hi/her name above.
My Commission Expires:
,2 0 0?
Notary Public
"OFFICIAL SEAL"
CHRISTY L. KITCHEN
Notes pubiic, State of Arkansas
County of Washington
My Commission Ex
ICICITY COUNCIL AGENDA RE QUESTS12 006 Agar& RcgornsNApril 18, 2006111csolution for ona s on of service *inside city limes (Liaty Lonc)-doc 6
Sondra Smith - Hughmount Village
From:
To:
Date:
Subject:
CC:
Attachments:
"Kim Hesse"
8/29/2012 3:19 PM
Hughmount Village
Page 1 of 1
Sondra — Attached is a vicinity map for Hughmount Village and a copy of the plat approved by Washington
County's Planning Board in relation to a Conditional Use Permit. I also attached a packet I provided to the Sewer
Committee when we first requested the committee consider allowing Hughmount Village to connect to the
City's sewer system. If you need anything in addition to these documents, let me know and I will get you
whatever you need.
Thanks
Kim J. Hesse, RLA
Engineering Design Associates, PA
479-756-1266 office
479-790-9705 mobile
www.eda-pa.com
file://C:\Documents and Settings\ssmith.000\Local Settings\Temp\XPgrpwise\503E3309F... 8/29/2012
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HUGHMOUNT VILLAGE
WASHINGTON COUNTY. AR
VICINITY MAP
01002 10160101011)7 0112.151. 110
ENGINEER/SURVEYOR ENGINEERING DEICN ASSOCIATE. PA
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ENGINEERING DESIGN ASSOCIATES, P.A.
1 34 WEST EMMA AVENUE
SPRINI:3DALE, ARKANSAS 72764
479-756-1266
FAX: 479-756-2129
June 7, 2012
Dr. Sarah Lewis, Ward 4
Fayetteville City Council
Fayetteville Sewer Committee
113 West Mountain
Fayetteville, AR 72701
RE: Public Sewer Connection Request
Hughmount Village Subdivision
Dr. Lewis:
Mr. Phil Phillips, managing partner for Hughmount Village LLC, respectfully requests approval to
connect to Fayetteville's public sewer system. The affected development, Hughmount Village, is a 132 lot
residential subdivision located on Hughmount Road approximately 650 linear feet from the city limit line
near Mount Comfort Road. The subdivision, which was originally approved for construction in 2005, was
designed with a self-contained sewer treatment system; a Submerged Fixed -Film Moving Bed Biological
Reactor (MBBR) with drip dispersal. Due to the project's close proximity to the city's system, the
maintenance required for a self-contained system, and the realization that the city limits will eventually
expand to encompass this development and consequently tie the development onto the city sewer system
in the future, Hughmount Village LLC is submitting this request.
We understand that the city administration and council are fundamentally opposed to allowing
developments outside of the jurisdictional boundary from utilizing city facilities. Reducing impact to city
funded facilities and curtailing dense development beyond city limits are among valid reasons for such
opposition. We do feel, however, that Hughmount Village is an exception to most developments
requesting similar access to facilities. The majority of this development has been constructed including
the water system which will be dedicated to the City of Fayetteville, the sanitary sewer collection system,
the subsurface drainage system, and all of the interior curbed streets. Due to the large investment that has
already been expended into the development, there is great potential that this development will be
completed regardless of how sanitary sewer will be treated.
Concern by residents and city officials that home owners outside of the city should not consume the
capacity of the city's sewer system is reasonable. The southern boundary of Hughmount Village is
approximately 580 linear feet from an existing 48" gravity line located just north of Mount Comfort
Road. Based on the location of this development in relation to limits of the city, the design of the West
Side Treatment Facility encompassed this development in the overall capacity of the system. The 132
residential lots designed within Hughmount Village will add approximately 39,600 gallons of average
flow per 24 hour period in relation to the 10 million gallon per day the plant was designed to treat.
As developer of the subdivision, Mr. Phillips will be responsible for the operations and maintenance of
the on-site treatment system and is prepared to fund such maintenance. Mr. Phillips is aware that these
types of systems are not cost effective until a certain number of households are connected. A substantial
amount of funding is needed to install the treatment and dispersal system. Based on Washington County's
ordinance concerning these systems, once a development is annexed into the City of Fayetteville, the city
can require connection to the public sewer resulting in an inevitable loss in investment of the self-
contained system.
The previous partners that developed this subdivision originally requested annexation which was denied
due to lack of support by neighbors. Although many neighboring property owners have expressed their
desire to remain in the County, Mr. Phillips is willing to annex into the city as soon as possible.
Hughmount Village LLC is currently preparing to begin the preliminary plat process since their original
approvals have expired. All current development codes will be followed and Mr. Phillips is more than
willing to pay all fees related to hooking onto the city's sewer system. All construction to date has met
City of Fayetteville specifications and the sewer collection system that already exists in the development
has been inspected and tested per City requirements.
In conclusion, we hope to gain the support of the Sewer Committee to connect to the City's system and
wish to be placed on the City Council's agenda to make such a request. Please feel free to contact us if
you need additional information.
Respcctfu
Kim se, RLA
Proj Manager
Attachments:
Vicinity Map
Hughmount Village Plat
Proximity Map to City Limits and Existing 48" line.
Summary of flow rate calculations
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OWNER HUGHMOUNT VILLAGE, LW.
PROJECT SUMMARY
TOTAL ACRES 56.23 ACRES
TOTAL LOTS 132 LOTS
DENSITY PER ACRE — 2.34 LOTS PER ACRE
TOTAL GREENSPACE 17.16 ACRES
COMMON PROPERTIES — 4.92 ACRES
7b be maintained by Property Owners Association
CREEK/TREATMENT AREA 12.24 ACRES
Sewer to be Maintained by Claes 2 Wastewater Oysrator
System to be Managed by Hughmvunt Village ryyi+��'
DRAINAGE OVERVIEW
AU stormwater to be carried within the streets and in
underground pipes. Lots to be graded to drain to stmt.
Drainage pipes flow to existing creek, erosion control
improvements to the creek will be proposed during plot review.
— - - — SubdhteIon
Boundary
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Cottage Lots
Street Access Lot
Green Spode Lot
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