HomeMy WebLinkAbout85-15 RESOLUTIONRESOLUTION NO. 85-15
A RESOLUTION TO AMEND RESOLUTION NO. 162-10 TO REVISE THE
SITE PLAN FOR THE REMAINDER OF THE LIERLY LANE SUBDIVISION
BY REDUCING THE NUMBER OF SINGLE FAMILY LOTS TO TEN AND
BY RECONFIGURING THE PUBLIC ACCESS LOCATION TO THE
NATURAL PARK AREA
WHEREAS, on April 18, 2006, the City Council passed Resolution No. 76-06 to allow
the extension of sewer service outside the City's corporate limits to a 23 acre parcel on Lierly
Lane adjacent to the City limits; and
WHEREAS, that Resolution conditioned the extension of sewer service on the
Annexation Agreement offered by the owner/developer and upon the developer's agreement that
impact fees (including parkland) "shall be paid as if the parcel was within the City limits;" and
WHEREAS, on September 7, 2010, the City Council passed Resolution No. 162-10
which amended Resolution No. 76-06 "to replace five duplex lots with single family lots and
change the lot once designated for the decentralized community septic system to (thirteen) single
family lots and a developed park of about 2.5 acres;" and
WHEREAS, Resolution No. 162-10 also included the City Council's approval of a
modified site plan "to include the developed park area of about 2.5 acres and thirteen single
family lots;" and
WHEREAS, the developer now desires to modify the site plan to reconfigure and reduce
the number of the single family lots to 10 and the natural area park and to modify the place and
size of public access to the park.
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. 162-10 by adopting the new site plan attached as Exhibit A which reduces the
number of single family lots to ten and the lot for the natural park area and changes the public
access point for the park; and by accepting the dedication of the parkland in lieu of park fees
related to these 10 single family lots upon condition that the owner develop this primarily nature,
passive park as shown on the site plan prior to its acceptance by the City.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines
that natural park area shall be developed and open to the public before the eighth building permit
is issued for the single family lots shown on the site plan.
Page 2
Resolution No. 85-15
PASSED and APPROVED this 21" day of April 2015.
APPROVED:
ATTEST:
By: J"4' '5. Z-&—
SONDRA E. SMITH, City Clerk Treasurer
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FAYEEVILLE:�=
This exhibit A was revised by the City Attorney after consultation with the Parks Department prior to Agenda Session.
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EXHIBIT A-1
LIERLY LANE NATURAL PARK AREA AMENTIES
The developer shall be responsible for cleaning up all debris, filling in
any holes and ensuring the property drains well and naturally toward the
drainage easement. The wire fence and fence line vegetation shall be
removed by the developer. The fescue shall be removed and a lawn of native
buffalo grass established by seeding (sod is not required).
At least ten shade trees (selected after consultation with the Urban
Forester) shall be planted as shown on Exhibit A. The developer will
properly install the concrete sidewalk and picnic table also as shown on
Exhibit A.
COUNCIL APPROVED SITE PLAN (RESOLUTION 162-10)
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City of Fayetteville, Arkansas 113 West Mountain Street
FayetteviEle, AR 72701
G (479) 575-823
Text File
File Number: 2015-0169
Agenda Date: 412112015 Version: 1 Status: Agenda Ready
In Control: City Council File Type: Resolution
Agenda Number: A. 5
AMEND RESOLUTION NO. 162-10 LIERLY LANE SUBDIVISION
A RESOLUTION TO AMEND RESOLUTION NO. 162-10 TO REVISE THE SITE PLAN FOR THE
REMAINDER OF THE LIERLY LANE SUBDIVISION BY REDUCING THE NUMBER OF
SINGLE FAMILY LOTS TO TEN AND BY RECONFIGURING THE PUBLIC ACCESS LOCATION
TO THE NATURAL PARK AREA
WHEREAS, on April 18, 2006, the City Council passed Resolution No. 76-06 to allow the extension of
sewer service outside the City's corporate limits to a 23 acre parcel on Lierly Lane adjacent to the City
limits; and
WHEREAS, that Resolution conditioned the extension of sewer service on the Annexation Agreement
offered by the owner/developer and upon the developer's agreement that impact fees (including
parkland) "shall be paid as if the parcel was within the City limits;" and
WHEREAS, on September 7, 2010, the City Council passed Resolution No. 162-10 which amended
Resolution No. 76-06 "to replace five duplex lots with single family lots and change the lot once
designated for the decentralized community septic system to (thirteen) single family lots and a
developed park of about 2.5 acres;" and
WHEREAS, Resolution No. 162-10 also included the City Council's approval of a modified site plan
"to include the developed park area of about 2.5 acres and thirteen single family lots;" and
WHEREAS, the developer now desires to modify the site plan to reconfigure and reduce the number of
the single family lots to 10 and the natural area park and to modify the place and size of public access to
the park.
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.
162-10 by adopting the new site plan attached as Exhibit A which reduces the number of single family
lots to ten and the lot for the natural park area and changes the public access point for the park; and by
accepting the dedication of the parkland in lieu of park fees related to these 10 single family lots upon
condition that the owner develop this primarily nature, passive park as shown on the site plan prior to its
acceptance by the City.
City of Fayetteville, Arkansas Page 1 Printed on 4114/2015
File Number: 2015-0169
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that natural
park area shall be developed and open to the public before the eighth building permit is issued for the
single family lots shown on the site plan.
City of Fayetteville, Arkansas Page 2 Printed on 4/14/2015
City of Fayetteville Staff Review Form
2015-0169
Legistar File ID
4/7/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jeremy Pate
Submitted By
City Planning /
3/20/2015 Development Services Department
Submitted Date Division / Department
Action Recommendation:
LSP 15-4985: Lot Split (NW CORNER OF BERSEIS DR. & CASSIUS LN./LOT 62 LIERLY LANE S/D, 244): Submitted by
JORGENSEN & ASSOCIATES for property located at NW CORNER OF BERSEIS DR. & CASSIUS LN. The property is
zoned RSF-4, RESIDENTIAL SINGLE FAMILY, 4 UNITS PER ACRE, and contains approximately 3.70 acres. The request
is to amend Resolution 162-10 revising the Council approved site plan.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance $ -
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ - I
V20140710
Previous Ordinance or Resolution # !/
Original Contract Number: Approval Date: L &1i
Comments:
CITY OF
T, 4gliq CITY COUNCIL AGENDA MEMO
ARNS
MEETING OF APRIL 7, 2015
TO: Fayetteville City Council
THRU: Andrew Garner, City Planning Director
FROM: Quin Thompson, Current Planner
DATE: March 20, 2015
SUBJECT: LSP 15-4985: Lot Split (NW CORNER OF BERSEIS DR. & CASSIUS
LNJLOT 62 LIERLY LANE SID, 244): Submitted by JORGENSEN &
ASSOCIATES for property located at NW CORNER OF BERSEIS DR. &
CASSIUS LN. The property is zoned RSF-4, RESIDENTIAL SINGLE
FAMILY, 4 UNITS PER ACRE, and contains approximately 3.70 acres. The
request is to amend Resolution 162-10 revising the Council approved site
plan.
RECOMMENDATION:
The planning staff recommend approval of a resolution amending Resolution 162-10 revising the
Council approved site plan for Lot 62 of the Lierly sub -division.
BACKGROUND:
The 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 requires City Council
approval. The City Council voted to approve the Resolution (76-06) with several stipulations,
which included 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 dwelling units on 59 buildable
lots. The property was eventually annexed, infrastructure installed, and several of the lots were
developed.
In August 2010, the City Council amended Resolution 162-10 (attached) to permit the applicant
to reduce the amount of duplex units and to increase the number of single-family dwellings on a
select 10 lots within the Lierly Lane Subdivision, and required that a portion of Lot 62 be retained
as a developed park containing approximately 2.5acres, formerly the location planned for a
community septic area.
Resolution 162-10 required that the park must be developed and open to public use before more
than 8 lots were developed. Four of those lots have been developed to date; four more may be
developed before the park must be complete.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
In staff opinion, the proposed plat revision meets City development requirements, and all of the
stipulations required by the Council under Resolution 76-06, but must receive Council approval.
BUDGETISTAFF IMPACT:
N/A
Attachments:
CC Ordinance
Exhibit A
EXHIBIT B (from Res 162-10)
Exhibit C (from Res 162-10)
Exhibit D (from Res 162-10)
Resolution 162-10 (Sept 7, 2010)
RESOLUTION 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 8t' 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.
Page 2
Resolution. No. 162-10
PASSED and APPROVED this 7`h day of September, 2010.
APPROVED: ATTEST:
By: By: (�
O ELD J , Mayor SONDRA E. SMITH, City Clerk/Treasurer
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Fayetteville, AR 72701
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Lierly Lane Elements To Be Included Within Park
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DEPARTMENTAL CORRESPONDENCE
OFFICE OF THE
CITY ATTORNEY
TO: Mayor Jordan
City Council
FROM: Kit Williams, City A
DATE: Match 25, 2015
Kit Williams
City Attorney
Blake Pennington
__.znt City Attorney
�tti Mulford
Parategal
RE: Resolution to amend Resolution No. 162-10 to revise the site plan by
reducing the number of single family lots from 13 to 11, to reconfigure the
public access to the 2.5 area park; to require the development of and then
accept the dedication of this park in lieu of any additional parkland fees for
the 11 lots
The 23 acre development on Lierly Lane has been considered by the
Fayetteville City Council twice before. Initially, this development on our
City's border was designed to use a decentralized community septic tank
system in which over 60 houses would all drain to the main septic tank and its
large "drip" field where lateral lines dispersed the contents of the septic tank.
These decentralized community septic tank systems usually functioned when
first installed, but had a growing and unpleasant failure rate after a few years.
In order to avoid those problems on land adjoining Fayetteville
neighborhoods, the City Council passed Resolution No. 76-06 in 2006 to allow
this not yet annexed property to access our sewer system.
This Resolution (attached) allowed that proposed development to hook
onto the City's nearby sewer mains, but required the developers to seek
annexation and to comply with many City regulations including impact fees
as if the land had already been annexed. The City Council did not want the
developer to receive City services, like sewer, without having to follow
normal development regulations and pay normal impact and development
fees. Otherwise this out of town development would have been treated more
favorably than in town developments.
1
By 2010, the land had been annexed and many of the lots developed.
The developer then wanted the five lots designated on the approved 2007 site
plan for duplexes changed to single family homes and to design the
unconstructed community septic tank lot for additional single family lots and
a park o€ about 2.5 acres. The City Council agreed to these changes for the
Lierly Lane site plan by passing Resolution No, 162-10 on September 7, 2010
(attached).
Chambers Bank assumed ownership of the Lierly Lane subdivision
from its original developer, Bob Schmitt. Chambers Bank through Riverwood
Homes/TTO, L.L.C. now seeks a further relatively minor change to the site
plan most recently approved in 2010 by the City Council. It would like to
reconfigure and reduce the number of single family lots from 13 to 11 and
modify the access easement locations for the 2.5 acre park. The Bank further
wants to develop the park as shown by its exhibit and then dedicate this park
to the City in lieu of any additional parkland payments for these eleven single
family lots. I believe this is the land owner's right pursuant to our Unified
Development Code,
There are city parks (Gary Hampton softball complex and another
general purpose park) within easy driving distance of the Lierly Lane
neighborhood. This Lierly Lane park would require some maintenance, but
the proposed design (to be constructed by Chambers Bank) would be for a
nature park with a walking trail, trees and maybe a few benches, but nothing
else. Therefore, maintenance should not be excessive. This park would be
accessible only by foot or bicycle with no offstreet parking lot.
The Unified Development Code states this about parkland dedication or
fees in lieu thereof:
"If the developer proposes to dedicate land for a public park...
which the Planning Commission determines is suitable for park
purposes, the proposed dedication shall be accepted." § 166.04
(B)(3)(1) (ii) (d) (emphasis added).
Thus, if the proposed dedication is "suitable for park purposes, (it) shall
be accepted." On rare occasions, the City Council has properly rejected a
proposed parkland dedication which was all within a utility easement and
2
under a large powerline. Although there is a utility easement already
dedicated on the western edge of this proposed park, there is ample land for
this park outside that utility easement. Therefore, there appears nothing
which would render this land not suitable as parkland as so designated by the
City Council in 2010.
In 2003, the State Legislature enacted A.C.A. § 14-56-103 Development
impact fees. This broad authority for cities to enact impact fees allowed
Fayetteville to enact both police and fire impact fees which would not have
been legally possible before this statute. However, this new impact fee statute
requires extensive and expensive studies to establish and prove the proper
justification and amount for any proposed impact fee.
Fayetteville's existing impact fees had been based upon A.C.A. § 14-56-
417 (b)(6) which authorized the city to require "a reasonable equivalent
contribution in lieu of dedication of land" if a developer was not providing
parkland, or independent water and sewer facilities on his own property.
Our water and sewer impact fee studies were equivalent enough to the new
statute's requirements that I was able to convince the sponsors of the
Development impact fee statute to grandfather them in for most purposes.
{See A.C.A. § 14-56-103 (i)(2).}
However, our parkland ordinance had been enacted so early that its
supporting studies would not be sufficient under the new law. I explained to
the sponsors that it allowed the option to the developer to either dedicate
parkland or pay a fee in lieu thereof. That convinced the sponsors to draft,
propose and support a special exemption for our parkland ordinance based
upon the developer retaining the option to pay or dedicate parkland. That
exemption was successfully enacted which saved our parkland ordinance.
{See A.C.A. § 14-56-103 (i)(3), which I have attached.}
If the City decided it wanted to no longer allow a developer the right to
dedicate suitable parkland and instead require monetary payment, not only
would our Unified Development Code require such amendment, but we also
could no longer require any dedication of parkland or payment o€ park fees
until after the extensive and expensive parkland impact fee study similar to
what we have done for the police and fire impact fee studies is completed.
3
We cannot know now whether such a study would determine that any new
parkland fee would be more or less than what is now required.
CONCLUSION
What is clear now is that the Unified Development Code, supported by
State law requires that a proposed dedication of land suitable for park
purposes "shall be accepted." Neither City staff nor the City Council can
force a developer to pay money in lieu of such dedication even if the Parks
and Recreation Department and Advisory Board would prefer to take such
money to apply it to the development of another park. Therefore, I have
drafted the proposed Resolution upon Mayor Jordan's instructions to
authorize such parkland dedication in lieu of any parkland fees to be paid for
the eleven single family lots.
4
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,
RESOLUTION 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.
Page 2
Resolution No. 162-10
PASSED and APPROVED this 7" day of September, 2010.
APPROVED: ATTEST:
By:
4 ELD JOA1J, Mayor S4 DRA E. SMITH, City Clerk/Treasurer
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TITLE XV UNIFIED DEVELOPMENT CODE
improvements bear a rational nexus and
that they are unable to
rough proportionality to the needs
agree, the developer and
created by the development.
advisory board shall make
separate
(t) Parkland dedication-
recommendations to the
Planning Commission who
(i) Applicability. The requirements of
shall determine the issue.
this subsection shall apply to
residential lot splits, subdivisions,
(d)
Decision, If the developer
Large Scale Developments,
proposes to dedicate land
Planned Zoning Districts and Large
for a public park after
Site Improvement Plans; provided,
consultation with the Parks
said requirements shall not apply to
and Recreation Advisory
a Lot Split or subdivision which
Board which the Planning
does not create one or more vacant
Commission determines is
lots on which a structure could be
suitable for park purposes,
erected under the city's zoning
the proposed dedication
regulations.
shill he acceded. Upon
consent and consultation
(ii) Residential development
with the developer and the
Parks and Recreation
(a) Dedication or tee -in -lieu.
Advisory Board, a
When a proposed
developer may dedicate a
residential development
portion of the required
does not provide an area
-
park land dedication and
or areas for a public park
make a contribution of
based on the Fayetteville
money in lieu of land
Parks and Recreation
dedication For the
Plan, the developer shall
remaining park land
be required to make a
dedication requirement
reasonable dedication of
With consent of the Parks
land for public park
and Recreation Advisory
facilities, or to make a
Board, this monetary
reasonable equivalent
contribution may be used
contribution in lieu of
to develop the park land in
dedication of land, such
the development or
contribution to be used for
elsewhere within the
the acquisition and
quadrant consistent with
development of park land
the Fayetteville Parks and
that serves the subdivision
Recreation Plan
or development
(e)
Approval. The Planning
(b) Parks and Recreation
Commission's decision
Advisory Board. Prior to
must be incorporated into
the submittal of a
the developer's
Preliminary Plat, Large
Preliminary Plal, Large
Scale Development plan,
Scale Development, or
or Large Site Improvement
Large Site Improvement
Plan the developer shall
Plan prior to plat or plan
submit to the Parks and
approval.
Recreation Advisory Board
a concept plat or plan
(t)
Dedication ratios Land
shall be dedicated at a
(c) Planning Commission.
ratio of .023 acres of land
The developer and the
for each single-family
Parks and Recreation
dwelling unit and 014
Advisory Board shall make
acres of land for each
a joint recommendation to
multi -family dwelling unit.
the Planning Commission
as to the land dedication
(g)
Fee -in -lieu formulas. A
or contribution in lieu of
contribution in lieu of land
dedication. In the event
dedication shall be made
CD166:21
32
33 BUILDING AND ZONING REGULATIONS - PLANNING 14-56-103
it was assessed an
(3) No other revenues or funds shall be deposited into the special
make reasonable
impact fee.
account.
(h)(1) The municipality or municipal service agency shall refund the
nay assess, collect,
portion of collected development impact fees, including the accrued
pact fee ordinance
interest, that has not been expended seven (7) years from the date the
fees were paid.
lopted or amended
(2)(A) A refund shall be paid to the present owner of the property
pal service agency
that was the subject of new development and against which the fee
ncy has adopted a
was assessed and collected.
he public facilities
(B) Notice of the right to a refund, including the amount of the
refund and the procedure for applying for and receiving the refund,
ontain:
shall be sent or served in writing to the present owners of the
d capital improve-
property no later than thirty (30) days after the date on which the
inanced by impact
;he capital plan for
refund becomes due.
(C) The sending by regular mail of the notices to all present owners
,npact fees;
ng the impact fee,
of record shall be sufficient to satisfy the requirement of notice.
(3)(A) The refund shall be made on a pro rata basis and shall be paid
. standards;
o be assessed and
in full not later than ninety (90) days after the date certain upon
which the refund becomes due.
fees in accordance
(B) If the municipality or municipal service agency does not pay a
refund in full within the period set in subdivision (h)(3)(A) of this
cy shall collect the
section to any person entitled to a refund, that person shall have a
I from the party as
cause of action against the municipality for the refund or the unpaid
separate and apart
portion in the circuit court of the county in which the property is
located.
cted at either the
(i)(1)(A) On and after July 16, 2003, a municipality or municipal
cc of a certificate of
service agency shall levy and collect a development impact fee only if
levied and collected under ordinances enacted in compliance with this
r department, wa-
rworks system op-
section.
(B) Beginning January 1, 2004, a municipality or municipal ser-
)rization Act, § 25-
vice agency shall collect development impact fees under ordinances
t fee in connection
enacted before July 16, 2003, or under ordinances amended after July
rater meter serving
16, 2003, only if collected in compliance with subsections (f) -(h) of this
section.
is been paid or will
(2) However, except for the compliance with the collection require-
ated on the closing
ments under subsections (f) -(h) of this section, this section does not
invalidate any development impact fee or a similar fee adopted by a
ent impact fee may
municipality or municipal service agency before July 16, 2003, nor does
for a fixed number
this section apply to funds collected under any development impact fee
ervice agency may
or similar fee adopted July 16, 2003.
j as to the time and
(3) In addition, a municipality with a park land or green space
ordinance that has been in existence for ten (10) years on July 16, 2003,
npact fee ordinance
and any amendments to the ordinance, which allows the option to pay
count.
a fee or to dedicate green space or park land in lieu of a fee, may
arate account shall
continue to be administered under the existing ordinance.
ted into the special
only in accordance
History. Acts 2003, No, 1719, § 1;
2007, No. 310, § 1.
RESOLUTION NO.
A RESOLUTION TO AMEND RESOLUTION NO. 162-10 TO REVISE THE
SITE PLAN FOR THE REMAINDER OF THE LIERLY LANE SUBDIVISION
BY REDUCING THE NUMBER OF SINGLE FAMILY LOTS FROM 13 TO 11
AND BY RECONFIGURING THE PUBLIC ACCESS LOCATIONS TO THE
PARK
WHEREAS, on April 18, 2006, the City Council passed Resolution No. 76-06 to allow
the extension of sewer service outside the City's corporate limits to a 23 acre parcel on Lierly
Lane adjacent to the City limits; and
WHEREAS, that Resolution conditioned the extension of sewer service on the
Annexation Agreement offered by the owner/developer and upon the developer's agreement that
impact fees (including parkland) "shall be paid as if the parcel was within the City limits;" and
WHEREAS, on September 7, 2010, the City Council passed Resolution No. 162-10
which amended Resolution No. 76-06 "to replace five duplex lots with single family lots and
change the lot once designated for the decentralized community septic system to (thirteen) single
family lots and a developed park of about 2.5 acres;" and
WHEREAS, Resolution No. 162-10 also included the City Council's approval of a
modified site plan "to include the developed park area of about 2.5 acres and thirteen single
family lots;" and
WHEREAS, the developer now desires to modify the site plan to reconfigure and reduce
the number of the single family lots from 13 to 11 and to modify the separate points of public
access to the park.
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. 162-10 by adopting the new site plan attached as Exhibit A which reduces the
number of single family lots from thirteen to eleven and changes the public access points for the
park; and by accepting the dedication of the parkland in lieu of park fees related to these 11
single family lots upon condition that the owner develop this primarily nature, passive park as
shown on the site plan prior to its acceptance by the City.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines
that park area shall be developed and open to the public before the eighth building permit is
issued for the single family lots shown on the site plan.
Page 2
Resolution No.
PASSED and APPROVED this 7th day of April 2015.
APPROVED: ATTEST:
By:
By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer