Variance 6-2023 Legacy Creek II Final PlatCity of Van Duren Variance Application
VARIANCE NUMBER: [,Q' e�tl 0
Brixey Engineering
APPLICANT NAME: Land Surveying, Inc. TELEPHONE NUMBER: 479-646-6394
ADDRESS: P-O. Box 6180, Fort Smith, Arkansas 72906
Franklin
PROPERTY OWNED BY: Construction, Inc. TELEPHONE NUMBER: 479650-4367
ADDRESS: 1440 S. 28th Street, Van Lauren, Arkansas 72956
COUNTY ASSESSOR'S PARCEL NUMBER: 700-07895-064
VARIANCE REQUESTED: A variance is requested to allow the proposed Final Plat to be
placed on the Agenda for the September 2023 Planning Committee meeting to request
approval of the proposed plat with Filing of said plat being withheld until such time as all
of the requirements have been met as listed in by City of Van Buren Regulations. The proposed
plat is complete and depicts final street and property line placement. Construction is very near
completion with all major improvements currently in place.
APPLICANT SIGNATURE: ++�
PLANNING DEPART NT PROVIDES:
PRESENT ZONING: �- 2 DATE FILED
PUBLIC HEARING DATE: t� -r7 JC' APPLICATION FEEE$1 56
DECISION P/1 OJ W r- J 18
J? LkT �M C" CNAIJC( L (JI NN017t KS
DATE: 69
Brixey Engineering Land Surveying, Inc.
August '15, 2023
iVtembers o'f Board of Adjustment
And Planning Commission
1003 Broadway
Van Buren, Arkansas 72956
RE: Variance Request
Legacy Creek Phase 2
Section 7, T-9-N, R-314V
Lear Board of Adjustment members of the Planning Commission:
The current owners, Franklin Construction Inc, of the property identified as Legacy Creek Phase 2 Lots
27 through 51, being a portion of the County Assessor's Parcel 70M789M64, are requesting that the
Board and Commission consider granting a variance of City requirements to allow an alternate approval
process from the two options provided in the Van Buren Subdivision Regulations.
We request that the proposed Final Plat be added to the September 5, 2023 Planning Commission
agenda for review and approval of the plat with the contingencv that the Final Plat will not be released
to be filed for record until all improvements as approved with the Preliminary Plat of the development
have been completely installed, inspected and approved by the City offices and the Planning
Commission as required. Ali supporting documentation will have been submitted to the proper agencies
and approved prior to filing of said plat.
The approval of this variance would avoid an unnecessary delay in filing once the supporting
documents have been approved. Construction of this project is very close to completion as of the date
of this request.
There are currently no existing structures Located on the subject property.
Your consideration and approval will be greatly appreciated.
Sincerely,
Chad Brixey, P.E., R.L.S.
Brixey Engineering & Land Surveying Inc.
Tel. 479.646.6394
Fax 479.646.6721
www.BRIXEYENG.com
5223 East Hwy. 45
P.O. Box 6180
Fort Smith, AR 72906 consulting engineers
land surveyors
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1003 Broadway • Van Buren, Arkansas 1 956
PLANNING COMMISSION MEMORANDUM
TO: PLANNING COMMISSION
FROM: WALLY BAILEY, PLANNING DIRECTOR
SUBJECT: LEGACY CREEK PHASE II FINAL PLAT AND VARIANCE FROM THE
APPROVAL PROCESS
DATE: AUGUST 29, 2023
CC:
Brixey Engineering &Land Surveying, Inc. has submitted the subject Final Plat for Planning
Commission approval. Also, they have requested a variance from the approval process that is
specified in the subdivision regulations.
The issue and reason for the variance request is that the public improvements have not been
completed nor have we received any form of financial assurance that the improvements will be
installed. The applicant / developer would like to have the Planning Commission and Council
approval pending the submittal of required items before the plat is filed for record.
The subdivision regulations state that either the improvements must be installed or financial
provisions guaranteeing the installation of the improvements must be submitted before the Final
Plat can be approved.
I have included several sections fiom the Subdivision Regulations for your review, Below is a
summary of the attached information:
Section III. Planning Commission approval or disapproval of final plat:
Article III. PROCEDURE FOR MAJOR SUBDIVISION PLAT APPROVAL
Paragraph B. Final Plat
1. Ater approval of the Preliminary Plat and submission and approval of the
construction plans and design specifications, by the City Engineer, and the
installation or provision made for the installation of the required improvements as
specified in Chapter V, IMPROVEMENTS, the developer shall submit to the
Planning Commission a Final Plat for recording purposes, together with certificates
and other supporting information,
Article V. IMPROVEMENTS
Before the Final Plat approval may be granted by the Planning Commission, the
Developer shall have installed or shall have made provision to install, either at his
expense or in accordance with the existing policy of the City, the following
improvements, all of which must have prior approval by the Planning Commission,
Section S L) Guarantees in Lieu oflnstallation o Inaprovenzents
The Planning Commission may approve dre Final Plat of a subdivision prior to the
installation of all required improvements when lire Developer deposits cash, a
performance and payment bond, or an irrevocable letter of credit with the City in
accordance with the City Bonding Procedure and Bond Agreement.
Please let me lmow if you have any questions or require any additional information before the
Planning Commission meeting.
Final Plat for any phase has not been submitted for approval within this two year
period, a new Preliminary Plat for that phase must be submitted to the Planting
Conunission for approval.
inul flat
SuUmissiou
After approval of the Preliminary Plat and suUntission and approval of the
construction plans and design specifications, by the City Engineer, and the
installation or provisions made for the installation of the required improvements
as speci lied in Chapter V, IMPROVEMENTS, the developer shall submit to the
Planning Commission a Final Plat for recording purposes, together with
certificates and other supporting information. Such submission shall be at least
twenty (20) clays prior to the Planning Commission meeting at which
consideration is requested.
2. Conies of Final Plat
C. Twenty (20) copies of the final plat shall be submitted to the Planning
Commission for review. The final plat shall be drawn at a scale of "= 1 00' or
larger, and shall be on a sheet size of III"x 24°, 24" x 36", 30"x 42" or 22" x 34".
Review copies of final plats may be 11 "x 17" if legible. One (1) copy of the final
plat shall be submitted to the planning department in a PDF (Portable Document
Format) file,
lnformation in Final Plat
The Final Plat shall show and contain the following information:
a. Name ofSub-Division.
b. Bowidaries and legal description of property Ueiug subdivided. Boundary
survey and legal description of platted property shall be certified and sealed
by a Registered Land Surveyor licensed in the State of Arkansas.
c. Names and addresses of the owner and developer.
d. Acreage in subdivision tracts.
e. Date, north arrow, and scale.
£ Location and description of all monuments.
Pnge 8 of 17
The various utility firms shall be consulted pertaining to suitable locations of all
utility easements.
4. Utilities to be located in an easement 'At ithin or across a street riglrt-of way shall
be. platted and installed with the stub -out connections for each lot, or conduit
installed to allow future installations before the surfacing of the slreel. (Ordinance
24-1976 - Passed and Approved T I d-76).
V. 1[V1P1tOVEVtENTS
Before the
Final Plat approval
mny he granted by
Ihr Planning Connnission, the
Developer
shall have installed
or shall have made
provision m install, eillier al his
expense or
in accordance with
the existing policy
of the City, the following
improvements,
all of which must
have prior approval by the Planting Commission. (see
paragraph
G, below).
A. Water Suuply
Where au approved public water supply far domestic and fire proteotiou uses is
available or reasonably accessible or procurable, connections should be made
with such water supply. Water system improvements shall be constructed in
accordance with the Van Buren Municipal Utility Commission Master Water
Plan. The developer shall furnish, install and pay all costs for fire hydrants in
accordance with the Fire Protection Design Standards(Ord. No. 14-2002) and
which meet rules and regulations of the Arkansas Fire Prevention Bureau. The
subdivision shall be connected to a public water supply system in such a manner
that an adequate supply of potable water is available to every lot within the
subdivision. The water system plans and specifications shall be prepared by an
engineer registered to practice in the State of Arkansas. Plans must to be
approved by the State Board of Health and the appropriate water or utility
department. (Ord. No. 7-1971).
B. Sewaae Disposal
Sanitary sewer systems shall be conshucted for any Subdivision located within a
reasonable distance of public sewers. Sanitary sewer system improvements shall
be constructed in accordance with the Van Buren Mumicipal Utility Commission
Master Sewer Plan. The sanitary sewer system plans and specifications shall be
prepared by an engineer registered to practice in the State of Arkansas. Plans
must to be approved by the State Board of Health and the appropriate water or
utility department
2. When the subdivision cannot be served by existing sanitary sewers, septic tank
disposal or other approved disposal methods shall be provided in accordance with
Puge 16 0l' 17
plans and specifications approved by the Utility Department Engineer all
Arkansas State Board of Health.
C. Storm llrahray
Storm drainage improvements shall be designed and constructed in compliance
with the Minimum Drainage Standards, the Public Works Standard Specifications
and the Standard Drawings for Public Works Construction. Each subdivision
developer shall submit an erosion control plan for construction activities and
obtain storm water permits in accordance with federal, state or loral ordinances of
egulations.
D. Cur•b and Gutter
Curbs and gutters shall be designed and constructed in compliance with the
Master Street Plan, Minimum Street Standards, the Public Works Standard
Specifications, and Standard Drawings for Public Works Construction.
L. Street Gradio;? and Surfacin>;
Streets shall �e designed and constructed in compliance with the Master Street
Plan, Minimmm Street Standards, the Public Works Standard Specifications, and
the Standard Drawings for Public Works Construction.
F. Monuments
Monuments shall be set indicating Utc location of each lot earner within the
boundaries of the subdivision. At a minimum, these monuments shall consist of a
metal rod at least eighteen (18) inches in length and one half (1/2) inch in
diameter. These monuments shall be set in accordance with the Arkansas
Minimum Standards for Property Boundary Surveys and Plats as published by the
Arkansas Geological Commission, Land Survey Division. The surveyor's
certificate placed on the final plat shall act as the certification that these
monuments have been set in accordance with these standards.
G. Guarantees in Lieu ofIustallation of Improvements
The
Planning Commission may approve the Final Plat (see Article IIT, paragraph
B, 6) of a subdivision prior to the installation of all required improvements when
the Developer deposits cash, a performance and payment bond, or an irrevocable
letter of credit with the City in accordance with the City Bonding Procedure and
Bond Agreement. Such deposits of cash, a performance and payment bond or
irrevocable letter of credit with the City shall be in an amount equal to the
estimated cost of improvements as determined by the City Engineer or other City
Officials for the entire subdivision or portion thereof. Upon issuance of written
notice of commencement of the "warranty" period (see Article V, paragraph J),
Page 17 of 17