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HomeMy WebLinkAbout1993-08-09 Minutes• • MINUTES OF A MEETING OF THE FAYETTEVILLE CITY PLANNING COMMISSION A meeting of the Fayetteville Planning Commission was held on Monday, August 9, 1993 in the Board of Directors Room on the second floor of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Jana Lynn Britton, Kenneth Pummill, Joe Tarvin, Jett Cato, Tom Suchecki, Chuck Nickle, Bob Reynolds, J. E. Springborn, and Jerry Allred OTHERS PRESENT: Alett Little, Don Bunn, Tim Conklin, Sharon Langley, members of the press and others Mr. Suchecki advised the petition for a Conditional Use on Oak Drive had been withdrawn and would not be heard at this meeting. MINUTES The minutes of the July 26, 1993 Planning Commission meeting were approved as submitted. LARGE SCALE DEVELOPMENT - CROSSOVER STORAGE GORDON WILKINS & DANNY VILLINES - W OF CROSSOVER, S OF MISSION The next item was a large scale development for Crossover Storage submitted by Dave Jorgensen on behalf of Gordon Wilkins and Danny Villines for property located on the west side of Crossover Road, south of Mission Boulevard. The property is zoned C-2, Thoroughfare Commercial, and contains 1.75 acres. Mr. Bunn explained the large scale development consisted of mini -storage units. He advised there had been no significant comments by any of the utility company representatives. He stated staff remarks had included comments on sidewalks, the need for screening, a tree preservation plan, and a request for a possible 15 - foot waterline easement across one side of the development. He stated the Subdivision Committee had voted to forward the large scale development to the full Planning Commission with staff comments. Mr. Bunn recommended the large scale development be approved subject to plat review and subdivision committee comments; approval of the detailed plans for water and sewer; approval of a grading and drainage plan; construction of sidewalks; conformance with the city's tree preservation plan; the granting of required easements by separate instrument; and screening as required by ordinance. Ms. Britton stated storage buildings were warehousing, which was not normally in a commercial area. She asked if a conditional use had been granted on this property. Ms. Little advised that had been changed approximately 3 or 4 years ago and storage buildings were now allowed in C-2 zoning districts. Mr. Jorgensen advised they were in agreement with all staff comments. MOTION Mr. Springborn moved to approve the large scale development subject to staff comments. Mr. Nickle seconded the motion. The motion carried unanimously. • • • • Planning Commission August 9, 1993 Page 2 FINAL PLAT - BOARDWALK ADDITION, PHASE IV JIM LINDSEY - W OF CROSSOVER, S OF MISSION The next item was a final plat for Boardwalk Addition, Phase IV, submitted by Dave Jorgensen on behalf of Jim Lindsey for property located on the west side of Crossover, south of Mission. The property is zoned R-1, Low Density Residential, and contains 3.66 acres with 6 lots. Mr. Bunn stated there had been no significant comments by any of the utility company representatives. He advised there was an additional easement requested by SWEPCO and agreed to by the owner. He stated staff remarks included comments on the location of the fence in relation to the Highway Department right-of-way and noted possible problems with sight distance. He further stated Mr. Conklin had asked for a note on the plat that the access easement to the recreation area. would be paved. He noted the Subdivision Committee had recommended the plat be forwarded to the Planning Commission with staff comments. Mr. Bunn recommended approval of the preliminary plat subject to plat review and subdivision committee comments; construction of sidewalks and payment of parks fees in accordance with city ordinances; compliance with the city's tree ordinance; and the execution of a contract with the city for the unfinished improvements, including street lights. He advised the conditions of approved as listed were not intended to be a full listing of subdivision requirements that might be imposed on the development nor should it be interpreted to mean that other City, State, or Federal requirements were being waived unless specifically stated. Ms. Britton asked about the width of the access to the recreation area and what type of surface staff was requesting. She stated she had assumed it was a pathway to the area, not for vehicular access. Me. Little pointed out there were two ways to access the area. Mr. Jorgensen stated they were in agreement with staff comments. He advised the width of the access would be 25 feet. MOTION Mr. Reynolds moved to approve the plat subject to staff comments. Mr. Pummill seconded the motion. The motion carried unanimously. • • • Planning Commission August 9, 1993 Page 3 PRELIMINARY PLAT - GLENMBROOR ADDITION, PHASE II GORDON WILKINS - S OF MISSION, W OF CROSSOVER The next item was a preliminary plat for Glennbrook Addition, Phase II, submitted by Dave Jorgensen on behalf of Gordon Wilkins for property located south of Mission and west of Crossover. The property is zoned R-1, Low Density Residential, and contains 10.0 acres with 33 lots. Mr. Bunn stated the utility company representatives had requested several additional easements and several crossings which were agreed to by the owner. He further stated staff comments had included comments on the location of sidewalks, street names, the need for a drainage and grading plan, and water service. He advised the Subdivision Committee voted to forward the Preliminary Plat to the full Planning Commission with staff comments. He noted that, since the subdivision committee had reviewed the plat, it was decided by the owner that the connection to the north would not be a part of the preliminary plat. He stated that staff did believe that right-of-way should be left open to the north to provide a future access directly to Highway 45. Mr. Bunn recommended approval of the preliminary plat subject to plat review and subdivision committee comments; approval of detailed plans for water, sewer, streets, and drainage; approval of a grading and drainage plan; construction of sidewalks and the payment of parks fees in accordance with city ordinances; conformance with the city's tree preservation ordinance; and the provision of a right-of-way to the north in the vicinity of the cul-de-sac (lots 31 or 32) to be used as access to Highway 45 at some point in the future. Mr. Allred stated there had been only 32 lots on the plat when presented to the subdivision committee. He asked if the access were provided it would be the same as the original plat. Mr. Bunn stated it would. He explained that, by eliminating the access to the north, the applicants were able to create one more lot. He noted that, by adding the access back in, the subdivision would go back down to 32 lots. Mr. Reynolds stated he was in favor of staff recommendations regarding access to the north be provided. Ms. Little explained there was an intervening piece of property between the subdivision and Highway 45 which was zoned commercial. Mr. Bunn explained they would not need all of lot 32 for the access easement so some of the lot lines would have to be re -drawn. Ms. Britton asked where the access had originally been shown. Mr. Reynolds stated it had been on lot 32. Ms. Little showed Ms. Britton the original plat showing the access. Mr. Jorgensen explained the adjacent property owners, the Johnsons, did not want the access through their property. He stated they had written a letter expressing their desire that the access be removed. He explained the applicant was purchasing the property from the Johnsons. He stated Mr. Johnson believed the access would render his commercial property less valuable. He advised the petitioner desired to work with the city but also had to please Mr. Johnson. He proposed providing a 50 -foot right-of-way instead of putting in a street. bbl • • • Planning Commission August 9, 1993 Page 4 Ms. Britton asked if the developer would be required to pave the street to the property line. Ms. Little explained the city had recently begun requiring the pavement of all stub outs so the persons who purchased the lots on either side understood there would be a street at that location. She further expressed her belief that, in this case, it would be acceptable for the Commission to allow for just the right- of-way, especially since the property did not adjoin any other residential areas. Me. Britton stated she believed it was a good idea to go ahead and pave it. She explained that if someone purchased the commercial property they would understand the right-of-way was intended as a street. She pointed out most people did not see their plats. Ms. Little noted that, at the time the commercial property was considered for a large scale development the issue could be addressed. Ms. Britton stated that, sometimes, was too late. Mr. Tarvin pointed out one of the problems with paving the stub out at this time was that it might not match up with the grade on the adjacent property. Mr. Allred also expressed concern that delivery trucks, etc. could take short cuts through the residential area. Ms. Britton disagreed, stating that would not be a short cut. Mr. Allred asked who would bear the cost of paving the roadway if, in the future, it was determined the roadway should go through. Ms. Little stated it was usually the city's responsibility when there was a dedicated right-of-way and the need for a street occurred. In response to a question from Mr. Tarvin, Mr. Jorgensen explained traditionally staff wanted two means of access to a tract. He further stated it was the petitioner's wish to not have the stub out. Mr. Suchecki stated there would be a 50 -foot access easement so that, if sometime in the future someone wanted to develop the commercial property, the roadway would be there. Mr. Jorgensen explained the commercial property to the north really needed a street. He stated the problem was Mr. Johnson did not want a street dividing his commercial property; there was a possibility the property would be developed as one tract. He went on to say the petitioner would prefer to not dedicate the right-of-way but would do so. Ms. Britton asked how many lots were in Phase I. Mr. Jorgensen stated there would be 28 lots in Phase I. Ms. Britton pointed out there were approximately 60 homes on a single access. Mr. Springborn stated it appeared the applicant believed the roadway would not be extended but was willing to hold it for some time into the future in the event the adjoining property owner changed his mind. He pointed out if the access was not paved the applicant could request the right-of-way be abandoned, another lot made and sold. 2-1°' • • • Planning Commission August 9, 1993 Page 5 Mr. Reynolds expressed his opinion in order to provide another outlet it was not needed, it would revert MOTION the 50 -foot right-of-way should be required if it was needed in the future. He stated if to the adjoining land owners. Mr. Springborn moved to approve the preliminary plat subject to the provision of right-of-way across lot 32 and subject to staff comments. Ms. Britton seconded the motion. The motion carried unanimously. Me. Little asked for clarification so the minutes would reflect the motion did require the provision of right-of-way but not the paving of the right-of-way. Mr. Suchecki stated that was correct. 90 • • • Planning Commission August 9, 1993 Page 6 PRELIMINARY PLAT - CRYSTAL SPRINGS SUBDIVISION, PHASE I JED DEVELOPMENT - E OF SALEM, N OF MT. COMFORT The next item was a preliminary plat for Crystal Springs Subdivision, Phase I, submitted by Mel Milholland on behalf of JED Development for property located on the east side of Salem Road, north of Mt. Comfort Road. The property is outside the city limits and contains 39.9 acres with 115 proposed lots. Mr. Bunn explained this was the first phase of development of a 283 acre tract located between Salem Road and Dean Soloman Road just outside the City Limits of Fayetteville. He advised the owners had begun the process of asking for annexation of the area and the Planning Commission would consider that annexation request in the near future. He noted, however, the approval of the development was not contingent upon the annexation. He advised that along with the annexation there would probably be a request for an R-1 zoning. He stated the utility company representatives asked for several easements and requested numerous crossings at various locations within the subdivision. He advised all of the easements and crossings requested were agreed to by the owner. He noted staff remarks included comments on water and sewer service, fire hydrant locations, green space fees, sidewalk location, private maintenance of entry islands, and the need to conform to the city's new tree ordinance. He noted that, when the plat review committee discussed the plat, it had been assumed it would be inside the city limits by the time of development. He advised the green spaces fees nor the tree ordinance would be applicable. He stated they could request the developers conform to the tree preservation ordinance since it was clearly the intent to have property annexed. He advised it was his understanding that annexation papers for the entire 283 acre tract had been filed at the county and would be considered by the City, if the county approved it, in approximately 60 days. Mr. Bunn advised there was considerable comment from the members of the general public on this plat as well as the informal plat of the 283 acre tract. He stated concerns expressed by the public included increased traffic on Salem Road and Mt. Comfort Road, the incompatibility of the proposed development with the existing neighborhood and the lowering of property values, soil conditions and drainage problems, wildlife preservation, and concerns over the adequacy of schools, parks, etc. to handle the additional people. He noted most of the comments were made in regard to the total development of the 283 acre tract and not necessarily limited just to the preliminary plat being considered at this meeting. Mr. Bunn stated staff had indicated the preliminary plat did meet the city's regulations. He advised there was additional work that would be required in relation to water and sewer service, off-site street and drainage improvements, and other planning concerns such as additional accesses. He further stated it was the staff's recommendation and the final recommendation of the Subdivision Committee to have this item tabled at the Planning Commission meeting until the annexation of the property was approved by the City Council. He advised the Planning Commission had tabled the item and subsequently, the subdivision went through the county's planning process and was approved by the county in the meeting of August 2nd. Mr. Bunn stated the County's approval stipulated that the street construction would meet the city requirements as far as width and the need for curb and gutter and storm drainage was concerned. He noted, however, the developer would be required to meet the county requirements on the design of the street section (subgrade, base, etc.). He advised this also applied to the improvement of Salem • • • Planning Commission August 9, 1993 Page 7 Road where it abutted the development. He stated Salem would be widened to 15 feet on the developer's side and put in curb and gutter and storm drainage. He also noted it was his understanding the developers would be providing land to the school district for a future school. Mr. Bunn went on to say the developers would ask that they be allowed to tie to city sewer. He explained that would require the construction of a pump station and a force main to carry the sewage to the city mains. He noted it was possible that the pumps in the Starr Valley station would have to be changed out to accommodate the increased flow. He stated any costs associated with furnishing sewer to the development, including upgrading of existing facilities, would be borne by the developer. He explained water for the development would come from Mt. Comfort Road. He advised preliminary calculations had indicated flows and pressures would be sufficient for the proposed subdivision. He again advised all costs associated with the furnishing of water to the development would be borne by the owners. Mr. Bunn recommended that the preliminary plat for Crystal Springs Subdivision be approved subject to plat review and subdivision committee comments; approval of detailed plans for water, sewer, streets, and drainage (county having primary approval of streets in the affected areas); submittal of a grading and drainage plan for the affected area; off-site improvements to Salem Road and to the Clabber Creek crossing on Salem Road; the construction of sidewalks (4 feet back of curb line) in accordance with city ordinances and plat review comments; and all conditions as imposed by Washington County. He advised the conditions of approval as listed were not intended to be a full listing of subdivision requirements that might be imposed on the development nor should it be interpreted to mean that other City, State, or Federal requirements were being waived unless specifically stated. Mr. Bunn further stated it should be noted that, since it was the intent of the developers to annex into the City as soon as possible, all regulations that normally applied to development within the City would be imposed on the development except where the county had reserved specific approval rights. Ms. Little advised on August 6 she, Mr. Bunn and the City Traffic Superintendent met with the County Traffic Superintendent and had drafted a memorandum of agreement relating to construction of the streets in the area, reserving the right for both the city and county to inspect during the process and for joint approval and acceptance of the streets. She further noted at the Joint Subdivision Meeting with both the city and county she had been approached by Mr. Zaccanti, adjoining property owner to the east, who had expressed a desire for a provision for access to the east. Mr. Allred stated the Subdivision Committee and the Washington County Technical Board had a joint meeting and had worked out quite a few details. He stated it was his understanding the developer had agreed to all of the city regulations. He asked if that included the parks fees. Ms. Little stated that statement had been made but, due to a lawsuit in approximately 1986, the city had not been enforcing green space fees for developments in the county. Ms. Britton asked the difference between the county and city street standards. • • • Planning Commission August 9, 1993 Page 8 Ms. Little advised there was no difference except the county's were more spelled out in format as to what testing was required. She explained the city required more by inspection. She stated the county had a very specific standard. Ms. Britton asked if the county standards were tougher. Me. Little explained the county's stated standards were tougher than the city's stated standards but the city did more by inspection. She further stated the staff was incorporating the county's standards in the new subdivision regulations so there would not be a discrepancy in the future. Mr. Milholland stated he had met with Mr. Zaccanti and had agreed to provide access via the northernmost street of Phase I by leaving right-of-way through lot 24. He also noted that, on a future phase, they would also provide access to Mr. Zaccanti's property from the south. He stated sewer and water would also be available at those points. Ms. Britton asked if it would be a 50 -foot right-of-way. Mr. Milholland stated it would be 50 -foot right-of-way. He reminded the Commission they had submitted the plat earlier in the spring. He advised it was still the intention of the developer to construct 31 -foot back to back curb and gutter streets. He stated they had asked for one waiver from the county regarding the width of the street. He explained the county did not always require curb and gutter but the developer wanted it so it would match up with other City of Fayetteville streets. He stated the County had a more detailed testing procedure set out. He advised they had requested to follow the county's procedure for both testing and design. Ms. Britton asked the county width. Mr. Milholland explained county roads had shoulders rather than curb and gutter. He stated a Class 2 street was 20 feet of asphalt and 4 foot shoulders on each side. He further stated a Class 3 streets were wider. He assured the Commission the streets would be the same as any other subdivision within the city limits. He advised they had requested water and sewer service from the city. He stated the county had requested that portion of Salem Road adjacent to the subject property be widened to 15 1/2 feet with curb and gutter on that side. He noted the developer had agreed to that request. He stated they wanted the opposite side of the road overlaid and the developer had agreed to work with the county on that project. He further stated the county had made a request, but it was not mandatory, to improve Salem Road on to the south. He informed the Commission the developer did not feel, at this time, it was feasible to comply with that request. He explained one of the sites they were looking at for the school was on Salem Road. Mr. Milholland stated they concurred with staff comments. He did note, however, that in lieu of money for green space fees, the developer wanted the flood plain area considered for parks lands. Mr. Jim McCord, representing Tom and Nancy Muccio, appeared before the Commission referencing a letter he had sent to the Commission dated August 5, 1993 regarding the proposed subdivision. He stated the Muccio's opposed the subdivision together with over 100 of their neighbors. He asked for all of the residents opposed to the subdivision to stand. Approximately 30 people stood up. He stated their primary concern was traffic safety consideration. He pointed out the Fayetteville subdivision regulations required "safe and adequate vehicular and pedestrian access shall be provided to all parcels". He noted the only abb • • • Planning Commission August 9, 1993 Page 9 access for Phase I of the subject subdivision was Salem Road. He informed the Commission Salem Road was a narrow, chip and seal road, only 20 feet wide. He stated there were many potholes and the roadway was in need of substantial repair. He contended 115 new homes would increase the traffic on Salem Road by 1,035 vehicles per day and that Salem Road was not adequate to handle that much traffic. He informed the Commission courts had upheld denial of subdivision approved based on traffic safety factors, especially when there was specific standards set out in the regulations. Mr. McCord also expressed the concern of the neighbors over lot size, stating the lot size was incompatible with the primary character of the area. He reminded the Commission they had considered lot size as a relevant consideration in determining whether to approve a subdivision plat in the past. He requested the Planning Commission require the developer to revise the plat to reflect fewer and larger lots and, if the plat was ever approved, that the developer be required to pay his proportionate share of improving all of Salem Road between Mt. Comfort Road and Howard Nickle Road. He stated all of Salem Road would be used and needed to improve. He further advised that the Fayetteville regulations specifically authorized the Planning Commission to require a developer to pay his proportionate share of off-site improvements when the need for those improvements was created wholly or in part by the proposed subdivision. He stated that was the case in the subject subdivision. Mr. Jim Selby, a neighboring resident, asked if it was true the county and city met and lowered the standards of the street. He stated the county requirements, curb and gutter, was 70 feet. He advised the developer was asking to lower the standards and extend the street through the subject subdivision and through another subdivision. Ms. Little explained all of the city subdivision regulations applied except the parks fees in a county subdivision but the county did retain the right to restrict or govern the road. She advised the county was willing to work with the city because there was an annexation issue still pending. She stated they did believe the property would be coming into the city. She further stated the subdivider had requested, and the county granted, a compromise to the width of the county requirement. She advised that was wholly at the discretion of the county. She stated the city had to defer to the county on roads. Mr. Selby asked if the city would be granting the developer the same thing on the northernmost street. Ms. Little explained the developer was meeting city standards and the city would not have to grant any waivers on the streets. Mr. Selby also stated he wanted to addressed the issue of water run-off created by the subdivision. He advised that, with just the streets being created, the run-off would be increased by more than 50%. He contended houses, sidewalks and driveways would more than double the run-off. He pointed out Clabber Creek already overflowed the culvert and roadway. He went on to say the developer should be required to pay for the improvements. Mr. Suchecki advised the developer was required to pay for all improvements. Mr. Bunn stated staff had asked that, in regard to Clabber Creek, the developer pay for any improvements required as a result of increased run-off. Mr. Selby advised both Rogers and Lowell had been taking care of run-off for over 25 years by requiring detention ponds. He stated they needed to take care of the run-off or they would be sued. He went on to say there was currently 14 houses on 40 acres. He stated the proposed subdivision, putting 115 houses on 40 acres, • • • Planning Commission August 9, 1993 Page 10 was not compatible with the existing character of the land. He also stated that, by putting the lift station in the creek, they would not be able to contain the raw sewage when the power went off, spilling the sewage into Clabber Creek and then into the Illinois River. Mr. Herbert Holcomb, 548 Gray Avenue, stated he was the developer of Mt. Comfort Subdivision. He stated he had observed they planned a lift station with a sewer line drawn through to Gooseberry Lane. He advised that neither the plat nor the deeded record of the property of Lot 1, Block A or Lot 1, Block B made any provision for Gooseberry Lane to ever be extended. Mr. Paul Lewis stated it was his understanding the City of Fayetteville had asked the Corps of Engineers to designate the wetlands in the 283 acres. Ms. Little stated they had advised the developer he needed to contact the Corps. She stated that contact was made in May and the response from the Corps was they would review the land as soon as they could. She advised the Corps had not done the investigation at this time. Mr. Lewis asked how they could plan a subdivision when they did not know how much wetlands were on the acreage or the location of those wetlands. Mr. Suchecki stated the Commission was only considering Phase I at this meeting and none of the wetlands were located in Phase I. Ms. Tina Campbell asked what affect Phase I would have on the wetlands. Me. Britton asked if the developer did not have to have a ruling on the wetlands for the entire tract. Ms. Little stated the developer question, not the entire tract. area and would be classified as a no identifiable wetland areas in just had to have a ruling on the area in She stated most of that area was a beaver dam wetland area. She further advised there were Phase I. Mr. Bunn explained the developer would have to receive clearance from the Corps before doing anything that would affect the wetlands. He pointed out the lift station would be constructed near the creek and the developer would have to receive clearance on that area. Mr. Springborn stated that, should they approve the subdivision, it would have to be contingent upon the Corps of Engineers searching the area and granting approval. Ms. Little explained the federal rules on development were separate and of a higher order than the city's approval. She stated staff made the developer aware they would have to get approval from that higher entity. Mr. Springborn expressed concern that, if they approved the plat, it could prejudice the Corps in favor of approving it. Ms. Little explained the Corps was very stringent with the wetlands permitting regulations. She stated the developer had to have the Corps approval because, should he destroy any wetlands, significant penalties were imposed. Mr. Nickle suggested the entire character of the development could change if a large area was to be left unsubdivided. He stated he believed the Commission should have an opportunity to review the report before acting on the subdivision. • • • Planning Commission August 9, 1993 Page 11 Me. Little stated that, as far as staff knew, there were no wetlands on Phase I of the proposed subdivision. Me. Britton asked if Phase I might not impact the wetlands. She asked if there were no standards for that also. Me. Little stated the Corps welcomed added run-off. Mr. Milholland stated all subdivisions coming before the Planning Commission had been subject to the same conditions; that Phase I was over a quarter of a mile from the creek. He pointed out they had approved CMN Tract 1 prior to approval from the Corps. He stated it was automatically understood the developer would comply with all requirements. In response to a question from Mr. Suchecki, Mr. Milholland explained all of the storm drainage and sanitary sewer system had to be approved by the City Engineer and the State Board of Health. He further stated consideration would be given to the location of the lift station. He also noted they would look at the run- off but there was run-off on every hill in Fayetteville. Ms. Sylvia Schlegel, 2733 W. Salem Road, asked how large of houses they were planning on building and the price range of the houses. She advised the Commission that, had she and her husband known about the proposed development, they would not have spent their life savings to construct their new home in the subject area. Mr. Milholland stated the anticipated size of the homes was 1,600 to 2,000 square feet. He advised the cost of homes had not been determined. Mr. Suchecki explained the city ordinances did not require a developer to submit protective covenants until the final plat stage. Mr. Bunn explained covenants were not required but, if there were covenants, they were required to be filed at the time of the final plat. Teresa Martin, a resident of East Salem, appeared before the Board and stated she would have to yield the right-of-way of her front yard should they approve the subdivision. She expressed her opinion the intent of the law on right-of-way had been abused in this case; that the intent of the law for right-of-way was for public access for public utilities and for the betterment of the community. She stated taking half of her front yard, devaluing her property, and taking away from her children their play area was not for the betterment of the community. She stated the school had not agreed to accept the property the developer wished to donate; that the residents did not know they were going to get a school out of the development. She claimed she had been told she had no legal rights; that the developers had a right to develop their property. She stated the neighboring residents were getting nothing except more traffic while the developers were becoming millionaires. She expressed resentment and stated the residents should be protected. Mr. Pummill requested clarification on why they would be taking Ms. Martin's yard. Ms. Martin stated she lived on East West Salem Road and the roadway would be widened if this subdivision was built. She explained the road went in front of her house and would go through her front yard. She stated there was a 10 foot right-of-way in her front yard which they would take for the road. »o) • • • Planning Commission August 9, 1993 Page 12 Mr. Pummill advised Ms. Martin he did not believe she would lose her yard. He stated they had not talked about widening the street in front of her house. He. noted Phase I would not take her front yard. Mr. Jim Kimbrough stated they talked one time about the entire 283 acres and then they reduced it down to Phase I. He informed the Commission they were burying their heads in the sand when they limited themselves to consideration of just Phase I and ignore the impact to the balance of the property. Mr. Suchecki explained the reason developments were done in phases was to afford the Commission better control. Mr. Kimbrough stated when they were planning for one phase they needed to give more attention to the entire project. He contended the entire area would be affected. Mr. Tarvin asked if the subsequent phases would affect Ms. Martin's property. Mr. Milholland explained the developer of this project did not own land adjoining the road Ms. Martin lived on; the subject development was to the south. Mr. Tarvin verified there were no plans to widen the street in front of Ms. Martin's house, that Mr. Milholland was aware of, related to any phase of the subject development. Mr. Milholland advised that, to his knowledge, Me. Martin's property did not adjoin any of the land within the subject development He noted the developer had planned, with future developments, to provide additional accesses to the south to Mt. Comfort Road. Mr. Selby spoke again regarding the run-off and asked if there had been any plans made to construct retaining ponds. Mr. Milholland stated he had not prepared the grading and drainage plan. He advised there was some run-off which they would take care of. He further stated their plans would be approved by the City Engineer. A resident of Bird Haven Terrace stated they had purchased their home at its present location in order to live in a small community but approval of the subject subdivision would include her neighborhood into a huge development. Mr. Wilson Kimbrough stated he wanted to help people to save their homes and endorsed every thing he had heard from his neighbors who had already spoken. He stated he believed the Commission should deny the proposal and there should be an effort made to reach an agreement between the neighbors and the developer on lot density and the improvement of Salem Road. Ms. Virginia Fedosky, a resident of North Salem Road, requested the Commission listen to all of the neighboring residents. She advised the proposed development would change the residents' lives. Ms. Faye Dotche expressed concern on the type of soils in the proposed area. She explained much of the proposed development would be constructed on leaf soil which had a high potential of shrink/swell. She told of the conditions in both dry and wet weather. She also informed the Commission there was summit soils in the area, which, she stated, was much worse than leaf soils for the installation of sewer pipes. She forecasted the sewer lines would break and contaminate Clabber Creek and the wetlands. She advised the city needed to address and study the soils. She expressed her view they were rushing this project and contended they would be flooding the property to the east. • • • Planning Commission August 9, 1993 Page 13 Ms. Mona Foster, 3677 Weir Road, requested the project be denied until they had. received the Corps of Engineers report. She advised none of the Commissioners were experts on wetland delineation. Mr. Howard Davis, President of JED Development, stated they had planned a quality development all within the standards of the city. He advised they had discussed the flood plain areas being park areas. He further noted they had offered to donate from 10 to 20 acres for a school. He stated they wanted to be a part of the community. He also informed the Commission they had planned on constructing some walking trails, access to the adjoining golf course, etc. He also noted that all of the people involved in the project had lived in the area for over 30 years. Ms. Virginia Fedosky stated if Mr. Davis wanted to be a part of the community he needed to redraw the plat showing no tract less than an acre in size. Mr. Joe Massey, 2816 Quail, complained many of the adjoining property owners had not received a letter notifying them of this meeting. Ms. Little advised the requirements were for notification of adjacent property owners and Mr. Massey did not adjoin Phase I. Mr. Jim Kimbrough again stated they needed to review the entire development and notify all adjoining property owners of the entire tract, not just Phase I. Me. Little advised notification had been made in the newspaper of the meeting and staff had, at Mr. Wilson Kimbrough's request, sent him notice. Ms. Martin stated it was her understanding people purchasing property in the subdivision would not be able to purchase home owners' insurance policies and the insurance would be three times the normal cost. She also stated it was her understanding the future residents would have to pay a city sewer improvement tax. She expressed concern for the future residents of the proposed subdivision. Mr. Bunn stated he was not aware of any reason the residents would not be able to get home owners insurance. He advised the sewer would be paid for by the developer and the city would not be charging any extra fee. He explained that, if the property were not annexed into the City, there was a higher sewer charge for non-residents, just as there was a high charge for water outside the city limits. Ms. Britton stated the insurance issue had been brought up earlier when the Commission had reviewed the original plans. She further stated she had researched the insurance issue. She advised that, when the property got closer to the flood plain (not in this phase), the insurance would be double the normal cost of a homeowners insurance policy. Mr. Milholland stated that, as long as a house was outside the flood plain, it had rates based on fire protection. Me. Britton stated if the property was within 4 feet of the flood plain the property owner was required to carry flood insurance and it was double the normal homeowners policy. Mr. Milholland advised there was not an improvement district proposed and the sewer and water rates would be the same for this development as any other subdivision outside the city limits. Mr. Bill Wilson, 2340 N. Salem, asked what would happen to all of the water once it went under the bridge that was no longer on the developer's property. al • • • Planning Commission August 9, 1993 Page 14 Mr. Milholland stated water drained down hill and it would go down the creek. He further stated there would be standard designs for the drainage. He further advised the box culvert on Salem already flooded and, if it still flooded a year from now, it was not necessarily because of the subject development. Mr. Selby insisted the development would increase the run off by 100% and they needed to design retention ponds. Mr. Wilson there was problem stated he owned property just south of Clabber Creek. He advised if run-off into the creek and the creek grew wider, he would have a Mr. Tarvin explained Mr. Wilson was addressing the wrong governmental body with his concerns; that this was under regulation of the county. He advised if the county wanted the developer to be responsible for the adequacy of drainage structures downstream from developments, then the county should require that. He advised the Planning Commission could not require more than allowed by law. Mr. McCord stated the county only had jurisdiction over the roads. Mr. Tarvin advised the Planning Commission did not make laws and could only require what the law required. Mr. Wilson Kimbrough expressed concern that the new land use plan was not in effect. He stated the Commission was supposed to make judgments and evaluations regarding the impact to the surrounding territory. Mr. Tarvin stated that was what the Commission was doing but he also wanted the residents to understand they had to make a determination as to where it stopped. He stated he was concerned about the impact on the area and how the lot size was not the same as the surrounding area. He asked staff to address the question of how the lot size impacted the value of surrounding property and the character of the neighborhood. Ms. Little stated that in preliminary studies they found development of the land increased the values of surrounding properties. She advised that did not deal with the residents' feelings about what was now a field or open space. She noted that, from a planning standpoint, the area to the south was a development with smaller lot sizes and the area to the north had larger lot sizes. She explained the transition area between the two would need to be lot sizes in between. She also advised that, in terms of a general plan, they had recognized they needed, especially on the outskirts of the city, one additional zone for transition. She stated they had come up with two new zones for transition to the less densely populated county areas. She went on to say the lot size had to be in relation to whether sewer was provided. She advised in this case sewer was expected to be provided. Mr. Tarvin asked if the lots to the south should be larger lots to make the transition. Ms. Little explained the larger lots should be on the north for the transition. She stated it was her understanding that all of the proposed development would be of similar lot size. Ms. Britton stated she felt they were being asked to ignore some laws concerning property outside of the city limits. She stated she believed the minimum requirement was 1 1/2 acres. a�� • • • Planning Commission August 9, 1993 Page 15 Ms. Little advised they were in a gray area, an area that was not within the city. limits but was within the planning area. She explained that, if the property were in the city and zoned A-1, there was a minimum lot size of 2 acres and in the county the minimum lot size was 1 1/2 acres. She further explained the 1 1/2 acre requirement was related to the provision of sewer. Ms. Britton asked if the county regulations specifically said that. Ms. Little advised she was not certain what the county regulations said but knew it was in relation to the sewer. Ms. Britton asked if the lot size also related to sewer in the city regulations or strictly to zone. Ms. Little stated Section 159.031, Suburban Subdivision (subdivisions outside the city limits) read as follows: "...Public sanitary sewer not accessible. Where a public sanitary sewer is not reasonably accessible, the subdivider shall be required to install a community sewer system, as approved...by the State Health Department standards and regulations; provided, if a community sewage system is not reasonably available or economically feasible, and the subdivision has been plated so that each lot has a minimum gross area of 1 1/2 acres, an individual sewage disposal system for each lot may be used..." She stated that, based on that section, lot size was specifically related to the sewage disposal. Me. Britton asked if that meant the ordinance protected them by saying if sewer was available they could accept a smaller lot size. Ms. Little stated that was her interpretation. Mr. McCord advised the minimum lot size requirement in the county and the city subdivision regulations was 10,000 square feet. He stated the proposed lots did comply with the minimum. He further stated the problem was the proposed lots were not compatible with existing neighboring lots. He contended the Commission had, on two other occasions, considered proposed lot size in relation to existing lot size. He further stated that was only one of many concerns presented by the residents. He advised a primary concern was the traffic hazard the development would create on Salem Road. Mr. Nickle stated he too had a concern about the traffic. He advised he did not believe they had received enough data from the staff on the traffic counts, on the impact the development would have on the traffic, nor specifics from the Traffic Superintendent about the condition of the road. He requested more information from some of the staff. He advised if the road came into the city through annexation it would be an expense to the city. He stated he was not sure that some of that expense should not be borne by the developer. He also expressed concern that the Corps of Engineers needed to look at the entire area. He stated that, since they had a plat showing future phases, he needed to consider the entire development and more detail on the drainage. NOTION Mr. Nickle moved to table the plat. Mr. Reynolds seconded the motion. The motion carried unanimously. a�3 • • • Planning Commission August 9, 1993 Page 16 PRELIMINARY PLAT - THE MASTERS WRIGHT & PENCE - S OF COUNTRY CLUB, E OF S. COLLEGE DR. The next item was a preliminary plat for The Masters submitted by Bill Rudasill on behalf of Dallas and Dee Wright and Eldon and Dryden Pence for property located south of Country Club, east of South College Drive. The property is zoned R-1, Low Density Residential, and contains 7 acres with 18 lots. Mr. Bunn stated the motion at the Subdivision Committee meeting was to consider only Phase I. He asked if that was the intent of the Planning Commission. Mr. Allred agreed it was the intent of the Subdivision Committee to forward only Phase I of the development. Mr. Bunn explained the development had originally been submitted to the Subdivision Committee at their meeting of July 15, 1993 and forwarded to the Planning Commission meeting of July 26. He advised the plat had been tabled in order for certain changes to be made in the plat and was subsequently reheard by the Subdivision Committee on July 29. He stated the original development consisted of 54 lots on approximately 20 acres, giving a density of 2.7 lots per acre. He noted the changes involved (1) a relocation of the entrance to the proposed development; (b) reduction -of the number of lots from 54 to 53, and (c) dividing the development into 2 phases rather than 3. He explained Phase 1 would consist of 18 lots while Phase II contained 35 lots. Mr. Bunn stated there had been no significant comments from any of the utility company representatives at the Plat Review meeting other than additional easements and street crossings requested and agreed to by the owner. He advised staff remarks included comments on the need for a tree preservation plan, sidewalks (developer plans sidewalks for both sides of the street), the need for a drainage and grading plan (for the overall subdivision and eventually for lots with grades exceeding 20%), and the need for a waiver on the maximum length of the cul-de-sac. He explained the Subdivision Committee considered the development for the second time on July 29th. He advised there were several members of the general public to comment on the project as well as representatives of the Fayetteville Country Club. He noted the issues raised at the Subdivision Committee meeting were basically the same issues that were brought up originally except that the problem of access over a private drive was taken care of by the revised submittal. He explained the main issues discussed at the subdivision meeting were whether the water system was adequate for additional development, the issue of traffic on 24th Street and the fact that there was only one access point for the entire area. He noted other issues raised previously included drainage and relative lot sizes. He advised that, after discussion of the issues, the Subdivision Committee voted to forward Phase I of the preliminary plat to the Planning Commission with staff comments. He advised drainage from the site would be directed to the east into existing drainage ways. He noted it appeared there were at least 3 existing drainageways along the east side which would take the majority of the drainage from the development. He stated Mr. Rudasill had submitted earlier in the day, some drainage calculations which indicated a very minimum increase in drainage. He advised he had not had a chance to verify those figures. He explained the development was not to the point where they normally required a detailed plan for the drainage. He did say, however, they would require the engineer to show the • • • Planning Commission August 9, 1993 Page 17 existing runoff from the site and to estimate the additional runoff which would be generated due to development. He stated the amount of additional runoff generated would determine how the drainage would have to be handled. Mr. Bunn stated there had also been a number of complaints at the Subdivision Committee meeting of low water pressures within the Country Club Addition and other development in the immediate area. He advised the engineering staff had not been made aware of any particular low pressure problems or complaints previous to the subdivision committee meeting. He explained the area was served by a water pump station located approximately 1,000 feet east of South School Street, just off 24th Street. He stated the station took suction from the 24 -inch line which looped around the south part of town from the tanks on Mt. Sequoyah to the Markham water storage tank. He went on to say an 8 -inch line went up into the Country Club Addition area where 6 -inch lines looped around the various streets. He explained the pump station had 4 pumps, one was a variable speed pump with a rated capacity of 550 GPM with 2 smaller pumps with capacities of 225 GMP each, and a standby fire pump with a capacity of over 1,000 GPM. Mr. Bunn advised that, from the standpoint of fire protection and the ability of the system to deliver proper fire flows, the development being considered would not present a problem and fire flows should not be an issue. He further noted that, in response to the questions regarding the adequacy of the system to handle existing and proposed flows in the Country Club areas, staff took the following actions: (1) placed a continuous pressure chart at the high point on the Country Club water system on Monday, July 26; (2) on the night of Wednesday, July 28, conducted flow tests on top of the mountain with the system being checked at flows ranging from 0 GPM to 980 GPM with residual pressures on top of the mountain as well as at the pump station being recorded; and (3) on Thursday, July 29, met with the engineers who had designed the pump station to discuss design data, operation of the station, and other matters relating to the Country Club system. Mr. Bunn explained the chart indicated a fairly stable pressure over the one week period that began on July 26. He stated the maximum pressure drop of about 25 psi occurred on Saturday morning at approximately 7:30 a.m. He noted the system recovered to normal pressure by 8:00 a.m. He stated there had been another pressure drop of approximately 10 psi occurring on Wednesday morning beginning around 7:00 a.m. and lasting for 4 hours. He advised that generally the system was quite stable with the chart showing spikes both above and below normal pressure at times. He explained the spiking activity was characteristic of water systems in which pressure was maintained by pumps responding to demands rather than by a water tank. He advised the flow tests were intended to give staff an idea of how the pressure at the high point varied with different flow rates and how the pump station responded to increased demands. He pointed out the flow tests results were detailed in the Commissioner's agenda packet. He stated the test results indicated the pump station operated as it should, with the large variance speed pump taking care of flows up to approximately 550 GPM and the second pump coming on after that to boost capacity and raise pressure. He advised that, with those two pumps on, staff was able to get approximately 840 GPM at the Country Club hydrant with a residual pressure of 58 psi (acceptable residual pressure is considered to be approximately 40 psi with the minimum being allowed being 30 psi). He noted further tests indicated the ability to get at least 980 GPM flow at the Country Club at a residual pressure of 40 psi with the fire pump running with the other two pumps with the minimum acceptable pressure being 30 psi. �1� • • 1 Planning Commission August 9, 1993 Page 18 Mr. Bunn stated staff's conclusion was that the city could deliver at least 840 GPM to the system with a residual pressure of 58 psi under normal operation conditions. He further stated the charts recording station pressure and flow which were routinely kept indicated a maximum instantaneous demand of approximately 480 gpm on Monday, July 26. He noted the country club use, at that time, was estimated to be approximately 65 gpm, giving a domestic demand of 415 gpm. He advised the country club did have a separate water source but, due to the sodium content of that other source, they used city water to water the greens. He stated that, at the same time, the pressure recording chart had indicated a residual at the country club of 90 psi. Mr. Bunn explained the peak flow for the houses was estimated to be 415 gpm divided by 110 houses, which equaled 3.8 gpm per house. He stated their projection for the flow for various stages of development. He advised the existing development (110 houses) with maximum instantaneous demand of 480 gpm, plus an undeveloped subdivision, containing 15 lots, plus infill, would make 150 houses with a maximum instantaneous demand of 635 gpm. He stated adding Phase. I of The Masters would make a maximum demand of 685 gpm and, if Phase II was added, the maximum instantaneous demand would go up to 836 gpm. He stated that, assuming 840 gpm was a maximum delivery to the system, then with the present conditions, the system was at 57% capacity; by adding the undeveloped subdivision and infill they would reach 75% of the capacity; by adding Phase I of The Masters they would be at 82% of capacity; and adding Phase II of The Masters they would be at 99% of capacity. He explained the conditions of flow and station capacity he had just reviewed tended to be on the conservative side because the flows were made at a single point and not distributed evenly within the subdivision, noting if the demands were taken off of each house the residual pressure would tend to be higher; the flow was not continued until the minimum residual allowable was reached, and the fire pump was not used to supplement the flows which would have produced flows of nearly 1,000 gpm at 40 psi residual. Mr. Bunn stated it was his conclusion that the existing water system was adequate to handle Phase I of the proposed development with a minimum of 20% reserve capacity. He advised engineering staff had not received reports or complaints of low pressure prior to the last several weeks and did not, at this point, have an answer to those who have experienced low pressure. He advised that, when meeting with the engineering consultants, they discussed the operation of the station in general, how the test results compared with the station design flows and pressures, and possible causes of the shut -down of the main pump at various times. He stated that generally staff believed the station was being operated as it was intended and the flow tests corresponded well with design expectations. He advised there had been no firm conclusions drawn regarding the cause of pump shutdowns which caused some low pressure problems on several occasions recently. He stated they were investigating the possibility that the problems were related to high temperatures within the variable speed drive controller. Mr. Bunn then addressed access and traffic, noting the issue of a single access point, not only for the subject development, but of the total Country Club Mountain area, had been raised earlier. He stated this involved the access for emergency vehicles such as police, fire, and EMS, and the traffic problems created by a single access. He explained the city had Trip Generation Software which indicated the existing development in the area (110 houses) generated an average of 1,050 vehicle • • • Planning Commission August 9, 1993 Page 19 movements per day. He stated the country club added to that total although the number of cars per day was somewhat uncertain. He noted standard trip generation software for country clubs did not really give satisfactory results because facilities and golf course uses varied so much from place to place. Mr. Bunn stated that, in order to get some actual numbers on traffic, they set a counter out and monitored traffic for three consecutive days. He advised the average was 1,255 cars with peak morning hour being 87 cars and the peak afternoon hour being 165 cars. He advised the proposed 52 lot development would generate another 506 trips per day for a total of 1,761. He noted that, with full development of existing subdivisions, it was estimated a total of approximately 2,260 trips per day would be generated. He reviewed a summary of the estimated traffic counts. Mr. Bunn stated the final issue previously discussed was lot sizes. He pointed out the average size of lots proposed within the proposed development appeared to be somewhat smaller than those in the existing subdivisions. He noted, however, the lot sizes did meet the requirements for the R-1, Low Density Residential, zoning. Mr. Bunn recommended that Phase I of The Masters Subdivision be approved subject to plat review and subdivision committee comments; submittal and approval of the detailed plans for water, sewer, streets, and drainage; submittal of a grading plan and drainage plan; construction of sidewalks and payment of parks fees in accordance with city ordinances; a notation on the plat of the lots which would require a grading permit under the city's ordinance; and conformance with the city's tree ordinance. He noted the conditions of approval were not intended to be a full listing of subdivision requirements that might be imposed on the development nor should they be interpreted to mean that other city, state, or federal requirements were being waived unless specifically stated. He advised it was also a recommendation of the staff that no further development, including Phase II, be approved within the water service area of the Country Club Pump Station until improvements were made which would provide the flows necessary for such development. In response to a question from Mr. Tarvin, Mr. Bunn explained that inclusion of Phase II would take the water system to almost 100% capacity and the pumps would not be able to deliver any more than the maximum instantaneous demand. He recommended nothing be added to the system until improvements were made. He stated the Country Club area really needed a water storage tank and staff was looking to place that in the C.I.P. He advised they had not made a decision as to what type of inter -measures could be put into effect which would increase the capacity in the event that further development was contemplated. He stated a larger pump could be added through the station and gain the additional flows needed. He further advised there were some additional flows that could be placed on the system but it was limited by the amount of pressures and the capacity of the water line system. Mr. Suchecki asked if that recommendation included undeveloped lots which had already been approved. Mr. Bunn stated it did not; that it only included new subdivisions. Mr. Nickle stated he had not seen any comment specific to traffic other than numbers. He stated the engineer did not make any conclusion. He asked if the City Engineer or Traffic Engineer had any comments. • • • Planning Commission August 9, 1993 Page 20 Mr. Bunn stated the city did not have any specific maximum traffic which a road would take under any specific conditions. He stated it appeared traffic would double on 24th Street with the addition of some infill in the existing subdivisions and with the full development of The Masters. He advised the norm was 10 vehicle trips per day generated by each lot, or 180 trips to the existing traffic count, totaling between 1800 and 1900 trips per day. Mr. Suchecki asked if there were any plane to extend Country Club Drive down the east side of the mountain to Morningside. He noted Phase II of the subdivision was dedicating access down the mountain. Mr. Bunn stated normally, those stated the city Club. the city had no plane to extend Country Club. He explained that kinds of streets were developed as subdivisions developed. He had nothing in the C.I.P. to provide additional access to Country Mr. Bill Rudasill, representing Wright -Pence Corporation, stated he had spoken with some traffic engineers in Little Rock regarding this issue and had found the the road would typically be maxed out at 9,000 trips per day. He advised traffic engineers started looking at improvements at around 6,000 trips per day. He stated that, with the conditions of the road being steep and windy, they needed to look at lower numbers as far as capacity, stating it would max out at 6,000. He pointed out the projected traffic counts were approximately 2,500, or less than half of the max out figure. He stated the only way to provide other access was to allow development to occur and move the street on through. He advised they had taken that into account when planning the subdivision. He stated he concurred with staff comments. Mr. Bill Greenhaw, attorney for the petitioners, stated the petitioners had complied with all of the minimum requirements set out by city ordinance. He reviewed some of those requirements. He noted the petitioner was planning to submit covenants which would make the proposed subdivision compatible with the existing subdivisions in the area. He agreed with Mr. Bunn's comment that the long term solution to the one access problem could be achieved through development. He advised if the proposed subdivision was successful, the property owners abutting the subdivision to the east had expressed an interest in subdividing their property on out to City Lake Road and Morningside Drive. He pointed out the owners of those adjoining properties had no objections to the proposed subdivision. Mr. Jim McCord, representing the Country Club, stated the Board of Directors was opposed to the approval of the preliminary plat of The Masters, Phase I, due to traffic safety considerations. He advised the Board was quite concerned about the safety of its 500 members and families as they traveled 24th Street. He pointed out 24th Street was the only access to the area and it was very narrow, substandard, very hilly with a hair pin curve. He stated the street was in need of repair and was inadequate for existing traffic. Mr. David Horn, representing a number of property owners from the area, referred to a petition filed with staff showing the number and identify of the protectants. He asked those who were opposed to stand (approximately 40 people stood). He advised that Mr. Bunn's report was impartially done and his figures showed the proposed subdivision was not exactly the ideal subdivision for development in the City of Fayetteville. He pointed out the impact on existing residences. He contended the city infrastructure was not equipped to support services in the area at the present time. He stated the city water system did not work properly, breaking down upon occasions; a water tank was needed; there was only one, two-lane road which was in disrepair to provide access to the area; • • • Planning Commission August 9, 1993 Page 21 and there were no plans for future development of added water systems; and no long range plans for additional city streets to the area. He claimed the area was saturated. He advised the Commission had a duty as planners to do something orderly which did not impact existing property. Mr. Tom Dorey, 2702 S. College Drive, advised he had walked the property in question and had noticed there was a natural deck drainage ditch which started at the Country Club property line on the No. 1 fairway. He stated it was approximately 2 feet wide at that point but 100 - 150 feet further down the hill the ditch was 8 feet wide. He contended when the vegetation was removed the water flow would increase tremendously. He also spoke about access, and expressed concern regarding traffic on the roadway during bad weather. He pointed out that, at the entrance of the proposed subdivision, there was a 15 - foot drop from the right hand side to the left hand side. He also noted development would be detrimental to the existing wildlife in the area. Mr. Jimmy Urgen, 2831 S. College, also spoke in opposition expressing concern regarding the roads, water, sewer, and traffic. He advised he was also a member of the Country Club and served on the greens committee. He pointed out there was a possible loss of the greens if they did not have adequate water and that meant a loss of several thousands of dollars. He further noted the Country Club had problems with water pressure. Ms. Sherlyn Cale, 349 Fairway Lane, advised she had called 6 to 10 times every year for the last 10 years regarding the water pressure at her house. She stated there was a water pressure problem in the area and there had been one since 1987. Mr. Jerry Hart, 160 E. 26th Circle, showed photographs of the roadway pointing out the problems with the road. He told the Commission the roadway was extremely dangerous. He further advised the FAA would never allow a water tank on top of the hill. Dr. Frank Grammer, 359 Fairway, told of the unsafe conditions of the road when it was covered with snow or ice. He advised a number of doctors from Washington Regional lived on the hill and, if there was additional traffic on the road causing accidents, he was concerned regarding the ability of those doctors to be able to go to the hospital. Mr. Dallas Wright, one of the petitioners, stated he currently lived on the hill at 2919 Wright Place. He stated this was his second development on top of the hill. He explained they wanted to insure the type of houses in the proposed subdivision were compatible with the existing houses and therefore would have covenants. He advised he relied on the city engineer's report and testing which said the infrastructure would handle Phase I. He further noted the street had always existed as it was, it was nothing new, and it would not matter how many houses existed on top of the hill. Mr. Bill Wyatt, a resident of Country Club Drive, stated he had a report stating there would be a 48% increase in traffic and he was quite concerned about the increase. Ms. Janette Summers spoke in opposition to opening the roadway to the east side of the mountain and develop that area. She stated quality of life was important. Mr. Dryden Pence, one of the developers, stated they had attempted to address the area residents' concerns. He advised they had met all of the city standards. He stated their objective was to have a nice subdivision which contributed to the future of the area and the future of the city. all • • • Planning Commission August 9, 1993 Page 22 Mr. McCord stated the developers had not complied with "safe and adequate vehicular and pedestrian access shall be provided to all parcels". He stated there had been an abundance of testimony that the existing street was unsafe. Mr. Horn contended the subdividers had proposed a marginal compliance with subdivision regulations. He stated there were other places more suited for development. He summarized comments from the area residents. He also advised the traffic problems alone were enough to deny the subdivision. He advised the Commission had a duty to listen to the citizens of the community and not approve and rubber-stamp development without close ecrunity. He further noted the residents had purchased their homes with the expectation of quality service from the city. He stated the area was now saturated. He further contended the current residents deserved protection. Mr. Rudasill stated there had been concerns expressed regarding the drainage. He advised the slopes on the hill were steep but the existing vegetation did not hold the water back. He pointed out the development would retard some of the run-off. He reviewed the drainage flow patterns and contended drainage would not be a problem. He further noted they planned on maintaining as much of the wooded areas as possible so the existing wildlife would still have an area. He also advised there would be at least a 30 foot buffer between the subdivision and the country club. He stated they would be providing a development which would add to the area. Mr. Greenhaw referred to a list of area property owners in favor of the proposed subdivision. He requested fair treatment for his clients stating they had complied with every standard imposed by the city. He stated they were asking for the same treatment given to any other developer. He stated the area was a desirable area to live and, if previous developers had been denied the opportunity to build, the current residents would have been deprived of the opportunity to live there. He stated hie clients just wanted the opportunity to Bell to people just like those in the audience. Ms. Summers stated it was a desirable place to live but there was a question of balance. She advised they needed to plan ahead, not just with this subdivision, but with all of Fayetteville. Mr. Hart told the Commission of the herd of deer which stayed in the same location as the proposed development. Me. Jane Wallock, the owner of farmland to the south of the proposed development, asked the Commission to consider the runoff. Ms. Marie Mitchell, a Country Club resident, contended the hill was saturated with development. She also pointed out the roadway was becoming very hazardous. Mr. Sickle stated that, if it was just 18 homes, it would not worry him but he could see development to the south. He also pointed out the R-2 property immediately to the north of the subject property. He further stated he did not know if the City Council was willing to spend money to widen the road. He stated some money needed to be spent on the infrastructure. Mr. Pummill asked if they were not just asking for approval of Phase I containing 18 lots. Mr. Suchecki advised they were considering only Phase I with 18 lots. Mr. Reynolds stated it appeared they were getting ahead of the public services; there were water pressure, sewer, street conditions, traffic, and drainage • • • Planning Commission August 9, 1993 Page 23 problems on the hill. He stated he believed they needed to look at those items before approving the subdivision. Mr. Springborn stated it appeared the principle problem was a matter of safety and public service. He noted he had heard no comments nor objections regarding lot size. He stated if there was a way to approve the preliminary plat and restrict approval of the final plat until such time as the city took care of the street and water pressure problem, he could go along with it. Mr. Tarvin stated it did appear there were some problems and sooner or later something had to be done to cause attention to be drawn to those problems. He suggested a motion to deny acceptance of the preliminary plat would be the action. which would cause some attention to be brought to the area. He stated he could sympathize with the developers but he was concerned that, if they approved Phase i it would open the door to subsequent phases. He further stated he would like to see the city do what was necessary to provide the infrastructure needed for proper development and protection of land owners. MOTION Mr. Tarvin moved to deny the preliminary plat for The Masters Subdivision. Mr. Nickle seconded the motion. The motion carried 5-4-0 with Commissioners Tarvin, Britton, Reynolds, Suchecki, and Nickle voting "yes" and Commissioners Springborn, Pummill, Cato and Allred voting "no". a$` • • • Planning Commission August 9, 1993 Page 24 CONDITIONAL USE CU93-23 - RADIO ANTENNA TOWER SWEPCO - SE CORNER OF SKYLINE & WILLIAMS The next item was a conditional use submitted by Bob Waldren on behalf of SWEPCO for property located on the southeast corner of Skyline and Williams and zoned R-1, Low Density Residential. The request is for a radio antenna tower. Mr. Conklin reminded the Commission this item had been tabled at the July 12, 1993 Planning Commission meeting because of a property line dispute with an adjoining neighbor. He advised the applicant had hired a professional surveyor to determine the location of the property line and had received a report. He stated the applicant was requesting to replace an existing 90 foot radio antenna pole with a 185 foot steel antenna tower and construct an operations building. He explained Use Unit 3 allowed public protection and utility equipment as a conditional use within R-1, Low Density Residential, zoning districts due to the special location needs of the equipment. He stated the antenna tower would be self supporting (mono -pole). Mr. Conklin explained that, as the request was an existing use and an increase in height and increase in the size of the operations building, staff recommended approval of the request. He further stated staff recommended the approval be subject to the applicant providing view obscuring fencing or vegetation along the west, north and south property lines. Mr. Bob Waldren, representing SWEPCO, advised they had amended the request and were requesting a tower of 120 feet rather than 185 feet in order to try to get along with the neighbors. He advised the survey did show there was ample room for the tower and operations building. He explained the unit would come on only during short test periods lasting approximately 10 minutes once a month or whenever the normal power systems failed. Mr. Suchecki stated the Commission had received correspondence from Ms. Virginia Fields and she had made mention of other sites which had been considered by SWEPCO. Mr. Waldren stated they had looked at a number of sites in both the Fayetteville and Springdale areas but there had been problems with all of the other sites; they did not give the coverage required. He further stated it would probably take 3 sites to cover the same area as would be covered by the one they were requesting. He stated they had found a site in Springdale which would have worked but FAA would not approve it. He noted FAA had approved the requested site. He reviewed the location of the existing sites. He also reviewed the planned system with the Commissioners. Mr. Suchecki asked what type of personnel and traffic would be at the facility. Mr. Waldren stated that, after construction, someone would be there once a month. Mr. Springborn asked the radius of service from the present antenna. Mr. Waldren stated the new system would reach out further. He stated the new tower was a line of sight. He noted he had some plots showing how it would look. Mr. Springborn asked about the use of an existing tower. Mr. Waldren stated they had looked at commercial towers but did not believe they were safe. He further stated it was not a guide tower. ag � • • • Planning Commission August 9, 1993 Page 25 Ms. Britton asked how a shorter pole would be adequate since they originally asked for a much taller pole. She also asked how long this pole would be adequate. Mr. Waldren stated it would be adequate as long as it was there. He explained the system was designed to cover 90% of the area, 90% of the time. He stated that, at the request of the neighboring property owners, they agreed to a smaller pole and could cover 70% of the area, 70% of the time. He stated they could not go any lower than that. Me. Britton asked if this was approved how long it would be before they had to come back asking for the higher pole. Mr. Waldren stated they would have to find another location rather than asking for a higher pole. He stated he would much rather have the 185 foot pole. He further noted there would be some microwave dishes on the pole. Ms. Britton stated she did not believe 40 or 60 feet higher would make that much difference and she would just as soon discuss the 185 feet. Mr. Waldren stated the objection was raised the 185 feet was so much higher and they were trying to get along with the neighbors. He stated they would be putting a redwood privacy fence around the building. Ms. Britton stated her concern was they would have to have another site together with the requested site. She further stated she would prefer having all at one site rather than having 2 sites in Fayetteville. Mr. Waldren presented pictures of the pole and the proposed building. Mr. Cato asked when the current tower was constructed. Mr. Waldren stated the original tower was in 1950. Mr. Reynolds pointed out SWEPCO had taken 65 feet off of the request just to try to get along with the neighborhood. Mr. Suchecki stated he agreed with Ms. Britton; that the height of the pole was not significant. He further stated if it would enhance the service and was approved by the FAA, he had a difficult time seeing what difference 65 feet made. Mr. Springborn asked if the communications would reach Bella Vista. Mr. Waldren stated he did not believe it would. Mr. Springborn stated it appeared the service was weighed to the south end. Mr. Waldren stated there was another tower in Rogers but it would not reach to Fayetteville due to the terrain. Me. Virginia Fields, a resident of Mt. Sequoyah, presented the Commission with a copy of the service area of SWEPCO. She referred to a letter she had sent to the Commissioners earlier listing some of the neighborhood concerns. She further stated the current tower did not contain microwave dishes nor flashing lights. She stated that tower was not as intrusive as the one proposed. She advised the proposed building was also intrusive and stated it would be concrete and not compatible with the adjacent properties. She expressed concern with the purpose of the tower and asked if it improved communications for SWEPCO or did it improve electrical service. • • • Planning Commission August 9, 1993 Page 26 She referred the Commission to Article 9 of the City Code where the utilities were specifically addressed and given guidelines. She requested the Commission make written findings with regard to the compatibility with adjacent properties. She expressed concern regarding the visual impact of the tower. She also noted SWEPCO was installing two other towers in more appropriate rural areas, Rogers and Prairie Grove. She contended there would always be frequency interference for utility companies due to the low frequency required by FAA no matter where the tower was located. She asked where they planned to draw the line on the use and extent of towers on Mt. Sequoyah. She contended this was not a compatible use. Ms. Fields also noted there was a proposal for a 500 gallon above ground propane tank to be placed on the site. She stated the Fire Marshall had determine such a tank would be a fire hazard and was not allowed in such a residential area under the city fire codes. She expressed her belief the conditional use could be granted only if the Commission's written findings showed that all alternative locations had been sought out. She further stated that, if the request was granted, the neighborhood would like to see further restrictions on the building, that it be more residential in appearance. She advised the neighborhood considered the 120 - foot pole much more feasible than the 185 -foot pole, due to the detrimental visible impact. Mr. Suchecki asked if there was a propane tank on the premises at the present time and, if so, the size. Mr. Waldren stated there was a 110 gallon tank presently on site. In response to a question from Mr. Suchecki, Mr. Waldren explained the tank was to run the emergency generator in the event of power failure. Mr. Pummill asked if they would be going from 110 gallons to 500 gallons. Mr. Waldren stated they were. Mr. Carroll Rainwater, Chief Operating Officer for Mt. Sequoyah, stated the tank was totally unattended and placed in an open environment. He requested the Commission deny the request from SWEPCO stating he represented the Conference and Retreat Center, the Board of Trustees and approximately 26,000 day guests. He presented pictures of the existing building and expressed his opinion it was more of a shack rather than building. He presented the history of the tower at the present site. He advised that, while the water tower was not "a picture of beauty", it was a necessity. He further stated that, with the technology of today, it was totally unacceptable to place either the 120 -foot tower or 185 -foot tower in a residential area. Mr. Rainwater continued by expressing concern regarding aircraft striking the tower since aircraft flew very low over the area. He stated such an accident could kill or injure several people He reviewed the history of Mount Sequoyah and asked the Commission protect the integrity of the area. He again requested denial of the request or tabling it for further study. He advised Mount Sequoyah had not received any notice either from SWEPCO nor the City regarding this request and, therefore, had not had adequate time to have the people affected by the decision to properly express their resistance. He also contended there were safety problems with the tower and the unattended propane tank. He reviewed various natural disasters in the area, pointing out if this type of structure were placed outside a residential age • • • Planning Commission August 9, 1993 Page 27 area and it fell, there would be minimal risk of life or property. He also requested that, if the subject site became unusable or abandoned by SWEPCO, that the city restrict selling of the site for an additional antenna, and the site be placed back into a residential type environment. Mr. Rainwater also noted the only access to Mt. Sequoyah was behind the first row of houses, through the 50 -foot lot area. He advised they would protest that thoroughfare being taken away. Mr. Suchecki advised that, in the event SWEPCO vacated the property, the conditional use would no longer be in effect. Mr. Tarvin asked how high the existing tower was above the ground. Mr. Waldren explained normally the pole was buried six feet plus 10% of the length of the pole, or approximately 75 feet above the ground. He pointed out the pole was not the highest pole at that location. Mr. Suchecki asked if the location of the propane tank had been discussed with the fire department. Mr. Waldren stated they had not. He advised that, if they received approval from the Planning Commission, they would then need to get approval from the Fire Department and a building permit. Mr. Suchecki stated it was conceivable the 500 gallon propane tank would not be allowed. He further stated they were aware of environmental problems and they were closely monitored. Mr. Springborn stated Mr. Waldron had wind and ice. He stated he believed it of ice. He further stated it sounded previously given the typical loading of was 62 miles per hour with a half of inch like it was cutting close. Mr. Waldren assured him the engineers had looked at the proposed tower and had assured SWEPCO the tower was safe. He pointed out the poles stayed in place and their communications stated intact during the 1989 winds when trees were down. Mr. Jeff Shanlin, 816 E. Skyline, stated the area had a unique visual character which was very valuable to the community. He advised that changing the height of the tower was an intrusion to the entire community. Mr. Ron Farmer, 1134 Skyline, cited safety concerns regarding enlarging the tower, as reason for denying the request. He advised the residents believed the Commission had an ethical and civic obligation to not put them at risk. Mr. Fred Hunt, a Mount Sequoyah resident, contended there was not enough room to place the tower on the subject property; that there was only 6 feet after meeting the setback. Mr. Suchecki informed him the Commission had received a survey of the subject property with the current date which demonstrated the legal description being the one presented by SWEPCO Frank Goudy, a Skyline resident, stressed the dangers of placing a taller tower stating a tornado could blow the tower down and it could strike existing residences. He also noted the proposed building looked more like an industrial building rather than a residence. a5� • • • Planning Commission August 9, 1993 Page 28 Mr. Rainwater pointed out a small gate on the survey advising the Commission that was the access to Mount Sequoyah. He expressed concern there would be an effort to shut them off from the gate and access to their property. Mr. Nickle stated he believed it was a good faith on the part of SWEPCO to reduce the height of the tower. He further stated he would be in favor of the 120 foot tower as opposed to the 185 foot tower. He advised the building would be fenced and screened from the area; that it was only a maintenance building. Mr. Waldren stated the proposed building would require less maintenance and be more functional. He did advise there would be an 8 -foot fence screening the building. He stated they would work with Mr. Raintree on access to the Mount Sequoyah. Ms. Britton stated her original comment about the height had not taken into consideration safety; that visually she did not find one height to be more detrimental than another, but she did see the shorter pole would be safer. She stated her concerns were that the building fit in with the residential area. She advised that, if the building were properly screened, the residents would not see it. She stated she was concerned about what people walking around Mt. Sequoyah would see since it was a scenic area which many visitors to the area made a point to see. She stated her concern was that the fence be set back from the street so it would have a residential feel to it. Mr. Springborn stated his concern was that the area, from a residential area standpoint, had changed substantially from when the first installation had been made. He advised that, from a technical standpoint, he was not satisfied that there were not other locations that would serve the area outside residential areas. NOTION Ms. Britton stated any hill she could think of was a residential area so she did not see the possibility of placing the tower in a commercial area. She further stated she saw this as necessary and, for the greater good of the community, she would move to approve the tower on the conditions agreed to (screening, setback, and 120 feet). Mr. Pummill seconded the motion. Mr. Conklin asked Ms. Britton be more specific on the fencing material. Ms. Britton stated she wanted wood fencing, eight feet in height. The motion carried 7-1-0 with Commissioners Britton, Nickle, Reynolds, Suchecki, Tarvin, Pummill, Cato and Allred voting "yes" and Commissioner Springborn voting "no". a$� • • • Planning Commission August 9, 1993 Page 29 WAIVER TO SUBDIVISION REGULATIONS - LOT SPLIT #1 GLENN MccURISTIAN - 1313 STUBBLEFIELD RD. The next item was Lot Split #1 submitted by Glenn McChristian for property located at 1313 Stubblefield Road which is zoned R-1, Low Density Residential. Mr. Bunn explained Stubblefield Road. into two lots of 0. stated the frontage this was a request for a first split of property at 1313 He noted the split would divide an existing 1.45 acre tract 725 acres each with approximately 105 feet of frontage. He. and size requirements of the R-1 zoning were met by each lot. He informed the Commission the widening of Stubblefield Road was in the city's Capital Improvement Program and was likely to be constructed either in 1994 or 1995. He advised construction would include the installation of a sidewalk on the north side of the street. Mr. Bunn recommended approval of the lot split and explained Mr. McChristian had visited with him earlier in the day and had expressed concern that Mr. Bunn had not warned him of the possibility the city would ask for half of the construction cost for his side of the road. He stated the city had done that along Stubblefield Road; there were several subdivisions and at least 2 lot splits that the city had asked for construction funds. He further stated Mr. McChristian was willing to pay for the cost of the construction of a sidewalk. He explained he was modifying his recommendation and asking for $550.00 which would be equal to the cost of the sidewalk. In response to a question from Mr. Cato, Mr. McChristian stated this was not part of a platted subdivision. He stated he was too old to mow the property and wanted to split off half of the lot and sell it. He explained he was willing to pay the cost of the sidewalk. MOTION Mr. Allred moved to approve the lot split subject to staff comments. Mr. Reynolds seconded the motion. The motion carried unanimously. sl • Planning Commission August 9, 1993 Page 30 WAIVER TO SUBDIVISION REGULATIONS - LOT SPLIT #1 PARTNERS & ASSOCIATES - N OF FUTRALL, R OF NORTH HILLS BLVD The next item was Lot Split #1 submitted by Tom Campbell on behalf of Partnere and Associates for property located on the north side of Futrall, east of North Hills Boulevard. Mr. Bunn explained the proposal was to split an existing 4.3 acre tract into two lots of approximate equal size. He reminded the Commission this property was the proposed North Hills Center which had been approved as a large scale development at the last Planning Commission meeting. He noted the lots being created were legal lots for the C-2 zoning district. He stated a letter requesting the split indicated the deeds would contain appropriate cross easements and a reciprocal parking agreement. He recommended approval of the lot split subject to all easements as requested at the large scale development, being granted by separate instrument prior to the split. He further stated it would be understood that all requirements as set out in the large scale development approval should also apply to each of the lots created by the split. Mr. Nickle asked if the Commission had to approve the split because the property was commercial. Mr. Bunn explained the size of the tract required the request to go before the Planning Commission. He stated anything less than 3 acres had to go before the Planning Commission. • In response to a question from Ms. Britton, Mr. Bunn stated the granting of the easements did not need to be approved separately. • MOTION Mr. Allred moved to approve the lot split subject to staff comments. Mr. Reynolds seconded the motion. The motion carried unanimously. a%% • • • Planning Commission August 9, 1993 Page 31 WAIVER TO SUBDIVISION REGULATIONS - LOT SPLIT #1 MARILYN SHOFFIT - 2406 OLD WIRE ROAD The next item on the agenda was a request for Lot Split #1 submitted by Marilyn Shoffitt for property located at 2406 Old Wire Road. The property is zoned R-1, Low Density Residential. Mr. Bunn explained the proposal was to split an existing 0.80 acre lot into two lots of 0.40 acres each. He advised the lots created by the split would be legal lots in the R-1 zoning district. He reminded the Commission the subject tract had been brought before the Planning Commission at the last meeting for a re- zoning to R -O but the request failed. He stated the lot sizes appeared to be compatible with the lots in the surrounding neighborhood. He recommended that the split be approved subject to the construction of sidewalks in accordance with the city's master sidewalk plan and the granting of an additional 10 feet of right-of-way off Old Wire Road to bring the right-of-way in conformance with the Master Street Plan requirements. In response to a question from Mr. Nickle, Mr. Bunn stated the lot with the existing building would continue to have the same access but the vacant lot would only access Township. Ms. Britton asked how the present structure related to the property lines. Me. Shoffitt presented a drawing showing placement of the structure. MOTION Mr. Springborn moved to approve the lot split subject to staff comments. Mr. Cato seconded the motion. The motion carried unanimously. Ms. Britton asked if there would be sufficient frontage on Township after taking of the right-of-way. Mr. Bunn explained the frontage requirements and assured her there was sufficient frontage. 9-0 • • • Planning Commission August 9, 1993 Page 32 OTHER BUSINESS: Mr. Suchecki stated the first item, case discussion by Jerry Rose, had been tabled until the next meeting. He suggested they discuss the revision of the sidewalk portion of the Subdivision ordinance and table the off-site improvement discussion. Me. Britton stated she believed they were asking a lot to have sidewalks built on both sides of the street. Mr. Conklin explained the item needed to be advertised 15 days prior to public hearing and it had only been advertised one day. The meeting adjourned at 9:45 p.m. al°