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HomeMy WebLinkAbout1975-06-26 MinutesMINUTES.OF A PLAT REVIEW.COMMITTEE MEETING A meeting of the Fayetteville at 9:05 A. M. in the Board.,of Fayetteville, Arkansas. Plat Review Committee was. held Thursday, June 26, 1975. Directors Room, City Administration Building, UTILITY REPRESENTATIVES PRESENT: CITY REPRESENTATIVES PRESENT: OTHERS PRESENT: Floyd Hornaday, Jack Whitting, Bill Schader, Frank O'Donnell, Roy Hawkins. Clayton Powell, Wally Brt, Pat McGetrick, Larry Wood, Bobbie Jones, Janet Bowen. Wayne Wainright, Larry Gage. SUNDOWNER REALTY The first item for consideration was the Large Scale Development Plan submitted by Sundowner Realty to put a trailer on a piece of property belonging to D. B. Thomas along Highway 112 and the 71 Bypass. (Same property rezoned to C-2 for Hatfield Pontiac - Cadillac and on which an L. S. D. was previously approved for Hatfield.) Mr. Wainright was present to represent. Comments were as follows: 1. Jack Whitting (Ozarks Electric): We have no problems on it. We have a line right in front. We need access in to where he wants his meter. I presume service will be overhead. 2. Frank O'Donnell (Arkansas Western Gas)- Mr. Wainright told Mr. O'Donnell that the trailer was all electric. Mr. O'Donnell: There will be no problem as far as we are concerned. However, if they do need gas, we will have to work something out to serve them from the North. Gas is available across Highway 112 about 150 feet away. To avoid boring the highway we would probably come from the North. 3. Roy Hawkins (Southwestern Bell Telephone): No problems. 4. Larry Wood (Planning Consultant): My recommendation to the Planning Commission would be that we turn this back to Mr. Thomas for a development plan that would cover all the property that was zoned C-2 for commercial purposes. We had the rezoning and a L. S. D. Plan finalized for Hatfield. Apparently that fell through. We had tied down right -of- way for Highway 112 and had tied down right-of-way and realignment of the parallel service road to the bypass as well as setbacks and setbacks from the Bypass. This L. S. D. Plan covers only a portion of that property zoned C-2 for Commercial purposes. 5. Clayton Powell (Street Superintendent): Based on Larry Wood's recommendation the right-of-way for all of the abutting county roads, streets, and highways, should be dedicated to bring them into conformation with the Major Street Plan. Also since it is such a Large Scale Development of C-2, if there are any further public dedications pertaining to streets or drainage I would like to see that before things proceeded any further. 6. Bobbie Jones (Planning Administrator): Mrs. Jones read a letter to Mr. Wainright containing Mr. Lieberenz'(Inspection Supt.) comments: 1. Mobile homes permitted only in mobile home parks or A-1 (Agricultural Zone) if there is 3 or more acres. and only on a temporary basis. 2.. Building Code permits pre -fabricated, modular construction, frame buildings both commercial and residential. As a general rule, the experience Mr, Lieberenz has had none of the single -wide mobile homes meet the building code standards. J • i Plat Review June 26, 1975. -2- Some of the double -wide, modular construction homes are getting certification from the Southern Building Code Congress for meeting the building code standards. Mrs. Jones: Without any construction information on this particular mobile home it was Mr. Lieberenz's feeling that it was very doubtful that it would meet the City Building Code and it is very doubtful if a building permit can be issued on this mobile home at this location. The -Zoning Ordinance says specifically that mobile homes can be located in mobile home parks and outlines exceptions for them in A-1 for three acres or more. I have an earlier note from Mr. Lieberenz stating that where the Zoning Ordinance says "use beneficial to the property owner but not for rental to .the general public", that, in his opinion, it would not include any commercial occupancy and that this section of the Zoning Ordinance was intended for dwelling purposes only and not for commercial. Mr. Lieberenz suggested I give you this pamphlet "Regulations on Pre -fabricated Construction of Mobile Homes in the City of Fayetteville". My comments are basically a repeat or to point out some previous comments from Mr. Wood and Mr. Powell. Highway 112 is shown as a major arterial street requiring 80 feet of right-of-way. Your plan indicates 80 feet North of the turning point and 60 South. I am not sure our plat book reflects that amount and it would need to be confirmed (7'-1-75) plat book only shows 50 foot of right-of-way for road along East side of this property). We are dealing with at least 3 separate sets of regulations. We are dealing with (1) the Zoning Ordinance which regulates primarily the use of property and it is zoned for commercial purposes. A real estate sales office is a permitted use in that zone. The setbacks are 50 feet from street right-of-way. Your insert does show sufficient setback provided the rights-of-way are as shown. However, before we can clear something in the Zoning Ordinance there is still the question of the trailer. We also have (2) our Subdivision Regulations. If this parcel is being cut out of and excluded from a larger piece of property as it was in existence on June 29, 1970, then you would need either a subdivision plat or a lot split to divide that off before issuing any building permits. Mr. Wood's recommendation was a plan of the overall parcel of property which could be done on a platted basis to divide it into parcels that could be developed individually. This would require bringing all those rights-of-way up to sufficient right-of-way width, and would require some assurance that the service road would be developed either then or on a contract basis with a lien on the property. Even on the lot split basis we are still getting back to the rights-of-way and service road. There is no way to get around the service road requirement because this is a part of a piece of property that abuts the bypass and there are ordinances that designate the bypass controlled access and require that any development on property abutting the bypass. (development_.is defined as being not only for building purposes but also for subdivision purposes if the purpose is to make a parcel available for a building permit) requires approval of the plan by the City Planning Commission and provision for 50 foot right-of-way (31 foot from back of curb to back of curb paved roadway) service road to connect with other service roads and to parallel the bypass. Mr. Wainright: There are no plans to my knowledge of subdividing this 9 acre tract for commercial purposes other thanthis real estate sales office. The plans Hatfield proposed fell.through a long time ago. I am merely leasing this acreage from Mr. Thomas for the use of the real estate office. Bobbie Jones: On development of property abutting the bypass the Board of Directors has approved some developments where there as not intent to develop the service road immediately but they have required the dedication and some provision that the service road will be built. The Board can approve these with different conditions and the City Attorneycan draw these instruments up and most of them are written to require the construction of the service road at the City's call which could be an indefinite period of time. I am not sure .they would require the construction of this but I am sure they would require the dedication of right-of-way and provision for the eventual construction of the service road. S/ Li n no • Plat Review -3- June 26, 1975 Planning Consultant Larry Wood pointed out where the service road.. was shown on the Hatfield plan (south., of the commercial)and .Bobbie.Jones.also .pointed out that'on the previous plan (Hatfield's) that they were working with the Water Department on an agreement to participatein the .cost of extending a water line. I think there may have been a signed agreement. Mr. Wainright: There was considerable time put'in on the Hatfield plan but it is no longer in a istence, and to my knowledge there are no negotiations in the process at this time. Street Superintendent Clayton Powell said with all of the previous transactions on this 9 acre tract zoned C-2 Commercial was the reason Fayetteville has the problems they do today (piece -meal development) in incremental phases and with no public improvements. He said it needed to be considered how long this "temporary" building would be there. Mr. Wainright said he had it leased for 6 months. Mr. Powell then asked what the plans were for it after the 6 months were up. Mr. Wainright: If the real estate office proves to be feasible, I would like to construct a permanent office. I think a year would prove it feasible. Clayton Powell: We have to make you aware that we have to consider what the property owner has planned for the rest of this acreage. Mrs. Jones: I think in my letter to you about the designation of controlled access highway, rights-of-way, and construction of the access road I also pointed out that when this is done the developer would have to agree in writing that at the time when the service roads are constructed to provide access back to a main street that any access points granted by the Highway Department would be closed. On signs, you will be permitted only one ground sign. There is the possibility that one ground sign would be permitted for the total acreage unless Mr. Thomas files a subdivision plat to subdivide it into different parcels. Contact the Inspection Department on signs; the ordinance permits a sign maximum of 75 square feet in area. Where the property abuts a controlled access highway 200 square feet in area is permitted, but I do not know which will apply in this case. The height of the sign can be 30 feet above the road bed of the street on which it faces, and must be 40 feet from any street right-of-way. City Engineer Paul Mattke is not here. I would like to have his comments. I think the main question now is, if you cannot move the trailer to the property, P, will you want to back out or pursue it. If you want to check to see that the trailer will meet the building code, there is a list of manufacturers' names that you can check to see if it is on there. Mr. Lieberenz will need to know the manufacturer to determine whether or not it is acceptable. cid Clayton Powell (Street Superintendent): If the Planning Commission and the City Board do approve this, you will need to obtain a driveway permit which is issued in the City Engineer's Office. Planning Consultant Larry Wood told Mr. Wainright that he could submit the plans that were proposed by Hatfield which would include easements. Even though the rest of the property may not be developed right now, he felt it would be better to solve all the problems ahead of time. The next item to be discussed by the Plat Review Committee SHONEY'S members was the L. S. D. Plan to construct a "Shoney's" on High- way 71 North of Northwest Arkansas Plaza on property owned by General Growth Properties. Larry Gage,•Manager of the Northwest Arkansas Plaza, was present to represent. Comments were as follows: 1. Larry Gage (Manager, Northwest Arkansas Plaza): The only change in the last plans that we submitted is that the building site is shown longer and narrower so it will fit on top of the hill. Mr. Gage did not think there would be any future building plans on the part of the property North'of Shoney's parking. 2. Larry Wood (Planning Consultant): No comments. 5c J y • Plat Review June 26, 1975 3. Frank O'Donnell (Arkansas Western Gas); .Our main line is to the East. We can come off that and meter away from the parking area right on the crest of the hill where the meter would be out of the way somewhere. (This lateral line would be to parallel with. the Northproperty line.) 4. Jack Whitting (Ozarks Electric): We plan to set a transformer at the back of rr this property(site) then we would take the service nearer to the building. We asked for a 10 foot easement on either side of the West property (building site) line on the previous plans and.this still applies. We are going to come down and parallel the existing access road on the North side of the Mall to tie up there r?i and come to the property line and go directly back to the back property(West) line. We will need an easement here. r 5. Roy Hawkins (Southwestern Bell Telephone): I will be going in the same easement except change that to a 20 foot easement. This will be running parallel to the curb line of the existing service road that is running on the North side of the Mall. Since your parking lot will be completely paved, we will require a 1 -inch conduit from the building and I would prefer it to run directly South from the building to the 20 foot easement. 6. Floyd Hornaday (SWEPCO): No comments. 7. Clayton Powell (Street Superintendent): In the previous submittal the Mall officials agreed to dedicate right-of-way to carry the service road to the North property line. They also agreed to post a bond for future construction of this service road The only problem I can see is that with a completely paved parking lot and with drainage going to the Northeast the on-site drainage needs to be controlled since there is no service road to carry the drainage run-off from the site. Once the service road is extended if it were designed where curb and drainage could be incorporated in with the service road drainage it would be better for the owner. In answer to Mr. Gage's question, Mr. Powell said if they could design the on-site drainage structures permanently now to take it off the on-site area rather than emptying.. it out across the dedicated right-of-way there would not be a problem with it in the future. 11 enclose the trash container area, leave it open on thefront. Call me when you are ready for service. 8. Wally Brt (Sanitation Superintendent): No problems. If you decide to 9. Bobbie Jones (Planning Administrator): I do not see a typical size on your parking spaces. They should be 10' x 20'. On the proposed access service road that you show along the East between it and the bypass right-of-way we will need the dedication of this right-of-way. I cannot waive this requirement. Also, we need a contract or a performance bond for the future development of that service road when the property to the North develops. The ordinance requires the dedication of the right-of-way and the assurance the road will be built before the Board of Directors can approve the development plan and before we can issue a building permit. Mr. Gage asked about the bond and Bobbie Jones told him that a contract to the effect that if the service road should be brought to their property line they would go ahead and complete it across their property to their North property line would probably be acceptable. 53 A • Plat Review Committee June 26, 1975 -5- Street Superintendent Clayton Powell commented that at one time it was proposed for the construction. of an apartment complex and/ox condominiums to the West of this site. If this should .develop into apartments or condominiums and it generates a lot of traffic, whichit obviously would do, and the contract is drawn up to specify that at the call of the City General Growth would complete the construction of this service road, and there is no other provision arranged to accomodate this traffic, the Mall properties might be called upon to share the cost of building a bridge across the creek to get to Johnson Road to the North. Mrs. Jones then raised the question to Clayton Powell about the proposed access road which the plan shows between the Shoney's building site and the Mall. The plan does show a proposed 50 ft. right-of-way for future dedication. Would it not be best to go on and get the right-of-way dedicated to the West side of this site? In any event, they should submit plans and profiles for your approval and have you inspect the work during construction if they want the City to accept it as a public street. Mr. Powell agreed that if they are proposing this as a public street, the plans and profiles must be approved by him before construction and the construction of the street inspected at certain stages of the construction. He also pointed out that on a public street the driveway entrance should be a minimum of 50 feet from the intersection of the rights-of-way of the two streets. Mrs. Jones repeated that the Board of Directors, by ordinance, has to have the dedication of the easements and rights-of-way before they can approve a large scale development plan and before the building permits can be issued Also, the parking areas and all of the improvements incidental to the service of the building (proposed access road, extension of water and sewer lines, etc.) would all have to be done (or a performance bond posted for their completion) before the building can be occupied. This is an amendment to the ordinance that was made even after the construction of Sambo's. You should get with City Attorney Jim McCord on your contract and get with someone who can prepare the legal description or the actual document (either one of the two) on the easements and on the rights-of-way. You will need an engineer to prepare the plans and profiles on the access road for Mr. Powell to approve. CONSTRUCTION OF MITCHELL & STONE STREETS The last item concerned profiles of the construction of Mitchell Street and Stone Street from Eastern Avenue to Sang Avenue which was submitted by Street Superintendent Clayton Powell. After a lengthy discussion the utility representatives explained that there were numerous problems that would have to be worked out. It was finally decided that the two streets needed to be staked out so the utilities would know where their services would have to be located. Pat McGetrick of the Street Department said he would stake them out and utility representatives could meet at the site location to determine what would have to be done. The utilities also indicated that they would want to be reimbursed for the cost they incurred in relocation. There was no further discussion. The meeting was adjourned at 11:02 A. M. (