HomeMy WebLinkAbout1979-02-15 Minutes•
•
•
MINUTES OF A PLAT REVIEW COMMITTEE MEETING
A meeting of the Fayetteville Plat Review Committee was held on Thursday,
February 15, 1979, at 9:00 o'clock A.M. in the Board of Directors Room, City
Administration Building, Fayetteville, Arkansas
CITY REPRESENTATIVES PRESENT: Bobbie Jones, Gail Biswell, Clayton Powell,
Don Bunn, Larry Poage and Wally Brt.
UTILITY REPRESENTATIVES PRESENT: John Kehn, Dick Shaw, Floyd Hornaday, and
L. 0. Ferguson.
OTHERS PRESENT: Jerry Sweetser, Robert Windham, Neal Albright, and Jim Moody
(Arkansas State Highway Department).
The first item for discussion was the pro-
posed Large Scale Development plan of Jerry
Sweetser for a 23 -unit apartment building to
be located at Storer Street, north of Lawson
Street. Mr. Sweetser and Robert Windham were
present to represent.
JERRY SWEETSER
Large Scale Development
Storer Street
1. Clayton Powell (Street Superintendent): Stated that there is not a street
constructed to this point, but that the Planning Commission would probably
require that Storer be constructed to minimum city street standards. (Bobbie
Jones noted that Storer was vacated ten (10) feet in from the beginning of
this development on to the end of the development by ordinance of the City
Board of Directors. She noted, however, that the entire 40' width of the
former street was left as a utility easement.) Mr. Powell continued, stating
that if the Planning Commission does require the construction of Storer,' he
would need engineering plans and profiles to review. He stated that if the
developer should run into any problems with drainage on the lot that he could
tie into existing storm drainage lying along the north -south intersection of
Leverett and Lawson Streets.
Although Mr. Powell agreed that this one -acre lot would not meet PUD stan-
dards, he stated that he would like to see Storer completely vacated and main-
tained as a private drive. He said: "I fail to see any reason for a city
street that goes nowhere except to a parking lot. However, there are a couple
of other small lots that use Storer as an access road."
2. Larry Poage (Fire Inspector): Suggested that they not combine the storage
room with a furnace room. Mr. Windham responded that the units would be all
electric so there would not be a furnace room. Mr. Windham stated that the
hot water heaters would be located in walk-in closets. Larry Poage questioned
whether they had plans for firewalls and Mr. Windham responded that "all party
walls will meet the necessary fire ratings in the code."
Larry Poage also stated that fire extinguishers would be needed and he
recommended that they be the kind that are set in a glass box and must be
broken out. He said that one unit for each 1,250 sq. ft. of building would
be needed. He said that either 10 lb. or 5 lb. units would be needed, but
that Mr. Windham should contact him later in order that they could ascertain
the exact size needed.
Plat Review Committee Meeting
February 15, 1979
Page 2
3. L. 0. Ferguson (Warner Cable): Stated that they would require a conduit under
any concrete or paved area so that they could place their cable without cutting
into a paved area He also asked that they be notified in time to pre -wire
before any sheetrock is put up.
4. Wally Brt (Sanitation Superintendent): Mr. Brt and Mr. Sweetser engaged in a
lengthy discussion concerning placement of the trash dumpster. It was finally
agreed that the dumpster would be left in its presently proposed location, ex-
cept that the trash would be picked up from the North side (Ralph Freeman's
property). Mr. Sweetser agreed to pave in front of the trash dumpster on Free-
man's side of the property up to and connecting with Freeman's concrete dumpster
pads.
5. Don Bunn (City Engineer): Stated that sewer is available on site, but there
will be a main extension fee of approximately $1,380.00, according to the lot
size. He stated that if the lines are extended by the developer, the City will
not charge for the extension fee.
He stated that water is available on Lawson and that it will have to either
be extended up Storer to the end of the property by the developer, or they will
have to pay the City to extend the water lines (the charge would be approxi-
mately $1,000.00). Mr. Bunn also stated that the lines would only have to be
sized according to the needs of the apartments since the lines would be dead -
ending at that location.
Mr. Bunn stated that he would check with Donnie Osburn to see if the 1I"
water meter proposed would be sufficient.
6. John Kehn (Arkansas Western Gas): Stated that, although the apartments would
be all. electric, he would request that the utility easements between Lawson
and the development be left permanently in the event the developers should de-
cide to close Storer Avenue and make it a private drive. He stated that the
gas company would want to be sure they could still serve other lots in the area,
even though these apartments would not be using gas. Mr. Sweetser replied that
the utility easements were already there and that he had no intentions of re-
moving them.
7. Dick Shaw (S. W. Bell): Stated he would want a 15' utility easement around
all boundaries of the property. Bobbie Jones noted that Mr. Sweetser would
have to move his building over 6 inches to the East since there is only a 14'6"
clearance on the west property line. Mr. Sweetser asked Mr. Shaw if he would
consider taking only 14'6" on that side and Mr. Shaw refused. Mr. Shaw stated
that they would need the full width since there would also be other utilities
in the easement. He continued: "I will not bury cable under concrete, period."
After considerable discussion, Mr. Sweetser agreed to move the building over
and give Mr. Shaw the entire 15' easement on all four sides of the property as
requested.
Mr. Shaw stated that the 40' utility easement Mr. Sweetser claimed to have
running up through the middle of the property was not a utility easement on
his plat books, but only a street. Mr. Shaw was upset that the City Board had
vacated that portion of the street without notifying the utility companies.
Plat -Review Committee Meeting
• February 15, 1979
Page 3
•
He stated: "I would like to go on record at this time that anything that is
closed like this that I would appreciate (although I may not be able to hold
them to it), I would like to see the plans before they close it." Mr. Sweetser
asked for an explanation and Mr. Shaw responded: "All of a sudden we get a
situation like this where the City plat book shows a 40' street and then we
come in here and they have it as a 40' utility easement. The plat book doesn't
show it as an easement, just a street. What would happen if they decide to
close a street and we have a line through there and they don't leave it as
at least a utility easement. That's happened to us before and then we've got
problems." Mr. Windham stated that he had called every utility company to
find out if they had any lines in the street before he came to the City asking
for the street to be closed. Mr. Shaw responded that he was not saying that
this had not been done, but that what bothered him was that the City has set
up standard procedures for vacating streets, but that the City can and does
over -ride those standard procedures. When they do that, he stated, that is
when they give the utility companies all the problems.
8. Floyd Hornaday (Swepco): Stated that he would need a transformer pad and a
2" conduit. He stated that he would like to come up the East side of Storer
to the south property line and put the last above -ground pole there, and then
go into the lot underground. He stated that this would allow for electrical
services on. the East side of the property should Mr. Sweetser decide to extend
development in that direction in the future. He also stated that he would need
a 2" PVC from the last pole on the east (along the south property line) running
under the concrete to wherever they decide td put the transformer pad. He
stated that if they wanted to put the transformer pad about halfway up the
property on the West side of the building that this would be fine, except that
it should be turned to face south to allow working room. He also said that
the transformer pad would need to be a minimum of 5 ft. away from the building.
Mr. Hornaday stated that he would like a 2" PVC across the width of Storer
at the entrance of the development. Mr. Shaw and Mr. Ferguson also echoed that
request.
9. Bobbie Jones (Planning Administrator): Stated that she would require that
the scale (1"=30') as well as a North arrow be added to the plat. She ques-
tioned if there were plans for development of Mr. Sweetser's other property to
the east. Mr. Sweetser stated that he did not have any plans for it at this
time and would not have any until he could acquire additional land.
Mrs. Jones questioned who had told the developers that 10' from the off-
street right-of-way would be sufficient for additional street frontage.
Mr. Sweetser responded: "Bobbie Jones did." Mrs. Jones stated that she did
not remember telling him that. Mr. Sweetser responded: "If you'll remember,
we came and talked to you when we closed it (the last 200 ft. of Storer Ave.)
and you said that if we'd run this in 10 feet, with the 50 across the front
it would give us 70 feet." Mrs. Jones responded: "You've only got 40 ft.
across the front with the 10 and 10." Mr. Sweetser replied: "I was under
the impression that this was the right amount of frontage after our conversa-
tion with you. So, we went back and closed the street on the basis of your
recommendation."
Plat Review Committee Meeting
• February 15, 1979
Page 4
Robert Windham questioned Mrs. Jones whether there would have been any
difference if they had not closed the street at all, but had left it to run
the length of the property. If they had done that, he stated, they would now
have all the frontage they would have needed.
Mrs. Jones stated: "I agree that they way you've proposed here is prob-
ably the best way to do it, but I'm having trouble with the ordinance and I'm
not sure that I can waive the ordinance. I don't think I can. Let me explain
to you what the ordinance requires, from various sections of the ordinance.
For three or more units it requires a 90 -ft. lot width, which you have. But
when you look up the definition of 'lot width' it says that 80% of that re-
quired lot width has to be at the street right-of-way line. Eighty percent
(80%) of 90 is 72."
Mr. Sweetser questioned whether if he dedicated 10 ft. of the street back
to the City if this would solve the frontage problem. Mrs. Jones stated that
it wouldn't since "it would throw your parking off." She stated: "I feel,
although Mr. Grimes doesn't agree with me, that the Board of Adjustment could
waive that requirement."
Mr. Sweetser responded that he did not want anything to do with the Board
of Adjustment and that, if he had to, he'd move his parking before he'd go to
that Board. He said: "Bobbie, you've sent me to the Board of Adjustment a
couple of times before and made me look like an idiot. I went on your recom-
mendation, just like I did on this street closing. Before I'll do that again
... I'm not going to do it. I'll just ash can the whole project."
Bobbie Jones then replied that the ordinance made an exception "if there
is a cul-de-sac.". Mr. Sweetser argued that, no matter whether they built a
cul-de-sac or not, they would still have the same thing as they do now --a
street dead -ending at the parking lot of the apartment building.
Mrs. Jones again stated that -she agreed that his proposal was probably the
best way to develop the area, but he had to meet the ordinance. Mr. Sweetser
stated that he would like to give the City back another 10 ft. of the street.
Mr. Windham stated that Mrs. Jones had led them to believe that Storer was a
50' street in the very beginning and that they had planned the site thinking
that they were in compliance with the ordinance. Now, he stated, we have to
come up with 12 more feet somewhere.
Discussion continued on the street frontage problem. Mr. Sweetser finally
agreed to discuss the matter with City Attorney Jim McCord and let Mr. McCord
make a recommendation as to whether they needed to rededicate back to the City
a 10 ft. portion of the vacated street, or whatever.
Mrs. Jones then stated that the following also would need to be done:
1. Developers would need to submit a history of the ownership of the
property dating back to June of 1970 at the time they request a building
permit,
2. Parking area would need to be paved, striped and wheel -stopped before
apartments are occupied;
3. An as -built plot plan showing the locations of the utilities and other
improvements on the lot would need to be submitted;
4. The plans would have to be approved by the Building Safety Division of
the State Board of Health. (Mr. Sweetser replied that he had already
obtained this approval.)
•
•
Plat Review Committee Meeting
February 15, 1979
Page 5
S. Each page of the plans would have to have an architect's stamped signature
as well as the standard architect or engineer's paragraph. (Robert Windham
stated that he had already submitted two such copies of the plans to her
office.)
Mrs. Jones stated that she would need a revision by noon Monday in order to take
these plans on to the Subdivision Committee on February 26th.
The next item for discussion was the pro-
posed final plat of Usonia Terrace Addition
located on Old Missouri Road; Ball Family Trust,
owner and developer. Mr. Neal Albright, engi-
neering consultant, was present to represent.
USONIA TERRACE ADDITION
Final Plat
Old Missouri Road
1. Clayton Powell (Street Superintendent): Stated that he needed as-builts,
engineering certification as to debts and obligations having been paid in full,
engineering plans and profiles. "Otherwise," he stated, "it looks great."
2. L. 0. Ferguson (Warner Cable): Stated that cable is not available in that
location.
3. Jimmy Crownover (Ozarks Electric): Not present at the meeting, but submitted
comments that the easements as shown would be sufficient.
4. Wally Brt (Sanitation Superintendent): No problems.
5. Don Bunn (City Engineer): Water and sewer facilities are constructed within
the subdivision, although sewer lines are not yet constructed to the lots.
He stated that those lines should be constructed and available for hook-up
to the lines within the subdivision by the end of the summer. He stated that
he had as -built plans and a letter of certification as to the final costs of
improvements.
6. John Kehn (Arkansas Western Gas): Stated that the North side Of Lot 5, Block 1
should show a larger utility easement and that the North side of Lot 6, Block 2
should also show a larger utility easement. He stated that they have an exist-
ing 3" high pressure line running parallel to Old Missouri Road along the North
sides of lots 5 and 6, and that they also have a 2" line running• through a por-
tion of lot 6. He stated, however, that he would not be able to state the exact
width he would need for those easements until he could pinpoint the exact lo-
cations of the lines.
7. Dick Shaw (S. W. Bell): Stated that whatever easements Mr. Kehn would ulti-
mately ask for would be fine for the telephone company, also.
8. Bobbie Jones (Planning Administrator): Stated that she would need a Bill of
Assurances stating that no more residences would be built until all the improve-
ments (sewer, in this case) are completed. (Mrs. Jones later checked her re-
zoning file and found that a Bill of Assurances for Sewer Improvements had been
executed on February 20, 1978, and filed for record with the Circuit Clerk of
•
•
•
Plat Review Committee Meeting
February 15, 1979
Page 6
Washington County on February 23, 1978, at Book 957, Pages 560-561.)
Mrs. Jones reviewed the fact that the setbacks and utility easements on
the North sides of Lots 5 and 6 would need to be enlargened, but stated that
Mr. Kehn would need to pinpoint the exact locations of those lines before he
would know exactly what widths would be needed. (Mr. Albright and Mrs. Jones
later agreed with Mr. Kehn that a 40' utility easement and building setback
would be needed for Lot 5, Block 1; and that a 50' utility easement and build-
ing setback would be needed for Lot 6, Block 2.)
Mrs. Jones questioned what the 25' utility easement on Lot 1, Block 1 would
be used for and Mr. Albright responded that it there solely to accommodate a
a water line.
Mrs. Jones stated that sidewalks are not shown on the plat and asked if
they had been constructed with the street. Mr. Albright responded that the
sidewalks had not been constructed. Mrs. Jones stated that Mr. Ball would need
to choose one side of the street for sidewalks, and that the sidewalks would
need to be constructed around the cul-de-sac. She stated that Mr. Ball would
get his choice of which side of the street to build the sidewalk, but that
the individual lot owners would have final responsibility for building them.
She also stated that street lights would be needed as follows: one at
the intersection of Old Missouri Road and Taliesin Lane; one at the cul-de-sac;
and one about halfway inbetween those two points (she stated that the Planning
Commission might waive this last location). She stated that the street lights
would need to be shown on the plat and that they should be constructed within
the street right-of-way.
Mrs. Jones questioned whether there would be any Protective Covenants for
the subdivision. Mr. Albright stated that he would check with Mr. Ball about
the covenants. Mrs. Jones also stated that the fee would need to be paid
($11.00). She said that she had not yet checked the legal description on the
plat for accuracy, but that she would do so. She said that she would need a
revision by noon Monday to go to the Planning Commission on February 26th.
Also present at the meeting was Mr. Jim Moody ARKANSAS STATE HIGHWAY DEPT.
with the Utility Section, Right -of -Way Division, Discussion on Utilities
Arkansas State Highway $ Transportation Department. $ Rights -of -Way
Mr. Moody was present to discuss the relocation
of utilities on Highway 71B from Archibald Yell
to the intersection of Highway 71B and Highway 71
By -Pass.
Don Bunn, City Engineer, said he was not sure whether they would be permitted
to leave some of the lines within the highway right-of-way or not. Sid Noorbakhsh,
Assistant City Engineer, showed some changes which the City proposed to make in
relocating water and sewer lines. Mr. Moody said that the Highway Department will
construct a roadway 59 feet wide from back -of -curb to back -of -curb with a 4 ft.
asphalt sidewalk on both sides of the road. He said that the State does not want
manholes where there will be -wheel traffic over them. He also noted that the City's
proposal did have some manholes located in that manner and stated that he would
have to refer those to other departments of the SDHTD for other opinions. He told
Mr. Bunn that if the City would stay at least 3 feet beyond the curb and offset
around the drop inlets that there shouldn't be any conflict with the storm drainage.
•
•
•
Plat Review Committee Meeting
February 15, 1979
Page 7
Mr. Bunn said that the City planned to have the sewer primarily on the East
side if the right-of-way, but that there would be places where they would have to
relocate sewer on the west side. Water would be on both sides (a smaller line on
the West side of the highway for domestic service), but there would be places
where they must cross the highway with the larger water line for fire protection.
Mr. Bunn asked if he and the other utilitie's would be allowed to open cut for their
service line crossings before widening of the highway, or would they have to bore
under the highway. Mr. Moody said that decision would have to be made by the
District Engineer. Mr. Noorbakhsh said he would try to have the detailed plans
for the City's relocation of water and sewer lines completed by February 23.
Mr. Bunn said that the City hopes to open bids on these projects in May and start
construction in June.
Mr. Moody stated that the plans he is primarily interested in seeing are those
for the utilities that will be left in or placed in the highway right-of-way. He
stated that the Utility Division of ASHTD needs S sets of the plans for the relo-
cation of all utilities and a letter stating what reimbursement figures to expect.
The other utility representatives indicated that they needed to know what the
City's relocation plans were before they could complete their plans. John Kehn,
Arkansas'Western Gas Company, said the gas line would have to be relocated and for
the most part would be relocated on the West side. He said they could finish their
plans in about 2 weeks, if they could see where the City water and sewer is going.
Floyd Hornaday, Southwestern Electric Power Company, said they will be aerial
on the East side and would need about 18 inches of the utility easement acquired
for their poles. He stated that they, too, could not complete their plans until
they see where water and sewer would be going.
Andy Calloway, Southwestern Bell Telephone Company, said they will relocate
completely, going underground conduit system with a 2 ft. wide by 3 ft. deep encase-
ment with a minimum cover of 48 inches. He discussed with Mr. Bunn how deep the
conduit would need to be in order to make service connections for water and sewer
across the encasement. He said that they would agree that all manholes will be a
minimum of 48 inches in depth (top of box) and all conduits (top of casing) would
be a minimum of 5 feet. He said they will need an easement all the way from Sixth
Street to the end of the project and on the East side. He also needed to see the
City's relocation plans.
It was discussed that the City would be responsible for obtaining easements for
relocation of all utilities and would try to obtain a 25 ft. wide easement all along
the East side. Mr. Ed Connell said that there are places where it will be difficult
to obtain any easement outside the highway right-of-way because of existing build-
ings located so close to the highway. There was some question as to how much the
City would bear the cost of relocation of the utilities, other than for the ease-
ments.
Mr. Moody said that the ASHTD wanted to open bids on their project in March.
There being no further business to come before the meeting, said meeting adjourned
at 11:30 o'clock A.M.