HomeMy WebLinkAbout1980-07-03 MinutesMINUTES OF A PLAT REVIEW COMMITTEE MEETING
A meeting of the Plat Review Committee was held Thursday, at 9:45 A.M.,
July 3, 1980, in the Board of Directors Room, City Administration Building, Fayetteville,
Arkansas.
UTILITY REPRESENTATIVES PRESENT: Kenneth Wagner, Dick Shaw, Ivan Bromley, L. 0.
Ferguson.
CITY REPRESENTATIVES PRESENT:
OTHERS PRESENT:
Bobbie Jones, Cynthia Stewart, John Durham, Don Bunn,
Wally Brt, Clint Hutchens, David McWethy.
Ross Fefercorn.
The first and only item for consideration
was the Preliminary Plat for the Brophy Circle
Townhouses, a Planned Unit Development, located
North of Township Road, and West of Brophy
Circle, Ralph Brophy, Owner, Ross Fefercorn
and Thomas Prokasky, Developers.
BROPHY CIRCLE TOWNHOUSES
PRELIMINARY PLAT
NORTH OF TOWNSHIP ROAD
NORTH F, WEST OF BROPHY CIRCLE
1. David McWethy (Administrative Assistant): Stated that he was opposed to the
variance of street lighting and sidewalks within the PUD, unless a covenant
was provided to the City, on the plat, that installation of street lights and
sidewalks will be exclusively at the expense of the Property Owners Association.
He stated that he could foresee future property owners complaining about the
PUD not having street lighting and sidewalks and expecting the City to install
them.
Mr. Fefercorn stated that there were existing street lights in Brophy
Subdivision. He said that the Developers were trying to avoid standard City
fixtures within the Development. He stated that there were existing City
lighting fixtures on Brophy Circle, and that there would be yard lights on each
garage. He said there would possibly be small lights attached to each gate
post.
McWethy stated that in this case he would not be. opposed to the variance
of the requirement that street lighting be installed. McWethy asked if there
were presently sidewalks along Brophy Circle. Mr. Fefercorn stated there were
not, the Developers wished to avoid sidewalks.within the Development, but that
they planned to install paved pathways from each garage to its parking space.
McWethy asked if the lots were platted, Fefercorn stated that they were and
they were also FHA approved.
McWethy wondered if Mr. Fefercorn had any interest in this Development.
Fefercorn stated that he did; but not financially.
McWethy stated that he would suggest sidewalks along Brophy Circle, and
Brophy Avenue. Mr. Fefercorn stated that he was in agreement. McWethy said that
the City was requiring sidewalks be installed in Subdivisions and Large Scale
Developments. He stated that otherwise, the responsibility would be put on each
individual property owner. McWethy said that it might be difficult to sell the
lots if the prospective owners knew that at some point in time, they would be
required to install sidewalks.
Mr. Fefercorn said he understood that a variance had been granted to waive
the sidewalk requirements for this Development. Bobbie Jones stated that the
Plat Review Committee Meeting
July 3, 1980
Page 2
variance was granted for sidewalks internal to the PUD only; that they would be
required along Brophy Circle and Brophy Avenue. Bobbie Jones stated that when
this property was originally platted and subdivided, the sidewalks had been
platted on the West side of Brophy Circle.
Mr. Fefercorn said that there was a minor correction he wished to make
on the plats that the members were referring to. He said there should be either
A, 8, C, or D designated for each respective outlot. He said the entire tract was
considered Block 5 at this time. He said the Developers were proposing to break
this up into four blocks.
2. Floyd Hornaday (SWEPCO): Mr. Hornaday had given his comments to Mrs. Bobbie Jones,
Planning Administrator, by phone. She stated Mr. Hornaday was requesting that the
25 ft. building setback on the West side of Brophy Circle be changed and designated
as a Building Setback and Utility Easement. Also, between Block SC and SD (running
approximately 119 ft. to the Northwest) there be a 20 ft. utility easement, to
extend 10 ft. on either side of the property line. He had stated that he would like
to use the existing utility easement between Block SA and Block SB. Ms. Jones
said she understood that Mr. Fefercorn and Mr. Hornaday had discussed decreasing
the width of the easement along the West side of Brophy Circle. Mr. Hornaday
had said that if the easement was decreased.that it be retained at least 15 ft.,
wide, and that if the property to the West was ever developed, that another 15 ft.
would be obtained from that.
Mr. Fefercorh said the Developers had no objection to using the building setback
along Brophy Circle as a utility easement, nor to an easement between Block SC
and Block 5D. He said that the problem was in the 20 ft. width between Blocks
SC and 5D, he said that a 15 ft. setback would be more desirable.
Bobbie Jones stated that no portion of the building or its overhang could
extend over a utility easement.
Mr. Fefercorn said that in terms of the covenants associated with the
Development, the entire grounds would be available for any utility to work on and
do their maintenance.
Ms. Jones stated that Mr. Hornaday and Mr. Fefercorn should get together and
work on this and advise the Office of City Planning as to what agreement they had
reached.
3. John Durham (City Fire Department): Stated that his only concern was if there was
adequate fire hydrant protection. Mr. Durham stated as far as he could determine,
there was only one fire hydrant available to this Development, and did not feel that
one hydrant would be sufficient. Don Bunn stated that a fire hydrant would be
required 500 ft. from any residential structure. John Durham stated that if the
fire hydrant protection was not sufficient, that another hydrant should be installed
in the Development.
Don Bunn stated that there may be another hydrant at the Southwest Corner of
the Development where it meets Township Road. Durham said if that fire hydrant does
in fact exist, that he would be satisfied.
Bobbie Jones asked if the units would be two stories high. Mr. Fefercorn
stated that the buildings would be two stories high and that some would have tuck
under garages under them, which would make them three stories high on one side.
John Durham asked if any consideration had yet been given to materials that
would be used for siding and roofing. Mr. Fefercorn stated that the roofing would
probably be asphalt, and the siding some type of stucco. He said that at this time,
no final decision had been made. Mr. Durham stated that the prevaling wind was
from the Southwest, and if wood siding or shakes were used there could be a problem
Plat Review Committee Meeting
July 3, 1980
Page 3
with a fire spreading to other units.
4. Don Bunn (City Water and Sewer Superintendent): Asked if Mr. Fefercorn desired a
Master Meter for the entire development, or if he desired individual meters. Mr.
Fefercorn replied that he wished to have individual water meters.
Bunn said there was an existing 6 -inch water line going around Brophy
Circle and Brophy Avenue He stated that both water and sewer were readily
available. He said that there may be some water service connections that have
already been made.
Mr. Bunn suggested a 2 inch water main to be connected with the North end,
looped through the PUD, and tied back in to the Township Road connection.
Mr. Fefercorn said it was his understanding that there was a water main
running through Brophy Circle. He asked if it would be feasible to drop in
through the utility easement between Blocks 5A and 5B, then branch off and into
each unit. He stated that this was more desirable as this Development would be
constructed in phases and at any point in time he would like each individual phase
to be able to stand alone. Mr. Bunn stated this idea was feasible.
Fefercorn asked Bunn if it would be possible to stub the main at Phase I,
and as the Development grows, run the main down to the future sites. Bunn saw
no problem with this suggestion.
Bobbie Jones asked if sewer was available. Don Bunn stated that sewer was
available and that it would probably come from the West side of the Development.
Bobbie Jones asked if each individual unit would have a separate sewer service.
line. Don Bunn replied that normally each building would have a separate line,
but that since this was a PUD he would not object to a common service line. It
would be considered similar to a "private main".
Don Bunn stated that if any extensions were necessary, either water or sewer,
the Developer would have to submit Engineered plans and specifications to the
City Engineer's Office and the State Board of Health, for approval prior to
construction. He said as far as water and sewer, the easements were sufficient,
except if any of the mains were extended, the City would need sufficient easements
for those extensions.
5. Clint Hutchens (City Police Department): No comment.
6. L. 0. Ferguson (Warner Cable): Requested that from the South side of Brophy Circle
all the way around the South end of the PUD be designated a 25 ft building setback
and utility easement.(North side of Township Road). He said if this area was
going to be black topped, that he would request the Developer install 2" pvc
casing in this area with sweep elbows and 18" risers above ground level, back
into the easement on the West side of the Development. He also requested the
Developer install 2" pvc, schedule 40, between Block A and Block B.
Ferguson requested 2" pvc, schedule 40, be laid by the Developer between
Block 5C and Block 5D; from the easement on the front to the back easement between
those two blocks. Mr. Fefercorn asked Mr. Ferguson if he was following the same
path as SWEPCO. Mr. Ferguson said that he was
Mr. Ferguson stated that in Block 58, the North end of the block, there is a
proposed driveway. He said that 2" pvc, schedule 40, is to`be laid under the
driveway by the Developer.
Bobbie Jones stated that in the drainage easement there was an existing
rip rap drainage ditch. She suggested that anything that is torn out be
replaced.
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Plat Review Committee Meeting
July 3, 1980
Page 4
7. Kenneth Wagner (Arkansas Western Gas Company): Requested the easement between
Block SC and SD be a 20 ft. easement (Fefercorn had requested that easement
be reduced to 15 ft.). Mr. Wagner stated that the Gas Company generally
requests 25 ft. which is crowded to begin with. He said that anything narrower
would be too crowded.
Mr. Fefercorn and Mr. Wagner discussed different alternatives to laying
the gas line. Fefercorn stated that in order to make room for the 20 ft.
utility easement, the Developers may have to eliminate one building. Fefercorn
asked if it would be possible to tap the high pressure gas line that runs along
the Northeast corner of the Development. Mr. Wagner replied that he would
rather not tap this line. Mr. Wagner said that he would explore the possibility
of running a line in the same easement of the high pressure gas line. He said
that if this was done, the Gas Company would consider decreasing the easement
to 15 ft., but that for the time being, he would prefer to leave the easement
at 20 ft.
Bobbie Jones said that in order to get the proposed utility easement
decreased, Mr. Fefercorn would need the approval of all the utility companies
involved. On the existing easement, he would also need the approval of all
the utility companies as well as approval from the Board of Directors. Mr.
Fefercorn asked if it would be possible to move the easement to another
location. Mr. Wagner stated that he would check with his Operating Manager and
get back with him.
Wagner stated that on the North side of Township Road, there is an existing
two inch gas line, running East and West, three to four feet behind the curb.
Wagner requested a 25 ft. utility easement on the North side of Township Road.
Wagner stated that he would prefer to keep service on the West side of
Brophy Circle.
Wagner asked if Township Road was going to be widened. Bobbie Jones
stated that at some date, Township would be physically widened. Wagner stated
in that case, if there was going to be a parking lot, that he suggests the
laying of pvc casing under any pavement, in case the gas line had to be relocated,
with a minimum size of four.inches.
8. Dick Shaw (Southwestern Bell Telephone:Co.): Stated that the easements
requested and agreed to by the Developer and the other utility companies would
be sufficient to get telephone service into the Development.
He stated that pvc conduit will have to be placed on the 25 ft. utility
easement on the South property line, consisting of 150 ft. of four inch pipe
to be installed by the Developer.
He also requested that in the utility easement between Blocks SB and
Block SA, a four inch conduit be placed by the Developer, as well as in the
easement between Block SC and 5B.
He requested four inch conduit, to be placed by the Developer, under the
main driveway on Brophy Circle, to the North of Block SB.
Mr. Shaw stated that within 30 days, the phone company would be putting
in a terminal in the Southwest corner of the development. He said that he would
need a letter of permission from the Developer stating that the terminal can be
installed, to cover the easement in case the Brophy Circle Development falls
through, or is never platted, the Phone Company would have a 25 ft. easement
on the Southwest corner. Mr. Shaw stated that the phone company would be
placing a major terminal in this easement. Bobbie Jones stated that it was her
understanding that Mr. Brophy had already dedicated and filed an easement for
Plat Review Committee Meeting
July 3, 1980
• Page 5
this parcel of land on his Subdivision Plat, Mr. Shaw stated that if that was
the case, this easement would be sufficient, and that Mr. Fefercorn would not
have to file the letter of permission.
9. Wally Brt (City Sanitation Superintendent): Mr. Brt asked if Mr. Fefercorn
was proposing cans or container pickup. Mr. Fefercorn replied they planned to
use cans.
Wally informed Mr. Fefercorn that he would need permission, in writing, to
the effect that the Sanitation Trucks could travel the private roads within the
Development.
Wally asked what type of roads the Development would have. Mr. Fefercorn
stated that the Road base would consist of six inches of class base with two
to three inches of asphalt.
Wally asked how much room he had in the drives. Fefercorn said the roads
would be a minimum of 25 ft. wide with an 80 ft. turning radius.
Wally said he would prefer to see containers within the Development, rather
than cans. He said that centrally located containers would be more sanitary.
He also said after all phases were completed, there would be something like
414 cans, as opposed to two large containers.
Mr. Brt stated that if Mr. Fefercorn decided to put in containers, that
each container would require a 15 ft. wide by 12 ft. deep pad, with 4" of
reinforcement wire, and 6" of concrete. Mr. Fefercorn said that with the
tuck under garages, it might be best to have the two containers installed. Mr.
• Brt. suggested 6 yard containers, with side doors, as it may be difficult for
some persons taking out garbage to lift the top lids on the 4 yard containers.
After some discussion, it was decided to place one container at the
Northwest side of unit 4, Block SA, and the second container Southeast of the
parking spaces on the Northeast side of Block 5D.
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10. Bobbie Jones (City Planning.. Administrator): Asked what the separation would
be between structures. Mr. Fefercorn stated that they would be connected.
Ms. Jones asked what the separation would be if the structures were not connected.
Mr. Fefercorn stated that at the closest point, there would be an 8 ft. separation.
Bobbie Jones stated that where there was not a common or party wall, the
minimum separation would be 10 ft. according to the PUD ordinance. Bobbie Jones
stated that if the exterior walls were fire or party walls that this requirement
would probably not be applicable. Ms. Jones stated that if the Developer wished
to have this requirment waived, the Planning Commission would be able to waive it,
but she felt that the Building Inspector should be made aware, and any building
code requirements should be met.
A. Ms. Jones gave Mr. Fefercorn a copy of an existing plat on record of this
parcel of land showing where sidewalks would be required if the land was
ever developed. Mr. Fefercorn had expressed a desire td relocate the
sidewalks to the other side of the public streets. Ms. Jones stated that
could be accomplished with the written consent of the property owners
of all lots affected (including those across the street), a resolution
by the Planning Commission, and the changes recorded in the Court House.
Mr. Fefercorn asked if this resolution could be handled at the July
14, 1980 Planning Commission Meeting. Ms. Jones stated that it could, if
all the letters from the property owners were available. She said Mr.
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Plat Review Committee Meeting
July 3, 1980
Page 6
Fefercorn would need the written consent of the owners of Lot 1 and Lots
7 through 12 in Block 4, and all of Block 5.
B. Ms. Jones stated it was shown on the plat of Brophy Subdivision, that sidewalks
will be installed as each lot where they are required is developed. She said
that it is mentioned in the ordinance, that the sidewalks must be formed up
and ready to be poured at the same time as the driveway, and that the City
Street Superintendent be called to inspect the forms before either one is
poured She said the sidewalks would be 4 ft. wide, and parallel to the
curb in the street right-of-way.
C. The PUD Ordinance states that any waivers or variances granted by the
Planning Commission will be recorded on the plat, or as a signed document
to be recorded with the plat.
D . Any single structure, containing more than two units, which exceeds 20 ft. in
height, will be setback an additional 1 ft. for each one foot of height in
excess of 10 ft. when adjacent to an R-1 District. The Commission did not
take this into consideration when allowing the 25 ft. setbacks from the
Northeast corner and the Southwest corner. Ms. Jones stated that the Board
of Directors could over rule any variances granted by the Planning Commission
within 21 days after the Planning Commission Meeting at which they were
granted.
E . Ms. Jones cannot issue any building permit for a change in the development
without the approval of the Planning Commission. She said that a building
permit could be issued for the PUD, after approval of the Preliminary Plat, but
that a Certificate of Occupancy would not be issued until the final plat has
been approved, and recorded for that particular phase.
F. Each common or party wall will have to be surveyed out before construction
begins.
G . If structural construction has not started within 18 months after issuance
of the building permit, the PUD can be revoked unless just cause for the
delay can be provided, and the Planning Commission approves an extension.
Building Permits require that construction be started within 6 months of
issuance of the Building Permit and completed within two years for what is
shown on that Building Permit.
H . Any decision made by the Building Inspection Office or the Office of
City Planning in relation to the PUD may be appealed to the Planning Commission.
Any Planning Commission decisions may be appealed to the City Board of Directors.
Any appeal must be in writing.
I. Identification of the size in square footage, of any open space must be on
the preliminary plat.
• J. Proof must be furnished that the owner or developer will maintain the open
area until such time as a property owners association is formed.
Plat Review Committee Meeting
July 3, 1980
eiPage 7
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K. Ms. Jones said she would give the covenants and by-laws for the PUD to the
City Attorney for review and relay any comments back to the Developer.
L. Plans for Water and Sewer main. extensions
Office of the Water and Sewer Department.
be approved by the State Board of Health,
on those extensions. These plans must be
submitted for approval and recording.
will have to be submitted to the
Also, main extensions will have to
prior to commencing any construction
approved before the final plat is
M. Ms. Jones stated that the final plat can be submitted to the City before all
improvements are done, but a contract must be entered into with the City
giving the City lien on the lots. The lots can be sold, but no structure
on them can be occupied until the lien is released.
N . All internal streets must meet City specifications for sub -base, base and
paving, and must meet with the approval of the City Street Superintendent.
Drawings for streets and drainage must be submitted to the City Street
Superintendent for approval before construction is begun. The City Street
Superintendent can require drains and drainage systems where required by
code.
O . The private drive must be so designated on the Final Plat. A sign no larger
than 12 inches by 24 inches must be erected at the entrance of the drive,
calling it a private street, that the street should have a name and be
designated on the final plat.
P. A note will be put either on the plat or in the covenants that all traffic
laws for the City under Chapter 19 of Fayetteville Code of Ordinances will
be adhered to on the private street.
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No vegetation shall be installed off of Township Road or Brophy Circle,
within the Building Setback which exceeds 30 inches in height, unless it
consists of a tree with 10 ft. of visual clearance from the ground to the
branches.
R. The following must be shown on the preliminary plat: 1) Name and address
of owner, developer and engineer. 2) Zoning District. 3) Name and address
of surveyor and person preparing the plat. 4) Subdivision name. 5) Date.
6) Graphic scale. 7) North arrow.: 8): Acreage. 9)Metes and bounds description
of the property, legal description of the property with dimensions and
angles sufficient to locate all lines on the ground, as well as present platted
lot numbers. 10) Lots and blocks shall be identified. 11) Boundaries shall
be shown by distance. 12) Property shall be located by section, range and
township.
S . The title block shall say: Final Plat (Name of Subdivision) a replat of
Lots 1, 2 3, 4, Block 5, of the Final.Plat of Part of Block 3 4 Blocks 4 and 5
Brophy Addition.
T There should be concrete monuments at the corners of the exterior of the
existing subdivision. The Developer is required to have pins 1/2" x 30"
at all lot corners. Unless the corner of each building designates the corner
of the lot, a pin will be placed at each property line. If the building corner
designates the lot corner, it must be so designated on the plat. Sizes of
Plat Review Committee Meeting
• July 3, 1980
Page 8
each individual lot will be on the plat.
U. Pick up on final plat the location of existing street lights.
V. The Office of City Planning will furnish the Developer with a copy of the
certificates to,be.ahown on,the,final plat.