HomeMy WebLinkAbout1984-05-17 MinutesMINUTES OF THE PLAT REVIEW COMMITTEE MEETING
A meeting of the Plat Review Committee of the City of Fayetteville
was held on Thursday, May 17, 1984 at 9:00 a.m. in Room 111 of the
City Administration Building, 113 West Mountain, Fayetteville, AR.
UTILITY REPRESENTATIVES PRESENT:
CITY REPRESENTATIVES PRESENT:
Kenneth Wagner, Ivan Faulkner,
Connie Skinner and L.O. Ferguson
Clayton Powell, Larry Poage, Don
Osburn, Sid Norbash, Bobbie Jones
and Paula Brandeis
OTHERS PRESENT: /,' Ralph Gray, Michael Moore
(.Hood land /4 lls Wed;h3Mu nee-/ Smith
PARES AND RECREATION DEPARTMENT V aYlQhLi
Bobbie Jones reported some comments from Connie Edmonston, City Parks
and Recreation Representative, who was unable to attend the meeting.
She said that the Green Space Ordinance was written so that only the
Board of Directors could waive the Parks requirement of .01 acre of
land per multi -family unit (or $85 per multi -family unit if accepted
in lieu of land). The Parks and Recreation Advisory Board will meet
at 4 P.M. Tuesday, May 22, 1984 to make a recommendation to the Planning
Commission.
and Kevin
Ralph Gray, Joplin, Missouri, then gave an overview of the project
being reviewed at this meeting.
CLAYTON POWELL, STREET SUPERINTENDENT
Powell advised that in any PUD there must be Property Owners Association
to perform the maintenance of the streets and all related items, such
as sidewalks and storm drainage. He said that the only difference
between the private streets in a PUD and a dedicated street for public
maintenance is that the width may be reduced and the curb and gutter
may be eliminated; open bar ditches may be used for drainage. He
stated that the number of units determine the minimum width of the
private streets and based on the number of units in this particular
development, the minimum width will be 24 feet. He reported that
he conducts three inspections during the construction phase and he
said he wants detailed engineering plans and profiles for the approval
of the private street within the perimeter of the PUD.
In answer to Moore's question, Powell stated that he requires detailed
plans and profiles of streets whether or not type of curb and gutter
elevations have been indicated on the plat. He added that when the
street is built, an "as -built" is required, unless the plan reverts
to an apartment complex whereby there would be no stipulation.
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Plat Review
May 17, 1984
Page 2
Powell stated that Wedington Drive is a State highway and the developer
must have a permit from the State Highway Department for the divided
threshhold. He said he would like a separate legal deed for dedication
of a 40 foot right-of-way for this developers half of Wedingtion Drive.
He added that if 40 feet of right-of-way doesn't exist, the developer
will be required to dedicate 40 feet from the center line of Wedington
to the North property line.
The next issue addressed by Powell was that of construction of a sidewalk
abutting the State Highway. He said this 5 foot sidewalk must begin
on the property line and extend into the property.
Powell said that, due to the density of this development, he recommends
that there be more than one access road. He advised that the portion
of James Street that will need to be brought up to current City standards
(based on rational nexus) is 360 feet, measured from Mt. Comfort Road
to the street's west end and to this property. Powell stated that
condensed specifications of these street standards are available and
that one of the provisions is that grades of 10% or greater must be
of Portland Cement Concrete, 6" thick. Another provision provision
is that storm drainage must be provided. Currently, Powell said,
James Street has 40 feet of right-of-way with a 35 ft. radius cul-de-sac
on the end.
In answer to Mr. Gray's question, Powell stated that the Planning
Commission or the City Board of Directors may waive the recommendation
previously stated by Powell but that he felt that James Street was
currently inadequate to meet the needs of this proposed development.
Powell advised that he was not the final authority but merely pointing
out the needs based on requirements of the City code. He added that
he was not requiring anything unusual or anything that would not be
required of anyone else developing in an identical or similar situation
within the City.
Powell went on to say that he would like to see the payment scale
of the Homeowners Association for the assessments of the private drive.
He said that the City is a part of the covenants for a PUD to insure
that the facilities do not deteriorate to a point whereby emergencies
may be created.
Powell then cited Resolution 36-84, passed within the last 90 days,
that requires any development in any hillside to have controlled storm
drainage run-off. He stated that this builder is developing 7 -plus
acres of water -shed which currently has about a 20% run-off. This
will increase to about 90% run-off when development is completed.
Powell said that detention and retention ponds are now required and
he would like to see a detailed drainage plan worked up using the
City's 25 year flood criteria. He added that he thought the northwest
corner of this development would be an ideal place for a detention
pond. Powell said he thought that part of the drainage could be handled
Plat Review
May 17, 1984
Page 3
on James Street and from the intersection of existing James Street
to the north, drainage would have to be carried to Mt. Comfort Road.
He added that, on the extension of James Street, the street specifications
require a sidewalk on one side of the street, but because it is off-site,
it may be possible to waive this requirement. Powell recommended
that no sidewalk be required on the improvements to the existing James
Street if it should be required.
Bobbie Jones reported that she was in possession of a survey drawn
up by Blew & Assoc. that shows existing right-of-way for Wedington,
but it was not clear whether the right-of-way is existing or the if
property line has been set back and what the developer has gotten
is title to allow for what should have been an 80 foot right-of-way.
Powell next addressed the problem of the ingress/egress from Wedington
Drive with regards to the steepness of the grade. He stated that
for about six weeks of the year the street is at its worst because
of the mist and percipitation. He said that for this particular time
there is a constant thin glaze of ice across the streets and that
the dedicated street specifications require that within 100 feet of
an intersection the grade cannot exceed 4%. He offered to work with
the developer in any way that he could.
Jones advised that she will be contacting the City Attorney in regards
to the issue of private drives vs. public streets. She said the dif-
ference, if any, between a Large Scale Development and a Planned Unit
Development, is the issue to be decided because of the liberty a developer
may take with planning the drives or streets. Jones stated that the
Zoning Ordinance defines a condominium as a series of attached single-
family residences submitted to a Horizontal Property Regime under
the State Statute. This definition affects the drives as well as
the open space required. She then explained that a more significant
effect is that a PUD requires at least a 30% open space, part of which
can be considered the pool and club area. Jones stated that not any
part of the private drives, parking areas or individually owned areas
could be included as "open space". She explained that this project
could be set up under the Horizontal Property Regime, in which the
prospective buyer owns only the unit within the development. This
type of development needs to filed with the County Circuit Clerk's
office and a Master Deed will also need to be filed which shall include
floor plans.
Powell said that if the street is private, the setback requirement
.would be less than if the street were public. Jones added that backing
into a private drive is allowed, whereas it would not be on a public
street.
Jones advised the developer of the concerns expressed by a Planning
Commission member of developers planning narrow streets (or drives)
in a subdivison with insufficient ingress/egress.
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May 17, 1984
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Powell stated that according to a survey drawn in 1980, the property
line on this property reads from the center of the street and that
if this condition remains the same, this developer will have to dedicate
a 40 ft. right-of-way.
Michael Moore, Engineer, stated that the newest boundary survey indicates
that this 40 ft. right-of-way has been given. Powell requested proof
of the dedication.
Powell clarified that the 25 year flood plan will be sufficient for
use a a guide for storm drainage provisions.
Ralph Gray asked if Powell could release him from the obligation of
improving James Street to which Powell stated that it was not his
place to do so. Powell reminded Gray that he can only make recommendations.
Jones stated that a request for a waiver of this improvement would
have to be in writing and presented to the Planning Office by Monday,
May 21, 1984. She stated that the request would have to be accompanied
by 10 copies of a plan with all revisions required at today's meeting.
Jones acknowledged that the Planning Commission would be the final
body that Gray would come before unless he requested a waiver of the
Parks Fee or waiver of sidewalks, in which case he would go before
the Board of Directors. She said if Gray wished to request a waiver
he would need to let it be known before the Parks and Recreation Advisory
Board meets on Tuesday, May 22 and that they will make a recommendation
of either land, or cash in lieu of land.
Jones explained to Gray that the Planning Commission is hesitant to
set a precedent as far as granting waivers for Parks Fees as this
issue has become pertinent of late and has not yet been clarified
by the City Attorney. She added that the Planning Commission is also
hesitant to do anything contrary to recommendations by the Board of
Directors' desires. Jones stated that there has been a lawsuit regarding
the Parks Fee which resulted in the court ruling that there was no
provision for the actual expenditure of the monies exacted for the
fees. She said the Ordinance has been amended to say that the money
nust be expended for the acquistion of land for park purposes by December
31, 1990 or the City must hold a Public Hearing to determine whether
the money will be returned to the developer (or his assign) or if
the money should then be expended, and how it will be so.
Gray stated that he felt he is a quality developer and he is very
disappointed with the restrictions or apparent unwillingness to conpromise
on the part of the City. He stated that he was wondering whether
Fayetteville was prejudiced against out-of-town developers to which
City representatives assured him that the same requirements applied
to all developers building in Fayetteville whether they were local
or not.
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Plat Review
May 17, 1984
Page 5
Jones stated she thought the Fayetteville Board of Directors was concerned
at least as much about the quality (of life in the area) as quantity.
Powell explained "rational nexus" to Moore as being a need created
by the builder, and the builder, in turn, addressing that need. This
pertaining to the improvement of James Street.
Gray asked if he could develop this area with apartments instead of
condominiums. Jones responded that Gray would have to comply with
previously imposed requirements with regards to an apartment complex
and that he would still need to meet the newer drainage requirements.
Powell responded to Gray's indication that he was "grandfathered"
on drainage by reminding Gray that, if construction had not commenced
within one year of approval that there wasn't any approval. Powell
added that in order to obtain a building permit, Gray would need to
have the streets cut to sub -grade and prior to this action Powell
would need the engineering plans and profiles for approval.
Jones stated that there is a question of whether one can develop a
Large Scale Development Condominium and not call it a PUD. She repeated
that the Planning Commission has requested a clarification of this
difference from the City Attorney.
Jones explained that a PUD requires streets to be constructed to City
standards with the exceptions of the width and curbs and gutters.
She said that PVDs also require covenants with the City being made
a third party so that maintenance can be forced if the Property Owners
Association does not execute required maintenance.
SID NORBASH - WATER & SEWER
Norbash stated that installing water mains in the right-of-way but
clear of the pavement was required. Moore assured Norbash that he
would take care of this. Norbash requested a 15 ft. permanent easement
for the water main. He added that if this easement is not centered
from the middle of the water main the requirement will be 20 ft. because
of the need to maneuver equipment.
Moore asked to use a system that will utilize a collector sewer service
rather than a collector main. He said that instead of having manholes
encircling the development, there would be a 8" service line with
clean -outs every 100 ft. (or whatever code requires). Norbash said
that this was satisfactory as long as code requirements were maintained.
Norbash said he wants a situation that will avoid future problems.
He stated it would be better to have a public sewer all around the
project, and indicated the point at which City maintenance would stop.
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Moore said the drives in this development had been planned as 5" concrete
slab over 2" of sand and 6" stabilized sub -base. He said paving materials
would not be mixed; it would be either all concrete or all asphalt.
Moore said that he would like to dedicate the water line to the City.
DON OSBURN - METER SUPERINTENDENT
Moore stated that each unit will have a water meter and they will
be installed somewhere in the landscaping near the curbline.
Moore said that he will manipulate the fire hydrants to any position
that was required.
Osburn stated that there will be a charge each month of $22.50 for
unmetered fire protection from the fire hydrant that is inside the
perimeter of the development because it is on private property and
can only be used on private property.
Larry Poage, Fire Inspector, clarified that this would mean there
could 'be unlimited use of this hydrant for the one monthly charge
and if a fire occurred there would be no additional charge.
Osburn continued by advising that only one street number shall be
used, along with unit numbers for the individual units He explained
that these unit numbers must be displayed on the front of the buildings
facing the street to facilitate meter readings as well as emergency
services.
Osburn stated that the Water Department will make the tap on the main
but the developer will be required to provide the materials and pay
a service fee for the tap. He explained that there will be four meters
and two meter boxes on each structure.
He advised that if a sign is erected listing the contractors, the
street address will need to be displayed on such sign before any meters
will be set for construction. Osburn added that a permanent sign
will need to erected with the street address on it before any water
meter will be set for domestic use and repeated that the unit numbers
will need to be displayed on the buildings.
Osburn asked Gray to have the mechanical contractors meet with him
so that he could advise them on installation of yard lines to meters.
He said he does not want the service lines to cross each other between
the meters and the sturctures.
Osburn and Norbash said that a 6" water main loop was sufficient for
domestic use and that for fire use it would be up to the developer
if they would like to use 8". Osburn advised that there will be between
125 and 150 pounds of pressure. Norbash advised that ductile iron,
class 51 water piping was required.
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May 17, 1984
Page 7
Osburn advised that, before any meters are set, there will need to
be a finished grade or curb line.
Osburn stated that meters must be placed outside of any privacy fences
if such are built. He added that if any digging needs to be done
that any planter boxes in the way will need to be removed.
LARRY POAGE — FIRE DEPARTMENT
Poage stated that he required two fire hydrants for this development
and that he will not need a fire lane. He said the requirement for
spacing fire hydrants is 1000 ft. apart. Poage advised that, he too,
would require that the unit numbers be displayed on the fronts of
the units facing the street.
Poage advised that this development will be about 3 blocks from the
responding fire station.
Poage explained that Arkansas has recently adopted the 1983 version
of the Standard Building Code and the Standard Fire Prevention Code
Volumes I and II. He said that this is the code that he enforces.
Poage added that smoke detectors are required and that he may inspect
the club area at any time and home inspection would be done upon request.
He also said that he may require at least one fire extinguisher built
into the wall in the club.
Poage stated that the. City of Fayetteville is a Class IV Insurance
Premium rating presently, and that there are plans to go to a Class
III rating within one to five years.
IVAN FADIKNER — SWEPCO
Faulkner stated that if utilities are run underground that a 25' easement
is required. He said that without gas lines being included, only
a 20 ft. easement will be required between the buildings in this project.
Kevin Smith responded that he could arrange for the 20 ft. easement
running east and west through the center of the project.
Faulkner stated that most utilities don't have to loop but Swepco
does. He noted that the plan is presently allowing for 25' along
the north and south sides but that the east and west side do not show
this much easement and will have to be adjusted. Faulkner said he
would be satisfied if this developer could gain a dedicated utility
easement from the adjoining property owner but it will need to be
shown on the plat and would have to be obtained by this developer.
Faulkner next addressed the question of the utility easement being
cleared and brought to grade which would entail removal of several
large trees in this development as well as bringing the property to
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May 17, 1984
Page 8
a finished grade. He said SWEPCO would try to work with the developer
in maintaining the trees wherever possible.
Faulkner stated that he will need to bury an electric line 3' deep
and will need the space available to maneuver equipment and to set
pedestals and transformers. He advised that if overhead utilities
were installed, right-of-way would still have to be dedicated and
the easement area would still need to be cleared.
Smith reported that working drawings will be finished by mid-June
and Faulkner stated that he needs advance notice to order the transformers
which have a six months delivery date.
Faulkner said that SWEPCO facilities will stop at the pedestals which
will be on the easement at the transformer. He added that, if the
street is paved before SWEPCO installs their lines, they will require
2" schedule 40, PVC across the street in line with the easements.
Faulkner stated that he will need an easement on the access to James
Street in order to get onto the property with overhead facilities
and from that point he would go underground.
CONNIE SKINNER - SOUTHWESTERN BELL
Skinner said she was in agreement with SWEPCO about the easement but
that she would require 2" schedule 40 PVC across the northeast corner.
She stated that there is a major conduit run through the property
with 30" of depth. Skinner added that she would probably not move
the telephone vault that is presently in the middle of the drive.
She said if it needed to be moved or brought up to street grade, it
would be done at the developers expense.
KENNETH WAGNER - ARKANSAS WESTERN GAS
Wagner stated that if natural gas was desired, he would run the gas
lines from the meter service to the buildings at the developer's expense.
He said the main would be run at no cost.
He reiterated that if gas were desired, a 25 ft. easement would have
to be dedicated across the north and south side and 20 ft. easement
on the east and west. Wagner added that he will need to see a final
plat before the utility is installed.
L. 0. FERGUSON -WARNER AMER CABLE
Ferguson stated that, if cable were desired he would have to run a
line between the buildings in the easement requested by SWEPCO and
he will require 2" schedule 40 PVC across the double entrance and
at James Street where the phone company has requested same. He added
that 2" schedule 40 PVC will be required on the west side as well.
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May 17, 1984
Page 9
WALLY BRT — SANITATION SUPERINTENDENT
Brt stated that there would no problem as far as where the dumpster
was located. He added that the dumpster site will have to be open
on the front and may be closed on the other three sides. He reported
that there have been incidences of rat infestation because of improper
trash disposal due to the screening in of dumpsters. Tenants tend
to throw trash into the enclosure rather than put it into the containers.
However, he said, he will still accept screening on three sides.
Brt added that he requires a letter giving him permission to travel
on these streets. He advised the developer that containers are in
stock and may be purchased from the City.
Brt added that he requires the area opening be 12 ft. deep by 15 ft. wide.
He advised the use of concrete because of the use put on the street
by the 30 ton sanitation trucks. Powell added that there is a requirement
of 6" concrete on grades that are 10% or steeper.
BOBBIE JONES — PLANNING ADMINISTRATOR
Jones stated that there would be no requirement for screening on the
bulk of the project nor will there be a landscaping requirement.
She said that her one concern was the pool and club area. Currently
the setback requirements for a pool are 100 feet, and a clubroom has
a 100 ft. setback as well. Jones said that the Planning Commission
has the authority to reduce these requirements but it must be requested
in writing. She said she would like to know the exact distance the
proposed clubhouse and pool will be from the east property line and
the heigth of the clubhouse as well.
Jones requested that the 24 ft. dimension of the proposed access to
James Street noted on the plans. She added that a copy of the easement
for the storm drainage, as recorded in the Circuit Court, will be
necessary. Jones stated that she wanted a dimension of the distance
between the east property line and the closest building, as well as
the heigth of that building. She said the same would be necessary
for the west side. Jones specified that setbacks are measured from
the overhangs, fireplaces, decks, balconies or any other part of the
structure that exceeds a heigth of 30" above grade.
Jones repeated that she would talk to the City Attorney regarding
the Green Space Ordinance and method of administration. She reiterated
that the codes pertaining to PUDs and Large Scale Developments are
vastly different. Jones said that the procedure to follow would be
for that of a Large Scale Development with condominiums. She said
that, prior to an amendment of the code, she had held that a condominium
was a PUD. Jones said the code was amended February, 1981 and can
be found in Art. 5, Page 819. Jones said, per a conversation with
the City Attorney in January, 1983, she was to determine the maximum
density by using 1,815 square feet of land area per unit. She told
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May 17, 1984
Page 10
Gray that the City Attorney said that if the width of the property
becomes a factor in developing the property, that she requires proof
that the development will be condominiums or townhouses. This proof,
she said, shall be that thedevelopment has been recorded under the
Horizontal Property Regime. Jones said that if the development were
townhouses, that a plat would need to be filed and approved by the
Planning Commission. Jones said that in a PUD, a 30% green space
is required, but that the pool and clubhouse would be considered as
part of that requirement. She added that in a PUD, when there are
common recreation facilities proposed, they must be constructed by
the time the eigth building is finished.
Next, Jones explained that an issue that the Subdivision Committee
and the Planning Commission will probably address would be the point
in time that the private drive in this development will connect to
James Street.
Jones said that the parking in the first developed units will have
to be completed by the time the units are ready to be occupied. She
stated that the parking spaces will need to be 19 ft. X 9 ft. At
Smith's suggestion that a temporary drive be cut from the project
out onto Wedington, Jones answered that she would not approve this
unless the Planning Commission also gave approval.
Approval of the driveway onto Wedington would have to come from the
Arkansas Highway Department, Jones said. She added that the AHD also
would have to approve the location of sidewalks. Jones advised that
the Board of Directors has sometimes allowed acceptance of a Bill
of Assurance for sidewalks, and that that she would need to look into
the possibility for this development.
Jones stated that a "as -built" site plan is required upon completion.
She added that if the pool, clubhouse and first three units are completed
with no other permits issued at that time, an "as -built" will be required
covering that phase.
Jones said that if a sign is constructed, that the developer will
need to check with Bert Rakes, Sign Inspector. She then recited the
reasons that a Large Scale Development Plan may be refused, Art. 4,
Sec. I, Page 946.
The developer was notified by Jones that a State Board of Health permit
will be needed for the pool and clubhouse. She also said that the
bedroom windows in the units must open 5.7 sq.ft. and a clear opening
of 24" high and 20" wide.
Jones said that the parking spaces were more than adequate in this
development plan.
The meeting was adjourned at 12:15 P.M.