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HomeMy WebLinkAbout1977-02-14 - Minutes• • MINUTES OF A SUBDIVISION COMMITTEE MEETING The Subdivision Committee of the City Planning Commission met at 4:30 P. M., Monday, February 14, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Ernest Jacks, Bill Kisor, Keith Newhouse, Jack Ray,Larry Wood. MEMBERS ABSENT: None. OTHERS PRESENT: David McWethy, Jim Lindsey, Neal Albright, Jim McCord, Ervan Wimberly, Bruce Kendall, Bobbie Jones, Angie Medlock, Wayne Bayley. Chairman Ernest Jacks called the meeting to order. Bill Kisor made a motion to approve the minutes of the January 24, MINUTES 1977, meeting as mailed. Jack Ray seconded the motion, which was passed unanimously. The first item for discussion was the large scale WAYNE BAYLEY APARTMENTS development for Wayne Bayley Apartments located Large Scale Development East of Leverett Avenue and South of Poplar Street; E. of Leverett $ S. of Poplar Wayne Bayley, Developer. Wayne Bayley and Ervan Wimberly were present to represent. Chairman Jacks asked Mr. Bayley if he would be willing to dedicate the additional 5 feet on Ash Street and on Poplar Street. Mr. Bayley said he would. Mr. Wimberly said he didn't see any need for the additional 5 feet on Ash but they would give it. The plan indicated Mr. Bayley would also dedicate 10 feet for the widening of Leverett Avenue. Mr. Wimberly said Wally Brt, Sanitation Superintendent, has the letter which allows the Sanitation Department to drive its trucks on the property. Keith Newhouse moved to approve the large scale development plan of Wayne Bayley contingent upon his giving the 5 feet of additional right-of-way on Poplar and Ash. Bill Kisor seconded the motion which was passed by a vote of 4-0. The next item for discussion was the approval of the CLEAR SPRINGS ACRES Preliminary Plat of Clear Springs Acres, located Preliminary Plat East of Highway 265 (Crossover Road) and E. of Hwy 265 $ NE of Lake Fayettevi1 Northeast of Lake Fayetteville, Jim Lindsey, Developer. Jim Lindsey and Neal Albright were present to represent. Jim Lindsey said that although this land is in the County, it is still in the 5 -mile jurisdiction of the City. He presented a map to the Commissioners which showed the creek, and the 100 year flood plain as computed by Neal Albright. He said he would keep an 80 -foot strip along the creek, and would have a minimum 100 -foot setback from the center line of the creek for a building setback (which includes the septic tank). They intend to make the building setback the 100 -year flood plain, or the 100 -foot setback, whichever is greater, the setback line from the creek for any form of construction including septic tanks. He stated that they must submit perculation tests which they are now getting to the State Board of Health. He told the Commissioners that he understood that he could not hook on to the City Sewer without annexing into the City. Right now, sewer is three miles away. Chairman Jacks asked if it would be a septic tank system totally, and Mr. Lindsey said "yes". He said the 100 foot setback would make him lose Lots 41 and 42, and he may have to combine some of the other smaller lots. They will have to make considerable adjustments on the plat. He said they have not had a County ruling about the flood plain. Neal Albright said he had discussed this with Bud Allen and he is concerned about it because of flood insurance for (D • • Subdivision Committee Meeting February 14, 1977 -2- those who buy the lots. Jim Lindsey 'said they have big enough lots to use the flood plain line as a setback. Chairman Jacks questioned whether they should look at the preliminary plat without the adjustments. Mr. Lindsey said he would like to have preliminary approval. He said he is going to have percolation tests on each lot and will have the results of these before the final plat. Mr. Albright said the percolation tests they have taken so far have been satisfactory. Larry Wood said he had taken his information about the soil from two sources, and he found that this would be a severe place for septic tanks. He asked Mr. Albright if the flood plain is calculated on a 100% development of the upstream portion. Neal Albright said it is not; it is considered more or less as farm land. Larry Wood said he would recommend to the Planning Commission that they ask for calculations ori a 100% development basis to get the actual maximum flow. Chairman Jacks asked Larry Wood if the government didn't really establish the flood plains. Larry Wood said the federal government is having to depend on local engineers until they can come back in and actually check the land. Chairman Jacks said what will really affect this subdivision is what the federal people decide. f)Jim Lindsey pointed out that this property goes up (contour) almost to the edge / of the flood plain and then starts up at a real significant upswing. He said if - they can get the water to the point where it becomes too much more than is presently there, then it will go over Highway 265. Chairman Jacks asked if the people who buy the lots could get federal flood insurance. Bruce Kendall, representing the County Planning Board, said the County will be able to get flood insurance, but he didn't know about this subdivision. He said the Board had considered this at their meeting but if you carry this to the extreme, you will completely stop building. Neal Albright said he compared his calculations with the culvert which crosses Highway 265 and increased the capacity of the culvert 33% so he does have a 1/3% safety factor. Mr. Lindsey said he would like to know who has authority for what in the City and County. He said he thought it would be important for everyone to know exactly what the City has been doing under the Ordinance and what they have been relying on the County Sanitarian to do, the County to do, and the State Board of Health to do. Chairman Jacks said his general understanding is that the Subdivision Committee looks at these on the basis of requirements for the County. Bruce Kendall said septic tanks cannot be banned by the City or County, but the state Health Department can say that they are no good. City Attorney Jim McCord told Chairman Ernest Jacks that the Ordinance provides requirements for suburban subdivisions. He said the City could not legally disapprove a subdivision just because it is not on sewer. Jim Lindsey again stressed the fact that under the policy of the City Board of Directors, he couldn't hook on to thesewer even if it were there, without annexing into the City. Jack Kreie, representing the Fayetteville public schools, said they are deeply concerned with anything that might change the characteristic of Lake Fayetteville. He said he speaks for the City people who are interested in recreation with regard to the Lake or anything which might change the environment of the Lake. Jim Lindsey stated that there have been as many as 125 head of cattle on this property who stay near the creek since it is the only water supply. He said this many cattle dropping raw sewage in the stream compared to the septic tank leakage is not even comparable. Bruce Kendall asked Larry Wood if he was recommending that they shouldn't develop this for some years until sewer is available. Larry Wood said he is saying this in part. He said the City has been fighting for years to get people off of septic tanks in the City so he doesn't feel they should allow these same problems in the County. Bruce Kendall asked if the other cities in the area should all get together with the County and decide where there should be developments. He said it wouldn't be r) • • • Subdivision Committee Meeting February 14, 1977 -3- fair to make one man wait because of this. He said the County felt that the location, with roads to County standards, is perfectly satisfactory. He said unless they get a big land use program started he doesn't think they can say this cannot be done. If they cannot come up with some real proof that this is going to contaminate Lake Fayetteville, Then he doesn't feel they should stop Mr. Lindsey. City Attorney Jim McCord said the City cannot require anything not required by the Ordinance so they cannot refuse to approve the development if the County Sanitarian finds the percolation tests satisfactory. Jack Kreie said he hopes they are not setting a precedent. Chairman Jacks asked if the easements have been provided and Bobbie Jones said "yes". He said everything else is all right as far as the Subdivision Committee is concerned. Bobbie Jones mentioned that cable service is closer to Springdale Cable TV and this is on the Springdale telephone exchange but all of the engineering for telephone for both cities is done in the Fayetteville office. Chairman Jacks said the County had asked for restrictions prohibiting the keeping of cattle in the subdivision. Mr. Lindsey said they would agree to that. He said if some lots were 5 or 6 acres in size those lots might be excepted from that restriction. Chairman Jacks asked that he put something in the protective covenants to take care of this. Mr. Lindsey said he would. Larry Wood mentioned that Clear Creek is the dividing point between Fayetteville and Springdale as far as water service is concerned so someone will possibly have to negotiate with Springdale on the..northern portion of the area. Jack Ray moved to recommend to the Planning Commission that this preliminary plat of Clear Springs Acres be approved with the following reservations: (1) Plat show right-of-way of all roads included in and abutting this property and dimension them fully; (2) Names or numbers of County Roads be shown on the plat; (3) Submit percolation data; and (4) Submit protective covenants. Bill Kisor seconded the motion, which was passed unanimously. The meeting was concluded at 5:07 P.M.