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HomeMy WebLinkAbout1980-10-13 - Minutes• • SUBDIVISION COMMITTEE MEETING A meeting of the Subdivision Committee of the Planning Commission was held at 2:30, P.M., Monday, October 13, 1980, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Acting Chairman Elizabeth Crocker, Don Hunnicutt. Chairman Keith Newhouse, Newton Hailey. Larry Wood, Cynthia Stewart, Bobbie Jones, David Lashley, Gail Mainard, Harry Gray, Ross Fefercorn, Bill Lazenby, Tom Hopper, Wade Bishop, Tom Brenner, and other members of the audience. In the absence of the Chairman, Acting Chairman Elizabeth Crocker called the meeting to order at 2:30, P.M. CALL TO ORDER The first item addressed by the Committee LARGE SCALE DEVELOPMENT was the approval of the Large Scale Development CALVIN EDENS Plan for Calvin Edens (apartments) located SYCAMORE $ LEVERETT South of Sycamore Street and East of Leverett Avenue; Calvin Edens, Developer. Zoned R-2, Medium Density Residential pistrict. Harry Gray was present to represent. Bobbie Jones stated that easements would have to be dedicated and recorded before a building permit would be issued. Mr. Gray said he would furnish legal descriptions for the drafting of the easements. Beth Crocker asked if there was a drainage problem existing on the site. Gray stated that the flood plain used to extend into the site, but that fill had been used to build the area up and correct it. He further stated that some channelization would have to be done on Skull Creek. Bobbie Jones asked if the Developer would provide the additional fire hydrant requested by the City Engineer. Gray said it would be placed by the pool. Beth Crocker asked if the number of units had been resolved. Gray replied that the number of units had been cut to 54; 55 could be built, but since the complex will be two stories, an even number of units would have to be built. Bobbie said that easements for the water and sewer would have to be provided to the Office of City Planning. Harry Gray said that sewer is shown running West, but he thought it would actually have to be run South and that he would work with Don Bunn to get the easements dedicated. Don Hunnicutt asked if the setback between pie paving and Leverett street was adequate. Bobbie Jones stated that a 10 ft. setback would be required, and the Developer would have to install 10% landscaping,,.and the landscaping would have to be noted on the plat. Gray said he would designate the handicapped parking spaces. Don Hunnicutt asked if sidewalks would be installed at this time. Harry Gray replied that they would be installed along Leverett with this development. They already exist along Sycamore. Subdivision Committee Meeting October 13, 1980 Page 2 Don Hunnicutt moved to approve the Large Scale Development for apartments with the following conditions: 1. The Plat will reflect the 10% landscaping within the 10 ft. setback on the North side of the Development where parking abuts Sycamore Street. 2. Handicapped parking areas will be shown on the plat. 3. Convey, by separate instrument, the necessary easements as requested by the Plat Review Committee. Beth Crocker seconded Hunnicutt's motion to approve. Crocker said this could be considered to be approved since there were no waivers to be approved by the Planning Commission. The next item addressed by the Committee was the approval of the Final Plat of Bronze Tree Village, Phase I, a Planned Unit Development located North of Township Road and West of Brophy Circle; Ralph Brophy - Owner, Ross Fefercorn and Thomas Prokasky - Developer. Zoned R-3, High Density Residential District. Ross Fefercorn was present to represent. Don Hunnicutt asked if the sidewalks on Brophy Avenue had been resolved. Bobbie Jones said the Developers are requesting that the sidewalks be moved to the other side of Brophy Circle. If the Planning Commission does not grant this request, the sidewalks will have to be shown on this plat. Beth Crocker stated that sidewalks are required on Township Road, but are not reflected on the plat. Bobbie said they are required on Township Road according to the Master Sidewalk Plan even though they are not shown on the plat. Don Hunnicutt asked if Drainage Plans and Profiles had been submitted to Clayton Powell. Mr. Fefercorn stated that he has a memo from Clayton Powell stating that Drainage and Street Plans and Profiles are approved for this project. Don Hunnicutt asked if the Certificate of Dedication was accurate.. since this is a PUD. Bobbie said that it had been revised to drop the work "public" in reference to utilities. Don Hunnicutt asked ifi:the Subdivision Committee should require sidewalks be shown on the plat on Brophy Circle. Bobbie Jones said it would depend on the action taken by the Planning Commission on Mr. Brophy's request to relocate the sidewalks. Beth Crocker asked about the Certificate of Dedication. Bobbie Jones said the Certificate of Dedication shown on this Plat is the revised Certificate of Dedication as drafted by the City Attorney, Jim McCord. Beth Crocker said she would like Jim McCord to review the Certificate of Dedication. She said that, from the Certificate of Dedication, it appears that the Developers are dedicating the streets to the Public, and, since this is a PUD, the streets are private. FINAL PLAT BRONZE TREE VILLAGE, PHASE I NORTH OF TOWNSHIP ROAD Subdivision Committee Meeting October 13, 1980 Page 3 Ross Fefercorn asked where the sidewalk on Township should be placed. Bobbie Jones said that the sidewalks must be placed in the street right=of-way. She said they could be attached to the curb, which would not require approval of engineering plans, or it can be at the extreme edge of the right-of-way which would require approval of the engineering plans. The sidewalk must have 1/4" slope per foot, towards the street, or a 1" slope for a 4 ft. wide sidewalk. Beth Crocker asked if the Planning Commission has the power to move the sidewalk on the West side of Brophy to the East side of Brophy. Bobbie Jones said it does. Bobbie said that she had checked with the Circuit Clerk, and if the owners of all property affected submit a signed letter stating that they have no objection to the sidewalk being moved, and if the Planning Commission attaches a resolution to that effect, the Circuit Clerk will note it on the Official Final Plat. Beth Crocker moved to approve the Final Plat of Bronze Tree Village, Phase I, with the following conditions: 1. Certificate of Dedication will be reviewed by the City Attorney, Jim McCord. (Should the word public be taken out of the Certificate where streets are described?) 2. Sidewalks will be required on Township Road according to the Master Sidewalk Plan. 3. Sidewalks will be required on the West side of Brophy Circle, unless the Planning Commission grants approval for them to be moved to the East side of Brophy Circle. Don Hunnicutt seconded. The next item for consideration was the approval of the Large Scale Development Plan for Bill Lazenby (apartments) to be located South of Highway 16 West, and West of LARGE SCALE DEVELOPMENT PLAN BILL LAZENBY BETTY JO DRIVE Betty Jo Drive, Bill Lazenby -Developer. Zoned R-0, Residential Office District. Bill Lazenby was present to represent. Bobbie Jones stated that the filed plat for this subdivision reflects sidewalks along the East side of Betty Jo Drive, and the Master Sidewalk Plan shows sidewalks along the West side of Betty Jo Drive. Unless the Master Sidewalk Plan is amended, sidewalks will be required on both sides of the street. Bobbie said she had issued a memo to the City Manager asking if persons, who had already obtained building permits for the West side of Betty Jo Drive, since the adoption of the Master Sidewalk Plan, would be required to install sidewalks. Bobbie said that this revised plat shows the pavement has been deleted from the 25 ft. utility easement along the West property line of the development. Buildings and parking have been moved closer to the street with the installation of 1O% landscaping. Don Hunnicutt pointed out that the Developer could have parking as close as 10 ft. to the street by installing landscaping, since this is a Residential District, and the plat reflects a 15 ft. setback. Subdivision.Committee Meeting October 13, 1980 • Page 4 Bobbie Jones said that electrical service will be split between Ozarks Electric Cooperative and SWEPCO. Don Hunnicutt asked if the drain mentioned at the Plat Review Committee Meeting had been designated on the Plat. Mr. Lazenby replied that the drain is actually on the other side of Betty Jo Drive. Bobbie said that the plat would have to reflect at least four handicapped parking spaces. Lazenby asked if the parking spaces would require a sign. Bobbie replied that they would. Beth Crocker moved that the Large Scale Development Plan be approved with the following conditions: 1. Note the 10% landscaping between. the buildings and the street between parking and the street on the Plat. 2. Indicate the Handicapped parking on the plat. Don Hunnicutt seconded. Beth Crocker said this plat could be considered approved, as there are no waivers requested of the Planning Commission. The next item for discussion was the • PRELIMINARY PLAT preliminary plat of Meadowridge MEADOWRIDGE SUBDIVISION • Subdivision located West of Old ISRAEL - MAINARD Missouri Road and South of Zion Road; Ben Israel, Owner and Developer. Gail:Mainard - Engineer. Gail Mainard was present to represent. Mainard passed out revised plat which showed sidewalks. Bobbie mentioned that this subdivision is zoned R-2. Beth Crocker commented on the small piece of land that was left over to the North of Frazier Terrace. Bobbie Jones said she had indicated to Mr. Mainard that it should be assigned a lot number, and that it should be noted on the plat that it will be maintained by the Subdivider and that it is not a buildable lot.by itself. Mainard said that the Owner of this property is negotiating with the property ownerszto the North on purchasing the property to the North of this Subdivision. If this property is purchased and subdivided, the small parcel would be included and the lot number assigned to the piece of property in question may complicate things in the future.development. He said he could delete the portion of land completely. Bobbie Jones and Beth Crocker felt the parcel should not be deleted completely. Don Hunnicutt said the easiest thing to do would be to note the parcel as Lot 13 of Meadowridge Subdivision. Bobbie Jones said if the property is noted as Lot 13, it should also be noted that it is not a buildable lot, by itself. Don Hunnicutt asked about the divided threshold. Gail Mainard said that concept had been deleted. Beth Crocker stated that the Developers are improving Old Missouri Road • where it abuts the subdivision. Gail Mainard stated that they were widening the pavement to 15'6" from the centerline, installing curb and gutter and sidewalks. Subdivision Committee Meeting • October 13, 1980 Page 5 • Don Hunnicutt asked for an explanation of the waiver requested for the distance between street lights. Gail Mainard stated that Bobbie Jones had requested that a street light be placed at the end of the cul-de-sac (Sunflower Circle), which required about a 40 ft. waiver. = He asked if the lights on Frazier Terrace between Sunflower and Old Missouri Road could be deleted. The Committee felt it should remain. Beth Crocker moved to approve the Preliminary Plat of Meadowridge Subdivision with the following conditions: 1. Assign a lot number to the small parcel of land North of Frazier Terrace. Indicate it as Lot 13, and note,on the plat that it is not a buildable lot by itself. 2. Recommend to the Planning Commission that a wiaver be granted for the distance between street lights on Sunflower Circle. (about 40 ft.) Don Hunnicutt seconded. There being no one present DISCUSSION ITEM to represent Heritage East Subdivision, ACQUISITION OF PARK LANDS the Subdivision Committee addressed the Discussion of procedure for acquiring park lands as permitted by the Subdivision Ordinance. David Lashley was present to represent. Lashley presented a map outlining areas in which parks exist, and areas in which the Parks Committee hopes to acquire lands for parks in the future. Lashley stated that the Parks Committee had asked the Planning Commission to come up with some way of acquiring lands for parks. The lands would be acquired either by the Subdividers setting aside land, or by the subdividers putting up cash for the purchase of land for parks. Mr. Lashley said that the Plat for Kantz Place PUD is the first plat they had seen where they would like to acquire land. It is located in an area where land is needed for parks. Mr. Lashley said that provisions for parklands within the subdivisions is provided in the Subdivision regulations in Appendix C, Article 4, Section B. Don Hunnicutt said that since this is a Planned Unit Development, and the Developers are already providing a set amount of green space, which is private, he doubted whether the Developers could be required to give up lands for parks. David Lashley said this had been discussed and there had been some questions raised. 1. Are public lands desirable within this subdivision. 2. Can part of the 30% required green space be designated as public land. • If so, could the parks Committee have it, or would they have to purchase it. Lashley pointed out that parks would be maintained by the Parks Committee. ..3 • Subdivision Committee Meeting October 13, 1980 Page 6 He also said that the Parks Committee acres. had The next item addressed by the Committee was the Final Plat of Heritage East Subdivision, Phase I, located South of Huntsville Road (Hwy. 16 East), East of Curtis Avenue, and West of Happy Hollow Road; Charm Homes, Inc.-Owneraand Developer. Present zoning is R-1, however, the Owner is requesting a rezoning to R-2. Tom Hopper was present to represent. Beth Crocker said that the Developer had done quite a bit of fill work. She said she recalled a past subdivision where an extensive amount of fill work had been done, and Newton Hailey had requested that be noted on the plat, on the respective lots. Bobbie Jones asked if the Committee Members had noticed_ Freeman Wood's comments on footings. Beth Crocker said she had gotten some feed back from residents in East Oaks Subdivision on problems with their foundations. Tom Hopper stated that was probably due to the contractor's cheating on the depth of the footings. Beth Crocker asked why Mr. Bishop was having the subdivision rezoned. Mr. Hopper stated that Mr. Bishop was going to rezone the subdivision, but that he was going to covenant that nothing of greater density than a duplex would be constructed within the subdivision. Bobbie Jones said the protective covenants would have to be filed, and that unless the City is made a third party to the covenants, the City could not enforce them. Also, the rezoning will cover -the whole Heritage East Subdivision, not just Phase I. Bobbie said it should be noted on the Plat how the covenants will be recorded, and that the covenants will be recorded with the final plat. Beth Crocker addressed the clarification of Fairlane Street. Hopper said that Mr. Bishop had constructed Fairlane Street from Highway 16 (Happy Hollow Rd. into the Subdivision through the intersection with Emily. He said he wants clarification of the contribution the Developer would have to bear in extending Fairlane to the West in Phase II of the Development. Crocker asked if curb,:;gutter and sidewalks wouldbbe constructed on Fairlane all the way to the intersection of Emily and Fairlane. Mr. Hopper said that curb and gutter would be constructed. Wade Bishop stated that he is currently in negotiation with Mr. McWethy on sidewalks, and if it works out, Mr. Bishop would extend sidewalks out to Highway 16 By -Pass Bobbie Jones said that sidewalks should be shown on the North side of Lot 12, Block 4 on the plat. Upon a motion by Crocker and a second by Hunnicutt, the final plat wasr, approved with the following conditions: 1. The covenants will be recorded at the same time as the final plat, with the City made a third party to the covenants. Indicate on the plat the book and page on which the covenants are recorded. a guideline of a minimum of five FINAL PLAT HERITAGE EAST SUBDIVISION CHARM HOMES, INC. Subdivision Committee Meeting October 13, 1980 Page 7 2. Sidewalks will be constructed on the North side of Lot 12, Block 4, and will be so noted on the Plat. 3. The Subdivision Committee recommends a variance on the street light spacing for two lights; 1) at the intersection of Fairlane and Emily, 2) Lot 31, Block 1, at the Northeast corner. 4. A contract will be entered into between the Subdivider and the City to insure completion of improvements. The next item on the Agenda was the Final Plat of Regency North, Phase II located North of Appleby Road and West of North College Avenue; Charm Homes, Inc. - Owner and Developer, Crafton, Tull $ Associates Engineer. Tom Hopper and Wade Bishop were present to represent. Bobbie Jones stated that at the Preliminary Platllevel, sidewalks had not been required of Mr. Bishop, as .a subdivider, on Appleby Road; but that sidewalks will be required of the builder. Hopper stated that the name of Malinda had been changed to East Malinda so that there would be no confusion as to the street numbers. Hopper said he would like to mention that the City had required that a box culvert be constructed across the portion of Appleby Road bordering the Subdivision on the West. He said the Developers had tried to work with the property owners across Appleby Road (Tony Latricia) in getting the box culvert constructed, to no avail. Beth Crocker moved to approve the Final Plat for Regency North Subdivision, Phase II, subject to Plat Review Comments, and with the developer entering into a contract to assure completion of improvements. Don: Hunnicutt seconded. FINAL PLAT REGENCY NORTH SUBDIVISION CHARM HOMES, INC. The last item for discussion was PRELIMINARY PLAT the Preliminary Plat of Replat of KANTZ PLACE Tracts 1 through 6, Kantz Place, PLANNED UNIT DEVELOPMENT a Planned Unit Development, located North of Highway 45 and West of Highway 265; Ball Family Trust, Owner and Developer; zoned R-1, Low Density Residential District. Tom Hopper was present to represent. Beth Crocker stated that it had come to the attention..of the Subdivision Committee, that the Subdivision Regulations contain a provision that states "for a period of six months after submitting an application for approval of a preliminary plat with the Planning Commission, the Planning Commission may require the Subdivider to reserve sites for public use which are indicated within the boundaries of the proposed subdivision, which are indicated on an officially adopted plan to permit the public board, commission, or body having Subdivision Committee Meeting October 13, 1980 Page 8 jurisdiction or financial responsibility, the opportunity to acquire said sites." Crocker said the Parks Commission Board would like the Developer of Kantz Place PUD to be informed that there are properties within the PUD that they are interested in acquiring. Larry Wood said that the Parks Board's plan map has not been officially adopted by the City Board of Directors, but it has been adopted by the Parks and Recreation Board. Don Hunnicutt stated that the Parks Board is looking at a minimum of five acre tracts. Larry Wood said that for this option to be exercised;it should be exercised at the preliminary plat level. In this case, the Committee is dealing with a replat of a Final Plat. Hopper said the PUD Ordinance reads that the developer or property owners association has to maintain the open space within the PUD until such time as it is turned over to the City for maintenance. Don Hunnicutt stated that the Board is asking for a change in the ordinance in order to obtain land for neighborhood parks. Bobbie Jones stated that the PUD regulations do provide for open space to be public in some cases and read " all land designated as public open space will be reviewed by the Board of Directors prior to final approval of the PUD and, upon transfer to the City, the City will be responsible for its maintenance." Tom Hopper said that the Developer was not installing the swimming pool and tennis courts for the benefit of thevwhole neighborhood or City, but for the benefit of owners within the PUD. The open space within a PUD can be either public or private. Beth Crocker said this should be taken up at the Planning Commission level for further discussion. Bobbie Jones said that in order for the developer to extend the existing Kantz Lane, the curb and gutter surrounding the cul-de-sac should be removed. in order to form a straight street. Don Hunnicutt said that portion of the street contained a catch basin for drainage. Bobbie Jones said that Mr. Hopper would need a waiver on the street light spacing. Hopper stated that a light would be placed between Lots 4 $ 5, on Ball Avenue, but that he would need a waiver for the intersection of Kantz Lane and Ball Avenue on the North end to the street light on the West side of Lot 36; a waiver of the light required at the end of the cul-de-sac, Kantz Cove; and the light required at the South side of Lot 17 and the North side of Lot 29 Bobbie said that a waiver of the minimum distance between curb cuts has been requested. The reason the waiver of the requirement is being requested, is that the lots around the outside are 100 ft. from the perimeter and will permit four-plexes, and, unless there is only one driveway for the entire lot, there is no way they could get four separate driveways (one for each unit) on the lot, and meet the 25 ft. safety zone separation requirement. Dori Hunnicutt said that the Developer had mentioned a designated number of units for each lot, and wondered where that information may be found. Hopper said this had been on the concept plat. Hopper said that the covenants would state there will be a maximum of 272 units, but that number of units for each lot could not be put on the final plat, because the developer wants some flexibility. Subdivision Committee Meeting • October 13, 1980 Page 9 Crocker suggested that a plot plan be submitted with the maximum number of units that could be constructed on each lot, then if there are any left over a variance could be acquired for the remaining lots that had had nothing constructed on them. Hopper said that the developer plans on keeping control over the number of units built on each lot and that would be a condition of sale. Don Hunnicutt asked if the City has an obligation to see that the maximum number of units are not built before all the lots are built upon. Crocker said that the City does not. Crocker asked what kind of a waiver should be granted on the requirement between curb cuts, she wondered if a blanket waiver should be granted. Crocker said she did not want to grant a blanket waiver, and that perhaps the individual plans should be submitted for driveways as the problem does materialize. Don Hunnicutt asked if proof had been submitted that the open space can be maintained until such time as the Property Owners Association could take over. Beth Crocker said that one way to take care of that requirement would be to go ahead and create the property owners association and transfer membership into it as each lot is sold. Beth Crocker moved to recommend the preliminary plat for approval with the following conditions: 1. Remove the curb and gutter on Kantz Lane cul-de-sac and construct a • straight section of street. 2. Waive the spacing between street lights at the intersection of Kantz Lane and Ball Avenue on the North end to the street light on the West side of Lot 36; a waiver of the light required at the end of the cul-de-sac, Kantz Cove; and the light required at the South side of Lot 17 and the North side of Lot 29. 3. Furnish a copy of the covenants and assurance that the common property will be maintained. 4. Refer the question of the parks request to the Planning Commission. Don Hunnicutt seconded. Upon a motion by Crocker and a second by Hunnicutt, the minutes of the September 22, 1980 meeting' of the Subdivision Committee were approved as mailed. MINUTES There being no further business, the meeting adjourned at 4:30, P.M. •