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HomeMy WebLinkAbout1985-02-07 - Minutes• • • MINUTES OF THE SUBDIVISION COMMITTEE A meeting of the Subdivision Committee of the Fayetteville Planning Commission was held Thursday, February 7, 1985 at 3:00 P.M. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville Arkansas. MEMBERS PRESENT: Stan Green, Sue Madison and Joe Tarvin MEMBERS ABSENT: Melanie Stockdell MINUTES The meeting was called to order by Chairman Stan Green and the minutes of the meeting of January 28, 1985 were considered. There being no additions or corrections, the minutes stood approved as distributed. LIFESTYLES, INC. SYCAMORE AT PORTER RD. The second item of consideration was the large scale development submitted by Lifestyles Inc. for an apartment complex located at 2471 Sycamore and represented by Carol Hart and Bob Laser. Green noted that the two major points of consideration were the drainage problem and what percentage of contribution should be made by this developer to off-site improvements on Sycamore Street and Porter Road. Laser stated that the property drains to a ditch on the south side of Sycamore and added that he has drawn in a culvert at the driveway at the request of Street Superintendent, Clayton Powell. He indicated that all drainage appears to end up on the north side of Sycamore. He said he was aware that no on-site drainage was to be emptied into the streets. Laser said he will rely on his engineer to design the on-site drainage plan. Jones said a study of this area has been made by Northwest Engineers which shows a break just south of this developer's south property line allowing the drainage to flow southward and she added that there is a great deal of drainage coming from the east across Porter Road. She said she thought the Street Department may have the funds to install a culvert at Sycamore and Porter. Tarvin said there is a drainage ditch near where Mt. Comfort Rd. crosses the by-pass flowing towards the University Farm. He noted that the drainage is stopped by the by-pass. 110 • • • Subdivision Committee February 7, 1985 Page 2 Jones advised that HUD is requiring Lifestyles to keep the title free of any Bills of Assurance on the acreage that is to be presently devel- oped. She added that any improvements on Porter Road may be attached to Tract B, the eastern portion of land that will not be developed at this time. Laser clarified that Bills of Assurance could be taken on Tract B after the requested lot split is approved (Planning Commission agenda for Monday, February 11). Madison noted that any Bill taken on Tract B would go with the property and a prospective buyer would be required to take on the responsibility of off-site improvements. Green directed the discussion to improvements to be required on Sycamore. Jones advised that Sycamore is a collector street requiring 60 ft. of right-of-way with sidewalks on both sides and noted that this property is approximately 250 ft. from the by-pass right-of-way. Green said that a service drive in this location would probably need to be to the west of the existing farmhouse. Madison said she thought there was sufficient property between this parcel and the by-pass so that additional right-of-way would not be necessary on this property's west boundary. She added that she felt Sycamore should be brought up to City standards with Lifestyles bearing half the cost. Laser requested that, if Lifestyles must bear the cost of a half length of Sycamore Street improvements, they sign a Bill of Assurance stating that the other half of Sycamore would be paved in asphalt to sub -standard condition. Green said he was not certain that Lifestyles should pay half the cost of Sycamore improvements because if it becomes a service road to/from the by-pass, it will carry a great deal of traffic that will be non -related to this development. He clarified with Hart that no resident of Lifestyles will own a vehicle. Madison advised that the development must have frontage on an improved public street; Green noted that the requirement could be waived if conditions were favorable. Laser asked if Lifestyles, as owner of Tract B, could sign a Bill of Assurance attaching that Tract to street improvements. At Madison's request, Tarvin calculated an approximate cost for street improvements on Sycamore to be $28,000 with Lifestyles share at $14,000. ($10,650 for asphalt; $8180 for 6" base material; curb and gutter and 4 ft. $5,380; and sidewalk $5,000). Madison said if a Bill of Assurance were signed for Tract B, half of Tract A improvements would amount to approximately $7,000. 111 • • Subdivision Committee February 7, 1985 Page 3 Jones read the three suggestions that had been made to the previous potential developer of this parcel; Powell (Street Superintendent) recommended full compliance on both streets; Wood (Planning Consultant) suggested building 20 ft. wide pavement on Sycamore with 2 lanes, curb & gutter on one side, and crowned in such a way as to add on to the north side at a future time; and, Grimes (City Manager) suggested vacating Sycamore and placing the drive further south to access the farmhouse. Tarvin explained that the problem with building 20 ft. of road with curb and gutter, is that the crown would be in the wrong place when the street were widened. Laser commented that whatever drainage impro- vement was installed now would probably be torn out later when total improvements were applied. Tarvin suggested cutting a road lower than the property so that the drainage could be carried out into it with a swale to the north side of the road Jones advised that drainage to neighboring property cannot be increased over the current amount of flow. Laser asked if he could plan on a private asphalt as a base to build a City standard street at a future Jones read Powell's Plat Review comments stating Road is improved, storm drainage will be required drainage should not be carried into the street. drive to be used date. that when Porter and that on-site Green said that a point is sometimes reached where it is not reasonable to put any funds into street improvements. He noted that street programs are sometimes developed in which citizens are aware that an approved sales tax will provide capital improvements. Green said he felt the City is taxing this developer because their property abuts this undeveloped road. He said he would like to see Lifestyles build a driveway similar to that required for Christian life Center on Milsap Road and waive the requirement that access be available to an improved public street because the ordinance states that off-site improvements should be meted on a rational nexus basis. He said that based on the need that this development will create, he was not convinced that they should pay anything, particularly because none of the residents will own automobiles. Green noted that if a Bill of Assurance were accepted for Sycamore Street improvements (attaching only Tract B) it would have to be approved by the City Attorney and the City Board. Jones read Fayetteville City code explaining requirements for off-site improvements (Art.III Sec.A.4.A.) including "...subdivider shall be required to bear that portion of the cost of off-site improvements which bears a rational nexus to the needs created by the subdivision." • At Tarvin's inquiry, Laser explained that he would like to maintain the 2" base asphalt drive that exists. 112 • • Subdivision Committee February 7, 1985 Page 4 Green asked what conditions constitute cause for a petition of a waiver of these requirements. Jones read Art.III, Sec.A.4.D. Waivers and Art. III Sec.A.4.C. (2) Determining the necessity for off-site improvements. Tarvin said he thought that, if this development were assessed for their portion of said improvements, it would not amount to anything more than the driveway type access that they are proposing. Green agreed that supplying the asphalt, as suggested, may meet Lifestyles share of improvements on a rational nexus basis. Madison was assured that the drive as proposed would allow access for two-way traffic, garbage and fire trucks, and ambulances. Jones said they would need to consider that the larger sanitation trucks weigh approximately 70 tons. Green said that he would be willing to accept only an asphalt driveway as off-site improvements with the intention that the asphalt would serve as a base for building the street to City standards at a future date. Tarvin added that a culvert would be necessary. Green said he would be in favor of the east tract of this parcel being responsible for off-site improvements to Porter Road if the requested lot split is approved. Green asked if the driveway problem had been corrected and Laser answered affirmatively, stating that it is now perpendicular to Sycamore. Jones inquired about the requested sidewalk on Sycamore. She said it is required because it is on the Master Plan and a waiver for this requirement could only be granted by the Board of Directors. Green recommended a a Bill of Assurance for the sidewalk from a point on the northeast corner of Tract A to the east boundary of Tract B on Sycamore and along Tract B east boundary along Porter Road be accepted attaching only Tract B. Jones said she could accept a Bill of Assurance for the sidewalk along Sycamore where development is to take place (Tract A) and tie it to Tract B and that the building of sidewalk on Porter Road will be tied to development of Tract B. Jones said the Parks and Recreation Advisory Board will make a recommend- ation on whether a parks fee will be required at their meeting prior to the Planning Commission meeting on Monday, Feb. 11. Green asked about the water line and the fire hydrants and Laser explained that they have no problem with the requests made by the Fire Inspector regarding these items. Jones requested that the fire hydrant be shown in the plan when presented for a building permit. She added that the second fire hydrant will need to be shown on the plat before a building permit will be issued for the future commons building. 113 • • • Subdivision Committee February 7, 1985 Page 5 Green asked if there were any problems with the Plat Review requests made by the utility companies and Laser said there were not. Jones noted that the 10% required plants between parking and street have been omitted and Laser advised that it will be included with the landscaping plans. At Green's request, Jones cited the chain of approval for a large scale development and appeal of a decision made by this Committee or by the Planning Commission. Green noted that any Planning Commission member may wish to discuss this development at the meeting Monday night, February 11. He advised that the recommended sidewalk Bill of Assurance could be refused by the Board which would require that the developer install same at this time. Jones said that she would be able to accept the Bill of Assurance administratively. MOTION Green moved approval of the Lifestyles large scale development subject to 1. Plat Review comments; 2. installation of a 15 ft. wide 2" asphalt driveway beginning at Porter Road and Sycamore and extending through the access driveway to this property; 3. installation of a culvert at the east side of the driveway to carry drainage across the street; 4. a Bill of Assurance for a sidewalk from the west end of the property to the east end of the of the property (after the lot split) which shall be tied to the east tract of this property (Tract B); 5. the addition of the fire hydrant to the plat; and, 6. addition of the 10% plants between parking and street. Tarvin seconded and the motion to approve passed 2-0-0, Madison having left the meeting. The Committee interprets that off-site improvements for Porter Road will be addressed when development of Tract B (as shown on the survey) takes place. CARPET CABIN 3246 SOUTH SCHOOL The third item of consideration was the large scale development for Carpet Cabin, located at 3246 S. School and represented by M. D. Peoples. Jones explained that there is a power pole, fire hydrant and a water meter obstructing the widening path on Whillock Street and Powell has agreed that a Performance Bond would be acceptable for a one year period (commencing at the date of the store opening) for the widening. Madison (having returned) advised that there is a problem with the narrowing of Highway 71 near this location. She said that a petition was presented to the Board of Directors Tuesday, February 5 of this 11 1 • • • Subdivision Committee February 7, 1985 Page 6 year and as a result, a resolution was passed requesting the State Highway Department add a traffic lane to the problem area between Willoughby and Whillock. Green asked if any additional right-of-way needs to be taken from this developer and Jones replied that it does not but that the developer might wish to move his proposed building back from the right-of-way. Tarvin noted that the Highway Department would compensate the developer for any additional right-of-way that they would need to take. Jones advised that the setback here can be 25 ft. from Highway 71 right-of-way with no parking and 10% of the area in plants. Peoples stated that he would like to install all of the required improve- ments right away but that, because of the financial burden of moving the power pole, fire hydrant, water line and water meter, he would prefer to give the City a performance bond. He said he wants the streets surrounding his business to look nice and that he cannot afford any flooding problems so he will be sure to take care of any drainage problems. Peoples said the drainage from the south flows to the east and that all of the drainage ends up in a catch basin at the northwest corner of his property. He added that Whillock will always be a dead-end street because it backs up to Country Club property. Green said he would be in favor of accepting a Bill of Assurance or a performance bond if Peoples did not want to install the Whillock Street off-site improvements immediately. Jones asked if 18" drainage tile would be large enough to handle the run-off from the hill to the east of this property and Peoples advised that Powell thought it would be. Jones said she could accept a Bill of Assurance for the sidewalk required on Highway 71. Tarvin said he thought that if a utility pole were on City property, the City could request its removal at the utility company's expense. Green said he would prefer a Bill of Assurance over a performance bond for the off-site improvements as he felt that the Highway Department might take care of moving the utilities when they widen the highway which would eliminate the problem. Green asked who determines if a water line needs to be moved and Tarvin commented that water lines are usually three feet under ground to keep from freezing and that it probably is not necessary to move it. Jones said the hydrant can be moved without moving the entire water line. Green said he thought the best way to handle this situation was to accept a Bill of Assurance for sidewalk on both Whillock and Highway 71 and another Bill of Assurance for the widening of Whillock. 115 • • • Subdivision Committee February 7, 1985 Page 7 Madison said she prefers to take a performance bond as it would guarantee the funds being available even if this business should fail. Peoples noted that Powell was not certain if sidewalk was required on Whillock Street and Jones said it is not required unless it is shown on the Master Plan which needs to be checked. She said if it is required, she can accept a Bill of Assurance. Tarvin said he thought this developer should not be required to install any more off-site improvements unless it was his desire and Green agreed. Peoples said he would like to install everything but the sidewalk. Green asked if the drainage system will be installed at this time and Peoples said that it would. Tarvin agreed that it would look nice and be acceptable to him if drainage pipe were installed on Whillock with a culvert and grass planted over it which will allow the addition of a curb at a later date. Tarvin explained that the drainage will flow towards Highway 71 where the catch basin is located. Jones advised that Peoples is giving an additional 10 ft. of easement on Whillock Street. Madison asked if there were any reason not to move the handicap parking spaces closer to the proposed door. Peoples agreed that he would move them. Madison asked if all the parking shown was necessary and Peoples explained that originally Jones had requested 30 spaces and after they had been drawn out, she had found that only 20 are required. Jones said that "carpet sales" could be found under two different uses hence the difference in number of parking spaces and she added that either number was acceptable to her. Green advised that when the building is expanded, as planned, several parking spaces will be eliminated. Madison asked if the dumpster placement was acceptable and Jones said that it was. Green asked if the property owner to the east has been notified and Peoples said that he would do that immediately following this meeting. Jones advised that this plan could be denied at Monday's Planning Commission meeting is proof of notice is not supplied. MOTION Madison moved approval of this large scale development subject to 1. Plat Review comments; 2. proof of notification of adjoining property owner to the east; 3. an 18" drainage culvert installed on Whillock; 4. no further improvements being required on Whillock unless a sidewalk is shown on the Master Sidewalk Plan in which case the Committee will recommend a Bill of Assurance be taken; 5. recommendation of a Bill /16 • • • Subdivision Committee February 7, 1985 Page 8 of Assurance for sidewalk on Highway 71 spaces being moved two spaces closer to and the motion to approve passed 3-0-0. OTHER BUSINESS Meeting Time ; and, 6. the handicap parking the building. Tarvin seconded Members discussed a possible new meeting time for this Committee and although the members present preferred to meet on Fridays at 11:00 A.M., it was decided to wait until the nomination of Planning Commission officers, as members of this Committee may change. Discussion of Rational Nems A discussion ensued regarding the computation of rational nexus; a developers contribution to off-site improvements proportionate to the need his development creates. Members agreed that consistency was necessary and asked to hold a further discussion of this issue with the full Planning Commission. There being no further business, the meeting adjourned at 6:00 P.M. 117