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HomeMy WebLinkAbout1986-03-06 - Minutes• • • MINUTES OF THE SUBDIVISION COMMITTEE A meeting of the Fayetteville Subdivision Committee vas held on Thursday, March 6, 1986 at 4:00 P.M. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: Ernie Jacks, B. J. Dow, Stan Green and Sue Madison MEMBERS ABSENT: None BRADFORD PLACE LSD - REVISIONS N. GARLAND - LINDSEY CONST. The first item of consideration was revisions for the large scale development of Bradford located on Garland south of Agri -Park submitted by Lindsey Construction. Chairman Jacks advised this LSD was originally approved with the stipulation that only 36 units could be built with a single access and that Ernie Jacks Blvd. on the north border would be constructed before additional units were built. Requested today 1s permission to build 36 additional units without construction of Ernie Jacks Blvd. Gary Carnahan, representing Lindsey, stated that a temporary second access point will be constructed on the south boundary if permission is granted to build the requested units. He said there are 24 units completed at this time; buildings 15, 16, 17 & 18 with permission to construct buildings 9, 10, 11, 12, 14 & 19 being requested. Jacks noted the request is to allow 66 units with one access and a half access. It was determined that the alley on the south boundary is currently used by the adjacent church and that the paving is 12' wide with ditches on both sides. Carnahan said there is not much traffic on said alley. Madison asked how long it would be before Ernie Jacks Blvd. would be built and Carnahan said the project is being built to meet market demand and could not give a definite time. Green asked about construction after these proposed 66 units. Carnahan advised that sale of these condominiums cannot be predicted. Jacks said he would feel more comfortable with a time limit after which this development would be re -considered because of the limited access. MOTION Madison moved the Committee grant the request for a temporary drive onto the alley on the south border of the property with the provision that, should a permanent second access point be provided within one year, the alley access will be re -considered. Dow seconded followed tOJ • Subdivision Committee March 6, 1986 Page 2 by discussion. Green asked if this developer was still in agreement with the construction of Ernie Jacks Blvd. and Carnahan said he was. Carlisle asked about sidewalk scheduled for installation before the second phase of development begins. Carnahan said permission was given to defer sidewalk construction along Garland until a later date. Green noted that, if the developer decides not to construct the units proposed along the north side and does not build Ernie Jacks Blvd., there will not be another point of ingress/egress without tearing down a building. Carnahan said the intent, at this time, is to continue with plans as originally submitted. Green said the question had not been addressed as to what arrangements should be made for access to Ernie Jacks Blvd. if the northern portion of this property is developed by someone other than this developer. He said he wasn't sure a second access point was necessary and Madison said she felt it was. Madison made the following amendment to her motion: Sidewalk construction at the northwest corner of the property be delayed. Dow accepted the amendment and the motion passed 4-0-0. OAKSHIRE APARTMENTS LSD - REVISIONS • RANTZ DRIVE - LINDSEY FAMILY TRUST • The second item of consideration today was revisions of Oakshire Apartment complex large scale development located on Kantz Drive and East Oaks submitted by the Lindsey Family Trust. Jacks advised that stipulations of approval granted by the Subdivision Committee on 9-21-84 were that internal drainage be carried to a City storm drainage facility and that a second point of access be provided. He noted that a revised plan has been submitted reflecting said revisions. Carnahan said the original subdivision plat was approved with the concrete drainage swale that is reflected on this plat. He said a storm sewer has been added to the northwest corner of the property which will carry the flow to the intersection of East Oaks and Kantz (approximately 150'). He said the owner of this property also owns that parcel to the east where the drainage will be carried. Carnahan advised the parking lot shown in the northwest corner will be relocated but all (utility) services would remain the same. A provision to connect internal and external sidewalk was discussed and it was determined that this stipulation was eliminated during the Committee's review in October, 1985. MOTION Green moved approval of revisions as presented by Carnahan noting that there is very little pedestrian traffic in this project. The motion died for lack of a second. ��3 • • • Subdivision Committee March 6, 1986 Page 3 MOTION Madison moved approval subject to connection of external and internal sidewalks. Dow seconded followed by discussion. Green said he would vote against the motion as he felt it would cost the developer unnecessary money to install a sidewalk that is not required by code. Madison said the Committee's role was to address safety in LSDs and Green replied he didn't think the sidewalk was a matter of safety. Jacks agreed with Madison's sidewalk request but advised that it did not constitute a criteria for refusing approval. The motion passed 2-1-1, Green voting "nay" and Jacks abstaining. Green noted that, because of the resulting vote, the developer could either build the sidewalk or appeal the request to the Planning Commission. APPLEBY APARTMENTS LSD - PRELIMINARY PLAT GREGG STREET AT APPLEBY RD - LINDSEY CONST. The third item of consideration today was Jacks noted Clayton Powell's comment regarding consideration to the re -location of required sidewalk from the north side to the south side of Appleby. Carnahan requested the sidewalk required be left on the north side as reflected on the Master Sidewalk Plan. Jacks noted plat review meeting discussion of right-of-way requirement along Gregg Street and Carnahan advised that this developer had agreed to dedicate a total of 60' to be reflected as 15' on the west side of Gregg Street and 45' on the east. Carnahan clarified that Powell had said paving could take place right up to the railroad r/w on the west. Parking spaces were discussed and Carnahan advised that he has eliminated enough to bring the total down to the required 162. Jacks asked if adjoining property owners have been notified and Carnahan said he would present proof of same Monday, March 10th at the Planning Commission meeting. Jacks referred to a note from the Parks and Recreation Advisory Board stating they would like to have a donation of land to which this developer is agreeable according to Carnahan. He said the land will be applied towards Greenspace fees for this project as well as credited towards future Lindsey projects. It was noted that this park land will adjoin park land donated by Wade Bishop in the neighboring Quail Creek Addition. Carlisle clarified that accepting land for parks in flood plain zones is permissible. She advised the Parks Board meeting took place Monday, March 3rd and minutes will follow shortly. Carnahan reiterated the developer will dedicate r/w on Gregg, widen the street and build a curb & gutter as well as a 5' wide sidewalk. He said he will also provide water and sewer extensions. He said he prefers not to install sidewalk on Appleby Road. 114 • • • Subdivision Committee March 6, 1986 Page 4 Madison asked if any units were being specifically designed for the handicapped and Carnahan replied they were not but spaces for handicapped parking were being provided for visitors. Madison expressed concern regarding handicapped spaces being vacant most of the time and perhaps being misused. Construction of Gregg was discussed and Carlisle noted it is on the list for 1986. Green said he didn't feel this developer should have to bear the cost of construction on this portion of Gregg when the City is paying the cost of construction for the remainder of Gregg Street. Referring to "rational nexus", Green said City Attorney McCord has advised that it cannot be used "...to portray an indirect or remote or vague relationship". He pointed out that a basis which can be quantified and proved for requiring improvements must be provided. Jacks said he has thought of "rational nexus" as a proportionate share and Madison noted that 182 people will occupy this development. Jacks was in agreement with Madison's suggestion that a bill of assurance for street improvements be accepted to coordinate with the City's construction schedule. Green requested discussion of "rational nexus" basis so as to be able to defend same. Jacks suggested McCord attend a Planning Commission meeting for such a discussion. Madison suggested a traffic count in subject area to try to determine the "rational nexus". Green and Jacks agreed it was difficult to arrive at equal or fair proportions of contribution. Green clarified that he felt it was not the code that is unfair, but the application that is being proposed in this case. Green added he was also willing to accept a bill of assurance for required street improvements. Jacks said that, if asked to defend requiring off-site improvements, he felt the development generates the proportionate need for what is required by the ordinance. Green said he did not feel that was the intent of the ordinance but that a relationship must be drawn between the need this apartment complex creates for the improvement being required to the total need for the improvement. He said he felt this development was adding an incidental amount of traffic to a street already in existence. Green quoted an opinion from McCord: "It must definitely appear that the proposed action by the developer will either forthwith or in the demonstratively immediate future, so burden the abutting road through increased traffic or otherwise as to require its accelerated improvement." Carlisle cited Art.IV, Sec.i, 2(d) which states "...the developer 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". MOTION Green moved approval of this large scale development plan subject to 1. resolution of the Greenspace requirement; 2. resolution of off-site improvements on Gregg Street; 3. proof of notification of adjoining 116 • • • Subdivision Committee March 6, 1986 Page 5 property owners with different zoning classification. Madison seconded and the motion passed 4-0-0. OLD BUSINESS Madison commented that a sidewalk bill of assurance was recently granted to St. John's Lutheran Church located on the northwest corner of Highway 265 and (proposed) Township Road on the basis there was no surrounding sidewalk. She said, upon closer inspection, she has found sidewalk existing south of Township and Highway 265 northward into North Oaks Addition with the only gaps being on the property of St. John's and the adjoining church to the north. Madison said she felt the developer should have been requested to install the sidewalk at this time and requested this type of situation be checked more thoroughly by the Planning Office staff and Carlisle suggested same might be investigated on the tour made by the Planning Commission the day of their meetings as the Planning Office does not have the personnel to spare for such a purpose. There being no further discussion, the meeting adjourned at 5:15 P.M.