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HomeMy WebLinkAbout1987-09-24 - Minutes• • • MINUTES OF THE SUBDIVISION COMMITTEE OF THE FAYETTEVILLE PLANNING COMMISSION A meeting of the Subdivision Committee of the Fayetteville Planning Commission was held on Thursday, September 24, 1987 at 3:30 p.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: Frank Farrish, B.J. Dow and Stan Green NONE Mr. & Mrs. Burge and Doug Harriman PRELIMINARY PLAT - ZION ESTATES ZAMBERLETVI - EAST OF HWY 265 & NORTH OF ZION RD. The first item of consideration was a preliminary plat of Zion Estates located east of Hwy 265 and north of Zion Rd. Submitted by Zamerletti and represented by Dave Jorgensen of Jorgensen and Associates. Property located outside the Fayetteville City Limits, total acreage is 33.32 with 9 proposed lots. Correction to the Plat Review Minutes: change "ZION ACRES to ZION ESTATES" Farrish asked if proper notification had been served to all adjoining property owners. Jorgensen advised the plat reflected a property owner as being "Dilday", which was incorrect and noted the correct property owner was Doug Harriman. Farrish asked Mr. Harriman if he had received proper notice and Mr. Harriman replied "no". Farrish asked Carlisle if it would be appropriate to continue to hear this item without proper notification. Carlisle advised the Subdivision notice was for the Planning Commission meeting. i Mr. Burge advised the notices were not mailed until 1987 and a lot of people out that way would not mail until noon today. Mrs. Burge added they were that received notice of the preliminary plat. September 23, receive their the only ones Sandra Carlisle read the ordinance for notification of a concept plat and preliminary plat. "for both the concept plat and preliminary plat the developer shall notify all surrounding property owners within 100' of the proposed subdivision. The developer shall submitt proof of notification prior to the Planning Commissions review of the plat". She advised the preliminary plat would be voted on at the full Planning Commission meeting on Monday, September 28, 1987. She added Mr. �0 • Subdivision Committee September 24, 1987 Page 2 • • Harriman somehow new of the meeting because he was in attendance at this meeting. She asked Mr. Harriman if he would sign the plat to show that he had been informed that this subdivision would be heard at the Planning Commission meeting. Green asked Mr. Jorgensen if he would have in his possession all the return receipts by Monday, September 28, 1987. Mr. Jorgensen replied he had sent the letters out Monday and had not received all the green receipts back as yet. Green advised Mr. Jorgensen if he did not have all the green receipts by Monday, September 28, 1987 that he might go around and have the property owners sign the plat before the Planning Commission meeting. Farrish advised the Subdivision Committee would start with reviewing the plat review comments. Green asked for the exact location of this proposed subdivision. Jorgensen replied Zion Rd. jogged to the north approximately 660 or a quarter and at the end of that jog to the north was the entrance to the proposed subdivison. Jorgensen also noted the proposed subdivision was outside the city limits, but bordered the city limits on the west. Farrish advised the 25' easement between lots 8 & 9 and 6 & 7 requested by Ozark Electric was in place on the plat. He also advised the fire hydrants requested by the fire department were shown on the revised plat (between lots 1 & 2 and at lot 4). Jorgensen advised the street lighting was also reflected on the plat with 300' spacing. Jorgensen said the developer was requesting a Bill of Assurance on the sidewalk for Julie Lane as well as the curb and gutter. Farrish asked if the developer was proposing to build the street without curb, gutter and sidewalks and Jorgensen replied "yes". Jorgensen added the width of the street would be 27 feet, so that when the curb and gutter was installed or if it was ever put in then it would be a 31' back to back. Farrish asked if there were any other reason for the request other than the expense. Jorgensen replied the main reason was the development cost out of the city limits. Dow noted the subdivision would be using city services (sanitation and water). Jorgensen added the lots would be served by septic tanks. Dow said she saw a couple of things the Subdivision Committee could not do at this meeting. She said the tandem lot and the maximum length of the cul-de-sac waiver would have to be heard and approved by the full Planning Commission. She asked Jorgensen if there was any way to work lot 6 (tandem lot) into A\ • Subdivision Committee September 24, 1987 Page 3 the west side of the subdivision. She said there was a lot of land to work with. Jorgensen noted originally lot 6 was on the other side, but the developer (Jim Lindsey) wanted to divide the corner lot into 2 lots. Dow said it did not seem insurmountable to move several lots lines to end up with that extra lot. Farrish asked if the perc test had passed. Jorgensen said the perc test passed in 1984 and would have to be updated, but the letter was written to the State from the County, stating everything was okey. Carlisle asked if storm drainage would be installed inspite of no curb and gutter. Jorgensen replied "yes", and in talking to Mrs. Burge he understood the road as it was cut in now was washing out Zion Road. Mr. Burge noted the water came straight down Julie Lane. Jorgensen said the water problem would have to be corrected and the drainage would be improved. Doug Harriman stated as now there was a problem Harriman said there was ditch to Julie Lane. He somehow because it would far as the curb just on Julie a huge amount said the water and gutter he knew right with the water. Mr. of water that ran from a needed to be controlled wash the road out.• Ellen Burge stated she lived at the foot of the proposed subdivision and when it rained the water comes down the road and was cutting away at her lawn. She said she was not in opposition of the development, but she did not want the waiver granted for no curb and guttering on that street. She would like for Julie to be brought up to City Standards because it was within the planning area. She said when this area is annexed into the City the road would already be done and would not have to be done twice. She noted Julie Lane had already been torn up twice, with water and various things and felt it would just be a big waste of time. She said a drainage ditch on esch side of Julie would not carry the amounts of water that flows down the road. Mr. Harriman asked if the road would be black -topped or concrete. Jorgensen said he would imagine the road would be asphalt, that is if they were allowed to install the street without curb and gutter. Jorgensen said the fact that if Julie had curb and gutter did not necessarily mean it would solve the drainage problem. He said ditches could be installed on each side of the street and if it was done property the drainage could be controlled. Jorgensen agreed the curb and gutter would be nice, but the developer was saying this was outside the City Limits and did anyone see any place outside the city were you would be required to put in curb and guttering. Mrs. Burge said someone had put in a culvert and drainage system •� Subdivision Committee September 24, 1987 Page 4 on Zion Road, but it was very inadequate. Jorgensen said that was an 18" culvert and agreed the drainage would have to be improved. He thought the drainage could be accomodated with borrow ditches and a properly sized culvert across Julie where it would meet Zion Road. He really did not see where curb and gutter would solve the drainage problem. Mrs. Burge asked Jorgensen how he proposed to obtain the additional property to make a bigger and wider drainage ditch. Jorgensen said he would try to build the improvements within the ROW of Zion Road as it was right now. Mrs. Burge added Mr. Parkers fence sat on the ditch and he would not even let the County grade the road beyond his fence. She said Mr. Parker would not give 1 inch and she and her husband had given everytime on their side. Farrished said whether the street had curb and gutters or not the drainage problem would have to be dealt with. He said probably the best way to do that was for City Staff to approve the drainage plans. Carlisle advised the City Engineer would have to approve the drainage plans anyway. Dow advised she was not in favor of waiving the City Standards. She said if the subdivision was not going to be using city services she might feel differently, but they would be using the trash service and city water. Green asked Carlisle why the developer had to build the road to full City Standards. Carlisle advised the proposed Subdivision adjoins or abuts the Fayetteville City Limits. Farrish said the tandem lot did not concern him and that it was a design thing that would require a long driveway. He said as far as bringing the street up to City Standards he did not see any reason not to bring it up to standards. He said it was adjacent to the City Limits and it would be brought into the City at some point in time. Farrish asked Mr. Jorgensen if the developer did not want to bring the road up to standards at all or would he do it at some point in time with a Bill of Assurance. Jorgensen replied the developer told him that he did not want to do it at all. Green felt if the property adjoined the city there would not be any option to not do the improvements at all from what Sandra Carlisle had said. Jorgensen said he advised the developer the improvements was a requirement and the developer told him to request a waiver of the required improvements. Green asked Carlisle if there were provisions in the ordinances to waive the requirements • Subdivision Committee September 24, 1987 Page 5 • • completely. Carlisle said the only way would be from the Board of Directors to waive the width from full City Standard to the proposed 27' without curb and gutter. Jorgensen advised if the developer could not receive a waiver on the curb and gutter his next option would be to install a 27' wide street and install curb and gutter when and if ever annexed into the City. Carlisle said the required improvements would still be 31' back of curb to back of curb and only the City Board could waive that requirement. Carlisle advised a Bill of Assurance could be requested at the Planning Commission meeting for the sidewalk and he could not request a waiver of the curb and gutters from the Planning Commission. Green advised Jorgensen his plat reflected a 60' ROW and that only 50' of ROW was required. Jorgensen said the developer had decided on the 60' of ROW sometime ago. MOTION Dow moved to approve the preliminary plat of Zion Estates subject to: 1) plat review minutes; and 2) send to the Planning Commission with no recommendation of the maximum length of the cul-de-sac or the tandem lot. The motion died for the lack of a second. Green felt there was no choice on the street and what had been presented could not be approved by the Subdivision Committee. MOTION Green moved to recommend approval of the preliminary plat of Zion Estates subject to: 1) plat review comments which include all the compliances with the City Standards; 2) with a recommendation that the maximum length of the cul-de-sac be waived and the tandem lot be approve as a conditional use; and 3) a Bill of Assurance for the sidewalk on one side of Julie Lane, seconded by Dow. The motion passed 3-0-0. LARGE SCALE DEVELOPMENT PLAN - SPE DEE MART HOYET GREENWOOD - NW CORNER OF CURTIS AND FIFTEENTH The second item of consideration was a Large Scale Development plan submitted by Hoyet Greenwood and represented by Ervan Wimberly of Northwest Engineers for a Spe Dee Mart. property lcoated on the northwest corner of Curtis and fifteenth Street. property zoned C-1, and contains 2.24 acres. Carlisle advised the notice published in the local newspaper for • • • Subdivision Committee September 24, 1987 Page 6 this Large Scale Development had no date for the Subdivsion Committee meeting. She said Jim McCord had sent a memo out stating that the date of the Subdivision Committee meeting shall be published as well. Carlisle stated her recommendation was to not hear this request today (September 24, 1987). Wimberly asked where in the code book did it say dates had to be published and Carlisle noted she was just passing on information from the City Attorney and that was his interpretation of the ordinance. Farrish advised in recognizing that the notice possibly was not in compliance, would go ahead and hear the Large Scale Development with the understanding that if ruled that the notice was not in compliance the Large Scale Developement for the Spe Dee Mart would be heard at a later date when the notice does comply. Green then stated an answer would be required from Jim McCord before Monday as to the compliance of the notice in question. Wimberly advised the reason he was late was because he was in Springdale at a plat review meeting. He said a large plant had considered Fayetteville, but was now going to Springdale. He noted the plant would cost approximately 4 -million dollars that Fayetteville does not get. Farrish advised the gas company had requested a 25' easement across the 100' electric easement. Wimberly advised if gas service was not required only a 20' easement would be required. He noted no gas service would be required for the proposed Spe Dee Mart. Farrish noted the conduit for the pay phones was indicated on the plat. Wimberly noted Ozark Electric and SWEPCO were deciding who would service the Spe Dee Mart. He added technically this was in Ozarks territory. Wimberly noted the recommendation from the Fire Department was passed on to the owner for the 10" test pipe to be located underground. Wimberly noted there were no problems with the plat review comments Dow said in her opinion the side requested variance did need to be screened. Wimberly noted private easement and another 15 utility easement was 115' between the mobile home park and the Spe advised she would look at the site one more Planning Commission meeting on Monday. MOTION for a screening there was 100' He said there Dee Mart. Dow time before the Dow moved to recommend approval of the proposed Spe Dee Mart subject to: 1) plat review comments; 2) no recommendation • • • Subdivision Committee September 24, 1987 Page 7 regarding the screening Attorneys opinion as to The motion to recommend DISCUSSION OF POLARBEK waiver; and 3) contingent upon the City proper notification, seconded by Farrish. approval passed 3-0-0. The third item of discussion was Polarbek. Carlisle gave a report saying that Stan Green had spoke with Mr. Pennington yesterday about holding a hearing of polarbek to the full Planning Commission on Monday. Carlisle said she was concerned about notification of the hearing. She said since this was Thursday she held up taking the notice to the newspaper for the agenda for Sundays addition, until she could speak with Mr. Pennington. She said after speaking with Mr. Pennington he agreed that the concern of the notification was so great that there would not be proper time to get anything into the newspaper to give people ample time to gather forces or whatever. Carlisle said if the Subdivision Committee wanted to have the Planning Office run something in the paper then meet 7 days later or advertise in the paper that it would be heard by the full Commission either at the regularly schedule meeting (october 12, 1987) or whether they would want to call a special Planning Commission meeting. Farrish asked what a proper notice was and days. Green said the ordinance did not say was saying that would leave no room for anyone Carlisle replied 7 that, but Carlisle to complain. Dow said since this had been such a "red hot" political issue and the Commission was polarized on it asked if there was a way to pass this issue on the City Board. Farrish said they had been requested by the City Attorney and the City Board to have this meeting and address the situation. Green felt Polarbek needed to be sent to the Planning Commission and then someone had to appeal it to the City Board. Green also said the Subdivision Committee had been instructed to do two different things. Green said the notice should be published 7 days prior to a Subdivision Committee meeting, then the Subdivision Committee would meet 7 days after the notice was published for a special meeting to hear the plan. He said the Planning Commission could decide Monday night if they would want to come to the Subdivision Committee meeting. He added Ernie Jacks could probably appoint all nine Planning Commission members to the Subdivision Committee if he wanted to. After considerable discussion the Subdivision Committee voted on a motion. • • • Subdivision Committee September 24, 1987 Page 8 MOTION Green moved to refer the Large Scale Development (Polarbek) to the full Planning Commission as requested by the City Board and request that the Planning Commission set a date to hear the LSD at their regular meeting on Monday, September 28, 1987 at 5:00 p.m., seconded by Dow. The motion to refer passed 3-0-0. Green requested Sandra Carlisle to talk with Mr. Pennington and Mr. McCord before the Monday night meeting to clarify the conflicting opinions that had been received.