HomeMy WebLinkAbout1990-08-16 - Minutes•
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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, August 16, 1990 at 10.30 a.m. in
Room 111 of the City Administration Building, 113 West Mountain
Street, Fayetteville, Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
J.E. Springborn and
Charles Nickle
Jack Cleghorn and J. David Ozment
Don Bunn, Becky Bryant, Elaine Cattaneo,
Carl Russell, and Mr. & Mrs. Dale
Benedict
LARGE SCALE DEVELOPMENT PLAN OF BIO -TECH PHARMACAL
DALE BENEDICT - W OF SHILOH DRIVE, N OF OLD FARMINGTON RD
The only item was a large scale development plan of Bio -tech
Pharmacal submitted by Carl Russell of Smith & Russell Architects
on behalf of Mr. & Mrs. Dale Benedict for property located on the
west side of Shiloh Drive, north of Old Farmington Road. The
property contains 10 acres more or less and is zoned C-2,
Thoroughfare Commercial.
Commissioner Springborn advised that the Plat Review minutes seem
to indicate a few problems with getting the utility services to the
property.
Carl Russell, representative for the developer, stated that the
only utility that is a problem is water. Sewage is available, gas
isn't needed, and the power company has indicated that they are
more than willing to run a power line from their closest source
down the utility easement which runs along the east side of the
property along Shiloh Drive and subsequently a proposed utility
easement along the north property line to a pad -mounted or pole -
mounted transformer.
In answer to a question from Commissioner Springborn, Mr. Russell
stated that the trees near where the utility lines will be along
the north side are on the north side of the fence on another
property. Commissioner Springborn stated that the plat shows some
of the trees coming right down next to the property line. Mr.
Russell advised that the trees overhang the property.
Mr. Russell stated there is an existing 15' utility easement
paralleling the east property line. At Plat Review it was noted
that they might need to expand it to 50' to better serve the
purposes later. He noted that they have no particular objection
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to extending that to 50' if needed.
Mr. Benedict stated that he is concerned about the transformer
being too close to the building because of the electro -magnetic
field. Mr. Russell noted that is a project planning problem to be
worked out which doesn't necessarily concern this committee.
Mr. Russell advised that there is a 21" sewer line down the east
side of the property. The water problem has not yet been
resolved. There is no water service to this property. The owners
propose to drill their own well for domestic water usage. The
City Engineer indicated that the City would have no problem with
that. However, they have encountered a problem with the Fire
Department. Chief Jackson interprets the Code to say that there
must be a fire hydrant within 500' of the most remote portion of
the building. They don't have any problem with putting in a fire
hydrant, but with how to hook it up. The nearest water source is
at the corner of Old Farmington Road and Shiloh Drive about 1/2
south of this site across three or four intervening properties.
Becky Bryant, Associate Planner, advised that she has had several
conversations with Mickey Jackson, Fire Chief, about this problem.
There is a State law and a City Code that requires a fire hydrant.
However, the State doesn't always enforce their regulation. One
possible option is for them to pay an annual fee to Farmington,
because they have a large water truck that they could bring to the
site in case of a fire. They could work out some sort of joint
service with the Fayetteville and Farmington Water Departments as
a temporary solution until there is more development along this
road. She added that she doesn't know if Farmington would be
willing to do that, since this is out of their territory. It
would be a temporary solution to fire protection. City trucks
don't have much water capacity but Farmington's do. The other
possibility would be to let them drill the well and grant a
temporary waiver for a short period of time. They could build
their facility with the initial development costs and then, in a
certain period of time, go ahead and bring the water line to the
property. She added that she had discussed this with Jackson and
him to write a memo to the City Manager. The City Manager or the
Board of Directors will ultimately have to resolve this issue.
Mr. Russell stated that there should be some sort of a mechanism
whereby the owner can develop a property with this sort of a
problem under a Bill of Assurance that, when the intervening
properties are developed, he will participate in the cost of a
water main.
• Becky Bryant advised that this is the kind of problem developers
run into when developing commercial facilities so far out. The
high infrastructure cost is one of the reasons why rezoning tends
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to discouraged and one of the reasons the staff did not want this
property to be zoned commercial. However, now that it has all
happened, the staff wants to do everything they can to work with
the Benedicts. She suggested that they get a copy of Mickey
Jackson's memo and respond to it with several proposals to be
passed on the City Manager for his input.
Mr. Russell advised that he did some research earlier in the
Planning Office to look up the zoning history and sales history of
the properties between this site and Old Farmington Road. There
is a large piece of property of which this is a piece and the
sellers are apparently actively engaged in trying to sell their
property. He was trying to find out how many lot splits have
occurred on this property since 1980. He noted that he
understands that after three properties are split off, anything
further has to be done as a subdivision.
Commissioner Springborn stated that he doesn't see how signing a
Bill of Assurance as Mr. Russell suggested solves any problems.
An ordinance that requires water for fire protection is a now
situation.
In answer to a question from Commissioner Springborn as to how much
water has to be on hand, Mr. Bunn stated that it would depend on
what sort of fire hazards are presented.
Commissioner Springborn stated that they could possibly have a
water tank in the parking lot with sufficient water storage for
their facility. Commissioner Nickle stated that if there isn't
usage out of a storage tank on a normal basis, it could be
potentially hazardous from a health standpoint.
In answer to a question from Commissioner Nickle, Mr. Russell
stated that the well hasn't been located as of yet.
Ms. Bryant advised that the ordinance requires that the full length
of sidewalk be constructed along the frontage of this property with
any development. One possible alternative to constructing it all
now would be to construct it to the southern project boundary and
sign a Bill of Assurance on the remainder. That will be up to the
Planning Commission.
In answer to a question from Commissioner Nickle, Mr. Benedict
stated that they will have twelve employees or less in the
immediate foreseeable future.
In answer to a question from Ms. Bryant, Mr. Russell advised that
they have put a legal notice in the newspaper to serve as
notification to the adjoining property owners, but he hasn't
received proof of notification yet.
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MOTION
Commissioner Nickle moved to approve the large scale development
plan subject to Bio -tech meeting the water requirements for the
Fire Code and to Plat Review comments, seconded by Springborn.
The motion passed 2-0-0.
Don Bunn advised that any temporary solution for the water for fire
protection would include a Bill of Assurance for participation in
the cost of the line and putting in a fire hydrant in the future.
Mr. Benedict stated that they are willing to do that as long as
they don't have to bear the entire burden themselves.
Commissioner Springborn stated that they could give a Bill of
Assurance that they would participate in compliance with the
existing planning ordinance for water service extension. He
advised that their is a plan in the works right now where everyone
will participate on a pro rata basis.
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