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HomeMy WebLinkAbout1990-08-16 - 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, 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 ZCCo • • Subdivision Committee .d E, 1990 Gl,...-o,(. IbtL Page 2 U 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 2_07 • 0 Subdivision Committee .may -2E, 1990 0G . 16 -t -en Page 3 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. 208 • • Subdivision Committee -442.3Eritt, 1990c, Hctim Page Page 4 0 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. zaq