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HomeMy WebLinkAbout1990-08-30 - Minutes• • • X 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 30, 1990 at 10.30 a.m. in Room 111 of the City Administration Building, 113 West Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: J.E. Springborn, Joe Tarvin and Charles Nickle MEMBERS ABSENT: Jack Cleghorn and J. David Ozment OTHERS PRESENT: Don Bunn, Becky Bryant, Elaine Cattaneo, Alan Reid, Harry Gray, George Faucette, Dave Jorgensen, Warren Cotner and Chester Dean REVISED FINAL PLAT OF GADDY ACRES SUBDIVISION BOB GADDY - S OF MISSION, E OF WHIPPOORWILL LANE The first item was a revised final plat of Gaddy Acres Subdivision submitted by Bob Gaddy and represented by Alan Reid of Professional Surveyors for property located on the south side of Mission Boulevard and east of Whippoorwill Lane. The property is zoned R- 1, Low Density Residential, containing 40.32 acres with 21 proposed lots. Don Bunn, City Engineer, stated that when the final plat was approved previously, the improvements on Joe Fred Starr Road were discussed. He noted that the possibility of a Bill of Assurance or a surety for these improvements being given rather than actually building them at this time had been discussed. However, after discussing it with the Planning Management Director, it was determined that the construction of half of Joe Fred Starr Road to city standards would be required at this time. Therefore, that would be a condition of approval for this revised plat. Becky Bryant, Associate Planner, advised that this has been through the final plat process, but is being revised in order to change the configuration of the lots on west side of the property. She added that the Planning Commissioners present have expressed some concerns regarding the street situation in this subdivision. The developers have basically taken the tandem lot considerations in the ordinance to the furthest extent possible. The Planning Commission could prohibit this revision unless a street was constructed through this property. Commissioner Nickle stated that it is hard to tell how many lots are going to be adjoining the private drive and where the accesses are. 9 /0 • Subdivision Committee August 30, 1990 Page 2 Alan Reid explained that access to lots 16, 18 & 19 will be off of Lover's Lane by the common access easement and lot 17 will be accessed off of Whippoorwill Lane. In response to comments from Becky Bryant, Mr. Reid advised that there is not a private drive going through the subdivision, but a fire lane with a barrier against through traffic. Commissioner Nickle stated that he is concerned that the people who purchase these lots, be made aware that the City isn't going to pave the road. He advised that, after 5 or 10 years go by, citizens who live in this area will be wondering why this doesn't meet City Code and may try to get the City to pave their street. In answer to a question from Commissioner Springborn, Don Bunn advised that these are not private streets. They are private drives. These are tandem lot driveways with many of them serving two lots. He noted that there is a gravel drive all the way from Starr Drive over to Lover's Lane most likely for the purposes of showing the lots. There are also utilities going in for which • some sort of access is needed. He advised that earlier approval of this plat was conditioned on a barrier required to prevent public access all the way through the subdivision. This was required for two purposes: 1) to prevent a situation where the public begins to use this as a city street and by virtue of that public access, it becomes something for the City to maintain; and 2) to improve the value of the lots, since they would be isolated and not subject to public travel. Commissioner Nickle stated that, before these lots could be built on, the plans for the water and sewer would have to be approved. Mr. Bunn advised that the utility companies don't make a habit of constructing lines in situations like this until the construction is started. He added that a building permit could be obtained once the final plat is filed. One of the things the staff looks at after the final plat has been approved, before issuing a building permit, is the status of street construction. This one is different. He added that he has already reviewed plans for water and sewer, but the lines haven't been constructed yet. Commissioner Springborn stated he had understood previously the gravel drive was to be a street. Mr. Bunn explained that there will be a driveway to access lots 5 & 6 from one end and the other lots from the other direction, but there will be a barrier to prevent through traffic. This will provide access for the utilities, but prevent public access. ft • Subdivision Committee August 30, 1990 Page 3 • MOTION Commissioner Springborn moved to recommend approval of the revised final plat subject to the Plat Review comments and staff's recommendations, seconded by Nickle. The motion passed 3-0-0. XPRELIMINARY PLAT OF WOODVIEW HEIGHTS ADD. (FORMERLY OAK HILL SUB.) GEORGE FAUCETTE - S OF SYCAMORE, E OF GREGG AVE The second item was a preliminary plat of Woodview Heights Addition (formerly Oak Hill Subdivision) submitted by George Faucette and represented by Harry Gray of Northwest Engineers for property located on the south side of Sycamore and east of Gregg Avenue. The property is zoned R-1, Low Density Residential, containing 7.96 acres with 24 proposed lots. Harry Gray, representing the owner, advised that Mrs. Taylor and Mr. & Mrs. Sharp (adjoining property owners) are present. George Faucette advised that they have changed the name of the subdivision and the streets, since it was previously submitted. Don Bunn, City Engineer, stated that the length of the cul-de-sac will have to be waived. He added that this is being platted over an old subdivision which raises the question of how the platted alley would have to be vacated. They had discussed whether just replatting the old subdivision would be sufficient but determined that it would have to go before the Board of Directors and officially be vacated. Therefore, any approval of this plat would be subject to the Board approving an alley vacation. In answer to a question from Chairman Tarvin, Mr. Bunn stated that they had given some consideration to whether Spruce Street should be extended. The grade is very steep so extending that street is not a recommendation from the staff. Mr. Bunn stated that the other consideration is the possibility of requiring an easement to allow Vandeventer Street to go on through, requiring further dedication of right-of-way on the south side of this property. The Planning Commission needs to consider this. Commissioner Nickle asked if it would be physically possible for this extension of Vandeventer to tie in on the south side. Mr. Gray stated that it wouldn't be physically possible right now, because there are three existing duplexes that are cut back into the hillside and only 31' of property from the center of Vandeventer to their roofline. • Mr. Faucette stated that there is only a little bit of vacant land left there, and it all has good frontage on Lawson, so there • /2_ III Subdivision Committee August 30, 1990 Page 4 • wouldn't be anyone else needing to use Vandeventer. Mr. Gray stated that they propose to restrict access to the lots on the west side to the interior street. Ms. Bryant advised that there have recently been a lot of long cul- de-sacs approved and the Planning Commission doesn't really have a policy for dealing with those. She advised that they give some thought to the whole issue of cul-de-sacs and their designs. Mr. Gray stated that he had tried to find out where the maximum 500' cul-de-sac street requirement had originally came from because most people like long cul-de-sacs. He noted that Larry Wood of Northwest Arkansas Regional Planning stated that he thought it had stemmed from the old days when the main water lines were put in down the streets and fire hydrants were put at the corners of the intersections. The fire trucks only had 500' of hose. Now, hydrants are set in cul-de-sacs so it alleviates the problem of the hose being able to reach. Commissioner Springborn stated that the only problem he has with long cul-de-sacs is when there is parking on both sides which could prevent access for emergency vehicles. He advised that there are at least two places in the City where this is currently taking place. Mr. Sharp stated that their concern was whether or not Spruce Street would ever be extended to the east. Mr. Bunn advised that it is the staff's recommendation that it not be extended. Chairman Tarvin noted that there isn't much possibility of an extension because of the topographic aspect. Mr. Gray stated that they could vacate the alley running across Mr. Sharp's property at the same time as the other portion, alleviating any doubt of an extension. In answer to a question from Mrs. Taylor, Mr. Gray stated that the utilities will be underground. There is a 20' perimeter utility easement on the property which will have to be cleared enough for the utilities to be placed in them, but they plan to keep as many big trees as possible. The utility companies have requested that the easements be cleared, but they have agreed to work with the developers to save as many of the large trees as possible. Also, he advised that there will never be any driveways accessing Vandeventer from these lots. Mr. Bunn commented that these lots can't access Vandeventer. If they did want to access it, the street would have to be improved. Subdivision Committee August 30, 1990 Page 5 MOTION Commissioner Nickle moved to recommend approval of this preliminary plat subject to the staff's comments and the Plat Review comments which includes the vacating of the alley, seconded by Springborn. The motion passed 3-0-0. In answer to a question from George Faucette, Chairman Tarvin stated that they don't even know if an extension of Vandeventer would be feasible from an engineering standpoint, so they couldn't make it a part of their recommendation one way or the other. PRELIMINARY PLAT OF COTNER SUBDIVISION WARREN COTNER - W OF HWY 112, N OF HWY 71 BYPASS The third item was the preliminary plat of Cotner Subdivision submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Warren Cotner for property located on the west side of Highway 112, north of Highway 71 Bypass. The property is zoned A-1, Agricultural, and C-2, Thoroughfare Commercial, containing 33 acres with six proposed lots. In answer to a question from Chairman Tarvin, Mr. Cotner explained that the existing building on lot 5 of the subdivision represents the existing restaurant. Dave Jorgensen advised that the shaded area is the C-2 zoned property. In answer to a question from Commissioner Nickle, Mr. Cotner stated that, if he were to develop the lots, he would request a rezoning of lot 3 to R -O, Residential -Office, and of the rest either to R -O or C-2. He added that it doesn't lend itself to a residential development. Mr. Jorgensen stated that they contemplated rezoning the property but didn't know what the potential buyers would prefer. The sale of the property will note that it is agricultural. The potential developers would have to request a rezoning if needed. Chairman Tarvin clarified that the idea is to get this platted and sell these lots as agricultural zoning. Then, the buyers would have to approach the Planning Commission for a rezoning if necessary. Mr. Jorgensen stated that the potential owners will have to realize that they can't obtain a building permit until the streets and improvements are installed just like any other subdivision. In answer to a question from Don Bunn, Mr. Cotner stated that he III Subdivision Committee August 30, 1990 Page 6 • • doesn't intend to build the streets. That would be done by the people who buy the property. Mr. Jorgensen stated that the sale of the property is taking place September 14. It will be an absolute sale with a change of ownership. One of the conditions of the sale is that the property will be bought based on this preliminary plat. There will not be time to get a final plat through the process prior to the sale date. The property will be sold by metes and bounds with the sale subject to all the conditions of the preliminary plat. The property couldn't be developed until all the improvements are done. Commissioner Springborn stated that it seems they are in a position to sell pieces of agricultural land without the approval of the preliminary plat by doing lot splits. Mr. Bunn advised that they couldn't do more than three lot splits on the property. He added that his concern is that they would be selling off the properties without doing the improvements first. Commissioner Nickle stated that the City normally has one developer who is responsible for these things. Assuming there are four different owners, who is going to actually be the one that builds the street? Mr. Cotner stated that it will be the call of the buyers. Mr. Jorgensen stated that the City could police this by not issuing any building permits until the improvements are finished. He advised that Mr. Cotner has already published the advertisement for the sale. The conditions of the sale will be based on this preliminary plat and the City's requirements. Becky Bryant stated that it was her understanding that a deed couldn't be transferred unless there was a final subdivision or a lot split approval. Mr. Bunn stated that this is a situation where there is the potential for a lot of problems. He added that he doesn't know that there is any law against a contract to sell, contingent on certain things, without a deed being transferred. He advised that, when a final plat has been approved by the Planning Commission, the developer has the right to do the improvements such as water, sewer and streets. Some developers do pre -sale lots but what those developers do that Mr. Cotner isn't planning to do is put in the improvements. Commissioner Springborn suggested that they approve this plat subject to a Bill of Assurance or a bond from the developers to satisfy all the requirements for the improvements. Mr. Bunn noted that the City generally takes two types of sureties: 1) a Bill of Assurance for off-site improvements which runs with the land and 2) a contract with the City in which the City places a lien on the number of lots that are equal in value to the improvements yet to ;15 Subdivision Committee August 30, 1990 Page 7 be done. Commissioner Nickle stated that they need to hear John Merrell's comments on this. His question is how the City is going to deal with the development and who will they be dealing with. Mr. Cotner stated that the buyers of the property will be made aware of what they have to do as far as improvements. Ms. Bryant stated that it might be helpful if there were some covenants on this property that set forth the responsibilities of the persons buying the properties. Mr. Bunn stated that the worst condition would be if there were seven different property owners that would be bound to put in the improvements. He added that a preliminary plat is void after one year if there isn't any work started. Mr. Bunn advised that a tandem lot will be created for lot 4 accessing onto Cotner Drive. In answer to a question from Commissioner Nickle, Mr. Bunn stated that lot 4 doesn't have access to Cotner Drive by ownership, but it does by permanent access easement. In order to be approved as a tandem lot, that 25' access would have to be a permanent access. Becky Bryant advised that she had discussed this subdivision with John Merrell, Planning Management Director, and wanted to bring to the Planning Commission's attention that this could either be considered a tandem lot by virtue of the driveway or it could be an A-1 lot with insufficient access by virtue of the frontage on Highway 112. She added that this is a very long cul-de-sac and there is always the possibility of requiring this street to connect with Highway 112. Mr. Cotner advised that there are two big dips on Highway 112, so a connection to it wouldn't be very practical. Mr. Jorgensen stated that they would be requesting a waiver on the length of the cul-de-sac. They don't plan to connect the street to the north because of the sight distance problem, and it wouldn't be feasible to connect it in any other direction. Mr. Cotner stated that he likes long cul-de-sacs because the traffic level is a lot lower on these streets, and they are more attractive. He added that the property would be sold subject to the buyer signing a lien with the City of Fayetteville for the improvements. Commissioner Nickle stated that they could possibly get some input from Jerry Rose, City Attorney. ,G III Subdivision Committee August 30, 1990 Page 8 )c • • Chairman Tarvin stated that they could recommend approval in concept subject to the City Attorney presenting the Planning Commission with an acceptable method of assuring that the development improvements are done prior to any structures being built. MOTION Commissioner Springborn moved to recommend approval of this plat subject to the Plat Review comments and the developer granting the City assurance of completion of all the required improvements in a manner satisfactory with the City Attorney, seconded by Nickle. The motion passed 3-0-0. PRELIMINARY PLAT OF EDGE HILL SUBDIVISION MARK FOSTER & BUDDY PEOPLES - S OF RAVENSWOOD, W OF COUNTRY CLUB DR The fourth item was a preliminary plat of Edge Hill Subdivision submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Mark Foster & Buddy Peoples for property located on the south side of Ravenswood and west of Country Club Drive. The property is zoned R-1, Low Density Residential, containing 15.31 acres with 26 proposed lots. Dave Jorgensen stated that Jim Johnson in the Water Meter Division stated that there was no problem with the name of the subdivision, but the name of the street had to be changed. Therefore, they renamed the street " Club Oak Drive" which is in accordance with the plat that has been on file for several years. The other street that runs east/west is still called "West 29th Court". Ms. Bryant advised that West 29th Court is not a private street as was indicated by the Water Meter Division previously. Mr. Jorgensen stated that they have shown the location of the existing street to the north, Ravenswood. It will be going through two lots owned by Joe Fred Starr and will be extended from where Ravenswood ends on into this subdivision. The same right- of-ways that were shown on the previous plat will be maintained, except it will turn into this subdivision. He further stated that they tried to accommodate all of the utility companies requests about increasing the utility easements. He added that the developers would like to close the street, which led to the property to the west. On the final plat of Country Club Estates, the street is shown extending to the west boundary off of Club Oak Drive as shown on the plat (a 30' access and utility easement leading back to lots 25 & 26). The terrain is very steep to the west, so the developers didn't want to extend the street. They felt there would be adequate access to the property to the west with the best access being up to the north where they show the 50' a/7 • Subdivision Committee August 30, 1990 Page 9 right-of-way easement. He advised that, at this point, they are still requesting the 30' access and utility easement leading back to lots 25 & 26. Also, they would like to develop these streets as 27' wide rather than the 31' requirement, and they are wanting to place medians in the middle of the street with a subdivision sign at the entrances to the subdivision. Ms. Bryant stated that the staff has discussed the issue of allowing medians in the middle of the street with a sign stating the name of the subdivision. She advised that a sign is not allowed to be within the street right-of-way. The developers would have to retain ownership of that piece of property and it would have to be maintained, as part of the covenants by a property owner's association. There would be a sign permit required and it would have to be constructed in such a way as to not impede traffic sight distance. Mr. Bunn stated that he is concerned that all the rest of that hill will be developed with 27' streets. He noted that there is a good argument for it in this subdivision, but it should not set a precedent for the rest of the property in that area. • Ms. Bryant stated that the staff feels that the street to the west needs to be maintained as access to the west. Although, it is possible it could be done on farther south with the cul-de-sac being extended. • Mr. Bunn stated the staff recommendation would be to keep that right-of-way open. If there are going to be a couple of lots back there, they could build a street with a cul-de-sac and maintain the right-of-way on to the south. MOTION Commissioner Nickle moved to approve this plat with the exception of the vacation of the street right-of-way subject to Plat Review comments and staff's comments, seconded by Springborn. The motion passed 2-0-0 with Tarvin leaving before the vote. Commissioner Nickle explained that they are not recommending that the right-of-way be closed. They are recommending that it stay open. They can present their case to the full Planning Commission. REPLAT OF FINAL PLAT OF PARK PLACE ADDITION - PHASE IV JIM LINDSEY - OFF CAMBRIDGE, S OF MISSION BLVD The fifth item was a replat of the final plat of Park Place - Phase IV submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Jim Lindsey for property located off of Cambridge, south of Mission Boulevard. The property is zoned R-1, Low Density • • • Subdivision Committee August 30, 1990 Page 10 Residential, containing 8.52 acres with 18 proposed lots. Mr. Jorgensen stated that none of the improvements are in on this phase of the subdivision yet. They will be signing a contract to guarantee installation of the improvements. He added that there have been no changes to this plat since the preliminary process. MOTION Commissioner Nickle moved to recommend approval of this plat subject to the staff's comments and the Plat Review comments, seconded by Springborn. The motion passed 2-0-0. FINAL PLAT OF PARK PLACE ADDITION - PHASE V JIM LINDSEY - OFF CAMBRIDGE, S OF MISSION BOULEVARD The sixth item was a final plat of Park Place Addition - Phase V submitted by Dave Jorgensen of Jorgensen & Associates on behalf of Jim Lindsey for property located off of Cambridge Road, south of Mission Boulevard. The property is zoned R-1, Low Density Residential, containing 11.05 acres with 25 proposed lots. Mr. Jorgensen stated that there was discussion about back-to-back cul-de-sacs on Phase V adjoining with the property to the east (Phase VIII). The minutes of the previous meeting indicate that the intent was to provide an emergency connection between phases V & VIII which is the reason they have noted a 16' wide emergency access drive, which is to be installed by the developer. They have also provided a 50' right-of-way so that it will be possible to connect those two phases with a city street if the need ever arises. Ms. Bryant stated that it was her understanding that the Planning Commission wanted an open emergency access put in now. Mr. Jorgensen stated that it is their intent to go ahead and pave the emergency access at this time. MOTION Commissioner Nickle moved to recommend approval of this plat subject to the staff's comments and the Plat Review comments, seconded by Springborn. The motion passed 2-0-0. LARGE SCALE DEVELOPMENT PLAN FOR OFFICE -WAREHOUSE ARKANSAS BOOK SERVICES - E OF SHILOH, S OF MT. COMFORT RD The seventh item was a large scale development plan for Office - Warehouse submitted by Arkansas Book Services Corporation and represented by Chester Dean of Architectural Construction. The property is zoned I-1, Light Industrial & Heavy Commercial, GI Pi • • • x Subdivision Committee August 30, 1990 Page 11 containing 2.18 acres. Mr. Dean stated that they had made the changes that were requesting including indicating the zoning on the plat and updating the vicinity map. Ms. Bryant verified that the distance had been changed between the driveways. MOTION Commissioner Nickle moved to recommend approval of this large scale development plan subject to staff comments and Plat Review comments, seconded by Springborn. The motion passed 2-0-0. FINAL PLAT OF THOMAS ADDITION (FORMERLY J.P.KENNEDY ESTS & KEATING ESTS WEST) RICHARD KEATING - N OF TOWNSHIP, E OF OLD WIRE ROAD The eighth item was a final plat of Thomas Addition(formerly Jason P. Kennedy Estates & Keating Estates West) submitted by Richard Keating for property located on the north side of Township Road and east of Old Wire Road. The property is zoned R-1, Low Density Residential, containing 2.3 acres with 9 proposed lots. Don Bunn, City Engineer, stated that the staff has objection to Note #2 on the plat. That should be removed from the plat. He added that lots 2, 3, 6 & 7 are all entirely or partially in the flood plain so the houses will have to be constructed two feet above the flood plain level. This should be noted under general information on the plat. Commissioner Nickle verified that lots 4 & 5 are to be dedicated for the park. MOTION Commissioner Nickle moved to recommend approval of this plat subject to the staff's comments with regard to Note #2 and that there be an additional note placed on the plat regarding construction of the houses two feet above the flood plain level, seconded by Springborn. The motion passed 2-0-0.