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HomeMy WebLinkAbout1993-08-12 - Minutes• MINUTES OF A SUBDIVISION COMMITTEE MEETING A meeting of the Fayetteville Subdivision Committee was held on Thursday, August 12, 1993 at 10:30 a.m., in Room 111 of the City Administration Building, 113 West. Mountain Street, Fayetteville, Arkansas. MEMBERS PRESENT: OTHERS PRESENT: Jerry Allred, Kenneth Pummill and Bob Reynolds Alett Little, Sid Norbash, Tim Conklin, Judy Williams, Dave Jorgensen, Harry Gray, Sharon Langley, and others LARGE SCALE DEVELOPMENT - STEVE CUMMINGS HOUSING TRACT STEVE CUMMINGS - W OF CROSSOVER, N OF HUNTSVILLE RD. The first item was a request for approval of a large scale development for a tract of eight houses presented by Judy Williams on behalf of Steve Cummings for property located on the west side of Crossover Road, north of Huntsville Road. The property is zoned R-1, Low Density Residential, and contains approximately 25 acres. Mr. Allred noted this development had been tabled from a previous meeting awaiting an opinion from the city attorney. • Ms. Little stated they had received the legal opinion as to whether the city could require the dedication of right-of-way as a part of a large scale development. She advised legal counsel stated they could not do so. She further stated that, subsequent to the opinion, Mr. Cummings had indicated he would be willing to offer to the Planning Commission the donation of the additional 30 feet of right-of-way required for Highway 265 in exchange for consideration in allowing a private drive to serve the 8 homes. Mr. Allred stated if all other city ordinances were met, they could work with that. Ms. Little explained this development was a Large scale development and the lots were not subdivided at this point. She stated each house would be on a tract equal to the minimum lot size, indicating it could be subdivided in the future. She suggested requiring the 50 feet of right-of-way within the development. Mr. Allred stated the property could be split at sometime in the future and then they would have a substandard city street. He further stated that was not in keeping with the ordinance and what they required other developers to do. He advised he could meet the requirements and hire an engineer, or the item could be tabled. Ms. Little noted an engineer had not been employed. Mr. Allred advised Mr. Cummings should not be afforded any consideration they would not give to any other developer. • Mr. Pummill asked if by meeting city standards Ms. Little was talking about curb and gutter. 109 • • • Subdivision Committee August 12, 1993 Page 2 Ms. Little stated she meant there should be sufficient right-of-way on the private drive that a regular street could be put in at some point in the future, if necessary. Mr. Allred pointed out that, if the tract was developed with a substandard street, at some point in the future the city would have to improve the street to city standards. He stated his position was they required all other developers to bring their streets up to city standards. He asked why this developer should get a break Mr. Conklin pointed out a tract was limited to three lot splits so, in this case, the developer would have to subdivide. He advised that, when the property was subdivided, they could require the street be brought up to city standards. Ms. Judy Williams stated Mr. Cummings would have to negotiate on his own behalf; that she was just there to take notes. Mr. Allred expressed concern that, at some point in the future, the homes would sell as separate lots and there would be a public street on a private drive. He stated he was opposed to this development until it met city code and city requirements. He further stated that if they allowed Mr. Cummings to do this, they would be setting a precedent and they might as well throw the ordinance in the trash can. Mr. Reynolds expressed his belief the developer needed to hire an engineer. Mr. Pummill stated that, in order to bring the street to city standards, he would have to have an engineer. MOTION Mr. Pummill moved to forward the large scale development to the Planning Commission with the recommendation it be denied because the private drive did not meet city requirements. He explained Mr. Cummings could request the item be tabled until he met city standards. Mr. Reynolds seconded the motion. Subdivision Committee • August 12, 1993 Page 3 • • FINAL PLAT - TAYLOR ESTATES ESTHER TAYLOR - OFF S COLLEGE, N OF E 29TH CIR The next item was a final plat for Taylor Estates, presented by Dave Jorgensen on behalf of Esther Taylor for property located off of South College Avenue, north of East 29th Circle. The property is zoned R-1, Low Density Residential and contains 11.86 acres with 15 proposed lots. Mr. Conklin reviewed the requirements for a tandem lot: the 25 -foot access easement would have to be paved; there had to be a 30 -foot by 40 -foot hard surface (SB2 or better) turn -around for emergency vehicles; a 20 -foot setback line around the perimeter; and a masonry garbage can holder with screening located at the entrance of the drive. In response to a question from Mr. Pummill, Mr. Jorgensen stated the lots were approximately 4/5's of an acre. MOTION Mr. Pummill moved to forward the plat to the Planning Commission with staff recommendations for approval. Mr. Bill Greenhaw, representing Wright -Pence, Inc. , appeared in opposition to approval of the plat. He presented a memorandum to the Committee. He reminded the Committee his clients had petitioned for approval for a preliminary plat at the previous Planning Commission meeting of a tract in the same neighborhood as this plat. He advised that petition had been denied and the basis for that denial applied to the subject subdivision also. He further noted he had nothing against the subject subdivision, that it was entitled to be approved just as was his client's. He stated he was objecting to the denial of his client's petition and the approval of the subject subdivision based on equal protection and due process of law. He expressed his belief that it would be grossly unfair to grant one request and deny the other on identical circumstances. Mr. Pummill explained the subject plat was a final plat and the plat referred to by Mr. Greenhaw was a preliminary plat. Mr. Allred stated Mr. Greenhaw's objections would be noted but the time for discussion of this matter was at the Planning Commission meeting. Mr. Reynolds seconded the motion. • / 10 • Subdivision Committee August 12, 1993 Page 4 • FINAL PLAT - DAWN ACRES S & S DEVELOPMENT - SW CORNER OF SYCAMORE & GREGG The next item was a final plat for Dawn Acres presented by Rob Petrie, Milholland Company, for property located at the southwest corner of Sycamore and Gregg. The property is zoned R-3, High Density Residential, and contains 21.10 acres with 78 proposed lots. Mr. Conklin advised the applicant would need to apply for a variance on lot 42 or widen the frontage if they intended to develop it with a 10-plex. He explained the code allow only a duplex due to the 60 feet of lot frontage. He reminded the Committee that, in the preliminary plat, lot 42 was shown as a tandem lot but only a single family home could be constructed on a tandem lot. He further advised that it appeared lots 21 and 22 also did not meet the minimum lot width. Mr. Conklin pointed out that, behind lot 12 in Block 1, there was an outlot which they planned to sell to the adjoining property owner. Mr. Allred asked what would happen if the adjoining property owner failed to purchase the property. He pointed out there would be a lot with no access. He stated he would rather see the outlot as a part of lot 12 and then, when the sale took place, they could do a lot split. MOTION Mr. Pummill moved to approve the plat and forward it to the Planning Commission with staff comments. Mr. Reynolds seconded the motion. • Subdivision Committee August 12, 1993 Page 5 • • FINAL PLAT - RIDGEWOOD SUBDIVISION PHILLIPS & ROBLEE - E OF OLD MISSOURI, S OF ZION The next item was a final plat for Ridgewood Subdivision presented by Dave Jorgensen on behalf of Jim Philips and Rick Roblee for property located on the east side of Old Missouri Road, south of Zion Road. The property is zoned R-1, Low Density Residential, and contains 25.61 acres with 16 proposed lots. Mr. Conklin advised the developer had changed the plat to show the 25 -foot right- of-way along the southern border. He requested a notation be made on the plat that the right-of-way would be used for future road purposes. Mr. Jorgensen agreed and read the statement he planned to place on the plat: "Twenty-five foot right-of-way dedicated to the public for future use as a portion of city street.." He advised the owner also wanted a statement that, if the right-of- way was never used, it would revert back to the adjacent property owners. Mr. Conklin stated another discussion at plat review had centered around non- standard street lights. He advised the developer had agreed, and a contract had been drawn up, that the maintenance of the street lights and payment of the electricity would be provided by the property owners' association. He stated the City Attorney was reviewing the agreement at the present time. Ms . Little advised the agreement needed to be signed before the Planning Commission meeting. She asked if they still wanted the non-standard street signs. Mr. Jorgensen stated the owner and Traffic Superintendent were discussing it but no agreement had been reached as yet. Mr. Conklin asked that the setback lines be shown on the plat. Mr. Jorgensen stated they were working on the drainage improvements at the present time. He stated there had been complaints from the property owners down the hill and across the street from the existing drainage problem. Mr. Conklin stated the sidewalk along Old Missouri Road had been waived at the preliminary plat stage. Mr. Jorgensen stated that was true but now the developer was planning on putting in a privacy fence and had talked about putting a sidewalk along side the fence. He also advised he believed the developer planned to put sidewalks on both sides of the street. He also stated the developer would be providing cable service. MOTION Mr. Reynolds moved to approve the plat and forward it to the Planning Commission subject to staff comments. Mr. Allred seconded the motion. 1 2 Subdivision Committee • August 12, 1993 Page 6 • PRELIMINARY PLAT - WHITE OAKS MANOR RICK TORNATORE - E OF HARVEY OWL RD., S OF WYMAN RD. The next item was a preliminary plat for White Oaks Manor presented by Harry Gray on behalf of Rick Tornatore for property located on the east side of Harvey Owl Road, south of Wyman Road. The property is located outside the City Limits, and contains 43.9 acres with 27 proposed lots. Mr. Gray advised notices of the meeting had not gone out in sufficient time so he was requesting this item be heard at the next Subdivision Committee meeting. a 1t3 • • • Subdivision Committee August 12, 1993 Page 7 FINAL PLAT - WALNUT VIEW ESTATES, PHASE II CASTLE DEVELOPMENT CO., INC. - W OF SALEM, N OF BUCKEYE The next item was a final plat for Walnut View Estates, Phase II, presented by Harry Gray for Castle Development Company, Inc. , for property located west of Salem, north of Buckeye. The property is zoned R-1, Low Density Residential, and contains 5.88 acres with 22 lots being proposed. MOTION Mr. Pummill moved to approve the plat and forward it to the Planning Commission with staff comments. Mr. Reynolds seconded the motion. 114 • Subdivision Committee August 12, 1993 Page 8 LARGE SCALE DEVELOPMENT - SPOT -NOT CAR WASH GARY DANDY - SE CORNER OF WEDINGTON AND MARVIN The next item was a large scale development for Spot -Not Car Wash presented by Harry Gray on behalf of Gary Dandy for property located at the southeast corner of Wedington and Marvin. The property is zoned C-2, Thoroughfare Commercial, and contains 1.38 acres. Mr. Conklin requested the sidewalk be set in 4 feet from Marvin Avenue. Ms. Little advised the sidewalk would need to line up with existing sidewalk, if there was any. Mr. Conklin also noted this project was required to have screening on the south side, either view obscuring fence or vegetation that would become view obscuring within 2 years. He explained staff had also recommended there be only one entrance from Wedington due to the location of one access next to Marvin Avenue and to eliminate a curb cut along Wedington. He stated they had just made an entrance rather than an ingress/egress. MOTION • Mr. Pummill moved to approve the large scale development and forward it to the Planning Commission with staff recommendations. • Mr. Reynolds seconded the motion. ll T • • • Subdivision Committee August 12, 1993 Page 9 FINAL PLAT - PINE VALLEY ADDITION, PHASE I BMP DEVELOPMENT - OFF POINT WEST, W OF SHILOH DR. The next item was a final plat for Pine Valley Addition, Phase I, presented by Harry Gray on behalf of BMP Development, for property located off Point West, west of Shiloh Drive. The property is zoned R-2, Medium Density Residential, and contains 6.5 acres with 20 lots proposed. Mr. Conklin stated there had been a great deal of discussion at the plat review meeting regarding the impact fee payment (for a bridge over Hamestring Creek on Salem Road) . He advised it had been determined the city would like the payment of the impact fee to be in a lump sum. Ms. Little requested the paperwork regarding that payment be completed prior to presentation of the plat to the Planning Commission. MOTION Mr. Pummill moved to approve the plat, subject to staff comments, and forward the plat to the Planning Commission. Mr. Reynolds seconded the motion. Ilb Subdivision Committee • August 12, 1993 Page 10 • • PRELIMINARY PLAT - STERLING ESTATES STERLING INVESTMENTS LTD. - W OF HILLSIDE, S OF ZION RD. The next item was a preliminary plat for Sterling Estates (formerly Hillside Terrace Estates) presented by Phil Lumbard, Engineering Services, Inc., on behalf of Sterling Investments, Ltd. , for property located on the west side of Hillside, south of Zion Road. The property is zoned R-1, Low Density Residential, and R-2, Medium Density Residential, and contains 6.81 acres with 14 proposed lots. Mr. Conklin stated there had been considerable discussion regarding the street construction at the plat review meeting. Mr. Lumbard advised that had not been worked out with the Engineering Department as yet. Mr. Conklin explained the other issue was there was an island in the middle of the cul-de-sac which the owner wished to use as park lands rather than pay park fees. He stated the Parks Board would need to review that request. He pointed out the lot adjoining had been deleted and the subdivision now contained 14 lots. Mr. Pummill asked if the island was accepted for a park and if the city would have to maintain it. Mr. Conklin stated that was his understanding. He stated it was the intent of the developer to provide a green space and an area for neighborhood children to play. He advised the Parks Department apparently had some concern regarding safety since traffic would be in a cul-de-sac. Mr. Allred advised it could not be any worse than traffic and safety of other city parks. In response to a question from Mr. Allred, Mr. Lumbard explained there was no provision for lots 11 or 12 to access on Highway 265. Mr. Allred asked if there were any other parks in the area. Ms. Little stated Rudd Park was the closest. Mr. Allred pointed out that, if they did not accept the park, the area would never be provided with a neighborhood park. Mr. Pummill stated he believed this was an ideal situation for a park rather than requiring the transport of children to a park miles away. Ms. Little agreed but stated she believed the maintenance issue did need to be addressed. She suggested a homeowners association to maintain the park. \\1 Subdivision Committee August 12, 1993 Page 11 In response to a question from Mr. Pummill, Mr. Lumbard stated the area was .184 of an acre, which was less than the land dedication required by the Parks Department. He further noted there would be considerably more grass area than the .184 acre due to the right-of-way. Mr. Allred stated it appeared like a win situation for everyone -- they accept the land but then the owner would have to install the park and maintain it. He stated it would create a green space, the city would not be burdened with the maintenance, and the residents would benefit from the impact fee. Mr. Pummill expressed his view that, even though there was not enough land to meet the green space requirements, the trade off would be the maintenance of the land. He stated they could make a recommendation to the Parks Board to accept this area as a park. Mr. Reynolds asked if they planned sidewalks in the park area. Mr. Lumbard stated the sidewalks would be across the street. MOTION Mr. Pummill moved to send a recommendation to the Parks Department and to forward the plat to the Planning Commission with staff and Subdivision Committee comments. Subdivision Committee • August 12, 1993 Page 12 • • PRELIMINARY PLAT - BROPHY SUBDIVISION RALPH BROPHY - W OF BROPHY CIRCLE, N OF TOWNSHIP The next item was a preliminary plat for Brophy Subdivision, presented by Bill Rudasill on behalf of Ralph Brophy for property located west of Brophy Circle north of Township. The property is zoned R-3, Maximum Density Residential, with 1.27 acres and 5 proposed lots. Mr. Conklin asked that the lot widths be shown on the plat on every lot. He explained the developer planned to bring the a final plat back at the next meeting for lots 1 through 5. He stated Brophy Circle was complete and the sewer and water lines were already in. MOTION Mr. Reynolds moved to approve the subdivision and forward to the Planning Commission subject to staff comments. Mr. Pummill seconded the motion. 1IS • • • Subdivision Committee August 12, 1993 Page 13 LARGE SCALE DEVELOPMENT - UNITED WAY HEADQUARTERS UNITED WAY - SE CORNER OF IVEY LANE AND HWY 265 The last item was a large scale development for the United Way Headquarters requested by United Way for property located at the southeast corner of Ivey Lane and Highway 265. The property is zoned R -O, Residential -Office, and contains 2 acres. Mr. Conklin stated staff had requested an addition 10 feet of right-of-way along Highway 265. Ms. Little pointed out that right-of-way was shown. MOTION Mr. Reynolds moved to forward the plat to the Planning Commission with staff comments. Mr. Pummill seconded the motion. The meeting adjourned at 11:15 a.m. k15