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HomeMy WebLinkAbout1996-05-30 - Minutes• • • MINUTES OF A MEETING OF THE SUBDIVISION COMMITTEE A regular meeting of the Subdivision Committee was held on May 30, 1996 at 9:00 a.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. MEMBERS PRESENT: Jerry Allred, Bob Reynolds, and Gary Head STAFF PRESENT: Alett Little, Don Bunn, Rich Lane, Janet Johns, and Beth Sandeen FP96-4 BRIDGEPORT ADDITION, PH II CREEKWOOD HILLS DEVELOPMENT CO - S OF MT COMFORT W OF RUPPLE The first item of discussion was the final plat for Bridgeport Addition, Phase II submitted by WBR Engineering on behalf of Creekwood Hills Development Company for property located south of Mt. Comfort Road and west of Rupple Road. The property is zoned R-1 and contains 17.5 acres. This was not on the published agenda, but was introduced for discussion regarding the detention pond and to address Mr. Beaver's concerns regarding same. Ms. Little stated that construction of the detention pond was a part of phase I and should not have been included in the conditions of approval for phase II. She explained that while it was in her purview to approve the delay in construction of the pond, she felt it would be best to bring it back to at least part of the Commission and she requested that the Committee to approve the delay in construction of the pond. Mr. Bunn (sitting in for Mr. Beavers) stated the pond was actually a fishing pond for aesthetic purposes and would do very little in the way of drainage control. He stated Engineering Department had no problem with the delay in construction. MOTION Mr. Reynolds made a motion to approve the delay in construction of the detention pond. Mr. Allred seconded the motion. • • Subdivision Minutes May 30, 1996 Page 2 LS96-14 DELORES COOK DUB DUNAWAY - 2710 COLETTE The first item on the agenda was the lot split request submitted by Dub Dunaway on behalf of William and Delores Cook for property located at 2710 Colette, south of Old Wire, west of Azalea Terrace. The property is zoned R-1 and contains approximately 0.39 acres. Staff recommended approval of the lot split subject to the following conditions: 1. Add plat page #293 to the title block. 2. Installation of 4' sidewalk along Yvonne. 3. Installation of 4' sidewalk along Colette. 4. Payment of $300 park fees. 5. All comments and conditions of the Plat Review meeting. Ms. Little noted improvements to Colette could be requested but staff didn't recommend that at this time. Mr. Dunaway signed the conditions of approval (copy on file.) MOTION Mr. Reynolds made a motion to approve the lot split subject to the above conditions and comments. Mr. Allred seconded the motion. (Note: Pursuant to the Planning Commission Bylaws, this lot split as approved is not required to proceed to Planning Commission for consideration and approval.) • • • Subdivision Minutes May 30, 1996 Page 3 LS96-15 DAVID FERGUSON NW ENGINEERS - 2892 HUNTSVILLE ROAD The next item on the agenda was the lot split request submitted by Northwest Engineers on behalf of Preston Ferguson for property located at 2892 Huntsville Road, north of Huntsville, e of Stonebridge. The property is zoned C-2 and the request is for a total of two lots. Staff recommended approval of the lot split subject to the following conditions:. I. Plat page #528 should be reflected in the title block. 2. A file marked copy of a deed restriction stating no further lot splits or development is allowed on remainder of lot 19 until improvements to Stonebridge including sidewalk are complete. 3. Installation of a fire hydrant at either entrance of current development. 4. Dedication of additional 10' of right of way for a total of 50' right of way from the centerline of Highway 16. 5. Filing of an easement plat setting out all easements and right of way shown on the plat and including a note stating that perimeter 20' utility easement granted subject to all facilities being located underground within that utility easement. 6. Construction of sidewalk along Highway 16 East. 7. All comments and conditions of the Plat Review meeting Mr. Harris stated the property owner was not in agreement with providing an easement along the north property line. He stated they would provide an easement along Wyman Road. Ms. Little stated that issue could be resolved at the easement plat by providing utility representative signature blocks. She the city would accept whatever the utilities needed. Discussion ensued regarding construction of the sidewalk along Highway 16 East. Ms. Little stated that due to the terrain, construction of the sidewalk might be difficult and she requested that placement of same be worked out with the Chuck Rutherford. Discussion ensued regarding whether or not the sidewalk issue required a waiver. Regarding the criteria for waiving the sidewalk, Ms. Little read from the Code as follows: "Provided further that the Planning Commission may waive the sidewalk requirement prescribed by this subsection, upon application by the subdivider and a determination by the Planning Commission that the topography of the proposed subdivision where it abuts the state highway is such that installation of a sidewalk is not practical." Mr. Harris stated he would request a waiver of the sidewalk requirement and Ms. Little stated the lot split request and the sidewalk waiver request would require approval by the full Planning Commission. Ms. Spencer, an adjoining property owner, was present at the meeting and supported the lot split. Mr. Ferguson stated requiring the sidewalk would be an undue financial hardship for him, because he was trying to • • • Subdivision Minutes May 30, 1996 Page 4 sell the property because he could no longer afford to maintain it. Mr. Reynolds noted that some tree clearing had been done prior to coming to the City and Mr. Ferguson stated that a leased tenant had initiated that without his permission and same tenant was no longer leasing that location. MOTION Mr. Reynolds made a motion to forward the approval decision to the Planning Commission with a specific determination to be given regarding the sidewalk waiver. Mr. Allred seconded the motion. • • • Subdivision Minutes May 30, 1996 Page 5 LS96-16 CARTER & MATTHEWS DENNIS MOORE - 1898 HUNTER'S RIDGE The next item on the agenda was the lot split requested by Dennis Moore on behalf of Mike Carter and Hank Matthews for property located at 1898 Hunter's Ridge, south of Mission, east of Crossover. The property is zoned C-2 and contains approximately 1.04 acres. The request is for a total of two lots. Staff recommended approval subject to the following conditions: 1. Plat page 372 should be reflected in the title block. 2. Installation of 5' sidewalk along the east side of Hunter's Ridge. 3. Submission to the City of a copy of a letter from Southwestern Bell Telephone Company accepting the off site easement to the east in lieu of the 20' perimeter easement. 4. All comments and conditions of the Plat Review meeting. Mr. Moore signed the conditions of approval. MOTION Mr. Reynolds made a motion to approve the lot split request subject to the conditions of approval. Mr. Allred seconded the motion. (Note: Pursuant to the Planning Commission Bylaws, this lot split as approved is not required to proceed to Planning Commission for consideration and approval.) LEO • Subdivision Minutes May 30, 1996 Page 6 FP96-6 PINE VALLEY, PH IV BMP DEVELOPMENT - S OF MT COMFORT, W OF SHILOH The next item on the agenda was the final plat for Pine Valley, Phase IV submitted by Northwest Engineers on behalf of BMP Development for property located south of Mount Comfort and west of Shiloh Drive. The property is zoned R-2 and contains approximately 3.05 acres with 8 proposed duplex lots. Staff recommended approval subject to the following conditions: I. Individual grading permit required for lots 67, 68, and 69 2. Installation or guarantee in lieu of all required improvements which have been inspected and approved by the city. 3. Completion of punchlist item from previous phases. 4. Payment of $480 per duplex for bridge assessments. 5. Payment of $200 per unit for sewer assessment. (Ms. Little noted that Plat Review minutes reflect $200 per lot but the correct amount of the $200 per unit.) • 6. Revised plat showing street light at the southwest corner of lot 73 and installation of same. 7. File marked copy of Protective Covenants. 8. Addition of addresses to mylar plat. 9. All comments and conditions of the Plat Review meeting. Mr. Jones requested a copy of the plat review comments. • Mr. Jones signed a copy of the conditions of approval but stated that Mr. Marquess would need to be in agreement as well and Ms. Little stated that the final plat would remain on the agenda until Mr. Marquess signed the conditions of approval. Mr. Reynolds inquired regarding the sidewalk situation and Ms. Little responded that a bond would be posted for construction of sidewalks which would need to be constructed within nine months. MOTION Mr. Allred made a motion to approve the final plat subject to Mr. Marques' signing of the conditions approval and if he was not in agreement with the conditions the final plat approval request would be included on the June 10 Planning Commission Agenda. Mr. Reynolds seconded the motion. (Note: Pursuant to the Planning Commission Bylaws, this preliminary plat as approved is not required to proceed to Planning Commission for consideration and approval. Please note Mr. Marquess signed the conditions of approval as well and a copy of same is on file.) • Subdivision Minutes May 30, 1996 Page 7 FP96-15.1 YORKTOWNE SQUARE, PH I1 WADE BISHOP - N OF STUBBLEFIELD, W OF OLD MISSOURI The next item on the agenda was the final plat for Yorktowne Square, Phase 11 submitted by Milholland Engineering on behalf of Wade and Peggy Bishop for property located north of Stubblefield Road and west of Old Missouri Road. The property is zoned R-1 and contains approximately 10.74 acres. Staff recommended approval subject to the following conditions: 1. Replanting of three (3"-4" caliper) trees at lot 43 to replace trees remove from that location. 2. Completion of all public improvements and final inspection and acceptance of same. 3. File marked copy of Protective Covenants. 4. Payment of parks fees in the amount of $9,300 for 31 units. 5. Payment of off site assessment for improvements to Stubblefield Road for all phases (Note: $18,100 is payable on previously approved phases.) 6. Addition of addresses to the mylar plat. • 7. Submission of a corrected legal description. 8. All comments and conditions of the Plat Review meeting. Ms. Little noted there was a problem with the legal description which did not close by 3' and she requested that it be corrected prior to the Subdivision Committee acting on the final plat. Ms. Little stated there was a sidewalk and landscape issue which needed to be resolved with Ms. Sandeen. Discussion ensued regarding the sidewalk constructed at the street's curb to protect a several large trees which subsequently died. Ms. Sandeen recommended that 3 trees (3" to 4" caliper) be planted in the location of the trees which died or that 6 trees (2" caliper) be replanted. The Subdivision Committee concurred and Mr. Bishop agreed. MOTION Mr. Reynolds made a motion to forward the final plat to the Planning Commission. Mr. Allred seconded the motion. • v • • • Subdivision Minutes May 30, 1996 Page 8 FP96-9 MAGNOLIA CROSSING ALAN WALKER - N OF HWY 62 W OF DINSMORE TRAIL The next item on the agenda was the final plat for Magnolia Crossing submitted by Northwest Engineers on behalf of Alan Walker for property located north of Highway 62 and west of Dinsmore Trail. The property is zoned R-2 and contains approximately 36.58 acres. Staff recommended approval subject to the following conditions: 1. Final Inspection will not be performed until June 6 and therefore this item must be taken to the Planning Commission to approval. 2. Arkansas Western Gas must notify the City that the private sewer lines to the north have been relocated. 3. Payment of park fees in the amount of $41,460. 4. Payment of off site bridge assessment fees in the amount of $53,000. 5. Revised plat including a note that no fence shall be constructed over a drainage easement or swail. 6. Lots 8-15, 43-71, 80-83, 98, 99, 114, 115, 130, 131, and 146 required individual grading permits and final inspection may require that this note reflect additional lots which require individual grading permits. 7. Add plat page 566 to the title block 8. Add addresses to the mylar. 9. All comments and conditions of the Plat Review meeting. Ms. Little stated no final inspection had been performed but one was scheduled for June 6 prior to the Planning Commission meeting. Mr. Head arrived at 9:40. Discussion ensued regarding the private gas easements. Regarding the plat notation on construction in drainage easements, Ms. Little requested the following language: "No fence shall be constructed over a drainage easement or swail." Discussion ensued regarding the bridge fee and Mr. Gray requested that staff look at the amount and determine which portion was for the bridge and which portion was for street construction. Mr. Bunn stated that if the final inspection was delayed past the June 6 date, the final plat would not be forwarded to the Planning Commission until the next cycle. Mr. Bill Ashmore, a resident on Dinsmore Trail, was present and he presented an alternative drawing of the proposed plat but stated he did support the subject final plat. C • • • Subdivision Minutes May 30, 1996 Page 9 MOTION Mr. Head made a motion to forward the final plat to the Planning Commission subject to the conditions and comments above. Mr. Reynolds seconded the motion. (e) • • • Subdivision Minutes May 30, 1996 Page 10 LSD96-19 - ELKHART PRODUCTS NORTHWEST ENGINEERS - N OF SUNRISE MOUNTAIN, W OF HWY 71 The next item on the agenda was the Targe scale development for Elkhart Products submitted by Northwest Engineers for property located north of Sunrise Mountain Road and west of Highway 61. The property is zoned I-1 and R-1 and contains approximately 24.6 acres. Staff recommended approval of subject to the following conditions: 1. Submission of proof of notification. 2. Construction of standard 5' concrete sidewalk along Highway 71. 3. Resolution of off site easement along the north property line. 4. Submission of easement plat as condition of issuance of building permits. Easement plat should be filed at the county as a condition of issuance of the certificate of occupancy. 5. Completion of required improvements and inspection and acceptance of required improvements. 6. All comments and conditions of the Plat Review meeting. Discussion ensued regarding the asphalt sidewalk and Mr. Jones stated they would replace that with concrete. Discussion ensued regarding the off site easement at the north property and Mr. Jones stated he would work with Mr. Calloway and resolve the issue. Mr. Jones signed the conditions of approval. MOTION Mr. Head made a motion to approve the large scale development. Mr. Reynolds seconded the motion. (Note: Pursuant to the Planning Commission Bylaws, this lot split as approved is not required to proceed to Planning Commission for consideration and approval.) • • • Subdivision Minutes May 30, 1996 Page 11 LSD96-20 - BARBARA'S GARDENS RANDALL WEBB - S OF SUNBRIDGE E OF GREGG The next item on the agenda was the large scale development for Barbara's Gardens submitted by Jorgensen & Associates on behalf of Randall Webb for property located south of Sunbridge Drive and east of Gregg Avenue. The property is zoned R -O and contains approximately 2.79 acres. A conditional use permit has been approved for the location of a plat nursery on this property. Staff recommends approval of subject to the following conditions: 1. Submission of proof of notification. 2. Construction of a 5' sidewalk along frontage of Hiram Davis Place. 3. Submission of easement plat as condition of issuance of building permit. Said plat should be filed at the county prior to issuance of a certificate of occupancy. 4. Completion of required improvements and inspection and acceptance of same. 5. All comments and conditions of the Plat Review meeting. Ms. Little inquired if a waiver was requested in connection with the tree preservation. She stated the required tree preservation was 19.2% and the actual tree preservation was 18.4% and replacement planting had been provided. Ms. Sandeen stated that since there was a canopy replacement provision in the ordinance therefore, this situation would not require a waiver request. MOTION Mr. Head made a motion to approve the large scale development subject to conditions and comments listed above. Mr. Reynolds seconded the motion. (Note: Pursuant to the Planning Commission Bylaws, this lot split as approved is not required to proceed to Planning Commission for consideration and approval.) • • Subdivision Minutes May 30, 1996 Page 12 LSD96-21 - HANK'S FINE FURNITURE B & F ADVERTISING, INC - N OF WEDINGTON AND EAST OF HWY 71 The next item on the agenda was the large scale development submitted by Development Consultants, Inc on behalf of B & F Advertising, Inc for property located north of Wedington and east of Highway 71. The property is zoned C-1 and contains approximately 2.0 acres. This project is within the Design Overlay District. Staff recommends approval subject to the following conditions: 1. Submission of proof of notification. 2. Construction of 5' sidewalk along Highway 16 west and Futrall. 3. Improvement to one-half of Futrall for length of property. 4. Submission of easement plat as condition of building permit. Filing of easement plat as condition of issuance of the certificate of occupancy. 5. Removal of the rare tree. 6. Installation of trees to meet the one tree per 30 linear feet of frontage as provided under the Overlay District regulations. 7. Completion, inspection and acceptance of all required public improvements. 8. Revision of the elevation drawing to include the dimension of signage. 9. Utility services are required to be underground and any mechanical equipment is required to be screened. 10. All comments and conditions of the Plat Review meeting. Discussion ensued regarding the rare tree. Ms. Sandeen stated the tree was multi trunked, weak wood tree with low growing branches which would not be able to be pruned. She stated that as provided under the code, the tree committee was required to have consensus as to whether or not this was actually a rare tree. She requested a letter providing justification for the removal of the tree. Discussion ensued and the representative agreed to provide said letter. Mr. Allred requested that in the future, if rare tree determination were required that the tree and landscape committee provide their recommendation prior to the Subdivision Committee considering any requests. Ms. Little presented the elevation drawing of the subject project and she requested that the sign dimensions be noted on the plat. Ms. Little requested the proof of notification and Mr. Ray agreed to provide same. Discussion ensued. Ms. Little stated the developer had agreed to providing screening along the R-1 zone to the north but staff did not recommend screening along Futrall and the R-1 zone at that location. • Mr. Ray stated they did not want to construct the sidewalk along Highway 16 because it might interfere with the storm water detention box at that location, there was an abundance of traffic lights and intersecting streets. For the • • • Subdivision Minutes May 30, 1996 Page 13 reasons Mr. Ray noted, Ms. Little stated a sidewalk in that area was imperative for pedestrian safety and she suggested that the applicant contact the Arkansas Highway and Transportation Department and in the event that they were constructing the sidewalk in conjunction with the widening of Wedington and letter stating that would meet the requirement. Regarding the a cost share agreement between the City and the applicant, Mr. Bunn stated same would require approval by the City Council and that process should be initiated. Discussion ensued. Mr. Ray requested that the City Council agenda request and public hearing not delay issuance of the grading permit for site work. MOTION Mr. Head made a motion to forward the Targe scale development to the Planning Commission. Mr. Reynolds seconded the motion. • Subdivision Minutes May 30, 1996 Page 14 LSD96-22 - RABEN MEDICAL BUILDING PERRY BUTCHER & ASSOC - 350 MILLSAP ROAD The next item on the agenda was the large scale development submitted by Perry Butcher and Associates for property located at 350 Millsap Road, north of Millsap and west of College Avenue. The property is zoned C-2 and contains approximately 1.40 acres. Staff recommended approval subject to the following conditions: 1. Submission of proof of notification. 2. Establishment of the 100 year flood plain elevation. 3. Construction of 5' sidewalk along Millsap. 4. Provision of joint access agreement with the property to the west. 5. Installation of parking lot landscaping as provided in the Parking Lot Ordinance. 6. Submission of easement plat as condition of issuance of building permits. Same should be filed at the county prior to issuance of a certificate of occupancy. • 7. Completion, inspection, and acceptance of all required public improvements. 8. Approval of a waiver for parking space overage (25 spaces are allowed and the applicant proposed 43.) 9. Minimum of 9 shrubs along Millsap. 10. All comments and conditions of the Plat Review meeting. • Ms. Little stated the applicant was requesting a conditional use in connection with this. Ms. Little requested the proof of notification and Mr. Butcher stated he had provided those receipts. Ms. Little noted that those were not in the file. Discussion ensued regarding establishing the elevation of the 100 year flood plain and Mr. Butcher stated they were working on it and it would be complete prior to the Planning Commission meeting. Ms. Little stated if that effected the location of the buildings it would be necessary to go back through the process. Ms. Sandeen stated she had informed the developer of the shrub requirements and she stated that a minimum of 9 shrubs added to the perimeter. Further, Ms. Sandeen noted that there were utility lines located along the north side of the property and she stated she was in agreement to locate the perimeter tree plantings closer to the building. Discussion ensued regarding joint access with the property to the west (Brewer Personnel) and Mr. Butcher stated the owner did not want to share access. Discussion ensued. Mr. Lane requested a letter from the owner regarding his parking requirements. Subdivision Minutes May 30, 1996 Page 15 MOTION Mr. Reynolds made a motion to forward the large scale development to the Planning Commission subject to the above conditions and comments. Mr. Head seconded the motion. • • • Subdivision Minutes May 30, 1996 Page 16 CCP96-1 - GLENWOOD SHOPPING CENTER DON COZART & KEITH CEARLEY - SE CRN HWYS 45 & 265 The next item on the agenda was the concurrent plat for Glenwood Shopping Center submitted by Northwest Engineers on behalf of Don Cozart and Keith Cearley for property located at the southeast comer of Highway 45 and 265. The property is zoned C-2 and contains approximatley 14.74 acres. Ms. Little stated this was an concurrent plat which is stipulates that the Tots being created are 5 acres or more in size. She stated this is similar to a preliminary plat. Further, she stated a large scale development had before the Commission in 1994 and subsequent to approval of the large scale plan the parking requirements had changed which would make it necessary for resubmittal of the large scale. She concluded that the issue to be determined at this stage was phasing or split off of individual parcels of property. She noted that the plat actually contained more information than was required for plat approval. Mr. Gray stated this was basically a two lot final plat. Further, he stated they will show the easements and property lines of the two lots. MOTION Mr. Head made a motion to forward the concurrent plat to the Planning Commission. Mr. Reynolds seconded the motion. • • Subdivision Minutes May 30, 1996 Page 17 PP96-4 - ZION VALLEY, PUD ZION VALLEY, LLC - S OF ZION, W OF OLD MISSOURI The next item on the agenda was the preliminary plat for Zion Valley, a planned unit development submitted by Northwest Engineers on behalf of Zion Valley L.L.C. for property located south of Zion Road and west of Old Missouri Road. The property is zoned R-2 and contains approximately 27.72 acres. Ms. James Ray, an adjoining property owner, stated she had small grandchildren and horses and the proximity of construction in relation to her property was a concem. Mr. Gray stated he would work with her to provide a privacy fence. Ms. Little noted that prior to the preliminary plat submission the Commission had reviewed a concept plat. She stated that during consideration of the concept plat and rezoning requests, street issues and the Master Plan had been discussed several times. Ms. Little stated this was a planned unit development or PUD and there was a 30% green space requirements. She stated Park Department had accepted money in lieu of land dedication. Ms. Sandeen stated the tree preservation ordinance did not cover planned unit developments but the ordinance did have provisions for grading permits on parcels greater than one acres in size, therefore the project would need to comply. She stated she had met Mr. Harris on site and when the final grading plan was submitted, tree preservation would be required. She stated there would be a statement on the plan which the Commission is being asked to approve which states that the developer would coordinate with the landscape administrator. Mr. Gray stated this was a condominium development and under the Horizontal Property Act, each owner will only own the building footprint, driveway, and patio. He stated all other property is common area maintained by the property owners association. Discussion ensued regarding street issues. Mr. Gray noted that Frazier Street is shown on the MSP running east and west through this property and the developer is requesting that it be eliminated from the MSP. Mr. Reynolds noted that at the time of the hearing on the concept plat, there was concem about access to Zion. Mr. Allred noted that the Commission seemed to favor a connection with Stems. Ms. Little stated staff supported connection with Frazier and the loop street. Mr. Gray noted that the area was being marketed as a retirement center with privacy and security and since the property to the east is zoned R-2, the developer is not in favor of the Frazier connection which might compromise the privacy and security factors. Discussion ensued regarding the Zion Road entrance. Ms. Little stated staff recommended the entrance to be located on Vantage because of the width of Zion. Discussion ensued regarding the MSP collector street. Ms. Little stated the MSP located a collector street running through the middle of this tract and she stated staff was in agreement with moving that street to the western property line which would require the developer to dedicate 30' of right of way (a total of 60' right of way is required for a collector street) and construct a 22' street at that location and provide their entrance at that location. Discussion ensued regarding the City Council's direction to the Planning Commission to not consider connectivity. Ms. Little stated that "no connectivity" was confined to one particular area and that in this case the MSP as adopted by the Planning Commission and City Council was directing the connections. • Mr. Allred expressed concern regarding allowing the location of the MSP collector street to vary from the MSP and Ms. Little stated that concensus was that the MSP was a flexible document and varying the location of the street was 1 • • Subdivision Minutes May 30, 1996 Page 18 allowed. In light of commitment made to residents of neighborhoods in the area, Mr. Reynolds stated he was in favor of allowing the entrance off Zion. Discussion ensued regarding various connection options and stub outs constructed in the area. Discussion ensued regarding safety factors involved with only one entrance. Mr. Allred favored two entrances for safety reasons. Mr. McCord stated that access to Zion was critical to this project. He stated the developer would agree to construct Vantage. Further, he suggested that a waiver be granted to allow a public street to connect to the private street. Mr. Jamie Jones, residing at 1654 Zion, opposed allowing the entrance on Zion. Mr. Charles Wood, a property owner of a tract located to the north of the subject tract, was in attendance at the meeting. Mr. Lane requested 60' right of way on Stems and Mr. Head noted that only the other right of way associated with construction of Sterns was 50' and therefore, only 50' would should be required from this developer. MOTION Mr. Head made a motion to forward the preliminary plat to the Commission with a recommendation that two entries be required and that the Commission grant a waiver to allow a public street to connect to a private street. Mr. Reynolds seconded the motion. I • • Subdivision Minutes May 30, 1996 Page 19 PP95-23.2 - MARVIN GARDEN'S, PH I ROBERT WESTPHAL - S OF MEANDERING WAY, W OF CROSSOVER The next item on the agenda was the preliminary plat for Marvin Garden's, Phase 1 submitted by Jorgensen & Associates on behalf of Robert Westphal for property located south of Meandering Way and west of Crossover. The property is zoned R-1 and contains approximately 10.02. Ms. Little stated this was a revised submission and the Parks Department had agreed to take $7,800 (26 lots) as money in lieu of a land dedication. Ms. Little stated that Mr. Jackson had made a comment in favor of street connection to the south. Ms. Darlister Mitchell, a resident of Boardwalk Subdivision, expressed her concern regarding the grade of Meandering, drainage problems, and the increase in traffic without a connection to Ridgely. She inquired as to the total number of homes proposed for the subject plat and expressed her support for an additional connection to alleviate traffic . Mr. Head inquired as to the disposition of the connection to Arthur's Court. Ms. Little noted there was a stub out from Arthur's Court to the south. Mr. Head noted that the land which would allow a connection to Arthur's Court was not within the subject development. Discussion ensued regarding the prior submissions for this project and the conditions of approval associated with those. Ms. Holly Bannister, a resident of Boardwalk Subdivision, expressed her concem regarding the grad of Meandering Way, drainage problems, and the impact increased traffic would have in her subdivision. She noted that in inclement weather several residents of Boardwalk were unable to negotiate their driveways due to the grade and had to park on the street. Mr. Bunn assured the grades would meet the standards provided in the code. Mr. Allred stated he was in favor of requiring two access points for safety. Discussion ensued regarding Park Place. Ms. Bannister inquired if the developer would be able to begin his development without the connectivity issues being resolved and discussion ensued regarding various connection options. Mr. Allred noted there was a stub out to the east (Marvin Gardens) and two stub outs to the south (Whisper Oaks and Marvin Gardens Place) associated with this phase of development. Discussion ensued regarding providing a connection to Ridgely with this initial first phase and Mr. Jorgensen stated there was a separate owner/developer of the property necessary to make that connection and the owner was not ready to develop at this time. Ms. Linda Olette, a resident of Boardwalk, inquired if the developer could be required to purchase access to Highway 265 and Mr. Allred stated they could not require the developer to purchase additional land for access to Highway 265. Mr. Jorgensen stated that they felt they were providing adequate access via the connections to Ridgely, Meandering Way, and Londonderry. Mr. Jorgensen further noted that in light of the Council's decision, a connection to the west would not be possible. Discussion ensued regarding Phase 11 and possible connections. • Ms. Bannister expressed concern regarding the drainage and Mr. Jorgensen assured her that as provided under the code, post development flows would not exceed predevelopment flows. • • • Subdivision Minutes May 30, 1996 Page 20 Discussion ensued regarding street grades and assurances that street connections would be made. Ms. Little noted that since the City had the right of eminent domain and while it was extraordinary for the City to assert that right, it would be an assurance that a street connection would be made. Further discussion ensued regarding proposal for improvements to Highway 265 and Mr. Head stated that a divided two lane would not be ideal to help circulation and connections in the area. Discussion ensued regarding rights of developers to develop their property and criteria the Commission uses in denying approval of preliminary plat. Further discussion ensued regarding the fact that the Commission had denied approval of the subject plat at an earlier date and what changes had occurred which merited the reconsideration of this preliminary plat. Mr. Jorgensen presented a drawing/suggested layout suggested by past Commissioner Jana Britton and discussion ensued. Mr. Jorgensen stated he would dedicated right of way for a connection to Ridgely. Discussion ensued. Mr. Allred inquired if there was any to condition that Phase II could not be developed until such time that a connection or another entry was constructed and Ms. Little stated that requirement could be made. Mr. Head suggested a connection to Arthur's Court. Mr. Allred suggested that a condition of approval be included in the staff report which limits development of only 27 lots until another access is developed. Mr. Reynolds inquired if staff approved the design of the plat and Ms. Little responded that it was forwarded to the Subdivision Committee for consideration. Mr. Bunn stated he was in receipt of the preliminary drainage and grading plan. Mr. Allred noted that the developer had met the requirements of the code. Ms. Little noted that a waiver would be required for the length of the culdesac. Discussion ensued regarding private property rights. MOTION Mr. Head made a motion to forward the preliminary plat subject to the dedication of right of way for a connection to Ridgely and that no more than 27 lots could be developed until another access was constructed. Mr. Reynolds seconded the motion. Subdivision Minutes May 30, 1996 Page 21 LSD96-23 - COMMUNITY CENTER CITY OF FAYETTEVILLE - 240 E ROCK ST The last item on the agenda was the large scale development for Community Center submitted by Bert Rakes on behalf of the City of Fayetteville for property located at 240 East Rock Street. The property is zoned R-2 and contains approximately 1.09 acres. Staff recommended approval subject to the following condition: 1. Filing of easements as conditions of certificate of occupancy. 2. All comments and conditions of the Plat Review meeting. MOTION Mr. Head made a motion to approve the large scale development subject to the conditions of approval as set forth above. Mr. Reynolds seconded the motion. • •