HomeMy WebLinkAbout1996-08-15 - MinutesMINUTES OF A MEETING OF THE
SUBDIVISION COMMITTEE
A regular meeting of the Subdivision Committee was held on August 15, 1996 at 9:00 a.m.
in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville,
Arkansas.
MEMBERS PRESENT: Bob Reynolds and John Forney
STAFF PRESENT: Alett Little, Rich Lane, Dawn Thomas, Jim
Beavers, and Heather Woodruff
LS96-38.00: WAIVER OF SUBDIVISION REGULATIONS FOR HABITAT FOR
HUMANITY
DESSIE AND VERNA SHAKELFORD-1542 E. 5TH STREET
The first item submitted was a lot split submitted by Habitat for Humanity for property owned by
Dessie and Verna Shakelford submitted for property located at 1542 E. 5th Street, (north of 5th
Street and west of Happy Hollow Rd). The property is zoned R-1, Low Density Residential. The
request is for one split creating a total of two lots. This application is in conjunction with
applications for conditional use for a tandem lot and a variance from the required lot width.
Ms. Little introduced Patsy Brewer, Habitat for Humanity, and stated they currently owned lot 2
and were in the process of buying the tracts behind lots 2 and 3. She added they had to provide
access and water service to both of the lots. Ms Little stated they would be applying for tandem
lot approval.
Mr. Beavers stated the easements had been worked out, but added that Habitat was trying to get
grants before installing water and sewer lines.
Ms. Little stated water and fire protection was a requirement that would have to be worked out
before they began building on the lot. She added Mr. Rutherford had been out to the site and he
had reported that there were sidewalks in place on the south side of 5th street -and a sidewalk
would not be required on the north side of the street because of the steep grade and the low
density of people in the area.
In response to a question from Mr. Reynolds, Mr. Beavers responded it would cost $35,000 to
provide fire protection. He added Habitat would apply for a grant, and if they did not receive the
grant , Community Development would apply for a grant. Mr Beavers recommended the City
participate, in some degree, in getting fire protection for the neighborhood.
Ms. Brewer stated there was some HUD money being funneled through Habitat International and
they were going to apply for the grant.
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MOTION
Mr. Forney moved they forward the project to the Planning Commission.
Mr. Reynolds seconded the motion.
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PP95-23.30: PRELIMINARY PLAT FOR MARVIN GARDENS, PHASE I
ROBERT WESTPHAL-SOUTH MEANDERING WAY AND WEST OF CROSSOVER
The next item on the agenda was a by Jorgensen & Associates on behalf of Robert Westphal of a
preliminary plat for Marvin Gardens, Phase I. The property is located south of Meandering Way
and west of Crossover. The property is zoned R-1, Low Density Residential, and contains
approximately 18.9 acres. .
Ms. Little stated the committee had seen this project before, but it had been redesigned since the
last Planning Commission hearing. She noted there was a concept plat and a plat for Phase I.
She added she would like the phases to be more clearly identified.
Mr. Carter stated there were three phases: the central phase being Phase I He added the other
phases would be separate owners and he did not know which phase would be next.
Ms. Little stated the requirements for approval had not been met, because the adjoining property
owners had not been notified correctly. She advised the plat would have to come back to the
next meeting on August 29.
Mr. Beavers stated that detailed drainage plans would be required..
Ms. Marian Basset, an area resident, stated the proposed project had a long history and had
previously been known as Foster Brophy. She said she had lived in the area for years and there
was a history of drainage problems. She added the residents had problems with sewer, run off
and soil erosion. She stated they had complained to the city, adjoining owners, and the
developer, but had no results. She added the neighbors had banded together and worked on the
drainage problems at their own expense. She stated the neighborhood could not handle any more
runoff.
Mr. Beavers stated detailed drainage plans would be required.
Trish Marshall, an area resident, expressed her concerns about her children around retention
ponds.
Mr. Beavers stated the City required the project engineer to develop a security system because of
the high liability. He added retentions ponds were not to hold water the year round, but their
function was to slow down the rate of run off and release the water later. Mr. Beavers
commented that all existing drainage problems would be taken into consideration and be noted.
Mr. Carter stated the design for a retention pond required that it be shallow and surrounded by
chain link or iron fence.
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Mr. Beavers suggested looking at the retentions pond at Wal -mart on Hwy 62. He added that
Fayetteville did not have any retention ponds in residential area, although they were required in
all new subdivisions.
Mr. Forney asked when they could request a formal drainage study.
Ms. Mitchell, an area resident, stated her concerns were also regarding drainage. She commented
her neighborhood had a retention pond, that had turned into a lake. She said the addition of
Marvin Gardens would increase the overflow on the pond. She added their pond was not
enclosed with a fence and there was a safety concern.
Mr. Carter stated the retention pond would not allow any more runoff to occur than existing. He
added the pond would work as a shock absorber and would absorb the increase in peak flow. He
explained the same volume of water would be released, just over a longer period of time, so the
flow would not be increased.
Ms. Mitchell questioned if the pond would be emptied or if it would retain water year round and
added they had a infestation of snakes in existing ponds.
Mr. Carter commented the retention pond would be dry in a matter of hours.
Ms. Karen Spencer, an area resident, questioned the construction of the retention pond.
Mr Carter explained the pond had a drainage pipe at the bottom at the lowest elevation that
would not allow the pond to permanently detain water. He added it would drain out only at the
rate the water was allowed to runoff before development.
Ms. Spencer questioned the material used to line the pond.
Mr. Carter responded they usually used a fairly flat bottom surface, such as grass or rock.
Mr. Beavers added the bottoms were required to be sodded but, if it was a large pond they would
allow the developers to use fabric and grass seed. He stated he had misspoke earlier, and read
that either the staff or the planning commission could request, a more detailed drainage study,
prior to plat approval
Ms. Basset commented the retention ponds were at the low part of property and questioned what
would happen to the water before it got to the retention ponds.
Mr. Carter stated he planned to design a drainage system that would pick the water up on the
street and move it into the proper pipe that would carry it to the pond.
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Ms. Basset argued they had previously been told the same thing and stated it had not worked.
Mr. Reynolds question if there was a law on the size of a retention pond.
Ms. Little stated the ponds had to be designed for each specific area.
Mr. Beavers added there was no size restrictions. He commented that Tulsa was a good example
of the use of retention ponds.
Mr. Reynolds questioned what would happen if a 3"-4" storm came and filled up the pond.
Mr. Beavers stated the designs would be for 100 year floods.
Ms. Little added that in regard to Tulsa they had drainage problems because they had not
controlled their drainage in the past. She noted they had to design much larger ponds because
they were collecting from much larger areas. She doubted Fayetteville would get to that point
because of the new drainage ordinance, adding the City would have a number of smaller
detention ponds which should control the problems.
Ms. Basset commented that Tulsa did not have the same terrain as Fayetteville, which added.
another element to the problem. She added the area also had a lot of underground springs.
Ms Little advised she would put the engineer on notice that additional drainage studies would be
required. The studies would have to be adequate enough to ensure the areas drainage problems
could be controlled. She added the drainage studies were to include the Ridgely Drive, Manor
Drive, and Boardwalk areas. She stated all existing drainage conditions would be taken into
account.
Susie Stanton, an area resident, questioned how the traffic flow would be handled. She stated the
existing traffic was a problem, at times backing up for five to ten minutes.
Mr. Fomey stated he would like to see how storm water would be handled through pipes and the
depth of the retention ponds. He added the street names needed to be clarified.
Mr. Mike Schmit, an area resident, questioned the meaning of compatibility
Ms. Little explained, once property was zoned, the property owner had the right to develop to the
density allowed by that zoning.
Ms. Basset commented the lots were smaller than the lots on Ridgely.
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Mr. Schmit stated that Ridgely had three and four acre lots and he did not think that was
compatible with the proposed subdivision.
Ms. Bassett stated she did not expect the lots to be three and four acre, but thought the lots could
be large enough to look more compatible.
Ms. Joanna Cook, an area resident, asked the average size of the planned lots.
Mr. Carter stated the average size of the lots would be .2 and .3 acres, average frontage would be
80' to 90' and the average square footage would be about 8,700 square foot. He added all the
lots were different sizes, but that was an average.
Ms. Little stated with a minimum of 70' width and of 120' lot depth was provided there would be
8400 square feet. She added there were some lots much deeper than that, but the estimate was
using the smaller lots.
Mr. Forney commented that the size was roughly equivalent to the Boardwalk lots to the north.
Ms. Little stated she doubted that all the drainage work would be done in two week, but the
neighbors would get a letter when the next subdivision committee would meet on this item.
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LSD96-29.00: LARGE SCALE DEVELOPMENT FOR ARKANSAS BOOK SERVICE
STERLING ANDERS- W. of SHILOH Dr, S OF MT. COMFORT RD.
The next item on the agenda was a large scale development for Arkansas Book Service
expansion, submitted by Engineering Services, Inc. on behalf of Sterling Anders for property
located west of Shiloh Dr. and south of Mt Comfort Rd. The property is zoned I-1, Heavy
Commercial -Light Industrial, and contains approximately 6.14 acres.
Ms. Little stated the addition was a large scale development and she added that the addition was
across the street, on the west side of Shiloh Drive, from the existing Arkansas Book Services.
She said a large scale development had been approved several years before addition. She stated
the total of all building would be greater than that approved under the original large scale She
commented as a side issue, that under the proposed UDO, the City would propose that for any
approved large scale over one year old, a new large scale would be required; adding that it caused
problems when the plans have been approved for several years and not built She stated
Arkansas Book Service intended to extend concrete paving, but not all the way to the rear of the
building. She added the business was strictly a wholesale warehouse operation and they were
requesting six less parking spaces than required. She added there was a lot of concrete paving for
truck docks and she felt that the parking they were requesting would be adequate.
Mr. Moore, Engineering Services, stated they would place a hydrant on the southeast corner near
the front.
Mr. Forney questioned the screening.
Ms. Little stated there would be screening at the back of the existing building and that screening
was required on the northwest part and west part of the building.
Mr. Mendoza, an area resident, stated his real estate agent had told him the property was in the
flood plain and there would be no development. He was concerned about this affecting his
property. He stated that, during the previous construction of the Book Service, there had been
problems with trespassing and debris in his yard.
Ms. Little questioned if the trespassing and the debris had been from the construction workers.
Mr. Mendoza stated most of the debris and trespassing had been from workers. He added there
were problems with the noise created by the fans and the outside lights around the warehouse.
There were also problems with the lack of lawn maintenance. He expressed concern over being
disturbed by the heavy construction, adding that, during the previous construction, they had been
disturb with early morning hours during week days and week ends. He requested the owners to
build a privacy fence. He did not believe a 4' chain link fence would help with the problems of
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noise, lighting, or visibility. He added that Mr. Anders had tried to fix the lighting, but his
solution was not adequate.
Ms. Little asked if they had checked the flood plain.
Mr. Carter stated it was in zone A; that base floor elevations would be determined and that the
building would be elevated.
Ms. Little requested that he work with Tim Conklin in the Planning Office, stating that he would
want a flood plain determination, to make sure the finished floor elevation is two foot above the
flood plain.
Mr. Beavers stated the drainage ordinance would require the water surface elevation calculations.
He added the preliminarily drainage plan was fine, but more would have to be submitted before
his grading permit was issued.
Ms. Little stated the City could not do anything for the trespassing problem, but they would
caution the developers about the debris. She stated they could do something about the noise and
the outside lights. She added there was nothing they could do about the grass or the vegetation,
but she thought when the building was constructed it would cause the area to be better
maintained. She stated there was a buffer strip requirement and she would recommend a 6' chain
link fence with vegetation. She added that, since there had been a problem with maintenance, the
chain link was easier to maintain and had a longer life. She questioned the location and the
number of fans presently being used and how many would be added.
Mr. Moore stated there were fans along the north wall approximately every 30', adding they were
for ventilation. There were no fans on the south side, because the prevailing winds were from
south to north.
Ms. Little questioned if the strength of the winds were strong enough to help the flow. She
thought it would be better to locate the fans on the south side of the building away from the
residential area.
Mr. Carter stated the truck bays were on that side and the fans were needed on the other side to
help the ventilation.
Mr. Moore stated Mr. Anders had talked with Mr. Mendoza about this and Mr. Anders had
agreed to shut off the fans by the homes. It was also his understanding they had talked about the
fence and a 4' chain link fence.
• Mr. Mendoza stated they had spoken about a fence, but the lighting and the noise had not been
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discussed.
Ms. Little stated the situation was different now, because the building was directly behind a
residential area and there were specific requirements for buffering and screening. The Planning
Commission would be making the decision on what kind of fence and how much buffering or
screening would be required. It was not up to the owners what would be installed.
Mr. Forney read " a solid fence or masonry wall not less than 6' in height along the inner
boundary of the buffer strip for the full length of the boundary". He stated that regulations
required a solid fence not a chain link.
Ms Little responded the screening requirements could be met by using a fence, vegetation and a
fence, or vegetation. She would recommend the fence and the vegetation
Mr. Mendoza questioned how long would it take for the vegetation to grow.
Ms. Sandeen stated she did not think the junipers would be adequate. She recommended that
they beef up the screen. She added the Canarti Junipers as specified, which also currently exist
on the site, grow to approximately 15 feet. She stated this species was hard to find and did not
think they could find enough to complete the project. She suggested looking at other materials,
such as silver maples, commenting they were faster growers and were less expensive. She added
that the silver maples would have to be replanted or enhanced very ten or fifteen years.
Mr. Forney stated he wanted to make sure the area was well screened.
Mr. Reynolds also expressed concern that the residential area be taken care of.
Mr. Beavers questioned if the fans violated the noise ordinance.
Ms. Little suggested that Mr. Mendoza call the police next time when there was a problem with
noise.
Mr. Kevin Hickey, an area resident, stated he lived behind the proposed new development. He
also stated he had been given false information about the development of the property from his
realtor. He requested thick screening. He questioned the use of silver maples, stating that they
only provided screening during the spring and summer. He suggested using a mixture of both
deciduous and evergreen trees. He questioned the height of the building and outdoor lighting.
Mr. Moore explained the building would be about 26' tall. He stated the lighting had not been
worked out, but thought there would be four on the first addition, one by each of the fire exits.
• He stated the lights were 175 watts vapor lights, wall pocket lights with metal shields so the light
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washed the wall.
Mr. Hickey questioned if the lights could be redesigned or relocated.
Ms. Little suggested doing ground lighting.
Mr. Hickey asked if the fans could be turned off at night.
Mr. Mendoza stated the fans were very noisy.
Mr. Reynolds commented they needed to go out to the site to look at the lighting and the noise
situation.
Mr. Forney questioned if there had been a setback change.
Ms. Little answered there had been a change because it was against a residential district.
Mr. Forney asked if the location of the buffer screen was mandated by the regulations. He
expressed concern over the maintenance of the strip.
Mr. Hickey stated he would like the buffer as close to the property line as possible, adding it
would be closer to the homes and shorter trees could provide adequate coverage.
Mr. Mendoza again recommended a privacy fence.
Ms Little stated the decision on the type of screening would be left up to the Planning
Commission.
Mr. Reynolds asked if the City could require a Bill of Assurance for the maintenance for the back
of the building and the buffer screen.
Ms. Little responded that as a conditional large scale development they could require the Bill of
Assurance.
Mr. Hickey asked what types of materials would be used for the plantings.
Ms. Little stated the developers did not know, but they would have the answers before they got to
Planning Commission.
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PP96-7.00: PRELIMINARY PLAT FOR DEERFIELD PLACE
JORGENSEN & ASSOC. HUNTSVILLE RD AND WEST OF MALLY WAGNON RD.
The last item on the agenda was a preliminary plat for Deerfield Place submitted by Jorgensen &
Assoc. for property located north of Huntsville Rd. and west of Mally Wagnon Rd.. The
property is zoned R -O, Residential -Office, and R-1, Low Density Residential, and contains
approximately 11.72 acres. There was a conditional use request for specific lots to be allowed as
duplex lots within the subdivision.
Ms. Little asked why the street names were still the same as the last meeting.
Mr. Carter explained they had talked with Jim Johnson, and he approved them as they were.
Ms. Little stated that when streets are in an L-shaped pattern like this they try to use one name,
but since it had been approved, they needed to look at adjacent property especially with two
street names. She felt that Country Ridge should be stubbed out to the west for access to the
large undeveloped land next to it.
Mr. Beavers commented that Mickey Jackson and Perry Franklin were very strong in their
recommendations that the street have duly one name.
Ms. Little commented that a stub out to the west would be better than a stub out to the north,
because of it would be a short distance to connect with another street. She expressed concern
that a stub out to the north would go into a draw. She stated that lots 2,8,17, and 29 are duplex
lots and would need conditional use approval. She commented the lots looked well placed
against the R -O on the front.
Mr. Beavers stated water and sewer extension lines would be required, and subject to the final
design, he did not think the additional pond would be required.
Mr. Forney questioned the size of the duplex lots.
Ms. Little explained the minimum lot size for duplex lots in R-1 was 90 foot frontage and 12,000
square feet. She added that, on a corner lot both frontages counted for the total. She noted the
required frontages were measured at the setback line. She advised a decision needed to be made
as to whether or not the developer would be required to improve Mally Wagnon Road to the city
limit line on the north. She noted the developer would be required to improve one-half of Mally
Wagnon where it abutted the subject property. She stated a detailed study had not been made,
but it would be in the City's best interest to require it, otherwise there would be one little strip
that would be in county maintenance.
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Mr. Reynolds added a sidewalk should be included.
Mr. Forney questioned if they had ever required a developer to do improvements across frontage
that was not theirs.
Mr. Lane the owner of the property immediately adjacent to the west, stated his property was
used as a farm and they had no plans for development. He expressed his concern that the survey
was incorrect. He explained that according to the Arkansas old fence law, "Old fence lines are no
longer the line, but the actual lines are those designated by section, quarter section coordinates".
He added the old fence was sitting 5 1/4 feet off and 6 5/8 feet off the property line. All the
survey markers were marked in the old fence line. His understanding was there was a small strip
of property that extended from his line to Molly Wagnon.
Ms. Little stated to Mr. Carter they would have to get the survey corrected. She added there
would be another meeting in two weeks.
Mr. Lane corrected they did not own property on Mally Wagnon Rd.
Mr. Carter assured Mr. Lane, they would look at the survey again.
Mr. Lane stated they had the property surveyed twice and the difference between the two had not
been more than two feet. Mr. Lane stated they had no plans for subdivision, but he would like to
leave the option open to develop his property.
The meeting adjourned at 11:45.
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