HomeMy WebLinkAbout1998-03-12 - MinutesMINUTES OF THE
SUBDIVISION COMMITTEE
A regular meeting of the Fayetteville Subdivision Committee was held on March 12, at 8:30 a.m.
in Room 111 of the City Administration Building located at 113 W. Mountain Street,
Fayetteville, Arkansas.
ITEMS REVIEWED: ACTION TAKEN
LS98-9.00: Lot Split (Sam Rogers) Forward to Planning Commission
LS 98-10.00 & LS 98-11.00: Lot Splits (Wanda Sims) Approved/No further action
LSD 98-6.00: Large Scale Development
(Richard Mayes Auto) Approved/No further action
AD 98-6.00: Parking Waiver (Joe Fennel) Forwarded to Planning Commission
MEMBERS PRESENT: Bob Reynolds, Phyllis Johnson, and John Forney.
STAFF PRESENT: Chuck Rutherford, Tim Conklin, Dawn Warrick, Jim Beavers,
Beth Sandeen, and Debra Humphrey
PROJECT: LS 98-9.00: LOT SPLIT (SAM ROGERS)
Submitted by Kurt Jones of Northwest Engineers on behalf of the applicant for property located
at the northwest corner of Wedington Drive and Salem Road. The property is zoned R-2,
Medium -Density Residential and R -O, Residential Office and contains approximately 9.97 acres.
The request is to create two lots (8.36 acres, 1.61 acres) This is the first lot split request.
Staff Report presented by Ms. Warrick:
Findings: This tract was recently rezoned from A-1 to R -O and R-2. A large scale
development is proposed for the corner tract and has been submitted for review.
Recommendation: Consideration of this project based on staff findings. If the Subdivision
Committee chooses to approve this project, staff recommends the
following conditions of approval:
Conditions of Approval
1. Plat Review and Subdivision comments (to include written staff comments mailed to the
applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, TCA Cable)
Minutes of Subdivision Committee
March 12, 1998
Page 2
2. All improvements shall comply with City's current requirements.
3. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval.
4. Sidewalk construction in accordance with current standards to include 6' sidewalks with a
min. 10' green space along both Salem and Wedington at the time of development.
5. Any overhead utilities shall be placed underground (west property line) as a condition of
this lot split.
6. Detention for this entire parent tract must be provided in one basin An appropriate
location shall be designated on this lot split plat.
7. Additional conditions:
a.
Discussion:
Crr ening is required between residential and rnmmerrial uses - the first to
develop is required to meet this requirement
Cnmmerrial design standards rnmplianre is required fnr all rnmmerrial structures.
this includes signage as well as design theme issues (all R -O development).
Mr. Beavers noted some concern regarding the sewer which he would address later in the
meeting.
Kurt Jones representing the applicant, came before the Committee regarding the request for the
utilities to be put underground on the west side of the property. He stated the owner had no
present plans for the remaining acreage and felt the request is excessive due to the expense
involved which is estimated around $20,000 to $30,000.
Concerns addressed by the committee were: The owner had no present plan for the
property and no proposal of how the property will be developed in the future; requiring
the utilities to be put underground now or at a later date; who will bear the expense of
putting utilities underground; and also concerns for the adjacent property owners to the
west and to the north
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Minutes of Subdivision Committee
March 12, 1998
Page 3
Access to the lot would need to be determined whether or not it would be conducted as one phase
or three phases. Mr. Jones stated that there would be a bore across the road if they came from the
side of the property. He also stated he had talked to Ozark Electric and was told it could be
converted to three phases and be served from the north.
Ms. Warrick suggested a waiver of the utility requirement could be made before the
Planning Commission Meeting.
Mr. Conklin stated that the Planning Commission may grant a waiver on a permanent or
temporary basis to allow the construction of other facilities.
Mr. Forney stated he would not object to a temporary waiver being granted, but the
Committee would require the utilities be put underground at some time in the future.
Ms. Warrick responded to a question concerning a time limit in which the property had to
be built. She and stated escrow funds would go into an account which would draw
interest. After five years it could then be reviewed, and the developer would be
responsible to request that the Planning Commission relook the issue.
The next issue of concern addressed by Mr. Forney was the right-of-way dedication north of the
proposed lot. Ms Warrick responded by stating when it was approved at re -zoning there was a
limitation on the number of curb cuts allowed at that time.
Mr Beavers noted the right-of-way is not on any one person's property and someone
would have to bear the cost of building the road.
Another item of concern was the detention pond addressed by Mr. Beavers, who stated staff is
requesting only one be allowed. The lot split would need to reflect this, and the person that
develops this lot would need to allow planning for the detention pond to be large enough for the
entire tract and not conflict with the right-of-way.
Ms. Warrick reminded everyone this is the only time that this lot will be addressed as a
whole.
Mr. Forney and Ms Johnson were in agreement concerning bringing the lot split before the
committee until there was a more definite understanding of the lot as a whole and what the plans
of the owner would be for the future development of this lot and its design.
11110 The other item addressed was the curb cut on Wedington.
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Minutes of Subdivision Committee
March 12, 1998
Page 4
Mr. Jones stated one curb cut for the entire tract was granted for the entire tract when it
was rezoned and this could be put in the bank's property, if the developer chooses to do
so, which would mean that there would not be a curb cut anywhere else.
Mr. Forney inquired as to the recommendation of the right-of-way and whether it should be
extended all the way to the west side of the property. There was discussion if the right-of-way
was designated to extend to the west end of the property and the lot is later developed, the right-
of-way may have to be changed.
Ms. Warrick responded if this happened, then it would require replatting, and also
mentioned that if the right-of-way did continue all the way to the west side, we would be
dealing with three lot splits as opposed to two.
Ms. Johnson moved that the lot split go before the Planning Commission without any
recommendation from the Subdivision Committee regarding the three items to include the utility
lines be put underground now, that the right-of-way be extended to the west side, and the
detention pond be developed to take care of both lots.
Discussion continued regarding the right-of-way and Mr. Fomey indicated if the lot was
developed as a subdivision, then we may not want to require the right-of-way to continue to the
west side.
Mr. Forney moved for the right-of-way to continue from east to west, have this property put in
escrow a percentage of the cost for installation of the underground utilities, encourage the
possibility of a temporary detention pond be enlarged or made to be the single detention pond
for this basin on this property. Ms. Johnson also stated the proportionate share of this lot should
be about 25% since it does include the highway frontage.
Mr. Jones questioned the percentage and whether it should be addressed at this time or
when it comes through as a large scale development. Ms. Warrick responded it would be
better to make the recommendation now than at a later date.
Phyllis Johnson moved this project be forwarded to the Planning Commission, as a whole,
and that the concerns addressed at this meeting be addressed before the Commission . John
Forney seconded the motion.
The motion carried with a vote of 3-0.
Minutes of Subdivision Conunittee
March 12, 1998
Page 5
PROJECT: LS 98-10.00 & LS 98-11.00: LOT SPLITS (WANDA SIMS)
Submitted by Glenn Carter of Carter Engineering on behalf of the applicant for property located
just south of 4015 East Huntsville Road The property is zoned R-1, Low -Density Residential
and contains approximately 2.0 acres. The request is to create three lots (0 66 acres, 0.70 acres
and 0.73 acres) This constitutes the second and third lot split requests.
Staff Report presented by Ms. Warrick.
Findings: This property was recently rezoned. In 1996 the front parcel was split from the
parent tract and later a property line adjustment was approved to further define the front lot (4015
East Huntsville) which has been sold to a new property owner.
Recommendation: Consideration of this project based on staff findings. If the Subdivision
Committee chooses to approve this project, staff recommends the following conditions of
approval:
Conditions of Approval
1. Plat Review and Subdivision comments (to include written staff comments mailed to the
applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, TCA Cable)
2. All improvements shall comply with City's current requirements.
3. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review
process was reviewed for general concept only All public improvements are subject to
additional review and approval
4. Payment of parks fees in the amount of $1,125.00 for three new residential lots ($375.00
each).
5. Sidewalk construction in accordance with current standards to include 4' sidewalk with 6'
greenspace along River Meadows Drive This should be completed at the time that the
street construction occurs.
Sewer must be extended to the north property line of lot 1 and across the road as shown
on plat.
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Minutes of Subdivision Committee
March 12, 1998
Page 6
Discussion:
Glenn Carter came before the Committee and stated Ms Sims would pay for the installation of
the sewer. Concerning the water line in connection with the subdivision, Mr. Carter stated they
would tap and place the water services before the road was built, and indicated on the map where
the water services would be.
Mr. Reynolds recommended that Ms. Sims also pay for the portion going to the installed
service, and Mr. Carter agreed.
Ms. Warrick stated that a recommendation would be made requiring the utilities to be put
underground and noted a notation on the plat to that effect.
Mr. Carter stated he had been working with Ozark Electric in this regard. There was
some discussion concerning where Ozark Electric was requiring an easement for the
lines. Mr. Carter had requested the lines run in front, and Ozark Electric requested them
in back of the property line. There were some concerns regarding provision of utilities to
the adjacent property owners. They reviewed the plat and discussed where in fact the
utility easement would best be placed, and the plat reflected an existing utility line
present on the front of the property line.
There were no further comments from staff.
Mr. Forney addressed the requirement concerning a fire hydrant.
Mr. Carter responded he had checked into this and had contacted Mickey Jackson's office
and left a message. The requirement was to have one at least every 400 feet and there
was a fire hydrant presently 228 feet from the line to the fire hydrant.
Mr. Reynolds recommended that Mr. Carter contact Mr. Jackson so there was some
confirmation in our files that they were in compliance with the fire safety codes.
Mr. Reynolds also inquired as to the requirement regarding the trees, retaining wall, and
sidewalks.
Mr. Beavers responded and stated a plan had been approved regarding a retaining wall
and this would be seen in about two weeks as an administrative item requesting a sign for
Stonebridge Meadows and had been approved.
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Minutes of Subdivision Committee
March 12, 1998
Page 7
John Forney moved that this lot split be approved at this level subject to the plat review
comments, resolution of the location of underground electric, and confirmation of adequate
fire protection, Said motion was seconded by Phyllis Johnson.
The motion carried with a vote 3-0.
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Minutes of Subdivision Committee
March 12, 1998
Page 8
PROJECT: LSD 98-6.00: LARGE SCALE DEVELOPMENT (RICHARD MAYES
AUTO1
Submitted by Chris Brackett of Jorgensen & Associates on behalf of the applicant for property
located at 1641 North Leverett. The property is zoned C-2, Thoroughfare Commercial and
contains approximately 0 68 acres.
Staff report presented by Ms. Warrick.
Findings: Due to improvements planned for the intersection of Leverett and Sycamore and
the widening of Sycamore Street, the existing auto repair shop must be moved. The applicant
proposes to build this new facility and then to raze the current structure. No waivers are being
requested for this project.
Recommendation: Consideration of this project based on staff findings. If the Subdivision
Committee chooses to approve this project, staff recommends the following conditions of
approval:
• Conditions of Approval
•
1. Plat Review and Subdivision comments (to include written staff comments mailed to the
applicant or his representative, and all comments from utility representatives - AR
Western Gas, SWBT, Ozarks, SWEPCO, TCA Cable)
2. All improvements shall comply with City's current requirements.
3. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval.
Planning Commission determination of compliance with Commercial Design Standards.
Note to the applicant: Compliance with this requirement includes screening of all utility
equipment regardless of its location.
5. Sidewalk construction in accordance with current standards to include a 6' sidewalk with
a 10' greenspace along Leverett
6. Large Scale Development approval to be valid for one calendar year.
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Minutes of Subdivision Committee
March 12, 1998
Page 9
7. Prior to the issuance of a building permit the following is required -
a. Grading and drainage permits
b. Separate easement plat for this project
c. Completion of all required improvements or the placement of a surety with the City
(letter of credit, bond, escrow) as required by § 159.34 "Guarantees in Lieu of Installed
Improvements" to guarantee all incomplete improvements. Further, all improvements
necessary to serve the site and protect public safety must be completed, not just
guaranteed, prior to the issuance of a Certificate of Occupancy.
8. All on-site drainage shall be privately maintained.
Note that the utility lines along Sycamore are the responsibility of the City and shall be
considered in conjunction with the street widening project which is to occur. The
overhead electric lines along Leverett are 69kv lines and are therefore exempted from the
ordinance which would require them to be buried.
10. Additional conditions:
• Discussion
Mr. Rutherford reviewed the plat and noted the sidewalk should be cement concrete and not
asphalt.
Ms. Sandeen noted the location of adding an additional tree. Mr. Brackett responded they could
add a tree at that location.
Ms. Sandeen further noted based on the Ordinance Review Committee meeting held by City
Council, there would soon be a requirement of no more than a 10 space span without breaking it
up with an island.
There was some discussion regarding the sign and Richard Mayes Auto assured the Committee
the sign would meet the ordinance requirements specified.
Ms. Sandeen noted the trees seen on the drawing were not actually on the property.
Ms. Johnson stated for future reference when the landscape design was brought before the
Committee, it should reflect what the property itself will look like and anything else
would be misleading both to the Committee and to the public.
• Mr. Forney addressed the requirement for screening which was actually a hedge row which was
not shown on the drawing and this should be shown.
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Minutes of Subdivision Committee
March 12, 1998
Page 10
Mr. Reynolds noted the possibility of approving this project at this level due to a time constraint.
Ms. Warrick responded if this project were approved at this level, the Planning
Commission would need to verify compliance with the commercial standards, and would
request the applicant provide us with a revised elevation for our file for future reference.
In response to Mr. Mayes question regarding the sidewalk on Leverett Street, Mr. Rutherford
stated the sidewalk there will be removed and a new one will be put in at the developer's
expense.
Mr. Mayes noted one of the lots does not have the right-of-way on Leverett Street side on
the corner. Mr. Rutherford responded and stated the City would be responsible for
putting the sidewalk in on the extra right-of-way.
Mr. Brackett stated the utilities would be interior and not exterior, and the dumpster presently
there would be removed. He had talked to Soddie and she had requested a location be provided to
her for future reference.
• Ms. Warrick noted the sign location would need to meet the sign ordinance.
There were no public comments.
Mr. Forney addressed the concern in reference to the sidewalks and whether there should have
been a ramp location required.
Mr. Rutherford stated it would be at the corner and this would be taken care of when the
City does the street widening.
Mr. Reynolds inquired about a sidewalk on the Sycamore side when the project was over and it
was noted there would be one.
Mr. Forney addressed another concern in reference to signage and requested a monument sign be
installed instead of a pole sign.
Mayes Auto was in agreement to putting up a monument sign.
Ms. Sandeen responded to the concerns about screening and stated she would need to visit with
the applicant and/or representative prior to the Planning Commission, but at this time she was
comfortable with what the developer had offered as a buffer being adequate. When the
contractor came in for a building permit and a landscape contractor came in, at that time she
would work with them.
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Minutes of Subdivision Committee
March 12, 1998
Page 11
Ms. Warrick noted that a certificate of occupancy would not be issued unless the building
matches what was actually on the drawing.
Mr. Forney addressed the ordinance that this property avoids unpainted concrete walls, metal
sidings, the wall sources are articulated and while it is a square plan the roof does break up the
volume some, and therefore, felt this project does meet the requests.
Under Section D (Issues of Compatibility) - Development should provide compatibility
and transition in adjoining developments and due to it being zoned C-2 with mostly
residential property around it. Mr. Forney emphasized it was important the screening be
adequate.
There was some discussion concerning the west side of the property and screening.
Ms. Johnson indicated that it would be good to have a cane break there due to the
residential property.
Ms. Sandeen requested Mr. Brackett extend the protection fence and that the equipment
• be kept out of that area and Mr. Brackett was in agreement with this
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Mr. Forney moved this project be approved at this level with the following stipulations:
adequate screening be provided, articulate those walls that are primarily viewed from the
public rights-of-way, avoid large unbroken metal siding did meet our commercial design
standards, monument sign stipulation, and the maintenance of the tin break. Ms. Johnson
reiterated the monument sign and added the cane break and seconded the motion.
The motion carried with a vote of 3-0.
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Minutes of Subdivision Committee
March 12, 1998
Page 12
PROJECT: AD 98-6.00: PARKING WAIVER (JOE FENNELI
Submitted by Roger Boskus of Heigel-Miller Architects on behalf of the applicant for property
located at 310 West Dickson Street. The property is zoned C-3, Central Commercial and
contains approximately 0.17 acres. The request is for a waiver of the required number of parking
spaces. The applicant proposes some shared parking.
Staff Report presented Ms. Warrick:
Findings: This project is proposed for the current Thrift Store site on West Dickson Street.
Due to the scale of the project, no large scale development is required, however, the Planning
Commission will need to make a decision concerning the provision of on-site parking spaces.
Recommendation: Consideration of this project based on staff findings. If the Subdivision
Committee chooses to approve this project, staff recommends the following conditions of
approval:
Conditions of Approval
1. Planning Commission determination of the provision of adequate parking, or the granting
of a waiver for said parking.
Concerning the proposed shared parking:
A map is needed (from UBC) which details which spaces in the UBC lot are to be
designated as shared spaces for this particular development - this is necessary in order to
ensure that shared spaces are only shared by one additional use as per the parking lot
ordinance.
A shared parking agreement (in writing) is required for the parking directly north of this
lot. While the parking may by "owned" by this applicant, the land is leased from Mr.
Rob Lewis. This could change the nature of this area in the future, therefore an
agreement which is jointly offered by Mr. Lewis and Mr. Fennel is needed.
Concerning the parking requirement:
§ 160.117(D)(1)(a)
In C-3 and C-4 zoning districts, parking requirements are waived for any existing
structure with a change of use. New construction, razed buildings or enlarged
buildings shall conform to the parking requirements of the city.
• Based upon the above excerpt, this project is required to provide parking per the parking
lot ordinance. The applicant proposes to raze the existing building to develop the site.
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Minutes of Subdivision Committee
March 12, 1998
Page 13
With 34 spaces required, 12 for residential units and 22 for retail/restaurant space
calculated at 1/200 sq. ft., the applicant proposes to meet this requirement by sharing 25
spaces with the UBC - see letter in applicant's materials, by sharing spaces with the
applicant's current parking lot to the north, and by developing 7 parallel spaces along
Campbell Street (4 on-site and 3 off-site)
Staff agrees that if approved as shared parking, the 25 spaces from the UBC will count
towards the applicant's requirement. We also feel that it is fair to count the 7 parallel
spaces on Campbell. The applicant states that 12 additional spaces are gained by
restriping the lot to the north - due to the need to create access drives to the new parking
as well as to the service area, staff feels that approx. 6 spaces have been lost to circulation
and therefore only 6 of the 12 spaces should be considered as gained spaces. Even with
this discrepancy, staff believes that the applicant can meet the parking requirement in the
following manner:
25 spaces (shared with UBC)
7 spaces (parallel on Campbell)
6 spaces (shared with lot to the north)
38 spaces provided (34 are required)
* It should be noted that only 4 of the provided spaces are being developed on-site. The
remainder are on adjoining property, right of way or UBC property.
All improvements shall comply with City's current requirements.
3. Staff approval of final detailed plans, specifications and calculations (where applicable)
for grading, drainage, water, sewer, fire protection, streets (public and private), sidewalks,
parking lot(s) and tree preservation. The information submitted for the plat review
process was reviewed for general concept only. All public improvements are subject to
additional review and approval.
4. The existing alley at the rear of this lot must be vacated. A vacation application must be
filed with the Planning Division and proceed to the Planning Commission as well as the
City Council.
5. Sidewalk construction: Planning staff recommends that the sidewalk along Dickson
Street remain and that it be repaired if necessary in front of this site; and that the sidewalk
along Campbell Street be waived due to the applicant's proposal to create a walkway
through this site leading from Dickson Street to the parking beyond. A public access
easement shall be provided for this walkway in order for the sidewalk along Campbell not
to be required.
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Minutes of Subdivision Committee
March 12, 1998
Page 14
6. Staff determination of compliance with Commercial Design Standards at the time that a
building permit is requested.
7. Dedication of right of way along Campbell Street to equal 14' from centerline (2.5'
additional). This dedication will provide for a future 28' right-of-way which will match
both Rollston and Thompson Streets.
8. A variance is required for proposed balcony along Dickson Street (which will be
constructed to the property line and will not meet the required 5' setback). This will be
considered by the Board of Adjustments at their 3/16/98 meeting.
Discussion:
Mr. Forney inquired as to the approval of parking waiver and if it should be considered at the
Planning Commission.
Ms. Warrick agreed and noted this was only an introduction to the Subdivision
Committee.
Mr. Rutherford noted he had not had the opportunity to view this site and could not make any
recommendation at this time until he had viewed the site. Mr. Rutherford does note one
requirement may include ramp removal, as well as, an access ramp requirement.
Mr. Fenney noted there was no access to Dickson Street at the present time except for the
sidewalk they had built in front of Jose's which was the only sidewalk connecting the parking
lot, therefore, they would propose to allow this access.
In response to whether this would be a large scale development, Ms. Warrick mentioned that this
would be the only time the Committee would see this project. Due to the size of the project it
would be considered a building permit project. At time of the building permit, staff would
consider commercial design standards. Also, this project will come before the Board of
Adjustments with regard to the balcony off the second level due to their proposal of going all the
way to the property line, which would not meet the 5 -foot setback requirement.
In response to Mr. Forney's question, Ms. Warrick stated that she would gather additional
information about the procedure concerning approval of the right-of-way request and access
easement, and would have that information prior to the Agenda Session for review.
Discussion continued between the Subdivision Committee, the applicant and the architect
concerning this proposal. Suggestions were discussed concerning the parking lot situation,
sidewalks, and traffic in that particular area and their concerns.
There being no further business, the meeting adjourned at 11:08 a.m.