HomeMy WebLinkAbout1999-11-10 - Minutes•
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MINUTES OF A MEETING OF THE
SUBDIVISION COMMITTEE
A regular meeting of the Subdivision Committee was held on Wednesday, November 10, 1999 at
8:30 a.m. in Room 111 of the City Administration Building, 113 West Mountain, Fayetteville,
Arkansas.
ITEMS CONSIDERED
LS99-22: Freeman, pp221
PP99-13: Copper Creek, pp100
PP99-11: McMillin Estates, pp441
PP99-12: Pine Valley, Ph V, pp363
MEMBERS PRESENT
Lorel Hoffman
Conrad Odom
Lee Ward
STAFF PRESENT
Tim Conklin
Kim Hesse
Janet Johns
Ron Petrie
Kim Rogers
Chuck Rutherford
Dawn Warrick
ACTION TAKEN
Approved
Forward
Forward
Forward
MEMBERS ABSENT
None
STAFF ABSENT
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Minutes of Subdivision Committee
November 10, 1999
Page 2
LS99-22: LOT SPLIT
FREEMAN, PP221
This item was submitted by Robert Wallace of Wallace Land Surveying on behalf of Mark
Freeman for property located at 3275 N. Sassafras Hill Road. The property is in the planning
growth area and contains approximately 8 76 acres. The request is to split the property into 2
tracts of approximately 0.83 acres and 7.93 acres.
Mark Freeman was present on behalf of the request.
Staff Recommendation
Staff recommended approval subject to the following conditions:
1. All Plat Review and Subdivision comments.
2. Staff approval of final detailed plans, specifications, and calculations for grading,
drainage, water, sewer, fire protection, streets, sidewalks, parking lots 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 All improvements shall comply with the City's current requirements.
Committee Discussion
Conklin: This was submitted by Robert Wallace of Wallace Land Surveying on behalf of
Mark Freeman. The proposal is to split the property into 2 tracts creating a 0.83 acre tract and a
7.93 acre tract. This lot split was approved by Washington County Planning on October 11,
1999. There are no adjacent Master Street Plan streets. Sidewalks, landscaping, and parks fees
are not required. This is in the county. A 30 foot utility easement along the west side of
Sassafras Hill Road has been added to the project plat as requested by the Plat Review
Committee. Staff is recommending approval and this can be approved at the Subdivision
Committee level. We have our standard conditions of approval attached as a part of our report.
Hoffman: Anything further from sidewalks?
Rutherford: This is outside the city.
Petrie: No comment.
Hoffman: Drainage?
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Minutes of Subdivision Committee
November 10, 1999
Page 3
Petrie: This is in the county.
Hoffman: Would the applicant like to make a presentation?
Freeman. I don't have a presentation. I have the copies of the survey and plat which have
already been submitted.
Public Comment
None.
MOTION
Ward: I'll recommend approval of LS99-22 for a lot split based on all staff comments.
This is automatic?
Odom. Yes. I'll second.
Hoffman: I'll concur. I have one question. Is this property zoned?
Conklin: No. It's outside the city limits.
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Minutes of Subdivision Committee
November 10, 1999
Page 4
PP99-13: PRELIMINARY PLAT
COPPER CREEK (STONERIDGE) SUBDIVISION, PP100
This item was submitted by Brian Moore on behalf of Gary Brandon Enterprises for property
located east of Highway 265 and north of Zion Road. The property is zoned R-1, Low Density
Residential and contains approximately 35 acres with 85 lots proposed.
Brian Moore, Gary Brandon, and Micki Harrington were present on behalf of the request.
Staff Recommendation
1. Provide additional information and a written request for a variance from the 100 foot
required setback for a home from a permanent water feature and maximum street grade of
4% at the intersection.
2. Improve Zion Road to county standards from the end of the existing paved section to the
eastern property line of this development.
• 3. Planning Commission determination of necessary off site improvements or assessment
for Zion Road from this site west to Hwy 265. Zion Road is presently a 17 foot wide
paved street with a 14 foot concrete culvert. Engineering will provide a recommendation
by the Planning Commission meeting.
4. Property line conflicts have been found along the north and south property lines. These
need to be resolved prior to the acceptance of construction plans.
Running Springs Drive (stub out to the north) shall be built to local street standards. This
needs to be revised on the plat.
6. Dedication of 1.49 acres to the City and payment of $8,025 to satisfy the current park
land dedication requirements. This fee is based upon the present park land formula which
is required to be updated every 2 years. Actual park land fees will be determined at the
time of final plat approval.
7. Street name revisions need to be shown on the plat including switching Cooper Creek
Drive and Jasper Lane. Garden Grove Drive needs to be Court or Place and Peppermill
Lane needs to be Place.
8. All Plat Review and Subdivision comments.
9. Staff approval of final detailed plans, specifications, and calculations for grading,
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Minutes of Subdivision Committee
November 10, 1999
Page 5
drainage, water, sewer, fire protection, streets, sidewalks, parking lots, 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. All improvements shall comply with the City's current requirements.
10. Sidewalk construction in accordance with current standards to include a minimum 4 foot
sidewalk with a minimum 5 foot green space along one side of each residential street with
40 foot total right of way and a minimum 4 foot sidewalk with a minimum 6 foot green
space along both sides of each local street with a 50 foot right of way.
11. Preliminary plat approval is valid for 1 calendar year.
12. Extend the sidewalk on Peppermill to between lots 58 and 59 and to between lots 54 and
55 on Water Stone.
13. The property owners' association will make provisions for tree replacement in the
protective covenants.
• 14. Extend the sidewalk to the property line of Lot 55 along Hearth Stone to the east.
15. Widen the utility easements between lots 51 and 52 and lots 73 and 74.
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16. Provide a drainage easement for the detention pond. The property owners' association
will maintain all drainage outside of the right of way.
17. Provide for irrigation.
18. Manholes must have truck access.
19. The final plat for Stonewood must be filed prior to final plat approval of Copper Creek
Subdivision.
20. Show the Master Street Plan streets on the vicinity map.
Committee Discussion
Conklin: This is a preliminary plat for Copper Creek Subdivision. This is located
immediately east of the recently approved Stonewood Subdivision. The street connections are
being provided to the north and east The development also has access to Zion Road to the south
and connects 2 streets, Hearth Stone and Water Stone to the Stonewood Development to the
west. The Parks Board has voted to accept a combination of land and money to meet the
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Minutes of Subdivision Committee
November 10, 1999
Page 6
dedication requirements. Staff is recommending that this plat be forwarded to the Planning
Commission. The conditions to address and discuss are the requested variances. There is a
variance from the 100 foot required setback from a permanent water feature that is located on the
north side of Hearth Stone Avenue. There is an existing pond. They are requesting a variance of
the maximum street grade of 4% at an intersection. They are required to make improvements to
Zion Road to county standard from the end of the existing paved section to the eastern property
line of this development. Currently, there is a gravel road at the end of Zion and you tum to the
east. We are requesting that it be improved to county standards. There is a property line conflict
along the north line of this property. This must be resolved prior to the acceptance of
construction plans. Running Springs Drive which is the stub out to the north shall be built to
local street standards. This needs to be revised on the plat. Dedication of 1.49 acres to the City
and payment of $8,025 to satisfy the current park land dedication requirements. This fee is based
upon the park land formula which is required to be updated every 2 years The actual park land
fee will be determined at the time of final plat approval Street name revisions need to be shown
on the plat. Copper Creek Drive should be Jasper Lane. Garden Grove Drive needs to be Court
or Place. Peppermill Lane needs to be Place. We have the standard conditions of approval on
this plat. At Plat Review, staff did discuss connections to Zion Road. There are currently 2
houses owned by Youth Bridge located south of lot 60 and east of 59, 52, and 51. At that time,
we recommended that the street be connected to Zion Road at that location. I have talked to
Scott Linebaugh with Youth Bridge. There is conflicting information as to whether or not there
is a road easement at that location. Staff requested that if they could not work out a connection
in this location that they provide connection on their property located where the proposed park
land area is shown on this plat. They have complied with what staff has recommended. Staff felt
that any time you have a subdivision that adjoins a public street right of way a connection should
be made to that street. Therefore, we have asked that this street be connected in this location.
Rutherford: They have met most of the requirements. 1 would ask that the sidewalk on
Peppermill Lane be brought down to the property line between lots 58 and 59. That would wrap
the culdesac. On lot 54 and 55 on Water Stone Drive, that sidewalk needs to constructed to the
property line on 54 and 55. Our ordinance states that sidewalks shall wrap the culdesac.
Hoffman: You're saying to completely wrap them. Right now they both go about 3/4 of the
way.
Rutherford: They need to end at a property line. Also, there must be an access ramp at those
points to get onto the sidewalks.
Hesse: Would you consider putting in the covenants that the property owners will be
responsible for installation of trees on each lot?
• Brandon: Can you provide some language?
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November 10, 1999
Page 7
Hoffman: Is there a property owners' association?
Brandon: There will be.
Petrie: I have site specific comments. Extend the sanitary sewer along Club Stone Drive
to the property line. The eyebrow culdesac adjacent to lots 7, 8, and 9 is too shallow.
Hoffman: Can you add these to the Planning Commission conditions of approval?
Petrie: Yes. The first variance is for the pond. Is this going to act as a detention pond?
Moore: No.
Petrie: Is the water elevation going to consistent?
Moore: It will fluctuate some in heavy rains
Petrie: It's going to have a definite overflow.
Moore: Correct.
Petrie: If that is the case, you don't need a waiver from that ordinance.
Moore: Okay.
Petrie: The other waiver on the street grade needs to be a written request stating where,
how many, and what the slope will be.
Moore: Until I design it, it's iffy. I'm not sure exactly where it will go.
Ward: Which intersection are you talking about?
Moore: Possibly on Zion and Jasper, by just looking at the topo.
Petrie: We need information so we can determine whether we will recommend it or not.
Add a 20 foot utility easement between lots 51 and 52 for the extension of the sewer. The
easement between lots 73 and 74 is too small. There need to be separate drainage easements and
utility easements. You've got several easements for storm pipes which are labeled as utility
easements and we need those noted as drainage easements and separate them from the utility
easements. Through the detention pond, the City requires a continuous easement through the
pond connecting the inlet and outlet structures. Detention ponds are required to be sodded and
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Minutes of Subdivision Committee
November 10, 1999
Page 8
have concrete trickle channels. We are requesting that all the storm drainage outside the right of
way be maintained by the POA and that includes the detention ponds and permanent ponds and
any type of swale or channel. Make provisions for irrigation which need to be cleared with the
Water and Sewer Superintendent. All back yard manholes must have truck access. More than
likely it will have to be a gravel drive. You need to look at making adjustments. There is a lift
station being constructed with Stonewood Subdivision. Those construction plans have not been
submitted. All of the infrastructure associated with Stonewood will have to be in place before
we can accept this.
Conklin: No final plat for Copper Creek Subdivision will be signed off until the final plat
for Stonewood Subdivision has been recorded. They are relying on Stonewood for the utilities
and streets. The city will not have ownership until the final plat for Stonewood has been
recorded at the county. Timing is critical for this development.
Petrie: Stonewood must construct a sanitary sewer lift station. Any upgrade to that
structure to accommodate these lots would be at this developers' expense.
Moore: We don't have a presentation. We have tried to abide by the staff requirements.
• Conklin: Engineering will be providing a recommendation to the Planning Commission
regarding necessary off site improvements or assessments to Zion Road from the site west to
Highway 265. Zion Road is currently 17 feet wide with a 14 foot one way concrete culvert
which crosses the creek. Engineering will provide a recommendation on assessment or
improvement to Zion Road.
Hoffman: That will be done in time for the applicant to respond.
Conklin: Yes.
Public Comment
Frank Grant, residing at 3322 E. Zion Road, was present.
Grant: We have questions on the traffic flow coming out of this subdivision. First,
dumping this on Zion Road through Julie Lane, there is a one lane bridge.
Warrick: The private drive he is referring to is for Youth Bridge and it's known as Julie
Lane.
• Grant: You have all this traffic using the one lane bridge In the last 18 months, 2 cars
have missed that bridge and went off in the ditch. I hope the Planning Commission goes out to
Minutes of Subdivision Committee
November 10, 1999
Page 9
look at this area. Also, Mr. Foster's development will have all the traffic flowing through his
development to get to Highway 265. I can't imagine him agreeing to that. You can't dump it all
on Zion Road, either.
Odom. When we approved Mr. Foster's development, we required stub out to this area
He knew when he put his place in that it would be required.
Grant: What improvements will they make to Julie Lane? I live directly in front of that
and that's why I'm interested.
Robert Burge, residing at 3435 Zion road, was present.
Hoffman: In regard to connecting to Highway 265, as a subdivision is brought through the
process and receives approval, there is a great deal of discussion regarding the placement of
streets because it is the accepted view on the part of the City that the dispersement of the traffic
over several areas is preferable to dumping it all out in one spot. In this case, you have 5
altemative routes to get out of this subdivision. One to the east, one to the south, and 2 to the
west, and one to the north and that would stub out into undeveloped land to the north. There is
nothing developed there but we are making provisions for something to come through.
Grant:
anywhere.
Going east, you're going right back to Zion Road and that doesn't get you
Burge: Will Jasper Lane feed into Zion Road?
Hoffman: Yes.
Burge: That will be next to the park area.
Hoffman: Yes, at this point.
Burge: Do they have any plans to do anything to the one lane bridge?
Hoffman: Engineering is in the process of making a recommendation on that. We haven't
heard back from them yet. Before this plat moves forward to the Planning Commission, we will
know what the Engineering Department has come up with in terms of the fair share cost of this
development to improving that bridge. It is a question on the table and we will have an answer
to it. This is a hearing for the preliminary plat. If this proceeds to the Planning Commission in 2
weeks, the Planning Commission would then vote on whether or not to approve the preliminary
plat based on the items of discussion that we are talking about today.
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Minutes of Subdivision Committee
November 10, 1999
Page 10
John Nooncaster, residing at 2655 N. Wakefield Place, was present.
Nooncaster In the northwest corner, they show 2 pins and in Stonewood Subdivision, they
identified the south pin as the corner.
Hoffman: Is this the property line dispute we have talked about?
Conklin: That is what needs to be worked out.
Nooncaster: At some point, I will develop my property to the north. I would like to get
comments from staff and Subdivision. Greystone couldn't be extended directly to Running
Springs because that would cause a strip of the property to be too small to be developed.
Conklin: You would probably have to curve the road to the north.
Odom: Does he have the distance to do that?
Conklin: Yes.
• Petrie: We have not reviewed those construction plans and comments here are
inappropriate.
Hoffman: But, when your property comes through, we would coordinate all that.
Grant: What is the price range of these houses?
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Brandon: I don't have any specific figures because we haven't priced the lots. I would
guess them to be $200,000 or more. There will be a property owners association and a pool.
Further Committee Discussion
Rutherford: On the culdesac between Tots 19 and 18, extend the sidewalk to the property line.
Moore: Okay.
Rutherford: Regarding note number 1, could you make that more clear9
Moore: Okay.
Odom. There seems like a lot of work between now and Planning Commission.
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Minutes of Subdivision Committee
November 10, 1999
Page 11
Hoffman: That is my thought, too.
Warrick: I think most of the comments that Ron made are comments that are based on the
fact that staff has requested that the applicant change this plat more times than usual after Plat
Review. Many of those comments would have been addressed at Plat Review.
Hoffman: I have a question about the status of Julie Lane. Were we unable to determine if
there was any possible connection to Running Springs Drive that would provide a primary access
point to the subdivision?
Conklin: I have had several conversations with Mr. Brandon and Scott Linebaugh. The
original preliminary plat that was submitted to the City of Fayetteville showed a 60 foot road
easement located not on his property but on Youth Bridge property. Scott Linebaugh called me
and talked about when they purchased this property that their title company informed them that
there was not a 60 foot easement on this property.
Odom: That's the title company's problem, not ours.
• Conklin: Our County Assessor plat pages do not show a road easement on Youth Bridge
property. We are unable to determine whether or not it exists. I recommended that since Mr.
Brandon has property which connects to county road 92 or Zion Road that they provide the street
in that location where there is clear title and provide a connection to the north.
Brandon: This is not a public easement.
Petrie: There is a 20 foot public easement.
Micki Harrington, attorney, was present on behalf of Mr. Brandon.
Harrington: We had a number of discussions with Youth Bridge about that. They are hesitant
to provide a connection because of the nature and uses of the houses for teenagers. They were
concerned about access to the subdivision. They do not want to destroy the isolation of those
homes and they would be happier with a buffer around them and a road in a different location.
We're trying to work this out.
Conklin: Scott Linebaugh indicated to me that he was opposed to extending the street to the
north. When they purchased the property, they wanted to make sure they would be isolated. I
was more concerned about connections to Zion Road. I'm comfortable with the connection to
Jasper Lane.
• Hoffman: We need the site distances confirmed prior to setting that final grade at Jasper. I
Minutes of Subdivision Committee
November 10, 1999
Page 12
think it's better planning not to have your major access on a curve. I am satisfied with the
connections to future developments.
Odom: What is Hearth Stone's designation?
Conklin: That is a local street. Next year, when we revisit the Master Street Plan and the
Land Use Plan, this is an area that we might want to look at for additional collector streets. At
this time, we don't have any collector streets designated.
Hoffman: Is the Master Street Plan included in the vicinity map? I would like to ask the
applicant to add that. That would be a big help. I would like to have that on all projects. We
need to know the off site improvements before the Agenda Session.
Odom: The Planning Commission will go out and tour this at Agenda Session on
Thursday, November 18th.
Grant: You keep talking about the Youth Bridge property. According to the plat, that
road doesn't exist.
Odom: We were asking why.
Hoffman: It will remain their private drive. Is that property fenced now?
Conklin: No.
MOTION
Odom: I move to forward the preliminary plat to Planning Commission.
Ward: I second.
Hoffman: I concur.
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Minutes of Subdivision Committee
November 10, 1999
Page 13
PP99-11: PRELIMINARY PLAT
MCMILLIN ESTATES, PP441
This item was submitted by Steve Hesse of Engineering Design Associates on behalf of TFJ
Nominee Trust for property located at the southeast corner of Wedington Drive and I-540. The
property is zoned C-2, Thoroughfare Commercial and contains approximately 27.48 acres with 9
lots proposed.
Steve Hesse and Dave Constien were present on behalf of the applicant.
Staff Recommendation
Staff recommends forwarding this item to the full Planning Commission subject to the following
conditions:
1. Street connection to the south property line of lot 9 in order to provide connectivity to the
vacant property to the south.
• 2. Dedication of right of way along Wedington Drive must be by warranty deed to meet the
requirements of the Master Street Plan for a principal arterial which is 55 feet from the
centerline.
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3. Show the required sidewalk and green space along Futrall Drive along lots 8 and 10 and
existing sidewalk along Wedington Drive.
4. Sidewalk construction in accordance with current standards to include a minimum 6 foot
sidewalk with a minimum 10 foot green space along Futrall Drive and a minimum 6 foot
sidewalk with a minimum 6 foot green space along both proposed interior subdivision
streets. The right of way for these streets will need to be increased from 50 feet as shown
to 52 feet in order to accomodate this street standard for local streets within a commercial
development.
A unified development theme shall be presented in order for this development to comply
with Commercial Design Standards.
6. Cross access between lots will be reviewed at the time of large scale development
approval for each of these lots.
7. Proposed subdivision entrance signs must comply with the City's sign ordinance. They
appear to be too close to the street right of way as shown.
Minutes of Subdivision Committee
November 10, 1999
Page 14
8. All Plat Review and Subdivision comments.
9. Staff approval of final detailed plans, specifications, and calculations for grading,
drainage, water, sewer, fire protection, streets, sidewalks, parking lots 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. All improvements shall comply with the City's current requirements.
10. Preliminary plat approval is valid for one calendar year.
11. Extend the water line to the end of the stub out.
12. A wider easement is required for water and sewer along lot 1.
13. Provide ownership information for property maintenance for lot 10.
14. No freestanding signs will be permitted on lot 10.
• 15. Drainage outside the right of way shall be privately maintained.
Committee Discussion
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Conklin: This is a commercial subdivision and zoned C-2 This has 10 proposed lots.
However, one of the lots is unbuildable This is along I-540 and Futrall Drive. The majority of
the property is located within the Design Overlay District. Staff has requested that access to
Futrall and Wedington Drive be limited in order to reduce potential traffic conflicts. Staff
believes it is important to provide a street connection to the south due to Futrall Drive being a
one way, north bound street.
Rutherford: This is a complicated project. We require sidewalks on our streets and they are
not showing one along Futrall Drive. We have talked about doing a sidewalk through the
subdivision. There would not be an access to the lots in the back and no access to the pedestrian
along Futrall Drive. One scenario would be across I-540 on the other side where the hotels and
motels are there is no sidewalk.
Hoffman: Is there a public transportation stop on Futrall?
Rutherford: Not that I'm aware of?
Hoffman: Could there be?
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Minutes of Subdivision Committee
November 10, 1999
Page 15
Conklin: There are not any right now.
Rutherford: They have shown the sidewalks on the interior streets. The sidewalk exists on
Wedington and was developed as part of the Highway widening. Do we want sidewalk on
Futrall Drive?
Petrie. We would request that you extend the water along the stub out. The easement on
the east side of lot 1 needs to be wider for water and sewer. On lot 10, they are going to use this
to rechannel the existing creek. They have received a conditional letter of map revision from
FEMA to do that. They will need the Corps of Engineer's approval to do that. The owner will
be required to assume maintenance of the channel. We need to know how this will owned and
maintained.
Hoffman: In conjunction with the rechannelization, will that be paved?
Petrie: No. It will be a large, grass area
Hoffman: That would shift the flood plain and FEMA would be involved.
Petrie: Do you have any information on who will own that lot?
Constien: I represent the trust and ideally, we would like to give it to the city for park
dedication. If they don't accept that, we will maintain ownership and maintain it.
Petrie: All drainage outside the right of way will be privately owned and maintained. We
don't want any ownership.
K. Hesse: Are they going to plant trees along the creek?
S. Hesse: I don't think so. We will provide the required green space.
K. Hesse: We'll lose those trees in the rechannelization and it will require replacement.
Conklin: It might be helpful if you could describe what the channel will look like.
S. Hesse: It's a 30 foot flat bottom channel. The side slopes will be 3 to 1. In talking to the
Corps, they would prefer it not to be mowed and maintained. Their procedure is to require that it
go back to a more natural state. It will be grass lined to keep the erosion down.
S. Hesse: When the Marinoni's were notified of the development, Paul came into our office
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and looked at the plan. Yesterday, Dave met with the Marinoni's on a possible revision to the
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November 10, 1999
Page 16
entrance drive. The entrance as shown was recommended by staff for connectivity to the south.
The Marinoni's would prefer not to do that. It makes them obviously connect through there. I
have copies of what they worked out yesterday.
Constine: In lieu of doing the connecting street along lot 9, we would provide the
Marinoni's with access at the same location. When they came through with what they want to
do, they would not need another entrance on to Wedington. They could all use the common
entrance.
Hoffman: Has staff seen this?
Conklin: No. When the Marinoni's come through, we had planned for a connection to the
street at this location but I want to see a connection to the south. This past summer, I had to deal
with the Quality Inn on Shiloh Drive when AHTD made the access roads one way south and one
way north and try to get access off Highway 62 to the hotels. The Marinoni's currently have 80
acres for sale that wrap around this property. I think it is really important to have some type of
street that will provide some access over here. That's staff opinion. We need that south access.
Odom. You think they can access that street?
Conklin: It would be close.
Warrick: It would against the ordinance because the intersections would be too close
together.
Constien: The Marinoni's own the frontage to the road. It's not like they are being limited
to access through this area.
Conklin: I understand that. Take into consideration this in one way to the north. The only
way to get to the property is to go to Highway 62 and come back. I thought it was important to
get a future street connection. They have 80 acres. They need access to the west along Futrall
Drive. My experience is with business owners. They like access in both directions along the
bypass.
Hoffman: I think the connection through the center part is consistent with previous
requirements for developments such as Wal-Mart where you have a building in front and a public
road to get to the businesses at the back. We also have cross connections.
Conklin: That is a public street with private access points.
Hoffman: This is different in that it is much larger scale and more intensely zoned.
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Minutes of Subdivision Committee
November 10, 1999
Page 17
Public Comment
Paula and Paul Marinoni, brother and sister, were present.
Marinoni: My father sold this to the James Group about 13 or 14 years ago. 3 years ago,
they began to prepare to develop. During that time, we commissioned David Glasser at the
University of Arkansas' Community Design Center to help us take a look at the whole piece of
property so we could approach this with a good plan. That took about a year and a half. We had
many scenarios as far as land usage. Our main concern is to have a main entrance off of
Highway 16 and not to land lock any property. We think it makes more sense to possibly
connect Cleveland. They are putting in a 600 unit apartment complex at the top of the hill with
1000 more units on campus and it will be very important to have connecters and not major
collectors. We will need to divert traffic. If Cleveland were to connect, it could join our
property with a nice curve and get to the bypass. Cleveland is not on the City's Master Street
Plan. We thought it was. The road to our house has been there for 100 years and we would '
want to keep that private drive. We met with Mr. Constien and EDA over the last 2 years and we
have been trying to work together on this so it would make sense for everybody and it would be
something that the City would be proud of. We're in agreement that we don't want people to
enter the 80 acres through a shopping center.
Odom: I don't think it was staff's intent. I think they want to make sure you have access.
Conklin: We would have to get additional right of way to meet the standard for
intersections. Paula, you've been talking with us in Planning for 2 years and have presented
various proposals for rezoning property to commercial and we've also worked with you on
master planning your property. I can tell you, if you subdivided a lot right here, most likely these
people would want some type of access to the south. That is my experience in dealing with the
business owners when the traffic was redirected to one way. You'll have to build a road
somewhere. The street would have to be stubbed out to the south property line.
Hoffman: I think the design presented today is preferrable and I would like to see it
incorporated into the plan. Is there any way to retain a right of way and not build a street?
Conklin: It needs to built. It's a requirement and it needs to be built at this time. It's too
difficult to go back and try to get the original developer to pay for it.
S. Hesse: These have to go through large scale development.
Odom. What is the time frame on the Marinoni's development concept? Are you close to
bringing it forward or is it something in the future?
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November 10, 1999
Page 18
Marinoni: The only reason we moved on it was because Dave said they were ready to go.
Since they were ready to go, we needed to figure out what we wanted to do because we wanted
to work with them to come up with something that made sense for us and the City. I've been
frustrated with the "you can't get there from here" situation and streets that don't go through.
We've considered street connections and future uses of this area. If we could have a point, main
entrance to the area --
Odom: You're saying, "the whole thing" and we don't really know what that means
because there is no preliminary plat. At some point in time, you might decide to sell a section of
the property and prevent any southern access. I think that is why staff is recommending access to
the south.
Conklin: At Plat Review, we preferred the possibility of having McMillin Drive curving
and providing a stub out to Futrall. You need to look at the backs and fronts of building.
Constine: That's not even my property, so why would I construct the street to that point?
Conklin: Stub outs are required to go to the property line. I would prefer to see this
• stubbed out to the furthest south property line. Paula, you'll be required for all the streets to
serve your property. I'm just trying to provide connection to the 80 acres of property for future
access.
•
Constine: If that is the case, I'll move the street and not build the additional 500 feet of
street.
Hesse: That was one of 2 options at plat review.
Conklin: I suggested that I wanted to try and get to Futrall if possible. That is my
recommendation and I'll let the Subdivision Committee make a recommendation to the Planning
Commission.
Hoffman. I think the connection needs to be there based on the one way design of Futrall.
Conklin: So, when we see lot 9 at large scale development or at the time Marinoni's
develop, they would be responsible for the entire street on this side.
Marinoni: We want a main entrance without having to go through a shopping center.
Originally, we had a half a mile of frontage along Wedington and as the years passed and the
bypass came through, it took off some of the frontage. We sold a parcel to the church. We sold
a parcel to TMJ and we now have 360 feet of frontage that serves 114 acres. On our preliminary
studies, we had a 5 acre block fronting on the 4 lane road with a preliminary entry to a
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Minutes of Subdivision Committee
November 10, 1999
Page 19
commercial tract. Our entry is paramount to 114 acres. If we do it as they are proposing, we
can't get on it. The only other thing to do is split the 360 feet in half and have 2 lots at 150 feet
in depth which would not be big enough for commercial. This entry on Wedington is paramount
to everything we want to do back there. What they are proposing to do does not serve any
purpose for us at all.
Odom: I think staff and this committee are in agreement.
Conklin: Are you in agreement for half of this to be built on your property?
Marinoni: Right.
Conklin: So, we'll move this over onto your property.
Marinoni: I give 25 feet of right of way.
Conklin: We're all in agreement. This is a great idea. I'm still considering other access
points to the property to the south. Basically, you're saying you're opposed to that and you had
rather construct the streets when it develops. That's what I'm hearing
Marinoni: We don't want the back of Mr. Constine's buildings to be the view from our
development. We want to put the back of a building to a back of building.
Constine: The property line would be a fence and not a street.
Hoffman: We need to consider cross connections. I would be unwilling to get rid of a
southem connection unless the Master Street Plan were amended so we would be assured that
there would be a street. I appreciate your being here but this may never happen.
Conklin: That's my concern. I'll have to deal with business developers who require access.
Hoffman. I'm not willing to leave off the southern access unless the Master Street Plan were
to be amended. We also have large scale development on each of the lots to provide additional
connections.
Conklin: Keep in mind this is commercial and we're trying to make this accessible. It
would be nice to have sidewalks and streets if this was to develop residentially similar to the
Wal-Mart Neighborhood Market on Highway 45.
• Ward: We will require the street to be stubbed to the property line on lot 9 at the time
this develops.
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Minutes of Subdivision Committee
November 10, 1999
Page 20
Hesse:
Conklin:
Marinoni:
Fayetteville
a full street.
Hoffman:
Conklin:
Hoffman:
Marinoni:
Odom:
We could dedicate right of way on this plat.
They're showing a proposed street now.
In some of the shopping areas such as the area on N. College where the Bank of
is, there are multiple ways to cut through and get into it. What if they didn't develop
Can't there be alleys?
You're talking about cross accesses.
I believe you need a street.
I'm not willing to give up the street until you develop and show us your proposal.
We would like for Cleveland to go through.
Do you own the property all the way to Cleveland?
Marinoni: No. Just to the east of us, Heckathorn owns the property and there is a dedicated
road There is a house at the location to connect to Cleveland. At one point, this property owner
was approached about relocating and he was willing to move. I think that is something that the
City should really look into. We would consider dedicating that if we had assurances from the
City that they would plan that.
Hoffman:
Odom.
Marinoni:
I think that is too far in the future.
The City may plan it but the developers build it.
Eventually, that would happen. We are working together.
Odom: The Planner is trying to look out for your interest. I know you are saying you
don't want that stub out but with staff being so adamant about it, I'll have to support them until
another viable alternative is presented to us for our consideration.
Hoffman: We have to look at what is before us now. With that in mind, we should keep this
the way it is and it can change. It's a preliminary plat. There are numerous things that can
change like amendments to the Master Street Plan. Can we talk about the sidewalk on Futrall?
Rutherford: I guess this cross section is your local street. The Master Street Plan shows the
street to be 28 feet with a 6 foot green space and 6 sidewalk on both sides of the street. Please
show it that way so the contractor will know what is being built. On Futrall, we required Hank's
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Minutes of Subdivision Committee
November 10, 1999
Page 21
Furniture Store to build the sidewalk on Futrall. Across the freeway, at the HUD housing
complex, we required them to build sidewalk along Futrall. I think we need sidewalks on Futrall.
The Master Street Plan requires sidewalk along Futrall.
Conklin: Keep in mind this is zoned commercial.
Hesse: We had the sidewalk on this and you asked us to take it off. What if we build it
along Futrall to this entrance? I think there may be terrain problems along the channel.
Rutherford: Are you talking about just building it along lot 8?
Hesse: Yes.
Hoffman: That actually makes sense to me.
Rutherford: I feel we need a sidewalk on Futrall. We've required it on other developments
and we should continue to do so.
Hesse: Do you think anyone would cross the bypass on Wedington to get to a sidewalk
Hoffman: I live in this area and I've seen it done.
Conklin: There are apartments on the other side of the bypass.
Hoffman: We definitely need it on lot 8.
Odom: If staff says to build it, they build it.
MOTION
Odom. I move to forward this preliminary plat to the full Commission with the changes
being made to the intersection and the extension of this street indicated on the plat and the
sidewalk being built along Futrall and all other staff comments.
Hoffman: Definitely show sidewalk along lot 8.
Ward: What are we going to do about lot 10.
Constien: We can dedicate it to the City.
• Conklin: The city does not want it.
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Minutes of Subdivision Committee
November 10, 1999
Page 22
Ward: I'll second.
Hoffman: I'll concur. I think it is better to err on the conservative side. We're talking about
a rapidly developing area. I will be for sidewalks
Hesse: We had originally shown an asphalt trail.
Hoffman: I like the asphalt trail, myself. Get creative.
Rutherford: The original sidewalk/trail followed the drainage. We don't want to have to do a
bridge. We wanted to follow the inside of the drainage.
Hesse: I'm not sure how we'll cross the channel. There would have to be a bridge if we
put in a sidewalk because of the culvert.
•
Rutherford: Anything that is done on Futrall will have to have a permit from Mike Pickens at
the Highway Department.
Hesse: Look at the grading plan. There is a 25 foot green space. You would have to
cross the drainage.
Odom: Could you run the sidewalk to the bridge.
Hesse: I don't think there's room. We would need to stay on the east side of the channel.
Hoffman: Could you get that together for the agenda session?
Hesse: I think it can work.
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Minutes of Subdivision Committee
November 10, 1999
Page 23
PP99-12: PRELIMINARY PLAT
PINE VALLEY, PH V, PP363
This item was submitted by Kurt Jones of Crafton, Tull & Associates on behalf of BMP
Development for property located north of Wildwood Drive and west of Shiloh Drive. The
property is zoned R-2, Medium Density Residential and contains approximately 5 acres with 6
lots proposed.
Chris Parton and Rick Kershaw were present on behalf of the request.
Staff Recommendation
Provide staff a cost estimate for the required contribution for the balance of Millsap Drive
in the Brookhaven Subdivision. This is an outstanding requirement from a previous
subdivision by the same developer.
Update the flood plain certification. You must include the FIRM panel number and
effective date. The most current information was not sufficient.
• 3. The area north of the platted lot 1 in a previous phase of this subdivision at the southeast
•
corner of this property must be resolved. Is this a drafting error?
4. Payment of the assessment of $2,800 which is for 14 residential units at $200 per unit for
improvements to the Hamestring Creek Basin.
Payment of the assessment of $3,360 which is for 14 residential units at $240 per unit for
improvements to Salem Drive and Shiloh Drive.
6. Lots 1 through 5 shall be required to share access points or curb cut and lot 6 shall be
limited to one curb cut only.
7. All Plat Review and Subdivision comments.
8. All improvements shall comply with the City's current requirements.
Staff approval of final detailed plans, specifications and calculations for grading,
drainage, water, sewer, fire protection, streets, sidewalks, parking lots 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.
Minutes of Subdivision Committee
November 10, 1999
Page 24
10. Payment of parks fees in the amount of $4,200 for 14 units at $300 per unit. This fee is
based upon the present park land formula which is required to be updated every 2 years.
Actual park land fees will be determined at the time of final plat approval.
11. Sidewalk construction in accordance with current standards to include a minimum 4 foot
sidewalk with a minimum 6 foot green space along Wildwood Drive.
12. Fire protection per the fire chiefs requirements. Additional hydrants may be necessary
depending upon the number of buildings placed on lot 6. The fire code requires that no
point on any building shall be more than 500 feet road travel distance from a hydrant.
13. Preliminary plat approval is valid for one calendar year. If construction has not begun
within 1 year of approval, this plat will be void.
Committee Discussion
Parton: The platted lot 1 got shifted.
Warrick: Point West Drive is not shown on here but it does connect to Pine Valley Drive
south of lot 1. It looks like those dimensions are wrong from what the final plat shows.
Parton: I'll look at it.
Conklin: That needs to be resolved.
Rutherford: There were some outstanding projects that weren't completed but they have
completed all those punch list items. Rick, did you do the landscaping on the sidewalk you just
completed?
Kershaw: That's between phase III and IV. I inspected that yesterday and we have some
grade work to be done.
Petrie: Regarding lot 1, phase I, I notice there's no utility easement in the front. You'll
have to have sewer.
Parton: We'll have to obtain an easement from the adjoining property owner or keep the
sewer in the street right of way.
Petrie: That's correct. Do you have the amount for the cash contribution toward Millsap?
Kershaw: I talked to the EDA Group and they gave me a conservative figure of $70 per foot
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Minutes of Subdivision Committee
November 10, 1999
Page 25
as opposed to another figure of $220 per foot. I think that is rather conservative. It will be $100
to $125 per foot.
Petrie: Can you tell me how it's derived?
Kershaw: He gave me some numbers based on materials and labor.
Petrie: I need a written breakdown of that. This was pulled at Planning Commission
meeting because of items that BMP had not done. I don't think we need to talk about this now.
Odom: I would appreciate it if you would expand on this. What are you talking about?
Petrie: There was a stub out that was required into Brookhaven.
Kershaw: It was partially constructed.
Petrie: That was Millsap Avenue. There was 150 feet that was not constructed and they
were to provide a cash contribution to do that which was not done.
Odom: How old is this?
Kershaw: 4 or 5 years.
Warrick: Early 90's.
Hoffman: So, we're asking that item to be taken care of before approving this.
Warrick. The punch list had a couple of pages of items that the various divisions had
outstanding issues on with this developer. All of those items, with the exception of the guarantee
have been satisfied. We've been checking on these periodically. In 1998, the Subdivision
Committee ruled that they could not go forward until these items were resolved.
Odom: How many items?
Warrick: There were about 5 sidewalk issues. There were 3 or 4 park issues. There was a
landscape issue and various engineering items. These were for 6 or 7 different developments
processed by this developer over a period of 10 years. We have resolved all of the issues with
the exception of the guarantee for Millsap Drive. We expect the estimate will be agreed upon by
the developer and the engineering staff before this item comes before the Planning Commission.
Odom. That's fine with me. Good.
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Minutes of Subdivision Committee
November 10, 1999
Page 26
Petrie: They've made significant progress and I don't want to hold them out of process.
They've done a lot of work. Thank you.
Hoffman: Were there any landscape requirements?
Warrick: Her plat review requirements will stand.
Rogers: My plat review comments will stand. We still need an access easement between
83 and 84 in Pine Valley. There were 2 different areas that we talked about.
Kershaw: I'll have the deed by the 15th.
Rogers: We have the gazebo at Craft Park. Rick's been working with us on that and we
still have to do the ramp and the top of the roof. We're working on the sidewalk this week.
Kershaw. I'll come back and finish as soon as you're done.
Public Comment
None.
MOTION
Odom: I'll move to forward this to the Planning Commission provided they get the cost
estimate and if that does not occur, this will automatically be pulled from the agenda.
Ward: I'll second.
Hoffman: I'll concur.
Meeting adjourned at 10:04 a.m.