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HomeMy WebLinkAbout2003-02-13 - MinutesMINUTES OF A MEETING OF THE SUBDIVISION COMMITTEE A regular meeting of the City of Fayetteville Subdivision Committee was held on Thursday, February 13, 2003 at 8:30 a.m. in Room 111 of the City Administration Building, 113 W. Mountain, Fayetteville, Arkansas. ITEMS CONSIDERED ACTION TAKEN LSP 03-7.00: Lot Split (Kelly, pp 180) Page 2 LSD 03-5.00: Large Scale Development (Shake's, pp 252) Page 4 LSD 03-6.00: Large Scale Development (Superior Industries, pp 682) Page 10 MEMBERS PRESENT Lee Ward Sharon Hoover Don Bunch STAFF PRESENT Kim Hesse Rebecca Turner Connie Edmonston Sara Edwards Matt Casey Renee Thomas Approved Forwarded to Planning Commission Forwarded to Planning Commission MEMBERSABSENT STAFF ABSENT Fire Department Solid Waste Subdivision Committee February 13, 2003 Page 2 LSP 03-7.00: Lot Split (Kelly, pp 180) was submitted by Alan Reid on behalf of Gerald Kelly for property located at 4411 E. Davis. The property is in the Planning Area and contains 3.0 acres. The request is to split into two tracts of 1.50 acres and 1.50 acres. Ward: Welcome to the Thursday, February 13, 2003 meeting. We have three items on our agenda this morning. We will start off with LSP 03-7.00 submitted by Alan Reid on behalf of Gerald Kelly for property located at 4411 E. Davis. The property is in the Planning area and contains 3.00 acres. The request is to split into two tracts of 1.50 acres and 1.50 acres. Sara? Edwards: This is in the Planning area on Gulley Road. The requirement is a dedication of 35' from centerline. Once that is dedicated that takes the overall acreage to 2.10 acres and the split consists of 144 and 1.37 acres. Water is available. Sewer is not available in the County but they have submitted their Arkansas Department of Health permits, which authorize the use of an individual system. We are recommending that this be approved at this level. The only condition is that county approval must be obtained. Ward: Ok, thanks. This is in the county and we don't have to worry about sidewalks or parks fees? Edwards: Right. Ward: Matt, were there any Engineering concerns on this particular lot split? Casey: No Sir. Ward: Is there anyone with the public that would like to talk with us about this particular agenda item? Seeing none, is the applicant here? Henry: I am Greg Henry representing myself, I am trying to buy it. Ward: Ok, you are the purchaser of the property from Mr. Gerald Kelly? Henry: Yes Sir. Ward: I have asked for public comment and hearing none, I will bring it back to the Commission for further discussion. Bunch: Are there any existing structures on either of these lots that are not shown? Henry: No Sir. Bunch: So there are no septic systems that need to be shown. Why are we seeing this one again? Didn't we just look at this not too long ago? Subdivision Committee February 13, 2003 Page 3 Edwards: What we looked at was a 10 acre or 12 acre piece that this 3 acre split was taken off of and now they want to split this 3 acres in half. Bunch: Does that private road have any bearing? Edwards: Not really. It comes up the side of this property but they do have access from Gulley. Bunch: Ok. Ward: Are there any other comments? MOTION: Hoover: I will make a motion that we approve LSP 03-7.00. Bunch: I will second. Ward: I will concur. Thank you. Subdivision Committee February 13, 2003 Page 4 LSD 03-5.00: Large Scale Development (Shake's, pp 252) was submitted by Mel Milholland on behalf of Springdale -Market Place, LLC for property located at 2785-2835 N. College. The property is zoned C-2, Thoroughfare Commercial and contains approximately 1.66 acres with two buildings proposed (6000 sq.ft. & 1038 sq.ft.). Ward: The second item on our agenda this morning is LSD 03-5.00 for Shake's submitted by Mel Milholland on behalf of Springdale Marketplace, LLC for property located at 2785 and 2835 N. College. The property is zoned C-2, and contains approximately 1.66 acres with two buildings proposed, a 6,000 sq.ft. and a 1,038 sq.ft. building. For the benefit of the record go ahead and give us your name and who you represent. Jefcoat: Tom Jefcoat with Mel Milholland Company. Ward: Ok, Sara? Edwards: The proposal is for two buildings, the 6,000 sq.ft. building is their operations center and then the 1,038 sq.ft. building is the restaurant similar to what they have on the site now. What they are doing is expanding to the south. There was an existing gas station there that has been demolished and there is an existing Shake's on this property now. It is surrounded by C-2 zoning and R-2 back to the west. There is existing water and sewer available along College. They are dedicating right of way pursuant to the Master Street Plan, 55' from centerline. Existing canopy is 7,666 sq.ft. and they are preserving all of that. We are recommending that this be forwarded subject to some conditions. 1) Planning Commission determination of a requested waiver for a 12' high retaining wall. The maximum allowable retaining wall is 10' so that is a 2' waiver and we are in support of that request. The other conditions are with regard to signs. There is a proposed monument sign shown along College. The required setback on a monument sign is 10' from the front property line and that will need to move back. 3) No sign shall flash, move, or change colors. 4) Planning Commission determination of compliance with Commercial Design Standards. I do have some elevations of the building. This is the operations center building. The last issue is the signs need a couple of variances. The first variance is they are requesting more than one free standing sign per lot. The second variance is to allow for the roof sign. We are in support of those variances. With regard to the one free standing sign per lot. They are proposing a monument sign up front along College and then a second sign in front of their operations center building. It is this sign which goes back in front of their operations center, kind of a directional sign. The other freestanding signs, we are having to classify some drive-thru clearance signs as freestanding signs as well. They are at the back of the building and they are drive-thru clearance signs because they have the logo. The second sign variance is for a roof sign. That is this sign on the front of the building. The requirement is that a roof sign can not be mounted on a periphet wall or extend above the roofline. The roofline actually is back here and that is clearly above the Subdivision Committee February 13, 2003 Page 5 roofline. We are in support of the sign as proposed. I can go into more detail if you like about that. The sidewalk requirements are a 6' sidewalk and a 10' greenspace along College and then there will not be any parks fees on this because it is commercial. Ward: Ok, thanks. Matt, are there any engineering concerns? Casey: Water and sewer are available. They are requesting the waiver for the retaining wall height. We support that. The retaining wall is at the rear of the lot. By increasing the height they are going to get further away from the existing canopy too, they are going to have to install a safety rail. Ward: You are talking about a wall along the west side of the property? Jefcoat: Part of the wall is part of the building. The variance is for a small section from here to here. Ward: Kim on Landscaping? Hesse: Tom, can you submit a landscape plan for the Planning Commission or at least label the tress that are on here? Jefcoat: Which one do you have? Hesse: The Planning Commission either needs to approve it on this plan or on a separate set of plans. Jefcoat: Ok, we will provide that to them. Ward: Is there anyone with the public that would like to talk about this particular item? Seeing none, I will close it to the public and bring it back to the Committee on this particular Large Scale Development. I guess the first thing we need to talk about is Commercial Design Standards. That is one of the things that we need to approach. Please give us a breakdown of what materials you are using on each building and then we will go from there. Jefcoat: l am not qualified to talk too much about that. Ward: I would suggest that before it comes to the full Planning Commission that we have a sample list of what is going to be required or what is going to be used on the building. Exact colors so we can look. I know you have got some notes there but it is better to bring actual samples. Bunch: Is the existing building going to be removed? Subdivision Committee February 13, 2003 Page 6 Jefcoat: Yes. What they are going to do is they are going to operate in the existing building while they are constructing the new building I believe. It will be for a short period of time, I am not sure exactly how they are going to coordinate that but they have done most of the demolition work already. Hoover: Is this whole site that they have right now? Jefcoat: No. The site that they have right now, you can see the outline of the drive and the building right here. The canopy for the old Citgo station is right here and of course the Subaru parking came all the way over in here so all of this is concrete. Hoover: Is this a big drop-off right here? Jefcoat: Yes, it drops down quite steep along the side of this building and it is fairly steep from this down to that parking lot, 8' maybe at least. Hoover: Sara, is 10' our normal amount of greenspace along College? Edwards: No, it is 15'. That is what they have shown. Hoover: Why are you in support of all of the sign variances? I am confused about how many signs there are now. What do we have out at the street? Edwards: Out at the street there is one monument sign which meets the sign ordinance. Jefcoat: Back here is sort of the identification sign. Hoover: Ok. Jefcoat: I think the drive-thru signs will be a variance. Hoover: So the other ones are on the building? Edwards: Yes. The reason we are in support of this is before they started this whole process, about a year ago, they came in and talked to myself and the past sign administrator and were told that this was not in violation of our sign ordinances. I feel like because they did the research and they did it ahead of time before they even started on this whole project, that it would be fair to be consistent and let them have what they were told they could have at the time. That is why we are in support of this. The next roof sign that comes in, we are not going to be in support of it if it violates the ordinance. Because in this case they did essentially get permission ahead of time, that is why we are in support of it. It does have to go to the Board of Sign Appeals. When it goes to the Planning Commission we would like a support recommendation. Subdivision Committee February 13, 2003 Page 7 Bunch: On the commercial design standards, how do the other Commissioners feel about the painted concrete block for the building so that we can make some comment between now and Planning Commission to have their architect, who is not here, take a look at it? Ward: It is a pretty small building and it is articulated quite a bit with different colors. It is only about a 1,000 sq.ft. building. The project is really renovating what used to be a convenience store or garage, seeing that thing bulldozed down this week was great. What has been there and what is going to be there next is a whole different ballgame so it is going to be a very nice project compared to what we've had. I have no problem with what they have. Are you wanting to do brick on the Shake's building itself? Bunch: It is kind of a rhetorical question to ask because I think our ordinances are fairly specific on concrete blocks. Hoover: It has to be painted, which it meets that. Bunch: I have no objection to it. I just noticed that that was one of the materials and rather than delay a project. I would just rather raise the issue now and have it addressed rather than delay the project by waiting until the full Planning Commission to look at it. Ward: I think it would be very important at Planning Commission to have the architect or contractor who is doing it get a sample of the materials that are going to be used and the colors and so on. A lot of times these artist's renderings are not what we see when the project is finished but this looks like a very nice project. I assume that this will be the corporate headquarters of Shake's? Jefcoat: Yes. This will be the corporate headquarters but typical of a regional headquarters. They are planning to have 300 stores so this is their initial start. Ward: Shake's pretty much already have this same signage on these buildings that they are proposing. It is not like they are going to change dramatically to what is already out there. I think that since the staff is in support of the 12' retaining wall compared to 10'. How long is that area that is a little higher? Jefcoat: It is approximately a little less than 35'. Bunch: Are the existing tanks to be removed? Jefcoat: Yes, there is a note on the bottom. In fact, they are probably being moved as we speak. Bunch: I guess that all the EPA regulations will be satisfied with the removal? Subdivision Committee February 13, 2003 Page 8 Jefcoat: Yes, they have to be moved by a certified tank remover and inspected. Bunch: I just wanted to have that on the record that the procedures are being followed. Jefcoat: All existing tanks would be certified with the EPA and any removal would have to be done. Hoover: I have a question about the outdoor dining patio. They haven't submitted any structures for this or handrails or anything like that so we aren't expecting to see any other vertical objects? Jefcoat: If you will note there is a small retaining wall on this side but it is only 2' tall. Hoover: Is this concrete? Jefcoat: I am sure it is a pattern of some sort but I am not sure what they are proposing for the actual finished surface there. Hoover: Traffic goes to where on here? Jefcoat: This will be the back. Hoover: I just want to be sure that there are no other structures or if there are that we are aware of them. Is this the normal amount of curb cuts that we have and the distances allowable? Edwards: Yes, it is meeting our requirements. Ward: Where are you going to park the 18 wheel trucks bringing supplies? Jefcoat: They will park in this area. We increased that from 18' to 20' so they can park there and also for fire. Edwards: The Fire Chief needs 20', 20' is not our standard for a one way drive but the Fire Chief needs 20' or higher access. Where you see those 20' aisles, those are requested by the Fire Chief. Bunch: On the handicap access for walk in traffic, would that be across the patio or down the driveway? Jefcoat: Across the patio would be more safe. Hoover: We have cross access to the adjacent property owner? Subdivision Committee February 13, 2003 Page 9 Jefcoat: Yes. Ward: Are there any other comments or motions? MOTION: Bunch: I will move that we forward LSD 03-5.00 to the full Planning Commission. Hoover: I will second. Ward: I will concur Thanks Tom. Subdivision Committee February 13, 2003 Page 10 LSD 03-6.00: Large Scale Development (Superior Industries, pp 682) was submitted by Jerry Kelso of Crafton, Tull & Associates on behalf of Superior Industries for property located at 1901 Borick Drive. The property is zoned I-2, General Industrial and contains approximately 43 acres with 544 parking spaces proposed. Ward: The third item on the agenda this morning is LSD 03-6.00 for Superior Industries. It was submitted by Jerry Kelso of Crafton, Tull & Associates on behalf of Superior Industries for property located at 1901 Borick Drive. The property is zoned I-2 and contains approximately 43.99 acres with 544 parking spaces proposed. Kelso: I am Jerry Kelso with Crafton, Tull & Associates, the Engineer on the project. Ingall: I am John Ingall with Conark Builders, the General Contractor. Edwards: What we have here is an expansion of Superior Industries at 1901 Borick Drive. The proposal is for 543 parking spaces. The addition of the 15,795 sq.ft. maintenance buildings and then a 65,416 sq.ft. addition as manufacturing. Right now they do have 724,270 sq.ft. of building and 312 existing parking spaces. The surrounding zoning is Industrial and the land use is as well. Water and sewer are available. At Plat Review before they had their revisions in we were unable to tell them how we felt about the extension of Borick Drive, if we wanted that to be a public street or not. Since then we have met with Administration and we are not interested in the continuation of Borick Drive. The White River is over here to the east. It is just going to dead-end and we are not interested in the extension. However, what we are going to recommend is their property line is right here for the property that they have purchased. We are going to allow them an access easement to build their drive for their truck traffic. They haven't been aware of this except for a call from me yesterday so we might see a little narrower proposal or something just to make it more cost effective for them since they are showing a standard city street right now. Canopy existing is 5,263 sq.ft. as preserved. We are recommending that this be forwarded. They are requesting a waiver for the extension of the sidewalks to be constructed along the frontage of Borick Drive, it is about 1,429 feet in length, at our city accepted cost of $3.00 per square foot that is about $25,000. Right now there are not sidewalks out there. As we said, we don't feel that the traffic will be going straight into the White River, pedestrian or automotive. I didn't see the bicycle parking racks on the plan, there are nine required. Construction may not be done until the access easement is obtained from the City of Fayetteville for their access drive. Ward: Ok, thanks Sara. Matt with Engineering? Casey: I don't have any additional comments. Jerry has done a real good job on this as far as grading and drainage. Subdivision Committee February 13, 2003 Page 11 Ward: Kim? Hesse: Ward: Molina: Everything is fine. I am waiting on a tree analysis report for the Planning Commission but I recommend approval. Thanks. At this time is there anyone from the public that would like to make a comment on this particular item? Across the road there are two farms, two houses, one is a dairy house and one is a two story dutch colonial. The approximate age of these two homes are 75 years old. They were there long before Superior Industries. I am speakin in part for my husband who is at work. He will be at the meeting on the 24` , and I am speaking on behalf of myself as his spouse. I am also speaking for my sister who has the adjoining property a little further down. They own the old home on Black Oak Road. I have a couple of comments to make and a couple of questions. The first question I have is who did they purchase land from? Ward: For the record please give your name. Molina: My name is Martha Molina. Ward: Which place is yours? Molina: The parcel across the street, you can see the two structures clearly on this small map. The two buildings that are right here. I am, as you see, the closest neighbor to Superior Industries. I am a third grade teacher at St. Joseph's Catholic School. My current address where I live, my current address is, 3357 Dead Horse Mountain Road. I am approximately one mile south as a crow flies from Superior Industries. I am speaking as a resident of that address as well. Do you want me to make my comments before my questions are answered? Ward: Sure. Molina: We bought that property in the spring of 1993. Pictures were taken of the entire area since we lived in California, I was originally from Arkansas and we were moving back. We were interested in that land because it joins my brother-in- law's family's land, the Combs property. You are aware that is where the Industrial Park came from for whom Combs Park was named after. I believe there were some conditions when that land was given or sold to the city. When we arrived on the 20`h of July, 1993 Superior had just begun an addition. The addition became quite large and expansive during that fall and was completed early that spring. That was our first introduction to Superior Industries. The addition was quite large, you can see it right on the road when you sit there. You are welcome to sit in my yard anytime and watch the plant anytime of day. As that plant opened the big introduction was about 7:00 a.m. one Sunday morning Subdivision Committee February 13, 2003 Page 12 when they brought in two industrial helicopters to move equipment, without any warning or without any notice to the neighbors. At 7:00 on a Sunday morning two helicopters arrived, it might have been a Saturday morning but I think it was a Sunday morning. It was a weekend because I am a teacher. When you hear two industrial helicopters, that's what it took to get equipment into that building, what a rude awakening. That was the beginning. From that point on our ceilings have dropped and fallen. We were immediately ready to move. We began looking for property that following year. By the next summer we were looking for property. The smoke was so thick on Sunday morning when they do their burnout that you could not breathe, nauseous fumes. I asked someone that attends my church that works for Superior, I said "Gosh, what do you all do every Sunday morning that is creating that black smoke?" He said "That's the burn out, that is how they clean out the pits." It is obvious to me that we are aware that they are doing that. I wonder if the EPA is also aware. I don't know how the City of Fayetteville feels about acid rain but I feel that it can be a serious problem in our area. On down other things have happened including a trench that was built on the property of a woman that was dying of cancer without any prior permission. During that trench digging without any permission I am sure that they didn't notify the phone company because they certainly didn't inquire into where the lines were because they dug through all the lines and every phone past that place was cut off. Once again, total lack of respect for the neighbors. Even though we live in the country we are still your neighbors, not very happy neighbors at that. Right now our major problem is a few things. First of all, I'm a mile away and the trees in my front yard, we bought a beautiful Norwegian pine when we first moved in to plant there. We planted it our first Christmas. It was to give a much nicer appearance in our yard. I think you can still see where we had to cut that tree down. It grew for a couple of months. As soon as they opened that Sunday morning it died immediately. That was a $40 tree, that is one thing. The rest of the big trees on our farm are dying. It is amazing. The noise, I live a mile away, the noise at our house at night is so loud that it wakes me with the windows shut. When it wakes me, last week as a matter of fact, it woke me up and I stood up and my bedroom window faces north as does my living room window. At 2:00 in the morning as I looked there was a blood red glow across the sky. It was redder than usual, maybe from the reflection of the snow, but it compelled me to go down and see if my neighbor's house was on fire. I was really panicked because it had never been quite so bright. Perhaps I hadn't woke up at that time to look out when it was snowing before. On any given night you are welcome to look, they may change it after today, but any other night you could look at about 2:00 every morning, between 1:00 and 2:00 Superior rolls up the doors of their factory, not only to release emissions because there is no way to keep those fumes inside, but I guess to let the heat out, to cool it off. The sky is so bright each night that I can walk through my house without any lights on and there is total light. I live a mile away. My sister who lives less than that away, is worse. Our property is un - rentable that is next to it. I can't keep ceilings in that house. We have replaced plaster after plaster. My husband went two weeks to buy sheetrock. He just Subdivision Committee February 13, 2003 Page 13 hasn't had an opportunity to work on it with the snow. We are ready to do more sheetrock on the ceiling for like the third time we are having to replace ceilings upstairs and downstairs, which brings me to an interesting fact. The noise, there is a constant rumble. Anyone who lives in that area south of town, they know there is a constant rumble. That constant rumble recently has gotten to the point that over the weekend I asked for Farmer's Insurance, I asked an insurance adjuster to come in and tell me what could be causing this. In the past six months every ceiling in my house has fractured. My house is 45 years old, it is on a concrete slab. It is not settling. There is vibration, either through the ground or through the sky. My insurance company has assured me that they are willing to pay for an engineer to investigate and find out if that vibration is coming from Superior because there is a good chance that it is. If it is affecting my home I am quite certain it is affecting other people's home. I drove around last night and asked several of my neighbors. One neighbor who bought Dennis Ledbetter's house, I believe he was the Fire Chief for a while, they bought his house less than six months ago. They told me last night that they will be here on the 24th. They would've been here but they didn't get a letter because no one else in the area, including people who own property on the west side of the river, who's property adjoins didn't receive a letter. I seem to be the only one. Suzy Nell am who's property adjoins right across is another very close neighbor because where my property line ends hers picks up. She didn't receive a letter either. It is just so funny that you selectively chose me. We maintain a house, we maintain the yard, we maintain the ditch area, we put up with accidents, we put up with the city moving the city limits sign, that city limits sign has moved several times since we've owned that property. The city line goes across my property. The thing is I am just shocked that you would consider letting them in that small space add on more without investigating further the damages that are already being done to the environment, what their plan is to increase their emission controls, their plan to increase a warning system in the event of a serious accident. The things that have happened in the industrial park before, when cyanide was found, we were the last ones to know. We were living in that house, my son has lived in that house. Renting it to other people, that is impossible, who wants to live so close to noise? I own a piece of property that I pay taxes on, it is appraised at $91,000, what do you think I am going to get out of it with Superior? It is just not fair. They want a waiver from the tree ordinance. The tree ordinance was put there for a purpose. It was put there for the City of Fayetteville. The things are one of a very few things that can protect our environment against pollution, against noise pollution. I suggest you really look at this project before you just slide it across. There are a lot of us who are raising children and who care about our property. Ward: Thank you. Is there anyone else? Hall: My concern that I didn't hear touched on, I go along with everything she says. We live on he other side of the river from Superior so we have to listen to it all the time. We see a lot of emissions coming out of it too. It looks like, and of Subdivision Committee February 13, 2003 Page 14 Ward: Hall: Ward: course my family and I didn't hear about this until yesterday, but it looks like this expansion goes into the area towards the river. Is that going to require filling? They are just right on the edge of the floodplain as it is. If so, has anybody looked at the consequences of the drainage in the floodplain area? Ok, for the benefit of the record, what is your name? Terry Hall. We might be directly affected by it because our farm is directly across the river from Superior. Is there anything that you would like to respond to? Most of the stuff there doesn't really have anything to do with this particular project so we are not going to be involved in most of this. There are a lot of other agencies such as the EPA, and all that kind of stuff that we are definitely not involved in. This is strictly a Large Scale Development in the Industrial Park. This property is already zoned I- 2. Emission standards and things don't come from our Planning Commission. Is there anything that you would address that would have anything to do with us? Edwards: This was part of city owned property that the city sold them for their expansion. I can tell you that. Molina: Recently? Edwards: Yes, it was recently. We did a lot split. Hall: Is that all the property on this map here? Edwards: No, it is just a little piece to the west of their existing site. In relation to their existing site, it is this little strip right here. This little part of their existing site and this is an existing city lot. Molina: To the west or the east? Edwards: I'm sorry, it is to the east. Molina: Are they going to be changing the floodplain? Edwards: They are not in it by much. Kelso: It is right here, basically where the detention pond is going to be. There is not much going on there, it is just the detention pond in the floodplain. Hoover: Matt, we allow detention ponds in the floodplain? Subdivision Committee February 13, 2003 Page 15 Edwards: The Arkansas Department of Environmental Quality permits the emission of smoke. It would take us a long time but if the Planning Commission desires we can check their permits. I am sure they have all of those, I would be surprised if they didn't. Hoover: I think on Hanna's we checked their permits and had a report on that. Edwards: I don't think that that is something that we could have done by Planning Commission. On Hannas it took quite a while to get all that information together but that is something that we can do. Molina: Is there a way the city can check with seismic type monitoring to check what the vibration of the ground is? Edwards: Not that I'm aware of, we don't have that extensive equipment. Hall: The air vibrations? Edwards: Not that I'm aware of, I don't know if any State of Arkansas agency does that either. Molina: Can we conclude that you are going to approve this Large Scale? Ward: Sure, definitely. Hoover: I guess if we want to get the EPA information, do you think you can have that by Planning Commission? Edwards: I don't know. I personally didn't deal with Hannas last time but I can look into it. You know Superior probably has copies of all of that as well. Kelso: I can check. Hoover: I just think that we should approach it equally as we did the other businesses in the Industrial Park. Edwards: Staff wasn't really aware of any complaints regarding Superior until today. Whereas, the other one we were aware of complaints. Molina: Was that property advertised for sell? Edwards: I don't know the details. I think they may have approached the city and asked to buy it. Molina: Right, so it was not on the market. Subdivision Committee February 13, 2003 Page 16 Hall: Can anyone address if there is going to be filling going on for that part that the city sold to Superior? Kelso: We will be building a parking lot over here. The area that is in the floodplain will be dug out for a detention pond. That detention pond is what will be used to control the increased runoff due to the parking lot. That is how we are controlling our drainage. Hall: What about the big floods coming through there? Casey: The majority of the fill will be outside of the floodplain. Hall: Is there going to be a levy going around the parking lot? Casey: Here is their proposed parking lot and here is Borick Drive as it comes in. This shaded line right here is the floodplain. The driveway and the detention pond that they are going to dig out, this area will be filled and that is outside the floodplain. Hall: The floodplain is over here? Edwards: It kind of runs around. Hall: Which floodplain is that? Casey: That is the 100 -year floodplain. Molina: How deep is this going to be? I don't know if you have ever been out there but the water comes all the way up to the road on the Combs' property all the way up to the road. Many times it is right up level. Kelso: Is that up Black Oak Road? Molina: Yes, as you continue out. Before you get to the river that water in that field to your left, that fills completely up with water up to the road. Kelso: We are filling outside the floodplain, this area here. This area of the floodplain. Molina: That amount of concrete that you are building over here for the buildings, that water has to go somewhere. How deep is it? Kelso: It is about 6'. Molina: My pool is 6' deep. Subdivision Committee February 13, 2003 Page 17 Hall: It just is going to backup and then it can't take any runoff. This is in the floodplain so that will be under water. Casey: This is only designed to hold the 100 -year flood. Hall: It is all flooding now. Casey: It should reach the banks about the same point that the rest of this goes under water anyway so at that point it won't have any effect. Molina: You might want to really readjust and look at how the floodplain has changed. Just the building of that convenience store and the build up of the land at the end of Crossover and Hwy. 16 at that corner, it has totally changed the amount of flood water we get on Dead Horse Mountain Road and on Black Oak, it has totally backed that up. You are welcome to come down and look at it. That is where they send the news teams right now as soon as water hits. They send them standing on Black Oak Road beside the golf course. Come and look because the amount of concrete and the amount of earth removal and repositioning has totally changed the amount of land that we have with the flows. I know on the 24th, this may be something else to think about, there are going to be a lot of people asking about the floodplain. The Olivers are concerned, Leon Church is concerned. I know the rest of the Hall family is concerned. All of that land, the water is getting higher and higher, they lose their hay crops. They raise cattle, they need those crops. Sir, what is your name? Ward: I am Mr. Ward, this is Mr. Bunch, and Ms. Hoover. Molina: Thank you. Hoover: What is the rack maintenance building? Ingall: It is just a maintenance building. I am not sure exactly what they do in that building. Bunch: Are there three structures or four structures proposed? Kelso: There is a new building here, a new building here and a new building right here and then over there. Bunch: There are four new structures? Kelso: Yes Sir. Bunch: What is the purpose of the truck washing area by the detention pond? Subdivision Committee February 13, 2003 Page 18 Ingall: It is just a parking area. Bunch: That little loop by the detention pond, is that a truck cleanout area? Kelso: It is just to give them somewhere to park. They have a terrible parking problem out there and they have got to have some place to park the trucks. Ingall: Currently they have trucks parking on Borick Drive that causes safety problems for everyone. That is a turn around and an area for them to wait until they can get to a loading dock or unloading. Bunch: Ok. It is hard to tell what is paved and what is not. Kelso: Everything is paved pretty much on the site. This area right here is not paved and that is what we are paving and that is why we have a new detention pond here to take care of that pavement. Hoover: I am wondering, does this business discharge water into the river? Kelso: Everything flows that way, yes. Hoover: 1 mean from their process. Kelso: I am sure it goes into sanitary sewer. Ingall: I can't tell for sure. They are not a large water usage in comparison to a typical industrial size plant of this nature. Bunch: For a casting type operation I would assume that they would use recirculated mill water, what they lose to evaporation to have make up water. Ward: Do you all have any other comments before I close it to the public? Ok, I will close it to the public and I will bring it back to our Commission. Sara, I think we have enough information to go ahead and at least know what some of the questions will be when it does come to the full Planning Commission. We appreciate you all bringing up some of the concerns. A lot of the things that you have brought up really have nothing to do with this Large Scale Development. It is not part of what we have any authority over. Are there any other comments? Bunch: In that respect, I think it would be quite beneficial if the applicant were to accompany you to the meeting and have in their procession EPA certificates and regulations under which they operate as well as Arkansas Department of Environmental Quality since it is a public meeting and there are considerable public concerns I think that would go a long ways in satisfying many of those concerns or to at least let people know which regulatory bodies are in charge of Subdivision Committee February 13, 2003 Page 19 those things. It comes up in front of us, we are not the body that does it but sometimes we are the focal point and the interest is generated when something happens that we see so if they would have the applicants bring those types of things and maybe some concern about the surface run out because of the casting operation because they are going to have casting oils and that sort of thing just to see what measures are being taken care of on that. Hall: Do you know if this will have to go through the Army Corp. of Engineers since it is so close to the river there? Edwards: They have jurisdiction channels, they don't require any permits within the floodplain itself. If there is discharge. Casey: They get involved when there is work done in the floodway and this is just the floodplain. Bunch: As far as noise is concerned, some of that would be addressed with the Fayetteville noise ordinance. This is an industrial operation. It is adjacent to rural activities so the noise would seem greater than it would seem from the city side because your background level is considerably lower, particularly at night. That is an enforcement problem that is enforceable by the police department in Fayetteville. They have the sound testing equipment. Molina: If I stand on my property on the city side and they are registering high they would be in violation? Bunch: There are industrial standards and those industrial standards also include, I am speaking out of memory, don't quote me directly on it, there is a change if you read from an adjacent zoning area that is of a different zoning so the ordinance does accommodate different type zonings. If you are on Industrial property or if you are on Commercial property. Is your property inside the city limits? Molina: Part of my property is inside the city limits and part of it is on the outside. Bunch: Do you know off hand how it is zoned the part that is inside the city limits? Molina: I think it is A-1. I know that there are things that I can't do on my property. I am a teacher, I have a Masters in Special Education. I can't open a facility there with children, where children are involved because of the hazards. I am limited. I invited the woman that is in charge of all daycares in Northwest Arkansas to come and see if it would qualify for the laws and I was told no. Hoover: My only comment is Sara, if you wouldn't mind reviewing what was told before to see that we are treating everyone equitable here. Subdivision Committee February 13, 2003 Page 20 Ward: Are there any motions or other comments? Hoover: How should we handle this if they can't get all the EPA information together by Monday? Bunch: They have a whole week and a half to generate all of that. Ward: Even after they have it I'm not sure what bearing it has on this. Bunch: If we have that information available people will know who the proper regulatory authority is. There is no way we can handle all of that. We are really not qualified to and it is not really in our mission but we can direct people and make sure that that information is made available. Hoover: Sara, on the trees, I know even in an industrial park we require trees along the street and this is kind of confusing where the street would be. Edwards: They designed this as if Borick Drive was extended. What we are recommending is instead of a public street extension is that they build themselves a private drive on city property. In that case I encourage them to keep the trees but they are not going to be the right of trees required. The same with the sidewalk, it is not going to be required. However, I can look along Borick and see what they have there. I need to take a look and see if they have any trees out there now or if they will be required with the expansion. Hoover: I guess I am thinking about the part that is actually on Black Oak Road here which is I guess in the county. Molina: The city limits sign has been moved to in front. Originally, if you look at where the pavement ends there is actually the city because the line actually comes across that across my front yard. If you look at where the pavement ends that is where Superior is. They have no trees or sound barriers. Hoover: There is no screening there right now, it seems pretty visible from the road. I don't know if there are some tradeoffs. It is just that I feel like if Hannas had to build that sidewalk all the way down Armstrong I guess I question why they don't have to do any sidewalk anywhere. I don't know that this Borick is the right place to do it but maybe there is someplace else to do it. Bunch: My question I had on the sidewalk also was I didn't quite understand what Sara said, is that to eliminate the requirement all together or take money in lieu or put it somewhere else? Kelso: It was our intent to eliminate it all together since this street will never be extended. Once we found that out then obviously we are not required to put Subdivision Committee February 13, 2003 Page 21 sidewalk along there since that is not a public street so therefore, why would we need sidewalk along here if it is not going anywhere. That was our reasoning behind that. Again, that is what we are asking for. Bunch: I am kind of with Sharon, as a trade off for that waiver of the sidewalk possibly some screening on the south side. I have spent quite a bit of time on the hill up above that behind the Combs' property and during the daytime above the sound of the industry you can actually hear the model airplanes over by the river. Molina: From my house you can hear the model airplanes but at my property on Black Oak all you can hear is the roar, the roar. Kelso: The only part of this that touches Black Oak is just this little section right here. I think that they would be willing to do that as a tradeoff with the sidewalks. I can also point out too that the existing canopy on this site, with this expansion we are preserving all of that. I just wanted to make that point. The only canopy is right here in the back. That is all that is there, the rest of it is just a field. Hoover: I still am undecided on the sidewalk or money in lieu and think that needs more discussion at the full Planning Commission. Bunch: The question there being that there is nothing really to generate foot traffic. Hoover: Except that along Armstrong I see people walking up and down there at lunch time, I thought that if we did money in lieu of it would go into the fund for the quadrant of the city or the other part I was thinking of is there a trail somewhere close to this area that it contributes to that or something. Bunch: That is a very good point to put it into money in lieu and put it into the quadrant. I move that we forward LSD 03-6.00 to the full Planning Commission and hopefully by that time the applicant will be able to produce some of these documents that will help either elate or redirect the concerns of the public. Hoover: I will second. Ward: I will concur. Thank you, at this time I will adjourn the Subdivision Committee.