HomeMy WebLinkAbout2004-08-13 - MinutesMINUTES OF A MEETING OF THE
SUBDIVISION COMMITTEE
A regular meeting of the Subdivision Committee was held on Friday, August 13, 2004 at
8:30 a.m. in room 219 of the City Administration Building, 113 W. Mountain,
Fayetteville, Arkansas.
ACTION TAKEN
LSP 04-1155: (MOORE) Approved
Page 2
PPL 04-1141: (SCHLEGEL SUBDIVISION) Forwarded
Page 4
PPL 04-1148: (PIPERS GLEN SUBDIVISION) Forwarded
Page 8
PPL 04-1161: (PEMBRIDGE SUBDIVISION PH. 1) Forwarded
Page 23
PPL 04-1127: (SLOAN ESTATES) Tabled
Page 31
LSD 04-1149: (ELDER CONDOMINIUMS) Forwarded
Page 41
PZD 04-1154: (CLIFFSIDE PZD) Tabled
Page 47
PZD 04-1159: (BEACON FLATS) Forwarded
Page 50
MEMBERS ABSENT
Jill Anthes
Christian Vaught (left early)
Loren Shackelford
STAFF PRESENT STAFF ABSENT
Jeremy Pate
Renee Thomas
Suzanne Morgan
Rebecca Ohman
Dawn Warrick
Mau Casey
Subdivision Committee
August 13, 2004
Page 2
LSP 04-1155: Lot Split (MOORE): Submitted by KELLY ANGLEN MOORE for
property located at 1548 TERRY. The property is zoned RSF-4, SINGLE FAMILY - 4
UNITS/ACRE and contains approximately 0.51 acres. The request is to split the subject
property into two tracts of 0.28 and 0.23 acres respectively.
Anthes: Welcome to the Subdivision Committee meeting for August 13, 2004.
The applicant for item number one doesn't seem to be here. We are going
to start with item two. Item one will be moved to the end of the agenda. I
do want to say if anyone is here to speak on item seven, the Planned
Zoning District for Cliffside PZD, that item is tabled and we will be
hearing it at our next meeting. If you are here for that item that will not be
discussed today. We will start with item two, LSP 04-1155 for Moore.
Will the applicant come forward please? Jeremy, can we hear a Lot Split
without the applicant?
Pate: It is up to the Committee. If you think that it is a straight forward Lot
Split you could hear it.
Anthes: Ok, we are going to hear the staff report on that.
Morgan: The applicant requests approval of a Lot Split for the subject property. It
is a .51 acre tract, Lot 5 of the Creekwood Hills subdivision. The
applicant is requesting a tract split to create a .28 and .23 acre tract. The
site currently contains a single family home and the applicant is requesting
to split this tract in order to create a new lot for a single family home.
Water and sewer lines are accessible to the proposed lots and currently
serve the existing home. The Creekwood Hills subdivision was platted
with a 40' right of way from centerline of Old Wire Road and a 30' right
of way from the centerline of Township Road. The Master Street Plan
requires an additional 5' for each right of way. Dedication of additional
right of way is not necessary at this time. The lots do not impact the
existing street intersection which is built to the full extent. The existing
structure is also located within the Master Street Plan right of way and any
requirement for additional right of way dedication would require the
property owner to request approval from the City Council for a lesser
dedication. Therefore, staff does not recommend right of way dedication
at this time. The applicant is also proposing with this Lot Split an access
easement over the existing driveway in order to allow access to each
property from Terry Drive. The Final Plat states that Lot 5 shall not have
access to Old Wire Road or Township Road except for the life of the
existing home. This home, however, is currently accessed off of Terry
Drive. Surrounding land use and zoning consists of single family homes
in a RSF-4 zoning district. Staff recommends approval of LSP 04-1155 at
the Subdivision Committee level with five conditions. The plat shall be
revised to show a 25' utility easement from the property line along Old
Wire Road and Township Road as shown on the Final Plat. No new
Subdivision Committee
August 13, 2004
Page 3
easement may be dedicated through the existing structure. Access to both
lots 5A and 5B shall be limited to Terry Drive and the plat shall be revised
to scale at a standard engineering scale prior to filing with two standard
conditions of approval.
Anthes: Thank you Suzanne. Do we have other staff reports?
Ohman: Parks fees in the amount of $555 will be due as part of this approval.
Anthes: Would any member of the public like to address this LSP 04-1155?
Seeing none, I will bring it back to the Commissioners for discussion,
comments or questions. Staff, can you just review when we have an
existing structure in the street right of way how the conditions are written
so if anything happens to that structure what happens in the future?
Morgan: The current structure is located within not existing right of way, but within
the Master Street Plan right of way. It is located within existing setbacks
and it is considered non -conforming. There are certain restrictions and
limits placed on the increase of the size of that home as well as if it is
damaged to more than 50% of it's replacement cost. It will not be able to
be rebuilt in that location. It will have to conform. There is enough area
on this proposed tract to provide for a new home that is conforming.
Anthes: The tract B lot that will have a shared access easement off of Terry Drive?
Morgan: Yes.
Vaught: On the utility easement, we are not asking for a dedication, it is a utility
easement that is already there?
Morgan: There is a utility easement currently on the north of this property. It is 25'
and it is located from the existing property line to the north 25' to the
south. This plat shows it located 25' from the Master Street Plan right of
way which is not accurate according to the Final Plat.
MOTION:
Shackelford: I will make a motion that we approve LSP 04-1155 subject to all five
conditions of approval.
Vaught: I will second.
Anthes: I will concur.
Subdivision Committee
August 13, 2004
Page 4
PPL 04-1141: Preliminary Plat (SCHLEGEL SUBDIVISION): Submitted by MEL
MILHOLLAND for property located at THE SW CORNER OF DEANE SOLOMON
AND SALEM. The property is zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and
contains approximately 33.41 acres. The request is to approve a residential subdivision
with 173 single family lots proposed.
Anthes: The applicants for item one are here. Normally if we skip something we
move it to the end of the agenda but since this is old business we will go
ahead and hear that item now. Will the applicants for PPL 04-1141
Schlegel please come forward?
Jefcoat: Good morning.
Pate: This item is old business. We saw this at the last Subdivision Committee.
The subject property is 73.39 acres of vacant property located west of
Deane Solomon Road and south of West Salem Road. There are
approximately 173 single family lots proposed for the subdivision planned
here. At this time obviously, we have a couple of different site plans. I
would like to kind of go through an explanation of that. I have numbered
mine. Site plan number one that I'm referring to is the original site plan
that was tabled at the last Subdivision Committee meeting. That does
have a 4.10 acre park. Site plan number two was submitted for this
Subdivision Committee review to get on the agenda. It does have a 4.40
acre park. Of course, the applicant has submitted another site plan this
morning. At this time the applicant did submit the two site plans for
Subdivision Committee review. The first site plan, as I mentioned, was
the plan reviewed at the last Subdivision Committee meeting and that was
tabled. The original proposal was for a 173 lot subdivision with access
from West Salem Road. A stub out was proposed to the west and to the
east as well as a connection to the south currently under construction as
part of Crystal Springs III subdivision. Since that meeting the applicant
has had ongoing meetings with various levels of staff and divisions to
determine a suitable solution to the issues of concern we discussed at the
last Subdivision Committee meeting. That is primarily the existence of a
collector street on the Master Street Plan running east and west and the
best suitable location of the neighborhood park in this area. The second
proposal that I mentioned, site plan number two, is for 176 lots with
similar access points. However, the second plan indicates an east/west
collector street, Gypsum Drive, as shown on the Master Street Plan
together with the redesigned roundabout and adjusted parkland location to
meet the initial Parks and Recreation Board recommendations. It is staff's
understanding and obviously, as presented now, the developer has
prepared a third site plan for the Subdivision Committee review and
subsequent action. Elements of this latest site plan reflect the latest Parks
and Recreation Board meeting and recommendation to work with the
developer in developing a smaller park at the cost of the developer. The
Subdivision Committee
August 13, 2004
Page S
applicant indicates this site plan does contain a street designated as a
collector street with 70' right of way stubbing out to the west for future
connections as well as a recommendation by the Parks and Recreation
Board. I will let Rebecca with Parks go over that recommendation if she
would. There was an initial meeting earlier this year and then there was
another meeting August 10`h, 2004 to discuss with the applicant the issues
of the park.
Ohman: The applicant brought forward this design with a collector street to the
south of the park with parkland of 3.26 acres. All improvements shall take
the place of the money in lieu of requirement to the maximum necessary
to improve the neighborhood park to the standards of the City of
Fayetteville. This cost may exceed the remaining money in lieu money.
All improvements shall be completed within one year after issuance of the
Final Plat. Because there is a change in this and because this is a major
development with over 40 acres or 100 units and the recommendation is a
combination of money and land, this will have to go to City Council and it
is slated for the September 7`h City Council meeting. Very quickly, if
there are 176 single family units and they are dedicating 3.26 acres for a
park the money in lieu fees will be somewhere around $27,000.
Obviously, improvements to a neighborhood park will exceed that amount
significantly so the city feels like we are getting a bargain in this respect.
Pate: Staff is recommending that this collector street right of way be dedicated
as per our initial recommendation, and that the primary east/west street be
constructed in keeping with the Master Street Plan. The applicant has
prepared several alternatives. Meeting with various levels of city staff and
divisions requests Planning Commission consideration of the newly
submitted street alignment as meeting the intent of the Master Street Plan.
Staff is recommending that this Preliminary Plat be forwarded to the full
Planning Commission with fourteen conditions. I will go over a couple of
those for you. 1) Planning Commission determination of the Master
Street Plan compliance with regard to Gypsum Drive, an east/west
collector street. 2) Planning Commission determination of parkland
dedication. The language there should reflect just what Rebecca went
over. Items three through fourteen were on the last staff report and are
just reflected from those comments.
Anthes: Thank you Jeremy. Matt?
Casey: I would like to remind the committee that I still have some concerns
regarding the drainage located within the streets and where the curbs are
located. I will work with you on the design of the planters.
Hoskins: Are you ok with us doing the planters as long as we work with you to get
the logistics of it?
Subdivision Committee
August 13, 2004
Page 6
Casey: If we can get a proper design configuration then I would be ok with that.
Hoskins: Ok, so you are ok with the planters as long as the design is there?
Casey: Correct. We have to look at fire truck access as well as the traffic patterns
around those curves where those are located at. Also, the ability of on
street parking in that area.
Anthes: Matt, they have reconfigured the roundabout, does that meet your
requirements?
Casey: It appears to and we will get more information in the construction phase
with this design. I'm much more comfortable with this layout than the
previously submitted ones. I did notice that around the parkland they are
not showing the sidewalks anymore. That is a requirement that each street
has the sidewalks located.
Hoskins: We are solely responsible for building the entire park with this new deal.
Warrick: Sidewalks will be within the public right of way and street construction,
they just need to be shown on the plan.
Anthes: Are there any other comments from staff? Would any member of the
public like to address PPL 04-1141? If so, please come forward. Seeing
none, I will bring it back to the Commissioners for comments. I don't
believe either Loren or Christian were here at the last Subdivision
Committee meeting when we looked at this the first time. I would like to
thank the applicants for your redesign on this. I think that we have got a
much stronger project that looks great. We had some really good things
already and I think that we are to the point, I noticed on your second one
we had some backyards on here and the way this is reconfigured is really
nice. I appreciate the work that you have done and I really appreciate your
look again at the Master Street Plan and these connections. This looks
extremely favorable to me. Are there any comments?
Vaught: Wasn't there going to be a stub out or is it improved all the way to Deane
Solomon?
Jefcoat It is a stub out right now with the improvements coming forward when
Collins Haynes comes forward with his development, which should be
soon.
Shackelford: I concur with what you are saying. Although I didn't see this the first time,
I did go back and read the minutes and it looks like the new conditions of
approval, number one and two, have addressed what we talked about last
Subdivision Committee
August 13, 2004
Page 7
time. I am going to make a motion that we forward PPL 04-1141 to the
full Planning Commission.
Vaught: I second.
Anthes: I will concur. If you would, just before that time make sure we get the
sidewalks included around the park. We will see you at Planning
Commission. Thanks.
Subdivision Committee
August 13, 2004
Page 8
PPL 04-1148: Preliminary Plat (PIPERS GLEN SUBDIVISION): Submitted by
DAVE JORGENSEN for property located at THE EASTERN BOUNDARY OF THE
BARRINGTON PARK SUBDIVISION. The property is in the Planning Area and
contains approximately 10.49 acres. The request is to approve the preliminary plat for a
residential subdivision with 9 single family lots proposed.
Anthes: The next item of business is PPL 04-1148, Pipers Glen subdivision. Will
the applicant come forward?
Pate: The subject item, Pipers Glen subdivision, is a nine lot subdivision located
to the east of Barrington Park subdivision south of Fox Hunter Road. It is
located within the Planning Area outside the city limits. It is adjacent to
the city limits on the west along the Barrington Park subdivision. To the
east is Fox Hunter Estates subdivision. To the north and south are
properties that are residential and agricultural in nature. This property
contains 10.49 acres and is proposed to be subdivided into nine single
family lots, each lot being approximately one acre in size. Access to the
subject parcel is proposed from a stub out constructed with the Barrington
Park subdivision to the west. I have included a portion of the minutes
from the City Council meeting on the Barrington Park subdivision. There
was an appeal of the Preliminary Plat when the Barrington Park
subdivision went through in 1994. One of the conditions on the resolution
the City Council placed on this property to Mr. David Wilson's property,
the current developer, was the inclusion of this stub out for future
connections to this property. Access to eight lots are proposed from the
extension of Caston Drive. That extension will occur, as shown on the
plat, from the existing stub outs. Lot 9 to the north is proposed to retain an
access to Fox Hunter Road. It has approximately 27.29 feet of access
along Fox Hunter Road there. The City of Fayetteville property shown is
part of a park system in that area. I believe it is formerly known as Red
Woof park. The proposed access from Lot 9 is from Fox Hunter Road
with the remaining eight being from Caston Drive. The applicant does
request a waiver for that particular lot because it does not have 75' of
frontage and is located within the Planning Area which requires 75'. It
only has 27.29'. That particular lot is larger than the others, being 2.07
acres and it does obviously, have existing structures and water and sewer
lines across the lot. The developer will be required to extend the water to
serve Lots 1 and 7. Septic system approvals have been granted for Lots 1
through 7 by the Washington County Health Department. Street
improvements include a 28' wide street with curb, gutter and sidewalks
along Caston Drive. The applicant is also proposing sidewalks along that
area, which will be required because it is adjacent to the city limits. There
is no additional connectivity proposed with this subdivision, as you can
note to the north to Mr. Johnson's property. The applicants indicated that
portions of that property does have at least a 22% slope in some areas. To
the north is approximately 1 or 2 single family homes there and to the east
Subdivision Committee
August 13, 2004
Page 9
is a developed subdivision, Fox Hunter Estates. We have received
significant public comment. I believe that some of those citizens are here
today regarding this subdivision. At least two letters are attached in the
staff report from residents of the Barrington Park subdivision. Most of the
comments received to date are from residents of Barrington Park
concerned primarily with construction traffic through their neighborhood
as well as access through Barrington Park for the eight lots. The property
owner to the south has also submitted a letter detailing his concerns. Those
are listed as drainage, trash from Barrington Park residents and potential
trash from future Pipers Glen residents. Requests for a fence and greater
setback and access from his property to the north. I've included a little
background there with the City Council resolution for this connectivity.
Staff is recommending forwarding this Preliminary Plat to the full
Planning Commission with 10 conditions. 1) Planning Commission
determination of a waiver request for the creation of a lot in the Planning
area without 75' of frontage. Staff is in favor of this request. Item
number 4) The existing private water service line to the existing structure
on Lot 8 shall be abandoned and a new water service connection be
provided from the public main extension along Caston Drive. 5) Should
the applicant wish to continue public sewer service to the existing
structure on Lot 8 the private sanitary service line shall be abandoned and
a public main extended to the proposed property line. Private service lines
shall not cross private property lines. The remaining conditions are
standard conditions of approval.
Anthes: Thank you Jeremy. Were there other staff reports? Would the applicant
introduce yourselves and your project please?
Jorgensen: I'm Justin Jorgensen and we are representing Pipers Glen for David
Wilson. I have addressed the previous comments and questions that were
raised in plat review. The questions that Mr. Johnson has concerning this
project I will be willing to address. I did go out to the property and look at
it when it was raining. Any of these questions I believe everyone has this
particular letter but I'm not sure if I need to address every single one
specifically.
Anthes: We will go through those item by item after we get comments so if you
will just tell us in general about the plan and then we will take comments
and go over each item.
Jorgensen: Lot 9, the northern most lot will have access from Fox Hunter Road. We
have chosen not to have complete access to the whole subdivision from
there because it is kind of a blind corner. We can have construction access
through this road and that would reduce the construction traffic through
Caston Drive. We will be tying into the rest of the eight lots, which most
of them are close to an acre or more.
Subdivision Committee
August 13, 2004
Page 10
Jorgensen, D.: We can eliminate construction traffic completely through Barrington, just
block it off and it will be a tough situation turning onto Fox Hunter, as you
all probably realize it is a blind corner. If they put flaggers out there all
construction traffic can go through this private drive and we can just block
off all construction traffic completely through Barrington. That will take
care of that part.
Anthes: Would you like to address these items individually as we go forward?
Jorgensen, J: Sure.
Anthes: That being the case, I will open it to the public for comment. Is there
anyone here who would like to speak on PPL 04-1161? Please come up
and sign in on the sign in sheet.
Glass: My name is Arnie Glass. I live in the Barrington Park subdivision. I have
been asked by the residents to come and speak here. Our concerns are
more than just construction traffic. Our subdivision is designed in kind of
a dual circle situation where we have had the opportunity to enjoy mostly
subdivision traffic. Our children are out constantly playing safely. Of
course, children as they do, will not always think safety. I'm concerned
that the additional traffic that is going through is going to add to the
danger, not to mention our streets have had several repairs this year
because they are falling apart in essence. Sewer leaking out onto public
streets. The severe drainage problems on Buckley that has run out onto
the street and sometimes it is sewer waste. Our concern is that any
additional traffic on that street is just going to make it that much worse. I
have with me 91 signed petitions from residents of the subdivision. We
are asking that this be denied and that these petitions be attached to this
project extension. We are also concerned that our subdivision is an active
subdivision, we pay yearly dues for the upkeep of our joint property. We
have spent over $8,200 this year in maintaining the entrance to Barrington
Park including having to redesign what was a fountain because it kept
getting vandalized. We had to put a lot of our personal funds into that.
Our concern is that this new subdivision will not only reap the benefits of
what costs us money every year but that will be adding more traffic and
people who could possibly do more destruction to our property. That is
another legitimate concern of ours. We are also concerned for the safety
vehicles being able to come in and out of that subdivision with the very
small opening that they are proposing even off of Caston. As it is, the
corner there is sloped and not really designed very well for access for
larger vehicles. In addition, we are also concerned about the corners of
Barrington Drive and Fox Hunter Road as well as Starr Road and Madison
Avenue. The traffic on those two entrances and exits, during certain times
of the day it is almost impossible to get in and out. I have, more than
Subdivision Committee
August 13, 2004
Page I1
once, sat in my car for 15 minutes trying to turn onto Hwy. 45 to get my
kids to school. Until those problems are addressed I don't see that
anymore traffic needs to be added. Even to the point of I think that they
probably need to consider a stop light out that far. I said we had drainage
problems over there. We are very concerned that this subdivision will add
to the drainage problems. I am not just talking about the sewage. I'm
talking about runoff and I'm talking about trash that gets flushed down
into the street sewer. Just as of yesterday, I spoke to a plumber who has
come to our subdivision and they have been doing the rotorooter thing in
dozens of houses and this plumber is now convinced that it is because of
the way the drainage was put in that subdivision and has backed out into
the city access and is now no longer being addressed at the houses, it is
back into the city. Trucks coming down the street is going to add to the
problem. In addition, I understand that Fox Hunter Road has a blind curve
and that it would be a more difficult situation to put the entrance and exit
there. However, I believe that perhaps Washington County needs to
address that problem before this subdivision puts an entrance there. If
they would fix the problem off Fox Hunter Road then certainly they could
come back and put in a road there that would address that subdivision's
needs. I would ask at this time that anyone from our subdivision who is
here let themselves be known. People have taken off of work to be here.
They are that concerned with our neighborhood. Thank you.
Anthes: Would any other member of the public like to address this Preliminary
Plat?
McClinton: My name is Cathy McClinton. Barrington Park is all young couples with
very small children. My mother and I live there and I think that we are the
only ones who aren't a young couple with very small children. The
children are out playing in the streets and in the yards all the time.
Collins: I'm Bill Collins, 1736 Hartford. First of all, we are one of the original
builders in the subdivision and we feel, and I think a lot of people here
feel, that Barrington Park is probably one of the best subdivisions in
Fayetteville. It wasn't always like that. When we first built we had some
issues, and incidentally, there has been a very good working relationship
with the City of Fayetteville departments. Initially I know we had issues
with the city waste water treatment plant. Every morning we smelled
something not pleasant and we worked with the city on that. The city
helped us with the developer, Mr. Caston, to enforce some of the things
that were originally in the covenants including the sidewalks. The
subdivision had to come together and pull together a homeowner's
association, which we did, so we could enforce our own covenants on
Phase II. We had to fight the developer about the size of the pool. There
is a very interesting history. Again, there is a great history with the City
of Fayetteville working with us on a lot of these things. There is an
Subdivision Committee
August 13, 2004
Page 12
attachment, I think to some of the people, certainly myself, about this
subdivision and where we have come from and where we are at. The
couple of questions that I have for the city, I remember when we bought
the lot the concept was the accesses were for Barrington to use for our
subdivision to get out. That was originally how it was put to me. I don't
know the legal issues for the access roads and obviously, that's part of
what we are talking about today. The other question I would have, and
again, this has nothing to do with the legalities, but on a precedent
standpoint with Boardwalk or Park Place or Savanna or any of these other
subdivisions, would you want somebody to come in and put a subdivision
on and attach that into their subdivisions. I would be curious to know if
there is precedent or that has happened in the City of Fayetteville. Again,
I am a neighbor and I respect Mr. Wilson's desire to do something with
his property. He has the right to do it and I just hope that he has done
everything that he possibly could to see if there could be an entrance off of
Fox Hunter Road as opposed to using our access for that. That would give
him his own identity as a subdivision. Thanks.
Kessler: Good morning, I'm a resident of Barrington Park as well. I just want to
know maybe about some of the covenants. There is a subdivision down
the way off of Hwy. 45, I think it may be Washington County, right
outside of Ridgemont View Estates that put a bunch of multi -family
homes. I can't imagine that that is very good for the property value and I
just wanted to see if they were going to be one acre lots with single family
homes or what the covenants were.
Morrison, Jr.: My name is Ed Morrison, I'm a resident of Barrington Park also.
Although my children are grown I have three small grandchildren that are
frequently there in and out. As has been pointed out, we have a lot of
children playing. We don't need anymore traffic. There has been a lot of
publicity in the papers lately of other residential sections that now have
too much traffic and what to do about it. It is certainly easier to do to start
with than it is to rectify afterwards. I encourage the committee to decide
not to allow the access through Barrington Park.
Silvestry: Hi, good morning. My name is Pete Silvestry. I am a Barrington Park
resident. We have lived in our home about two years. One of the things
that impressed us as we came to Fayetteville was Barrington Parks' wide
streets and the planning that has occurred. You can see as you move from
east and west in the development you have basic requirements for housing
square footage and requirements and as you go west people have
improved because of good planning. What has recently happened that I
want to address is some real life examples where I think Fayetteville has
been involved. That is the radar guns that are set up. I think they are
called Watch Dogs. They set those up twice on North Hartford Drive.
The reason is that people looking for a quicker way to Starr Road have
Subdivision Committee
August 13, 2004
Page 13
elected to come through there. I know for a fact that people in less than a
block hit 40 miles per hour. We have lost a cat. A cat shouldn't be out but
it happens. If the city has already recognized that they need to put
reminders for people traveling through there to not speed I think if we
open this up to eight more lots, let's just say everybody has two cars so 16
more cars on the street, what happens is that you kind of get sleepy in
Barrington. It is a nice country setting, streets are wide. If you are going
to go from our entrance to the Caston entrance people are just going to
naturally go faster and faster and faster. By the time they get down there
they are going to be at some pretty high speeds. I just want to encourage
you not to consider this option. I'm not saying we shouldn't have the
development, but certainly not through Barrington Park.
Barrett: Good morning, my name is Harry Barrett. I have been a resident of
Arkansas for 18 years and a resident of Barrington Park for 3 'h years. I
was hoping that we were finally finished with construction and the whole
works. Evidently not. I recommend that you not approve this. I've been
in construction for over 50 years and that is absolutely silly. You have to
take down good size trees and I can see a drainage problem right away.
You don't have to look at it very long. I hope you just turn it down.
Nottenkamper:My name is Paul Nottenkamper, I live at 2109 N. Buckley Drive. Every
bit of traffic in this neighborhood goes past my house. I have to be
extremely careful when I back out of my driveway when they are building
through there with the concrete trucks and the delivery trucks. It is just a
bad situation. I'm not against development. I'm just against the eight lots
they are adding into our subdivision. The entrance to our entire
subdivision is already tore up. The street is going to have to be new
blacktopped at some point in time. I don't know if anybody from the city
has gone out and looked at it or not. I talked to Jeremy the other day about
it. I just don't think it is right. I'm not against David Wilson. I know him
and he is a good guy. I do construction too.
Anthes: Would any other member of the public like to address this item?
Garrison: I'm Michael Garrison. I live at 2064 N. Buckley Drive. My only real
concern is that this is practically right through Mr. Collins' backyard. I
would think that he should at least get a fence or something if this does go
through. It is really kind of evasive on him. Also, the house across the
street is close.
Buescher: My name is Wayne Buescher. I'm a Barrington Park resident. I was just
wondering if you open up our neighborhood to this subdivision could they
then stub out that subdivision further up opening us up to much more
traffic than these nine lots. The further out they grow their neighborhood
into the Washington County. Potentially we could have hundreds of cars
Subdivision Committee
August 13, 2004
Page 14
coming to our neighborhood in the future if they ever open that
neighborhood to the Fox Hunter or even more neighborhoods to the north
of that. It may not just be limited to this eight lots in the future. If they
develop this stub out those cars could go through the whole length of our
neighborhood, which is about a half mile that they are cutting through. If
they just go up Fox Hunter it would just be right there. It would be nice if
they could find a way of opening their subdivision through Fox Hunter
and not burdening our neighborhood families. Thank you.
Davidson: I'm James Davidson, also a Barrington Park resident. I want to point out
there are currently over 115 residents in the Barrington Park division.
There are three streets running parallel already in a close environment.
Right now the only access to the subdivision is Fox Hunter and also on
Starr Road, both of which dump onto Hwy. 45. Again, I know it is a
county issue but it was pointed out earlier that sometimes there is a 15 to
20 minute wait. Part of the reason for that is the speed limit is 50 miles
per hour. All of these exits are dumping onto an area with a 50 mile per
hour speed limit. Obviously, that is a recipe for disaster. It was eluded to
that a traffic light might help alleviate that. Any additional traffic would
compound an existing safety issue. Also, as we pointed out, the
Barrington subdivision is a very close knit community. It also has a
community pool. People who pay dues to the property owner's
association use the pool in the center of the neighborhood. Drive thru
traffic again, is an inviting safety concern. Anytime you have a
community pool you have a lot of foot traffic. As much as we would like
to train our children, obviously, they are moving back and forth across the
road. Not only has the speed limit signs been an issue, we recently last
year had a car that exceeded about 50 miles per hour coming down
Barrington Road and actually tipped over after striking a parked car.
There is more than adequate distance and there is a downhill slope, a nice
straight half mite street here. Speed is an ongoing problem for the area. I
think you are inviting a lot of safety issues and compounding existing
problems here. When we bought our home, which we have only been there
about two years, there was about a half an inch worth of covenants
associated with the Barrington Park addition. How that will be addressed
with the new homes I do not know. I signed a document about a half inch
thick with the rules in which we would live by in the neighborhood.
Obviously, those are designed to preserve the property value. How those
will be associated with the new homes I have no clue. We have all
submitted to the conditions of living in the area and my question would be
with these new homes and new homeowners be subjected to the same
conditions.
Anthes: Would anyone else like to speak? Seeing none, I will close it for public
comment and bring it back to the Commissioners for discussion. I think
what we should do is we have a list of the many items and questions that
Subdivision Committee
August 13, 2004
Page 15
the neighborhoods have brought up. Let's start with the easier ones.
Could I ask the applicant what type of homes are proposed here? Are you
going to have subdivision covenants? What do you see the value of these
properties as?
Jorgensen, J: Mr. Wilson thinks about 3,000 sq.ft. of heated space, attached garage, no
carports. Rear or side entrance to garage. All single family. No kennels,
farm animals, breeding animals, etc. Minimal of 80% masonry on the
exterior of building. No cars parked on the street. No campers, RVs,
boats, etc., parked or stored on ground. No metal fences. Masonry
mailboxes. No outbuildings without approval of developer. All front
yards sodded or seeded and landscaped. Roofing material limitations. All
drives poured concrete, no asphalt. This is the general layout for Lots 1
through 8 with the exception of Lot 9, since it is a bigger lot and kind of
has it's own flavor of being attached to Fox Hunter Road. This is just the
preliminary layout of what he thinks. It should be a pretty nice
development. Of course being in the growth area of Fayetteville he will
abide by those standards as well.
Anthes: A question of staff about subdivision covenants when they are required to
be filed and when one subdivision is next to another and they share access
if there is any overriding thing that we can look at there.
Warrick: The covenants are not under the control of the city or the county.
Covenants are civil agreements amongst the individuals who live within a
development. They are generally instigated, developed by the person who
is installing the subdivision or development. They are civil, private
agreements amongst the property owners. As the one gentleman stated, he
signed a half inch document which outlined all of the various covenants
for the Barrington Park subdivision. Those covenants transfer with the title
of the property and homeowners are provided copies of them. They are
enforced by the property owners or the property owner's association
within the developments that they are affecting.
Anthes: Let's go to the issue of drainage, trash and the sewer backups. Matt, can
you speak to any of those issues?
Casey: If there are existing problems with the sanitary sewer system, the streets or
the storm sewer system, then those issues need to be brought to the
attention to either the Transportation Division or our Water and Sewer
Maintenance Division for their evaluation and maintenance. The proposed
subdivision, there was concerns about drainage impact. It is outside the
city limits but because it is adjacent to the city limits, the engineering staff
will be required to review the subdivision for minimum street standards
and storm drainage and grading that is proposed for the subdivision.
Looking at the plat, the drainage from the subdivision will go to the south
Subdivision Committee
August 13, 2004
Page 16
away from the Barrington Park subdivision. I see no immediate concerns
for storm water runoff from this development impacting the existing
neighborhood to the west.
Anthes: Can you speak to that in terms of the property owner to the south?
Casey: To the south there is a drop, if you will, through here along the south of
this property and that is where all the water is going at this time. That is
where the drainage patterns will not be altered. It appears that they are
going to the same place. We will be looking at final drainage design at the
time of construction. On most subdivisions we see at this point with this
being outside the city limits we are not seeing this at this time but at the
time of construction.
Shackelford: Matt, for clarification, the storm water runoff ordinances, do they apply in
this situation since it is adjacent to the city limits?
Casey: Adjacent to the city limits we have authority to apply some of our
ordinances. Normally what we apply are grading and the street
construction.
Shackelford: Thank you.
Anthes: Perhaps the developer or the applicant could talk about how you are going
to handle grading the site.
Jorgensen, D.: As you probably are aware by reading the paper, Arkansas Department of
Environmental Quality has made numerous visits to construction sites here
in the last two to three weeks. They are getting more stringent on storm
water runoff and the impact from erosion. We are being more careful, as
every other contractor and engineer and any other construction site, in the
installation of what we call erosion control measures (silt fences, hay
bails, etc.) For the most part this project really doesn't impact Barrington
because it runs off the south and to the east away from Barrington. There
is a pretty good buffer of trees. The proposed street that stubs out of
Barrington stubs out in a location on Mr. Wilson's property that is a high
point such that the trees that are to the south along with the leafs and the
silt fence and the other erosion control devices are going to at least
minimize any impact from the street construction and the installation of
the street and the water lines. Other than that, there is no other
construction until the houses start. To give you a little more background,
we had the choice of annexing and rezoning, bringing it into the city in
which case we would have like 20 or 25 lots. After much thought and
discussion with the owner, we ended up with this nine lot subdivision and
keeping it in the county with one acre lots. It was his wish to lessen the
impact by the installation of just nine lots instead of maxxing out the deal.
Subdivision Committee
August 13, 2004
Page 17
Also, you may know that David Wilson is one of the quality builders in
this area. If you want a house built that is well built he is the one to do it
and he is very much concerned with environmental issues. He has tried to
be a good neighbor. From what I understand, he has owned the property
for thirty years. It is not like he is coming in here and trying to make
money and move out.
Glass: May I make a comment?
Anthes: I'm sorry, we've closed it to public comment. The next item that I se here
is that we have talked about the sewer line. I know there was an item in
the staff report about that. Can you reiterate about that?
Casey: Currently the house on the property by some previous agreement is
connected to public sewer outside the city limits. I'm not sure the history
on that. In order for that to continue they are going to have to extend the
main to the lot that that goes to. Right now there is a service line shown
across the proposed lot line. City regulations prohibit sanitary sewer
services to cross property lines. Also, the water line would be the same so
we ask that a new tap be made off the proposed Caston Drive extension.
Anthes: Just to be clear, all the lots in this subdivision will be on sanitary sewer
and city water or are septic systems proposed?
Casey: All lots will be on public water. The existing house can remain on public
sewer but through a main extension only. The rest of the lots will be
required to have septic systems.
Anthes: We just had another item come through where there was an acre and a half
minimum lot size I thought for septic systems.
Casey: Any lot less than an acre and a half does submit the initial letter of
approval from the Arkansas Department of Health for septic systems.
Pate: We have those.
Anthes: I think we are down to streets and traffic. My first question is of staff. I
believe that the streets that are running through the Barrington Park
subdivision are indeed city streets. Can we talk about our policy of
connectivity and anything that we have regarding street development and
connecting neighborhoods?
Warrick: The City Council, through our General Plan has adopted a policy of
connectivity and encouraging developments to connect. There are benefits
and drawbacks to having connections between developments. I think we
have heard examples of both of those things this morning. The city sees
Subdivision Committee
August 13, 2004
Page 18
them as more beneficial than negative in that the more means of access
that you have you are able to disburse traffic instead of funneling it into
one specific location. It also encourages vitality and interaction between
developments, which is encouraged and deemed appropriate through the
city's General Plan and our policies with regard to neighborhoods. This
particular development in 1994 there was a specific requirement by our
City Council to provide the access that this project that Pipers Glen is
proposing to connect to. The original proposal for the Barrington Park
project did not have a stub out to the southeast corner. When the project
was appealed one of the specific conditions of approval in order for that
project to be approved at the City Council level was to provide a stub out
for future connectivity to this Wilson property. I think that that is fairly
important because this is directly in response to that. We do have some
mechanisms that the way that the streets are configured within Barrington
is probably not conducive to slowing down traffic. That just happens to be
the way that the developer chose to lay them in. They are straight and
long. The city is bringing on line within the next week or two a traffic
calming program that neighborhoods will be able to submit requests for
solutions to calm and slow down traffic within their developments if the
criteria are met. That is in conjunction with the Engineering and Police
Departments as well as Transportation. That is something that I encourage
any neighborhood who feels that there are traffic problems to avail
themselves of that option. Our Neighborhood Coordinator, Courtney
McDade, in our my office s coordinating that program. It will be available
on the city's website within a couple of weeks. The other thing, with
regard to the speed of traffic, design consists in that to some degree but
people have to be responsible. The Police Department is the enforcement
with regard to traffic slowing and initiatives to enforce speed limits
throughout the city. These are city streets. The city has a policy for
connectivity and we need to look at that whenever we get a new proposal.
It is very appropriate in most situations. There are those instances where
we look at it and see whether or not it is the best thing to do.
Anthes: Another comment that I have about street design is I believe Mr. Silvestri
made a comment about one of the things that he really liked about this
neighborhood is that it had wide streets. The problem is the wider the
street the faster cars move no matter what is posted on that street. The
narrower streets tend to slow cars down. That is something that we all
know. I don't know whether on these streets you are allowing on street
parking or not but I know that I do live in a part of Fayetteville where on
street parking is allowed and we have actively in our neighborhood
association, are getting people to park their cars on the street because it is
dramatically slowing traffic through the neighborhood by allowing that on
street parking. That is something that I would just throw out there for you
all to consider. That is something mechanically that you all can do at any
time that will effectively narrow the width of your streets and will slow
Subdivision Committee
August 13, 2004
Page 19
cars down. Also, you seem to have a very active neighborhood
association and sometimes an educational process about people speeding
through your neighborhood, just notifying your own residents so
everybody is very conscious of the fact that you have children out there
can really help that too. That way you don't have to just say it's the Police
Department enforcing or not enforcing it. There are some things in your
neighborhood that you can do and they have been affective in our
neighborhood and that's why I mentioned it.
Vaught: In regard to the city's policy of connectivity, I understand the concerns of
the neighborhood but the stub outs were put there for a reason. That was
for the connectivity policy. What bothers me more than the Caston
connection is not having an additional connection to Fox Hunter Road
which would allow another connection into the whole development. I
would rather see both. There are also two stub outs to the west and when
developments come through on those sides you will be connected to those
subdivisions and all the way to Starr Road. We don't approve many
neighborhoods that are closed off anymore. We like many connections for
access for cars to disburse the traffic and also for emergency services so if
something happens at one entrance they will have another option to get
into your subdivision, which you guys do not have right now.
Glass: We have Madison to the west.
Shackelford: That is to the west when Phase II was developed. There is a stub out
down here.
Vaught: That will be extended some day. I would rather be see both connections
made. I don't know what the developers have to say to that. The best
option probably, if you are going to have just one connection, is the
Caston connection because the condition of Fox Hunter Road. I would
like to see a second connection to disburse the traffic from this
neighborhood and also give options.
Glass: Can I have just one point of clarification?
Anthes: Sure.
Glass: You are saying Caston in this new subdivision is a city street?
Anthes: Yes.
Glass: So is this new subdivision in the city limits of Fayetteville?
Vaught: It is a city street to the city limits and then it becomes a county road.
Subdivision Committee
August 13, 2004
Page 20
Glass: Caston all through this subdivision is a city street?
Anthes: That is correct.
Pate: In response to the connectivity, that is something that we actually brought
up with the applicant in initial reviews with this. Obviously, this
connection to the west of Caston was stubbed out for that very reason. We
did look at the south. The slopes are really prohibitive. To the east there is
a platted subdivision, Fox Hunter Estates. Obviously, the only other
option was to go north. Currently, the property there shown as the City of
Fayetteville, as I mentioned, is part of the park system. That 27' of
frontage there really doesn't allow for any dedication of right of way or a
street connection through. That is really one of the prohibitive things
about connecting to the north in this area. Additionally, the traffic
generated by eight or nine single family lots is not extensive.
Anthes: One more clarification, normally when we look at a Preliminary Plat
within the city limits we have a different set of criteria of things that we
can look at as a committee. We are limited to the things that we can weigh
when voting on areas outside of the city limits and for your benefit I
would like for staff to review those items.
Warrick: Considerations for properties that are outside the city limits within our
Planning Area include streets, street grading base and paving must be
according to city standards and specifications, curbs and gutters, grading
and storm drainage system and water supply. All lots must have access to
public water. Because we do not extend sanitary sewer outside the city
limits, we require that any lot less than 1.5 acres in size attain a
conditional approval from the County Health Department prior to being
platted so that we can ensure the Health Department can approve a septic
tank for that site. Those are the criteria that we review with regard to
projects within the Planning Area. Those are projects that are specifically
adjoining the city limits. When properties are further from the city in our
Planning Area jurisdiction there are lesser requirements.
Anthes: As far as I understand it, we have four things that we can review. One is
that the septic and lot area size is met or we have a letter. In this case we
do have a letter on file for each of those lots. The second thing we can
review is water supply. These lots will receive city water and that meets
all Engineering standards. The third thing that we can address at this level
is grading and drainage. I believe that our Staff Engineer, Matt Casey, has
discussed the grading and drainage on this property. He has indicated that
we don't have a full plan at this time but at the time of construction he will
do that. That is normal procedure for a county subdivision. The fourth
thing that we can look at is street construction, that has to do with the curb
and gutter, the width and the engineering of that street, is that correct?
Subdivision Committee
August 13, 2004
Page 21
Casey: The sub base for that street also.
Warrick: I think it is appropriate that we look at the connectivity and the
configuration of the street, the lots that are being proposed as well. We do
have the ability to look at that. It is not enumerated in this specific listing
but there are criteria and design standards for residential lots and the street
connections that are appropriate and apply to this subdivision.
Anthes: As far as lot size and configuration this seems to be pretty straight forward
as opposed to other subdivisions we do see in the city.
MOTION:
Shackelford: I guess the only comments I would make, we talked about the four issues
that we can review for county development and those four issues have
been addressed. This project hits somewhat close to home. I built a house
on Buckley Drive and I lived in Barrington Park for a while. I understand
the concerns of the neighbors. It is going to get even more fun because the
next one basically we are going to hear the same argument regarding
Stonewood subdivision, where I currently live. I'm going to get to talk to
most of my neighbors. I feel that as Planning Commissioners our basic
job is to apply and interpret the ordinances that are put in place by the
city's elected officials. One of the directions that we have gotten from the
City Council as Planning Commissioners is to address connectivity on all
development going forward. I think that that is something that we have to
look at in this situation. I understand it does have an impact on the
neighborhood but I think it is a direction that our city's elected officials
have directed us to go with neighborhood development going forward.
This obviously, isn't the end all. This is going to be forwarded to the
Planning Commission. I would encourage the neighborhood association
to speak their mind at that meeting as well and it will be heard by the City
Council, who are the elected officials that put these ordinances in place. I
think that we have done our homework to this point in addressing the
issues that we can at this committee level and I am going to make a
motion that we forward PPL 04-1148 to the full Planning Commission for
consideration. One point that I would like to make, a comment was made
very early in this conversation, I do like the idea of having a construction
entrance and keeping the heavy equipment from coming through the
neighborhood. A lot of damage to the infrastructure and that kind of
thing, in these type of developments happen from construction equipment.
I would like to see that addressed between this point and the time that we
talk about it at Planning Commission.
Vaught: I will second.
Subdivision Committee
August 13, 2004
Page 22
Anthes: I will concur. I will tell you that all the minutes from today's meeting will
be entered into the record and will be seen by the Planning Commission as
this progresses. Please feel free to encourage your neighbors to come to
those meetings and we will see you in a couple of weeks.
Subdivision Committee
August 13, 2004
Page 23
PPL 04-1161: Preliminary Plat (PEMBRIDGE SUBDIVISION PH. 1): Submitted by
MANDY BUNCH for property located at THE END OF GRAYSTONE DRIVE, EAST
OF STONEWOOD S/D AND NORTH OF COPPER CREEK PH. 1. The property is
zoned RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 20.00
acres. The request is to approve the Preliminary Plat of a residential subdivision with 46
single family lots proposed.
Anthes: The next item of business is PPL 04-1161 Pembridge subdivision. Will the
applicant come forward please?
Morgan: The subject property is 20.01 acres of vacant property located east of
Hwy. 265 or Crossover Road and south of Albright Road. The proposal is
to create a 48 lot subdivision with one lot featuring an existing pond
reserved for open space to serve the subdivision. Additionally, two lots at
this time are designated for detention. However, I believe the engineer
may wish to address the detention on those two lots. This property is
located adjacent to Stonewood subdivision. Stonewood is located to the
west of this property. Copper Creek Phase I is located south of the subject
property. An annexation and rezoning request to RSF-4 were approved by
the City Council for this property in May, 2004. The applicant owns
property within the Planning Area to the north for possible future
extension of this subdivision. Adjacent land use and zoning consists of
both county property and property within the city zoned RSF-4. Adjacent
are subdivisions currently being developed. Right of way to be dedicated
is 50' for all interior streets with the exception of Lions Hall Place and
Queensway Court proposed to be dedicated as residential streets with 40'
of right of way. Connectivity will be provided to Graystone Drive and
Running Springs Drive, which have been stubbed out for future
connections to this property. Connectivity from the subdivision is
proposed in all cardinal directions. Adjacent Master Street Plan streets are
Crossover Road, a principal arterial, and Zion Road, a collector street.
Additionally, staff has received several calls from the public and
approximately 24 notification receipts with comments concerning traffic
generated by this new development, sight distance, visibility from
Graystone to Hwy. 265. Concerns with construction traffic as well as
connectivity and type of development proposed for this property. Staff
recommends forward PPL 04-1161 to the Planning Commission with a
recommendation for approval with the following fourteen conditions of
approval. Of which, Planning Commission determination of required
sidewalk on residential streets. Lions Hall Place and Queensway Court,
staff recommends construction of a 4' sidewalk on both sides of the street.
Planning Commission determination of a waiver request for a cul-de-sac
length greater than 500' for both the eastern and western extension of
Queensway Court measuring approximately 520' as well as 622'. Staff is
in favor of recommendation for these waiver requests. Also, parks fees
are assessed in the amount of $25,530 for 46 single family units. Item
number five, those lots designated for detention shall be classified non-
Subdivision Committee
August 13, 2004
Page 24
buildable on the Final Plat. Should the number of lots to be utilized for
detention change at the time of Final Plat parks fees shall be adjusted
accordingly. Additionally, the POA or similar entity shall be responsible
for maintenance of designated common green space areas. An onsite
mitigation for the planting of 22 mitigation trees with an accompanying
Letter of Credit in the amount of $5,500.
Pate: As Landscape Administrator, I just want to mention that we have been
working with the applicant on the tree preservation plan. Staff is
recommending approval of this tree preservation plan. They have utilized
or routed utilities in areas that do not necessitate the removal of trees
along the western property boundary. Additionally, the mitigation trees
proposed will be planted in this neighborhood park area maintained by the
POA.
Anthes: Thank you. Rebecca?
Ohman: Condition number four is basically 46 single family units as shown there
are only 45 and therefore, the fees will be $24,975. Again, this is subject
to change depending on the detention ponds.
Casey: I want to clarify, currently our requirements are a 24' local street will have
a sidewalk on both sides. It is our recommendation that a 4' sidewalk be
shown on both sides of Queensway Court and Lions Hall Place. Right
now we are showing a large enough detention pond to accommodate flow
on this site and it is on two lots because there is a potential to utilize the
detention pond with some modifications to take place on that so they may
gain a lot but utilizing the existing pond.
Anthes: If the applicants would introduce yourselves and give your presentation.
Bunch: I'm Mandy Bunch with EB Landworks. I'm representing the owners, here
with us today, John and Leslie Nooncaster.
Nooncaster: My name is John Nooncaster. My wife Leslie and I are shareholders in
Nooncaster Vineyards. Nooncaster Vineyards is the owner of the property
and the developer. We have owned this property for over 20 years. We
originally had grape vineyards planted on this property and we grew
grapes on the property until Copper Creek and Stonewood were built
adjacent to us. Now we are trying to develop the property to blend with
Copper Creek and Stonewood and have homes equivalent or greater value
here.
Bunch: We worked in our layout to try to accommodate all the existing stubs. We
had stubs that were required to the south, east and west that were existing
that we connected to. We have also been working actively to try to
preserve the trees. There is an existing 100'easement along the west
Subdivision Committee
August 13, 2004
Page 25
property line between this subdivision and Stonewood that will act as a
buffer and rerouted all the utility easements away and the utility
representatives have concurred in not having the utility easement along
that west corridor so that all the existing trees can be saved. We were also
trying to get that going for us on the south side too but we lost that battle.
The interior area is an existing pond area. We are working through some
different governmental agencies right now to decide what we can do with
that pond. In the event that we can use that pond and modify it to work as
a detention area, which it pretty much is now. The site is basically located
on a ridge and the site water drains into this existing pond. It was
constructed as a farm pond in the past. All the existing drainage will
continue in the proposed state. Again, we are trying to use this existing
pond more for detention, if possible, so that we can minimize the size of
the pond on Lot 9 and 10 and possibly get an additional lot here. I'm not
sure what else we need to bring up. We are here to answer any questions
that we possibly can. Regarding the comments, the Nooncasters did meet
with the neighbors.
Nooncaster: I was called by one of the neighbors in Stonewood earlier this week and
they were having a meeting on Wednesday evening. My wife and I
attended that meeting. We tried to listen to their concerns and answer
their questions as best as we could. I would say their main concern is
construction traffic. We do have the two existing stubs to the property.
We could split the traffic between those. We can try to work with the
neighbors as much as we can. As Mandy mentioned, this property is
relatively higher than other property. We don't anticipate bringing any fill
material in so we hope to minimize construction traffic and all that traffic
will, of course, be temporary.
Anthes: Would any member of the public like to speak to PPL 04-1161? Please
come forward, sign in and give your comments please.
Bates: My name is David Bates. I'm a resident of Stonewood subdivision. I was
at the meeting with the Nooncasters and the residents asked me to be here.
Unfortunately, we don't have the number of residents as Barrington.
Really, there are a couple of issues here. Obviously, the construction
traffic is a big concern for the residents. We have a pretty contained
community there. A majority of the residents do have small children,
myself included, we have concerns with a traffic standpoint. Construction
is a big concern of ours and along with that is our request for some type of
entrance/exit or something to the north that connects with Albright Road.
We are not satisfied with Graystone being the main artery. I understand
that there is a main stub out, Hearthstone immediately to the south will be
used and then basically it is an L to get back through. You are back into
Copper Creek. The reality is Graystone is the main artery back there. We
have traffic concerns. Personally I have a real concern for that
intersection of Graystone and Hwy. 265. That is a dangerous intersection.
Subdivision Committee
August 13, 2004
Page 26
I understand that Hwy. 265 is a state highway but with the speed and the
amount of traffic and trucks, that is a recipe for disaster. Beyond that, we
understand that the development is going to go through. We don't oppose
the homes going back there but we want to see another artery to the north
to Albright Road. We would like to see that designated as the construction
entrance and exit and be dedicated specifically to all the construction
traffic. Secondary to that are some other issues with traffic signs being
placed there on Graystone. I certainly think that needs to be studied.
Traffic is going to be tremendous. That's it.
Anthes: Is there any other member of the public that would like to address this
Preliminary Plat?
Inaudible
Bunch: It is not like it is just one single cul-de-sac that is going on the hillside by
itself. There is an opportunity to use the intersection is a hammerhead turn
around and for both the full size cul-de-sac locations. Suzanne and I
talked yesterday because I was measuring from centerline to centerline
and she was measuring from curb to edge line. It was 120' on the eastern,
it is only 622' but then there is a turnaround with 150' of that. The other
one the way I originally measured it was less than 500' so this is definitely
our preferred route. It was based a lot on tree preservation and existing
pond locations and also opportunity to extend to the north.
Nooncaster: To the north of this there are two existing single family homes along
Albright so there never could be a straight through connection to Albright.
Anthes: Does any other Commissioner have comments about cul-de-sac length and
findings on items two and three?
Vaught: They don't concern me necessarily but I think one of the main concerns is
cul-de-sac lengths. Besides emergency services it is just connectivity
through the neighborhood and boxing it off. This neighborhood seems to
have adequate connectivity overall. Circumstances like this I don't have
an issue with it.
Shackelford: I agree with that also. I think that we have adequate connectivity in this
subdivision. I think a lot of what they are trying to do is preserve the
natural look out there which I'm a fan of. I would like to stop and have a
real quick conversation at this point as obviously, as we look at this
compared to the last project we looked at, I like the idea of having streets
that aren't straight for traffic calming purposes. One of the questions that
I have, we heard comments on the last item is the widths of the streets
increase the speed so just a short conversation with staff on the 50'
requirement on interior streets. I know that we are dropping two down to
40' right of ways. Can you enlighten us a little bit on the requirements for
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August 13, 2004
Page 27
the ordinances in that area please?
Warrick: Truly what we use is a guideline with regard to street widths and the type
of street that will access is the city's guiding Master Street Plan. A
Residential street, which is a 40' right of way is designed to carry a
service volume of 300 to 500 vehicles per day. Generally when you look
at a single family residential lot the Institute of Traffic Engineers estimates
that the trip generation for one single family home is between five and ten
vehicle trips per day. In this case these two streets, Lions Hall Place and
Queensway Court, combined, have about 14 or 15 lots that will access
onto them and if you apply that equation they will generate between 1,400
and 1,500 vehicles per day as an average. We look for smaller streets that
are not necessarily going to carry through traffic as an option for the
smaller street type and the smaller right of way. A local street's standard
width is 28' that allows parking on one side and requires a 50' right of
way. Those are designed to carry approximately 4,000 vehicle trips per
day. They function fairly well. When you get two lanes of traffic that can
move people are parking on the sides which will slow traffic down to
some degree. Those are the criteria that we start with when we are
applying these standards.
Shackelford: It seems like the more and more of these subdivisions that we see one of
the covenants is restriction for on street parking but we continue to build
50' wide streets to allow on street parking and the covenants disallow it.
That is something that we may look at.
Anthes: It also can provide area between moving traffic and people on sidewalks.
That is something to consider. I too think the cul-de-sacs are actually
working in this. I do want to say that I really appreciate the way that this
is laid out where you don't have all backyards backing up onto your
proposed park area that people driving on Pembridge Place will be able to
have advantage of visual access as well as physical access to that without
it just being tucked behind back yards. I think that is real useful.
Nooncaster: We want to make it a used area, not something we are trying to hide.
Anthes: Parks fees are pretty straight forward. Is everybody comfortable with this
flexibility on the lots and the detention?
Vaught: Is that something that is going to be resolved by the time it goes to
Planning Commission?
Bunch: I'm actually waiting on the Federal government so I don't think I will
promise that but we have to have it done before we have final plans so we
will get it there as soon as we possibly can.
Anthes: Jeremy said he is comfortable with the tree preservation plan. I want to be
Subdivision Committee
August 13, 2004
Page 28
clear, this 100' utility easement between Stonewood and this proposed
development, the utilities actually will not be going through there and
those trees will be maintained.
Bunch: Right. That is a major electric line in there.
Nooncaster: The 100' easement is in the Stonewood subdivision and it is a high
powered transmission line in that area.
Pate: Typically what we are going to see in this situation, and I believe what
was requested at Plat Review, would be an additional easement along this
property as well in the back. There are existing trees so Ms. Bunch has
worked with utility companies to route utilities and manage those
additional utilities.
Nooncaster: We did not ask for a utility easement to protect these trees.
Anthes: The residents of Stonewood will understand that those trees as you see
them now will remain as a buffer between the properties. Are there any
other comments?
Bates: Can I ask for a clarification on the connectivity to Albright? There was a
comment made about Albright Road and stub outs but I didn't catch all of
that. What is the resolution there?
Shackelford: There is a stub out to the north that my understanding is that there is a tract
of property between this development and Albright Road that the
developer does not own. The connection will happen if, and when, that
property develops to the north of this.
Bates: There is not going to be a connection at this time?
Anthes: Currently no. Ms. Warrick can talk to you about that. We have a lot of
developments that are happening after each other and our policy of
connectivity and stub outs, we are seeing this in a lot of developments so
perhaps you can clarify how that works.
Warrick: The Planning Commission has the responsibility of ensuring that the
developer not compound or cause a dangerous traffic condition. If you are
comfortable in that determination there does not need to be the
requirement for a developer to go and acquire additional property to
provide additional stub outs or connections to be created in the future with
development of adjoining property. We do look for developments as they
come through the review process to provide adequate connectivity in the
form of stubbing out streets and infrastructure to the property lines where
neighboring property will pick up those connections and further them with
their developments and provide the same type of connectivity as the
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August 13, 2004
Page 29
adjoining properties develop. We look at these properties one at a time,
just as we did Stonewood. Stonewood was basically a closed off
subdivision until Copper Creek adjoined it and continued those
connections into the point of the subject property. Those connections will
then be continued further to the north and the east for connections to the
adjacent property that will be developed.
Bunch: If I may throw a little more information in here. If you look at this we will
basically end up with two connections to Hwy. 265 out of this entire
conglomerate, which I think could probably mass to a total of around 420
units. The staff report noticed that we could have up to 80 on our tract but
with the 20 acres we have proposed basically 45 lots, not 80 lots. This
project is currently in process but I'm projecting that we have at least two
outlets to ease Zion and that is still not taking into account what could
happen on this particular tract. Then you have the one over to George
Anderson, which is a county road under county jurisdiction and probably
another one when this property develops and possibly another option to
the north at that point. One of the things that actually precludes us from
doing the move to Albright now is we have an area just to the north of us
that is in the county wholly and then we have Springdale city limits.
There are several other jurisdictions and I think we an all improvise with
the presence of Stonewood. We all live in Northwest Arkansas and it is a
lot of fun most of the time. I think probably within the next two to there
years this will be finished and then at that point it will be quite a
connected situation and I think one of the better connected residential
developments in Fayetteville. I just wanted to throw that information
about this property just so it doesn't seem that anything is being side
stepped here. That is a future opportunity.
Shackelford: Staff, Zion Road that we are talking about this stubbing out to, is that a
State, a County or is it a City road?
Warrick: I would have to look. There are portions of it in the county and portions
of it in the city.
Shackelford: That is still a dirt road and if that were developed out it would free up a lot
more traffic. If that were a standard street I think there would be a lot of
this traffic that would go out to Butterfield Coach and give an opportunity
not to have to go to Hwy. 265.
Nooncaster: George Anderson you mean?
Shackelford: Yes, George Anderson, I'm sorry.
Bunch: It is a collector on the Master Street Plan.
Warrick: It is partially in the city and partially in the county. The north side of Zion
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August 13, 2004
Page 30
at Copper Creek is in the city and partially in the county. It is piece meal.
Anthes: Are there any other comments or motions?
MOTION:
Vaught: I will make a motion that we forward PPL 04-1161 to the full
Commission.
Shackelford: I will second.
Anthes: I will concur. Thank you very much.
Subdivision Committee
August 13, 2004
Page 31
PPL 04-1127: Preliminary Plat (SLOAN ESTATES): Submitted by PROJECT
DESIGN CONSULTANTS, INC for property located at SAGELY LANE, WEST OF
THE INTERSECTION WITH GULLEY ROAD. The property is in the Planning Area
and contains approximately 25.05 acres. The request is to approve a preliminary plat of a
residential subdivision with 54 lots proposed.
Anthes: The next item on the agenda is PPL 04-1127 for property located at Sagely
Lane west of Gulley Road. The request is to approve a Preliminary Plat
with 54 lots proposed.
Morgan: The subject property is 25.05 acres of vacant property located east of
Gulley Road. The applicant proposes to create a 56 lot subdivision with
two lots utilized as detention. The property is located in the Planning
Area. The proposal is to create lots which will utilize a community
sewage system on 7.07 acres of property located to the northwest of this
subdivision. This property is proposed to be leased for this use. Staff has
found previous actions on this property including two property line
adjustments as well as a Lot Split. Surrounding land uses are single
family homes on large lots all within the county. Water will be extended
to serve the proposed development. The applicant proposes lots of
approximately .3 acres, again, utilizing a community septic system on
leased land. Conditional approval from the Arkansas State Health
Department is required prior to Planning Commission approval. We have
not received that conditioned approval at this time. Adjacent Master
Street Plan streets are Gulley Road, a collector, which is located to the east
of this property, as well as Sagely Lane, a minor arterial, which is
designated to bisect this property. Additionally, the applicant proposes to
dedicate right of way for a total of 35' from centerline for Gulley Road as
well as 70' of right of way for Sagely Lane where 90' is required. Staff
has found that with previous actions on this property 90' of right of way
was required to be dedicated in a different configuration than that
proposed in this subdivision. Staff is continuing to research if that
dedication was ever filed but it was required with previous Lot Splits.
Connectivity is proposed from the western extension of Sagely Lane to the
west. Additional connections are proposed to the north. There is a street
stub out to property to the north and this stubs out to the leased area for the
community septic system. Staff has had several comments from the public
with concerns about proposed density and traffic volume generated by the
proposed development. At this time due to outstanding issues with septic
system approval and street connections related to the designated Master
Street Plan location of Sagely Lane staff is not recommending forwarding
this Preliminary Plat to the full Planning Commission. Staff recommends
that it be tabled to allow resolution of items which may vary the
configuration of the proposed subdivision and for the applicant and staff to
better address the issues relating to right of way for Sagely Lane as well as
approval for the proposed community septic system.
Subdivision Committee
August 13, 2004
Page 32
Shackelford: I went to look at this property yesterday and I got confused. The subject
property is 25.05 acres of vacant property located "east" of Gulley Road, it
is west of Gulley Road isn't it?
Morgan: Yes, sorry.
Shackelford: No problem. I was just hoping that I looked at the right piece of property.
Anthes: Are there other staff reports?
Casey: I want to clarify our Engineering reviews on this property. This property
is not adjacent to the city limits, like we saw in one of the previous
developments today, so the only review that the Engineering Division will
be doing on this is for the water system. They will be extending public
water to each of the lots and the Engineering Division will be reviewing
those plans. We will not be looking at streets, storm drainage or the
proposed sewer system.
Anthes: That is outside our jurisdiction because this is located in the Planning
Area.
??: When is the hearing with the county?
Warrick: The process in order for a project to be heard and reviewed that is located
outside the city limits but within the city's Planning Area is first to obtain
approval from the city Planning Commission. Once that is done they will
then go to the County Planning Board and slate their item on a County
Planning Board agenda. As far as the posting and scheduling of those
agendas, I'm sure that the County Planner's office can provide you with
that information. This item has to first go through the city's Planning
process before they will hear it at the Planning Board.
Scott Silkwood: It will most likely be the first Thursday in October.
Anthes: For the record, Celia Scott Silkwood is here from the Washington County
Planning Department. Since we have had a variety of different kinds of
review today, before we take public comment will you remind us of what
we can look at on this parcel that is different from the previous two parcels
that we considered.
Warrick: We are trying to ensure that our Master Street Plan is addressed and that
water is provided to all of the proposed lots within this development.
Anthes: We don't have jurisdiction over layout, lot configuration and those other
things.
Warrick: We can look at those things with regard to the assurance that the integrity
Subdivision Committee
August 13, 2004
Page 33
of our Master Street Plan is maintained. Those things may come into those
types of discussions. That is one of the things that staff is a little bit
concerned about. We have found previous actions that indicated a Master
Street Plan right of way that bisects this property. It is not shown in the
same configuration as the proposed extension of Sagely. We feel like we
just need a little more time to work with the applicant's engineer to ensure
that we are getting this thing configured properly based on previous Lot
Splits and lot line adjustment actions and the existing adopted Master
Street Plan. There is a tract of land further west of this that has a
continuation of that right of way being called out and it is very important
that we can make sure that these things line up.
Anthes: Would the applicant like to introduce yourself and give your presentation?
Scott: I'm Art Scott with Project Design Consultants representing the developer.
We concur with staff that we need to work on this configuration of Sagely
Lane issue. The initial plans that we had shows some schematic lines,
there are no dedicated right of ways at this time so obviously, being the
first one in we decided that we wanted to lay this out to the best to
maximize the use of our property here. Apparently it is conflicting with
some things to the west and we are going to table this until the next
Subdivision meeting to work through that with the city. I would like to
hear any comments from the public so we might be able to address those
also.
Anthes: Would any member of the public like to speak to PPL 04-1127? Please
come forward and sign in.
Wood: Thank you. I'm Steve Wood. My property is at 3003 Gulley Road.
Certainly we all appreciate the time that the committees here devote to
planning issues which obviously are very complex and important to
different groups. My concern, of course, is with this plat in many areas.
The first of which is probably beyond the scope of what could be decided
in any Planning Commission and certainly in any County Planning
Commission because we really don't have county zoning yet,
unfortunately. My first comment of course is that this development is
certainly totally out of character with the surrounding immediate area.
When I look at the City of Fayetteville's goals and I see a statement of
planned and managed growth, it seems that the plans are developed
elsewhere in an engineering firm based on surveys and then are presented
to committees to affirm. It is the public's concern that you all evoke your
authority and insight and hopefully rules and ordinances appropriately to
invoke the managed part of this. I see over here a naturally beautiful city,
our mountains and hills, our creeks, our open green spaces. We all know
that the Gulley mountain over there generated a lot of controversy when
they put that huge water tower. That hill can be seen all around for miles.
It is almost a landmark just like Mt. Sequoyah is here in town. What we
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August 13, 2004
Page 34
have here before us is essentially on the top of that beautiful southern
exposure of that mountain just a track housing development. This is row
after row of closely spaced ill conceived, unaesthetic track housing.
Basically what we are talking about here is just money. What you have is
a beautiful piece of property that was sold off, probably at a high dollar, to
a developer who is going to block it off and get his money and go off and
live somewhere where there ain't a lot of houses and it is nice, open and
green so he doesn't have to worry about it. That is a personal assessment,
I can't speak for the owners. However, what happens here is that people
make their money on these developments and then they go on and do their
own thing but the City of Fayetteville and the citizens of Fayetteville are
stuck with what's left for hundreds of years. Guess who's responsibility
really is invoked here because of that decision. It is the Planning
Commission's and it is our City Council. I am very concerned about this
on an aesthetic sense. Getting to other issues here that are probably more
pertinent, I know that the Master Street Plan has an arterial line that is
supposed to connect all the way through and then go beyond Sagely onto
Sassafras Hill Road. I am concerned about the way this plat is laid out and
it doesn't seem to be an arterial, it just seems to be a little community
neighborhood street. I am very concerned about that. Certainly when you
have, first of all, it was posted as being 44 and then it was 54 lots on this
small space all the high density traffic in this area, and certainly we
already know those of us who have property on Gulley Road, it is a 60
mile per hour place. That is a cut through area going to Springdale. I am
very concerned about the density of traffic. There is only one place
coming out onto Gulley Road, certainly on the plat there is something
coming out west but when is the city going to connect to that? Basically,
we are only talking about one entrance and exit to this area for quite a long
time I'll bet. The disbursement of traffic and those issues are certainly
very concerning here. Another issue, those of us who have property on
that mountain, are very concerned about the surface water drainage issues
as would happen with any development. It is very severe, the erosion
hazard is very severe along that mountain and it is not to be taken lightly I
can guarantee you. Just recently we had a concern about a substation
being placed up there at the top of the hill by Ozarks Electric and many
members of the community in the area around there came to meetings and
gave concerns to Ozarks Electric about the aesthetics of this substation
with lighting issues, placement, how are the lines going to come in, would
you please bury the lines so it is aesthetically pleasing. Again, these
issues come to light but this time we've got a track housing development
instead of a substation development. Even more importantly I think for a
high density area and you are going to pull all the septic into a large septic
system for that area, I'm interested in wondering if the city has any
concerns about that or is that an adequate substitute for not having enough
sewer capacity now? Is this permanent? If it is acceptable then why even
worry about sewer systems? What is the deal here? That is one issue that
is concerning and basically it has a lot to do with effluent. All the effluent
Subdivision Committee
August 13, 2004
Page 35
in this area goes to the Illinois River Basin. There are many issues
regarding that on all levels, interstate, state, community. All these things
effect the water shed of the Illinois River. Does the city have standards
for these mega septic systems? Has this been done elsewhere in the city
growth zone? Does it work? I'm not so sure about that. Is the city
allowing substitution to do this as a substitute for putting in sewer
systems? I don't know. More importantly, I think anybody that lives on
the mountain over there could understand that the geology in that area is
certainly unique in that there are many, many, many wet water springs.
Almost every farm pond over there is not fed by a creek, it is fed by a wet
water spring that percolates up from the underlying stratum. That is very
concerning. Certainly in the upper northwest corner of this development
there is a stocked pond up there that has been up there for many years. It
is fed by a wet water spring. It is constantly flowing. You think, what
does this mean? Basically, up there at the very top of the hill you've got
water coming up out of the ground all over the place. I would venture to
say if you are going to have a 54 or 55 house subdivision dumping their
sewage into a single system and then you are going to have a leach field
that is three or four acres dumping their effluent in there with the geology
and the wet water springs and all of those things I just honestly do not
think that that is a doable deal, especially with the density of housing that
is planned. I think they are totally out of concept and I certainly agree
with the recommendations of everyone on the committee to investigate
that further before any approval is given to any development up there. I
appreciate your listening to my comments and those are some of the
concerns I have, which there are many. I'm not against growth but
certainly I think to maintain property values and the aesthetic nature of our
community we certainly need to hopefully invoke the authority that you
can to make it happen correctly. Thank you very much.
Anthes: Is there any more public comment?
Gibbs: I'm Teresa Tuck Gibbs. My address is 3031 N. Gulley Road. The
property in question is property that was bought by my parents in about
1952 and was sold subsequent to their deaths six or seven years ago. I
don't have the exact date. At the time we were contacted by a number of
developers to develop the land and we turned them all down. We sold it to
a gentleman who gave us his word that he was going to put a house for
himself and his two sons on the property. That didn't happen and I don't
know why. The property has just now been sold to the developer. To
someone who has no history in that area, has absolutely no concern for the
area. I'm not naive enough to believe that that land will never be
developed but I came back to Fayetteville after an absence of 35 years to
move into a house that my parents built almost 50 years ago because I love
the area and the natural beauty. It dismays me to see it so totally just
ignored, just absolutely ignored! We talk about the density, and I know
that you don't have anything to do with the traffic at this point. However,
Subdivision Committee
August 13, 2004
Page 36
there is only one outlet to this plat and it goes to a blind corner. It is right
before a blind corner. People come off of Hwy. 45 at 60 miles per hour.
They hit a blind corner and then they hit another 45 degree corner. It is
just frightening. I cannot walk across the street to my mailbox at this
point during certain times of the day. I cannot imagine what it would be
like if you put 54 houses there. I know on the public hearing sign it says
44 lots. When I talked to the city yesterday they told me it was 54. I'm
not sure how much it is. All I know is that it doesn't come anywhere near
meeting the requirements of the sewer system acre and a half which is
sufficient to support a septic system. I have two septic tanks on my
property. I have ten acres. I have a pond that is half an acre that is totally
supported by springs. If I didn't have a good spill over it would go all
over my yard. When we had the rains not too long ago I had intense
flooding in a house that has been there for 50 years. That is how wet it is
there. I think what disturbs me the most about this is that it simply doesn't
say what I thought Fayetteville said. I'm very proud of my community
and I'm thrilled to be back here. I like to live in a community that builds
up its downtown, works on Dickson Street, protects Mt. Sequoyah. I want
it to stay that way. If we don't do it now it won't. We are putting in
subdivision after subdivision with absolutely no concern for the aesthetics
of the area and yet the aesthetics of the area are what bring people to
Fayetteville. What we are saying to people is if you are going to build
outside the city limits but within the Planning Area, beware. We will not
protect you from developments that totally destroy the beauty of this
country. Thank you. I have a letter to be included also.
Ginger: Good morning. My name is Dr. John Ginger. I live on the north edge of
this proposed property and the subdivision. We have lived in that area,
I've been in Fayetteville for 30 years and I have lived on that particular
piece of property for 25 years. We have owned 14 acres there, part of it
was sold to my son in law who is Scott Jones who owns the seven acres
which was bought for the effluent field, or is proposed to be bought. I am
concerned about several things including what has been spoken of already
which is the lot size and the lot density. This is a small acreage with a
very narrow configuration with a narrow way to get onto Gulley Road.
The 90° angle comes from Gulley Road. From the north is a blind corner
and so consequently the cars come around there sometimes at excessive
speeds and not paying too much attention to lane position. I have had
many close calls in that particular spot and if you have traffic coming onto
that road from the west onto Gulley Road then you are going to be into a
position of entering into a very busy and very dense and treacherous
situation. I'm also concerned that there ought to be some type of
preparation for the sewer system. I have lived there for 25 years and there
are wet springs that flow from my property onto the west and south and
with the wet weather springs I'm concerned that that is going to come
right up out of the ground. There are collecting ponds that are there now
and those ponds will soon be contaminated with the waste from that sewer
Subdivision Committee
August 13, 2004
Page 37
system. I question that. There is a stub in onto that seven acres. There is
some concern that that might ultimately be built upon. I think we ought to
limit the number of lots and increase the size of the lots to accommodate
larger dwellings and more scenic dwellings and perhaps even increase the
value to the developer of making the property more valuable. I think there
are many folks who would like to have larger lot sizes rather than these .3
acre sizes, '/2 acre, 3/4 acre and even one acre, even though that is also less
than the requirement for an acre and a half lot. I appreciate your concern
and I appreciate your attention to detail. As a property owner and a long
time resident in the county I have real concerns about the density and the
location and the arrangements. I appreciate your attention.
Sterling: My name is Brent Sterling. I own the property directly to the south of this
development. I also have many of the same concerns. I moved into this
area and bought ten acres to be out in an area where it was a beautiful
country setting. I built a nice home in that area and the homes in the area
and the surrounding area are all nice, larger homes. The development to
the north that is going in by Bob Gaddy is a very large development with
large sized lots. It has a very aesthetic pleasing look. This layout of 54
tract homes is on very small lots, it just does not fit in with the area. It is
not going to be aesthetically pleasing and it is going to be an eye sore for
the area. It is going to create a very bad traffic problem with that one exit
onto Gulley Road. The concerns about the ground water and the sewer
system are great to me because I'm directly south of that property. They
have mentioned the water that is in the springs. My interest in my
property has water that runs across it and I've had to put French drains in
and it runs year around because of the water coming down that hill
towards my property. Any septic system that is going to be taking 54
homes into one central location is going to contaminate that ground water
that is going to be coming down hill at some point or another and it is
going to be coming onto my property and the property of everybody
surrounding that area. That is a great concern to me. While I'm not
against development, I'm against development that is this small number of
properties there. If it could be developed in an area or manner that would
be more consistent with larger lots and more aesthetically pleasing that
could accommodate it's own septic systems I think it would be more
amenable to the public in that area. I am concerned with the type of
homes that are going in there and the developer himself. If it is Bob
Schmitt's development I've seen some of the smaller homes that he has
put in on some very small lots and they have not worked with septic
systems and they have had sewer on the ground and it has been a problem
in the past. That is on Hwy. 45 East. There is a history if that is the type
of property that is going in here it is not going to be something that is
going to be workable for that area. We would ask, and I know all the
people in that area, would ask that it be looked at very closely and there be
some major changes made to this development if it is going to go in at all.
Thank you for your time.
Subdivision Committee
August 13, 2004
Page 38
Anthes: Thank you. We are going to deviate from our general pattern. We have a
person that is going to have to leave and I want to get his comments for
the record.
Vaught: My main questions are, besides working out the Master Street Plan issue,
just understanding, I don't know what kind of control we have over the
lease. The septic area that is on our plat is a leased area which raises more
questions. I know other cities in the area or other counties has passed this
as their type of sewer system. Lowell passed an ordinance that they are
going to this type of sewer system inside their city limits. I am interested
in the process of that and knowing what we need to look at as
commissioners on this. Do we have control over that type of issue? I
don't know. You said we can look at lot layout but does that mean size or
traffic? Is that something that is done at the county level? I just would
like an understanding of all of those. That is from my perspective and
maybe we can have a report by staff on that by the next Subdivision
Committee meeting. I believe that the septic area that specifies a lease
area is something, it is just a question, but I want to know if we can
consider that at this level or if that is a county issue. Those are my
comments. Then just the Master Street Plan layout and how it is going to,
if there is a possibility for another connection up to Gulley Road coming
off that sharp corner or if there are other options at all.
Anthes: I will go back to public comment now.
Alter: Hi, my name is Fay Alter. I live at 3030 N. Gulley Road, which is kitty
corner from this particular property. Most of my comments are actually
reiterations of what other people have already said. We bought that
property about six years ago and moved out about four years ago and our
main reason for moving out of the center of town was to be on a piece of
property that had aesthetics and a little more room. When they started
developing north, in fact, there are two subdivisions a quarter of a mile
north of this particular property in question. I know that one, the piece of
property that is on the west side, the smallest lot is two acres. The one on
the east has yet to be determined as far as I know, but I'm assuming that it
is going to be at least two acres.
Scott: They are 3/4 acre lots.
Alter: Ok, that is a little higher density than the rest of the neighborhood but
obviously, they are trying to manage it in some aesthetics. It just really
kind of breaks my heart that they are going to be putting houses one after
another down a strip of road. I'm assuming that the Master Plan connects
Gulley Road along that corridor on this property, is that correct?
Warrick: No.
Subdivision Committee
August 13, 2004
Page 39
Alter: Nothing goes onto Altus, so that makes it even harder. I don't mind
development. I really appreciate the fact that we are growing out in our
part of the county and that at some point we will be incorporated into the
city. I would ask that they modify the plan to get larger lots that are
configured with septic systems that would be self sustaining rather than
putting it out onto a leased piece. Ultimately, I think the tax base that the
taxes that would be collected for the county and the city would certainly
bounce out instead of putting all of these little houses along the way. It
would configure with the rest of the neighborhood and larger homes, so
the tax base would certainly equal out to what they are proposing.
Anthes: Is there any other member of the public who would like to address this
item? Seeing none, I will bring it back to the Subdivision Committee for
discussion.
Shackelford: I think that the applicant asked your opinions, I think we have given
everybody an opportunity to speak to those concerns. There are some
administrative items, if you will, that need to be addressed before we go
into those issues. I am going to make a motion that we table PPL 04-1127
to the next Subdivision Committee meeting.
Anthes: I will agree. I would tell the neighbors that Ms. Silkwood is here. She can
clarify what the county can review at their level verses what the city can
and it will be back here in three weeks if the applicant is ready. We will
be looking at this piece of property again. I would encourage the applicant
to meet with the surrounding property owners as soon as possible.
Gibbs: Can I have one clarification on that? It is scheduled to be addressed at the
Planning Commission on August 23rd. Does that mean it won't be?
Anthes: We are tabling this back to this committee before it goes to the Planning
Commission.
Ginger: Will we be notified of that meeting or do we just need to check and see
when it is normally scheduled?
Warrick: We will be posting new signs and sending notification on the new meeting
dates. You are more than welcome to keep in touch with the city Planning
Office and we will let you know of any new information that we have as
we have it.
Shackelford: The next meeting is three weeks from today. You might want to put that
on your calendar.
Anthes: I just want to say that I do have concerns. We would want to hear from a
board that does approve septic systems in the county so that we have a
Subdivision Committee
August 13, 2004
Page 40
better understanding about what this system will be.
Warrick: I was just going to add that there were questions and concerns about this
community septic system being utilized. It has been used in other areas in
Northwest Arkansas. To our knowledge, this is the first one that has been
proposed in the Fayetteville Planning Area so it is new for us as well. It is
outside the city's jurisdiction to govern it directly. However, we will do
our best to understand it so that we can answer questions and the applicant
can assist in that as well since he is going to be designing it.
Subdivision Committee
August 13, 2004
Page 41
LSD 04-1149: Large Scale Development (ELDER CONDOMINIUMS): Submitted by
ENGINEERING SERVICES, INC for property located at SALEM ROAD, N OF
WEDINGTON. The property is zoned R -O, RESIDENTIAL OFFICE and contains
approximately 4.77 acres. The request is to approve an apartment complex with 116
bedrooms and 145 parking spaces proposed.
Anthes: The next item of business is LSD 04-1149 for Elder Condominiums. Will
the applicant come forward please?
Pate: This is a Large Scale Development for a 4.77 acre tract located on Salem
Road north of Wedington Drive. It is directly south of Walnut Heights
subdivision. The property is zoned R -O, Residential Office. The applicant
is proposing multi -family dwellings which is allowed by a Conditional
Use in the R -O zoning district. You may remember back in April there
was a Conditional Use approved for multi -family dwelling units. I have
included that staff report with the conditions of approval for that
Conditional Use which must follow through with this Large Scale
Development. As a summary, the maximum density of 14 units per acre,
which is being complied with. Another condition was that a LSD be
processed, which we are processing currently. Screening of utilities, trash
enclosures, parking lots and planting street trees along Salem Road are
some other items in that conditional approval. The subject LSD plan
before you is proposed to meet all of those requirements as well as all
other applicable development ordinances that we review with LSDs. The
applicant is proposing to develop the subject property with 58 two
bedroom condominium units for a density of 12 dwelling units per acre. A
total of 116 bedrooms are proposed with 125 parking spaces to serve
future residents and visitors. There is a wrought iron fence proposed to
surround the development on the south, the east and the west along with a
fence and vegetative screening on the north property line adjacent to the
existing single family residences. Access is proposed from the existing
curb cut along Salem Road, which was constructed with the Arkansas
National Bank. The developer as for that Conditional Use and Final Plat
for this property is required to build a private street and a 6' sidewalk to
city standards along that southern boundary which is within an access
easement. Right of way has been dedicated along Salem Road for this
property with the Final Plat. There are no specific street improvements
recommended at this time with the exception of the broken sidewalk that
does need to be replaced. Staff is recommending an additional connection
to the south of the property to facilitate future traffic movement in the area
with additional development. As you may know, in the plans to the west
there is a note to be stubbed out in the future. Staff is recommending that
that be stubbed out at this time so that future development is clear that that
is to be connected to. For the tree preservation areas, the only existing
trees along this site are to the west of this property are along the western
property boundary. Most of which are actually located on adjacent
property, the canopy of which extends onto this subject 4.77 acres. As
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August 13, 2004
Page 42
you notice, there is existing 2.2% and preserved is 0.01%. The reason
being is those are in existing utility easements and cannot be counted as
preserved trees. Again, our calculations for on site mitigation, staff is
recommending that on site mitigation occur in this location and utilizing
those as screening trees along the northern property boundary. I believe
all of those trees and then some will be accommodated in that location.
Staff is recommending approval of LSD 04-1149 at this level with a
number of conditions, 19 in total. I will mention just a couple of those.
Planning Commission determination of the Conditional Use compliance.
Specifically, for condition number eleven. The reason that you have
elevation submitted is there is a request in the Conditional Use that
elevations be presented at the time of LSD. Item number two, Planning
Commission determination of the development's connectivity. Staff is
recommending an additional connection to the south for future cross
access and the stub out we are recommending be constructed to the south
property line with this project. Item number three, prior to issuance of
building permit, the affected building, which is the building at the
southwest corner, there is an existing 20' utility easement along the
overhead electric line on the southwest corner of the property that does
need to be formally vacated before the building can be constructed in that
location. It is indicated on our plats that that overhead electric line will be
relocated underground however, it does need to go through that process.
The Conditional Use conditions of approval do need to be complied with
as well, which is condition number four. Item number five is just a
clarification. On the plat it is listed as the building height is 26', we just
need a clarification if that is the eave height or if that is the roof height. If
it is the eave height there may be additional setback requirements. The
main conditions are for the most part, repeats of what the Conditional Use
conditions were. If you have any questions I'll be happy to answer them.
Anthes: Are there any other staff reports?
Ohman: Yes. Parks fees are due in the amount of $32,190 for the 58 units. This
has changed from a multi -family designation formula to the single family
because the units will be condominiums so based upon that, it will go to
$555 per single family unit. The total is $32,290. Thanks.
Pate: I have a clarification as well, because we only have two commissioners
remaining we will have to recommend that this be forwarded on.
Anthes: Will you introduce yourselves and give your presentation?
Moore: I'm Brian Moore with Engineering Services. The project engineer, Jason
Apple, is with me as well as Steve Miller who is the architect on the
project. I really don't have a formal presentation. The only issue that I
would see is the stub out to the south in that area. We really don't want to
build to the south property line right now. We don't mind the stub out
Subdivision Committee
August 13, 2004
Page 43
going to be there but if you will look at the grading it is pretty extensive
right there so you would end up having to get on the adjacent property to
grade if you were to grade down. Matt can maybe address that, build
some kind of retaining wall or something, but that is the only issue that we
have.
Anthes: Would any member of the public like to speak to LSD 04-1149? Seeing
none, I will bring it back to the Committee. The first thing we should do
is ask Matt about this stub out and the grading. I'm pretty sure that that is
our general requirement on most projects so that the next adjacent
property owner that builds connects directly to the property line and they
don't have to then come and do work on your property.
Casey: For the drive it needs to be stubbed out right to the property line. The
grading for the building pads that are shown, if it comes within 5' of any
property line we need to have on file a written approval from the adjacent
property owner authorizing that work to be done.
Moore: Sure. Matt, what my concern is on the stub out to the south. We have got
a 4' drop right through there. It would just, without going onto the
adjacent property, we are not going to be able to grade that out.
Casey: I would like to see something other than just a vertical drop there. If you
can just include that written agreement with the adjacent property owner
in that temporary grading shown so you don't have a vertical drop.
Moore: The only thing I can think is if we went ahead and dedicated some kind of
easement there that they could get on our property. We don't know when
that is going to be or anything.
Casey: Isn't there an easement already for that?
Moore: No, I'm on the west side. Are you familiar with where I'm at over here?
It is not the main drive. It is over here on the west where they wanted that
additional stub out.
Casey: The answer would be the same. We just need to work with the adjacent
property owner and get their permission to do that grading and show that
on the grading plan.
Moore: If they won't give us that permission?
Casey: Then we have to go back to the drawing board and we may look at, it
would have to be setback 5' from the property line. Whatever
construction is done, whether it is grading or retaining wall construction.
Without their consent we can't get within 5' of the property lines.
Subdivision Committee
August 13, 2004
Page 44
Pate: I would also want to mention too that coordination of that wrought iron
fence along the south is crucial as well because obviously, if there is no
new connection made then at this point there is a wrought iron fence along
the property line that would obviously, preclude any connection being
made.
Moore: We will make provisions for that.
Shackelford: I've got one question. What kind of time frame do you think you need to
visit with the adjoining property owner?
Moore: I guess we will go ahead and stub it out all the way and put a retaining
wall right there if we have to. Right now staff is telling me on this side
that I have to go to the adjacent property line. Matt is telling me if I go
within 5' I have to get written approval from them. I don't know if I'm
getting two different waves right here. I don't know which way to react.
We may call this lady and she say we can't grade on her property. We try
to put our detention pond and buy a piece over here and she wouldn't
allow that so we will try to contact her as soon as we can.
Warrick: I would just add that you are showing several areas along this south
property line that you are grading within 5' so regardless of that stub out
you are going to need an agreement between the adjoining property owner
and your owner in order to construct it the way it is shown on your plan.
That is something that you were going to be approaching that property
owner about regardless. Staff's concern about not having the stub out
actually built is that the residence within this development won't
understand that there is a future connection proposed. The developer of the
property to the south won't understand that and then when we get to this
point with that project we will have an issue. It is an issue that we don't
need to discuss. It is an issue that we have talked about at Conditional Use
stage. We have talked about it now. If the Planning Commission deems it
appropriate it just needs to be built.
Moore: We will try to get the ... we will talk to them and see what we can do. If
we can't we will come back at Planning Commission and tell you that we
tried and they would not allow us to do it and not only will we show the
stub out here 5', we will put a small wall on the south side and alleviate
any grading within 5' of the property line.
Warrick: The only situation that I've seen where we have not required the stub out
fully to the property line on a project occurred with the extension of Mall
Avenue south of Joyce when it was extended further south for the
development that included Old Navy and then the strip center where
Goody's and David's Bridal are located. There were issues with the grade
and when the project with the LSD came through and the street was going
to be extended fully south to the property line the developer of that project
Subdivision Committee
August 13, 2004
Page 45
put money in escrow as a delayed improvement, made notes on the plat
and they paid for the extension to the property line. However, it could not
actually be constructed until the street was extended south on another
project. That is another option. It is my opinion that it is this developer's
responsibility to ensure that the connection can be made whether that is
physical improvements on the ground or money in escrow.
Moore: We wouldn't be, if we can't get the easement, that is not something that
we would bock at at all. It is only about 10'.
Shackelford: You shouldn't have any trouble getting that done between now and
Planning Commission?
Moore: No.
Anthes: Let's go through the conditions of approval. One is Conditional Use
compliance. Condition number eleven with the Conditional Use was that
the elevations be submitted to ensure compatibility with adjacent
development and provide an appropriate transition for the commercial
development to the south and the single family and two family residential
to the north, west and east. We wanted to look at articulation of structures
and building material selections, etc. First of all I guess we need to clarify
the building height complies.
Apple: It is 26' to the ridge.
Anthes: Since we have exceeded our height by 6' do we have an additional setback
requirement?
Pate: That measurement is to the eave so this would be appropriate.
Shackelford: Obviously, we are going to have to forward this to the full Planning
Commission. I think determination of conditions number one and two can
be addressed at that time. As I read back through the minutes and as I
remember this project, I think that they are in line with what we intended
whenever we looked at this previously. I'm comfortable with what has
been presented and with what the Planning Commission heard when we
reviewed it at that time.
Anthes: I guess I differ a little bit in that. I want you guys to have the benefit of
comments so you don't get blindsided if there are additional comments at
Planning Commission. I would have hoped that these units would have
contributed to the street that you are building through the property in a
more direct way. The entrances are setback and the prominence of
garages. There is a perimeter of fence proposed that is iron so you can see
through it. That is just a backdoor condition which may not be very
exciting to the adjoining property owners in terms of visibility. The blank,
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August 13, 2004
Page 46
unarticulated ends to these structures. I guess these seem so internally
contained in that there is not a lot of contribution to a community or public
life within this development.
Apple: Can you explain what you are talking about in terms of "contributing to
the street."
Anthes: Sure. Porches, stoops, things where people can interact with their
neighbors that they are living in such close proximity to rather than going
back into sort of a dark recess and having the garages prominent. People
will want to park their cars in the garages, go right into the unit and not
have any of that kind of relationship that builds community. Your parking
lot is essentially your street. I guess that is my comment about the
elevations. We don't normally look at that at this level, I will grant you.
But, because the condition of granting the Conditional Use I felt like I
needed to make those comments. Connectivity, I believe, is exactly what
we looked at and agreed upon at the Conditional Use process so as long as
we get the stub out going through we have met that condition. The
Vacation request, obviously, you have to go through the process on that.
With the building height we have clarified that setbacks are ok. You are
in agreement with the parks fees that you heard today?
Moore: Yes.
Anthes: Are there any other comments or questions?
Shackelford: I don't think so. Like you mentioned, the rest of the issues are things that
we addressed when we looked at this a few months back. I will go ahead
and make a motion to forward LSD 04-1149 to the full Planning
Commission.
Anthes: Second. We will see you then.
Subdivision Committee
August 13, 2004
Page 47
PZD 04-1154: Planned Zoning District (CLIFFSIDE PZD): Submitted by PROJECT
DESIGN CONSULTANTS, INC for property located at THE EAST SIDE OF HAPPY
HOLLOW ROAD, SOUTH OF THE CLIFFS APARTMENTS.. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 26.30 acres.
The request is to approve a Residential Planned Zoning District on the subject property
with approximately 46 two-family and 20 single family lots proposed.
Anthes: Item number seven has requested to be tabled. Do we need to take action
on that?
Warrick: I think it is appropriate for the committee to understand that we are
recommending that it be tabled. The applicant is working with some
adjoining property owners. In this case this project adjoins Happy Hollow
school. We are trying to make sure that everybody is understanding where
things are going. The applicant is going to be meeting with
representatives from the school and I guess if anybody here is wanting to
comment on it, it would be appropriate to hear what kinds of comments or
questions that they have.
Anthes: Is anybody here for that item? We will have a brief staff report and take
public comment. That means we will be looking at item seven, PZD 04-
1154.
Morgan: This item is a proposal for a Residential Planned Zoning District for
property located east of Happy Hollow Road south of the Cliffs
Apartments. The property is currently zoned RSF-4, Residential Single
Family, four units per acre and contains approximately 26.3 acres. The
request is to approve a R-PZD with approximately 46 two family and 20
single family lots proposed. Connectivity is proposed to Happy Hollow
Road as well as a stub out to the south and to the east.
Anthes: Are there any overriding principals that we need to discuss?
Casey: Nothing at this point. We have some issues that we need to work out with
the applicant.
Ohman: This has been before the Parks Board already. Parks fees will be $29,178
with the current configuration of 20 single family and 46 multi family.
Pate: It looks like they are meeting or exceeding the required amount for a PZD,
25%. Additionally, this applicant has worked with staff to ensure that they
are saving riparian corridors as part of that tree preservation area. The
applicant is also proposing a trail system through this corridor.
Anthes: Would the applicant like to give a brief presentation?
Scott: Certainly. My name is Art Scott with Project Design Consultants. I'm the
Subdivision Committee
August 13, 2004
Page 48
engineer on the project. We intend to access Happy Hollow Road at one
point here. Staff has recommended that we take a look at connecting to
Ray Street here. I think that is a good idea, it gives us another access for
this subdivision and will alleviate some traffic concerns down here with
congestion at the school. We will be at the open house at the school on
Tuesday night to discuss that with parents and teachers.
Anthes: What time is that event so anyone watching can go?
Scott: I don't know.
Warrick: The principal of course is ensuring that the parents in the Happy Hollow
school district knows. The open house was scheduled prior to any
consideration of the project and they have agreed to allow the developers
set up an informational booth and be available to answer questions as
people have them about what may be going on in the area that could affect
the school.
Anthes: I will open it to public comment if you would like to come to the front,
introduce yourselves and sign in we can hear your comments.
Portner: Good morning, my name is Arthur Portner And this is my wife Donna.
We live at 324 Happy Hollow Road, which puts us pretty close to this
project. Basically, today we have just came to see the plat. I don't really
know what I'm talking about as far as the looks but I'm concerned about
the drainage. There is a big drainage problem over there. There is some
property across the street from your proposed project, a little to the south,
that is owned by the Mayor. I think it is 35 acres and he once tried to
develop that area there and started what looks like to be a subdivision and
I think probably what happened was the drainage killed the project
because there is a heck of a wash that comes off of Mt. Sequoyah that ends
up in my yard, which I bought into with my eyes open. I saw that coming.
It seems to me that every time we get projects going into town here we
follow up with what is going to happen with the drainage after all the
concrete is down and hardened. I would like to get ahead of the curve on
that if we could. Other than that, again, without seeing anything or having
any knowledge of it, I have no objection to a project like this going in.
The only other situation that it might pay to get ahead of is the ingress and
egress, which I think you are addressing with Ray Street opening and if
Happy Hollow is going to be used for ingress and egress then again, we
are right back to the drainage problem because if you look on the city
maps you see that that one section of town is probably the only section of
town that doesn't have any sewers in it. Whenever the runoff comes it
comes right into a gulley and washes out everything. You can pretty much
see where I'm coming from. It is pretty obvious I'm worried about the
drainage and how it is going to affect my property that my home is on and
the approximately three acres that sits north of my property that I own too.
Subdivision Committee
August 13, 2004
Page 49
If we could address those problems in the preliminary discussion of this I
would appreciate it. Thank you.
Anthes: Again, there will be an open house at the school on Tuesday night so if
you want to see this I'm assuming they will have drawings there. You can
also come to the Planning Office.
Portner: I have another question if I may. On your single family housing
residential establishments, do you have an idea of the average price per
house you are going to put in there?
Scott: We are looking at 1,300 to 1,500 square feet at $100 per square feet or
maybe a little less.
Portner: This is going to sound kind of dicey, I don't mean it to sound dicey, but
there are other places in town that shoot for a little lower socioeconomic
group that we have found out after a while deals with a lot of "thugs" and
stuff like that and so I don't want my property value to go around. You
can understand that, nobody would want that. It sounds like you're not
shooting for that. Of course, the old thing, we have got the kids going to
Happy Hollow there and I think they are overburdened with kids already
and shipping them out and the trash problem. I don't think we can do
much in front of the curve ball on that one.
Anthes: I don't see anybody else here so I will close it to public comment and have
a motion to table.
MOTION:
Shackelford: I will make a motion that we table PZD 04-1154 to the next regularly
scheduled Subdivision Committee meeting.
Subdivision Committee
August 13, 2004
Page 50
PZD 04-1159: Planned Zoning District (BEACON FLATS): Submitted by MORGAN
HOOKER for property located at 867 N COLLEGE AVENUE. The property is zoned R -
O, RESIDENTIAL OFFICE and contains approximately 0.69 acres. The request is to
approve a Planned Zoning Development with office space and 9 dwelling units proposed.
Anthes: Our last item of business this morning is R-PZD 04-1159 for Beacon Flats
and this one is Jeremy's.
Pate: You may remember, we have seen this property before with a Conditional
Use request. The property is located on the corner of College Avenue,
Cleburn Street and Pollard Avenue. It is zoned R -O, Residential Office
and contains approximately 0.61 acres. The site was formerly used as
Nick's Auto Garage. The applicant is requesting a Residential Planned
Zoning District approval for the .69 acre tract. Of course, the PZD does
entail a rezoning and large scale development approval. This particular
use is a mixed use development consisting of three buildings. The
applicant proposes to renovate the building at the comer of Cleburn and
College with a total of 2,500 sq.ft. office space. The connected building to
the west is to be demolished and rebuilt into two two bedroom apartments
and two one bedroom apartments with six parking spaces located
underneath and with existing access off of Pollard. An entirely new
building is also proposed onsite with five two bedroom apartments and
two parking spaces underneath each. The applicant is also proposing to
construct on street parking to meet the parking demands in this area along
with patios, landscape plantings, lighting and outdoor courtyards. In your
staff report I have itemized the square feet, the number of units and
minimum spaces required. The applicant is proposing 19 on site spaces
with additional space to park outside of each of the five units.
Additionally, they are requesting to construct 12 on street parking spaces.
The maximum density proposed on this property is 13 dwelling units per
acre for nine total units. The development is proposed to have one means
of vehicular access on the site on Pollard Avenue. All other access points
are pedestrian. The buildings and parking for the development have been
situated to create a desirable pedestrian oriented streetscape along two
fronts of Pollard and Cleburn. As I mentioned, parallel parking and
sidewalks are incorporated within the development and onsite parking is
located to the rear of the structures. Primary greenspace is located along
College Avenue with the addition of numerous plantings as shown on your
landscape plans. Careful selection of plants for the corner of Cleburn and
College is necessary to enable safe sight distance lines. This is an
intersection, headed to the east on Cleburn, the sight distance is
problematic here which does not allow landscaping to be planted along
that corner. Elevations of the proposed structures have been submitted for
Planning Commission review. All interior drives, landscaping of common
areas and buildings will be maintained by the developer. As you know,
this site is currently a derelict abandoned automobile service station. One
of the big issues with this proposal, College Avenue is indicated as a
Subdivision Committee
August 13, 2004
Page 51
principal arterial on the Master Street Plan with the dedication of 55' of
right of way required. The applicant is proposing a lesser dedication of
right of way to what BWR, our traffic consultants, identified a constrained
principal arterial. That is what they are requesting. That plan has not been
adopted but they just took an element out of it in this particular location.
They are asking for a constrained principal arterial dedication of 45' from
centerline along College Avenue. As you may remember, there is a large
retaining wall in that area. Any expansion of College Avenue would
require quite extensive construction, either removal of that wall and
construction of a new one or simply just go in the other direction. Staff is
in support of that request, which will have to go to City Council as a
separate item along with this PZD. You may notice that existing tree
preservation is 17% and preserved is 0%. Typically with a PZD we like to
see the maximum tree preservation requirements met however, in on site
visits with the applicant we determined that a certified arborist did need to
make an evaluation on these trees because they did seem to be in poor
health. That arborist's report is included here. I will forward it with your
Planning Commission report as well. The evaluation there is that the trees
on the site are in poor condition and subsequently, development on this
property will most likely make them hazard trees required to be removed.
Staff is recommending that this be forwarded to the full Planning
Commission with a recommendation for approval with sixteen conditions.
Anthes: Would the applicant introduce yourself and give us your presentation?
Cooper: I'm Tim Cooper. Basically this color board kind of explains what we are
trying to do and the existing conditions on the property. What we did is a
construction model to give you an idea of the topography and the retaining
wall. What we are planning to do is basically come in and renovate this
building and this portion, this is an entry and this would be the office
space area. This is the courtyard entrance and this would be the area that
we would raise. Right now the canopy goes over that. We will be moving
it and raising that. Basically, this is the area over here that accesses the
residential space and then this is the garage area below. There are two
bedroom lofts and one bedroom lofts. I am trying to just keep the actual
spaces of these garages and such to pull out just a little bit at the entry of
the project. We ended up getting rid of a few parking spaces here and here
so we will be landscaping that. The neighbors all support the project. We
are proposing access here.
Scott: I would like to mention that we have parking inside, six here and then
these have two cars inside.
Anthes: Would any member of the public like to address this PZD 04-1159?
Seeing none, I will bring it back to the committee for discussion. I have a
couple of questions. Obviously, we have seen a preliminary development
on this site. That received rather enthusiastic comments from the Planning
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August 13, 2004
Page 52
Commission as I recall. This seems to be in the spirit of that. Normally
this condition of the parking lot and what we are trying to do with College
Avenue might be in conflict with the height and the differential with the
retaining wall I don't have any problem with it at all. The Commercial
Design Standards, I think this meets all requirements. The dedication I
guess we have to wait for the paperwork to come through and then the
Planning Commission will hear that.
Warrick: We will have a specific administrative item for a lesser dedication of right
of way along College Avenue for an amendment to the Master Street Plan
to allow that lesser dedication of right of way. Planning Commission will
be asked to make a recommendation on that and then the City Council will
have a final decision to make. That is the same condition on Pollard
Avenue. We will look at the information that we have coming on that and
have that a little more formulated when we get to Planning Commission
and give you some action as to what we may or may not need you to take
on that.
Anthes: From our last discussion, I believe there was an issue about the sign and
whether to allow it to remain. It looks like it is maybe removed here.
Cooper: It is going to be removed. There is one issue. We are showing some
signage on the building itself and we are talking about a small, clean line
sign for a professional office. There isn't really a whole lot.
Shackelford: Just a small monument sign?
Cooper: Yes. The reason we haven't shown it is because I think we are going to be
able to accomplish it on the building instead of actually doing it out here.
It is such a huge issue if we did come out here it would be very cautious
because of the sight lines.
Anthes: We would want to see that design by the time of Planning Commission
and be able to review those sight lines. We have the conditions of the tree
fund payment. How is trash going to be handled here?
Pate: I actually have some new information in this report. If you could get with
Travis Dotson. You were probably showing this area here in the middle of
the site. I don't believe Solid Waste can access that. They would like to
speak to you.
Cooper: I will give them a call. There are two options that we are looking at and
that is to do some kind of community here where we use brick to come out
and make a space here and reverse to enclosures that they can access from
their garage and then be responsible to just pull them around.
Anthes: You mean carts?
Subdivision Committee
August 13, 2004
Page 53
Cooper: Right, do smaller carts. This is an option for this building to have a
structure out here that would be landscaped and they could access out here
and then come down. The other option is to actually come in through the
building in a private area and throw their trash.
Pate: You just need to contact Solid Waste and coordinate that. They usually
like to use the larger container for any commercial development.
Anthes: Are there any other comments?
Shackelford: Are there any of the conditions of approval that you guys have an issue
with? Have you had an opportunity to read those?
Scott: Yes.
Shackelford: Between now and the next Planning Commission meeting we are going to
address the solid waste and you are comfortable with all of the designs?
Anthes: Yes. The only thing I would remind you is that we would like to have a
materials sample board and color elevations on 8 'h" x 11" sheets.
MOTION:
Shackelford: Based on that information I will make a motion that we forward R-PZD
04-1159 to the full Planning Commission.
Anthes: I will agree with you. Are there any comments or announcements? We
are adjourned.