HomeMy WebLinkAbout2004-09-17 - MinutesMINUTES OF A MEETING OF THE
SUBDIVISION COMMITTEE
A regular meeting of the Subdivision Committee was held on Friday, September 17, 2004
at 8:30 a.m. in room 219 of the City Administration Building, 113 W. Mountain,
Fayetteville, Arkansas.
ACTION TAKEN
PPL 04-1176:
(CLABBER CREEK PHASES 3, 4 & 5, 283)
Forwarded
Page
PPL 04-1187:
(LOT 1 OF SPRINGWOODS PZD)
Forwarded
Page
LSD 04-1174:
(FAIR PARK CENTER, 287)
Forwarded
Page
LSD 04-1182:
(STEAK & SHAKE)
Forwarded
Page
LSD 04-1183:
(BRANDON/HASH MALL SOUTH)
Forwarded
Page
LSD 04-1185:
(NOODLES)
Forwarded
Page
R-PZD 04-1181: (WALNUT CROSSING SUBDIVISION)
Forwarded
Page 28
MEMBERS PRESENT
Jill Anthes
Christian Vaught
Loren Shackelford
Candy Clark
STAFF PRESENT
Jeremy Pate
Renee Thomas
Suzanne Morgan
Steve Hatfield
Dawn Warrick
Matt Casey
Brent O'Neal
MEMBERS ABSENT
STAFF ABSENT
Subdivision Committee
September 17, 2004
Page 2
PPL 04-1176: Preliminary Plat (CLABBER CREEK PHASES 3, 4 & 5, 283):
Submitted by GEOFFREY BATES for property located at W OF RUPPLE RD &
SALEM VILLAGE & N OF CLABBER CREEK PH. 1 & 2. The property is zoned
RSF-4, SINGLE FAMILY - 4 UNITS/ACRE and contains approximately 75.11 acres.
The request is to approve a preliminary plat of the subject property with 257 single-
family lots proposed.
Anthes: Welcome to the September 17`h meeting of the Subdivision Committee of
the Fayetteville Planning Commission. The first item of business is old
business, PPL 04-1176 for Clabber Creek Phases III, IV, and V. Would
the applicant come forward please?
Morgan: This is a request for an approval of a Preliminary Plat for three phases of
Clabber Creek. It is approximately on 75.11 acres and is zoned RSF-4 and
to be subdivided into 257 lots with 252 lots for development of single
family homes. This proposal was heard by the Subdivision Committee at
the last meeting of September 3, 2004. Discussion and public comment
were taken regarding internal street configuration, traffic safety as well as
connectivity, parkland and alignment of Rupple Road. The plat before
you reflects alterations in street alignment and lot configuration to include
an adjustment of alignment of stubouts, internal streets and reduction of
access to Rupple Road. Staff does recommend forwarding this
Preliminary Plat to the full Planning Commission with the following
conditions: Subdivision Committee approval of internal street
configuration, conditions placed on this are thirteen to include item one,
Subdivision Committee approval of adequate connectivity to adjacent
properties. 2) Subdivision Committee approval of appropriate internal
street configuration. Staff does find that a north/south connection between
Oak Valley Street and Bramwood Drive which is located at approximately
this location within this long row of lots continuing that north/south street,
lots 168 and 169. Other conditions include item seven, utility easements
along the rear of all lots should be reduced from 20' to 10' in width. This
will allow for utility access within those lots. Also, access is to be
restricted to interior streets for those lots fronting on Rupple Road and
street lights are to be placed a maximum of 300' apart on infrastructure to
be placed within the subdivision, as well as Rupple Road.
Anthes: Are there any other staff reports?
Casey: I don't have anything new to add since the last meeting other than there
has been some discussion amongst staff about the possibility of the city
cost sharing to widen Rupple to the full four lane section that is on our
Master Street Plan. That is in the preliminary stages right now so I don't
have a recommendation at this time.
Subdivision Committee
September 17, 2004
Page 3
Pate: As you are aware the Subdivision Committee voted to table this item the
last meeting. Revisions have been made which the Landscape
Administrator finds to be suitable. Lots one through fifteen, street
configuration has changed north of Lot 14 to preserve some additional
trees there. Additionally, the lots have been extended by about 20' to 25',
they have been enlarged in that location, which was one of the
recommendations as part of our last Subdivision Committee meeting.
Anthes: Would you guys introduce yourselves and tell us about the changes that
have been made since our last meeting?
Bates: I'm Geoff Bates, the engineer on the project.
Barnes: I'm Bleaux Barnes here for BMW.
Wray: I'm Curtis Wray, BMW.
Bates: One of the main things that we did was shift everything over and increased
all of these lot sizes to save the trees along this back line. There are trees
here so we moved this intersection here to save all of those trees. We got
rid of the long, straight line streets. We got rid of this long cul-de-sac.
Anthes: Also, is this now a trail connection?
Bates: There is a detention pond here. There will be access right there.
Barnes: We did what was asked before when we were tabled. We made a
conscious effort to meet with city staff and redesign. City staff had input,
Dawn had input. This is the redesign we came back with. The initial
design we had 256 sellable lots, we now have 252 sellable lots. We feel
like we have made a conscious effort to try to help with the elongated
streets that we had before.
Anthes: Thank you very much. Would any member of the public like to address
this Preliminary Plat? If you would come to the podium and sign in.
Scott: My name is Robert Scott. My wife Shannon and I have a contract on a
property within Salem Village which will join the Rupple Road extension.
We have some concerns with respect to Rupple Road. We understand that
it is going to be a minor arterial, which s a fairly heavily trafficked road.
We also understand that when the Salem Village subdivision was
approved that instead of dedicating a full 45' easement for Rupple Road
only 35' was dedicated. Also, the road was to be straight with the
extension to the south and Clabber Creek, it moves it even closer than off
center of the dedicated easement to the Salem Village subdivision so there
are several single family homes there that will be exposed to the traffic of
Subdivision Committee
September 17, 2004
Page 4
a minor arterial and we have safety concerns about that. What we wanted
to request to be considered was perhaps a different arrangement for getting
traffic through there. For example, moving Rupple Road over, bending it
or something else. Second, that a plan for mitigation of the negative
impacts to the adjacent property owners caused by Rupple Road be fully
worked out before the subdivision is approved and that would include
things like a fence, trees, things like that, to both create a barrier to make it
safer for the adjacent property owners and create a barrier by cutting down
on noise. The third thing, we have a question on what is the traffic
estimated to be on Rupple Road a year from now, two years from now,
five years from now. It seems like it will just keep going up so we think
that is something that is to be fully considered before this subdivision is
approved. Thank you.
Anthes: Thank you Mr. Scott. Would any other member of the public like to
speak? Seeing none, I will close it to the public and bring it back to the
committee. Perhaps we could have Ms. Warrick or Mr. Casey address Mr.
Scott's comments about Rupple Road and our Master Street Plan.
Warrick: I will start. Salem Village is a subdivision that was originally approved as
a development in 1995. Rupple Road was on the city's Master Street Plan
as a minor arterial at that time. It was discussed when that project went
through the development review process. It was approved in it's
configuration with accommodations being made for the extension of
Rupple Road as a minor arterial. In 1998 when the Final Plat was filed it
was still on the Master Street Plan and still recognized as such. The
extension of a minor arterial is something that we see in various locations
throughout the city in order to provide a circulation system within
Fayetteville in order to get people from place to place. One portion of
Salem Village that was the western edge of Salem Village was designed in
a manner in which the alley way behind the structures is the closest thing
that will adjoin Rupple Road itself. The road will not, based on this
development, be any closer to Salem Village than the existing edge of that
subdivision. This is not pushing the road any closer to the development
than it would have been had that street been built when Salem Village was
originally developed. I'm not sure what else to add on that. That is what I
know just looking back on the history of the project back in March or May
of 1995 when Salem Village was originally approved in this configuration.
There was quite a bit of discussion with regard to Rupple Road being a
minor arterial and whether or not the developer of Salem Village would
actually be doing any construction on Rupple Road. It was determined at
that time that they would not. They would be making a monetary
contribution to the improvement and extension of Rupple Road. Because
of the constraints that this developer is going to have to undertake with
regard to building a bridge over Clabber Creek.
Subdivision Committee
September 17, 2004
Page 5
Anthes: As these kinds of extensions and traffic studies, we would say that as we
do other subdivisions in town, that is a minor arterial and we are requiring
the same of this developer as we would of other developers?
Warrick: Yes we are. In fact, in order to provide access to this site this developer
will actually be building more than what a different developer may be
doing. Because of the location of this project it has to have access and
extending Rupple Road is really the only appropriate way to do that.
Therefore, they will be building the bridge that nobody has undertaken in
the past to make that connection. As Matt mentioned previously, the city is
looking at the possibility of cost sharing to widen this street to it's full
minor arterial section. At this time normally we look at just the
improvement being a residential street section, 28' with sidewalks shifted
quite a bit away from that so that in the future the street itself could be
widened to the full 48' section. The City Council is interested in ensuring
that we have street infrastructure in place when the need is there as
opposed to after the fact. That is something that we feel is appropriate to
look at with the rate of growth that we are seeing and with the amount of
traffic that is being generated by the new development is certainly
something that needs to be addressed so the city is looking into the
possibility of going ahead and making this a full minor arterial at the time
that this street extension is built with this project.
Anthes: Thank you very much. Commissioners, are there any comments regarding
these issues or any of the items? I guess we will look at the conditions of
approval. Condition one, looking at adequate connectivity to adjacent
properties. Is there any comment on that?
Shackelford: I was just going to comment that I think it meets what we are looking for
connectivity. There is adequate connectivity to the north, west and really
because the barriers that Clabber Creek has, there is not any ability to
connect to the south. I think it meets the issues there.
Anthes: The main issue of course, is the north south street. A lot of changes since
our last meeting is the internal street configuration. Do we have any
comments on these changes.
Vaught: My only question would be what the applicant felt about the connectivity
recommended.
Bates: We would lose two more lots and get the long, straight streets again which
we were trying to avoid. That is why I moved this over. It would've been
the same thing north and south as we had east and west.
Warrick: I was just going to add that we did meet with the developer and their
representatives and I think that we had some good conversation about
Subdivision Committee
September 17, 2004
Page 6
potential modifications. They did take a lot of direction from staff and
came back with a project that addresses a lot of concerns that were
mentioned at the last Subdivision Committee meeting. We don't have any
blocks of houses that are longer than about 1,000 feet so it is well within
our block and lot structure as far as between our minimum and maximum
range. The only recommendation that we thought would merit at least
discussion, and this is solely up to the Subdivision Committee, was the
possibility of extending that central north/west street further to the south
just because what we saw was that the block of lots that basically starts
with 251 and travels all the way through to lot 65 towards the west, we
looked at that as a potential long block. Having that break basically half
way through it was something that we thought would merit a discussion.
With the width of some of the lots I think you might be able to do it by
just losing one and shifting things around and fronting a couple of the lots
on that. That was just a recommendation to review. We are not
dissatisfied with the configuration that the applicants brought back to us.
We believe that they did follow the direction of staff and the Subdivision
Committee from the last meeting but that was just the last item that we felt
merited some discussion.
Anthes: Just looking at this, I understand the developer's hesitance here based on
some other things we've talked about earlier. You could make a
connection through and do a shorter block here. Commissioners, do you
believe that is necessary?
Bates: I don't think it would work because the corner lots have to be bigger and
there is not enough room.
Bates: We were asked to make a conscious effort to look at the street design and
we have done that with staff's recommendations. We are at a point that
anymore lot loss is going to hinder the offsite improvements that we have
to make and improvements through the subdivision. We came back
through here with the loss of four lots, and I know that is not the issue, but
it becomes an issue for us. How many improvements can we continue to
make minus lot sales. We feel like we have come back with a good design
and staff and Geoff have both been involved with this design.
Shackelford: I think that this proposed design meets what we asked them to do. I think
there is a lot of traffic calming that has been created by the new
development, the new design and the length of that block given that there
is some right angle turns associated with it, I don't really have an issue
with that so I think that I would support it as it is drawn on this second
drawing.
Anthes: Can you tell us about the street sections now on these?
Subdivision Committee
September 17, 2004
Page 7
Bates: This is a 28' street and I believe everything else is 24'.
Barnes: No, this is 28' here, here and here. We have the 28' sections based on
Matt's recommendations to Geoff once we designed the reconfiguration of
the streets.
Anthes: Matt, that meets your approval there?
Casey: Yes, we like to see the streets that are going to carry the largest amount of
traffic to have that wider section.
Warrick: The other thing that they have done is instead of just going to a standard
40' right of way they have gone to a 42' and I believe that is to include
sidewalks on both sides of the narrower streets as well as the wider ones,
which staff appreciates. We did encourage them to include those
sidewalks on both sides, which is not part of our adopted section for local
streets. Some of the other changes that I think are significant and positive
that we've seen in this we've eliminated one access to Rupple which was a
good solution to the number of curb cuts that were proposed there. As
Jeremy stated in the tree preservation review earlier, the connection to the
west was made to the north to provide additional tree preservation
possibilities around Lot 15 and still have that connection to the west was
also important.
Anthes: Those are all very positive changes. The sidewalks was a major issue and
the fact that the development will have that on both sides of the streets are
very good.
Vaught: Have you guys reviewed these?
Barnes: Yes.
Vaught: Do you have any issue with this?
Barnes: No.
MOTION:
Vaught: I appreciate the work you guys have done. I know we asked you to go
back and look at it but I think this is greatly improved but I think it is
going to benefit the city and everyone living here. I especially appreciate
you working to save the trees and the street design. With that, I will make
a motion to forward this to the full Planning Commission.
Clark: I will second.
Subdivision Committee
September 17, 2004
Page 8
Shackelford: I have one question. The trail connectivity, does that need to be shown on
the plat?
Hatfield: I think that is one of the conditions.
Morgan: There were several Technical Plat type comments, just because this was a
new drawing that we had to review again.
Warrick: This was a really quick turn around from the time that we met to the time
that they needed to get this in so that we could distribute this for you. We
have a couple of plat updates that we still need to get on that and we can
work with Geoff and get that taken care of.
Shackelford: I will concur.
Anthes: Thank you. We will see you in a couple of weeks.
Subdivision Committee
September 17, 2004
Page 9
PPL 04-1187: Preliminary Plat (LOT 1 OF SPRINGWOODS PZD): Submitted by
PATRICK HARGUS for property located at LOT 1 OF THE SPRINGWOODS C-PZD.
The property is zoned C-PZD, COMM. PLANNED ZONING DIST. and contains
approximately 30.77 acres. The request is to approve a preliminary plat for a commercial
subdivision with 22 development lots proposed.
Anthes: Item number two is PPL 04-1187, Lot 1 of springwoods PZD, will the
applicants come forward?
Vaught: I will be recusing from this item.
Anthes: Thank you.
Pate: The subject tract is Lot 1 of the C-PZD for springwoods approved in
October, 2003. As you know, the property was formerly zoned I-1, Heavy
Commercial/Light Industrial before being rezoned and designated for
specific uses under the Planned Zoning District designation. Lot 1, the
subject lot, was designated in the rezoning process, for Use Units 12
through 17 and 25 which are itemized on your plat under use units
allowed. Those are your typical commercial, office type restaurant and
eating place type uses. Lot 1 consists of approximately 47 acres, 34% of
which does have tree canopy. The remaining area existing is grassland
and wetland areas. The zoning of Lot 1 allows primarily for commercial
land use as mentioned previously. The property is currently vacant
located west of Shiloh Drive and I-540 north of Moore Lane and bound on
the north and west by Lot 8 preservation area. A 404 Permit has been
issued from the U.S. Army Corp. of Engineers for the subject property
identifying the criteria for the impact to regulated wetland areas by
preserving and enhancing wetland areas to Lot 8. This proposal is a
Preliminary Plat approval for a commercial subdivision with 22 lots
proposed. Lots 5 and 9 are retained as regional detention for this entire
subdivision with the exception of lot 22, which is identified as a lot
reserved for Audubon use. The remaining 19 lots are proposed for
commercial and/or office use subject to the restrictions in the covenants
for the Final Plat and the PZD which are attached. A draft of covenants
for this particular Lot 1 has also been submitted addressing proposed
building materials, height, signage, lighting and landscaping among other
items. All proposed development within Lot 1 shall meet or exceed the
minimum standards in our Unified Development Code for commercial
development. The applicant has also presented some dramatic
architectural examples of how the subdivision is intended to be developed,
along with some photographs of existing development which has been
provided for the Planning Commission.
Anthes: Would you also like to give the Landscape Administrator report?
Subdivision Committee
September 17, 2004
Page 10
Pate: Sure. Currently there are two options for commercial subdivisions with
regard to tree preservation. One is to go through and survey every tree on
the site and determine the feasibility of design with regard to preserving
those trees. The other option the applicant has is to do an infrastructure
only tree preservation plan. It is up to the Landscape Administrator to
recommend whichever one of those. Potentially, it could have the best
and highest tree preservation. In working with the staff with EGIS I have
recommended that they go through an infrastructure only option and they
have worked very well with citing the easements along lot lines so as to
not unnecessarily remove tree canopy as well as the actual primary street
that is proposed through this subdivision is located for the most part,
outside of a tree canopied area. The existing canopy is 34.76% and
preserved is 29.55%. With this option all tree canopy removed, the
developer at this time with infrastructure development prior to Final Plat
does have to compensate into the tree fund for those trees removed and
then with the development of each individual lot that lot owner and
developer will provide a separate tree preservation plan. A couple of other
things in the staff report, I will let Matt go over proposed street
improvements. There are a few unique things because this is the overall
PZD project along Shiloh Drive. Additionally, with regard to
connectivity, the property of course, is bound on the west by existing
wetlands and future mitigation areas. Staff is not recommending any
connections to that area. They have provided an east and south connection
to Shiloh and Moore Lane. Staff is recommending forwarding this
Preliminary Plat to the full Planning Commission. There are a number of
conditions, 20 in fact. Most of those I believe are fairly standard
conditions. Street improvements, 6' sidewalks along interior streets as
well as a trail. Mr. Hatfield may be able to talk about that a little bit more
along Shiloh Drive which is identified as part of the trail master plan. Of
course, as I mentioned, development for Lot 1 shall be subject to those
regulations approved as the overall zoning and subdivision plat for the
PZD. Individual developments shall utilize design elements per our
commercial design standards to achieve compatibility, a sense of unity and
a recurring identifiable theme within the commercial subdivision as a
whole. That is really the purpose of presenting these photographs to you
to see what types of development they are expecting there. Each of these
lots will come through the Planning Commission for Large Scale
Development review and all will be subject to the design overlay district
criteria. I can answer questions that you may have about the other
conditions.
Anthes: Are there other staff reports?
Casey: As Jeremy mentioned, this project is unique in that street requirements as
discussed when this came through as a PZD, our recommendation was that
when Lot 1 develops the entire frontage of Shiloh Drive be improved.
Subdivision Committee
September 17, 2004
Page 11
That includes lot 1 frontage as well as Lot 8. The applicant has shown on
these revised plans the street improvements to extend offsite from Lot 1.
We will be seeing the street improvements along Shiloh Drive for the
frontage of Lot 8 and Lot 1 to be adding curb and gutter as well as a trail
that Mr. Hatfield could probably discuss. Originally at Plat Review we
just saw improvements along Shiloh across Lot 1 and they stopped short
of the full frontage. That has been corrected and extended the entire
distance. We don't have offsite sheets showing the entire lane but it will
be done.
Warrick: Just a clarification, when we are talking about Lot 8 and Lot 1, Lot 8 is the
125 acre preservation property and Lot 1 is the entire tract of land that we
are looking at for this subdivision. We are not looking at Lot 1 of Lot 1,
just to make that clear.
Hatfield: Shiloh Drive has been shown on the Trails Master Plan as a trail corridor.
I have a couple of comments concerning the amount of easement. It looks
like we are showing 16'. Our typical standard cross section for a trail is
12' with 2' shoulders, which is a total of 16'. My only question would be
normally on this type of trail we will have signage. It has to be a certain
number of feet off of the trail so we may need to work out the details of
how we maintain that signage if it isn't within our easement. Typically it
is 2' off of the shoulder so I would like to work that out. Also, any
signage and the stop signs for the vehicular traffic coming out of the
development, I would like to be able to coordinate the location of those
stop bars so that they are not stopping right in the middle of the trail.
Anthes: Are there any other staff reports? Will the applicants introduce
themselves and their project?
Hargus: My name is Patrick Hargus with EGIS, here for the developer Hunter
Haynes.
Haynes: Hunter Haynes, Haynes LTD, the developer.
Barnes: Manuel Barnes, EGIS Environmental.
Anthes: Are there any comments in addition to the staff comments?
Hargus: I do have a question for Steve. Were we correct to assume that that 16'
trail needs to go the entire length of Shiloh, even in front of Lot 8?
Hatfield: That is correct.
Hargus: I guess the other question I had is we had placed that inside the right of
way where it fronts Lot 8, is that acceptable as well? The reason we did
Subdivision Committee
September 17, 2004
Page 12
that is that it would further impact the wetlands if we put it on the other
side.
Hatfield: I haven't studied it. Is it on the edge of the right of way?
Hargus: Yes.
Hatfield: Then that is fine.
Anthes: Would any member of the public like to address this Preliminary Plat?
Seeing none, I will close it to the public and bring it back to the
committee. Jeremy, with regard to the regulations and covenants,
obviously, we haven't had a chance to review those. Have you reviewed
those and is there anything that we need to point out?
Pate: I have looked over those. The first section that you have, the one that has
a draft on it, is the draft covenants for this subdivision. The last covenants
are filed, that is the ones that went through with the PZD. With this, the
developer actually probably knows a bit more. I did notice that they did
address some building heights, materials, they are limiting, those would all
fall into our design overlay district requirements for materials. Those are
on page five of the covenants under Article VI, landscaping, driving,
parking lots, sidewalks, building heights no taller than 75' or six stories.
Building materials, lighting, signs, etc.
Anthes: Are you satisfied with those requirements?
Pate: Yes.
Anthes: It appears to me that the developer is showing 16' private public access
easements along Shiloh Drive, that is what you asked for correct?
Hatfield: I believe so.
Pate: I believe if I understand it correctly, the trail is 12' wide with a 2' shoulder
on either side for a total of 16' with signage another 2' off, that just needs
to be worked out at the exact location.
Haynes: On your signs, how many signs would you typically put on that long of a
frontage?
Hatfield: We have certain restrictions on curve radii if we have any curves that are
under 90' we have to have a curve sign. Stop signs at all intersections or
yield signs, hazard signs for a drop off.
Haynes: Are those the signs that you were referring to for the trail system?
Subdivision Committee
September 17, 2004
Page 13
Hatfield: There may be at some point informational signage as well but mostly
directional.
Pate: I would mention as well as part of the plat that you see in the notes as
number one and number two, as well as I believe one of the other notes
that mentions fencing, we were looking at a lot of similar conditions as lot
3 and 5 with regard to interface on this development and the wetlands.
They have essentially complied with all of the requirements as set forth by
the Planning Commission in those meetings and approvals of the
Preliminary Plat. We will see the same type of fencing required with
those lots facing onto this wetland area, Lot 8, as well as a vegetative
transition zone, just for your information.
Barnes: I might go ahead and mention that there has already been the installation
of about 2,000 feet of green forest trenched silt fence between the
proposed development and the protected conservation area, Lot 8 on this
commercial Lot 1.
Anthes: We are recommending forwarding to the full Planning Commission so we
will have the ability to see this there. It looks to me like this is fairly
straight forward. We have one main road, you have complied with the
drainage requirements, worked with Engineering and the visibility to the
conservation easement may be talked about as we talked about on the
other lots.
Shackelford: Have you guys had a chance to review the proposed conditions on this?
Hargus: No not yet.
Shackelford: I was just asking if prior to the full Planning Commission review if there
was anything else that we needed to visit about at this level.
Pate: I would mention that staff and the applicant has worked quite a bit on this
project in particular, numerous site visits regarding tree preservation. Also,
they have two bus turn offs here within their street improvements on their
new street.
Hargus: Did you have any particular questions for us?
MOTION:
Shackelford: I just wanted to take this forum to have any conversations on any other
issues prior to it being forwarded to the full Planning Commission. With
that being said, I will make a motion that we forward PPL 04-1187 to the
full Commission.
Subdivision Committee
September 17, 2004
Page 14
Clark: Second.
Anthes: I will concur. We will see you in a couple of weeks.
Subdivision Committee
September 17, 2004
Page 15
LSD 04-1174: Large Scale Development (FAIR PARK CENTER, 287): Submitted by
MEL MILHOLLAND for property located at MCCONNELL AVE, EAST OF I-540
AND NORTH OF FAIR PARK APARTMENTS. The property is zoned C-2,
THOROUGHFARE COMMERCIAL and contains approximately 2.39 acres. The
request is to approve a commercial development of 27,502 sq.ft.
Anthes: The next item on the agenda is LSD 04-1174 for Fair Park Center. Will
the applicant come forward?
Pate: Just before the meeting I passed out these smaller elevations for your
review. This property you have all seen before, fairly recently, back in
October of last year. The Planning Commission granted approval of a
Large Scale Development on this property for the Metro Collision Repair
Center off of McConnell Avenue facing onto I-540. Subsequent to those
approvals, the developer did submit for and obtain grading and drainage
permits, they filed an easement plat dedicating right of way and filing of
record all utility easements and tree preservation easements and essentially
got everything to start construction. There is a new project on this
property. The current project is entirely a different nature though the tree
preservation and grading and drainage will still remain applicable. Due to
the changes proposed though, a new Large Scale Development is required.
Just as a reminder, this 2.39 acre site is accessed from McConnell Avenue
west of Garland Avenue. The site is located between the Southwestern
Bell facility to the north and Fairpark Apartments to the south. The
property does have frontage onto I-540 and McConnell Avenue, located
within the Design Overlay District and is zoned C-2. With this proposal
the applicant is requesting approval to construct an approximately 27,502
sq.ft. retail outlet center which is envisioned by the applicant for users that
require limited display and retail area with storage for warehouse space for
their product lines in the back. Fifteen different use units are proposed,
each to access from separate points, both in the front and the rear. Due to
the nature of this business proposed a Conditional Use Permit is required
to allow Use Unit 21, warehousing and wholesale within a C-2 zoning
district. Storage is allowed for retail and commercial businesses as we
have reviewed in several projects recently, and it is allowed by right as
long as the area of storage is secondary to the principal use. Based on the
applicant's description of the project, there is potential that the storage
space in each of the proposed 15 units might exceed actual retail display
commercial space, a situation which would not allow Planning to issue a
building permit or to issue a Certificate of Zoning Compliance unless each
individual business then requested a Conditional Use. Staff finds that it is
more appropriate for the applicant to request a use of this nature at this
time. They have done so, their Conditional Use request is in process and
this will need to track forward with that Conditional Use process to the
next Planning Commission. Staff also recommends that each unit and
tenant have a set minimum percentage of area dedicated to retail
Subdivision Committee
September 17, 2004
Page 16
commercial use should the Commission find favorably to allow storage
use on the subject property. That will be further investigated and listed in
the findings for the Conditional Use. Most of the right of way and utility
easements have already been granted and recorded. McConnell Avenue,
the same street improvements as you saw on the last Large Scale,
improvements approximately 14' from centerline. The tree preservation is
exactly the same as what you saw the last time. There are 34 new trees to
be planted on this site. Staff is recommending forwarding LSD 04-1174
to the full Planning Commission with 15 conditions of approval. Planning
Commission determination of street improvements, the waiver request for
the required 200' between curb cuts. Staff is in support of that and the
Planning Commission did vote in favor of that request in the last proposal.
Planning Commission determination and approval of commercial design
standards. They have provided elevations and material samples here
today. There were some changes from Technical Plat Review and staff is
comfortable with the changes that have been made. Of course, the
Conditional Use request does need to be approved prior to the Large
Scale. A complete landscape plan per Chapter 172 and Chapter 166
identifying, by ordinance, the landscaping plant species and size to be
indicated at this time for Planning Commission review. I believe
everything else is pretty standard.
Anthes: Thank you Jeremy. Can we have additional staff reports?
Casey: I might add that the site does currently have an active grading permit
issued and some of the construction work is already done with the
previous Large Scale. The pond has been installed, some of the retaining
wall has been installed and the water main has been extended.
Construction has ceased at this time though to obtain the approval from
the Planning Commission of this revised Large Scale.
Anthes: Thank you. Would you introduce yourselves and your project?
Jefcoat: I'm Tom Jefcoat with Milholland Engineering.
Ramsey: I'm Jim Ramsey with Paradigm Development.
Hoskins: Tracy Hoskins, Paradigm Development.
Anthes: Do you have any comments to make in addition to the staff comments?
Jefcoat: No, we concur with all of staff s comments. We will provide the sidewalk
entrance off of McConnell Avenue and the repairs. Note nine about the
metal fence chain link on the north side of the property, we will correct
that and work with you on that. I'm not sure exactly what was indicated
there.
Subdivision Committee
September 17, 2004
Page 17
Pate: There was a security fence there along the north.
Jefcoat: There is an existing security fence there already that does not belong to us.
Pate: Ok, so this is not a proposed chain link security fencing with screening
slats and/or vegetative vines?
Jefcoat No it is not. That is with the vines, that was previously because of the
need for the use that was previously used so we will work with you on
changing that. That won't be a problem.
Anthes: Would any member of the public like to address this Large Scale
Development? Seeing none, I will close it to public comment and bring it
back to the committee for questions.
Clark: Jeremy, tell me more about the trees. I'm seeing that we've got 40' and
35' trees labeled here and these are judged as fair? Am I going to see
some of these saved with the development?
Pate: Probably not. I'm not sure if you were here for the last Large Scale
Development here. Essentially, the grading and drainage permits that
have been issued, I believe everything has been removed already on the
site. They have recorded tree preservation easements per the last Large
Scale Development approval and per that recommendation by the
Landscape Administrator and the Planning Commission, 34 new
mitigation trees are required to be planted on site. Those are located, as
you can see, on your plans here. The ones that are
Clark: I've got the mitigation. I know where the mitigation trees are going to go.
Pate: The ones that are preserved are located along, there's a small are along
Fulbright and then there's a larger area there outside of the detention pond
proposed.
Clark: Okay, so these trees have already been removed?
Pate: Yes, that's my understanding.
Anthes: Okay, let's go through the conditions. We have a determination of street
improvements. McConnell Avenue is improved 14 foot from center line
and six foot sidewalks. That looks pretty standard. The second condition
is a waiver request for the 200 foot between curb cuts in the Design
Overlay District. We don't have a lot of choice on this piece of property
from the looks of things. And let's look at commercial design standards.
If you'd like to tell us about the materials.
Subdivision Committee
September 17, 2004
Page 18
Jefcoat: Well, here they are. We found a piece of laminate, plastic laminate, that
looks similar to the metal, so we brought that instead of the actual metal.
And also the brick that we were using, turns out that the one we cut is on
one of the greyer bricks, they actually have more of the color in them to...
Anthes: So it'll appear more like the drawing.
Jefcoat: Yeah, it'll be more like that. Mixing some block and some brick, and then
also an efface system. The metal trim and the canopies will both be silver
color.
Anthes: What kind of signage will you be allowing on this building and how will it
contribute to the facades?
Jefcoat: What we're shooting for is this: small, similar signage, not random type
signs, but a standard sign over each unit in the space above the canopy.
None of them sticking up above or anything like that.
Anthes: And we're in the Design Overlay District, staff any comments about
signage?
Pate: Correct me if I'm wrong, I believe one business is allowed, each business
is allowed one wall per sign in the Design Overlay District.
Warrick: That's right.
Casey: I think that overall the project meets the standards. The only side that you
know we would have an issue with would be the back side, but I believe
that backs into a pretty big hill there doesn't it, with some tree coverage?
So I don't think that's going to be visible from 540. I think that the front
half will, and I do think that that meets our design standards.
Pate: I would mention as well the grade there between the property to the south,
which is in Fair Park apartments and this property, there is a retaining wall
there and quite a bit of change in grade. I remember Matt and I were
looking at, I believe it is 10-12 feet in some locations.
Casey: Yeah, I think that will screen most of the back, even at this far end
because of that huge tree and then the grade as well. I'm comfortable with
it.
Clark: The back of it I have no trouble with, the front of it I have a little bit of
trouble with only because one half of the, it doesn't look very articulated
on this side of the.
Subdivision Committee
September 17, 2004
Page 19
Jefcoat: That's the end of the building.
Clark: That's the end of it? What does the front of the building look like?
Jefcoat: Similar, only longer, like this right here. Extend it the whole way down, it
looks like it flattens off, then it arches right here.
Clark: That looks great.
Anthes: The rest of these look fairly straight forward. Any other comments?
Shackelford: I have one question. Tom, how big is the project that was originally
approved for this?
Jefcoat: I think it was around, right at 10,000 or 12,000 SF total.
Ramsey: No, no, it was 15,000, and then the offices were about 3,000 and then a 2 -
story area of another.
Shackelford: Just curious, I couldn't remember.
Pate: 15,000 SF and a 4,000 SF office.
Casey: The configuration was very different is what I remember, because it had
that small access down the side and all the parking was in the rear.
Jefcoat Which is one of the reasons why we decided to change what we were
doing on this site. We thought this was more conducive, better use of the
property.
Shackelford: Seems to fit on the property better.
Clark: This would be the second project that I haven't seen the preliminary
hearings on, and just tuning in today. As with the other one, it looks like
the changes you've made are great. I have no questions whatsoever and in
that vein I will move that we forward LSD 04-1174 on to Planning
Commission with stated conditions of approval.
Shackelford: I'll second.
Vaught: I'll concur.
Anthes: I'll see you in a couple of weeks.
Subdivision Committee
September 17, 2004
Page 20
LSD 04-1182: Large Scale Development (STEAK & SHAKE): Submitted by
ENGINEERING SERVICES, INC for property located at LOTS 1, 2 AND 3 OF THE
CONCURRENT PLAT OF THE NORTHWEST ARKANSAS MALL. The property is
zoned C-2, THOROUGHFARE COMMERCIAL and contains approximately 1.10 acres.
The request is to approve a 4,180 sf restaurant with 51 parking spaces proposed.
Anthes: Fourth item today is the Large Scale Development, 04-1182 for Steak and
Shake. You know the drill, you're here. And this one is Suzanne's.
Morgan: The subject property Lot 1 of the concurrent plat of the Northwest
Arkansas Mall approved by the Planning Commission on July 26, 2004.
The property contains 1.1 acres and is zoned C-2. Surrounding properties
are also zoned C-2 Thoroughfare Commercial. It is located east of Mall
Avenue and north of Georgetown Square drive, which are both private
drives of this location and part of Lot 4 of the Northwest Arkansas Mall
concurrent plat which contains the majority of the mall property,
approximately 100 acres. There is an existing access off of Mall Avenue
Drive onto this property. This property has been used for several different
things including gravel parking and that is the access by which it has been
used. The applicant proposes to construct a 4,180 Steak and Shake
restaurant with 51 parking spaces, to offer inside seating as well as a
drive-through. Additional cross access is proposed to the north and east
for future developments and connectivity. Building materials consist of
efface, stone wainscoat, awnings as well as lights to illuminate projected
comers of the structure. Mall Avenue and Georgetown Sq. Drive as
previously stated are private drives at this location. Staff is not requesting
that these be dedicated, however, we do request an access easement along
Mall Avenue from the existing right-of-way to the north of this property
line such that public access will be available at all times, and unrestricted.
Staff does recommend the LSD be forwarded to the full Planning
Commission with 15 conditions of approval. I'll just kind of go over those
for you. The first condition of approval addresses Planning Commission
determination of sidewalk construction along the property boundary to
provide pedestrian access. Staff does recommend construction of a six
foot sidewalk along Mall Avenue and Georgetown Sq. Dr. located at the
property line. Item #2, Planning Commission determination of adequate
and safe access to the subject property. The Fire Department has
expressed concern with only one access provided to this sight. Staff will
continue to meet with the applicant to resolve any outstanding issues
regarding to access prior to Planning commission consideration. There is
a memo in your staff report from Chief Curry, regarding the access issues.
If access is provided to Georgetown Sq. Dr., street improvements shall
include a 20 foot wide paved service adjacent to the property with
pavement section to sustain weight of emergency vehicles. Item #4,
Planning Commission determination of compliance with design standards.
Commercial design standards -staff feels or recommends compatibility
Subdivision Committee
September 17, 2004
Page 21
with adjacent developments with use of similar colors as well as building
materials. And to specifically address materials, color, lighting on
projecting corners and compatibility, I've included commercial design and
development standard requirements in that finding for you to easily refer
to. Also prior to the Planning Commission consideration the concurrent
plat of the Northwest Arkansas Mall subdivision shall be filed for record, I
believe we did receive that this morning prior to this meeting. Also,
dedication of access easements as previously mentioned for the full width
of Mall Avenue as well as access easements within the property to allow
for cross access to the north and from the northern property to the east, as
well as any additional off-site utility easements for the extension of the
proposed sewer. The majority of the comments, some are particularly
obtaining to landscaping, which I will let Jeremy handle.
Pate: For Tree Preservation on this site, there are no trees currently existing.
That requirement was waived. With regard to the landscape plan, there
are two small comments, index and plans shall include the size of all trees
and plants do need to be legible on the landscaping.
Anthes: Are there other staff reports?
Casey: I'll add a little bit on the sidewalk issue. I met with our sidewalk
administrator, Chuck Rutherford, and Mr. Moore out on the site during
this week to discuss the sidewalk issues. Staff feels that sidewalks can be
provided along this site as well as the next LSD we'll be seeing to the
north. Georgetown Sq. Dr. and Mall Avenue are private drives and they
will be providing access to this site, and we feel like pedestrian access
should be provided as welt. I might add that the curb radius at
Georgetown Sq. and the Mall intersection, they did have depressions in
the curb for future handicap ADA ramps to be installed. So it appears that
when these private drives were constructed, they anticipated the
construction of sidewalk in the future. So our recommendation would be a
six foot sidewalk located adjacent to the curb where there's adequate
space and that the ? will permit the construction. And that's all I have.
Anthes: Thank you Matt, Parks?
Vaught: Question if you don't mind Matt.
Georgetown Sq. side only?
Casey: Georgetown Square and Mall Avenue.
Vaught: Okay thank you.
Six foot sidewalks, is that on
Anthes: Applicants introduce yourselves and your project.
Subdivision Committee
September 17, 2004
Page 22
Moore: I'm Brian Moore with Engineering Services, Jay Snapple's here as well as
Mike Stennett, who's the owner of this Steak and Shake. Really, I think
there are only two major items on this. To give you a little history of the
sidewalk, Mall Avenue and Georgetown Sq is not our property, it's Mace
Rich's property. We can try to get an easement from them to put the
sidewalk there, our property line actually ends here and here, it's about 15
feet shy of the curb on the south side and probably 10-15 on the west. We
can try to get some kind of easement from them to put that, but that was
the only reason that we really feel like we may not be able to put the
sidewalk in. They're a pretty big corporation and sometimes it's not as
easy to deal with. That's the one issue. The other issue is the two
accesses. Mike here would love to have the second access up in
Georgetown but the grades just prohibit us from doing that. There's about
a six to eight foot drop from the curb up to the edge of our curb. So, he
would love that. In fact, we tried to put it before our first submittal, and
you just can't make it grade out right on the side like this. What will
happen in the future, we've got an access to the east that this is also owned
by Mace Rich, and we'll have cross access agreements with them to where
we can get access over here. Further to the east, it is a little bit less that
they will have to access Georgetown Sq. for this site. So it will kind of be
like the Best Buy parking lot if you will, you know they have the one
access, and then you have to turn east to go to Best Buy and west to go to
the shoe store, and there's two accesses on the end. That's kind of how it
will actually end up being. This will actually function, I believe, as a city
street once we get the property to the east built. There may be some way
that we can provide a temporary S132 access and maybe go ahead and do
the Georgetown. We'll get with Mace Rich on that to maybe give the Fire
Department access that way until that property is built. That's really all
I've got. We agree with all the other comments and have no objections
whatsoever. We'd be happy to answer any comments you have.
Anthes: Would any member of the public like to address this LSD? Please come
forward and sign in.
Matthews: My name is Will Matthews. I own the McDonald's restaurant right
adjacent to the project and first of all I'd like to say, I'm not opposed to
the project, I think the project's going to be nice. Certainly got a great
engineer, Mr. Moore, and I admire his work. But I do have some
concerns. When we developed our project back in 2000, Mr. Conklin
required certain things of McDonalds, a number of things, and a couple of
them really related to the exterior design of the building and the color
scheme for the building, and he asked that we adopt the same color
scheme of neighboring properties. Those being Wal-Mart and also Best
Buy, but I think it used to be Service Merchandise when we did our
project. He was really adamant about that, in fact, our typical color
scheme is a white building with a red roof and he did not want that, in fact
Subdivision Committee
September 17, 2004
Page 23
he asked that we look more at the rose tone bricked colors, block colors,
and he asked that we used more of a burgundy color originally. In
addition, he required, he had some restrictions on our signage. Although
it's not in the overlay district, we could have had a 30 foot sign out there.
He asked that we use a monument sign, which we did. I feel we complied
with all of the requirements, in fact we've really worked hard to keep our
landscaping up. We've replaced the famous tree in the driveway a couple
of times already. I would ask that as you look at this project, I noticed that
other Steak and Shake projects typically have a white building with some
red on it and some black and white awnings. I would ask that you look at
that, I don't know if that would actually meet the design standards that we
were forced to meet in that same area. So other than that, I feel like it'll be
a good project, but I just hope that you hold them to the same standards as
we had to have with our project. Thank you.
Anthes: Thank you Mr. Matthews. Would anyone else like to speak? Seeing
none, I'll close public comment and bring it back to the Commissioners.
Vaught: Madam Chair, I'd like staff to address the design question.
Warrick: I'll start. Mr. Matthews is absolutely right. When we saw the
McDonald's project at the corner of Mall Avenue and Joyce Boulevard,
staff was very insistent upon that project being compatible, which is one
of the criteria under the City's commercial design standards.
Compatibility between adjoining developments. You'll notice in our
recommendation with regard to Planning commission, consideration of
promotional design standards, we do find that this project needs to be
more compatible. The white building with awnings and black and white is
the proposal before you and do not feel that that is consistent with the
color schemes or materials that are used in this area.
Clark: So is that something that we change at this level, or when it goes on to
Planning Commission?
Warrick: If the Subdivision Committee would want to see revisions, we certainly
need to give the applicant direction.
Clark: And what are the prevailing color schemes in that area?
Warrick: That area, the Mall Avenue, is a rose colored block or brick, the adjoining
developments of the east is also a brick structure. The bank, which is east
of the McDonalds, basically what we have out there are earth tones, with
reds and tans that are not your primarily type colors, but more of an earth
tone gradation.
Subdivision Committee
September 17, 2004
Page 24
Vaught: I see the next project, which is next door but does not have that comment,
so similar to that, and
Warrick: The project to the north is a different, it's a different type structure, but it
also does play more to the surrounding developments. It ties in with the
colors and materials in some of the developments, including the mall and
some of the colors that are down on the Joyce Street area.
Vaught: I guess my question would be for the applicant. What do you guys?
Moore: We'd love to try and change it before Planning Commission if that would
be okay.
Warrick: We'll be glad to work with ya'll on that. I'm not sure what you have the
control over doing, but I'm assuming that we can modify some materials
and a take a look at some options.
Moore: We're working with a corporate architect, so we can give it to him, and
I'm sure we can come up with something.
Warrick: Is your restaurant dog friendly? I see you have a little critter out here?
Moore: They like to stay.
Clark: Madam Chair? I am more concerned with the adequate safe access that
the fire chief has pointed out. What powers do we have with regards to
private streets?
Anthes: I'd say that the applicant's comment about possibly providing the S132
laying through the next property seems like it would be a good
compromise. What do you think?
Warrick: I think that maybe a good solution, we have scheduled a meeting or are
scheduling a meeting to meet with the representatives of the fire
department early next week. We want to make sure that we're not
negating any of their concerns. We have our own concerns with regard to
the number of conflicts that are caused by additional curb cuts on streets
whether they're private or public. So we're not necessarily at odds with
our recommendations, but we want to make sure that we're consistent and
that we address the safety issues with regard to firea s well as conflicts ont
eh street. So like I said, we're going to meet with them early next week
and I feel like we'll have this resolved by the tiem it gets to Palnning
Commission whether it is okay the way that it is, or whether we do need to
provide some sort of alternative through that lot to the east. We'll be sure
to make sure that everyone's on board.
Subdivision Committee
September 17, 2004
Page 25
Anthes: And Matt do you concur with the comment about the grading between this
project and Georgetown Sq. Drive or do you think that can be
accomplished?
Casey: The maximum driveway grade that will be allowed by the firecode is 10%
and I don't believe that we can squeeze a 10% drive in this type of slope,
so I would agree with Mr. Moore's comments.
Vaught: Madam Chair? On access, I just have one question about the first, as you
come in the entrance, the first cross access to the north being so close to
that entrance. Is that an issue or is that ... Because here's your entrance and
exit and this is very close, and I know that access is an issue with the site
to the north of this as well. Is that an adequate design or would it be better
served if we moved it from that intersection?
Warrick: If I'm understanding you, your concern would be the proximity of the
connection, the cross access to the north being very close to the access in.
Vaught: Yeah, because if this is a really busy lane, that could be a very difficult
corner to use.
Warrick: I would say that because there's relief in another cross access on the east
end of the site that's not as problematic as it could be if this was the only
way for the property to the north to get out onto Mall Avenue because they
have a means of coming on the eastern cross access, they can cue up with
the other traffic leaving the site.
Anthes: I guess I'd like to ask Brian about that. It looks to me like these north
accesses were lined up with your drive that goes right to your building.
However, there might be an opportunity just to consolidate those into one
central one. Can you talk about that?
Moore: I think I'd rather have two just on the, kind of what Dawn was saying, if I
put it here and if there is something backed up, we kind of have in and out
on both. You can always come down here but you can use this one if
there's no traffic.
Pate: I would mention too that plane's a bit deceiving because the
improvements there, the curve lines stop at the property line. Natural
street is still further on, so there is a little more stacked up distance than it
looks.
Shackelford: That brings me to my next question. You guys have got a lot work ahead
of you if you're going to redesign commercial design standards, try to get
Mace Rich to agree to cross access to the east, talk about sidewalks on
Subdivision Committee
September 17, 2004
Page 26
their property and the easements there. Is it feasible you can do all that
between now and Planning Commission.
Moore: Yeah, I believe it is. We've already been talking to Mace Rich about the
sidewalks and they're trying to run it up their pole.
Shackelford: So that's not anew, that won't be anew request for the corporation.
Moore: Correct, we've already talked to them a little bit about it.
Pate: I would add to that that the access easements that are required for the
conditions of approval, to even access this property along Mall Avenue,
all the same portion of access easement really. They're requesting access
easements along Mall Avenue because it's private anyway to even access
vehicularly, this project.
Moore: And that will probably be taken care of with the cross access agreement
like, it's called a DRGE agreement, is what they called it on the Gary
Brandett's project on the north side. I don't know if ya'11 remember that
one.
Anthes: Well, you know, as far as looking at it from a Planning Commission
standpoint, we really need to see those sidewalks, and if you can use our
comments to sway their corporate office to assist you there, it's something
we'd really need to see.
Shackelford: Also I think that the access through the other property, the SB2 to alleviate
with the Fire comments is going to be very important.
Anthes: I'd agree. And I would concur with staff comments about modifying the
material use. The intent of compatibility and the recurring unifying
identifiable theme of our overlay district, it sounds like you guys are
willing to look at that too.
Clark: Do we need to make that an explicit part of the conditional use, the
approval? Number #4 says that we need to determine the compliance. Do
we need to be more specific and give them more guidance in terms of
forwarding on to corporate, who really likes to see something from Steak
and Shake?
Moore: I think what we could do is go and take some pictures of the surrounding
buildings for them and say that we need to meet this color scheme.
Clark: Do we need to put that in this condition?
Subdivision Committee
September 17, 2004
Page 27
Bennett: Steak and Shake has dealt with situations like this before. We have other
Steak and Shakes that are of other brick styles. We can get something
worked out.
Anthes: We'd sure like to make sure that all of these things have been addressed
before Planning Commission hearing because otherwise we'll just be
talking in circles. Okay. And also the landscape plan comments, make
sure that those are clear and we can read them. Anything else?
Clark: Do ya'll have any issues with the other conditions? Okay.
Shackelford: Mr. Chair. Based on the comments that we've made, I think you guys got
a lot of work to do between now and then, but good luck. I'll go ahead
and move that we forward to full Planning commission LSD 04-1182 with
the revisions and comments that have been made by the staff.
Clark: Second.
Vaught: Third.
Anthes: See you in a couple of weeks.
Warrick: Madam Chair, just a side note. If for some reason we don't get, that
they're not able to make the revisions that they need to make by our
deadline, which is what, Tuesday morning, we will send it forward to
Planning Commission without things that have been addressed here being
resolved.
Anthes: Thank you. That would be great. And the applicant's well aware of that
condition. That's pretty standard. Mr. Shackelford is leaving us, but we
still have our three Commissioners as required to proceed. So we will
hear LSD 04-1183.
Subdivision Committee
September 17, 2004
Page 28
LSD 04-1183: Large Scale Development (BRANDON/HASH MALL SOUTH)
Submitted by ENGINEERING SERVICES, INC for property located at LOT 2 OF
LOTS 1,2 & 3 OF THE CONCURRENT PLAT OF THE NORTHWEST ARKANSAS
MALL. The property is zoned C-2, THOROUGHFARE COMMERCIAL and contains
approximately 1. 10 acres. The request is to approve a 11,552 s.f. professional office
building with 40 parking spaces proposed.
Anthes: Yeah, come on in. And here's your mike.
Morgan: This property is Lot 2 of the concurrent plat for Northwest Arkansas Mall,
it is located to the north of the Steak and Shake. It's zoned C-2 and is
approximately 1.02 acres. Applicant proposes to construct an 11,552 SF
two-story professional office building with 40 parking spaces proposed.
Access to the property is located from Mall Avenue, again, by way of two
cross access drives from Lot 1. There is a 2nd floor walkway proposed to
the north of the structure to allow for emergency access and that's
reflected on the site plan. Again Mall Avenue is a private drive. At this
location staff requests access easement across that drive. Staff
recommends that this large scale be forwarded to the full Planning
Commission with the following 15 items, many of which reflect those
addressed with the Steak and Shake LSD, with regard to six foot sidewalk
along Mall Avenue, access, appropriate access for safety as well as
Planning Commission determination of compliance with commercial
design standards which were somewhat commented upon previously with
regard to similar colors and compatibility with the surrounding properties.
Again additional easements along Mall Avenue as well as within the
development and for the extension of the proposed sewer main shall be
reflected on the site plan. There are several, I believe three, conditions
reflecting the Landscape Administrator's comments.
Anthes: Thank you, Suzanne. Jeremy, would you like to follow that up?
Pate: Essentially the same comments. Tree Preservation requirements are
waived on this project as well, there are no trees currently existing. I
would mention that there is some landscaping the mall maintains currently
at the corner there of Mall and the north street. It's not showing on our
plans, but there is existing landscaping and I just want to make sure that
that is protected and maintained, as well as the landscaping within that
boulevard there, in the private drive. Otherwise, the same comments as
before, index and plans shall include the size of all trees and plants do
need to be legible on the landscaping.
Casey: The sidewalk comments are going to be the same as the previous Large
Scale that we've discussed. I might want to add that the development
plans do show a walkway from the second floor to the north, and a
sidewalk shown that would connect very nicely with the sidewalk that we
Subdivision Committee
September 17, 2004
Page 29
are requesting along Mall Avenue and along the private drive to the north
as well. The landscaping that Jeremy just mentioned, for the installation
of this sidewalk, a portion of that may need to be removed and resituated
from that construction, but there's adequate room within that area to install
the sidewalk. One of the reasons, I didn't add this before, it's more
applicable to this project, but one of the reasons for the staff's
recommendation for the installation of the sidewalks is that during lunch
hours when people in the office building may want to walk over to the
mall, and may want to go to the food court, or Sears to leave their vehicle
to have worked on, or do some shopping so the pedestrian access in this
area is something that we're highly recommending. That's all I have.
Anthes: Thank you Matt. Parks?
No comment.
Anthes: Would you like to introduce your project?
Moore: Sure, I'm Brian Moore again with the SI, Gary Brandon. One of the
owners of this project is here also to answer any of the questions that you
have. I think Item #2 about the access is the same as the previous one that
we talked about. We will get with Dawn and the fire chief to see if we can
come up with some solution to that before Planning Commission. And
again with the sidewalks, we'll get with Mace Rich to see if we can't get
some kind of access or easement that we can put sidewalks along the curb
line. Do you want to address the walkway, or are you?
Brandon: No, this walk way out of the second flood is something that's kind of
maybe so, maybe not. I don't want it, my partner does. So...
Moore: Is that a required item, I mean, I wouldn't think it would be but I mean if
we wanted to leave that before Planning Commission does anybody have a
problem with that I guess?
Anthes: Well, I kind of like the idea that you are, it's kind of pedestrian connected.
You're coming out of the second floor of the building maybe encroach
upon the other people trying to get in their cars.
Brandon: I'm afraid it's going to encourage people to park over here in the mall, and
we're going to have problems with that. They're really picky. Because
we're on the north side of the mall.
Clark: But then again, you're giving them connectivity to a potential shoppers.
And it would mitigate possibly that huge grading issue as well.
Ascetically mitigate it as well.
Subdivision Committee
September 17, 2004
Page 30
Anthes: I don't know if this is anything that we can really regulate, but I would
certainly like to see it, I like the idea that any kind of this stuff that we can
get is good, especially when we have a shopping situation and an office
building, so people will get out, go across the street and use it without
getting in their car.
Clark: And just from an ascetic point of view, it looks different from anything
that's out there, and that's quite appealing to me because I avoid that area
because it all looks the same. And this doesn't, I think this would be
great.
Moore: But that's what ya'll like.
Clark: Just the building itself is going to be a great addition out there just in your
color schemes and what you're doing. But it's your choice ultimately.
Anthes: Again, you know, with staff comments and with what we said the last
time, about the sidewalks and the access.
Clark: The access really bothers me.
Vaught: I have one question about the access. On the, what is this, the northeast
side corner, is that a hammerhead or is that a stub out?
Brandon: That is actually two parking spots.
Clark: So none of the above.
Vaught: So it's two parking spots?
Brandon: Yes.
Vaught: I guess I was looking for possible cross access to the site that's eventually
going to be to the east to hopefully alleviate something. I don't know if
that's possible.
Clark: In the last property we talked about there was, they were going to go for
some connectivity. Is it not possible?
Moore: Well, I know that it's needed just because of this start of the slope. So
you're probably already building right back here, and I don't know...
Anthes: And this is nestled against it.
Moore: Correct. You won't have any, you'll end up if you have that, you're going
to have to come and go south and it really doesn't function sense you've
Subdivision Committee
September 17, 2004
Page 31
got it right here also. And in fact, I think in talking this morning, Gary
and I would actually like to move our detention pond up a little bit and just
get rid of those two parking spaces.
Vaught: Do some landscaping on the southeast corner?
Moore: I think it would make that corner look a little bit better if there were green
instead of
Clark: Green out there, how unique. That would be nice.
Vaught: Just with access being such an issue, you know the more points you have
the better obviously, but I know we're limited with this site because the
grade around it's so severe, that's what I think the access with the property
to the south, although it's a different project, is very important because
that directly affects this one, how it plays out. So kind of look at them
together even though they're not.
Anthes: This thing's completely isolated without this one too.
Clark: Well, I really do understand what the Fire Chief is saying in terms of
emergency vehicle access and especially as we're building that whole area
between two private streets. I'll be very interested to see what you all and
staff can come up with before Planning commission, because I think that's
going to be a critical issue.
Warrick: Madam Chair? If I might, I'd like to request similar information on the
sing age, the proposed monument signs, I'm assuming for this property
and also for Steak and Shake, because I don't think we have elevations on
those yet.
Vaught: And won't those have to be located on the plan.
Warrick: They are actually located on the plan, we just haven't seen the drawings.
But based on the location proposals, I take those to mean that we're
looking at monument signs.
Moore: Do you need to see that before the Planning Commission.
Warrick: We'd like to see it with Planning Commission. At least a schematic, it can
be modified slightly, but just materials and where your displaced surface
will be, your wording doesn't necessarily have to be on there.
Anthes: That is something we should discuss at Planning Commission.
Subdivision Committee
September 17, 2004
Page 32
Clark: And we also usually discuss screening for the dumpster. Is this in here
someplace? So is it an issue with the private road? Oh, surely, you're
going to screen your dumpsters.
Moore: Yeah, there's a note on there.
Clark: Oh there it is, okay, thank you.
Warrick: Around here, but no gate, because you can't see it from the street.
Vaught: Overall, I like the project. I think it's a good looking project and in a good
location, it's going to fill that lot. So subject to the changes, I'll make a
motion that we approve Lot Split 04-1183.
Clark: I'll second.
Anthes: And I'll concur. Thank you. See you in two weeks.
Subdivision Committee
September 17, 2004
Page 33
LSD 04-1185: Large Scale Development (NOODLES): Submitted by MEL
MILHOLLAND for property located at LOT 18 IN CMN BUSINESS PARK II PHASE
II. The property is zoned R -O, RESIDENTIAL OFFICE and contains approximately
7.57 acres. The request is to approve an 8,734 s.f. restaurant.
Anthes: The next item on the agenda today is LSD 04-1185. Can we hear the staff
report please?
Warrick: This subject property is located within the CMN II Phase II subdivision.
This is on Mall Avenue, although it is south of Joyce Blvd. This is Lot 18.
It is north of the deed restricted wetland area along Mud Creek, also
within that area there are tree preservation designations. The property
contains, about 53% of the site is within this deed restricted preserved
wetlands combination area. The property is currently zoned R -O,
Residential Office and contains approximately 7 'h acres. Surrounding
developments include Old Navy and Home Depot to the north, Mud Creek
to the south, a vacant lot to the west, College Avenue is at the far eastern
edge of the lot. You will notice that this lot has most of the property there
along Mall Avenue and then a long tail that extends eastward and
intersects out to College Avenue. That easternmost portion of the property
is within the Overlay District. None of the proposed development area is
affected by the Overlay District designation. The applicant proposes to
develop a new restaurant on this property. As the property is zoned R -O,
an accompanying Conditional Use request has been submitted. Staff is
recommending that Conditional Use. Much of this lot is fully restricted
because of all the environmental issues surrounding it. We have found
that many of the properties that are zoned in this area for more commercial
or office type use have been developed for restaurants. This particular lot
is zoned for office use but we feel that the restaurant use is compatible. It
is consistent with the surrounding developments and it is appropriate in
this location. More importantly, it fits this site, which is a strange
configuration. The proposed restaurant contains 8,734 sq.ft. with an
attached 2,370 sq.ft. outdoor sitting area. The outdoor use area is adjacent
to the trail corridor and preservation area on the south side of the property.
The applicant proposes a connection to the trail to allow pedestrians or
bicyclists direct access to the development without having to travel past
the structure along the sidewalks and the main entrance. One curb cut is
proposed allowing access to the parking lot which contains 106 parking
spaces. It is within the allowable range for this development which is
between 102 and 144 spaces. Four accessible parking spaces and four
bicycle racks are included within the parking area. Water and sewer are
available along Mall Avenue. There is already adequate right of way
existing for both Mall Avenue and College Avenue, therefore, no right of
way dedication is required. Street improvements are in place as Mall
Avenue is a newly constructed extension. Both streets, Mall Avenue and
College Avenue are on our Master Street Plan with College Avenue being
Subdivision Committee
September 17, 2004
Page 34
designated a collector and College Avenue or Hwy. 7113 being designated
a principal arterial. With regard to tree preservation, as I mentioned, most
of the site is preserved and deed restricted. There is approximately
30.24% existing canopy coverage. The applicant proposes to preserve
28.35%. No mitigation is required because it exceeds the 20% minimum.
Staff has not received any public comment with regard to this application.
We are recommending forwarding this to the full Planning Commission.
It does need to track forward with the accompanying conditional use
request. We do propose 15 conditions of approval. I am going to go
through a few of those that we probably want to discuss. The outdoor
dining area is designated as two different sizes in the different documents
and we just need to resolve exactly what that is. It modifies the parking
calculations by three spaces. Either way, it should not modify the site
plan, it just needs to be documented. We are also dealing on this
particular property with regard to the secondary access request from Fire.
The applicant is proposing to utilize a utility and access easement which
adjoins the property on the north side. There is a very large sewer line in
that easement and it is constructed so that service vehicles can access that.
The applicant has had a conversation or two with the Fire Marshall with
regard to utilization of that as a secondary fire access and it has not been
completely resolved at this point in time. That is part of the ongoing
conversation with regard to our code requirements and ensuring that we
have adequate access and secondary access as they request. We will need
to look again at the accessible parking spaces. There are two at the
southwest corner of the property. There is not enough backing space that I
can see.
Jefcoat It is in excess of 24'.
Warrick: I measured 24' to the building. There is still not turning room because
you can get all the way back but you are still having to do about a five
point turn to actually get back into the lane of traffic.
Jefcoat: I think your scale may be wrong, we will go over that.
Warrick: Let's look at that a little bit more before Planning Commission because I
want to make sure of that.
Jefcoat The road entrance is 24', you can just take that comparison and know that
it is in excess of 24'. We can put another scale to it and make sure.
Warrick: The Planning Commission will need to determine compliance with
commercial design standards. We do feel that the elevations for the
structure complies. This is a fairly eclectic proposal. If you are familiar
with the Noodles restaurant on College Avenue the applicant in the past
several years has gone back and created several different facades that are
Subdivision Committee
September 17, 2004
Page 35
immigrated that form the face of this building. This is a similar situation.
Using a variety of materials and putting together a building that looks
probably more like several buildings that have been grown up together
over time.
Anthes: Will those elevations be in our packets?
Warrick: Yes. We do have some questions with regard to the proposed foe ruins,
those that are located within utility easements must be removed. There are
a couple along the front property line that are within utility easements.
Also, any structure that is over 30" in height is required to meet setbacks
and again, cannot be located within utility easements. I'm not familiar
with the type of construction or the way that these structures may be
anchored to the ground and I'm looking for the applicant to work with the
building safety division with regard to any permitting requirements to
ensure public safety. The last thing that we would want would be these
foe ruins coming attractive to kids and pretending like they are playground
equipment and have some sort of accident. I have a little concern with
that and would like the applicant to look into those issues with the
Building Safety Division. The proposed monument sign, I did not find a
location on the site plan for that so we do need to indicate where the
proposed monument sign is. We do have elevations that appear to be
appropriate. I have a question about the indication of the three heavy lines
at the east end of the entrance. They weren't called out as anything and I
wasn't sure what that was to designate. You've got your measurement at
24' and then you've got your dashed line.
Jefcoat: Those are conduits.
Warrick: Thank you. Development of any type, storage construction material or
equipment shall not be permitted within the deed restricted area or within
the designated floodway. A floodplain development permit shall be
obtained in order to grade or to install proposed hardscape structures and
infrastructure shown to be located within the designated 100 -year
floodplain. It looks like a portion of the parking lot, and maybe the corner
of the outdoor sitting area, are affected by the 100 -year floodplain so those
would need to be addressed with the proper permitting. We do need some
more detail with regard to the complete landscape plan. That information
does need to indicate species, size of all landscaping plants, spacing,
edging, mulch and irrigation, as well as planting details. The last
comment I have before the standard conditions with regard to the
floodway and floodplain designations. I just have a question because one
of the areas appears to have the line symbol for floodway but is indicated
floodplain and vice versa.
Subdivision Committee
September 17, 2004
Page 36
Anthes: Thank you Dawn. Jeremy, can we have the Landscape Administrator's
report?
Pate: The tree preservation area on this property, as Dawn mentioned, the deed
restricted area does satisfy the requirements for tree preservation and tree
protection fencing has been shown on these plans so for that area. We, of
course, will go through the same process as we typically do before grading
permits are issued that fencing will need to be inspected. As far as a
landscape plan, we just need to see the standard details and requirements
that we require before Planning Commission review.
Anthes: Are there other staff comments?
Casey: Thank you for adding the runoff filtration devices.
Jefcoat: I trust that will be adequate. It was a pretty nice solution for that and I
think it will help real well.
Warrick: If I might add, it would be appropriate to add a condition that the
connection to the trail be coordinated with Mr. Hatfield here so that he
understands the impact on his trail.
Jefcoat: We think that's an excellent combination and we would like to see more
developments tie their systems into the trail.
Hatfield: I absolutely agree and I appreciate the efforts to do that and I look forward
to working with you to make that connection.
Anthes: Would you like to introduce yourself and your project?
Jefcoat: I'm Tom Jefcoat, Milholland Company.
Benham: Gillian Benham with Benham Architects.
Jefcoat: As far as the conditions of approval, the verification of the outdoor dining
area, we will get with the architect and make whatever adjustments on the
correct sizing and square feet of that. I gave you some additional
materials this morning on the weight of the fire truck and the support
system. The ruins that are shown on the plat, the location, yes, we are
aware that one of them should be in the easements and the one that is
located in the multi -use trail easement was just an accident. We do have
proposed signage that is not shown. It is a monument sign. We will need
to take a look at what we are proposing if that is on the north end of the
property and we will show that. The designated location of that would be
on the end of the property, which would be the northwest corner. There
has been some confusion, we will have a larger plat of just the site area for
Subdivision Committee
September 17, 2004
Page 37
development. On the whole property the floodplain lies just outside or
along with the deed restricted easement. They are one in the same so that
should clear that up so you can see it a little better. Other than that, we are
in agreement with all the conditions of approval and will make the
appropriate changes.
Anthes: Would any member of the public like to address this Large Scale
Development? Seeing none, I will close it to public comment and bring it
back to the Commissioners for comments.
Clark: This construction entrance, is that going to be the primary entrance to the
property?
Jefcoat: Yes.
Clark: So there is only going to be one entrance off of Mall Avenue?
Jefcoat: We are trying to keep the construction entrance and coordinating with
other entrances so it helps to compact the ground. People get used to
seeing entrances in one location so it is good to coordinate those together
when we can.
Clark: I think this is a very unique site plan with the building on one end and the
parking all segregated, which makes the connection to the trail even better
and more aesthetically pleasing.
Vaught: On the sign, does this utility easement run the whole length of the property
that the trail is in?
Jefcoat It follows alongside the trail, you can sort of follow the line in there.
Vaught: I was thinking if you were going to put a sign in this corner.
Jefcoat: No, it is not up there. There is a utility easement for the sewer that runs
along the north property line but the only easement that is along Mall
Avenue at that point will be the water utility easement, which we will not
be in it.
Vaught: My second question is on the shop lights on the side of the building. I
know parking lot lighting has to comply with our lighting ordinances, do
those have to as well?
Warrick: They would still need to be shielded, directed downward, and away from
adjacent developments.
Vaught: The fall can't be exposed below the level.
Subdivision Committee
September 17, 2004
Page 38
Warrick: That is not an adopted ordinance but we do encourage that.
Anthes: I have a question about the large sign. Have you calculated the area on
that sign?
Warrick: I have not. Our wall signage is pretty generous though. That is the
existing wall sign that they have on the property on College Avenue. The
big issue on this is that this property is zoned R -O not C-2. Therefore,
there is a much more restrictive sign allowance and so we will have to
look back at that to ensure that we are still within the allowances.
Hoskins: We may have the calculation for the total square footage in our letter.
Warrick: We'll look back at that and ensure that we have the right information.
You have got overall dimensions listed here and chances are that would
not comply with the R -O zoning district, which is rather restricted on the
amount of signage that is permitted. We may need to work on that before
this goes forward.
Clark: The access for safety vehicles is something that is going to be shown and
addressed when it comes to Planning Commission?
Jefcoat: Yes, we will more thoroughly address it with the fire chief. We had
indicated previously here that this would be an all weather service
secondary access for fire. In addition to that, we are planning on
proposing to the fire chief, these concrete pavers, we are proposing to use
a paver that is a lined paver and it is a concrete that supports fire trucks,
obviously, and that is what we are planning on putting in addition to the
existing gravel that is already a service road there. I think that will satisfy
his needs when he sees that he is not going to bog down in the existing
roadway that is there.
Anthes: I guess we need to have comments on commercial design standards and
the foe ruins. My question is that these smaller scale ones that seem to be
in the parking lot, I don't have as much question about. The rather large
aqua duct type structure, where is that proposed to be located?
Jefcoat In this area here.
Warrick: There is also one on the north side of the entrance drive that is in that
easement.
Anthes: Dawn, do you have any comments about the sort of deteriorated look of
that and that it is so large and what other property owner's around would
think?
Subdivision Committee
September 17, 2004
Page 39
Warrick: I think that because it really is part of the development, part of the
commercial development, it can be approached and addressed with regard
to commercial design standards. I am more concerned about the safety of
it, which I think can be resolved in looking at permitting and building code
requirements for that type of element. It is obviously, part of a theme for
this development and I don't believe that our commercial design standards
restrict that, I think it is something that we just need to look at to see to
what degree it is appropriate and if it goes too far. I certainly don't want,
if we have elements like this within developments they need to be
addressed with regard to commercial design standards for appropriateness
and if it gets too much, I could see somebody wanting to do a Disney
theme restaurant and really have some wild sort of add ons or elements
within the parking areas and things. I don't think that we are really
looking for Disney World out there with regard to our commercial design
standards, we are looking for compatibility. Certainly, if the Planning
Commission feels that having this type of element in the parking lot is not
compatible with adjacent developments, we don't really have these
anywhere else. Just because we don't have them anywhere else doesn't
necessarily mean that they are not compatible. They certainly carry on a
theme within the development itself. I don't know that that is a direct
answer but I think it is certainly at your discretion.
Clark: To me it screams insurance liability. That is nothing that we have
anything to do with but I would think an insurer would have some issues
with it.
Vaught: I think if done correctly this could add interest to the site if they could
make it so it is not just a big parking lot to the north.
Benham: That is the purpose of it. It will be engineered, it is not intended to be
anything that is unsafe or unstable at all. Most of it will be tilt up concrete
on a steel frame. That is the idea behind the construction.
Warrick: I think it would benefit the city if we were able to insure that there were
some sorts of conditions on it with regard to them not becoming signage,
not becoming elements within the parking lot that detract or draw
attention. I think it would be inappropriate for these to be circled with
Christmas lights or anything that could become problematic.
Anthes: I think I have a question. I'm not sure how I think about it but because of
the scale of it, it is as tall or as long as huge parts of the building.
Vaught: Are these drawn to scale?
Jefcoat: Yes.
Subdivision Committee
September 17, 2004
Page 40
Anthes: It is big. I'm thinking that we just had Steak & Shake to go back and
handle some minor color changes for compatibility because we felt like a
white building was not necessarily compatible with surrounding buildings.
I don't know to what degree these kind of parking lot elements would be
viewed as compatible with the surrounding developments. I don't know
how I feel about it.
Clark: They compliment the overall design of this property but I certainly
understand what you are talking about with the overall integration for that
whole area.
Anthes: In CMN Business park itself.
Vaught: They are large. If they weren't as tall as the building it might be different
but I think the rest of the building is great. I kind of look at it as an
extension of the building, kind of carrying it more through the site. They
are awfully large, I don't know if that could be cut down a little bit so they
are not as intrusive to the rest of the area.
Benham: The intention was to have them out there as basically a sculptural fact, it is
something to add interest to the parking lot in addition to the landscape.
Clark: To me it is the scale that almost competes with the building itself. That is
unfortunate because the building is so unique and well articulated. Maybe
it would be more palpable if it can be scaled back or incorporated more
within the building and not necessarily the parking lot. I understand what
you are going for.
Benham: The intention is to carry some of that around the site.
Clark: If that is to scale, that's big.
Warrick: Has this project gone before the review committee for CMN?
Jefcoat Yes.
Warrick: They do have a review committee, they do have covenants and design
standards and we always, when we have a project out there we want them
to go to that board first. That is good. The second is the area surrounding
your outdoor eating area, what does that wall look like? How tall is it?
What kind of visual access are people going to have to the trail and to the
deed restricted area?
Benham: On one side, the west side, it is about 8' tall and it does have some
penetrations with wrought iron. The purpose is to shade people from the
Subdivision Committee
September 17, 2004
Page 41
setting west sun but then it is open on the backside and that will be visible
from the trail also. We put a wrought iron entrance down here by the trail
so as people come up the trail they will be able to see in and enhance that.
It is closed on the west and this is all open. It has the building on the north
side which will help also.
Anthes: Dawn, you had a question about the area of that parking in the front?
Warrick: It is just listed in two different locations with two different dimensions.
I'm assuming there were some areas that were taken out for one but I'm
not sure.
Jefcoat: The first time it came through Tech Plat through we had one dimension
and of course, then we showed the building several feet in another
direction, shifted it, that caused for a larger patio area to be possible.
Warrick: Ok, so it is the larger number.
Anthes: So this has been through CN/IN's review and were there any comments
about the parking lot foe ruins or anything from them?
Jefcoat: Not that I'm aware of.
Vaught: Staff, are we seeing a restaurant without a parking variance?
Warrick: Yes, we are seeing a restaurant that is within the range.
Vaught: I assume it is probably because the lot is so restricted they can't do much
more.
Warrick: More than half of the lot is deed restricted.
Clark: Do we need to put in another condition of approval to coordinate with
trails?
Warrick: I proposed to add that and I will make that a condition when it moves
forward to the full Planning Commission to coordinate the trail
connection.
Clark: The rest of these conditions you all are in agreement with?
Anthes: My only real comment was the commercial design standards, I'm not quite
sure about the size or the compatibility of the ruin elements. It would be
obviously, at the will of other Commissioners and me.
Subdivision Committee
September 17, 2004
Page 42
Jefcoat: If it is the size issue, the size issue from plan or from different angles you
don't get near the size effect. The building has size and mass to it at any
angle but this particular element has only mass to it from one direction and
that is the direction you are seeing it from. If you are looking at it from
any other angle the building is still going to have mass but that element
will have less.
Anthes: My largest question was about compatibility with adjacent land owners. If
they have a review committee that has reviewed it then I suppose that they
have had their say in it.
Clark: It is your choice, I don't know that we have that much control over it at
all. To me it screams "Climb on Me!" That is insurance, that is not
Planning Commission.
Anthes: I imagine there might be additional discussion about that when we get to
Planning Commission.
MOTION:
Clark: Based on all of this, I would recommend that we forward LSD 04-1185
with stated conditions to the full Planning Commission.
Vaught: I will second.
Anthes: I will concur. Commissioner Vaught was asking that the materials be
labeled on the elevations for the entire building prior to Planning
Commission.
Subdivision Committee
September 17, 2004
Page 43
R-PZD 04-1181: Planned Zoning District (WALNUT CROSSING SUBDIVISION):
Submitted by ENGINEERING SERVICES, INC for property located at THE NORTH
SIDE OF HWY 62W, EAST OF LAYNE STREET. The property is zoned R -A,
RESIDENTIAL -AGRICULTURAL and contains approximately 52.98 acres. The
request is to approve a Residential Planned Zoning District with 137 single family lots
and 6.47 acres of "cluster homes".
Anthes: The last item this morning is R-PZD 04-1181 for Walnut Crossing
subdivision. This one is Jeremy's.
Pate: The property is currently zoned R -A, Residential Agricultural. The
applicant owns several larger tracts of land in the area and general vicinity
of the subject property which is located in west Fayetteville north of Hwy
62, 6`" street. It borders Washington County limits as well as the
Farmington City limits. The Property Line Adjustment and Lot Split have
been processed to create the subject 52.98 acre tract. Prior to Planning
Commission review both of these actions do need to be filed before this
project can proceed. A little explanation of legal descriptions here and the
property that we're looking at. There are really two different legal
descriptions that we're looking at, their 52.9 acres that is proposed to be
developed. A portion of that is in the City of Fayetteville, a portion of that
is in the City of Farmington, so this does have to go through the City of
Farmington process. There is, I believe, approximately 38.88 acres
located within the City of Fayetteville, which is the only area of course
that can be rezoned from R -A to this PZD, so we will be looking at two
different proposals. Densities, I've tried to include both the density of the
overall tract, the rural density, and the density of what's actually being
rezoned for your review. So, based on those comments, the two legal
descriptions do need to accompany the proposal. Brian, we just need to
make sure we get both of those from you. One for the rezoning to the
unique R-PZD zoning district and a second one for the actual preliminary
plat that's being processed which will include the couple of lots in
Farmington. The City of Farmington has been notified and will be
reviewing development separately from the City of Fayetteville. We've
been corresponding, the applicant's been corresponding with their
administration, and we've received some e-mails in the planning division
as well. This property consists primarily of agricultural property,
currently, with several significant trees and an area of high-priority canopy
falling along property boundaries, old fence lines, and within the proposed
parkland or along the creek. As I mentioned, surrounding property is all
Residential Agricultural in nature, and its primarily either Washington
County or the City of Farmington. There is one subdivision to the south, a
small subdivision called Stapleton subdivision, which is in the City of
Farmington. The applicant is requesting a rezoning, and the preliminary
plat combined for a residential subdivision to the R-PZD zoning district.
The proposed use of the site is for a single family and cluster development
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September 17, 2004
Page 44
consisting of 136 single family lots and 44 cluster homes on two larger
lots. A 5.02 acre public park is proposed as well as a large tree
preservation area along the flood plain of the creek and within the site.
The proposed land uses are Use Unit 1, Use Unit 8, which is single family
dwellings, and Use Unit 9, two family dwellings which would be the units
there on the cluster homes. This results in a proposed density of 4.63
dwelling units per acre on the 38 acre site. And as I mentioned, I included
a note there on the real property, the actual almost 53 acres, the density is
really only about 3.4 dwelling units per acre. The developer is proposing
a mixture of lot sizes and types as you can see from the plat. Some of the
lots are arranged such as they face on the public streets. Others are
accessed from rear alleys. Typical lot sizes and proposed setbacks are
much smaller than those allowed in typical zoning districts that we have in
the city, thus, the need for processing a Planned Zoning District. Two of
the lots are proposed for cluster homes in two family units. Both of these
lots will require Large Scale Development approval and final designs have
not been formulated at this time. However, the conceptual plans indicated
are intended to provide an idea of the development to occur there in the
future. Something that is unique about this project, other than that part of
it's in the City of Farmington and part of its in the City of Fayetteville, is
that the sole existing access to this property is through Farmington from
Hwy 62. The applicant, again, has been in contact with the City of
Farmington and will present the project to both the Planning Commission
and the City Council there prior to final approvals from the City of
Fayetteville. I believe they are slated on meetings already for both of
those. Also, with regard to access and connectivity, the Master Plan
currently indicates an east/west collector street in the area of the proposed
development. It's actually, on the Master Street Plan, about 600 feet south
of this. Staff is recommending a Master Street Plan amendment to move
that essentially to where they have located it along the overhead electric
power lines there and get it out of the creek and flood plain area. The
proposed collector street is aligned, now, with this development to connect
to Alberta Street to the west, which is in Farmington and eventually
connect to Ruppte Road to the east. Another stub -out is also proposed to
the north. All the interior streets are loop streets within 50 feet of right-of-
way with no dead ends. The two northern blocks are served by private
alley drives. All the lots served by the alleys are prohibited from having
street front facing garages, and access must be provided from the rear.
Those alleys, as I mentioned, are private to be maintained by the POA and
are 12 feet in width within a 20 foot access easement. No off-site street
improvements are recommended for this development. The developer will
be required to build a street from Hwy 62 including the creek crossing to
the City of Fayetteville standards. I might mention that I believe the
Highway Department is improving Hwy 62 in this location in the
relatively near future. I'll let Steve go over the Parks recommendation
here in a moment, as obviously, though, you can see a park is located on
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September 17, 2004
Page 45
the site plan. For Tree Preservation there is existing an 11.25% canopy
coverage. Proposed is 8.56 % and because it is less than the 25% required
that entire 11.25% must be mitigated for or retained. Staff is
recommending the Tree Preservation as it's shown. The applicant has
gone out of their way, actually, to work with utility companies to route
utilities and streets in order to preserve the trees on this property. A draft
of protective covenants is included in your packets. They address some of
the architectural details, fencing, interface with the public park. Having
said that, staff is recommending this PZD be forwarded to the full
Planning Commission with the recommendation for approval. There are
14 conditions placed on this. I would like to add one condition to that,
that the Property Line Adjustment and the Lot Split shall be filed prior to
the revision deadline for this to go to Planning Commission. And that's to
create these legal lots. The other items allow uses in this PZD to be
restricted to Use Unit 1, which should be added to the plat, with City-wide
uses by right, allowing for extension of utilities. Use Unit 8, Use Unit 9,
single family and two family dwellings. #2, I've already mentioned, Lots
137 and 138, the cluster homes that shall be required to go through a LSD
and subject to all applicable development ordinances. We do need to, with
this development, set the setbacks, the maximum building height and the
density which is determined by the number of units proposed there
because this is the time that we're zoning the property. The new Large
Scale will be subject to the restrictions set forth here.
Anthes: Do you have recommendations for that?
Pate: They've actually shown setbacks, I believe, already on the plats, and the
density is determined by the number of units they have. In Lots 137, they
have 30 cluster homes proposed, and in Lot 138 they have 14 cluster
homes proposed.
Anthes: And heights?
Pate: I'm not sure if we have building heights, but that might be something we
just address now. #3 I've spoken about, the Master Street Plan
Amendment to relocate the east/west collector approximately 600 feet to
the north. Staff is in support of this request. It does meet the intent and
purpose of the Master Street Plan in this location. Planning Commission
determination of parkland determination, Parks and Rec Board as I
mentioned, is recommending parkland to be dedicated for this project.
One item that is worthy of discussing today, so before Planning
Commission we can iron out the details, #5, the Planning Commission
determination of Residential Lot Access management. Due to the smaller
lot widths proposed for this project, on those lots that aren't accessed from
rear alleys, staff finds that there needs to be a coordinated plan sensitive to
pedestrian and vehicular safety, general attractiveness and convenience
Subdivision Committee
September 17, 2004
Page 46
presented by the applicant for access to each lot to ensure a dangerous
traffic situation isn't created. Essentially, our concern is your standard 24
foot wide residential drive on a 55 foot lot, or 50 foot lot, you're just going
to have a street of driveways, and that's really the concern. Miss Hesse, I
believe, has come up with a couple of options, and we'll probably discuss
those today. A detailed street tree planting plan does need to be submitted
for final plat. We have actually a good working drawing already. Solid
waste does need to be involved to coordinate the best means of access to
the alley loaded lots. Pedestrian access is shown across one of the lots
there. It's actually not labeled as a lot, but south of the public park, there's
a trail shown. And we just want to have that within an access easement
and coordinate that with the Landscape Administrator. #9 are plat
comments that just need to be addressed and revised prior to Planning
Commission. Primarily, breaking up the Farmington lot and the
Fayetteville lots, probably better for you guys for tax purposes. And also
adding these as lots, the two Tree Preservation lots, there, just go ahead
and add those lots and notes that those are unbuildable. I believe that's all.
Anthes: Thank you Jeremy. Are there other staff comments?
O'Neal: Just one item. I'd like to let you know that we need to coordinate the
development of the creek crossing with Mike Rozelle, our Flood Plain
Administrator. Make sure that all the requirements are met for that
crossing. That's all I have.
Hatfield: Parks has no additional comments that haven't already been stated before.
I do appreciate the additional public access, pedestrian access to the one
side of the park.
Anthes: Would you introduce yourselves and your project?
Hesse: I'm Kim Hesse, with Coleman Homes Development, and Brian Moore
with ESI Engineering. Just some drawings to show you kind of better
where this is located amongst other subdivisions on Hwy 62. The city
limits line is about right here. As you head west on Hwy 62, there is a
small subdivision here that's a cul-de-sac. This is a large subdivision; I
forget the name of the subdivision to the east.
Anthes: Magnolia Crossing.
Hesse: I believe that's right.
Anthes: It's the one that's further east, but north? It's Magnolia Crossing.
Hesse: And, this is a subdivision within the Farmington area. There's a new
Farmington Elementary School being built right here, and then to the north
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September 17, 2004
Page 47
of that, that's part of the land for the Fayetteville Waste Water treatment
plant. What we've tried to do with this development is doing the cluster
housing concept to preserve the large areas that are in the flood plain. We
also own some property to the west. We do not own the properties to the
east. But this being within the City of Fayetteville, having the sewer
capacity with this lift station. We're developing this at this point, and our
plans are in the future, to develop this to tie in to the roads to the west.
Our concept is to develop housing more for your workforce type of buyer.
Clark: Does that translate into affordable housing?
Hesse: That is affordable housing. It is starter housing.
Clark: My God, it's a red-letter day.
Hesse: We're trying to put these between $95,000 and $120 or $130,000. We are,
as you can see, doing your standard single family home here. Doing the
rear alley access here to try to keep the driveways off. What we're
proposing on these are the 15 foot front setbacks. That will bring the
house closer to the street, and have a larger setback in the back where they
can park outside of their garage as well as in their garage, and not park
within the alleyway. And in the future, we will come back with a
townhome concept here which will be sold for individual home
ownership. We do not intend to have any rentals in here. One thing that
the Rauch Coleman development does, is that they build all the homes. So
we will build every home on this development. What that allows us to do
is kind of control the POA and to control the standards of the housing. We
will place all of the trees, we will put in all the fencing. Everything will
meet the covenants word for word because we'll be the ones doing it. To
completely maintain the POA up to 90% to sell out 90% of the lots, and
that way we can keep control over some of the problems you might find in
larger subdivisions. I don't think I have a whole lot else to add. This
shows our tree canopy areas. We are doing some trees and it's in the
backs of these lots. We do have some canopy. We're trying to keep the
trees as much as anybody. Obviously, I'm environmentally sensitive, but
as well, this is all open agriculture with cross fencing. And you have your
typical fence row trees, and you know you think there's 120 acres of
rooftops, we've got to have those fence row trees to kind of break it up
and to provide some sort of shade in the subdivision. So we are trying to
maintain as much as we can. Some of the trees are actually off-site that
we don't have any control of. But that's our intent to really save as much
as we can. Some of the best trees are in this area which is why we've
decided to keep those out. We are working with the City of Farmington,
since the rest of this development is in the City of Farmington; we're
working with them to develop a trail, running along the creek, to connect
to the park, which is further to the west. And so, we're going to connect
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September 17, 2004
Page 48
this parkland with our trail that we'll be building. We will be going to a
Planning Commission on Monday and the City Council two weeks after
that. They will have to, obviously, accept the right-of-way dedication for
this street to this point. And they understand that we are building this to
Fayetteville standards. This will be a no -rise bridge, because, obviously,
the issues with flooding of this creek. We have pulled completely back
from the flood study. We were doing a flood study, and we realized that it
could come further to the north, so we've pulled back for those reasons.
Thank you.
Anthes: Brian, you have anything to add?
Moore: I don't think so.
Anthes: Would any member of the public like to address this R-PZD? Come
forward and sign in.
Wilkes: My name's Steve Wilkes and I'm an adjacent property owner to this
development. I live at 4188 W. 6th St, which would be east, and I suppose
just a little bit south of the proposed development. My wife and I don't
have any objections to the development, but I do have some concerns that
I wanted to address. I've been more and more concerned with the amount
of development on 6th St. Not that I'm opposed to it, but it's the traffic,
the tremendous increase in traffic. Actually our driveway would be, I
suppose there's a little trailer house, so there would be two driveways
toward Fayetteville with this new proposed street. So I'm concerned
about the speed limit on 6th St. There's a one -mile stretch between the
Wal-Mart stop light and the City of Farmington that is 55 miles per hour.
Everything on either side of it is 40 or 45 miles an hour. So in practice,
what happens is the folk coming to work from Lincoln and Prairie Grove
and so on and so forth in the mornings, they hit that 55 mile an hour speed
zone and they go to 70, and they go to 70 just instantly. So, I'm becoming
more and more concerned. I've seen a couple of accidents on our road, a
couple right in front of our house. I've lived there for about seven years
now. I think we'll start to see more and more. So, I'm hopeful that we
can all work together to get that speed limit lowered, and start to recognize
that this isn't really a through highway anymore. I mean, of course it is,
but it's also a residential street, or becoming one as more and more houses
come in. So that's my greatest concern with this, that I think that we have
to manage this growth in a way that keeps this a livable area. I do have
some other concerns. We actually live on Farmington Creek, on
Farmington Branch. The creek runs about 75 feet in front of my house.
We own both sides of the creek, you could say, for about five acres. My
concern is just that we continue to address the flooding in this creek. It's
gotten worse and worse as development has progressed on that corridor in
that valley. We got the property and the creek never flooded, now it
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September 17, 2004
Page 49
floods regularly. And in fact, I'm getting ready to spend $11,000.00 that
I'm not happy about at all on reconstructing our bridge, which is our only
access. It's flooded twice this year alone, and both times we were told,
"Those are 100 year floods." Well, we're getting 100 year floods about
every three months now. And I know that the people in Farmington suffer
with this worse than we do. So my concern now is that if we're going to
pave yet another field, how fast does that water run off and where does
that water go? And what are those people that happen to be unfortunate
enough to be downstream from that water do about it? Our property joins
this, and we would be slightly upstream from it, so I'm not particularly
concerned for myself, although we have a 2,000 Square foot barn that is
very close to the development and is a wet weather creek that runs behind
it. So I would want to ensure that we don't do anything that would kind of
raise, or lower the flood plain for us so that that barn becomes vulnerable.
It's never flooded, I don't expect that it will, but if that little creek
suddenly starts getting more and more water all the sudden, now I got a
bam that's in danger, so I certainly don't want to see that happen. Pretty
much, that's my concern. And then I have one final one. I'm all in favor
of affordable housing, believe me, but I'm also concerned about
comparable properties, and my property value. And sometimes when you
hear the word affordable housing, you also have to think rental houses in
ten years. You know, you see subdivisions go in and young families, my
son-in-law's a Fayetteville Firefighter and they're trying to buy their first
home. I'm glad we're having homes built like this, but I also see that
these subdivisions after 5,6,7,8 years, it's rental house after rental house
after rental house and pretty soon that whole area is not what it was
intended to be. So I have a concern there as well. We have a very nice
home and a very nice property on our little slice of heaven in that valley
and we don't want to see that degraded. Those are my comments, and I
appreciate that.
Anthes: Thank you Mr. Wilkes. Seeing that no one else is in the room, I think
that's all we have for public comment. Commissioners is there any
discussion? I guess the first thing I'd like to do is have Matt talk about
anything you see about the traffic on 6th, and what procedure might
neighbors go through in order to request a speed limit reduction in that
area.
Casey: I'm not sure what the procedure is, but they would need to coordinate that
with the Arkansas Highway Transportation Department. And as Jeremy
stated, this is a section of roadway that will soon be under construction for
a widening project.
Anthes: I would think that the developers of this property would share your
concerns for the speed on that street. And it might be something that you
could contact your Highway Commissioners about together to talk about.
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September 17, 2004
Page 50
Shackleford: Madam Chair, as far as access to it. Won't eventually there be some
collector streets coming from the north on up to Wedington through this
area that this road will eventually connect to?
Pate: We don't have maps of that, but the City map's actually a good one.
Rupple Road comes south in a relatively close area there.
Shackleford: You'll be hooking in up to Wedington can be an option for people,
because this is the Wastewater Treatment Facility, is that correct?
Moore: And here's the future Rupple, it goes right through here.
Shackleford: So once all that's done here, you'll also have that access to hopefully take
traffic away from 62?
Hesse: I guess it all goes to 62.
Clark: I mean, it's the state highway, so. And I agree with you, the speed limit is
ridiculous, and it is a take -your -life -in -your -own -hands proposition. But
that's something that the state's going to have to regulate I'm afraid. But I
think the City of Fayetteville and the City of Farmington can help do that.
Anthes: And also, you know, because this development has shown a connection in
all cardinal directions, I think we're meeting the intent of our connectivity.
Clark: We're giving them options, they're still going to go to 62, but we're
giving them options.
Moore: Eventually they may not.
Anthes: Depending on how bad it gets down there. Matt, can you talk about any
expectation to increase Farmington Creek, the detention plan, and so forth.
Casey: Mr. Moore might be able to help me out here on his design, but the City
requirements are that they will not be able to increase the amount of flow
after the development that leaves a site, and they do have a detention pond
proposed there along the south portion of their development. And as we
stated here earlier, they will need to coordinate the design of the creek
crossing with our Flood Plan Administrator and one of the requirements
that the City has is that there will be no rise in the 100 -year base flood
elevation in this area, and they'll have to prove that this development will
not impact that negatively.
Vaught: Madam Chair, I have one question on that. How does the detention pond
being in the flood zone affect the design? The detention pond's mostly in
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September 17, 2004
Page 51
the flood plain, or the flood zone boundary. Does that affect the design?
Because it's seems like there's a big flood, and it's not going to be doing
anything if it's under water.
Clark: Does it affect the efficiency?
Casey: No, it won't, because that area will be built up on this side.
Vaught: So the flood zone will hopefully switch to over here?
Casey: It will, yes.
Vaught: So this will still regulate. I was just thinking if this was flooded, it was
going to do any help.
Casey: Currently our requirements do allow the detention ponds to be constructed
under your flood plains.
Anthes: Now as far as homeownership versus rentals, I don't know that we have
any way to talk about that.
Wilkes: I understand, but it's still a concern that we live next to it.
Anthes: Okay, let's look at the conditions. I guess the major one I flagged when
Jeremy was presenting was Condition #5, about the residential lot access
management. Have you all thought about that and do you have any ideas
about what you're going to propose.
Hesse: Well, we looked at doing the shared drives. We have a little, our issue
with doing a shared drive is, typically our conflict here is they're going to
have a limited yard space, they'll have large park and large open space. A
lot of people use their driveway, their kids play in their driveway. I think
it's going to be a negative for the homeowners to not have t heir own
driveway, where they'll have their basketball hoops and their kids bikes
and you know, it's just, I'm afraid we'll be taking away more from them
then we feel comfortable taking from them. What we've looked at doing
is trying to flip these houses around so that the driveways are banked
together, and you still have a larger run space in between. I think it was
the driveways more than the curb cuts that were the issue. At first it was
more curb cut, and we had ways of doing, you know we could do the roll
over curb, which you don't see the curb cuts, or for str5uctural reasons we
could pour this all monolithically, since we will be building every house,
we'll know exactly where every driveway is, we'll be able to pour the curb
line monolithically with the drives. I don't know that that's so much an
issue as it is the amount of drives.
Subdivision Committee
September 17, 2004
Page 52
Anthes: Well in addition, I think that our sidewalks need to go through the
driveway, I believe is the way we have to have it done.
Clark: Are you going to mitigate that at all with street trees?
Hesse: We're going to have one tree per lot plus we'll have additional trees in
through here. It's on the second sheet. But basically we have street trees.
Clark: I understand what he's saying if you look at it and you see a sea of
driveways. That's not very aesthetically pleasing thing. I have a question.
Did you guys explore the option of using a similar, alley type loading
system for this part of the development and maybe changing the street
around to front the park? You know, a street here, but if you move this
here, have the houses front here, and use the alley access through here.
Hesse: We did look at that, and part of what would draw people to this
development is after all, the three different types of housing and you don't
have just a consistent through out the whole development. So we really
wanted to try to interject three different types. That's how we started. At
one time, we started with the alley here, and actually the homes didn't
even have an alley in between them, they were right on top of the park,
which we thought would be a great amenity, but due to the fire marshal's
reasoning, we couldn't do that. This has been through several different
layouts, and we did it, we've tried several different things, and I believe
the fire marshal is supportive of this layout, and we're getting closer with
all the different departments.
Anthes: It sounds like that this housing type has been built by this corporation
before, and perhaps if you could bring photographs that would show the
houses in place with the driveways, it would help us visualize what we're
looking at. That would be very helpful. I share Jeremy's concern with the
number of curb cuts. I happen to live in the district in Fayetteville with a
shared driveway and it works really well. But I don't have kids with
basketball hoops. And I understand that there's a differentiation there.
But, you know, limiting, in a really pedestrian oriented area, which you're
doing a lot to create that atmosphere here, it does kind of, it's kind of
working in opposition to that with that number of cuts and the widths of
cuts. Have you thought about not doing a standard 24 foot with a double
car garage instead, and minimizing the width of that?
Hesse: Yes, definitely, we really can go to the much narrower drive at the curb
cut and then just widen it enough to get them into a double car garage.
We do have some that are single car garages. So we would not,
regardless, put in a 24 foot wide drive at the street, it may widen out to 20
once you get close to the house. Like I say, just enough for them to get
into their driveway. But we would totally accepting to go with a 12 foot.
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September 17, 2004
Page 53
Pate: That's one of the things that Kim and I have spoken about. It really helps
with the proportion if you're looking at a typical 70 foot wide lot with a 24
foot wide drive, a 12 foot wide drive with a 55 foot wide lot,
proportionally; it's more in keeping with what we'd typically see with
residential design. The reason I think we need to bring this up now, is if
you go out to start construction once this is all approved, then in order for
the city to permit something, we need to understand what the expectation
is now so that the standard permit procedure, is you know, well, we've got
to have the 24 foot drive, 10 feet from the property line, so those are the
types of issues that we really need to get hammered out right now.
Anthes: So the city permitting, they need to hear from the Planning Commission
that we're supporting a different configuration.
Pate: I believe so. It is a Planned Zoning District which allows that flexibility,
and this is one of those situations where I think we can utilize that.
Anthes: Definitely. I just would appreciate anything we could do to.
Clark: Would that be a conditional use? A stated conditional use?
Pate: It's a PZD so it would just be a condition of approval.
Anthes: And then, if there was opportunity at some point to try some shared ones
too, see how it works out, I think that would be positive.
Pate: I believe with the Planning Commission approval, that condition of
approval should be in the staff report and we can probably discuss
between now and then to get that.
Anthes: How to word it right so that it works for you. I have to say from a site
planning standpoint, this is one of the best plans I've seen come through.
You know, at the onset I know you guys have done a lot of work. We
have connectivity, we've got streets that aren't long and straight creating a
lot of traffic hazards, we've got this incredible central public park, we've
got an alley system, we've got a diversity of housing types, we have
connectivity, we have all sorts of things that we're looking for. I do want
to ask you about this public park, and what's going to happen along this
back rear property line of those houses?
Hesse: We don't want it faced with proxy fences and neither does the Parks
Department. So what we'll be doing is putting in, probably a rail fence,
no taller than four feet and it will be an open type fence. What we'll be
doing with these houses as well as these, we'll have almost a front fapade
on the back as welt as the front. This will have the garage, but the back
Subdivision Committee
September 17, 2004
Page 54
will actually be the better looking fagade with porches, and the idea is to
get them to interact with the park, and so we've.
Anthes: Is that something that we need to also state?
Pate: It's actually included in the covenants and the city is the third party of the
covenants within a Planned Zoning District. They have stated essentially
what Ms. Hesse just mentioned, that it will be a split rail fence. We don't
have anything really about the facade, that's not something we get to
review when we're looking at preliminary plats.
Clark: I have a stupid question about the covenants. How long are restricted
covenants in effect? Forever?
Anthes: Well this one is probably, I believe it's written for 30 years, and then
unless there's a request to change, it's automatically extended on a 10 year
basis.
Clark: I just say that for your benefit Mr. Wilkes. These covenants seem to be
very straightforward and seem to alleviate some of the issues you might
have should this turn into rental property. The covenants will still be in
effect I'm assuming. So they're still going to be pretty restricted and even
if it turns into rental eventually, it's going to be nicer, or they're going to
be violating the covenants. And I really think this speaks well to
affordable housing, which we are just, we play such semantic games with,
this could actually be a true representation and manifestation of something
people can afford, which is great.
Anthes: And with amenities that are, that any subdivision would be looking for at
any price. We do probably need to make a comment about the
determination to make the Master Street Plan Amendment to relocate
Wilson Drive. It seems fine in relationship to this single project. It looks
like it lines up with street developments, and it gets it out of the flood
plain, so.
Anthes: Do we need a different diagram from staff that shows that connection and
how it shifts? Would that be useful?
Pate: Yes, we can get something together for the applicant. Sorry, the reason
we don't have maps this time is because of legal description issues, we're
still trying to work out the PZD legal versus the Preliminary Plat legal, it's
been a little difficult.
Clark: In terms of the housing itself and the concept of a PZD, can you tell me a
little about what the houses, what the vision will be for this community
once it's done?
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September 17, 2004
Page 55
Hesse: As far as style? We're trying to go with a Crestwood style design, these
are the alley, these are two examples of the alley, some will be two story.
What we're doing is we can switch the rooftops around, we'll have five
different foot prints for the alleys. We'll change the types of roofing and
the fagade to make it look different, although the inside's basically five
standard footprints, and this is an idea of that. This is an elevation of a
front loaded house. This is another one that actually shows the park
elevation, it's awfully dark. This is another elevation of a corner lot, for
example in one of these areas; the garage will come in from the side. So
that's basically the look the concept that we have.
Clark: I would truly encourage you to bring these to Planning Commission to be
able to show people, and I've got to say for the record that this is a 52.98
acre development and you actually have renditions and concepts and
ideas, where I've been told before, gosh that's really expensive, and we
just can't really do that. So I really appreciate this, I think it gives me a
greater vision and I think it will help the Planning Commission get a better
feel for this development and help the neighbors feel a lot better about it.
This looks really good. I don't think it's going to hurt your property value
at all, to be perfectly honest. I'm real pleased about it.
Hesse: What I have planned on doing is having a PowerPoint here not to bore
everybody, but just to show these pictures. And we'll have elevations.
I've got an illustrator doing a bird's eye view so you can see what it looks
like from the roof tops. And we're doing elevations of both housings.
Clark: I just think that's super, I truly do, and I think it'll help us visualize it
much better.
Anthes: The only other thought I have is those number of curb cuts, if you could
just work with staff to craft something that talks about minimizing those.
Hesse: What I'd like to do, this is revised from this one. This is what we want to
do with the side setbacks. What'd we liked to do on the alley ways is have
a total of 15' side set back, five on one side, 10 on the other, so that this
house has a little bigger side yard than this side. And they're not 7 Yz',
that'll do a little bit more for the one side of their house.
Clark: And they don't look so uniform.
Hesse: We'd like to do that, we'll probably flop it when we get to the alleyways,
do some different things. So we have 15' on the back on the front, 20 on
the back here, with five and 10, these we're requesting 20 front and 20
back. And 7 ''/2' sides. And it may work with shared drives if we could do
a five and a 10 there as well. We could try to play with that with some of
Subdivision Committee
September 17, 2004
Page 56
our footprints. So if I was to request five and 10 in this area, would that
be acceptable do you think?
Anthes: I don't have a problem with it.
Clark: I don't have a problem with it at all.
Hesse: That way where we do have an opportunity to do shared drives, that gives
them a little more room to turn and get the side to grow.
Anthes: What about, I didn't ask about sidewalk widths. What are you doing?
Moore: It's on the street chart, over there to the right.
Hesse: It looks like most of these show four foot.
Anthes: And what is it setback from the road?
Hesse: It's right at the right-of-way. So there's a six foot green space, and a four
foot sidewalk and six and six here. Ten foot green space, six foot
sidewalk on both sides here.
Anthes: On the collector, correct? Well, I always like to see a wider sidewalk than
four feet but that's my, I lose on that one.
Clark: Yeah, there's other things here.
Hesse: We may add a sidewalk or a trail here, just to get these guys a little closer
to the park.
Clark: What about a sidewalk here along this street? Is there going to be a
sidewalk. And how wide is that one? That's six, okay.
Hesse: We may work with Parks, they wanted a wider one there for trails, and
obviously this could combine later for a trail that goes all the way to the
east. But another thought is that this would be better if we pulled this up
from the power lines.
Anthes: That's what I was going to ask. Do you have overhead electric lines here?
Hesse: They're very tall, but still you're under them in this scenario.
Anthes: And they exceed our size for relocating underground I'm assuming.
Subdivision Committee
September 17, 2004
Page 57
MOTION:
Clark: Having said all of this, I will enthusiastically recommend the approval, or
that we forward R-PZD 04-1181 on to full Planning Commissions with
conditions as stipulated.
Shackelford: I concur.
Anthes: I will too. Thank you very much. Any other announcements? No. We're
adjourned. Thank you.