MINUTES
WASHINGTON COUNTY PLANNING BOARD
January 3, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
ROLL CALL:
Roll call was taken. Members present include: George Holmes , Dale Quinton , Charles Moreton, Butch Pond,
Gary Head, Karen Inlow (not available for roll call, but showed up later)
APPROVAL OF MINUTES (from the December 6, 2001 meeting): Charles Moreton made a motion to approve as written. Dale Quinton provided the second. Motion passes.
APPROVAL OF THE AGENDA: Butch Pond made a motion to approve as written, Charlie Moreton provided the second. Motion passes.
NEW BUSINESS:
a. Replat of Lot 6, White Oak Estates subdivision
Location: Section 21, Township 17 North, Range 31 West
Owner/Developer: Kendall Pendergraft
Engineer: William Jenkins
REQUEST: Preliminary and Final Plat Approval for the Replat of Lot 6, White Oak Estates Subdivision. The property owner would like to divide Lot 6 (5.17 acres) into 5 lots of 1.03 acres a piece.
BACKGROUND: The property is currently owned by Kendall Pendergraft. This property was approved as Lot 6, in the White Oak Estates subdivision in March, 1996. The subdivision at that time consisted of 6 lots for a total of 10.7 acres, with lots 1 through 4 being 1.07 acres, and lot 5 being 1.25 acres. It is located at the corner of WC #31 (Harmon Road) and WC #845 (University of Arkansas Beef Farm Road).
PLANNING AREA : The development is located in the County.
SURROUNDING DEVELOPMENTS: There are 6 developments within one mile of the proposed subdivision. They include:
McCamey Meadows, six lots on 22.1 acres, with a replat of Lot 1 into two lots, Project #97-44 and #99-253;
Brakey Subdivision, three lots on 9.02 acres, Project #97-092;
South Harmon Estates, six lots on 22acres, Project #97-228;
Renea Subdivision, three lots on 2.96 acres, Project #00-168.
INFRASTRUCTURE:
Water - The lots are served by Washington Water Authority with a 4" water line.
Other Utilities - The lots are in the service area of Ozark Electric Cooperative Corporation, Arkansas Western Gas Company, Southwestern Bell Telephone, and Cox cable.
Drainage - The site is flat and drains to the northwest, away from the road. Staff recommends waiving the drainage engineering study.
Streets - All the lots front on WC #845 (University of Arkansas Beef Farm Road). The road surface is a 20' asphalt surface, with a ROW of 40' from the road centerline. It is shown as a Minor Collector on the County Functional Classification map and is not indicated on the 2025 Regional Transportation Plan.
The County Road Superintendent offered no additional road improvements for either road.
DEPARTMENT OF HEALTH: The Department of Health considers a division of land that is less than three acres a "subdivision", and as such, will make final approval of each lot contingent upon the submission of a satisfactory application for septic system permit to the Department of Health and no construction is to begin on any lot until permit approval is granted.
The following items are covered in Ordinance 99-32:
RECOMMENDATION: Preliminary & Possible Final Approval of the proposed Replat of Lot 6, White Oak Estates subdivision, with the following conditions:
1. Show on the plat the rear building set back as 20', not 10'. This is evidently something that was required on the original plat, and did not get inserted into the engineer’s data base.
2. Show on the plat, and construct on the property, concrete markers showing WC #845 40' ROW. These must be placed on the ground on the west property lines of Lots 6A through 6E. This is required by the County Road Superintendent.
3. Provide a letter from the Washington County Health Department stating that the replat of Lot 6 has been approved for development utilizing septic systems.
FOR FINAL PLAT APPROVAL:
4. Washington Water Authority requests a copy of the plans (6 sets and 1 set on electronic media) for the development of these lots. The plans will be reviewed by the Authority’s Extension and Development Review Committee for approval prior to any water service being made available to any lot. Additionally, the Washington Water Authority cautions the developer that water service may or may not be available to each lot for development pending the results of each lot’s percolation or soil morphology testing with subsequent approval of the Arkansas Department of Health.
5. Cox Communications requests that the developer call for locates before the project proceeds too far. It reminds the developer that any damage or relocation of a Cox facility will be at the developer’s expense.
6. Indicate the address of each lot. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (15)]
7. Have all signature blocks signed on 6 Final Plats - 2 for filing in the Circuit Clerk’s office, 2 for the County Planning office, remainder for the developer.
8. Have 2 of the signed plats filed for record in the Circuit Clerk's Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75, Final Plat submission, approval and filing,(4) items a - e]
9. Return 2 copies of the signed and file-marked plats to the Planning Office.
Lots may not be sold until the final plat is filed. [Numbers 4 and 5: DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; (4) a. Submit to the Administrative Officer two (2) copies of the Final Plat with appropriate signatures of approval, b. Obtain the Administrative officer's signature and submit both copies with covenants and certifications to the Circuit Clerk's office (pg. 11)]
George Holmes, Chair, opened the public hearing. Mr. Ralph Pendergraft, the project representative, was present at the meeting. He said that the recommendations would be met before he brought the final plat in for signatures. There was no public comment. George Holmes questioned requirement #5, which was a request from Cox Communications. Planning Director Celia Scott-Silkwood, said it meant for the devloper to call before they dig, so they could locate lines. Dale Quinton asked Mr. Pendergraft if there was already cable in the area. He stated there was. Gary Head moved that the Preliminary and Final Replat of Lot 6, White Oak Estates Subdivision, be approved subject to staff comments. Butch Pond seconded the motion. Motion passes.
Springdale Planning Area
b. King’s Achievement Center-Arkansas Large Scale Development
Location: Section 28, Township 18 North, Range 29 West
Owner/Developer: Richard F. Kelsey
Engineer: William Rudasill
REQUEST: Preliminary and Final Plan approval to develop a youth facility on a 22.26 acre parcel approximately 1˝ miles east of the Springdale city limits. The plan involves the development of a 7,072 square foot building with adjacent staff parking. The proposed use for the building is to provide a residential and off campus program to help young people overcome drug and alcohol addiction, as well as other antisocial behavior.
The plan shows a fence along the west side of the property that extends from Monitor Road to the building site. Additionally, the plan shows a 24' wide gravel or asphalt/gravel combination driveway, approximately 450' long.
BACKGROUND: The property is owned by Patricia Eoff Scott, Gary Larue and Debra Howell.
SURROUNDING DEVELOPMENTS: Developments reviewed by the county within a mile of the site include the Winston Mobile Home Development (Project #1996-289), which consists of two mobile homes on 2 acres, and the Neagles Mobile Home Development (Project #1996-274), which consists of 2 mobile homes on 3 acres.
INFRASTRUCTURE:
Water - The property is in the service area of Springdale water. A 10" water line serves the area.
Other Utilities - The property is in the service area of Southwestern Bell Telephone, Arkansas Western Gas, and Ozarks Electric.
Streets - The property fronts WC #91, which is known as both Monitor and Parsons Road. The property fronts on the segment named Monitor. It has an 18' asphalt surface and is classified as a Local Road on the County Functional Classification map, and requires a 30' ROW from the centerline of the road.
WC #91 (Parsons Road), approximately 400' to 500' to the east of the property, is classified as a Minor Arterial by the 2025 Regional Transportation Plan, which has a minimum 70' ROW. This same road is classified as a Major Collector on the County Functional Classification map, and requires a 40' ROW from the centerline of the road.
Drainage - The property is relatively flat, with a man-made detention pond south of the proposed building.
PERMITS:
Arkansas Department of Health - No comment has been received by the Health Department at the time of preparation of this report.
The following items are covered in Ordinance 99-32:
Staff reminds the Planning Board that additional issues may be addressed when considering approval of the proposed project. These could include screening or buffering, traffic generated, ingress and egress. Staff cautions members to use a "reasonableness" measure when addressing issues not specifically covered in the development ordinance.
RECOMMENDATION: Preliminary & Possible Final Plan approval of the King’s Achievement Center - Arkansas, subject to the following conditions:
1. Show on the plat the correct names of owner of Parcel # 001-18457-001 and Parcel # 001-18457-000.
2. Show on the plat a scale and north arrow for the vicinity map. Also note on the plat that the project is in the Springdale Planning Area. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (5)]
3. Show on the plat WC #91 and the surface condition of the road. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (9)]
4. Show on the plat the visitors parking and the delivery access.
5. Change on the plat the COUNTY ROAD SUPERINTENDENT APPROVAL signature block to omit the sentence "The required maintenance bonds have been received". [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (30)]
6. Provide a letter from the Washington County Health Department stating that the project has been approved for development utilizing septic systems.
FOR FINAL PLAN APPROVAL:
7. Submit a drainage plan for the entire area or an engineer’s certification that the drainage from the development will not cause or increase flooding problems off-site. Show on the plat the detention pond. Additionally, show on the plat a note that the engineer will be responsible for determining the size of the drainage tile to be installed by the developer under the proposed driveway. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (20)]
8. Indicate the address of each lot. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (15)]
9. Have all signature blocks signed on 6 Final Plats - 2 for filing in the Circuit Clerk’s office, 2 for the County Planning office, remainder for the developer.
10. Have 2 of the signed plats filed for record in the Circuit Clerk's Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75, Final Plat submission, approval and filing,(4) items a - e]
11. Return 2 copies of the signed and file-marked plats to the Planning Office.
[Numbers 4 and 5: DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; (4) a. Submit to the Administrative Officer two (2) copies of the Final Plat with appropriate signatures of approval, b. Obtain the Administrative officer's signature and submit both copies with covenants and certifications to the Circuit Clerk's office (pg. 11)]
George Holmes asked staff for any additional comments. Celia Scott-Silkwood said that it had been brought to her attention that not all property owners within 300 ft. of the property line had been notified by certified letter, and because of this, the public hearing could not be conducted. She stated that according to County regulations, it is required that all adjoining property owners be notified by certified letter. Her recommendation was to table this item, until all adjacent property owners were properly notified.
Several people at the meeting asked to speak. Mr. Dorman, an adjoining property owner, said he had not been notified of the development by certified letter. Carlos Mayo stated that a Mr. Brandenburg, who also owns adjoining property, had not been notified by certified letter, and was unable to be present at the meeting. Mr. Rick Parsons commented that the property was unique, by lying on the Washington and Benton County line and questioned whether or not it was a requirement that property owners in both counties needed to be notified. George Holmes said the ordinance reads 300 ft. and it does not stipulate anything about crossing county lines. He said that to the best of his understanding, it would include both counties involved, and that possibly confusion was caused due to the project being so close to Benton County.
Gary Head moved to table the meeting until all adjoining property owners were properly notified and added that the meeting at which the project will be reviewed be transferred to a larger venue (due to the large turnout of 76 plus people). Karen Inlow seconded.
George Holmes urged staff to get a head count to better determine a larger location suitable for the meeting on this project. Celia Scott-Silkwood stated that the press would be notified of the location change and it would be in the planning packets as to the meeting location. Most probably, she said, it will be held in the Quorum Court room at the new County Courthouse.
Apologies were made by the Board for having to table the meeting. Mr. Kelsey, the project developer, also apologized for not getting everyone notified. He said he went by the list given to him by the someone at the Courthouse, and he had no problem with the meeting being tabled at this time.
Gary Head wanted to make Mr. Kelsey aware of the fact that he serves on the Board of Directors for Ozark Guidance Center, and he asked if Mr. Kelsey felt that he could be impartial in this mater. Mr. Kelsey said he had no problem with that.
Celia Scott-Silkwood and George Holmes stated that renotifying people who had already been notified was not necessary for the next meeting. Mr. Parsons asked the Board about that area being without a JP to represent them, and asked when one would be in place. Butch Pond felt that the Governor would appoint one soon to that area. George Holmes suggested that they could approach any JP in an adjoining district, and also the County Judge, to express concerns. George Holmes thanked the developer and the public for attending the meeting, and said that the project would be reviewed at the February 7, 2002 Planning Board meeting, provided that the Dormans and the Brandenburgs received proper notification.
OLD BUSINESS:
Staff had nothing under old business.
OTHER BUSINESS:
Planning Report - Celia Scott-Silkwood distributed the December Planning Report. The Board had no comment on the report.
Financial Disclosure - Celia Scott-Silkwood distributed the Financial Disclosure forms. She told the Board that they must be filed with the County Clerk by the last day in January, 2002.
Gary Head made a motion to adjourn. Charlie Moreton seconded. Motion passes, Planning Board adjourned.
Minutes submitted by: Ann Upton, Secretary
Approved by the Planning Board on: 2-7-02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
February 7, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
a. Owl Creek Subdivision Variance & Preliminary Plat approved
1. ROLL CALL:
Roll call was taken. Members present include: George Holmes , Dale Quinton , Charles Moreton, Karen Inlow, Gary Head Absent.
2. APPROVAL OF MINUTES (from the January 3, 2002 meeting): Karen Inlow made a motion to approve as written. Dale Quinton provided the second. Motion passes.
3. APPROVAL OF THE AGENDA: Karen Inlow made a motion to approve as written. Charlie Moreton provided the second. Motion passes.
George Holmes addressed the issue of having only 5 members left on the Planning Board, but that they did have a Quorum for the meeting.
4. NEW BUSINESS:
(The following staff report was modified from the report that was sent to the Planning Board members. The text with the strike-out was eliminated, and the text with the italics was added.)
Farmington Planning Area
a. Owl Creek Subdivision
Location: Section 26, Township 16 North, Range 31 West
Owner/Developer: Bleaux Barnes
Engineer: NorthStar Engineering
REQUEST: Preliminary Plat approval, to subdivide a 56.78 acre parcel into 12 lots:
Lots 16 through 4 at 2 acres; Lot 5 at 2.01 acres
Lot 6 at 5.05 acres; Lots 7 through 9 at 5.06 acres;
Lot 10 at 7.06 acres; Lot 11 at 6.99 acres; and
Lot 12 at 10.05 acres.
BACKGROUND: The property was previously owned by Larry Nelson. In April, 2000, Mr. Nelson applied for a private road development for 138 acres, of which the current development is a portion. The Planning Board approved the private road development, which included 10 lots and a private road ending in a cul-de-sac, which was approximately 4, 050 feet in length. The Farmington Planning Commission reviewed the project after the Planning Board, and declined to approve the project due to the proposed construction of the private road. Mr. Nelson did not pursue the project at that time. Later, Mr. Nelson sold the property to the current owner/developer, Bleaux Barnes.
PLANNING AREA : This property is located in the Farmington Planning Area. As
of January 28, 2002, approval from the Farmington Planning Commission has not been
obtained. If it is not obtained by February 16, 2002 the project will be pulled from the
February 7, 2002 Planning Board meeting. The developer may resubmit the project for review
at a later date. The preliminary plat received approval from Farmington on
February 16, 2002.
SURROUNDING DEVELOPMENTS: Developments located with a one mile radius of the proposed projects include: a) Mountain View Estates Subdivision, which has 39 total lots, with lot sizes ranging from 1.5 acres to 4 acres; b) Valley View Golf Community, Phase I, which calls for 477 housing units on 111 acres, for an average of .23 acre per house (excluding the higher density townhouses, condos, etc.).
INFRASTRUCTURE:
Water - There is an existing water line on the east side of Hwy 170, which is the
property of Washington Water Authority. No comment on the proposed project has
been received from WWA . Comments were received by WWA too late to be included
in the mail-out. Please see a copy of the comments attached. They are numerous, and the
developer has had a meeting with WWA and is aware of all the issues to be addressed.
Other Utilities - The property is within the service areas of Ozarks Electric, Arkansas Western Gas, and SWB. No comments from these utilities have been received.
Streets - The proposed development will be accessed by a 28' asphalt, curb and gutter road, with a 50' ROW. The road (Blue Sky Road) will access State Highway 170, which currently has a bituminous (low type) surface, with a 30' ROW, and is not classified on the functional classification road map. The part of the highway which is in the urbanized area is not planned for improvement according to the 2025 Regional Transportation Plan. The developer must request an access permit from AHTD. The intersection of Blue Sky Road with Hwy 170 will be constructed to AHTD standards, including the drainage structures. Additionally, the developer, or future property owners, of Lots 16 through 5 must request access permits from AHTD.
The proposed development is located within the mile limit established by the County Judge, allowing Farmington to require their road construction standards. They have chosen to follow County guidelines for a residential subdivision street. Thus, the County will take the lead on such things as pre-construction meetings, soil testing, and other inspections of the road construction. All necessary bonding will be done to the County.
Blue Sky Road, providing access to and through the proposed development, is shown on the plat as culminating in a cul-de-sac, and is approximately 1,977', which exceeds the County minimum length for a permanent cul-de-sac of 1,200'. Farmington does not have a length limit on cul-de-sac. Since the County does have a limit, a variance from the subdivision standards must be requested. This cul-de-sac also provides access to the 97 acres lying east of the proposed development.
County Road #265 (Archie Watkins Road) is located approximately 600' to the east of the proposed development.
Sidewalks - The City of Farmington has required sidewalks. They will be 4' wide, with a 7' green space between the curb and the sidewalk.
Drainage - The site slopes downward, from east to west. A 100 Year Flood Zone A is shown on a portion of the creek in Lot 11. This corresponds to the FEMA Flood Plain map. According to the drainage plan submitted, "the proposed development...will not increase the peak discharge and that’s due to the large overall drainage area and the relatively small drainage area of the proposed development. Two ditches will collect run-off from the extended Blue Sky road and the adjacent strip on the northern side. The rest of the development will continue discharging in the same pre-development pattern." [Drainage Analysis, letter to City of Farmington, #7. Conclusions and Recommendations]
PERMITS:
Subdivision approval is required by the Health Department.
Comments received by the Health Department include:
Preliminary soil investigations have been concluded and the soil looks good;
The Department is awaiting formal submittal from the developer;
The developer will be required to obtain approval for the water line from the Engineering division.
RECOMMENDATION: Approval of a variance from the subdivision standards for the length of the proposed cul-de-sac. The proposed length is approximately 1,965'. The standards call for a maximum of 1,200' for a permanent cul-de-sac. When any such variance is granted, the motion of approval shall include a statement describing the variance and the facts upon which the issuance of the variance was based. All such variances shall be enumerated on the final plat. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-78 Variations, Item (b)]
RECOMMENDATION: Approval of the Preliminary Plat, with the following conditions:
16. Approval of a variance from the subdivision standards for the length of the proposed cul-de-sac. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-78 Variations, Item (b)]
2. Any Road Superintendent comments, directed toward roads and drainage. These issues may be settled at a pre-construction meeting. In the meantime, the Road Superintendent has requested the following be included as notes on the plat:
a. "28' BOC to BOC 2" Asphalt 7" minimum base thickness, or Washington County Standard, as determined by soil classification tests, whichever is greater."
b. "Engineer will determine the size of the drainage tile for Blue Sky Road, as required by AHTD, and obtain the necessary driveway tile sizes and permits as required by AHTD"
c. If sidewalks are built, the Engineer must modify to accommodate the handicapped.
3. Show on the plat a note: The County will not be responsible for sidewalk maintenance.
4. Show on the plat the adjacent property owners’ book and page number. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat Requirements for Land Development, (b) General Information; Item (8)]
5. Show on the plat the condition of Hwy. 170. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat Requirements for Land Development, (b) General Information; Items (9)]
6. Show on the plat, near the title block area, Preliminary Plat was approved by Farmington Planning Commission, (date) ; Preliminary Plat was approved by Washington County Planning Board, (date) .
7. On the plat, clean up the block showing utility symbols and soil classifications.
VARIANCE REQUESTS: Bleaux Barnes requests the cul-de-sac length to be 1977 feet instead of the County’s maximum 1200 Ft., due to the site only having one point of access.
George Holmes asked for comments from the developer. Northstar Engineering’s, Mr.Shawki Al-Madhoun, was present for comments. He stated that the variance was for the length of the cul-de-sac. He commented that the size of the lots had forced them into the length of the cul-de-sac. He said that he had done everything to meet Farmington’s requirements and would appreciate the Board’s approval on the Variance.
George Holmes asked for comment from the community, and Board discussion.
Road Dept Superintendent, Frank Ditmars, questioned whether or not the cul-de-sac would be permanent or temporary. Planning Director, Celia Scott -Silkwood, stated that the variance reads that it is a permanent
cul-de-sac at the length of 1977 feet and that the developer would have to get another variance to extend it further.
Mr. Al-Madhoun stated that a Covenant would be recorded with the plat so owners could not subdivide the lots.
Dale Quinton mentioned that a Deed restriction would be better than a covenant. Karen Inlow stated that covenants are not enforceable.
Karen Inlow commented on how long and hard that the County, along with emergency personnel, had worked on a maximum length of a cul-de-sac that would be allowed in a subdivision and commented on how big a variance request this was.
Celia Scott-Silkwood stated that conditions could be put on the variance.
Mr. Al-Madhoun stated that the condition, "These lots cannot be subdivided ", would be recorded with the plat.
Dale Quinton made a motion to approve the variance request for the following reasons, and with the following conditions:
* The cul-de-sac is within the one mile limit, which gives Farmington control over road construction standards, and Farmington approved the cul-de-sac length;
* The road construction will be of a quality to handle 3,000 vehicles/day;
* The lot sizes are large;
* There will be a deed restriction as to the further subdivision of lots;
* Other development projects in the past have had longer cul-de-sac lengths.
Inlow seconded the motion. The vote was taken on the motion. The motion to approve the variance passes with Quinton, Holmes, Moreton, and Inlow voting in favor.
Staff read the recommendations for the Preliminary Approval on the Subdivision. The City of Farmington has required sidewalks.
Chairman George Holmes questioned who would be responsible for the maintenance and up keep of these sidewalks, and suggested a note on the plat that sidewalks are not County’s responsibility. He also suggested that a letter be written to Farmington explaining the situation.
Charles Moreton approved as recommended, Inlow seconded the motion. Motion passes.
Health Dept. David Cowan commented that the lots looked good.
OLD BUSINESS:
Staff had nothing under old business.
OTHER BUSINESS:
Planning Report - Celia Scott-Silkwood distributed the January Planning Report, and Development Reviews for 2001. Dale Quinton and George Holmes congratulated Butch Pond on his JP position.
Dale Quinton made a motion to adjourn. Charlie Moreton seconded. Motion passes, Planning Board adjourned.
Minutes submitted by: Ann Upton, Secretary
Approved by the Planning Board on: 3/7/02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
March 7, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
a. Hargis Tracts Private Road Preliminary and Final Plat approved
1. ROLL CALL:
Roll call was taken. Members present include: George Holmes , Dale Quinton , Karen Inlow, Gary Head, with Charles Moreton absent.
2. APPROVAL OF MINUTES (from the February 7, 2002 meeting): Gary Head made a motion to approve as written. Karen Inlow provided the second. Motion passes.
3. APPROVAL OF THE AGENDA: Dale Quinton made a motion to approve the agenda. Celia Scott-Silkwood asked that a new item be placed on Other Business, replacing the Planning Staff Report. Gary Head made a motion to amend the original motion and approve as amended. Karen Inlow provided the second. Motion passes.
4. NEW BUSINESS:
County
a. Hargis Tracts Private Road Development Subdivision
Location: Section 33, Township 18 North, Range 28 West
Owner/Developer: Jerry Hargis
Surveyor: L & L Surveys, Inc.
Neosho, MO
REQUEST: Preliminary Approval for a lot split. Property owner would like to divide a 37.59 acre parcel into 7 tracts.
BACKGROUND: This property, a 65 acre parcel, was purchased in 1997 by Jerry Hargis from Carl and Verna Tackett. The current request is to divide 37.59 acres of the original 65 acres.
PLANNING AREA : The development is not located in a city planning area.
SURROUNDING DEVELOPMENTS: There are no developments within a mile of the proposed project.
INFRASTRUCTURE:
Water - The project may be served by Springdale Water, or by individual wells. Following are Springdale Water Utility’s comments:
Based on current records at this time, the single service located on the proposed lot #3 is inoperative.
Main line extensions will be required for all proposed lots.
engineer must submit hydraulic analysis to determine if water system can support additional proposed demand.
The developer should meet with Springdale Water representatives before finalizing water service to the tracts.
Other Utilities - The project is in the service area of Ozark Electric Power Company and Southwestern Bell Telephone. No comments were received from these utilities.
Streets - The proposed project has a total of seven tracts. Lots 16, 2, 3, and 4 have the possibility of accessing off AR Highway 412 East, which is classified as a principle arterial on the functional classification map, with a ROW 80'. Lot 7 must be accessed by a private road, which has a 60' ROW, and will have a 14' surface width constructed of SB2. Lots 16, 2, 5, and 6 also may be accessed from the private road and this is probably how these lots will be accessed. Additionally, Lots 4, 5 and 6 may possibly be accessed from WC #97, which parallels the east property line of the proposed project. WC #97 (W. Hickory Road) is gravel, with a 60' ROW. It is classified as a local street on the functional classification map.
The developer is responsible for the following in conjunction with the private road and driveways:
Obtain access permits from AHTD for the intersection of the private road and/or the driveways with AR Hwy 412 E;
If any lots will be accessing from WC #97 the developer must obtain driveway tiles from Washington County Road Department;
The private road will be constructed to Washington County private road standards;
A Private Road Development sign must be purchased from the County Road Department, and posted at the entrance to the development. The private road should be named, check with 911.
(See RECOMMENDATIONS for more detail of the above.)
PERMITS: Health Department - Subdivision approval is required by the Health Department. No comment was received by the Health Department prior to this report.
The following items are covered in Ordinance 99-32:
RECOMMENDATION: Preliminary & Final approval of the subdivision with the following conditions:
1. Submit postal receipts indication that certified letters have been sent to all landowners with 300' from the exterior boundary of the property. [DIVISION 2: Sec. 11-77, (16) c]
2. Show on the plat a vicinity map with scale and north arrow indicating:
surrounding road
surrounding water bodies. [DIVISION 2: Sec. 11-77, Item 9]
3. Show on the plat the ROW from the centerline (40'), the surface condition and the surface with of Hwy 412 East. [DIVISION 2: Sec. 11-77, Item 9]
4. Show on the plat the ROW from the centerline (30') and the surface width of WC #97. [DIVISION 2: Sec. 11-77, Item 9]
5. Show on the plat the ownership of existing utility lines. [DIVISION 2: Sec. 11-77, Item 10]
6. Show on the plat the location of perennial and intermittent water courses on or adjoining the property or a note indicating there are none. [DIVISION 2: Sec. 11-77, Item 12]
7. Show on the plat a note indicating that intersection construction of the private road and Hwy 412 East, will be according to AHTD standards, and that an access permit is required by AHTD.
8. Show on the plat a note indicating that all driveways accessing off Hwy 412 East will require an access permit from AHTD.
9. Show on the plat a note indicating that tiles will be required for driveways on Lots 4, 5 and 6 if they access WC #97. Also note on the plat that the engineer will be responsible for determining the driveway tile sizes. [DIVISION 2: Sec. 11-77, Item 12]
10. Provide a drainage plan for the entire area, or note on the plat that the developer/engineer certifies that runoff from the site will not cause flooding problems on other property owners. [DIVISION 2: Sec. 11-77, Item 20]
11. The address of each lot. [DIVISION 2: Sec. 11-77, Item 15]
12. A private road sign shall be placed at the entrance to the development. [Number 11: PRIVATE ROADS; sec. (d) In all the cases, the developer shall be responsible for paying the County Road Department for the purchases and installation of a sign indicating that the road is maintained by the property owners.]
13. Note on the plat, in a noticeable fashion, the following, "NOTICE: THIS ROAD IS NOT CONSTRUCTED TO THE COUNTY STANDARD. THE MAINTENANCE OF THE ROAD IS THE RESPONSIBILITY OF THE CURRENT AND FUTURE PROPERTY OWNERS. THE ROAD WILL NOT BE ACCEPTED FOR MAINTENANCE BY THE COUNTY UNTIL IT IS CONSTRUCTED TO THE COUNTY STAND AT THE EXPENSE OF THE PROPERTY OWNERS." [DIVISION 3: Sec. 11-90. Item (e)]
14. File a Private Road Maintenance Disclosure Statement. [DIVISION 3: Sec. 11-90. Item (f)]
15. Show on the plat all signature blocks, as required in Division 2, Section 11-77.
16. Have the plat signed and filed for record in the Circuit Clerk's Office.
17. Return 2 copies of the signed and file-marked plats to the Planning Office.
Lots may not be sold until the final plat is filed.
George Holmes asked for comments from the developer. Mr. And Mrs. Hargis, were present for comments. Jerry Hargis commented that he didn’t have anything to add. David Cowan with the Health Department was also present. He commented that based on the information provided he did not foresee any problems with septic systems, however, he had not been to the site. With what was shown on paper the soil and lot sizes looked good, he stated.
George Holmes questioned not having an approval from the Health Department.
Celia Scott-Silkwood Planning Director, said that the Development Regulations state that it is not a requirement, but a recommendation, to have Health Department approval.
Dale Quinton questioned whether or not the company out of Missouri, LL & Survey, was licensed to do business in Arkansas, and was there anything in our regulations that would have a bearing on that. Also, he noted that the covenants as they were currently written, said that would be filed in Newton County, Missouri. Dale felt that the deed should be filled in Arkansas.
Celia Scott-Silkwood stated that there was not anything in our regulations specifying whether or not the company had to be licensed in Arkansas and that the covenants should be filed with the plat in Washington County, Arkansas, not Missouri.
Gary Head, commented on the covenant being filed in Arkansas provided protection for Mr. Hargis.
Gary Head moved for Preliminary and Final Plat approval, subject to staff comments. Karen Inlow seconded the motion. Motion passes.
George Holmes suggested that the comments that were mentioned concerning the filing of the covenants in Washington County be noted in the letter of approval to the developer. Celia Scott-Silkwood said she would include those comments.
Jerry Hargis, questioned whether the lots should have perk test before being sold. Gary Head commented that it was up to Mr. Hargis to decide. If the developer perked all the lots initially, the buyer would be reasonably assured that he/she was getting a lot that a septic system would work on. Gary said that ultimately it would depend on time, the situation, and developer preference. However, before a lender would loan money on property, it would have to have had a perk test.
Dale Quinton, questioned the new perk test technique and what is the difference between them. David Cowan, from the Health Department, stated that conducting a soil profile consisted of digging a four foot pit and determining the seasonal water table. He said that this was done in the area where the septic system was going to placed. He said there is also a scale that figures out the linear feet of lateral line needed as compared to the perk test. The soil profile is what determines which technique is used.
Mr. Hargis asked if a perk test had to be done regardless of the size of the lot. He was told that the County had enacted an ordinance that required all lots to obtain a septic permit, regardless of size.
OLD BUSINESS:
Staff had nothing under old business.
OTHER BUSINESS:
2002 Work Program - Celia Scott-Silkwood distributed the revised 2002 Work Program. She told the Board that she had added an item that called for coordination with Regional Planning to facilitate meetings between cities and the County to develop a compromise on development regulations within the planning areas.
Celia asked the board to approve the 2002 Work Plan. Gary Head moved to approve and Karen Inlow seconded. The 2002 Work Plan was unanimously approved
Celia also mentioned that the new Job position "Planning Technician" should be posted this week
Dale Quinton, made a motion to adjourn. Karen Inlow seconded. Motion passes, Planning Board adjourned.
Minutes submitted by: Ann Upton, Secretary
Approved by the Planning Board on: 5/2/02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
May 2, 2002
4:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
a. Variance Request: Faulkner Lot Split/Subdivision Variance approved with stipulations
b. Faulkner Lot Split/Subdivision Preliminary and Final Plat approved
Location: Section 35, Township 16 North, Range 30 West
Owner/Developer: Ivan Faulkner
Surveyor: Carter Consulting, PA
Note: this meeting was held an hour earlier to facilitate the board members attendance.
1. ROLL CALL:
Roll call was taken. Members present include: George Holmes , Dale Quinton , Karen Inlow, Gary Head, Charles Moreton.
2. APPROVAL OF MINUTES (from the March 7, 2002 meeting): Gary Head made a motion to approve as written. Karen Inlow provided the second. Motion passes.
3. APPROVAL OF THE AGENDA: Celia Scott-Silkwood asked that Robin Cato be added to Other Business. Karen Inlow made a motion to approve as amended. Charles Moreton provided the second. Motion passes.
4. NEW BUSINESS:
a. Variance Request: Faulkner Lot Split/Subdivision
b. Faulkner Lot Split/Subdivision
Location: Section 35, Township 16 North, Range 30 West
Owner/Developer: Ivan Faulkner
Surveyor: Carter Consulting, PA
REQUEST: Preliminary and Final Plat Approval for a subdivision/lot split. Property owner would like to divide a 44.09 acres tract into 2 lots of 27.09 acres and 17.00 acres.
BACKGROUND: The property is currently owned by Ivan Faulkner. It was owned previously by Tilford and Mary Alderson. The property was originally created as a lot line adjustment, combining several tax parcel numbers, and was approved administratively as project #2001-110. Now the current owners want to split Tract 2 of that lot line adjustment project into two tracts.
PLANNING AREA : The project is located in the Fayetteville planning area and was approved April, 2002. Fayetteville approval was contingent upon the following:
Planning Commission determination of a waiver of the suburban subdivision regulations that require a minimum of 75' of frontage on an improved public street;
Additional lots will be allowed to use the access easements, not just a specific person or number of homes;
All further lot split requests will be heard by the full Planning Commission, after all property owners adjacent to the access easements are notified.
SURROUNDING DEVELOPMENTS: Robinson Mountain Estates (#1997-061) is located approximately one mile east of the proposed project. This subdivision accesses off Black Oak Road (WC #57) and is an 8 lot subdivision on 60.73 acres.
INFRASTRUCTURE:
Water - The property will be served by well water.
Other Utilities - The property is in the service area of Ozark Electric Power Company and Southwestern Bell. No comments were received from Ozark or SWB as of time of writing of this report.
Drainage - No drainage issues were raised.
Streets - The property has no public road frontage available. It is currently accessed by Wilcox Road, WC #3105, a 15' wide gravel residential drive, minimally maintained by the County. Wilcox Road comes off of Black Oak Road, which is paved and classified on the County Functional Classification Map as a Major Collector, with a 80' ROW. Black Oak Road is also included in the 2025 Transportation Plan as a Minor Arterial, with a 80' ROW.
On the property itself, a 60' wide access easement has been described and dedicated for ingress and egress to Tracts 16 and 2.
A variance from the development ordinance standard of a 30' access easement is needed for the 15' residential drive accessing the property.
HEALTH DEPARTMENT: No comments were received as of time of writing of this report.
The following items are covered in Ordinance 99-32:
RECOMMENDATION: Approval of a variance from the development ordinance standards of a 30' access easement for the 15' wide Wilcox Road (WC #3105) residential drive which accesses the property off Black Oak Road (WC #3105). Approval is based upon the following:
Fayetteville approved the lot split with the 15' access easement.
The 15' access easement is existing, and the owner of the property being crossed by the easement will not grant a wider easement.
Washington County is not responsible for maintenance of the 15' access easement, as it is a residential drive, and is not included in the County road system.
When any such variance is granted, the motion of approval shall include a statement describing the variance and the facts upon which the issuance of the variance was based. All such variances shall be enumerated on the final plat. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-78 Variations, Item (b)]
RECOMMENDATION: Preliminary & Final approval of the proposed subdivision/lot split, with the following conditions:
1. Show on the plat the variance approval, including the reason for the variance request.
2. Show on the plat the description of the 15' wide Wilcox Road, including the book and page for the Roadway Agreement.
3. Show on the plat the development name - Faulkner Lot Split/Subdivision. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (2)]
4. Show on the plat that concrete monuments or approved aluminum monuments shall be placed at exterior boundary corners. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (4)]
5. Show on the plat the address of each lot. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (15)]
6. Have 2 plats signed and filed for record in the Circuit Clerk's Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75, Final Plat submission, approval and filing,(4) items a - e]
7. Return 2 copies of the signed and file-marked plats to the Planning Office.
Lots may not be sold until the final plat is filed. [Numbers 4 and 5: DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; (4) a. Submit to the Administrative Officer two (2) copies of the Final Plat with appropriate signatures of approval, b. Obtain the Administrative officer's signature and submit both copies with covenants and certifications to the Circuit Clerk's office (pg. 11)]
8. Transmit file-marked copies of the Final Plat to Fayetteville, as requested.
PLANNING BOARD ACTION: 5/2/02 Approved 5/2/02 Denied Tabled
COMMENTS:
Variance action: 5/2/02 Approved 5/2/02 Denied Tabled
1. Most of the land is in the flood plain, so no more lots are available;
2. The easement on the new lots is 60', and a bridge could be built over the river to access from the opposite direction;
3. The 15' access easement is existing, and the owner of the property being crossed by the easement will not grant a wider easement;
4. Fayetteville approved the split with the 15' easement;
5. The County is not responsible for the maintenance of the 15' easement.
VARIANCE REQUESTS: 30' Access varied to the Existing 15' Access
George Holmes explained to the public the planning meeting process and asked for the Staff report.
Staff report was read by Celia Scott-Silkwood. She stated that she had received an email from David Cowan from the County Health Department: He apologized for his lateness, but in regards to the Faulkner Lot Split these lots are large and may provide possible options, if required. The individual Sewage disposal system must be located above elevation 1148 per the Corp of Engineers, if applicable. The systems are installed in the vicinity of the flood plain of the White River.
George Holmes stated he would facilitate and let Board Members ask questions.
Dale Quinton questioned the 15ft easement being minimally maintained by the County, but it is not a County road.
Celia Scott-Silkwood stated that it is a residential drive and the County will grade it twice a year if everyone on the drive agrees.
Dale Quinton commented on it being a continuance of what we already had.
George Holmes asked the staff if the only issue here was 15ft. verses 30 ft., or does it goes back to additional lots being allowed to use the easement, not just the specific person or number of homes.
Celia Scott Silkwood stated that Fayetteville wrote that in their conditions for approval. She asked if the property owner or engineer would like to address that comment.
Glenn Carter, the project surveyor /engineer, stated that the proposed lot split was so the Faulkner’s son can live nearby. The concern is that, if the owner of the 15ft. easement grants a wider easement, it might open the property up to development, which they don’t want. They would like to keep it 15 feet for that reason and the affected property owners agree with that. The problem is that 15ft. wide easement conflicts with the County ordinance that states it needs to be 30ft.
Mr. Faulkner stated his intention was to not subdivide. Celia Scott-Silkwood stated that the subdivision terminology is the County’s, which doesn’t have just "lot splits".
To answer George’s question, Celia Scott-Silkwood said she believes Fayetteville was trying to say if additional lots were created on the Alderson property, which would be the 15ft easement, the lots would be able to use that easement, and it wouldn’t have to do with how many people or how many houses. Basically, if there are additional lots, they would have to be able to use that easement.
Mr. Carter agreed and pointed out that the flood plain covers three quarters of the Faulkner land, so it is very unlikely anyone else could find a suitable spot to build upon. The orginal lot line adjustment, which created the Faulkner lot, included a 60 ft. easement across the property. This was placed on the survey in case a bridge were to be built over the river, and the Faulkner lots accessed from that direction.
George Holmes suggested that the board up-hold the regulations, but also grant the variance if it makes sense to do so.
Gary Head said, based on the situation, he would make a motion to approve the variance. Karen Inlow seconded the motion.
George Holmes said the notion should include the facts and reasons for the approval of the variance.
Karen Inlow made an amended motion including:
* Most of the land is in a flood plain, so no more lots are available.
* The easement on the new lots is 60', and a bridge could be built over the river to access from the opposite direction.
* The15' access easement is existing, and the owner of the property being crossed by the easement will not grant a wider easement.
* Fayetteville approved the split with the 15' easement;
* The County is not responsible for the maintenance of the 15' easement.
Dale Quinton seconded. The variance was approved for the reasons listed above.
Celia Scott Silkwood read the rest of the staff report, which included recommendations for preliminary and final plat approval..
Gary Head made a motion to approve the preliminary and final plat. Karen Inlow seconded. Motion passes.
Old Business: None
Other Business:
July 4th Planning Board meeting date moved to July 11th at 5:30 p.m. Charlie Morton moved the motion, Karen Inlow seconded. Motion passes. The August 2nd Meeting is rescheduled for August 8th by acclimation.
Celia introduced Robin Cato to the Planning Board.
Karen Inlow made a motion to adjourn . Charles Moreton seconded. Motion passes. Planing Board adjourned.
Minutes submitted by: Ann Upton, Secretary
Approved by the Planning Board on: 6/6/02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
June 6, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
a. Variance Request: Tim Davis Lot Split/ Subdivision Variance approved per conversation
b. Tim Davis Lot Split/ Subdivision Preliminary Plat approved as read
Location: Section 10, Township 16 North, Range 31 West
Owner/Developer: Tim Davis
Engineer: Bill Rudasill
1. ROLL CALL:
Roll call was taken. Members present include: George Holmes, Dale Quinton , Gary Head, Charles Moreton, James Anderson, Robert Daugherty and Karen Inlow.
2. APPROVAL OF MINUTES: (from the May 2, 2002 meeting): Gary Head made a motion to approve as written. Charles Moreton provided the second. Motion passes.
3. APPROVAL OF THE AGENDA: Celia Scott-Silkwood, Planning Director, requested to move Other Business: Public Hearing, before New Business. A motion was made by Gary Head to change the agenda. George Holmes added the introduction of the new Board Members prior to the public hearing. Charles Moreton seconded Agenda approved as amended. Motion passes.
George Holmes introduced the New Board Members, Robert Daugherty and James Anderson.
4. OTHER BUSINESS:
a. Public Hearing
Purposed Ordinance No._____
AN ORDINANCE PROVIDING FOR ADMINISTRATIVE REVIEW FOR CERTAIN PLANNING REQUESTS, APPEALS, AND OTHER MATTERS.
George Holmes explained how a public hearing works to the public that was present and then opened the Public Hearing.
George Butler, the County Attorney, explained that the proposed ordinance came from Casey Copeland J.P. Planning Director Celia Scott-Silkwood and George Butler had a meeting in late May with Mr. Copeland. Mr. Copeland told them he felt like there were more things that could be handled administratively and not have to go before the Board, and this would help streamline the planning process. Out of that meeting came the version of the proposed ordinance that was mailed out in the Planning packets. However, there was an alternate version that George Butler had given Celia due to the fact that there was some concern that too much discretion was placed on the County Administrator (Planning Director).
George Butler read the revised proposed ordinance, indicating which parts were additions and which remained the same.
George Holmes, Planning Board Chair, questioned which version the public had in their hand, staff stated it was the newer version.
George Holmes for public comment. Susan Hemmingway asked for the definition of "promulgated". Staff answered "it’s another word for develop, or generate". Doug Hemmingway spoke in favor of the proposed ordinance.
Bobby Williams stated that he felt that Celia Scott-Silkwood was only going to apply the regulation handed down by the Quorum Court and he didn’t see why she wouldn’t go along with what the proposed ordinance said. He said that then, if there was something complicated, it would go before the Planning Board.
George Butler stated that there would be some situations where someone might request something in an area which could be controversial and those would be situations that the Director would not want to get stuck making a decision upon, without the Board, which is why some guidelines need to be developed.
George Holmes questioned if a variance was an issue it would be against regulations, as based upon current regulations. Celia Scott-Silkwood stated that there was a variance process currently in place and that it would continue to be followed.
Celia Scott-Silkwood explained how she, herself, viewed the proposed ordinance and what the Planning Office currently did. She said that the only thing that the proposed ordinance would change in the Planning Office, is that she would administratively approve lots splits smaller in size than one acre, if the split had been initially approved by a city. She said that all projects, including projects larger than 4 lots, any type of large scale development, mobile home parks, and any project that involves road construction would continue to go before the Board, regardless of the proposed ordinance. She said that she would develop a written policy for the office, explaining what would be administratively approved, and what would require Planning Board approval. She went on to explaine that about a year ago, George Butler, the QC Services Committee and herself felt that there could be a better way for those people in planning areas to not have to go through two approval processes. George Butler and Celia Scott-Silkwood came up with several ways to achieve that goal. The Service Committee could not come to an agreement on a course of action, and the matter was dropped at time.
Gary Head asked Celia Scott-Silkwood or George Butler why couldn’t just the exemption criteria be changed to include what Celia had spoken of. Mr. Head’s preference would be that a way was found to increase the exemptions to avoid having to have a meeting about a minimal impact project that already had city approval. He said he didn’t know why an ordinance taking away Planning Board review would be necessary to accomplish that.
Celia Scott-Silkwood stated that it would take an amending ordinance to change the existing development regulations. Gary Head said that he didn’t want to put the heat on one person, and he appreciated the fact that Celia could do it. However, there was a concern about whoever may be in that office and he was not comfortable leaving an ordinance like the proposed ordinance out there for whomever might be in the Planning Director role.
Celia Scott- Silkwood said she was perfectly comfortable with the way things were, with the exception of trying to make it a little easier for the people in a planning area that have already had their project approved, but it’s smaller in lot size than the current exemption criteria allows.
Dale Quinton said he felt like the Board was completely being left out of this process. He said that the Board hadn’t had a chance to look at the proposed ordinance, except at the meeting, in a short time and he was not very happy with the way it was presented. Mr. Quinton felt like the Board had been doing a good job and he had actually seen people leaving the meeting smiling, which was rare when he first started serving on the Board. He said the Board had made a lot of improvement and still had some to go. But, he said he agreed with Gary Head, he didn’t feel like the proposed ordinance was needed. He said the County just needed to improve what they had.
Karen Inlow said she, also, agreed with Gary Head and felt like the proposed ordinance was awfully broad in its wording.
Dale Quinton questioned whether or not the Quorum Court wanted to take over the planning process and if they didn’t, then the Board wanted to continue doing their work like they had been doing, improving as they go.
Robert Daugherty suggested making the process agreeable for everybody and allowing Celia to do what she had talked about, simplifying it for the public. He said that not putting the public through any extra hoops was the goal.
George Holmes appreciated Robert Daugherty’s comment and felt like he was right on target. George said that since the summit was held in Greenland, the Planning Board has begun getting a lot more organized and more calm, thanks to the fact that the Board just wanted to and due to the County Judge requiring that the existing regulations be followed. He said that the Board had regulations and the Board followed those regulations.
George Holmes questioned the proposed ordinance as to it’s vagueness and under Article 2, the word "feel". He went on to explain that the Board members were all volunteers and they were the Quorum Court’s instrument by which the public involved itself in the planning process.
Celia Scott-Silkwood stated to the Board that George Butler and herself did not come up with the idea behind the proposed ordinance.
Dale Quinton said he felt like the planning approval should not be placed on one administrator’s shoulders, it should be put on the Planning Board’s.
Butch Pond said that he understood the Board needing more time to decide on the proposed ordinance, but he wanted to repeat Article 3 "any decision made by the Administrator may be appealed to the full Board within 10 days". He didn’t feel like it would turn the Administrator into a loose canon. He said the proposed ordinance did not deserve a "no" vote, but a "needs some work vote".
Bobby Williams said that he felt like the Quorum Court had faith in the Planning Board. George Holmes commented that he appreciated that.
James Anderson stated that this is not something new, the Board had discussed this a few years ago.
George Holmes reminded the Board that the proposed ordinance is a draft. Celia Scott-Silkwood apologized for not stamping DRAFT on the proposed ordinance before mailing it out.
George Butler suggested someone making a motion to table the proposed ordinance with directions to Celia Scott-Silkwood and George Butler to go back and draft something more specific and ask that it be referred to the Planning Board first.
George Holmes closed the public comment portion of the Public Hearing.. As the Chair, he said that this is out of order and the Board was looking at this at the wrong time, given the method by which the Board was supposed to be considering and holding public hearings for proposed ordinances, if indeed it did not come from a committee . He preferred a Planning Board member to help him out with a motion.
Gary Head made a motion to table the proposed ordinance indefinitely. He said he wanted to make it perfectly clear that the members of the Board serve for free and his time was worth something, because he had kids. He said that he had served on this Board for some time, and the longest meeting they had in months was over in about an hour. Except, he said, for one project that nobody liked which was lengthy. But, he said, that was what the Board was for, for providing an opportunity for public input. He said that the neighbors actually talked that guy out of continuing with his project. However, Gary Head continued, "this deal is not broke so lets go find something that is and fix it". He said he was going to table the proposed ordinance because he didn’t know why to turn it down, because he didn’t know why it was necessary in the first place, and if it was, then someone should have told him about it before now.
Karen Inlow seconded the motion. Motion passes. The proposed ordinance was table indefinately.
5. NEW BUSINESS:
Farmington
a. Variance Request: Tim Davis Lot Split/Subdivision
b. Tim Davis Lot Split/Subdivision
Location: Section 10, Township 16 North, Range 30 West
Owner/Developer: Tim Davis
Engineer: Bill Rudasill
REQUEST: A Variance Approval and Preliminary and Final Plat Approval for a 2 parcel lot split/subdivision. Mr. Davis owns a total of 7.55 acres. He would like to split the lot, creating one tract on the east containing 4.41 acres, and one tract on the west containing 3.14 acres.
BACKGROUND: The property is currently owned by Tim Davis. Mr. Davis brought a subdivision plat to the Farmington Planning Commission in February, 2001. The request was for preliminary plat approval for a 9 parcel subdivision on 3.27 acres (the west parcel). It was approved and forwarded to the Planning Board. The Board reviewed the preliminary plat at their May, 2001 meeting. The Board voted to table the preliminary plat until the Health Department approved the septic system design. (See attached Minutes, May 3, 2001.) Mr. Davis did not pursue the project.
PLANNING AREA : The development is within the Farmington planning area. Farmington approved the lot split/subdivision on April 15, 2002.
SURROUNDING DEVELOPMENTS: There are no developments within one mile of the proposed lot split.
INFRASTRUCTURE:
Water - The parcel is served by Washington Water Authority. No comments were received.
Other Utilities - The parcel is in the service area of Ozark Electric Power Company, Arkansas Western Gas, and Southwesten Bell. No comments were received from these utilities. Additionally, the parcel is in the service area of Cox Communications. The following are comments received from Larry Gibson, Cox Communication representative:
Cox Communications has existing overhead that runs east and west on the south side of Palmer Drive;
An existing overhead that runs north and south in the ROW on the east side of WC 660 (Elkins Road) in front of addresses 14988 and 14976 Elkins Road;
Cox suggests a 20' general utility easement between tract one and two extending north and south to assure that both lots will be serviceable from Palmer Drive, which is the only Cox Cable in the area.
Streets - The property fronts WC 660 (Elkins Rd.) to the west. Elkins Road intersects with AR Highway 16 West to the north. A 28' access easement, named Palmer Drive, is to the north of the property. The first 140' of the 28' easement runs between property owners unwilling to give land to increase the easement. Therefore, a variance from the required 30' access easement has been requested.
Drainage - No drainage issues have been raised.
PERMITS: Health Department - Before any structures may be built, a septic permit must be approved by the Health Department. No comments were received from the Health Department.
The following items are covered in Ordinance 99-32:
RECOMMENDATION: Approval of a variance from the development ordinance standard of a 30' access easement for the existing 28' easement (Palmer Drive), with the following condition:
the easement be shown on the plat as 30' along the north property line of proposed tracts one and two.
When any such variance is granted, the motion of approval shall include a statement describing the variance and the facts upon which the issuance of the variance was based. All such variances shall be enumerated on the final plat. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-78 Variations, Item (b)].
RECOMMENDATION: Preliminary Plat approval of the proposed subdivision with the following conditions:
1. Show on the plat the variance approval, including the reason for the request, and the variance approval.[DIVISION 2 APPROVAL PROCEDURES; Sec. 11-78 Variations, Item (b)]
2. Show on the plat a legal description of the 28'/30' wide common access easement as dedicated, to tie the access easement to land owned by Sherry Palmer and to Tracts 16 and 2 .
3. Show on the plat a legal description of the recommended general utility easement between the two lots.
4. Change the name of the development to: Tim Davis Lot Split/Subdivision Final Plat.
5. Show the Farmington Planning Area Boundary and the Fayetteville City Limits on the vicinity map. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (5)]
6. Show on the plat that Elkins Road is WC #660. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (11)]
7. Show on the plat the location and ownership of existing septic systems and water wells within and adjoining the property, or a note indicating there are none. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (10)]
8. A note describing any plat and deed restrictions, or a note indicating there are none. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (14)]
9. Identify the front building setback as being 25' from the 30' road ROW. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (21)]
10. Note on the plat: Each individual lot developer shall obtain approval of septic system from the Washington County Health Department Sanitarian Division. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (3)]
11. Note on the plat: Installment of the appropriately sized drainage tile, as approved by the County Road Superintendent, under the driveway on the proposed new lot. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (30)]
12. Show on the plat the signature block 7b: The road easements shown are approved. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (30)]
13. Indicate the address of each lot. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (15)]
14. Have 2 plats signed and filed for record in the Circuit Clerk's Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75, Final Plat submission, approval and filing,(4) items a - e]
15. Return 2 copies of the signed and file-marked plats to the Planning Office.
Lots may not be sold until the final plat is filed. [Numbers 4 and 5: DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; (4) a. Submit to the Administrative Officer two (2) copies of the Final Plat with appropriate signatures of approval]
16. Transmit file stamped copies to Farmington as requested.
George Holmes opened discussion on the variance request. Gary Head moved to approve the variance based on conversation. Robert Daugherty seconded. Motion passes:
Approval of a variance from the development ordinance standard of a 30' access easement for the existing 28' easement (Palmer Drive), with the following condition:the easement be shown on the plat as 30' along the north property line of proposed tracts one and two.
George Holmes opened the discussion of the lot split. Gary Head moved to approve as read the preliminary and final plat. Charlie Moreton seconded to approve as written. Motion approved.
6. OLD BUSINESS: Celia Scott Silkwood gave the two new Members their Packets and books.
7. OTHER BUSINESS:
Celia Scott Silkwood reminded the Board that the July Meeting was moved from the 4th to the 11th.
Karen Inlow, made a motion to adjourn. Dale Quinton seconded. Motion passes, Planning Board adjourned.
Minutes submitted by: Ann Upton, Secretary
Approved by the Planning Board on: 7/11/02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
July 11, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
Tontitown
a. Delozier Acres Subdivision Preliminary and Final Plat approved as read
Location: Section 10, Township 17 North, Range 31 West
Owner/Developer: Ronnie Delozier, Jerry Delozier, Shirley Bixler
Engineer: Paul Walla
1. ROLL CALL:
Roll call was taken. Members present include: George Holmes, Dale Quinton , Gary Head, Charles Moreton, James Anderson, Robert Daugherty and Karen Inlow.
2. APPROVAL OF MINUTES: (from the June 6, 2002 meeting): Karen Inlow made a motion to approve as written. Gary Head provided the second. Motion passes.
3. APPROVAL OF THE AGENDA:
Gary Head made a motion to approve the agenda, Karen Inlow seconded Agenda approved as written. Motion passes.
4. NEW BUSINESS:
Tontitown
a. Delozier Acres Subdivision
Location: Section 10, Township 17 North, Range 31 West
Owner/Developer: Ronnie Delozier, Jerry Delozier, Shirley Bixler
Engineer: Paul Walla
REQUEST: Preliminary and Final Plat Approval for a 6 lot subdivision, as follows:
Lot 1 - 6.22 acres
Lot 2 - 3.20 acres
Lot 3 - 3.20 acres
Lot 4 - 3.20 acres
Lot 5 - 3.20 acres
Lot 6 - 3.20 acres
BACKGROUND: The property is currently owned by Ronnie Delozier, Jerry Delozier, and Shirley Bixler. It has not been subdivided in the past. The property has a total of 40 acres, however, this project includes only the 6 lots (22.22 acres).
PLANNING AREA : The development is within the Tontitown planning area. Tontitown approved the preliminary and final plat on June 18, 2002.
SURROUNDING DEVELOPMENTS: There are two developments within one mile of the proposed subdivision:
Charles Eldridge Family Trust, 5.48 acres with two lots
McCamey Meadows, 22.1 acres with six lots
INFRASTRUCTURE:
Water - The project is served by the Tontitown Water Department, which has approved the project.
Other Utilities - The parcel is in the service area of Ozark Electric Power Company, Arkansas Western Gas, Cox Communication, and Southwesten Bell. All of these utilities have approved the project.
Streets - The property fronts WC #856 (South Pinalto Road) to the east. It is a 20 foot wide asphalt road in good condition, with a 60 foot right-of-way. The County Road Superintendent had no comments.
Drainage - No drainage issues have been raised.
PERMITS: Health Department - Before any structures may be built, a septic permit must be approved by the Health Department. No comments were received from the Health Department.
The following items are covered in Ordinance 99-32:
RECOMMENDATION: Prel. & Final Plat approval of the proposed subdivision with the following conditions:
1. Have 2 plats signed and filed for record in the Circuit Clerk's Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75, Final Plat submission, approval and filing,(4) items a - e]
2. Return 2 copies of the signed and file-marked plats to the Planning Office.
Lots may not be sold until the final plat is filed. [Numbers 4 and 5: DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; (4) a. Submit to the Administrative Officer two (2) copies of the Final Plat with appropriate signatures of approval]
3. Transmit file stamped copies to Tontitown as requested.
Staff stated that this project had already been through the Tontitown Planning process and the utilities were all involved with that process and they have already signed the plat.
George Holmes asked for a point of clarification with there being 6 lots but in fact there are 7 lots on the plat. Celia stated that the subdivision only consists of the 6 lots and the other one was not part of this project.
George Holmes asked if the developer was present. Jerry Delozier was present but had nothing to add to the report.
Gary Head moved to approve as read with comments. Karen Inlow seconded , Motion approved. George Holmes opened for comments. Dale Quinton wanted to make sure the words
Alot@ and ATontitown@ were corrected on the recommendations.
5. OLD BUSINESS: Celia Scott Silkwood stated that on the Quorum Court agenda is the reappointment of Planning Board Members Dale Quinton, Karen Inlow and GeorgeHolmes.
6. OTHER BUSINESS:
Celia Scott -Silkwood added that the draft for the proposed ordinance would hopefully be discussed at the Quorum Court Services Committee.
Gary Head, made a motion to adjourn. Dale Quinton seconded. Motion passes, Planning Board adjourned.
Minutes submitted by: Ann Upton, Secretary
Approved by the Planning Board on:8/8/02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
August 8, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
Farmington
a. Owl Creek Subdivision Final Plat Conditional Final Plat Approved subject to staff comments
Fayetteville
b. Steigman Lot Split/Subdivision Preliminary and Final Plat Approved as read
1. ROLL CALL:
Roll call was taken. Members present include: George Holmes, Dale Quinton ,
Gary Head, and Robert Daugherty.
2. APPROVAL OF MINUTES: (from the July 11, 2002 meeting): Gary Head made a motion to approve as written. Dale Quinton provided the second. Motion passes.
3. APPROVAL OF THE AGENDA:
Gary Head made a motion to approve the agenda, Robert Daugherty seconded, Agenda approved as written. With nothing to add from Staff. Motion passes.
Planning Director Celia Scott-Silkwood introduced her new Planning Technician Amanda Thompson.
4. NEW BUSINESS:
Farmington
a. Owl Creek Subdivision Final Plat
Location: Section 26 & 35, Township 16 North, Range 31 West
Owner/Developer: Bleaux Barnes
Engineer/Surveyor: Terry Ging
REQUEST: CONDITIONAL FINAL PLAT APPROVAL, to subdivide a 56.78 acre parcel into 12 lots:
Lots 1 through 4 at 2 acres; Lot 5 at 1.91 acres
Lot 6 at 4.99 acres; Lots 7 through 9 at 5.06 acres;
Lot 10 at 6.99 acres; Lot 11 at 6.90 acres; and
Lot 12 at 10.05 acres.
BACKGROUND: The property was previously owned by Larry Nelson. In April, 2000, Mr. Nelson applied for a private road development for 138 acres, of which the current development is a portion. The Planning Board approved the private road development, which included 10 lots and a private road ending in a cul-de-sac, which was approximately 4, 050 feet in length. The Farmington Planning Commission reviewed the project after the Planning Board, and declined to approve the project due to the proposed construction of the private road. Mr. Nelson did not pursue the project at that time. Later, Mr. Nelson sold the property to the current owner/developer, Bleaux Barnes.
Mr. Barnes brought a revised plat to the Farmington Planning Commission and the County Planning Board in February, 2002. The city approved the preliminary plat for Owl Creek Subdivision on February 1, 2002. The county approved the preliminary plat on February 2, 2002.
Blue Sky Road, providing access to and through the proposed development, is shown on the plat as culminating in a cul-de-sac, and is approximately 1,977', which exceeds the County maximum length for a permanent cul-de-sac of 1,200'. This cul-de-sac also provides access to the 97 acres lying east of the proposed development. A variance to the cul-de-sac length was granted at the February 2, 2002 County Planning Board meeting.
PLANNING AREA : This property is located in the Farmington Planning Area.
SURROUNDING DEVELOPMENTS: Developments located with a one mile radius of the proposed projects include: a) Mountain View Estates Subdivision, which has 39 total lots, with lot sizes ranging from 1.5 acres to 4 acres; b) Valley View Golf Community, Phase I, which calls for 477 housing units on 111 acres, for an average of .23 acre per house (excluding the higher density townhouses, condos, etc.).
INFRASTRUCTURE:
Water - There is an existing water line on the east side of Hwy 170, which is the property of Washington Water Authority. Mr. Barnes, at the Farmington Planning Commission meeting, stated he had satisfied the requirements of Washington Water Authority.
Other Utilities - The property is within the service areas of Ozarks Electric, Arkansas Western Gas, and SWB. No comments from these utilities have been received.
Streets - The proposed development will be accessed by a 28' asphalt, curb and gutter road, with a 60' ROW. The road (Blue Sky Road) will access State Highway 170, which currently has a bituminous (low type) surface, with a 30' ROW, and is not classified on the functional classification road map. The part of the highway which is in the urbanized area is not planned for improvement according to the 2025 Regional Transportation Plan. The developer has received the requested access permit from AHTD. The intersection of Blue Sky Road with Hwy 170 has been constructed to AHTD standards, including the drainage structures. Additionally, the developer, or future property owners, of Lots 1 through 5 must request access permits from AHTD.
The proposed development is located within the mile limit established by the County Judge, allowing Farmington to require their road construction standards. All necessary bonding has been done to the County.
County Road #265 (Archie Watkins Road) is located approximately 600' to the east of the proposed development.
Sidewalks - The City of Farmington has required sidewalks. The city initially required sidewalks on all lots, and that the sidewalks be 4' wide, with a 7' green space between the curb and the sidewalk. At the July 15. 2002 Farmington Planning Commission meeting, the Commission voted to waive the sidewalk requirement on Lot 12, but to require sidewalks on Lots 1- 11. The developer has noted such on the plat. Additionally, the plat notes that there will be a
A4' wide sidewalk to be constructed in AHTD ROW. Construction will be governed by AHTD permit@.Drainage - The site slopes downward, from east to west. A 100 Year Flood Zone A is shown on a portion of the creek in Lot 11. This corresponds to the FEMA Flood Plain map. According to the drainage plan submitted,
Athe proposed development...will not increase the peak discharge and that=s due to the large overall drainage area and the relatively small drainage area of the proposed development. Two ditches will collect run-off from the extended Blue Sky road and the adjacent strip on the northern side. The rest of the development will continue discharging in the same pre-development pattern.@ [Drainage Analysis, letter to City of Farmington, #7. Conclusions and Recommendations]The plat notes a drainage easement in the NE corner of Lot 11, and a 216' drainage easement through the center of Lot 12. This drainage system has the approval of the Farmington City Engineer. Additionally, the developer has constructed all drainage structures at the intersection of Blue Sky Road and Hwy 170 to AHTD specifications.
PERMITS:
Subdivision approval is required by the Health Department.
The following comments were received from the Health Department prior to the February 2, 2002 Planning Board meeting :
Preliminary soil investigations have been concluded and the soil looks good;
The Department is awaiting formal submittal from the developer;
The developer will be required to obtain approval for the water line from the Engineering division.
No further comments have been received by the Planning Office.
RECOMMENDATION: CONDITIONAL FINAL PLAT APPROVAL, with the following conditions:
1. Any Road Superintendent comments, directed toward roads and drainage, including a letter from Bleaux Barnes detailing all items and issues discussed at the site on June 26, 2002. People attending that meeting included the developer, Bleaux Barnes; a representative from the engineering firm of NorthStar Engineering; Frank Ditmars, County Road Superintendent; Rick Cowdry, Farmington City Engineer; a representative from Tomlinson, the contractors; and a representative from TerraCon, the soil testing company. The Road Superintendent has indicated he will not sign the Conditional Final Plat until he has received a copy of that letter.
2. Show on the plat, in the title block, CONDITIONAL FINAL PLAT.
3. Show on the plat the adjacent property owners= book and page number. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat Requirements for Land Development, (b) General Information; Item (8)]
4. For Conditional Final Plat approval, note on the plat the sizes of all driveway and road tiles. Arrange to speak to the County Road Superintendent for appropriate placement and sizes. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat Requirements for Land Development, (b) Proposed Improvements; Item (20)]
5. For Conditional Final Plat approval, note the 911 addresses for each lot on the plat. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat Requirements for Land Development, (b) Proposed Improvements; Item (15)]
6. Have the plat signed and filed for record in the Circuit Clerk=s Office, and return 4 copies of the signed and file-marked plats to the Planning Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; Item (4) a. and b.]
7. Note on the plat: Lots may be sold after filing of the CONDITIONAL FINAL PLAT APPROVAL. The DEVELOPER will be responsible for bringing a FINAL PLAT through the Farmington and County planning process when all improvements have been completed.
8. Transmit file-marked copies of the CONDITIONAL FINAL PLAT to Farmington as requested.
PLANNING BOARD ACTION: Preliminary Plat Approved: 2/7/02 Denied: Tabled:
PLANNING BOARD ACTION: Conditional Final Plat Approved: 8/8/02 Denied: Tabled:
George Holmes asked for comments from the developer. The developer didn=t have any additional information at this time.
Frank Ditmars, Road Superintendent stated that he had received the letter he requested from Bleaux Barnes and that it is on file. There was a mix up in testing on the site. The Farmington City engineer agreed to sign off on the project with a two year maintenance bond and the county requested a five year maintenance bond.
Mike Vendor with North Star Engineering explained the mix up has been resolved & the Farmington Planning Commission and city engineer have approved the final plat. Mike Vendor said he would provide copies of the Health Department approval to the County Planning Office.
Frank Ditmars recommended that the Board approved the conditional final plat for owl creek.
Gary Head made a motion to approve subject to staff comments, Robert Daugherty seconded the motion. Conditional Final Plat approved.
Fayetteville
b. Steigman Lot Split/Subdivision
Location: Section 32, Township 17 North, Range 29 West
Owner/Developer: Boyd Steigman
Engineer/Surveyor: Alan Reid
REQUEST: Preliminary and Final Plat Approval for a lot split/subdivision. Property owner would like to divide a 7.52 acre tract into 3 lots of 2.54 acres, 1.97 acres, and 3.01 acres.
BACKGROUND: The property is currently owned by Boyd and Kelly Stiegman. It was owned previously by Philip and Barbara Smith. The property has not been divided previously.
PLANNING AREA : The project is located in the Fayetteville planning area and was approved July 11, 2002. Fayetteville approval was contingent upon the following:
The water service line to the existing house and a 30' private utility easement for that line being added to the plat.
SURROUNDING DEVELOPMENTS: Robinson Estates (#1999-022) a 7.4 acre project with 7 lots; the Guinn Subdivision (#1998-035) with 4.88 acres, and 4 lots; Langham
=s Acres (#1996-286) a 3 acre subdivision with 3 lots; the Harriman Subdivision (#1999-090) with 3.18 acres and 2 lots; and the TeleCorp Highway 45 Communication Tower (#1998-210).
INFRASTRUCTURE:
Water - The property will be served by Fayetteville water.
Other Utilities - The property is in the service area of Ozark Electric Power Company, Southwestern Bell telephone, Arkansas Western Gas, and Cox Communications. All comments were received and noted on the plat during the Fayetteville review process.
Drainage - No drainage issues were raised.
Streets - The property has no public road frontage available. The applicant is dedicating 60' of ROW to Washington County in order to provide public street frontage to these tracts off WC #83 (Oakland-Zion Road).
WC #83 is classified as a local street on the County Functional Classification Map, and as a Collector on the Fayetteville Master Street Plan. As a collector, Fayetteville is asking for 35' ROW, instead of the 30' required by the County. Currently, WC #83 is a 17' wide asphalt surfaced street in good condition.
Additionally, the applicant is also proposing road improvements within the 60' access ROW, which will include a 12' wide strip of pavement back into the property.
The County Road Supervisor had these comments:
The County will accept the ROW dedication, however, this will not be a County road and will not be maintained by the County.
HEALTH DEPARTMENT: No comments were received as of time of writing of this report.
The following items are covered in Ordinance 99-32:
RECOMMENDATION: Preliminary & Final approval of the proposed lot split/subdivision, with the following conditions:
AALL STREETS AND ALLEYS AS SHOWN ON THIS PLAT FOR PUBLIC BENEFIT AS PRESCRIBED BY LAW AND MAINTAINED BY THE PROPERTY OWNERS@.1. Show on the plat the development name - Stiegman Lot Split/Subdivision. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (2)]
2. Show on the plat a note describing any plat and deed restrictions, or a note indicating there are none. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (14)]
3. Show on the plat, per Fayetteville, the water service line to the existing house and a 30' private utility easement for that line. [Fayetteville Planning Commission Subdivision Committee, July 11, 2002]
4. Show on the plat, in the Certificate of Ownership & Dedication ,
5. Show on the plat the Utility Easement signature block. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (10)]
6. Show on the plat the address of each lot. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-77 Plat requirements for land development, (15)]
7. Have 2 plats signed and filed for record in the Circuit Clerk's Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75, Final Plat submission, approval and filing,(4) items a - e]
8. Return 3 copies of the signed and file-marked plats to the Planning Office.
Lots may not be sold until the final plat is filed. [Numbers 4 and 5: DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; (4) a. Submit to the Administrative Officer two (2) copies of the Final Plat with appropriate signatures of approval, b. Obtain the Administrative officer's signature and submit both copies with covenants and certifications to the Circuit Clerk's office (pg. 11)]
9. Transmit file-marked copies of the Final Plat to Fayetteville, as requested.
Dale Carolton was present to represent the Steigman Lot Split/Subdivision, he had nothing to add but questioned the project being referred to as a lot split.
Celia Scott- Silkwood explained that the County doesnt have a Alot Split@ definition, Simply a subdivision definition. She said that by adding lotsplit /subdivison to the name of the project, it alerts staff that the project is 4 lots or less.
George Holmes questioned an asphalt drive in the middle of Lot B and then the existing gravel road.
Celia Scott-Silkwood stated that she thought that the gravel road would be paved.
Dale Carolton explained that there was an established drive that comes off of the property and accesses another property. He said there will be separate entrance ways, and stated that there was not an existing plan for a home on that lot at this time.
Gary Head commented on CR# 87 Butterfield Coach Road being so congested, and not wide enough.
Frank Ditmars , Road Superintendent stated that the county would be working on improvements to the road in the near future.
Gary Head made a motion to approve as read, Dale Quinton seconded the motion.
Final Plat approved
5. OLD BUSINESS:
6. OTHER BUSINESS:
Dale Quinton, moved to adjourn. Gary Head seconded. Motion passes, Planning Board adjourned.
Minutes submitted by: Ann Upton, Secretary
Approved by the Planning Board on: 9/5/02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
September 5, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
Farmington
a. Owl Creek Subdivision Final Plat Final Plat Approved subject to staff comments
Prairie Grove
b. Boroojeni Subdivision/Lot Split Preliminary and Final Plat Approved as read
Lincoln
c. Replat Tract 1 Lincoln Acres Sub. Preliminary and Final Plat Approved as read
Lincoln
d. Neil Helm Summers Mountain Sub. Preliminary Approved as read
1. ROLL CALL:
Roll call was taken. Members present include: Dale Quinton, Gary Head, Robert Daugherty, Charlie Moreton, Karen Inlow, and George Holmes.
2. APPROVAL OF MINUTES: (from the August 8, 2002 meeting): Dale Quinton made a motion to approve as written. Karen Inlow provided the second. Motion passes.
3. APPROVAL OF THE AGENDA:
Karen Inlow made a motion to approve the agenda. Charles Moreton seconded. Agenda approved as written. With nothing to add. Motion passes.
4. NEW BUSINESS:
Farmington
a. Owl Creek Subdivision Final Plat
Location: Section 26 & 35, Township 16 North, Range 31 West
Owner/Developer: Bleaux Barnes
Engineer/Surveyor: NorthStar Engineering
REQUEST: FINAL PLAT APPROVAL, to subdivide a 56.78 acre parcel into 12 lots:
Lots 1 through 4 at 2 acres; Lot 5 at 1.91 acres
Lot 6 at 4.99 acres; Lots 7 through 9 at 5.06 acres;
Lot 10 at 6.99 acres; Lot 11 at 6.90 acres; and
Lot 12 at 10.05 acres.
PLANNING AREA : This property is located in the Farmington Planning Area.
BACKGROUND: Mr. Bleaux Barnes, the developer, brought the preliminary plat to the Farmington Planning Commission in February, 2002. The city approved the Preliminary Plat for Owl Creek Subdivision on February 1, 2002. The County approved the Preliminary Plat on February 2, 2002, with a variance to the cul-de-sac length regulation, from 1,200
= to approximately 1,797'. The city then approved the Final Plat on July 15, 2002. The County Planning Board gave Conditional Final Plat approval on August 8, 2002. The Conditional Final approval was necessary for the developer to begin to sell lots. The city will not be seeing this plat again.
PERMITS:
Subdivision approval has been granted by the Health Department.
RECOMMENDATION: FINAL PLAT APPROVAL, with the following conditions:
=s Office, and return 4 copies of the signed and file-marked plats to the Planning Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; Item (4) a. and b.]1. All road issues have been resolved with the County Road Superintendent. The Superintendent will not sign the Final Plat until he is satisfied that everything is in order.
2. Have the plat signed and filed for record in the Circuit Clerk
3. Transmit file-marked copies of the FINAL PLAT to Farmington as requested.
PLANNING BOARD ACTION: Preliminary Plat Approved: 2/7/02 Denied: Tabled: PLANNING BOARD ACTION: Conditional Final Plat Approved: 8/8/02 Denied: Tabled:
PLANNING BOARD ACTION: Final Plat Approved: 9/5/02
Chairman George Holmes was late, so Gary Head acted as Chair to begin the meeting.
Road Superintendent Frank Ditmars was present and stated that there were several items still not completed. They are still waiting on the road strength test results and there are other issues that will have to be resolved before he will sign off on the project. Frank said that Rick Cowdrey, Farmington City Engineer, would need to sign off on the road initially.
Mike Vendor, representing North Star Engineering, was present. He said that everything would be done according to the Road Superintendents wishes.
Vice Chairman Gary Head opened the discussion for public comment. No public comment was made.
Karen Inlow made a motion to approve the Final Plat as read from the revised recommendations and subject to staff comments. Robert Daugherty seconded the motion. The Final Plat was approved.
Vice Chairman, Gary Head turned the meeting over to the Chairman George Holmes.
Prairie Grove
b. Boroojeni Subdivision/Lot Split
Location: Section 4, Township 15 North, Range 31West
Owner/Developer: Masood Boroojeni
Engineer/Surveyor: NorthStar Engineering
REQUEST: Preliminary and Final Plat approval for a 2 parcel lot split/subdivision. Mr. Boroojeni owns a total of 1.54 acres. He would like to split the lot, creating one tract containing .79 acre, and one tract containing .76 acre.
PLANNING AREA : The development is within the Prairie Grove planning area. Prairie Grove approved the lot split/subdivision on July 18, 2002.
BACKGROUND: The property is currently owned by Massood Boroojeni. Mr. Boroojeni submitted a preliminary plat to the Prairie Grove Planning Commission in February, 2002. The Commission denied this request due to concerns with the septic systems on the property. Two existing buildings occupy the tract and his bank is requiring him to place the buildings on separate mortgages. Additionally, the southern building is encroaching on the rear building setback by 11' and the front setback by about 20'. Since the buildings were built before adoption of the Development Regulations by the County, they are grand fathered in. Earlier concerns regarding the placement of septic systems to each lot were addressed in the new plat by changing the proposed property line, allowing enough space for each new system. The Prairie Grove Planning Commission approved the lot split/subdivision on July 18, 2002, with the stipulation that Tract 1 would have an individual septic system installed.
SURROUNDING DEVELOPMENTS: There are several developments within one mile of the proposed lot split/subdivision:
Benish Development - 2 lots, 15.11A & 3.1A (#96-290)
Anderson Propane - LSD, 3.45A (#96-300)
Harry Gertsner Subdivision - 4 lots, 3.33A, 3A, 3,76A, & 5.63A (#97-000)
Houser Subdivision - 3 lots, 2.59A, 3.29A, & 2.62A (#98-053)
Clayton Tile - LSD, 2.2A (#97-015)
McKee Lot split/Subdivision - 2 lots, 1.5A & 1.5A (#00-066)
Valley View golf course and subdivision
INFRASTRUCTURE:
All utility issues were dealt with at the Prairie Grove Planning Commission meeting. The property is in the service area of Washington Water Authority, Ozark Electric Power Company, Arkansas Western Gas, Cox Cable and Prairie Grove telephone.
Streets - The property fronts AR Hwy 62. There are two existing driveways into the property. The rear of the property is along WC # 19, Little Elm Road, an asphalt road in fair condition, with varying widths. The County Road Superintendent had no issues with the road, or drainage as it pertains to the road.
PERMITS: A septic permit for the new system on Tract 1 must be approved by the Health Department.
The following items are covered in Ordinance 99-32:
RECOMMENDATION: Preliminary and Final Plat approval of the proposed lot split/subdivision with the following conditions:
1. Show on the plat the ROW on Little Elm Road as 30'.
2. Have 2 plats signed and filed for record in the Circuit Clerk's Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75, Final Plat submission, approval and filing,(4) items a - e]
3. Return 4 copies of the signed and file-marked plats to the Planning Office.
[Numbers 4 and 5: DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; (4) a. Submit to the Administrative Officer two (2) copies of the Final Plat with appropriate signatures of approval]
4. Transmit file stamped copies to Prairie Grove as requested.
PLANNING BOARD ACTION: Prel. & Final Plat Approved 9/5/02 Denied Tabled
Representative Mike Vendor, with North Star Engineering, was present. He commented that there was only one septic system at this time servicing two homes, but that another one was going in.
Frank Ditmars, Road Superintendent, questioned the driveway width on Little Elm Road and asked that the right-of-way on Little Elm road be shown on the plat.
Gary Head made a motion to approve the Preliminary and Final Plat subject to showing the right-of-way on Little Elm Road and other staff comments. Karen Inlow seconded. Preliminary and Final Plat were approved as recommended.
Planning Director Celia Scott-Silkwood, stated that the recommendation report received in the Planning Board packets was also received by the engineer and they had already made all of the adjustments and that=s the reason she gave the Board the new plats to review at this meeting.
Lincoln
c. Replat Tract 1 Lincoln Acres Subdivision
Location: Section 31, Township 15 North, Range 32 West
Owner/Developer: Neil Helm
Engineer/Surveyor: Alan Reid
REQUEST: Preliminary and Final Plat Approval for a Replat of Tract 1, Lincoln Acres Subdivision. The property owner would like to divide 1 parcel into 4 pieces: Tract 1A into 10.69A; Tract 1B into 7.17A; Tract 1C into 8.61A; Tract 1D into 10.00A.
PLANNING AREA : The property is located in the Lincoln Planning Area.
BACKGROUND: The property is currently owned by Neil Helm, and he is bringing this project forward. The plat was originally filed as Lincoln Acres Subdivision in 1978, a 7 tract, large-lot subdivision. Glenn and Kathy Braly bought Tract 1, 36.47A, in 1995. They received lot split approval, for 4 lots, from Lincoln Planning Commission in April, 1999. The lot split request was never approved by the County. Additionally, the Braly
=s did not file the split with the Circuit Clerk.
Shortly after the Braly
=s received lot split approval from Lincoln, Neil Helm purchased the 4 individual lots. He then sold 3 of the lots to Marvin Wallace, and the southern most lot to Othella Brogan. Nobody, including the Circuit Clerk and the title company, discovered that the County had not approved the splits.
Othella Brogan recently sold her lot to her daughters. The daughters then went to the Lincoln Planning Commission in August, 2002 to ask for a family split of the 10 acre tract, into 3 lots (3A, 3.5A, & 3.5A). The Planning Commission approved the split August 8, 2002. The daughters came to the County to get a family lot split approval from the Planning Director. It was at this time that it was discovered that the lot split of the original Tract 1, into the 4 lots, was never approved.
Consequently, the Planning Director asked Neil Helm, the person who sold the 4 lots individually, to come before the Planning Board with a replat of Tract 1 in Lincoln Acres Subdivision. A replat is necessary because the tract is in a previously platted subdivision. The daughters will need to request a replat of the replat of Tract 1 at a later date.
SURROUNDING DEVELOPMENTS: There are no rural developments within one mile of the proposed subdivision.
INFRASTRUCTURE:
Water - The lots are served by the City of Lincoln water.
Other Utilities - The lots are in the service area of Ozark Electric Cooperative Corporation and Prairie Grove Telephone.
Streets - All the lots are accessed by WC # 445 (Mitchell Avenue) which is a 20' gravel road and is classified as a local road on the County Functional Classification map.
The County Road Superintendent offered no additional road or drainage improvements.
DEPARTMENT OF HEALTH: The Department of Health has issued permits for the houses already built in the property. The daughters will need to obtain permits if dwelling units are to be placed on Tract 1D.
The following items are covered in Ordinance 99-32:
RECOMMENDATION: Preliminary & Final Approval of the proposed subdivision replat, due to the fact that the lots have already been sold, with the following conditions:
1. Show on the plat the name of the development as Replat of Tract 1, Lincoln Acres Subdivision [DIVISION 2 APPROVAL PROCEDURES; Sec.11 - 77, (2)]
2. Show on the plat the location and use of existing buildings or other facilities on the property, or a note indicating there are none. [DIVISION 2 APPROVAL PROCEDURES; Sec.11 - 77, (9)]
3. Show on the plat the location of perennial and intermittent water courses on or adjoining the property, of a note indicating there are none. [DIVISION 2 APPROVAL PROCEDURES; Sec.11 - 77, (12)]
4. Show on the plat a note describing any plat and deed restrictions, or a note indicating there are none. [DIVISION 2 APPROVAL PROCEDURES; Sec.11 - 77, (14)]
5. Show on the plat the address of each tract. [DIVISION 2 APPROVAL PROCEDURES; Sec.11 - 77, (22)]
6. Have 2 of the signed plats filed for record in the Circuit Clerk's Office. [DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75, Final Plat submission, approval and filing,(4) items a - e]
7. Return 4 copies of the signed and file-marked plats to the Planning Office.
[Numbers 4 and 5: DIVISION 2 APPROVAL PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; (4) a. Submit to the Administrative Officer two (2) copies of the Final Plat with appropriate signatures of approval, b. Obtain the Administrative officer's signature and submit both copies with covenants and certifications to the Circuit Clerk's office (pg. 11)]
8. Transmit file copies to the city of Lincoln as requested.
9. Administrative approval for a family split on Tract 1D is authorized by the Planning Board. The split is for Tamera Leonard and Samantha Duran. The family split cannot be approved until the Final Plat is recorded.
George Holmes opened the meeting for comment.
Celia Scott- Silkwood, Planning Director, explained that this property split had not ever come through the County Planning Office, and it hadn=t gotten filed with the Circuit Clerk, either. However, the lots did get sold. She explained that this is a formality so all the divisions of land, including the original four tract split, and the subsequent three lot split of Tract 1D, can get County Planning approval and be filed with the Circuit Clerk.
Mr. Helm was present, and stated that the property was in this condition when he purchased it.
The tract splits had been approved by the city of Lincoln, but not the County. He said that Washington County Abstract neglected to get them filed after he closed on the purchase of the tracts.
Neighbor Linda Cheatam was present and stated her concern with the access road on the south side of Tract 1D. She said that it comes off of a slope, and questioned how the owners were going to get into their property. She didn=t feel like it would be a safe situation. Gary Head stated that the Board was not dealing with the proposed split of Tract 2 (which would be accessed by the 50' easement) at this time. They were dealing with the four tracts that should have been split along time ago. He said it would be discussed at another meeting having to deal with the other split and that the Board would consider her concerns at that time.
The new owners of the property, sisters Tamera Leonard and Samantha Duran, explained about their driveway and where they intended to access all three lots. They said they had a 30' access easement on the north side of Tract 1D that they would be using. It would not be on a slope and the 50' easement would be owned by the them. Celia Scott-Silkwood reminded them that the 50' easement was dedicated to Tract 2, and as such was not owned by them, even though it runs across their property.
Gary Head made a motion to approve the replat of Tract 1, Lincoln Acres Subdivision, into four tracts, 1A, 1B, 1C, and 1D. He also included in the motion the authority for Celia Scott-Silkwood to administratively split Tract 1D into three family lot splits. Robert Daugherty seconded. The motion was approved as recommended.
Lincoln
d. Neil Helm Summers Mountain Subdivision
Location: Section 15 & 22, Township 15 North, Range 33 & 34 West
Owner/Developer: Neil Helm
Engineer/Surveyor: Alan Reid
REQUEST: Preliminary approval to subdivide an approximately 80 acre parcel into 5 tracts:
Tract A -6.18 acres
Tract B - 10 acres
Tract C - 10 acres
Tract D - 10.56 acres
Tract E - 5.46 acres
PLANNING AREA : The property is located in the Lincoln planning area. The Lincoln Planning Commission declined to make a decision approving, or denying, the proposed subdivision. They preferred to let the County Planning Board make the decision.
BACKGROUND: The property is currently owned by Neil Helm. Mr. Helm originally acquired the property as approximately 80 acres. He purchased it in May, 2002. Mr. Helm received lot split approval of 5 acres on the south side of the county road (#02-167).
SURROUNDING DEVELOPMENTS: There are no developments within a mile of the proposed subdivision.
INFRASTRUCTURE:
Utilities - The property is in the service area of Ozarks Electric and Prairie Grove Telephone.
Streets - The property fronts WC #676 (Summers Mountain Road), which is gravel and classified as a local road with a 30' right-of-way. No road improvements are required by the Road Superintendent.
Tracts A, D, and E are bisected by easements. These are described on the plat as
Aproposed easements@. They will need to be dedicated access easements. In fact, the easement through Tract A has the County Road number of 3622. The plat needs to reflect this.
Drainage - There were no drainage issues raised at the time this report was written. That
=s not to say that some may arise at a later date.
PERMITS:
Health Department - Approval from the Health Department is required since this is considered a subdivision. No comment has been received at the time this report was written.
RECOMMENDATION: This proposed subdivision is missing many items required on the plat. However, the public has been notified that the project will be reviewed at the September Planning Board meeting. Therefore, the Planning Director chose to put it on the agenda, even though it was missing more than 4 of the required items.
Thus, Preliminary Plat approval of the proposed subdivision is recommended, with the following conditions:
General Information Prelim. Plat Final Plat
[Division 2, Section 11-77, Item 2]:
1. Show the name of the development as Neil Helm Summers Mtn. Subdivision X X
2. Show total acreage for parcel #001-09501-000; omit #001-09600-000 from the plat X X
3. Send a notification letter via certified mail to surrounding property owner(s) and X X
return the postal receipt(s) to the planning office before the next Planning Board meeting.
[Division 2, Section 11-77, Item 8]:
4. Show adjacent developments and property owners (including X X
the parcel numbers) and the use of the property.
[Division 2, Section 11-77, Item 5 and 6]:
5. Show a vicinity map with scale and north arrow indicating: X X
a. surrounding roads
b. surrounding water bodies
c. surrounding municipal limit lines, planning area boundaries,
state lines, county lines.
Prelim. Plat Final PlatGeneral Information
[Division 2, Section 11-77, Item 9]:
6. Identify the surface condition of the county road. X X
7. Show the right-of-way measurements next to AR/W@ on the plat X X
8. Identify Residential Drive #3622 on the plat and identify the easements as dedicated. X X
[Division 2, Section 11-77, Item 10]:
9. Show the location, ownership, and size of existing utility lines, overhead X X
and underground power and common lines, sewers , water mains, gas
mains (including septic systems and water wells) within and adjoining the
property, or a note indicating there are none.
[Division 2, Section 11-77, Item 12]:
10. Show on the plat the location of perennial and intermittent water courses on X X
or adjoining the property or a note indicating there are none.
[Division 2, Section 11-77, Item 7]:
11. Show the existing topography (at 10' intervals) within the development. X X
[Division 2, Section 11-77, Item 13:]
12. Include a note indicating type of soils on the site according the X X
USDA Soil Survey.
[Division 2, Section 11-77, Item 14]:
13. Include a note describing any plat and deed restrictions, or a note X X
indicating there are none.
14. (Recommended, but not required) The results of septic soil X X
testing if a permit is required by the Arkansas Dept. of Health.
Attach letter from Health Dept.
[Division 2, Section 11-77, Item 21]:
15. Show the location of building setback lines. X X
[Division 2, Section 11-77, Item 18]:
16. Indicate the proposed land use of all lands on the site, including proposed X X
facilities such as buildings, sidewalks, street lights and fire hydrants.
[Division 2, Section 11-77, Item 15]:
17. Show the address of each lot. May be added after the Planning Board Meeting. X
[Division 2, Section 11-77, Item 20]:
18. Show on the plat a note that the engineer will determine the size of the drainage X X
title to be installed under proposed driveways and streets.
[Division 2, Section 11-77, Item 33]
19. Show a note stating: AEach individual lot developer shall obtain X X
approval of septic system from the Washington County Health
Department Sanitarian Division.@
Signature Blocks Prelim. Plat Final Plat
[Division 2, Section 11-77, Item 22]
1. CERTIFICATE OF ACCURACY OF STREET AND ROAD X
PLANS AND SPECIFICATIONS:
I certify that the street and road plans and specifications hereon
comply with the requirements and specifications contained in the
"Regulations, Standards and Specifications for the Division,
Development and Improvement of Unincorporated Land in
Washington County".
Date:_________ Surveyor:_________________________________
[Division 2, Section 11-77, Item 28]
2. CERTIFICATE OF ACCURACY OF SURVEY: X
I certify that the plan shown and described hereon is a true and
correct survey and that the monuments have been placed as shown
hereon as required by "Regulations, Standards and Specifications
for the Division, Development and Improvement of Unincorporated
Land in Washington County".
Date:_______ Surveyor:__________________________________
[Division 2, Section 11-77, Item 27]
3. CERTIFICATE OF OWNERSHIP & DEDICATION: X
I hereon certify that I am the owner of the property described hereon
and I do hereby dedicate all street, access, utility, & drainage easements
to public or private use as indicated.
Date:________ Owner:____________________________________
[Division 2, Section 11-77, Item 31]
4. STATE HEALTH DEPARTMENT APPROVAL: X
The plan and specifications as shown on the plat were approved
by the Arkansas State Health Department by letter
Dated:_______ Signed By:________________________________
[Division 2, Section 11-77, Item 30]
5. COUNTY ROAD SUPERINTENDENT APPROVAL: X
The road easements shown are approved.
County Road Superintendent Date
[Division 2, Section 11-77, Item 29]
6. PLANNING BOARD APPROVAL: X
This plat lies within the planning jurisdiction of the
city of ____________________. The plans for ingress
and egress shown on this plat were approved by the
Washington County Planning Board at a meeting
held on (date)______.
Planning Director Date
[Division 2, Section 11-75, Item 4/e]
7. COUNTY JUDGE APPROVAL: X
The road easement dedications shown are approved. Acceptance of
roads and streets into the County road system will occur after they are
constructed to Washington County specifications.
County Judge Date
Planning Board Action: Preliminary Plat Approved: 9/5/02 Denied: Tabled:
Celia Scott-Silkwood stated that all the things listed have to be added to the plat and then it could be approved as a final. Due to the fact that it was missing so much the Planning Director did not feel that it could be recommended as a Preliminary and Final.
Celia Scott-Silkwood questioned whether or not Mr. Helm brought the new plat with everything on it.
Mr. Helm said that Alan Reid, the surveyor, is working on it and Mr. Helm wasn=t able to bring it in at this time. He also said that initially, the two easements that go to the property owners to the north of the proposed subdivision, didn=t exist. He said that the easements have been identified and described on the plat.
Celia Scott-Silkwood indicated to Mr. Helm that with two surveys she could have approved the project administratively. However, that=s a lot of survey work. Mr. Helm decided to present the project to the Board as a five lot subdivision, due to the prohibitive survey costs.
Celia Scott-Silkwood stated that there was only one neighbor adjourning the property and she thought that he had been notified, but evidently hadn=t. Celia Scott-Silkwood stated that Mr. Helm would notify the neighbor and ask for a written response back from him and if he had any issues the proposed project would come back before the Planning Board and start over.
George Holmes asked for anyone from the public with comment. No public comment was offered.
Frank Ditmars, Road Superintendent, said that the road identified on the east with a County road number, was not a County Road, but rather, is a Residential Drive, and it needs to be shown on the plat as such. The County doesn=t conduct road maintenance on a residential drive.
George Holmes asked the Board for discussion.
Dale Quinton moved to approve the Preliminary Plat subject to a written report with clarification of roads, easements, etc., and subject to staff comments. Karen Inlow seconded the motion. The Preliminary Plat was approved.
5. Old Business
6. Other Business
PUBLIC HEARING on an ordinance to amend Washington County Code 11-61 pertaining to Exemptions. The ordinance adds an exemption from the provisions specified in the County development regulations as follows: The division of land creation no more than four (4) lots, regardless of size and public road frontage, that is in a territorial planning area pursuant to Ark. Code Ann. 14-56-413 and has been approved by the Planning Commission of the appropriate city.
Dale Quinton asked Celia Scott-Silkwood to read
A11-61" of the Ordinance.
Celia Scott-Silkwood explained the proposed amendment in detail. She said that if a project comes in and it
=s no more than four lots, it doesn=t matter what the road frontage is, or access, or the size of the lot, if it had been previously approved by a city, The Planning Administrator can administratively approve the project.
Gary Head said this was making it easier for the people.
George Holmes asked if anyone from the public wanted to make a comment. George Holmes closed the Public Hearing with no further comments.
Gary Head recommended, and Karen seconded, to send the proposed amendment to the Quorum Court for approval.
Motion passes.
Gary Head moved to adjourn. Dale Quinton seconded. Motion passes, Planning Board adjourned.
Minutes submitted by: Ann Upton, Secretary
Approved by the Planning Board on: 10-3-02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
October 3, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
Fayetteville
a. Watkins Subdivision Variance, Preliminary and Final Plat Approved
1. ROLL CALL:
Roll call was taken. Members present include: Robert Daugherty, Charles Moreton, Karen Inlow, George Holmes, and James Anderson. Absent: Dale Quinton and Gary Head.
2. APPROVAL OF MINUTES: (from the Sept. 5, 2002 meeting) Karen Inlow made a motion to approve as written. Charles Moreton provided the second. Motion passes.
3. APPROVAL OF THE AGENDA:
Karen Inlow made a motion to approve the agenda. Charles Moreton seconded. Motion passes.
4. NEW BUSINESS:
Fayetteville
a. Watkins Subdivision
Location: Section 29, Township 16 North, Range 29 West
Owner/Developer: Lorene Watkins
Engineer/Surveyor: Alan Reid
REQUEST: PRELIMINARY AND FINAL PLAT APPROVAL, to subdivide a 40.07 acre parcel into 11 lots:
Lots 1 through 4 at 3.12 acres; Lot 5 at 3.51 acres
Lot 6 at 3.39 acres; Lot 7 at 4.23 acres;
Lot 8 at 5.65 acres; Lot 9 at 5.89 acres;
Lot 10 at 4.48 acres, and Lot 11(a cemetery) at .43 acre.
Lot 9 has a road frontage of 49', due to the creation of the cemetery lot, which was requested by Fayetteville. The County Development Regulations calls for a minimum road frontage of 75'. Therefore,
the developer is also requesting a VARIANCE of the road frontage requirement of 26' for Lot 9 and
47' for Lot 11.
PLANNING AREA : This property is located in the Fayetteville Planning Area.
BACKGROUND: The preliminary and final plat was submitted by Bob Hill of Nickle-Hill Group, Inc. on
behalf of the property owner, Lorene Watkins, for property located at 2551 Mally Wagnon Road.
The project was first reviewed by Fayetteville in November, 2001. The City required the developer to
notify surrounding property owners at that time. Through several meetings it was discovered that there
were some water issues with this property, as well as surrounding properties. The issues had to do with
a lack of water pressure. The City repaired a faulty valve near the tank on the east side of Van Hoose
Road, which resulted in water pressure doubling in the line. Additionally, it was determined, at the city
level, that the developer would contribute $5,000 to install an 8" water line along Mally Wagnon Road
from Hwy 16 southward approximately 1,700 feet to complete a waterline loop. The Fayetteville Planning Commission approved the preliminary and final plat at their August 12, 2002 meeting.
UTILITIES: The project will be served by Fayetteville water, Ozarks Electric, SW Bell Telephone, and
Arkansas Western Gas. All utility issues were resolved during city review.
ROADS: The project is accessed by WC #139, Mally Wagnon Road, which is a 20' chip & seal surface in
good condition. The project is also accessed by WC #141, Leo Ammons Road, which is a 20' gravel
surface. Neither road is recommended to be any other classification than Local, on the County
Functional Classification map or the 2025 Regional Transportation Plan.
The project is located at the top of a large hill. No drainage issues were identified, as relating to roads,
due to the large acreages of the lots.
PERMITS:
Subdivision approval has been granted by the Health Department, see attached letter.
______________________________________________________________________________________________
RECOMMENDATION: ROAD FRONTAGE VARIANCE APPROVAL, due to the fact that Fayetteville requested the cemetery be labeled as a separate lot, thus causing the reduction in road
frontage for Lot 9 and Lot 11.
RECOMMENDATION: PRELIMINARY AND FINAL PLAT APPROVAL, with the following conditions:
1. Any road issues will be resolved with the County Road Superintendent.
2. The cemetery shall be labeled as Lot 11 and labeled Unbuildable. [Fayetteville Planning Commission]
3. A note shall be added to the plat which states that "No lot splits will be allowed until such
time as the waterline along Van Hoose is upgraded to an 8" line". [Fayetteville Planning Commission]
4. Show on the plat the location of perennial and intermittent water courses on the property,
or a note indicating there are none. [Division 2, Section 11-77, Item (12)]
5. Show on the plat a note describing any plat and deed restrictions, or a note indicating
there are none. [Division 2, Section 11-77, Item (14) See #3 above]
6. Show on the plat a note that indicates the address of each lot shall be assigned at the
time they are sold.
7. Have the plat signed and filed for record in the Circuit Clerk=s Office, and return 4 copies
of the signed and file-marked plats to the Planning Office. [DIVISION 2 APPROVAL
PROCEDURES; Sec. 11-75 Final Plat submission, approval and filing; Item (4) a. and b.]
8. Transmit file-marked copies of the FINAL PLAT to Fayetteville as requested.
Celia Scott-Silkwood, Planning Director, explained that Fayetteville requested Lot 9 to have 49'
of road frontage, due to the creation of the cemetery in Lot 11. The County Development
Regulations call for a minimum road frontage of 75'. The developer request a variance of the
road frontage requirement of 26' for Lot 9 and 47' for Lot 11. Karen Inlow moved that the
Planning Board approve the variance of frontage based on the fact that Fayetteville requested
the cemetery be labeled as a separate lot. Robert Daugherty seconded. By unanimous vote the variance request was approved.
George Holmes, Planning Board Chair, opened the public meeting.
Larry and Crissa Nixon, adjacent property owners, came to voice their concerns about the cemetery and water pressure for the Watkins Subdivision. Bob Hill of Nickle-Hill Group, Inc., asked that the cemetery be conveyed separately from Lot 9 for owner Lorene Watkins. Nixon stated that no one knows exactly where the cemetery boundaries are but that they do know that the cemetery was plotted off the way it was to keep cows out of the cemetery. The fence was strung on the trees that were available. Hill commented that the surveyor went out with a team and identified where the markers were that they could find, that’s how they drew the boundaries. Karen Inlow told them that there is an imaging service at the University that could help them locate the grave sites. George Holmes commented that what is in Lot 11 would have been in Lot 9, and that it is clear that the frontage is narrower. Nixon stated that the road in front of Lot 1 and Lot 2 has a big tile under the road for all the drainage to go. James Anderson asked what would happen if a grave was found in Lot 9. Hill stated the road access would be moved into Lot 10.
Nixon stated that they have no water pressure and it needs to be brought up to date. Nixon also stated that the Watkins Subdivision is on the end of the water line and that they asked for abundant water pressure. The Health Department thought that the subdivision would be at the foot of the hill so they ran the tests at the bottom of the hill on the first set of tests. The subdivision is actually at the top of the hill, so the Health Department should come back to test the pressure again when the eight inch water line is completed and flushed. Nixon wanted the county to have the city upgrade the water pressure. Hill stated that the eight inch water line is a mistake because a private service line will be installed, not an eight inch line. Each house will have a separate tap on the four inch line. Hill stated that the last thing he wants to do is get a lot split with no water pressure. Hill asked about the rest of the people opposed to the project because of the water issues, and why they didn’t show up at any of the public meetings held in Fayetteville.
Holmes said that it appears that there are approximately 16 homes, after listening to the Nixons, that might have water pressure problems. He told the Nixons that the Planning Board has jurisdiction over roads and drainage. The Board had no authority to require large water lines to service the subdivision. Additionally, he told them to contact their Justice of the Peace or the County Judge to voice their concerns and possibly allow the Board to review utility service. Holmes thought that the water line upgrade would come after the houses were built. Without the subdivision, upgrading the water may not happen.
Charles Moreton moved to approve the Watkins Subdivision preliminary and final plat. Robert Daugherty seconded. Motion passes.
Planning Board voted by acclamation and adjourned.
Minutes submitted by: Amanda Thompson and Ann Upton
Approved by the Planning Board on:12/05/02
MINUTES
WASHINGTON COUNTY PLANNING BOARD
December 5, 2002
5:30 p.m., Conference Room, 2615 Brink Drive,
Fayetteville, AR
DEVELOPMENTS REVIEWED: ACTION TAKEN:
County
a. Rose Prairie Estates Subdivision/Private Road Dev. Preliminary and Final Plat Approved
Tontitown
b. Tontitown Substation LSD Preliminary and Final Plan Approved
1. ROLL CALL:
Roll call was taken. Members present include: Robert Daugherty, Charles Moreton, Karen Inlow, George Holmes, and Dale Quinton. Absent: Gary Head and James Anderson.
2. APPROVAL OF MINUTES: (from the October 3, 2002 meeting) Karen Inlow made a motion to approve as written. Charles Moreton provided the second. Motion passes.
3. APPROVAL OF THE AGENDA:
Karen Inlow made a motion to approve the agenda with the addition of the new revised recommendation report. Charles Moreton seconded. Motion passes.
4. NEW BUSINESS:
a. Rose Prairie Subdivision
Location: Section 26, Township 16 North, Range 32 West
Owner/Developer: Dana Samples and John Marsh
Engineer/Surveyor: Viiram McKenney - Center Point Surveying
REQUEST:
Preliminary and Final Plat Approval for a 12 lot subdivision/private road development (PRD), as follows:$ Lots 1-5 @ 3 acres
$ Lot 6 @ 4.8 acres
$ Lot 7 @ 3.6 acres
$ Lot 8 @ 5.2 acres
$ Lot 9 @ 5.2 acres
$ Lot 10 @ 7.5 acres
$ Lot 11 @ 7 acres
$ Lot 12 @ 4.5 acres
BACKGROUND: The property was purchased in May, 2002, by Dana and Donna Samples. The property has a total of 52.89 acres.
PLANNING AREA: The development is not in any city planning area.
SURROUNDING DEVELOPMENTS: There are four developments within one mile of the proposed subdivision:
$ Prairie View (#95-30), a 40 acre, 2 lot subdivision, $ Terry Ware SD (#96-296), with 3 lots on 9.26 acres, $ Flynt SD (#97-181), with 3 lots on 10 acres, $ Jones LS (#99-268), which is 2 lots on 2 acres.
INFRASTRUCTURE:
Water - The project is served by Washington Water Authority. Comments were received December 2, 2002. They are as follows:
1. Plans and specifications for the water main extension must be prepared by a licensed Arkansas
Professional Engineer.
2. Plans and specifications must first be submitted to the Washington Water Authority office for review and approval, and then submitted to the Arkansas Department of Health for approval.
3. Copies of approved Health Department permits for individual septic systems for each lot must be submitted to the Washington Water Authority before any meter will be set. 4. All materials for the water main extension (between Lots 6 and 7) shall meet the requirements
of the Washington Water Authority. 5. The water main extension will be required to be installed by a contractor licensed by the State of Arkansas. 6. Applicable fees for lots served by meter services as part of this water main extension must be paid for, before individual meters will be set.
See RECOMMENDATIONS for further items to be included on the plat.
Other Utilities - The project is in the service area of Ozark Electric Power Company, and Prairie Grove Telephone. Ozark Electric submitted comments which are listed below. Prairie Grove Telephone submitted the following comments on December 2, 2002:
1. Access to Lots 8 and 9 - If there are any roads to be installed, PG Telephone might possibly want conduit installed under the roads to accommodate service.
2. On the north side of the proposed development (south side of WC #615), PG Telephone has, in the embankment, an existing cable that parallels WC #615. If this embankment is to be removed or lowered, the existing service line may have to be moved or lowered.
3. There is an existing fiber optic cable on the north side of WC #615. If any work is done on the north side of the road, PG Telephone must be notified.
4. There is a subscriber cable that currently runs through Lot 12 along WC #615. PG Telephone needs to know if this line will cause a problem now, or in the future.
5. PG Telephone is planning on installing serives underground throughout the subdivision.
Streets - The property fronts WC #37 (Viney Grove Road) to the east. It is a 23 foot wide asphalt road in good condition, with a 60 foot right-of-way. The property also fronts WC #615 (Rose Cemetery Road) on the north. This road has an 18 foot wide gravel driving surface, in good condition. It, too, has a 60 foot right-of-way.
Additionally, Lots 8 and 9 will be accessed by a 30' private drive off Viney Grove Road. The developer will not
required to improve the drive, nor will the developer be required to improve Viney Grove Road or Rose Cemetery Road.
Drainage - There is a substantial drainage area that bisects the property, from east to west, somewhere in the vicinity of Lot 4. This empties into a rather large drainage ditch that runs parallel to Viney Grove, along the frontages of Lots 1 - 7. The County Road Superintendent asked that both these drainage features be shown on the plat, and that the size of each of the driveway tiles for Lots 1-7 be shown on the plat.
PERMITS: Health Department - The project must receive subdivision approval from the Health Department. Additionally, before any structures may be built, septic permits must be approved by the Health Department. No comments were received from the Health Department at the time of preparation of this report.
The following items are covered in Ordinance 99-32 and/or requested by the appropriate utility service:
RECOMMENDATION: Preliminary & Final Plat approval of the proposed subdivision with the following conditions:
1. Show on the plat, per County Road Superintendent, the interior drainage ditch and the drainage ditch that parallels Viney Grove Road.
2. Show on the plat, per County Road Superintendent, the individual sizes of each driveway tile for Lots 1 -7.
3. Complete the APrivate Road Disclosure Form@, file with the Circuit Clerk, and return a file- marked copy to the Planning Office.
4. Show on the plat that there will be a Private Drive sign at the entrance to the 30' private drive leading to Lots 8 and 9.
5. Show on the plat a note, in noticeable fashion, the following: NOTICE: THIS ROAD IS NOT
CONSTRUCTED TO THE COUNTY STANDARD. THE MAINTENANCE OF THE ROAD IS THE RESPONSIBILITY OF THE CURRENT AND FUTURE PROPERTY OWNERS. THE ROAD WILL NOT BE ACCEPTED FOR MAINTENANCE BY THE COUNTY UNTIL IT IS CONSTRUCTED TO THE COUNTY STANDARD AT THE EXPENSE OF THE PROPERTY OWNERS.
6. Add APRD@ to the title block on the plat (to indicate the project is a subdivision, as well as a private road development).
7. Ozark Electric requests:
1) Show on the plat a 20' UE along the west side of Viney Grove Road.
2) Show on the plat a 20' UE along the north property line of Lot 1.
3) Note that any relocation of existing Ozark Electric facilities will be at the owners= expense.
8. Washington Water Authority requests:
1) Show on the plat that the water main extension shall be a 6" AWWA C900-DR PVC water main.
2) Show on the plat a separate 20' waterline easement to the north of the private drive (in Lot 6). The water main extension shall be installed in this separate easement, not in the private drive easement.
3) Show on the plat that Lots 6 and 7 shall have meter services installed as part of the water main extension.
4) Proposed meter services for all Lots not served by the water main extension shall be shown on the plat. Double meter services shall be shown between Lots 4 and 5; between Lots 2 and 3; and between Lots 1 and 10. A meter service shall be shown for Lot 12, and a meter service needs to be shown for Lot 11 if there is not an existing meter serving the current residence. These meter services shall be made by the Washington Water Authority. All applicable fees, including bore fees, for each meter service shall be paid for by the developer, not each individual property owner, before any meter service will be installed by the Washington Water Authority.
9. Show on the plat the address of each Lot.
10. Have 10 plats signed, and file for record at least 1 plat, in the Circuit Clerk's Office.
11. Return 5 copies of the signed and file-marked plats to the Planning Office.
Lots may not be sold until the final plat is filed.
Viiram McKenney, Center Point Surveying, stated that he believed that the county requirements for a private road are only 30'. The reason they showed it as 40' on the plat is because they thought the water line extension was going to be inside the road easement. So, the easement needs to be reduced to 30'. Also, show the Water Department=s additional 20' utility easement. McKenney added that the main water line that runs up and down Viney Grove Road is only a 4" line, so their engineers said that the 6" required must be an error. Josh Moore, Washington Water Authority, commented that it was not an error. The requirement for the 6" line is that one of these days they are going to upgrade to a bigger line.
Celia Scott-Silkwood, Washington County Planning Director, stated that the 20' utility easement outside the 30’ easement came off CR#37. George Holmes stated that the 40' easement was now reduced to 30'. Holmes asked about access to lots 8, 9, 10, and 11. Scott-Silkwood stated that lots 10 and 11 have road frontage on CR#615 and that lot 12 has a road going through it. McKenney commented that the water meter is north of the existing house and that they did locate it, but it was not labeled on the plat. George Holmes stated that subdivisions on Viney Grove Road or in that vicinity had a hard time with perc tests. McKenney added that the engineers have done all the perc tests and soil tests. They’re now waiting for the local sanitarian’s report and then they’re going to send the tests to Little Rock for approval.
Dale Quinton moved to approve the Rose Prairie Subdivision preliminary and final plat. Quinton amended the motion to read that the 40' easement would be reduced to a 30' easement between lots 8 and 9 with an additional 20’ utility easement to run north of the 30' easement. Robert Daugherty seconded. Motion passes.
Tontitown
b. Tontitown Sub-Station Large Scale Development
Location: Section 33, Township 18 North, Range 31 West
Owner/Developer: Southwestern Electric Power Company
Engineer/Surveyor: NTB Associates, Inc.
REQUEST:
Preliminary and Final Plan approval to develop an electrical substation on a 6.55 acre parcel adjacent to the Tontitown city limits on the north side of WC # 904 (Liberty Avenue).The plan involves the development of the site for the purpose of an electric switching station for the transmission of electric power. The substation is owned by AEP SWEPCO. The project will encompass the following steps: site preparation (grading), setting foundations, electrical switching equipment, electronic monitoring equipment and various other types of electrical equipment as needed.
The site will be fenced and gated and will have electrical transmission lines entering and leaving the facility via easements that have been acquired as needed. Additionally, the site is accessed from the south, off Liberty Ave.
Finally, the site will be an un-manned facility, therefore there will be no need for Health Department permits. _______________________________________________________________________________________
Southwestern Bell Tontitown, a 250' communication tower
INFRASTRUCTURE
:Water - The property is in the service area of Tontitown water.
Other Utilities - The property is in the service area of Southwestern Bell Telephone, Arkansas Western Gas, and Ozark Electric. However, the substation will be using it=s own electricity, that of AEP SWEPCO. Ozark Electric will be the back up power. All utilities currently located at the site have been identified and any issues needing attention are being addressed and resolved.
Streets - The property fronts WC #904 (Liberty Avenue). The road is 30' wide, with a gravel surface, and a 60' total ROW. Per an agreement with the County Road Department, Tontitown is jointly responsible for the maintenance of the road. The Road Department approved the installation of approximately 100' of tile under the driveway accessing the site. The Road Superintendent had no other comment on the project.
Drainage - The site will be graded to follow existing drainage ways, with no additional drainage occurring on the road or adjacent property owners. In addition, part of the site will remain in naturally occurring foliage, and any driving surfaces will be permeable.
PERMITS:
Arkansas Department of Health - This is an un-manned facility, thus requiring no permit. _______________________________________________________________________________________
The following items are covered in Ordinance 99-32:
Staff reminds the Planning Board that additional issues may be addressed when considering approval of the proposed project. Staff cautions members to use a "reasonableness" measure when addressing issues not specifically covered in the development ordinance.
RECOMMENDATION: Preliminary & Final Plan approval, subject to the following conditions:
1. Change the electric utility on the plat, from Carroll Electric, to Ozark Electric.
2. Have all signature blocks signed on 10 Final Plats - 2 for filing in the Circuit Clerk’s office, 4 for the County Planning office, remainder for the developer.
3. Have 2 of the signed plats filed for record in the Circuit Clerk's Office.
4. Return 4 copies of the signed and file-marked plats to the Planning Office.
5. Transmit file-marked copies of the plan to Tontitown as requested.
George Carpenter, Project Manager for AEP, stated that SWEPCO power would be used as the primary power source and that Ozark Electric would be used as the back up power source. Dan Watson, Tontitown Mayor, commented about the maintenance of Liberty Road, it would be jointly maintained by the county road department and the city of Tontitown. Watson stated that they were comfortable with the water situation. Carpenter told the Planning Board that they applied for and received the Certificate of Convenience and Necessity (CCN) Arkansas public service commission. Arkansas law specifically requires the CCN, however it pertains more to transmission lines. Robert Daugherty asked about health hazards for the households close to the main transmission lines. Carpenter stated that there are no residences around the substation, another reason for CCN. Carpenter added that they’re going to use poles and not towers. Scott-Silkwood stated that there’s a possibility of a natural gas power generation plant going in on adjacent property. The station was going to be built anyway. Dale Quinton asked if the county has any jurisdiction over the lines themselves, Celia Scott-Silkwood replied, "No".
Karen Inlow moved to approve the Tontitown Substation LSD preliminary and final plan. The road will be maintained jointly by the county and the city of Tontitown. Charles Moreton seconded. Motion passes.
Other Business-The Planning Board was given the October and November staff reports.
Robert Daugherty moved to adjourn. Karen Inlow seconded. Motion passes, Planning Board adjourned.
Minutes submitted by: Amanda Thompson
Approved by the Planning Board on: 01/02/03