MINUTES

WASHINGTON COUNTY PLANNING BOARD

March 2, 2006

5:30 p.m., Quorum Courtroom, New Courthouse

Fayetteville, Arkansas

 

 

DEVELOPMENTS REVIEWED:                                                            ACTION TAKEN:

 

County

a.  Adam Daily Subdivision                                                            Preliminary and Final Plat Approval

County

b.  Keith Cox Development                                                             Tabled

Farmington Planning Area              

c. East Creek Place                                                                        Final Plat Approval

Farmington Planning Area              

d.  North Clubhouse Estates Block 2B                                            Final Plat Approval

County                                                 

e.  Meadowsweet Subdivision                                                        Tabled

Fayetteville Planning Area              

f. Sassafras Hill Road Subdivision                                                    Tabled

  Springdale Planning Area              

g.  East Elementary School Springdale School District LSD             Final LSD Plan Approval

  Farmington

h.  Somerset Subdivision                                                                Concept Plat Discussion

Tontitown Planning Area

i.  Harmon Arbor Subdivision                                                        Preliminary Plat Approval                     

Fayetteville Planning Area              

j. Mally Wagnon Estates                                                             Preliminary Plat Approval

Fayetteville Planning Area                                      

k.  Horsebend Estates (Hamm Property Subdivision)                   Tabled

Fayetteville

l. Joyce Boulevard Storage LSD                                                     Concept LSD Plan Discussion

Farmington Planning Area              

m. Elkhorn Springs Dirt Pit LSD                                                 Tabled

  1. ROLL CALL:

Roll call was taken.  Members present include: Robert Daugherty, George Holmes, Randy Laney, Dale Quinton, and Karen Inlow.  Absent: Gary Head and Larry Walker.

  2.  APPROVAL OF MINUTES: (from the February 2, 2006 meeting) Karen Inlow made a motion to approve as written. Robert Daugherty provided the second.  Motion passes.

  3.  APPROVAL OF THE AGENDA:

Randy Laney made a motion to approve the revised agenda with items being tabled. Robert Daugherty seconded.  Motion passes.

  4.  NEW BUSINESS

  County

a.  Adam Daily Subdivision

Location: Section 3, Township 15 North, Range 31 West

Owner/Developer:  Adam Daily

Engineer/Surveyor: Jenkins Surveying, Inc.

3.72 acres and 3 lots

REQUEST: Preliminary and Final Plat Approval for, Adam Daily Subdivision 3.72 acres with 3 lots. 

Tract 1 – 1.0

Tract 2 – 1.37

Tract 3 – 1.35

  BACKGROUND: The property is owned by Adam Daily. There are no previous splits done on this parcel number.

  PLANNING AREA: The development is located solely within the County’s jurisdiction.

  INFRASTRUCTURE:

  Water - The project is served by Washington Water Authority.

  Other Utilities - The land is in the service area of SWEPCO, Cox Communications, Arkansas Western Gas, and Prairie Grove Telephone.

  Streets - The property has access off AR HWY 170.  Tract 3 accesses solely off of HWY 170.  Tracts 1 and 2 are accessed by an access easement (Currently shown as 20’- must be changed to 30’ prior to approval).

  PERMITS: Health Department - Before any structures may be built, a septic permit must be approved by the Health Department.

  STAFF COMMENTS:

      1.       State the proposed land use within the development. (Residential?)

2.       The sizes of all driveway tiles should be stated.

3.       It is not necessary to include the Fire Marshal’s signature block on developments of four lots or less.  Please remove.

4.       Please show roadway easement as a Utility easement also.

  WASHINGTON COUNTY ROAD DEPARTMENT COMMENTS:

1. Increase Roadway easement Right-of-Way (ROW) width to 30’.

ARKANSAS HEALTH DEPARTMENT COMMENTS:

1. Must meet subdivision requirements from State Health Department: any time there are 3 lots, any of which are less than 3 acres, they must have an engineer-stamped plat.

SWEPCO COMMENTS:

1. A 20’ utility easement along SWEPCO distribution line is needed.  Also needed is a change of the building setback to be building setback and utility easement.

COX COMMUNICATIONS COMMENTS:

1. ½ mile from existing plant—will need customer assistance to build to subdivision.

WASHINGTON WATER AUTHORITY COMMENTS:

1. A 25’ utility easement should be located north of 20’ roadway easement along lots 1 & 2.
2. Tract 3 – 25’ building setbacks should be 25’ building setbacks & utility easements
3. Tract 3 can obtain water service from across highway 170.  If Tract A requires water service, developer will have to run a water main as per WWA requirements.  This may include offsite water main to upgrade the water main to subdivision/development requirements.
4. 911 addresses should be labeled for each tract.

PRAIRIE GROVE TELEPHONE COMMENTS:

1. Please show all building setbacks as utility easements also.  North property line will be ok.

STAFF REPORT:

This subdivision comes before you because there is more than one lot less than 5 acres in size.

This subdivision has not yet met the Health Department Subdivision Regulations at this time. According to their regulations, any time there are 3 lots, any of which are less than 3 acres, they must have an engineer-stamped plat.

The applicant feels he may be able to resolve the issue with the Health Department by the time of the Planning Board meeting, in which case Staff will recommend Preliminary and Final Plat approval with conditions.

RECOMMENDATION: If Health Department Approval is received, recommend Preliminary and Final Plat approval of Adam Daily Subdivision with the following conditions:

1.       State the proposed land use within the development. (Residential?)

2.       The sizes of all driveway tiles should be stated on the plat.

3.       It is not necessary to include the Fire Marshal’s signature block on developments of four lots or less.  Please remove.

4.       Please show roadway easement as a Utility easement also.

5. Increase Roadway easement Right-of-Way (ROW) width to 30’.
6. Must meet subdivision requirements from State Health Department: any time there are 3 lots, any of which are less than 3 acres, they must have an engineer-stamped plat.
7. A 20’ utility easement along SWEPCO distribution line is needed.  Also needed is a change of the building setback to be building setback and utility easement.
8. A 25’ utility easement should be located north of 20’ roadway easement along lots 1 & 2.
9. Tract 3 – 25’ building setbacks should be 25’ building setbacks & utility easements
10. Tract 3 can obtain water service from across highway 170.  If Tract A requires water service, developer will have to run a water main as per WWA requirements.  This may include offsite water main to upgrade the water main to subdivision/development requirements.
11. 911 addresses should be labeled for each tract.

12.   Please show all building setbacks as utility easements also.  North property line will be ok.

13.   Have all signature blocks signed on 10 Final Plats - 2 for filing in the Circuit Clerk’s office, 6 for the County Planning office, remainder for the developer.

Adam Daily, owner of the proposed project, was present to answer any questions.

Juliet Richey, Washington County Planning Director, stated, “This project is near the Valley View Golf Course.  The property has access off of Hwy. 170.  The project is 3.72 acres with 3 lots.  Tract 1 – 1.0, Tract 2 – 1.37, and Tract 3 – 1.35.  The reason that this project is before the Board is because the tracts are so small and there is more than one tract that is less than 5 acres.  Tract 2 does have an existing house on it and Tract 3 has an existing shed.  Tract 3 has access to Hwy. 170, Tracts 1 and 2 has access by a 30’ wide roadway easement.  Mr. Daily did submit Health Department approval to the Planning Office, so that condition is cleared.  There are several conditions; Mr. Daily stated that he has no problem meeting the remaining conditions.”

Billie Carnes, adjoining property owner to the south, commented, “I own land all around the project.  I don’t like this subdivision and some of the neighbors don’t like it either.  They want to take down my fence and I told them that they couldn’t.  If they want to build a fence they can build it inside of my fence.  Today they cut down a big Oak tree, they’re doing a lot of work but they don’t have approval.  He said that he is going to put two trailers on one of the tracts, they don’t have water supply.  I’m concerned about perc tests.  I don’t like the situation; I’ll be a neighbor to them, they’re not going to run over me.”    

James Newell, adjoining property owner around the corner, asked, “One of my concerns is water facilities, I checked with Washington Water Authority and there will be no new water taps to be put on that line until it is upgraded.  Another concern is lateral lines; we haven’t had the rains to test, will they affect other homes?  State regulations requires that you must have one water tap to each house, so how are they going to get two more taps?”

Daily replied, “I visited with Ms. Carnes and I told her what I was going to do.  Tract 1 will never be built on; it does not have water.  Tract 3 has been approved for a water tap from Washington Water, but I will have to bore underneath the road (Hwy. 170) and tap into the main, which is not going to take away anybody’s water on that line.  Tract 3 is sold contingent on tonight’s approval, it is under contract and a house is planned to be built on it, which will increase the value.  Tract 2 has been sold which has a house and a pool and it is also contingent on tonight’s approval, they have started remodeling the house.  This is not going to hurt anyone; it is going to improve the way everything looks.  Richard Murphree, Health Department, did perc tests on all of the tracts.  Tract 1 perced a lot better than Tract 3; more lateral lines are needed on Tract 3.   Tract 1 has a proposed well, if water is ever updated and that Tract is ever going to be built on, it will have to have a water main built to it.  I never said trailers; I build homes for a living.”

Robert Daugherty moved to approve Adam Daily Subdivision Preliminary and Final Plat with conditions. Karen Inlow seconded.  Motion passes.

Quinton asked about the problems with the fence.

Daily replied, “I only met Ms. Carnes once.  When the property was surveyed, she pulled out the survey stakes saying that the property was hers.  I had Bill Jenkins, Jenkins Surveying, Inc., come back and I paid him again to resurvey and set new stakes to ensure that it is correct.  He said that everything is okay.  I told Ms. Carnes that I would help her in anyway possible.  I was going to update the road and make it wider and give her a bigger easement, but I don’t know where this is coming from, from Ms. Carnes.”

County

b.  Keith Cox Development

Location: Section 20, Township 15 North, Range 33 West

Owner/Developer:  Keith Cox / Kim Hoops-Jones

Engineer/Surveyor: Blew, Bates & Associates, Inc.

18.02 acres and 2 lots

Richey stated that the applicant requested for Keith Cox Development to be tabled.

Randy Laney moved to table Keith Cox Development Preliminary and Final Plat. Robert Daugherty seconded.  Motion passes.

Farmington Planning Area            

c. East Creek Place

Location: Section 34, Township 16 North, Range 31 West

Owner/Developer: Rausch Coleman VV, LLC

Engineer/Surveyor: Morrison-Shipley Engineers, Inc. / Anderson Surveying, Inc.

17.40 acres and 47 lots

REQUEST: Final Plat approval of East Creek Place.

 

BACKGROUND/PLANNING AREA: The Valley View project first came before the Planning Board in September of 1996.  The Preliminary Plat was approved on June 3, 1999, and the Final Plat was approved on March 2, 2000.  In August of 2000, the Planning Board approved a revised Preliminary and Final Plat, to include townhouses in Rose Court.

 

The portion of the current project that lies in Section 34 is in the Farmington Planning Area.  Therefore, Farmington approval for East Creek Place and North Club House Estates (the following project) is required.  The City of Farmington approved the project Monday, February 20, 2006.  The only conditions of approval were City Engineer, Rick Cowdry’s comments, attached.

The Planning Board approved a variance from the required road frontage of 75' for lots 18-24 in East Creek Place and Preliminary approval on March 3, 2005.

SURROUNDING DEVELOPMENTS: Existing Valley View golf course and residential development.

 

INFRASTRUCTURE:

Water - The lots will be served by Washington Water Authority, as is the entire development.

 

Sewer- The lots will be served by the Valley View Community sewer.

Other Utilities - The project is within the service areas of SWEPCO (5 lots served by Ozarks Electric), Arkansas Western Gas, Cox cable, and Prairie Grove Telephone.

Streets - The Valley View property fronts on Arkansas State Highway 170, a minor arterial with an asphalt surface and a planned ROW of 80' according to the Regional Transportation Plan. 

 

Lots will be accessed off of Club House Parkway and East Creek Lane.  Both these streets are constructed as a 28' B/B, asphalt street with 50' of ROW. They will include a 5' sidewalk on both sides of the street. 

 

The County Road Department has performed all inspections, with the exception of the Final Inspection- which is scheduled for Monday February 27^th.  The Road Department also lacks the maintenance bond for the project, payment for inspections, concrete test and core test results and As-Builts.  All items are expected to be submitted to the Road Department by Monday, February 27^th.  All other Road Department issues are complete

The improvements to Richardson Road are still in progress, but as they are covered by another bond and not connected with this particular final plat, approval of this subdivision does not rely on the completion of Richardson Road to be complete prior to final approval of East Creek Place.

PERMITS:

$                    Stormwater Runoff Management Permit from ADEQ

$                    Any other local, State or Federal permits as required by law.

STAFF COMMENTS:

1.       Include date on plat.

2.       Include corresponding deed book and page number for adjacent landowners. Include parcel numbers. There is no adjacent landowner listed for the south of this property.

3.       Existing utilities: Ownership names and dimensions on overhead and underground power and communication lines, sewers, water mains, gas mains, and other underground structures, including water wells and septic systems within the development or immediately adjacent thereto.

4.       State the proposed use of all land within the development. (Residential?)

Utility comments:

OZARKS ELECTRIC COMMENTS:

1. Any relocation of existing facilities will be at developer’s expense.
2. Any extension of line that has to be built specifically to feed subdivision will be at full cost to the developer.
3. If off site easements are needed for Ozarks to get electricity to the development, easements must be obtained by developer and provided to Ozarks before the design will begin.
4. All conduits placed by developer must have 48 inch of cover at final grade.  (6 – 4” conduits for road crossing, etc.)
5. There will be extra charges for rock trenching, boring, select material bedding, shoring, dewatering, etc.
6. All back lot and side lot utility easements to be 20’ except side lot utility easements to be used for streetlights to be 10’.  All front lot utility easements to be 25’.
7. Developer must provide Ozarks Electric with a digital copy of the Final plat as well as a hard copy.
8. Please contact Greg McGee at (479) 684-4634 or gmcgee@ozarksecc.com when construction begins on subdivision and again when construction is within three months of completion. 

Washington Water Authority COMMENTS:

1. Street signs must be installed before final acceptance of the project and any inspections can be completed.

STAFF REPORT:

If all road issues are completed by the Planning Board meeting on Thursday, then staff will recommend approval with the conditions listed below.

RECOMMENDATION:  Final Plat Approval of East Creek Place with the following conditions:

1.       Include corresponding deed book and page number for adjacent landowners. Include parcel numbers. There is no adjacent landowner listed for the south of this property.

2.       State the proposed use of all land within the development. (Residential?)

3.       Please add the following note:  “Review of these plans is limited to general compliance with Washington County codes and regulations and does not warranty the engineer’s design or relive the developer of any requirements, even if error, omissions or any inadequacies are discovered after plan approval.  The County’s requirements shall govern over any conflicts with the plans or specifications.  Any conditions determined in the field that require changes shall be subject to further review and corrective action to be paid for by the developer.”

4. Ozark Electric comments must be addressed.
5. Have all signature blocks signed on 10 Final Plats - 2 for filing in the Circuit Clerk’s office, 6 for the County Planning office, remainder for the developer.

Kim Hesse and Bill Gabbard, Rausch Coleman VV, LLC, and Travis Brisendine, Morrison-Shipley Engineers, Inc., were present to answer any questions

Richey stated, “East Creek Place is part of the original Valley View development.  It is located within the City of Farmington’s Planning Area.  It is an extension of Clubhouse Parkway with East Creek Lane creating a loop that goes through the subdivision.  The City of Farmington approved the Final Plat on February 20, 2006.  Rick Cowdrey, Farmington’s City Engineer, had some conditions of approval.  The Planning Board approved a variance from the required road frontage of 75’ for lots 18-24 in East Creek Place and also granted Preliminary approval on March 3, 2005.  Ozarks Electric serves five of the lots while the remainder lots are served by SWEPCO.  The County Road Department has performed all inspections including final inspection.  They have submitted all of the items needed to the County Road Department.  At inspection, there were several small items that were found that will need to be attended to, however they are minor items and the County Road Superintendent is comfortable recommending approval contingent on the items being taken care of.” 

Brisendine had nothing to add.

Randy Laney moved to approve East Creek Place Final Plat with conditions. Karen Inlow seconded.  Motion passes.

Farmington Planning Area                        

d.  North Clubhouse Estates Block 2B

Location: Section 34, Township 16 North, Range 31 West

Owner/Developer: Rausch Coleman VV, LLC

Engineer/Surveyor: Morrison-Shipley Engineers, Inc. / Anderson Surveying, Inc.

10.70 acres and 20 lots

REQUEST: Final Plat approval of North Club House Estates.  This project involves 67 lots on 28.34 acres, with the lots averaging .25 acre in size.

 

BACKGROUND/PLANNING AREA: The Valley View project first came before the Planning Board in September of 1996.  The Preliminary Plat was approved on June 3, 1999, and the Final Plat was approved on March 2, 2000.  In August of 2000, the Planning Board approved a revised Preliminary and Final Plat, to include townhouses in Rose Court.

 

The Planning Board approved a variance from the required road frontage of 75' for lots 16- 18 in North Club House Estates and Preliminary approval on March 3, 2005.

The portion of the current project that lies in Section 34 is in the Farmington Planning Area.  Therefore, Farmington approval for East Creek Place and North Club House Estates is required. The City of Farmington approved the project Monday, February 20, 2006.  The only conditions of approval were City Engineer, Rick Cowdry’s comments.

SURROUNDING DEVELOPMENTS: Existing Valley View golf course and residential development.

 

INFRASTRUCTURE:

Water - The lots will be served by Washington Water Authority, as is the entire development.

 

Sewer- The lots will be served by the Valley View Community sewer.

 

Other Utilities - The project is within the service areas of Ozarks Electric, Arkansas Western Gas, Cox cable, and Prairie Grove Telephone. 

 

Streets - The Valley View property fronts on Arkansas State Highway 170, a minor arterial with an asphalt surface and a planned ROW of 80' according to the Regional Transportation Plan. 

 

Lots will be accessed off of Club House Parkway and cul-de-sac Delaney Court.  Both these streets are constructed as a 28' B/B, asphalt street with 50' of ROW, with curb and gutter. They will include a 5' sidewalk on both sides of the street.  Additionally, Frisco Drive has been extended and constructed 28' wide B/B, and a 50' ROW.

 

The County Road Department has performed all inspections, with the exception of the Final Inspection- which is scheduled for Monday February 27^th.  The Road Department also lacks the maintenance bond for the project, payment for inspections, concrete test and core test results and As-Builts.  All items are expected to be submitted to the Road Department by Monday, February 27^th.  All other Road Department issues are complete.

The improvements to Richardson Road are still in progress, but as they are covered by another bond and not connected with this particular final plat, approval of this subdivision does not rely on the completion of Richardson Road to be complete prior to final approval of North Clubhouse Estates.

PERMITS:

$                    Stormwater Runoff Management Permit from ADEQ

$                    Any other local, State or Federal permits as required by law.

COMMENTS

Washington County Planning Department’s Staff Comments:

5.       Include corresponding deed book and page number for adjacent property owners. Include parcel numbers.

6.       Proposed use of all the land within the development should be stated.

Washington Water Authority Comments:

1. Existing easement for 12” water main may or may not be correct.  Make easement 10’ on either side of water main. 
2. NO STRUCTURE MAY BE BUILT WITHIN 10’ OF EXISTING 12” HIGH PRESSURE WATER MAIN. 
3. WWA will require removal of structures constructed within 10’ of water main.
4. Lot 11 missing 911 address.
5. Street signs must be installed before final acceptance of the project and before any plumbing inspections will be competed
6. Developer lacks final acceptance of the project.

Ozarks Electric Comments:

9. Any relocation of existing facilities will be at developer’s expense.
10. Any extension of line that has to be built specifically to feed subdivision will be at full cost to the developer.
11. If off site easements are needed for Ozarks to get electricity to the development, easements must be obtained by developer and provided to Ozarks before the design will begin.
12. All conduits placed by developer must have 48 inch of cover at final grade.  (6 – 4” conduits for road crossing, etc.)
13. There will be extra charges for rock trenching, boring, select material bedding, shorings, dewatering, etc.
14. All back lot and side lot utility easements to be 20’ except side lot utility easements to be used for street lights to be 10’.  All front lot utility easements to be 25’.
15. Developer must provide Ozarks Electric with a digital copy of the Final plat as well as a hard copy.
16. I have included a copy of Ozarks Electric Subdivision Policy.
17. Please contact me when construction begins on subdivision and again when construction is within three months of completion.  Contact Greg McGee at (479) 684-4634 or gmcgee@ozarksecc.com

STAFF REPORT:

If all road issues are completed and Washington Water Authority’s comments are addressed by the Planning Board meeting on Thursday, then staff will recommend approval with the conditions listed below.

RECOMMENDATION:  Final Plat Approval, with the following conditions:  

1.       Include corresponding deed book and page number for adjacent property owners. Include parcel numbers.

2.       Address WWA’s concerns.

3.       Proposed use of all the land within the development should be stated.

4.       Ozark Electric’s comments should be addressed.

5.       Remaining issues with the Road Department (found at final inspection) must be cleared up.

6.       Add the following note to plans:  Review of these plans is limited to general compliance with Washington County codes and regulations and does not warranty the engineer’s design or relive the developer of any requirements, even if error, omissions or any inadequacies are discovered after plan approval.  The County’s requirements shall govern over any conflicts with the plans or specifications.  Any conditions determined in the field that require changes shall be subject to further review and corrective action to be paid for by the developer.

7.       Have all signature blocks signed on 10 Final Plats - 2 for filing in the Circuit Clerk’s office, 6 for the County Planning office, remainder for the developer.

8.       All engineering review fees must be paid to the County.

Kim Hesse and Bill Gabbard, Rausch Coleman VV, LLC, and Travis Brisendine, Morrison-Shipley Engineers, Inc., were present to answer any questions.

Richey stated, “North Clubhouse is directly adjacent to East Creek Place in Valley View.  The City of Farmington approved the Final Plat on February 20, 2006.  Ozarks Electric serves the entire project.  The applicant has submitted all items to the County Road Department.  They also discussed some outstanding water issues with Washington Water Authority and those are going to be cleared up, it has to do with a high pressure main that goes through the development.  There were a couple of issues that were found at final inspection.  However, they are small items and the County Road Superintendent is comfortable recommending approval contingent on the items being taken care of.”

Brisendine had nothing to add.

Randy Laney moved to approve North Clubhouse Block 2B Final Plat with conditions. Dale Quinton seconded.  Motion passes.

County                                                           

e.  Meadowsweet Subdivision

Location: Section 3, Township 15 North, Range 31 West

Owner/Developer: DB #1, LLC / Dan Dorman

Engineer/Surveyor: Hawkins-Weir Engineers, Inc.

20.76 acres and 67 lots

Richey stated that the applicant requested for Meadowsweet Subdivision to be tabled.

Randy Laney moved to table Meadowsweet Subdivision Final Plat. Robert Daugherty seconded.  Motion passes.

Fayetteville Planning Area                        

f. Sassafras Hill Road Subdivision

Location: Section 28, Township 17 North, Range 29 West

Owner/Developer: Hometown Development, LTD

Engineer/Surveyor: Project Design Consultants, Inc. / Geomatic Consultants, Inc.

9.17 acres and 8 lots

Richey stated that the applicant requested for Sassafras Hill Road Subdivision to be tabled.

Randy Laney moved to table Sassafras Hill Road Subdivision Final Plat. Robert Daugherty seconded.  Motion passes.

Springdale Planning Area            

g.  East Elementary School Springdale School District LSD

Location: Section 29, Township 18 North, Range 29 West

Owner/Developer: Springdale School District

Engineer/Surveyor: McGoodwin, Williams, & Yates, Inc.

21.84 acres

REQUEST: Final LSD Plan Approval for East Elementary School Springdale School District LSD, 21.84 total acreage.  There are two proposed entrances- one on Monitor and one onto Scott Hollow Road.  The County is requiring Springdale Schools to reconfigure the intersection of Scott Hollow and Monitor due to site visibility issues that would be dangerous with increased traffic due to the School.  The School district is also making improvements to Scott Hollow Road, both sides on all areas adjacent to the site.

Monitor Road will also have to be improved by the County. 

The building is proposed to be sprinkled and the developer will be extending a waterline to serve the site.  John Jenkins, County Fire Marshal has reviewed the plans and found them to be adequate.

The drainage will be handled in an offsite detention pond via a flowage easement agreement with an adjoining property owner.  The County received the drainage/ flowage easement this morning. 

BACKGROUND: The property is owned by the Springdale School District.  The Planning Board approved Preliminary LSD Plan approval December 1, 2005.

PLANNING AREA: The development is located in the City of Springdale’s Planning Area.  Springdale does not review Large Scale Developments, however, the Springdale Planning Director has attended the technical review for this project and made her comments known to the School District.

INFRASTRUCTURE:

Water - The project is served by Springdale Water.  The site will be served by an on-site decentralized sewer system.

Other Utilities - The land is in the service area of Cox Communications, Ozark Electric, Arkansas Western Gas, and South Western Bell Telephone.

Streets - The property has access off of WC # 91 Monitor Road and Scott Hollow Road.

PERMITS:

Health Department - Before any structures may be built, a septic permit must be approved by the Health Department.       

ADEQ - Storm Water Construction General Permit (to control storm water runoff causing water pollution) and a posted Stormwater Pollution Prevention Plan (SWPPP) on-site

                  Flood plain certification - It appears that the property is not located in a special flood hazard area, panel #05143C0036 C, effective September 18, 1991.

Any other local, state or federal permits

COMMENTS:

Washington County Planning Department’s Staff Comments:  

1. Plans are lacking State Health Department approval for decentralized system.  Architect has stated that Health Department has verbally approved plans, however formal documented approval shall not be received until tomorrow or Monday.  This approval must be completed prior to the Planning Department signing any plans.
2. The engineer must submit a letter, signed and stamped, stating that sight visibility standards (County) are met where interior roads intersect County Roads Monitor and Scott Hollow.
3. All engineering review fees must be paid prior to the County signing plans
4. The lot combination for this tract must be completed by Springdale and the County.
5. All proposed Waterlines must be in place prior to the opening of the school.

Washington County Road Department Comments:

2. All interior streets must be shown to be engineered to support a minimum of 75,000 lbs.
3. Construction plans have been approved.

Washington County Fire Marshal Comments:

1. Actual fire flows must be submitted when Waterline construction is complete.

Utility Comments:

Ozarks Electric Comments:

2. Refer to comments given at Springdale.

Call Mike Phipps for appointment to meet at site, 841-2012 or 684-4696.

Springdale Water:

1. Provide adequate easements for all proposed water and sewer facilities.
2. Locate and field verify all existing water and sewer facilities along Monitor Road and Scott Hollow Road.
3. Springdale Water Utilities does not have sanitary sewer or water in this area at this time.

STAFF REPORT:  Almost all information was received today.  It is now 5:00 pm.  I will fill you in at the meeting.  I apologize.

RECOMMENDATION: Staff recommends approval with the following conditions:

1. Plans are lacking State Health Department approval for decentralized system.  Architect has stated that Health Department has verbally approved plans, however formal documented approval shall not be received until tomorrow or Monday.  This approval must be completed prior to the Planning Department signing any plans.

2.       The engineer must submit a letter, signed and stamped, stating that sight visibility standards (County) are met where interior roads intersect County Roads Monitor and Scott Hollow.

3.       All engineering review fees must be paid prior to the County signing plans

4.       The lot combination for this tract must be completed by Springdale and the County.

5.       All proposed Waterlines must be in place prior to the opening of the school

6.       All interior streets must be shown to be engineered to support a minimum of 75,000 lbs.

7.       Construction plans have been approved, improvements must be constructed accordingly.

8.    Actual fire flows must be submitted when Waterline construction is complete. 

Ozarks Electric Comments must be addressed:

9.    Refer to comments given at Springdale.

10.  Call Mike Phipps for appointment to meet at site, 841-2012 or 684-4696.

 Springdale Water comments must be addressed:

11.  Provide adequate easements for all proposed water and sewer facilities.

12.  Locate and field verify all existing water and sewer facilities along Monitor Road and Scott Hollow Road.

13.  Springdale Water Utilities does not have sanitary sewer or water in this area at this time.

Ron Bradshaw, (Springdale School District), owner of the proposed project, and Brad Hammond, McGoodwin, Williams, & Yates, Inc., were present to answer any questions.

Richey stated, “This property is owned by the Springdale School District.  The school is going to be located at the second intersection of Scott Hollow and Monitor Road (WC #91).  The property is 21.84 acres.  There are two proposed entrances – one on Monitor and one onto Scott Hollow Road.  The County is requiring Springdale Schools to reconfigure the intersection of Scott Hollow and Monitor due to site visibility issues that would be dangerous with increased traffic due to the school.  The School district is also making improvements to Scott Hollow Road, on both sides on all areas adjacent to the site.  Monitor Road is going to be improved by the County.  The building is proposed to be sprinkled and the developer will be extending a waterline to serve the site.  John Jenkins, Washington County Fire Marshal, has reviewed the plans and found them to be adequate.  The drainage will be handled in an offsite detention pond via a flowage easement agreement with an adjoining property owner, Mark Courdin of the JAR Trust, west of the school.  The County engineer has approved the drainage/flowage easement.  The Planning Board approved the Preliminary LSD Plan on December 1, 2005.  The development is located in the City of Springdale’s Planning Area.  Springdale does not review Large Scale Developments, however, the Springdale Planning Director, Patsy Christie, has attended the technical review for this project and made her comments known to the School District.  The site will be served by an on-site decentralized sewer system.  I visited the site and I felt that there are some site visibility issues where the interior road connects to Scott Hollow.  The engineer said that he will double check.  There is going to be a lot of traffic going in and out and also school buses.  This tract of land was originally several tracts and now they are putting them back together, they will have to go through the City of Springdale and also the County.”

Hammond had nothing to add.

Laney asked if there was a construction schedule.  Richey replied, “Yes, they would like to have the school open by fall of 2007.”

Laney commented, “Normally the Board would not look at it without the decentralized sewer system approval.” 

Holmes stated, “I am a little concerned with the order of events.”

Bradshaw commented, “It is time and we apologize.  We are two months behind schedule; if we want to open by next year we don’t have much choice.  I will guarantee you that we will meet all of the standards.”

Richey stated, “It is more trouble for staff, and we don’t like to do it.  We will support it, however, they have known about this all the time, the rush is difficult.”

Bradshaw commented, “We didn’t close on both of the properties until last week.  They ran into several problems (lot split) that delayed the process.  We’ve been working very hard.  We apologize for that, that is not the normal way that we do business.”

Laney asked if the fire plan is adequate.

Jenkins replied, “I have visited with Springdale Fire Marshal, Kevin McDonald, this school closely resembles several other schools that they have built.  McDonald speaks very highly of the Springdale school system; he said that their buildings are above standards.  McDonald assured me that they go well beyond the standards normally in the building of their school system.”

Holmes stated, “John Jenkins, County Fire Marshal, has reviewed the plans and found them to be adequate, it should be appropriate instead of adequate.”

Robert Daugherty moved to approve East Elementary School Springdale School District LSD Final LSD Plan with conditions.  Randy Laney seconded siding with the greater interest in public education as our reason of approval.  Motion passes.

Holmes commented, “We’re putting the burden on staff to follow up after the fact.”

Quinton asked, “The statement that there is verbal permission on the decentralized sewer system, is that made to Brad Hammond or Ron Bradshaw?”

Hammond replied, “We received a letter from the Health Department that had three comments regarding the decentralized sewer, we complied to those comments.  The architect with Wittenberg, Delony, & Davidson, Inc. in Little Rock got verbal approval, however, nothing in writing.”

Farmington

h.  Somerset Subdivision

Location: Section 8, Township 16 North, Range 31 West

Owner/Developer: Harmon Road Properties, Inc.

Engineer/Surveyor: Engineering Design Associates/ Anderson Surveying

40 acres and 87 lots

REQUEST: Concept Plat Approval for Somerset Subdivision.  The property is 40 acres and is being split into 87 lots.

 

BACKGROUND: The property is currently owned by Jefferson Montgomery Revocable Trust.  This property in located at the Southwest corner of Harmon and HWY 16 and is directly across Harmon Road from Westridge Subdivision (currently under construction).  This property was formerly a Dairy Farm.

 

PLANNING AREA: The development is located in Farmington’s Planning Area.  Farmington is currently reviewing the Preliminary Plat. 

 

INFRASTRUCTURE:

 

Water -The lots will be served by Washington Water Authority.

 

Sewer- the lots will be served by a decentralized sewer system within the subdivision.

 

Other Utilities - The lot is in the service area of Ozark Electric Cooperative Corporation, Southwestern Bell Telephone, Arkansas Western Gas, and Cox Communications. 

 

Streets - The Lots will have road frontage on WC #644 (Harmon South Road) and Highway 16.

 

PROJECT DISCUSSION: 

 

This submittal is a concept submittal and requires no board action at this time.  The applicant has submitted this item to the County to get feedback from staff and the Planning Board members prior to Preliminary Platting. 

 

The below comments reflect staff and utility review from the February 14, 2006 Technical Plat Review.  The applicant has indicated that he will have no trouble making the below listed additions to the plat.

 

Look over the enclosed plat.  We will discuss the subdivision at the Planning meeting and the applicant will be available to answer any questions you have.

 

COMMENTS

 

PERMITS:

Health Department approval of the de-centralized waste water treatment system

ADEQ - Storm Water Construction General Permit (to control storm water runoff causing water pollution) and a posted Stormwater Pollution Prevention Plan (SWPPP) on-site

Flood plain certification - It appears that the property is not located in a special flood hazard area, panel #05143C0087 D, effective July 21, 1999.

Any other local, state or federal permits

                                                                                                                                                                            

Washington County Planning Department’s Staff Comments:

7.       Include total acreage.

8.       Show Flood areas, if applicable: 100-year flood per FEMA map.

9.       Clarify that the part of Westridge shown is not part of this subdivision.

10.   Drainage report is required at Preliminary submittal.

11.   ADEQ pond cleanup certificate will be required at final plat.

Washington County Contracted Engineer Comments:

1.       Legend is missing from plat

Washington County Road Department Comments:

4. Pave full width from Hwy 16 south to the southern property line.
5. Traffic count for Harmon Road required.
6. Build to county standard minimum, Farmington will inspect.
7. Specify no lot access to Highway 16.

Washington County Fire Marshal Comments:

2. Hydraulic analysis on water flow is required at preliminary.
3. Move hydrants to meet 500’ spacing.

Arkansas Health Department Comments:

1.       Submit soil information for step system to our office for approval as required by the Health Department.

Southwestern Bell Comments:

3. 4” crossing Whispering Trail east end of lot 1 to lot 87 extended into utility easement beyond back of sidewalks.
4. 20’ utility easement between lots 4 and 15, lots 8 and 9, lots 37 and 38
5. 4” crossing lots 4 and 15, to 5 and 14; lots 9 and 10, to 26 and 27; lots 8 and 9, to 67 and 68; lot 43 to 38 front of lots.

Cox Communications Comments:

1. Label all rear setbacks as 20’ utility easement
2. Need 20’ side lot utility easements at 4 and 15, 8 and 9, 26 and 27, 45 and 46
3. Label 25’ utility easement along Harmon Road
4. Road crossings at both entrances and from lot 14 to 5, 10 to 26, 9 to 67, 45 to 60

Washington Water Authority Comments:

1. Need to make 25’ building setbacks a utility easement also.
2. If other utilities using front where water main is, make first 15’ a waterline only easement.
3. Water main plans shall meet WWA & ADH requirements
4. 911 address required on final plat and a copy submitted to WWA.
5. Street signs must be installed before final acceptance of project.
6. Developer is to pay depletion and meter free to WWA before final acceptance.

Ozarks Electric Comments:

6.  Any relocation of existing facilities will be at developer’s expense.
7. Any extension of line that has to be built specifically to feed subdivision will be at full cost to the developer.
8. If offsite easements are needed for Ozarks to get electricity to the development, easements must be obtained by developer and provided to Ozarks before the design will begin.
9. All conduits place by developer must have 48 inch of cover at final grade.  (6-4” conduits for road crossing, etc.)
10. There will be extra charges for rock trenching, boring, select material bedding, shoring, dewatering, etc.
11. All back lot and side lot utility easements to be 20’ except side lot utility easements to be 25’.
12. Developer must provide Ozarks Electric with a digital copy of the final plat as well as a hard copy.
13. Included is a copy of Ozarks Electric Subdivision Policy.

Please contact Greg McGee at 684-4634 or gmcgee@ozarksecc.com when construction begins on subdivision and again when construction is within three months of completion.

Steve Hesse, Engineering Design Associates, was present to answer any questions.

Richey stated, “This is a Concept Plat discussion.  This project is located in the City of Farmington’s Planning Area on the southwest corner of Hwy. 16 and Harmon South Road (WC #644).  It is located directly across the road from Westridge Subdivision (currently under construction); the same gentleman owns both pieces of property.  The property is 40 acres with 87 lots.  The City of Farmington is reviewing the Preliminary Plat.  The property was formerly a Dairy Farm.  There is a lagoon that was used in conjunction with the farm.  The Engineer has indicated that that will be cleaned out and filled in according to ADEQ (Arkansas Department of Environmental Quality) specifications.  We will require certification from ADEQ as things are done prior to Final Plat.  The project will use a decentralized sewer system.  The proposed plant is in the northwest corner.  There is an out lot on the northeast corner of Hwy. 16 and Harmon South that will be shown as Tract A, where the existing house is located, on the Preliminary Plat.  Steve Hesse doesn’t have a problem with Tech. Review comments.”

Laney asked if the adjoining property owners had been notified.  Richey replied that since it is a concept plat the adjoining owners had not been notified, they will be notified for Preliminary.

Quinton asked, “When the lagoon is filled in, what do they require for it to be filled with?”  Hesse replied, “I’m not exactly sure what the specifications are, that is part of the contract with the current owner, Jefferson Montgomery.  He has been through all of the requirements with ADEQ, so he knows exactly what he needs to do for the closer of the lagoon.  We’re required to compact it to 95% standard proctor because part of the road will go over it, good hillside material.  The sludge will have to be pumped out.”

Quinton commented, “I know of some farmers that had a problem with ADEQ on lagoons.  I wondered if there were any additional requirements.” 

Hesse stated, “No additional requirements.  I just want the Board’s general opinion, if you see anything that you don’t like.  The overall density we really own about two lots per acre.  We have to notify the residents of Forrest Hills (to the south) I’m sure they will be here for the Preliminary Plat.”

Laney asked, “Are there any improvements for the first quarter mile of WC #644 (Harmon South Road)?”

Hesse replied, “Yes, the County Road Department and the City of Farmington have different opinions for improvement.  We’ll overlay the road for a quarter mile on our frontage or widen our site.”

Laney asked about stoplights.  Hesse replied that would depend on the traffic study.

Inlow asked about the decentralized sewer system being required to tie into the City of Farmington’s system.  Hesse replied, “The County’s ordinance requires for the system to have the tie in ability, it will have gravity collection.”

George Butler, Washington County Attorney, commented that it will be regulated.

Holmes asked if Hesse has dealt with a lagoon before.  Hesse replied, “No, they removed all of the cattle two months ago.  They moved their entire operation to Missouri.  I’m surprised they haven’t closed the lagoon yet.”

Quinton commented, “There could be a problem when closing a lagoon, you have to dispose of that in certain places.  They declare hazardous.”

  Hesse stated, “I think it would be very similar like the disposal of a large septic tank.  The average lot size is a little over the County minimum standard.  1,700 square feet housing (like Westridge).  The entrances are going to line up with Westridge.” 

Tontitown Planning Area

i.  Harmon Arbor Subdivision                

Location: Section 15, Township 17 North, Range 31 West

Owner/Developer: Frank Luther

Engineer/Surveyor: Engineering Services, Inc.

19.79 acres and 14 lots

REQUEST: Preliminary Plat Approval for Harmon Arbor Subdivision, 19.79 acres with 14 lots.

BACKGROUND: The property is owned by Frank Luther.  This property was split in September 2005 (#2005-283) by David Bradley.  The total acreage was 38.15 split into three lots 19.79, 9.91, and 8.45.

The County Engineer deemed the drainage report adequate.  The fire flow was deemed adequate by the Fire Marshal.  The Health Department had several comments that have been addressed.

PLANNING AREA: The development is located in the Tontitown Planning Area.  The developer must provide us with proof that Tontitown has approved this plat and that all of their conditions have been met prior to the March 2, 2006, County Planning Board meeting.  As per agreement with Tontitown- the County will only approve plats in their Planning area if they have met this stipulation.

Tontitown approved Harmon Arbor on February 14, 2006.

INFRASTRUCTURE:

Water - The project is served by Washington Water Authority.  The sites will be served by individual septic systems.

Other Utilities - The land is in the service area of Ozark Electric, Arkansas Western Gas, Cox Communications, and South Western Bell Telephone.

Streets - The property has access of WC #31 (Harmon Road) and WC #52 (Arbor Acres Road).

COMMENTS:

Washington County Contracted Engineer Comments:

2.       Note the size of driveway tiles, if applicable

Washington County Road Department Comments:

8. Each lot required to have turnaround in driveway. 
9. Harmon 40’ from center.
10. Tontitown will do all inspections.

Ozarks Electric Comments:

14. Any relocation of existing facilities will be at the developer’s expense.
15. Any extension of line that has to be built specifically to feed a subdivision will be at full cost to the developer.
16. If off site easements are needed for Ozarks to get electricity to development, easements must be obtained by the developer and provided to Ozarks before the design will begin.
17. All conduit placed by developer must have 48 inch of cover at final grade.  (6-4” conduits for road crossing, etc.)
18. There will be extra charges for rock trenching, boring, select material bedding, shoring, dewatering, etc.
19. Developer must provide Ozarks Electric with a digital copy of the Final plat as well as a hard copy.
20. Included is a copy of Ozarks Electric Subdivision Policy.
21. An additional 10’ utility easement down a lot line that will feed a street light is required.
22. Included is a copy of Harmon Arbor with the easements that Ozarks Electric will need.
23. Please contact Lonnie Grant when construction begins on subdivision and again when construction is within three months of completion at 684-4691 or lgrant@ozarksecc.com

Washington Water Authority Comments:

24. 911 addresses are required to be on final plat and a copy submitted to WWA.
25. Offsite water main is at developer’s expense.
26. If other utilities will be using front easements, the first 15’ will be required to be dedicated as a waterline easement only.  Please label accordingly

STAFF REPORT:

Tontitown approval letter must be submitted to this office and found to be satisfactory prior to the March 2, 2006 Planning Board meeting for staff to recommend approval of the project with the remaining comments listed as conditions.

STAFF RECOMMENDATION:

Staff recommends preliminary approval of the subdivision with the following conditions

1.       Please add the following note:  Review of these plans is limited to general compliance with Washington County codes and regulations and does not warranty the engineer’s design or relive the developer of any requirements, even if error, omissions or any inadequacies are discovered after plan approval.  The County’s requirements shall govern over any conflicts with the plans or specifications.  Any conditions determined in the field that require changes shall be subject to further review and corrective action to be paid for by the developer.

2.       Note the size of driveway tiles, if applicable

3. Each lot required to have turnaround in driveway. (existing note acceptable).
4. Harmon Road should be shown to be 40’ from center on Developer’s side.
5. Tontitown will do all inspections.
6. All road work should be bonded to the County and meet a minimum of County specifications.

Ozarks Electric Comments:

7. Any relocation of existing facilities will be at the developer’s expense.
8. Any extension of line that has to be built specifically to feed a subdivision will be at full cost to the developer.
9. If off site easements are needed for Ozarks to get electricity to development, easements must be obtained by the developer and provided to Ozarks before the design will begin.
10. All conduit placed by developer must have 48 inch of cover at final grade.  (6-4” conduits for road crossing, etc.)
11. There will be extra charges for rock trenching, boring, select material bedding, shoring, dewatering, etc.
12. Developer must provide Ozarks Electric with a digital copy of the Final plat as well as a hard copy.
13. Included is a copy of Ozarks Electric Subdivision Policy.
14. An additional 10’ utility easement down a lot line that will feed a street light is required.
15. Included is a copy of Harmon Arbor with the easements that Ozarks Electric will need.
16. Please contact Lonnie Grant when construction begins on subdivision and again when construction is within three months of completion at 684-4691 or lgrant@ozarksecc.com

Washington Water Authority Comments:

17. 911 addresses are required to be on final plat and a copy submitted to WWA.
18. Offsite water main is at developer’s expense.

19.  If other utilities will be using front easements, the first 15’ will be required to be dedicated as a waterline easement only.  Please label accordingly.

Chuck Anderson, Engineering Services, Inc., was present to answer any questions.

Richey stated, “This project is on the corner of WC #31 (Harmon Road) and WC #52 (Arbor Acres Road).  It is in the City of Tontitown’s Planning Area.  Tontitown approved the Preliminary Plat on February 14, 2006.  The project has 14 lots, two of the lots will have frontage on Arbor Acres and the remainder has frontage on Harmon Road.  The County Engineer deemed the drainage report adequate.  The fire flow was deemed adequate by the Fire Marshal, John Jenkins.  The Health Department had several comments, which have been addressed; they removed the lots where the perc test did not come out.  The lots will be served by individual septic systems.  Note the size of driveway tiles, if applicable, I don’t think it is applicable because the City of Tontitown is requiring curb and gutter.  Each lot is required to have a turnaround in the driveway, no backing out onto the road.”   

Laney asked, “Note on the plat that there will be turnarounds.  There is a new County ordinance where people cannot back out onto a County Road.  Is this going to be enforced?”

Butler replied, “The offense is building it in a way that they are forced to back out onto the road.”   

Randy Laney moved to approve Harmon Arbor Subdivision Preliminary Plat with conditions. Robert Daugherty seconded.  Karen Inlow abstained.  Motion passes.

Quinton asked if the Planning Office received the City of Tontitown’s approval letter.  Richey replied, “Yes.”

Fayetteville Planning Area            

j. Mally Wagnon Estates

Location: Section 20, Township 16 North, Range 29 West

Owner/Developer: Hays Family Development, LLLP

Engineer/Surveyor: H2 Engineering, Inc.

24.68 acres and 78 lots

REQUEST: Preliminary Plat Approval for Mally Wagnon Estates, 24.68 acres with 78 lots.

BACKGROUND: The property is owned by Hays Family Development, LLLP.

PLANNING AREA: The development is located in the Fayetteville Planning Area.  The City of Fayetteville approved the Preliminary Plat December 12, 2005 with the conditions shown in the attached Fayetteville Staff report.

INFRASTRUCTURE:

Water - The project is served by Fayetteville Water.

Sewer- The project is served by City of Fayetteville Sewer.

Other Utilities - The land is in the service area of Ozark Electric (SWEPCO), Cox Communications, Arkansas Western Gas, and South Western Bell Telephone.

Streets - The property has access of WC #139 (Van Hoose / Mally Wagnon).

STAFF COMMENTS

Washington County Planning Department’s Staff Comments:

• Entrances from subdivision onto Mally Wagnon Road must have adequate sight visibility as required by Washington County Code of Ordinances.  Please verify adequate sight distance by time of construction plan submittal.

According to the number(s) on the Washington County Subdivision Submittal Checklist:

13. Soil analysis: The developer shall indicate the types of soil found in the plat area according to the USDA/ USGS Soil Conservation Service.

16. Street typical sections and pavements sections for each classification of street-if any streets will be built.

Washington County Contracted Engineer Comments:

12.   Show typical street section.

13.   Define curve numbers on drainage report.

Washington County Road Department Comments:

11. Mally Wagnon Road will need to be improved – hot mix full width.  From the Southernmost property-line (intersection of Street F), north to Fayetteville City limits.  Hot mix/widening must be completed as per County specifications.
12. City of Fayetteville will perform inspections

Washington County Fire Marshal Comments:

4. Fire flow analysis required.  Engineered flows must be submitted to this office (and deemed acceptable by the Fire Marshal) to obtain Preliminary Plat approval

Utility Comments:

Arkansas Western Gas Comments:

1. See highlighted copy for U.E.s and street crossings.
2. Contact Johnny Boles at 582-8604 for further information.

Ozark Electric Comments:

1. Any relocation of existing OECC facilities will be at the Developer’s expense
2. OECC must of disc of final plat before any design or cost is determined.

Cox Communication Comments:

1.       Same comments from Fayetteville Tech Plat.

STAFF REPORT:

The applicant received Preliminary Plat approval from the City of Fayetteville December 12, 2005 with conditions (attached). 

This Plat has been tabled several times due to unresolved issues regarding fire flow.  After receiving a planned waterline extension route and letter from the City of Fayetteville Staff is comfortable proceeding with Preliminary Plat approval.

The County will be requiring road improvements from the southernmost entrance up to the City limits line.  Fayetteville will require road improvements within the City limits and a left turn lane for turning onto Huntsville Road from Mally Wagnon.

The subdivision will be served by City Sewer.

STAFF RECOMMENDATION: Staff recommends Preliminary Approval with the following conditions

• Entrances from subdivision onto Mally Wagnon Road must have adequate sight visibility as required by Washington County Code of Ordinances.  Please verify adequate sight distance by time of construction plan submittal.
• Soil analysis: The developer shall indicate the types of soil found in the plat area according to the USDA/ USGS Soil Conservation Service.
• Street typical sections and pavements sections for each classification of street-if any streets will be built.

·         Show typical street section.

·         Define curve numbers on drainage report.

• Mally Wagnon Road will need to be improved – hot mix full width.  From the Southernmost property-line (intersection of Street F), north to Fayetteville City limits.  Hot mix/widening must be completed as per County specifications.
• City of Fayetteville will perform inspections

·         The letter received from the City of Fayetteville March 2, 2006, shall suffice in concept for Preliminary Plat approval.  However, All waterline extensions must be completed and fire flow must meet Arkansas State Fire Code standards prior to Final Plat approval.

·         All utility comments must be addressed.

Kipp Hearne, H2 Engineering, was present to answer any questions.

Richey stated, “This project is in the Fayetteville Planning Area.  Fayetteville approved the Preliminary plat on December 12, 2005.  It is located on WC #139 Mally Wagnon Road off of Hwy. 16.  The project is 24.68 acres with 78 lots.  We ran into some issues with fire flow, those have been resolved enough for Preliminary approval to proceed.  The project has two entrances onto Mally Wagnon Road.  The development does have City of Fayetteville sewer.  They did a petition to the City Council to get sewer out of the City limits. During the construction plan phase they need to verify that there is adequate site visibility on Mally Wagnon Road.  I don’t think that there are any issues; they just need to double check.  Mally Wagnon Road will need to be improved – hot mix full width up to the City limit line from the southernmost property line where their second entrance comes out.  The City of Fayetteville’s city limits are only 800’ away from the northern property line.  The City of Fayetteville will perform all of the inspections.  There was not adequate fire flow to this subdivision; when they checked the flow.  They had to devise a plan to get that fire flow to this subdivision.  We received a letter from the City of Fayetteville stating that they are advised of the situation.”

Hearne commented, “We have been aware of the County regulations for fire flow.  We completed an analysis of the system and realized it really isn’t a regional issue; it is for the entire area.  We worked with the City of Fayetteville trying to come up with a regional fix not just one that would benefit us and our subdivision but one that would improve the entire area.  We worked through several different options.  I think that we came to a solution that is economically feasible as well as benefit the entire area.  Coming off of an existing tank on the west side of the White River west of Dead Horse Mountain road, there are plans being made at this time to benefit other developments in the area where the water will be extended across the White River to Dead Horse Mountain Road and up to a new subdivision, Falling Waters, recently annexed into the City of Fayetteville.  There are a number of existing subdivisions that we can tie to going back to the east.  We could stay within the right-of-ways of the roads and make it to Mally Wagnon to serve this development.  The City is proposing to us where there are gaps we will have to extend the new line, it would have to be an 8” line, the City is recognizing the benefit of having a 12” line, so they’re proposing to possibly participate on upsizing that line to a 12”.  Private development funds are looking at extending through the gaps, the City is looking at the cost share of upsizing the line to 12”.  This is somewhat a complicated development; we initially had to go to the City and request sewer service to extend down and return from that we agreed to design and construct this development as a RST=4 subdivision.  It does meet all of the RST=4 requirements from the City of Fayetteville.  RST=4 is single family designation for what the City of Fayetteville would consider a low density development; 4 units per acre.”

Laney asked about the total of fees to Fayetteville.  Hearne replied, “I don’t have that information, the reason that we did that is because we are right on the perimeter of the City limits.  Our contract with the City of Fayetteville is as soon as we have the ability to request annexation into the City then the contract says that we would be obligated to do that.”

Richey stated, “Staff has meet extensively with Mr. Hearne and the applicant, Crystal Goedereis.  John Jenkins, Washington County Fire Marshal, and I both give our approval that Fayetteville’s letter will suffice for Preliminary.  One of the conditions for Final Plat approval would be for all of the water line to be in place or at least something that will give them adequate flow for them to build this subdivision, they are aware of that there will have to be flow tests done at that time.  If they don’t meet them; then that’s a problem.  The reason that Mally Wagnon Estates has been tabled for the past few months is because we didn’t want to get into the habit of presenting Preliminary Plats to the Board that do not have the fire flow at that time and all we have from the applicant is them saying we’ll find someway to do it.  Mr. Jenkins and I decided if they don’t have adequate fire flow at Preliminary or if they don’t have construction plans on how they are going to get it, they better have a really good idea.  They better have thought it out, do they have to cross other people’s property, are easements feasible, and those kinds of things because we have started to enforce the fire flow issue in the County.  I definitively feel strongly that this is the way that it should be done.  They should have a good idea who their water provider is.  We need a letter from them saying they know what’s going on.  I wanted to let you know what our process is.”

Laney commented, “There has been a crying out for the work of the PARA task force that has been proposed to the Justice of the Peace, we have a situation where the development can go one way or another.  The development is using a County road; Fayetteville is collecting impact fees.  If it was another quarter mile down the road they wouldn’t pay anything; the County would have all of the impact and the County does not have the revenue. It seems like inadequacy that the County resources are being tapped with no recovery.  Fayetteville’s collecting their fees and taxing the County road and the County doesn’t get anything it’s going to be annexed don’t loose much tax base.  There is something wrong with that picture.”

Inlow stated, “I am so glad that Juliet and John are trying to tie up the loose ends before the Preliminary approval.”

Herne commented, “The water issue, water resources, water pressure, and fire flows are kind of a dynamic event right now.  The Staff has been very thorough and particular; this development has been very well thought out.”    

Karen Inlow moved to approve Mally Wagnon Estates Preliminary Plat with conditions. Randy Laney seconded.  Motion passes.

Fayetteville Planning Area                                    

k.  Horsebend Estates (Hamm Property Subdivision)

Location: Section 28, Township 17 North, Range 29 West

Owner/Developer: JDM Investments, LLC

Engineer/Surveyor: Shelden Engineering

26.90 acres and 55 lots

Richey stated that the applicant requested for Horsebend Estates (Hamm Property Subdivision) to be tabled.

Randy Laney moved to table Horsebend Estates (Hamm Property Subdivision) Preliminary Plat. Karen Inlow seconded.  Motion passes.

Fayetteville

l. Joyce Boulevard Storage LSD

Location: Section 19, Township 17 North, Range 29 West

Owner/Developer: TCB Ventures, LLC

Engineer/Surveyor: McClelland Consulting Engineers, Inc.

4.73 acres

REQUEST: Concept LSD Plan Discussion for Joyce Boulevard Storage LSD.  The property is 5 acres.

BACKGROUND: The property is currently owned by Travis Fink (TCB Ventures, LLC).

This property has 12 previous splits.

PLANNING AREA: The development is located in Fayetteville’s Planning Area.  The City of Fayetteville does not review Large Scale Developments.

INFRASTRUCTURE:

Water -The lots will be served by the City of Fayetteville.

Other Utilities - The lot is in the service area of Ozark Electric Cooperative Corporation, Southwestern Bell Telephone, Arkansas Western Gas, and Cox Communications. 

Drainage – report will be available at Preliminary.  A drainage swale appears to run through the site and must be accounted for at Preliminary.

Streets - The LSD will have road frontage on WC #553 (East Joyce Road).

STAFF DISCUSSION: 

This plan is brought before you for concept discussion.  No action is required.  Some information is missing from plan, but applicants were agreeable to placing all information requested below on plan prior to preliminary submittal.

The applicant will be available at the meeting to hear your questions and comments on this project.

COMMENTS:

Washington County Planning Department’s Staff Comments:

The following comments correspond with the Washington County Land Development Submittal Checklist:

1. Show total acreage
2. Show existing roads, streets, culverts, railroads, and other features: the plat shall show the location, name, width, surface type, surface condition and right-of-way width of all existing or platted roads, streets or other public ways within or adjacent to the proposed improvement, including features such as existing permanent buildings, water courses, railroads, municipal corporation limits, county’s state lines, planning district limits, oil and gas lines or wells, abandoned wells and dry holes.
3. Show proposed paving and other surfacing for entire site.
4. Check with City of Fayetteville for ROW designation fro Joyce.

Washington County Contracted Engineer Comments:

3.       Need to show existing features of Joyce Street, i.e.: right of way, utilities, etc.

4.       Need to have drainage report at preliminary.

Washington County Road Department Comments:

13. Show 30’ right of way
14. Drainage study to county engineer

Washington County Fire Marshal Comments:

5. Hydraulic analysis required
6. Hydrants must meet code
7. Two gates required.  Gates must meet County Gate Access Ordinance (for emergency vehicles).
8. Paving/gravel must be able to support a minimum of 75,000 lb.

Arkansas Health Department Comments:

1. Show where alternate area will be and where existing system is on plat.  Must be 100’.

Utility comments:

Cox Communications Comments:

27. Show existing line that feeds office building.
28. Relocation of this line will be at owner’s expense.
29. Need easement for existing or new location of existing plant.  (No structure can be built in easement.)

Ozarks Electric Comments:

1. 20’ utility easement along Joyce Street.  15’ utility easement along the east property line.
2. Any relocation of existing OECC facilities will be at the developer’s expense.  For questions, call Mike Phipps, 841-2012 (c), 684-4696 (o).

Southwestern Bell Comments:

25’ set back line along Joyce Street should also be a 25’ utility easement.

POSSIBLE REQUIRED PERMITS:

1.           Health Department approval of the project as a Large Scale Development.

2.           ADEQ - Storm Water Construction General Permit (to control storm water runoff causing water pollution) and a posted Stormwater Pollution Prevention Plan (SWPPP) on-site

3.           Flood plain certification - It appears that the property is not located in a special flood hazard area, panel #05143C0101 E, effective July 21, 1999.

4.           Any other local, state or federal permits

Mike Morgan, McClelland Consulting Engineers, Inc., was present to answer any questions.

Richey stated, “This is for a concept discussion, there is no action required from the Board.  The project will have road frontage on WC #553 (East Joyce Road).  Directly behind the project is a large power sub-station.  There is an existing office building on the property.  There is an intermittent stream that flows through the property.  They came to the County Tech. Review meeting on February 14, 2006.  We had quite a few comments for them; they need to work on some fire issues, they need to have two gates accessing it so that there are two ways in and out for emergency vehicles and for people.  They will need to provide a drainage study.  They need to show which parts they are going to pave and what the surfacing is going to be.  The applicant didn’t seem to have any issues with the comments that we made.”

Morgan commented, “After receiving staff comments, we suggested to the land owner that he acquire a survey.  That survey is currently underway.  We would like to tie down all of the easements, the exact nature and depth of the intermittent stream, using the two County data to determine how much water is flowing across the land, and what kind of state this development will have on the intermittent stream.”

Quinton asked, “Where does the drainage go to from the stream?”  Morgan replied, “The water seems to originate from a pond which is located directly to the north and the east of the tip of this property.  There is not a great amount of flow that comes across this land.  I do not know the final destination of this water once it leaves the property.”

Frank Ditmars, Washington County Road Superintendent, stated, “That is what the drainage study is for.”

Inlow asked, “Are you going to keep the existing structure and put the storage units behind it?”  Morgan replied, “The existing structure is an office building that was built to a residential house being on the land.”

Quinton asked, “Are there very much housing additions around the property?”  Morgan replied, “The electric company property to the north.  I don’t think there is a lot of development as you go north from the property.”

Daugherty asked about lighting and surface material.  Morgan replied, “The owner wants to light the exterior to the house, I don’t have any word from Travis Fink (TCB Ventures, LLC) if he is going to light the buildings for nighttime use.  I would imagine that he would want to do that for safety reasons.  We recommend a material such as gravel that will support fire apparatus.  Gravel is impervious it will not increase run-off; the owner indicated that he would like to use pavement in the more heavier traveled areas; it may be a mix of pavement and gravel.  There are nine stand alone buildings and the buildings are subdivided into individual units.  We’re looking about 30 per stand alone unit, somewhere around 270 individual squares.  I’m sure that the developer will want the traffic flow to be very high, I do not know the average for this type of facility.  I do think that the access has a pretty clear line of sight for this location, but I don’t know what the average load we will anticipate here.”

Farmington Planning Area            

m. Elkhorn Springs Dirt Pit LSD

Location: Section 18, Township 16 North, Range 31 West

Owner/Developer: Terminella & Associates, Inc.

Engineer/Surveyor: Crafton, Tull & Associates, Inc.

34.32 acres

Richey stated that the applicant requested for Elkhorn Springs Dirt Pit LSD to be tabled.

Randy Laney moved to table Elkhorn Springs Dirt Pit LSD Preliminary LSD Plan. Karen Inlow seconded.  Motion passes.

5.  OLD BUSINESS

6.  OTHER BUSINESS

o       Recap Discussion of items from February 24, 2006, Workshop meeting:

Richey stated, “I will e-mail the recap from the February 24, 2006 meeting to you for further comments.”   

• Discussion of the removal of Guarantees in lieu of installed improvements, which addresses Conditional Approval of Final Plats, from the Code (Section 11-75 (2), Washington County Code of Ordinances).

Richey commented, “We agreed to take as per the fire code wording out and also the removal of Guarantees in lieu of installed improvements, which addresses Conditional Final Plat.  I am going to send them straight to County Services on March 27, 2006.”

• Discussion regarding bringing portions of the current Land Development code (Chapter 11, Article VI, Washington County Code of Ordinances) into compliance with Arkansas State Fire code.

• Discussion regarding interpretation and re-writing of portions of Exempt Land Development transactions (Section 11-61, Washington County Code of Ordinances).

Richey stated, “I still need to work on exempt land transactions, although after the conversation we had the other day about the fire code, it is going to initiate a little bit how I might rewrite some of those.  We may have another workshop meeting in April.”

• Discussion of procedure for recommendation of items to the Quorum Court.

• Discussion of detention pond regulations.

Richey commented, “I am trying to round up all of the cities, I have three cities on board to meet.  We may just go with the three cities; I know that you want to get this done.  I’m trying to include everybody but some of the cities are hard to round up people.  Rick Williams is new to Tontitown and he is interested in participating.  A lot of the cities are getting new staff; some things may get a lot better.”

• Sign Certificate of Road Maintenance Copper Tree Subdivision.

Quinton asked John Jenkins what the international fire code is.  Jenkins replied, “The international code is adopted by all of the 50 states, however, each state may insert their individual amendments to that code which when you look at the Arkansas Fire Code, the initial code is three volumes and it has a lot of inserts that pertain to Arkansas than to another state.  Benton County took a giant leap by adopting the fire code as well as building permits within the County.”

Laney asked about PARA.  Richey replied that the PARA meetings are the third Thursday of every month.  The Committee of the Whole will be meeting in the Quorum Court Room at 4:45.  It has been moved from March 16 to March 30.  I’m not sure how the agenda is going to be.  The Dirt Pit ordinance should be at the top of the PARA list, we need to get some kind of movement forward as soon as possible.  It is one of the major public outcry issues that we have.  The ordinance will be for all industrial types. ”

7.  Adjourn

Robert Daugherty moved to adjourn. Karen Inlow seconded.  Motion passes. 

Minutes submitted by: Amanda Kimbel

 

Approved by the Planning Board on:

 

                                                                 ____George Holmes_________________ Date: __04/06/06________

                                                                                                       George Holmes, Planning Board Chairman    

MINUTES

WASHINGTON COUNTY PLANNING BOARD

April 6, 2006

5:30 p.m., Quorum Courtroom, New Courthouse

Fayetteville, Arkansas

 

 

DEVELOPMENTS REVIEWED:                                                            ACTION TAKEN:

 

County                                     

a.  Keith Cox Development                                                 Variance, Preliminary & Final Plat Approval

 

Elm Springs Planning Area

b.  Taldo Subdivision                                                        Variance denied and Preliminary Plat Tabled

 

County

c.  Richard Watson Tract Split                                              Tabled

 

County

d.  Brookhaven Subdivision Revised Phases 2 & 3                Revised Preliminary Plat Approval

 

Farmington Planning Area

e.  Twin Falls Addition                                                            Final Plat Approval

 

Farmington Planning Area

f. Bethel Oaks at Farmington                                                    Revised Preliminary Plat Approval

 

Farmington Planning Area

g.  Somerset Subdivision                                                        Preliminary Plat Approval

 

County                                                 

h.  Meadowsweet Subdivision                                            Tabled

 

Farmington Planning Area              

i. Elkhorn Springs Dirt Pit LSD                                         Removed

 

Fayetteville Planning Area                          

j. Sassafras Hill Road Subdivision                                        Tabled

 

Fayetteville Planning Area                          

k.  Horsebend Estates (Hamm Property Subdivision)             Tabled

1. ROLL CALL:

Roll call was taken.  Members present include: Robert Daugherty, George Holmes, Larry Walker, Dale Quinton, Gary Head, Randy Laney, and Karen Inlow.  (Randy Laney and Robert Daugherty left early.)

2.  APPROVAL OF MINUTES: (from the March 2, 2006 meeting and February 24, 2006 workshop) Randy Laney made a motion to approve as written. Larry Walker provided the second.  Motion passes.

3.  APPROVAL OF THE AGENDA:

Randy Laney made a motion to approve the revised agenda. Karen Inlow seconded.  Motion passes.

4.  NEW BUSINESS

County                                     

a.  Keith Cox Development

Location: Section 20, Township 15 North, Range 33 West

Owner/Developer:  Keith Cox / Kim Hoops-Jones

Engineer/Surveyor: Blew, Bates, & Associates, Inc.

18.02 acres and 2 lots

REQUEST: Preliminary and Final Plat Approval for, Keith Cox Development 18.02 acres with 2 lots. 

BACKGROUND: The property is owned by Keith and Sandra Cox.

PLANNING AREA: The development is located solely within the County’s jurisdiction.

INFRASTRUCTURE:

Water - The project is served by a well.

Other Utilities - The land is in the service area of Ozark Electric and Prairie Grove Telephone.

Streets - The property has access off WC #17 (Wolf Track Road).

PERMITS: Health Department - Before any structures may be built, a septic permit must be approved by the Health Department.

STAFF COMMENTS:

• This office must receive Health Department approval no later than April 4, 2006.
• It appears that the existing home is encroaching on the required 25’ setback (From the ROW), if the setback is correctly shown.  If this is so, please submit a variance application to this office no later than April 4, 2006.  As it is an existing structure, staff will recommend for a variance in this case, however, this plat cannot be processed without a variance request application.
• Please label setback widths

Arkansas Health Department Comments:

1. Awaiting comments from Health Department.
2. Must meet subdivision regulations with wells. 
3. Contact our office for further information.  (479) 521-8181 x2111

Ozarks Electric Comments:

1. Any relocation of existing facilities will be at developer’s expense.
2. Any extension of line that has to be built specifically to feed subdivision will be at full cost to the developer.
3. If off-site easements are needed for Ozarks to get electricity to the development, easements must be obtained by developer and provided to Ozarks before the design will begin.

STAFF REPORT:

This project comes before you because the property has been split administratively 3 times (shown on plat), and these splits have resulted in more than one lot that is less than 5 acres (existing Tract C is 1.46 acres). 

At this time the applicant must provide us with an application for a variance, as the existing home is encroaching into the required setback of 25’.  Staff will recommend for approval of the variance as the structure was constructed in 1921 (as per County Assessor’s records), long before any County setback regulations existed.

RECOMMENDATION: If Health Department Approval is received prior to the meeting and a Variance application is received prior to the meeting then staff shall recommend Preliminary and Final Plat approval of Keith Cox Development with the following conditions:

1. Please obtain written approval from the Health Department (Planning Department only received verbal approval.)
2. Please add the following note to the plat  “Sizes of all driveway tiles installed on Wolf Track Road must be approved by the Washington County Road Department.  Please contact the Road Department for further details at 444-1610.”
3. It appears that the existing home is encroaching on the required 25’ setback (From the ROW), if the setback is correctly shown.  If this is so, please submit a variance application to this office no later than April 4, 2006.  As it is an existing structure, staff will recommend for a variance in this case, however, this plat cannot be processed without a variance request application.
4. Please label setback widths
5. Have all signature blocks signed on 10 Final Plats - 2 for filing in the Circuit Clerk’s office, 6 for the County Planning office, remainder for the developer.

Sandra Cox, owner of the proposed project, and Kim Hoops – Jones, representative (Real Estate On-Line), were present to answer any questions.

Juliet Richey, Washington County Planning Director, stated that the Health Department was okay with this project and that the Planning Office received the variance application.  Richey recommended approval if the new structure would be placed inside the building setbacks.

Nick Jones, adjoining property owner, was concerned about waste going through his property.

Hoops-Jones commented, “There has not been any grading done.  The Washington County Road Department representative didn’t know about that, we will get in contact with them; it may not be related.”

Randy Laney moved to approve Keith Cox Development Variance to allow the encroachment of a home (built in 1921) into the front setback (25’ from right-of-way) with the condition that if the structure is ever torn down or removed, it must be rebuilt within the setbacks. Robert Daugherty seconded.  Motion passes.

Randy Laney moved to approve Keith Cox Development Preliminary and Final Plat with the conditions listed above. Robert Daugherty seconded.  Motion passes.

Richey stated, “A note should be shown on the plat stating, “The existing home is encroaching into the required front yard setback (from the R.O.W.) of 25’.  The Planning Board approved the variance allowing the encroachment, as the structure was constructed in 1921 (as per County Assessor’s records), prior to the existence of current County setback regulations.  This variance was approved with the condition that if the existing structure is ever removed or demolished, a new structure must be built within the shown setbacks in conformance with County Code.”

Elm Springs Planning Area

b.  Taldo Subdivision

Location: Section 28 & 29, Township 18 North, Range 31 West

Owner/Developer: Gina Marie Farms, Inc. / One Springdale, Inc.

Engineer/Surveyor: Engineering Services, Inc.

132.40 acres and 29 lots (including outlot)

REQUEST: Variance & Preliminary Plat Approval for Taldo Subdivision.  The proposed split is for 132.40 acres to be split into 29 lots.

BACKGROUND: The property is currently owned by Gina Marie Farms, Inc.

 

Splits previously completed on this parent parcel:

 

December 1997 (Project #1997-242) #001-19239-000 had 13 acres split into 10 acres and 3 acres.

 

October 2005 (Project # 2005-297) #001-19239-003 had 20 acres split into 10.79 acres and 9.21 acres.

PLANNING AREA: The development is located in the Elm Springs Planning Area.  The City of Elm Springs approved the Preliminary Plat February 13, 2006.  The minutes of this meeting are attached.

INFRASTRUCTURE:

 

Water - The lot is served by Washington Water Authority.

 

Other Utilities - The lot is in the service area of Ozark Electric Cooperative Corporation, Arkansas Western Gas, and CenturyTel Telephone.

 

Streets - The property has access off WC #939 (Kenneth Price Road) and WC #3903 (Res. Dr. Tally Gate).

Washington County Planning Department’s Staff Comments:

1.       If lot 29 (outlot) will not be built on- please indicate such on plans.  If this lot is part of the land being subdivided it must be denote by a tract number or letter.  Outlot usually refers to a parcel that is not part of the subdivision.

2.       Please have all of your variance support documents (if you wish to provide more as per our conversation at tech review) must be received by this office by Wednesday, March 29, to be included in the packets presented to the Planning Board members.

3.       All utility and staff comments must be addressed.

Washington County Contracted Engineer Comments:

1.       Need a drainage report. (drainage report was received March 30^th)

2.       If chip seal is used, a minimum of two coats is required.

Washington County Road Department Comments:

1. Cannot recommend for approval due to the length of the cul-de-sac being three times over the maximum regulation length.

Washington County Fire Marshal Comments:

1. Hydraulic analysis okay based on installation of 8” water lines.
2. Developer to work on solutions for dead end road per fire code.  Cannot approve variance for length as currently shown.

Arkansas Health Department Comments:

1. As long as all lots remain above 3 acres in size, no soil information or subdivision review by the department will be required, however, if any do drop below 3 acres, the project will require subdivision approval.

Utility comments:

Washington Water Authority Comments:

1. 911 address required on final plat and a copy submitted to WWA.
2. Street signs must be installed before final acceptance of project.
3. Developer is to pay depletion and meter free to WWA before final acceptance.
4. System must be constructed to WWA requirements.
5. Show Tally Gate Road, existing right-of-way, existing waterline, and existing easement.
6. U.E. on lots 1-4 is already existing waterline easement, no others will be allowed.
7. Show location of existing gas main.
8. Water does not go near lot 29, may be required to loop into line on Schuster Loop and extend to lot 29. Could replace existing 4” line and may get pressure for fire flow. Make sure line is on Schuster.

STAFF COMMENTS: 

This project CANNOT be approved unless a variance for cul-de-sac length is granted.  The applicant has submitted a variance request (see attached) asking for a 3,673 foot variance of the 1,200 foot maximum length of a cul-de-sac (as allowed by Washington County Code of Ordinances, 11-90,7) to allow a 4,873 foot long cul-de-sac. 

The applicant has stated that a “Variance is required to develop the land due to the sever topography in the area, which makes looping of streets impractical, and does not allow access to adjacent roads other than WC 939 (Kenneth Price Road).

The only support document provided was an enlarged image of lots 25 and 26 showing an area of one-foot topography and the location of adjacent Schuester Road (attached document).  Staff recommended that more support documents be submitted, but none have been received.

Our code states that a variance may be considered on the grounds of topographic issues (see attached variance language), however, staff feels that this topographic situation is not unique to this site and that variances should be granted sparingly and as a small variation to the rules, not in a situation that would allow a road to be almost FOUR TIMES length as allowed by County Code. 

There are many developers who face topographic challenges when developing in Northwest Arkansas and as the County Planning Department has approved plans where developers have spanned topography as challenging as that presented in this plan, we feel that this circumstance is not unique only to this site.

Neither Frank Ditmars, County Road Superintendent nor John Jenkins, County Fire Marshal, can recommend approval of this variance to the Planning Board (see corresponding comments above).  Planning staff also recommends denial of this variance request.

Staff will present an in-depth presentation of this project at the meeting.  Please feel free to contact the office with any questions prior to that time.

However, if you wish to grant this variance, please state your reasons for the variance with the motion.  Also, if you grant this variance and thus choose to grant approval of this preliminary plat- please do so with the conditions listed below.  

Please note that all variances must also be approved by the County Judge, as well as the Planning Board, so his approval should be listed as a condition of approval as well.

                                                                                                                                                                       

RECOMMENDATION: Staff recommends against variance and Preliminary Plat approval.  However, if the Planning Board wishes to grant approval, please grant approval with the following conditions.

Washington County Planning Department’s Staff Comments:

1.       If lot 29 (outlot) will not be built on- please indicate such on plans.  If this lot is part of the land being subdivided it must be denote by a tract number or letter.  Outlot usually refers to a parcel that is not part of the subdivision.

2.       Please have all of your variance support documents (if you wish to provide more as per our conversation at tech review) must be received by this office by Wednesday, March 29, to be included in the packets presented to the Planning Board members.

3.       All utility and staff comments must be addressed.

4.       All Washington Water Authority Comments must be addressed

Washington County Contracted Engineer Comments:

5.       County Engineer’s approval of the drainage report. (drainage report was received March 30^th and is still under review by the County Engineer at the time of this staff report)

6.       If chip seal is used, a minimum of two coats is required.

Arkansas Health Department Comments:

7. As long as all lots remain above 3 acres in size, no soil information or subdivision review by the department will be required, however, if any do drop below 3 acres, the project will require subdivision approval.

Items that still remain unaddressed are as follows:      

Washington County Staff Comments

1.       If lot 29 (outlot) will not be built on- please indicate such on plans.  If this lot is part of the land being subdivided it must be denote by a tract number or letter.  Outlot usually refers to a parcel that is not part of the subdivision.

2.       All utility and staff comments from the previous tech review must be addressed.

3.       It appears that there may be questionable sight visibility from the connection point of the interior proposed subdivision road to Kenneth Price Road.  Please send a signed and stamped statement from the project engineer that sight visibility standards are met as per Washington County Code of Ordinances.

4.       All Washington Water Authority Comments must be addressed

5.       Dead End cul-de-sac length violates both Arkansas State Fire Code standards and Washington County dead-end cul-de-sac length standards.  Please rectify.  Please contact County staff if you would like to set up a discussion meeting.

6.       Your notification sent to property owners stated the meeting place for the Planning Board meeting erroneously.  Therefore, you MUST renotify all surrounding property owners at least 14 days prior to the next meeting for you Preliminary Plat to be heard.  Please see attached letter stating correct time and place of meeting.

Washington County Contracted Engineer Comments:

7.       If chip seal is used, a minimum of two coats is required.  

Arkansas Health Department Comments:

8.        As long as all lots remain above 3 acres in size, no soil information or subdivision review by the department will be required, however, if any do drop below 3 acres, the project will require subdivision approval.

Philip Taldo, (Gina Marie Farms, Inc.) owner of the proposed project, John Easterling, One Springdale, Inc., and Brian Moore, Engineering Services, Inc., were present to answer any questions.

Richey stated, “The City of Elm Springs did waive the cul-de-sac length.  The County’s maximum cul-de-sac length is 1,200’, this project has a 4,873’ cul-de-sac and they are asking for a variance.  I asked them to show proof for the variance and they showed topography.  I visited the property and found a small drive connecting to Schuester Road (WC #937).  The property line is located through the middle of the road, I feel like they can connect.  The Washington County Planning Staff and Road Department cannot recommend approval of the variance.  A variance is for a small variation, not three times the length of the cul-de-sac.”

Taldo commented, “This property was part of Bobby Pianalto’s (Gina Marie Farms, Inc.) farm for years.  He came to me wanting to develop the property, so we partnered up.  I respect your rules and regulations of the County.  I think that there is a reason that you have a system to hear waivers and variances, and I think that is for extenuating circumstances.  We are presenting tonight a circumstance that is unusual.  This project is unique to the County; it is “hog’s back” along top of a ridge on a mountain and it falls off drastically on both sides.  We are trying to do 3 to 5 acre lots.  There is a spot that connects with a little trail onto a gravel road.  The problem is that it is about 8’ before it starts falling off of our property line and the County requires 60’ right-of-way, so we would have to fill that extensively and cut across one of the lots.  Normally, we would do that automatically, but it is not very dense.  My argument in favor of the variance would be that we have no more dwellings or structures on this extra long cul-de-sac than you would on a 1,200’ cul-de-sac because of the size of the lots and the spacing between the properties.”

Laney asked if Taldo discussed with the Road Department the possible variance and width of the second road from 60’ to something less.  Taldo replied, “No, not really.”

Holmes asked if there was a reason for maximum length of cul-de-sac, Taldo did mention density.  Taldo replied, “From what I have experienced, the main problem with cul-de-sac lengths, is the fact that you can have a lot of houses with just one way in and one way out.  If the entrance gets blocked and there is a fire, emergency vehicles will not be able to get to the fire.”

Holmes stated, “The question is not how many houses are on a cul-de-sac, but can the emergency vehicles get to the last house.”  Taldo commented, “According to the regulations, it is how many houses there are.  Someone can have the same number of lots on a 1,200’ cul-de-sac that I have here.  The houses will be one right after another, in my way of looking at it, a 1,200’ cul-de-sac would indicate more of a hazard then it would to have them spaced on three to five acre lots.”

Holmes asked, “I don’t think density is the key problem.  In the event of an emergency, will the emergency service be able to reach where they need to go?”  Taldo replied, “Where the road connects to the County Road it is closer to the City of Elm Springs and Springdale which will provide a more direct route to get to the subdivision.”

Holmes asked what if trees are down and vehicles could not get through.  Taldo replied, “Even with a 1,200’ cul-de-sac, a tree could still fall and block the other houses.”

Quinton asked, “What happens if this property is sold and the new owner splits it?”  Taldo replied, “Our intention is to have covenants.”

Laney stated, “I am reluctant to make a motion.  The City of Elm Springs has approved the project and I am reluctantly going against their recommendation.  I appreciate the larger lots and I think that is a valid point.”

Randy Laney moved to deny Taldo Subdivision variance and to encourage the developer to look at the variance of the road size and work with the Road Department. Robert Daugherty seconded.    Six of the Planning Board members voted for the denial of the variance.  None voted in favor of the variance.  Gary Head abstained. Motion passes.

Randy Laney moved to table Taldo Subdivision Preliminary Plat. Dale Quinton seconded.  Gary Head abstained.  Motion passes.

Richey commented, “When an item is tabled it is automatically placed on the agenda for the next month’s Planning Board meeting.”

Taldo asked for guidance if they could provide an emergency access road as an option instead of a major road.  Quinton stated, “The Planning Board relies on Staff for guidance.”  Holmes replied, “Discuss the matter with the Planning Director and Staff.  Our concern primarily is it is simply a matter of the density.  The relational behind the length of a cul-de-sac isn’t how many houses this road can serve, but how difficult it will be for an emergency service to travel the length of the road.”

Inlow commented, “I will not vote for this, the cul-de-sac length was put in place for a reason.  I do not see this as being a huge exception to that.  If Staff does not see this as being safe and not the way it should be, then I am not going to vote for it.”

John Jenkins, Washington County Fire Marshal, stated, “We will work with you on an emergency entrance that should resolve the fire issues, I cannot speak for the Road Department.  The Fire Code requirements for an emergency entrance are considerably less than they are for a full road.” 

County

c.  Richard Watson Tract Split

Location: Section 29, Township 18 North, Range 28 West

Owner/Developer: Richard Watson

Engineer/Surveyor: Blew, Bates & Associates, Inc.

3.16 acres and 3 lots

Richey stated, “The applicant has not addressed any of the comments made by Staff, utilities, and the Health Department.  Also, there is not enough information available to recommend approval.”

Karen Inlow moved to table Richard Watson Tract Split Preliminary and Final Plat. Randy Laney seconded.  Motion passes.

County

d.  Brookhaven Subdivision Revised Phases 2 & 3

Location: Section 4 & 5, Township 15 North, Range 31 West

Owner/Developer: Infinity Partners, LLC

Engineer/Surveyor: EGIS Engineering, Inc. / Alan Reid & Associates

97.57 acres and 273 lots

Doug Brooks, Infinity Partners, LLC, and David Gilbert, EGIS Engineering, Inc., were present to answer any questions.

Richey stated, “The revised Preliminary Plat incorporates an additional 12.99 acres of land adjacent to and east of the previous project with the addition of 26 single family lots and four commercial lots.  This plat will only effect phases 2 and 3.  They are still in negation with Washington Water Authority trying to decide where the water line is going to go.  Washington Water Authority said that they didn’t have any problems with the Planning Board approving this project.  We don’t have fire flows right now, John Jenkins, Washington County Fire Marshal, is okay with this because they are working with Washington Water Authority.”

Gilbert commented, “The road from Hwy. 62 to Little Elm Road (WC #19) will be designed as a collector street, to help take some traffic off of Little Elm and Ervan Beeks Road (WC #624).  We want to encourage the people that live in this development to take the direct route to Hwy. 62.  None of the lots will let out onto Little Elm Road.  Phase 2 was going to be significantly large with the addition of the 13 acres to the east, so that is why we split it up into the two portions.”

Holmes asked, “What if Phase 3 didn’t happen, how would you connect Phase 1 & 2?”  Gilbert replied, “Little Elm Road runs through the middle of the project.  The direct connection is Sharlene Avenue.” 

Walker asked, “Has there been any thoughts for a traffic light on Hwy. 62?”  Richey replied, “The County can not require a traffic light since Hwy. 62 is a State Highway.”  John Gibson, Assistant to the County Judge, stated that they would have to do a traffic study. 

Gilbert commented, “Several conditions are looked at for putting in a traffic light.  We have designed Kristen Drive to line up with an existing County Road that is directly across Hwy. 62 to make it easier if a traffic light is needed.”

Joe Maynard, adjoining property owner to the south of Phase 3, stated, “I am concerned about the water issues, drainage issues, and the traffic issue.  I like how they lead the road to Hwy. 62 instead of Little Elm Road, it is much safer.”

Gilbert commented, “The project will connect to Valley View’s Golf Course treatment plant. It is being designed to function exactly like a municipal sanitary sewer.  We did a drainage study.  In regard to Phase 3, our studies show that in a 100-year event that the water level in Mr. Maynard’s ravine will only increase about 1.5 inches.  No structures will be threatened.  Phase 2 drains to the north into a pond.  Improvements (culverts) are planned for Ervan Beeks Road to resolve the drainage.  The calculations indicate minimal increase in depth.””

Richey stated, “Clay Grote, Washington County Contracted Engineer, reviewed and approved both the previous and revised drainage reports.”

Holmes commented, “The Planning Board makes sure that the developer meets all of the existing ordinances, with regards to County Roads and drainage, that it does meet the engineering studies.  If the calculations are wrong, legal action may need to be taken.”

Walker asked, “Are there any detention pond rules?”  Richey replied, “Mr. Grote looks at the terrain and checks the calculations.  At this time there are no detention pond rules for the County.”

Walker stated, “I am on the Planning Board because of a drainage issue.  I have a problem with allowing a project with added water to go onto a neighbor’s property.  I know that our hands are tied.  The neighbor may need a boat to get to the south part of his property, is that fair to him?”

Gilbert commented, “You are describing existing conditions.”  Richey added, “The water is checked for deter mental effects.”

Holmes stated, “They are not saying no change, they are guaranteeing that whatever change takes place is within the regulations and it is not going to have a deter mental situation.”

Vickie Ferguson, adjoining property owner to the north side of Phase 2, commented, “This is the first that I have heard that the drainage is going to flow into our pond.  The pond is used for watering livestock; the water will be contaminated.  We should not have to provide a detention pond for this development.  It is a very wet and marshy area.  It is wrong to let a project effect the neighbors.”

Richey asked, “Are you going to put more water in that pond than before?”  Gilbert replied, “All of the run-off is currently going into that pond anyway.  We are maintaining the natural drainage path.  This stock pond will not function as detention; it will fill up until it runs out.  I disagree with the idea that this pond is serving as detention for this development; we have not taken that into account.  It is going to take a lot of water to fill a pond up; at that point it is going to overflow, from a hydraulic standpoint it will become invisible.  The culvert under Ervan Beeks Road is not large enough.  We will be fixing this to allow the water to move off of this property more easily.”

Bill DeVault, Washington County Road Assistant Superintendent, stated, “This is an imperfect situation, the whole area has water problems.  The developer is responsible for off-site drainage.  It sounds like a civil court issue.”

Maynard asked if pollutants have been addressed.  Holmes replied it is up to ADEQ (Arkansas Department of Environmental Quality).  Maynard also asked if there are plans to improve Little Elm Road.  Gilbert replied, “Right now, Little Elm Road is somewhat consistent in width and is considered to be 18’ wide for the entire length of the project.  Little Elm Road’s surface will be widened to 24’ wide.  We are proposing to the Road Department, instead of improving half of the roadway, that we make an arrangement to improve both sides of the road. ”

Walker asked if it would be possible to drain down the other side.  Gilbert replied, “No, it would not be possible, there is an elevation difference.”

Karen Inlow moved to approve Brookhaven Subdivision Revised Phases 2 & 3 Revised Preliminary Plat with conditions. Dale Quinton seconded.  Motion passes.

Head commented, “I am not too pleased about drainage and pollutants being put onto the neighbors, that is not under our purview.  I hope everyone can be neighborly.”   

Walker stated, “There is something wrong with this process.  I will be forced to vote on this approval, not knowing our full relations.  I want it on record saying that if something is wrong then we can allow the developer to shed more water onto the neighbors when there no alternative method.”

Richey commented, “We will be having a meeting about detention/retention ponds with the cities.  There are some instances where detention/retention ponds can make drainage issues even worse.  Mr. Grote has been hesitant recommending if the County should adopt detention/retention pond rules.  We are moving in a direction of finding a solution to the problem.”

Walker asked about this project’s neighbors, is it too late.  Holmes stated, “It seems like we’re always trying to fix a problem after it becomes a problem, we can’t think ahead on future projects.”  Quinton commented, “We need to stress that this is a Planning Board’s concern, so that Mr. Grote can review.”

Walker stated, “Other jurisdictions require underground drainage systems.  I know that it is an expense, but I don’t like additional water running onto my property even if it is an inch; I have all the water that I need.  We need to slow it down.”

Four of the Planning Board members voted in favor of approving Brookhaven Subdivision Revised Phases 2 & 3 Revised Preliminary Plat.  One Planning Board member (Larry Walker) voted against the approval.  Motion passes.

Farmington Planning Area

e.  Twin Falls Addition

Location: Section 27 & 34, Township 16 North, Range 31 West

Owner/Developer: Twin Falls Development, LLC

Engineer/Surveyor: Hawkins-Weir Engineers, Inc.

82 acres and 71 lots

REQUEST: Final Plat approval for Twin Falls Addition.  Phase I of the proposed subdivision consists of 71 lots on 82 acres.  The project is located on Hwy. 62 and Jim Brooks Road (WC #263).

BACKGROUND/PLANNING AREA: The project is located in the Farmington Planning Area.

Farmington approved the Preliminary Plat February 21, 2005 and the Final Plat March 20, 2006. 

The Washington County Planning Board approved the Preliminary Plat March 3, 2005.

INFRASTRUCTURE:

Water -This project will be served by Washington Water Authority.

Other utilities: The development will be served by Ozark electric, Arkansas Western Gas, Prairie Grove Telephone, and Cox Cable.

Streets -The development will have one connection to Hwy. 62 and also one connection to Jim Brooks Road (will be provided in future Phase 2).  The roads are within a mile of the Farmington city limits, therefore, they will be constructed to Farmington standards.

PERMITS: