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HomeMy WebLinkAboutS-0054-N Staff AnalysisMay 16, 1989 SUBDIVISION ITEM NO.: D FILE NO.: S-54-N NAME: Rain Forest Addition 2nd Preliminary LOCATION: On the west side of Bowman Road approximately one-half mile south of Kanis Road. DEVELOPER: ENGINEER: Rainey Development Co., Inc 18720 Kanis Road Little Rock, AR 72211 821-1128 AREA: 53 acres Marlar Engineering Co., Inc. 5318 J.F.K. Blvd. No. Little Rock, AR 72116 NUMBER OF LOTS: 177 FT. NEW STREET: 7,987 Lineal Ft. ZONING: "R-2" Single family PROPOSED USES: Single family residences PLANNING DISTRICT: 11 CENSUS TRACT: 40.02 VARIANCES REQUESTED: 1. To permit the ratio of lot depth to width to be greater than the ordinance permits on Lot 177. 2. To allow the pipe stem design for Lots 85 and 122. These two lots, together with Lot 176, are to be dedicated to the Property Owners Association as park areas. 3. To allow a 105 foot radius curve on Alder Drive as indicated on the plat. PLAT DEFICIENCIES NOTED: (January 23, 1989) / . Source of title. 2. Zoning reflected on and off site. 3. Need to deal with width -to -depth of lots ratio, Phase 5 specifically and Lots 73 and 74. 4. Additional detail on the Bowman Road entry design. 5. Angle exit on several streets, specific provision for pavement termination. 6. Waiver request on pipe -stem lots as pipe -stems are disallowed currently in the ordinance. May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) 7. Dedicate right-of-way on Bowman Road on both phases abutting 8. Sidewalks on the plat as required by ordinance. 9. Indicate a change of name on Alder and Mahogany Streets. This is a continuous center line. 10. Indicate horizontal center line data. 11. Indicate relationship between the northeast corner of Lot 29 and the street right-of-way on Wagon Wheel. 12. Indicate change on the plat on Alder and Mahogany to a 50 foot right-of-way with 27 foot pavement inasmuch as this street does not qualify as a minor residential. A. PROPOSAL/REQUEST: The applicant proposes a large conventional single family subdivision on lands that will tie Bowman Road to a developing area off Kanis Road. Numerous collector streets cross or enter and exit this subdivision and its several phases. These collectors are of utmost importance to traffic circulation in the area. B. EXISTING CONDITIONS: The land is variable in elevation from east to west; the eastern portion containing somewhat gentle slopes and changing to some steeper slopes in the west central area of the plat. There are drainage -ways crossing the property north to south. The property takes its primary access for Phase I from Bowman Road which is a arterial street. C. ENGINEERING COMMENTS: 1. Check divided roadway and median island. Note the short reverse curves on Rain Forest at Bowman Road. 2. Show preliminary street grades. 3. Show preliminary drainage plan with routing, approximate quantities, preliminary pipe, bridge and ditch sizes. 4. Show sidewalk one side of residential collector and arterial streets as required by ordinance. Show one-half Bowman Road improvements, 60 feet pavement and 90 feet of right-of-way. 5. Address Stormwater and Excavation Ordinance requirements. May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) 6. Mahogany Court will have a bad site distance if the crest of the hill is not cut. Approval of this street location should be made only if Mahogany Loop grades are such that the required site distance can be attained. 7. Street lights will be required in accordance with Subdivision Ordinance. D. ISSUES/LEGAL/TECHNICAL/DESIGN: There are no apparent legal issues except the basic ordinance requirements that have been omitted from the plat. There are several design issues relative to access to Bowman Road with the split intersection, continuous center line on streets, sidewalks and the need for specific waiver requests. One point which the developer has raised in the cover letter on this submittal deals with his request that this preliminary be considered as a revision to the original preliminary plat and that the original subdivision rules apply concerning drainage detention design. None of the previous phase of Point West (Rain Forest) have required detention design. Mr. Rainey, the developer, further points out that he has requested of the Home Builders Association that a "smart house" project be considered for this plat on Lots 1 and 2. He will submit at some point a PCD on this site for the project should these lots be accepted. E. ANALYSIS: The Planning Staff, in reviewing this plat, realizes that the owner is attempting to continue a preliminary which was approved on this property at an earlier time. However, our feeling is that there are enough issues involved that we should consider this as a new preliminary plat in its entirety. This is based upon recent changes in the Master Street Plan as to collector streets and the requirements of the ordinance that have not been dealt with within the plat. F. STAFF RECOMMENDATION: The Staff recommends deferral of the plat until the next scheduled Subdivision Public Hearing in order to provide sufficient time to address the concerns pointed out by Planning and Engineering Staffs. May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) SUBDIVISION COMMITTEE COMMENTS: (February 9, 1989) Mr. Forest Marlar and Mr. Roy Rainey were present representing this preliminary plat. There were a number of questions raised by Mr. Marlar as to Staff comments. He requested clarification,of the Staff's comment specifically dealing with this preliminary plat as being a new preliminary. His feelings were that the preliminary plat had been previously approved in 1981 as a part of a larger preliminary plat by the same name. During the intervening years, hie indicated that there were a number of phases of that preliminary plat that had been placed of record; thereby granting permanence to this part of the preliminary plat. It was pointed out by Mr. Marlar and Mr. Rainey that their feeling was that the preliminary plat was being submitted at this time in order to deal with changes in areas such as the Master Street Plan. These changes were the primary cause for their resubmittal and modifying the plan from its current preliminary approval. The Planning Staff responded by stating that it felt the plat had enough new issues attendant that it could be called a new preliminary plat. However, Staff was not bound by this feeling and would take direction from the Commission on this matter. Richard Wood of the Planning Staff then, as directed by the Chairman, performed a brief overview of the preliminary plat pointing out the areas where Staff had suggested changes. These had to do with street names and alignment on certain streets which were reflected as minor streets but which were, in fact, standard residential. There were a number of pipe -stem lots which the ordinance now disallows. There were requirements for dedication and sidewalk along Bowman Road not reflected on the plat. Staff also pointed out that the number of waivers that were apparent from interview would require the Board of Directors' approval. The Committee then moved to discussion of a request from Mr, Ron Tyne who was present representing Winrock Development Company. Mr..Tyne represented properties adjacent on the north. A letter was presented from Winrock which pointed out a need for an easement on Mr. Rainey's plat in order to assure access to sewer service. A lengthy discussion of this request followed during which Staff pointed out it was a basic responsibility of the City and the Planning Commission to provide easements for the installation of basic utilities. This is not something out of the ordinary; May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) it is accomplished as a matter of course on many plats. Mr. Rainey and his engineer offered comments on that subject to the effect that they felt they should be paid for the extension of Winrock's facility onto their property. The Committee agreed with Staff that this was a standard operating item and should be reflected on the plat as an easement, especially in light of the fact that Mr. Rainey's third phase in which the easement is required may not be developed prior to Winrock's need. If that should occur, then Mr. Rainey will no doubt be compensated for the easement and sewer connection. The Committee then questioned Mr. Rainey as to the design of the cul-de-sac and intersecting property lines in the northeast corner of the plat. There is an excessively deep lot running west off Bowman Road that extends into the cul- de-sac at an unusual angle. Mr. Marlar responded by saying that Mr. Rainey was in negotiation with an adjacent property owner to acquire portions of the property lying south and east of the cul-de-sac. The acquisition of that property would allow Mr. Rainey to plat a new configuration, thereby allowing lots with radial lines from that cul-de-sac. A couple of follow-up items for the engineer to work out with the City Engineer's office involved the alignment of Bowman Road and the question as to whether detention will be necessary on this site, especially in light of the fact that the preliminary plat may be ruled as an existing preliminary plat, thereby predating the requirement for detention. PLANNING COMMISSION ACTION: (February 21, 1989) There were no objectors in attendance. The application was not represented. A letter had been submitted by the engineer, Mr. Forest Marlar, in the required time requesting that this matter be deferred until the April 4th Planning Commission Agenda. The Commission then discussed placing this matter on the Consent Agenda for deferral. A motion was made for deferral of the item as requested. The motion passed by a vote of 8 ayes, 0 nays, 3 absent. May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) PLANNING STAFF COMMENT AND UPDATE: The Staff has reviewed a revised plan submitted by Mr. Forest Marlar, the Engineer of Record on this project. The revised plat addresses many of the concerns that were set forth in the Engineering and Planning Department comments at the previous meeting. There remain several points for the Planning Commission to resolve, including three variances which have now been added to the agenda and reflected on page 1 of this write-up. Additional concerns offered by the Public Works Department on this project deal with the need to establish Rain Forest Drive as a collector street running off Bowman Road. This collector street is deemed necessary in order to carry the traffic circulation in this area until such time as a fully fleshed out collector system is in place. The Public Works Department feels that since the lots on each side of this street are very shallow that the 60 foot right-of-way normally required could be reduced to 55 feet. The requirement for a 36 foot pavement should still be the standard applied. A second point of concern of the Engineering Department has to do with the collector street, Point West Drive, entering from the north and its potential connection with Banyan Drive exiting the -south boundary. It is felt that perhaps one street name could be assigned to this alignment thereby committing the north/south collector at such time as the Winrock properties are developed to the northeast. The last point to be made by the Public Works Department is that they feel the detention requirements cannot be waived by the Planning Commission. They feel that this is a requirement that would be a Board of Directors waiver issue. It is felt that this is a new preliminary plat and should conform to the current ordinance standards. The Planning Staff, in its review of the revised preliminary, note two areas that require some follow-up. One is specific identification of the easement to serve as sewer assess to the Winrock properties. This may be reflected at this time, but is not specifically noted. The last item is one of a street name suffix change on Alder Drive and Alder Place. This should be a single street name and "Drive" should be applied. May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) SUBDIVISION COMMITTEE COMMENT: (March 23, 1989) The application was represented by Mr. Forest Marlar, the engineer, and Mr. Roy Rainey, the owner. The Staff presented an update on the revised preliminary plat submittal. Staff pointed out there were a few remaining issues to be resolved. Jerry Gardner of the Public Works Department pointed out several of the issues that remained of concern to his office. These dealt with provision of a 36 foot street pavement in an appropriate right-of-way for Rain Forest Drive running west off Bowman Road. He pointed out that some additional consideration should be given to the reverse curve design at the point of entry of this street from Bowman Road. He indicated the transition was too short. Mr. Gardner also pointed out that inasmuch as the detention requirements are required by an ordinance other than the subdivision regulations, the Planning Commission cannot waive these standards. He indicated that the Board of Directors would have to deal with this matter. A brief discussion followed on these points. The engineer and Mr. Rainey indicated they would follow up on these comments prior to the public hearing on April 4. Richard Wood of the Planning Staff then pointed out the last items in the write-up that required addition work by the plat engineer. This had to deal with the placement of the easement that had been previously discussed to serve the Winrock property and the changing of one of the street names on Alder Drive/Alder Place. PLANNING COMMISSION ACTION: (April 4, 1989) Richard Wood of the Planning Staff offered a brief comment on the staff recommendation and pointed out that the staff generally supports the preliminary plat and the various elements of the proposal except for several variances which have been requested and a couple of items that have been introduced by the Public Works Department. Mr. Jerry Gardner of the City Engineer's staff was asked by Staff to provide input on the several objections they have to the plat proposal. Mr. Gardner outlined the several points of concern as follows, the primary being the street improvements for Rain Forest Drive. He pointed out that this street will, for a number of years, provide the only May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) access to a significant subdivision. He stated that until some unknown point in the future when Phase IV is developed, there will not be an alternate access to either Bowman Road or to Kanis Road on the north. Mr. Gardner suggested that the City require this street to be constructed to the collector width and require a wider right-of-way for its construction. The second point of concern dealt with two streets, one which enters this plat from the north, another which crosses the plat in its southeastern quadrant. These two streets are titled Banyan Drive and Point West Drive. His concern dealt with the potential for these two collector streets aligning with a common center line at some future time, thereby creating a street name conflict. He felt that this is the time to resolve this issue rather than wait to determine the street alignment when the Winrock Developers develop their properties. He indicated that the intersection of these two streets would occur within the Winrock development which is north and east of this plat. The third concern offered by Mr. Gardner had to deal with the requirement for redesign of the Rain Forest intersection at Bowman Road. He indicated that this had possibly been resolved by the developer agreeing to remove the median in the street and change the design on the reverse curve somewhat. A fourth point raised by Mr. Gardner, which is not a requirement of the Subdivision Ordinance, deals with the provision, of retention within the plat boundary for rainfall runoff. He again pointed out, as he had on previous occasions, that this requirement for a waiver or variance will require approval by the Board of Directors. A brief discussion then followed involving several of the Commissioners and Mr. Gardner dealing with the similarity of the collector street issue and other streets in the City such as Shackleford Road, and collector streets within Hillsboro Subdivision. The Commission then asked Mr. Forest Marlar, the engineer of record on this project, for his comments. Mr. Marlar addressed the concerns raised by Mr. Gardner. He indicated that he had designed this preliminary plat with the Master Street Plan in mind and felt like he had met the Master Street Plan standards. He indicated that if the 36 foot collector street is imposed upon this plat, he would like to provide that right-of-way at 50 feet with 5 foot easements on either side rather than a 55 foot right-of-way dedication. He further indicated that straightening of the reverse curve would be accomplished and provision of the larger turning radius. May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) Mr. Roy Rainey, the developer, then offered comments concerning the street name and collector street alignment issue. He indicated he wanted to avoid conflict between his plat and the adjacent Point West Addition. He felt that extension of that street name to the interior of his plat may cause conflict. Commissioner Rector then pointed out the need for the temporary collector street as requested by Staff. Mr. Rainey indicated that he felt it would be no problem to provide that street. However, he followed that comment by indicating that the collector street, Point West, should be and could be turned out to Bowman Road inasmuch as that would be the shorter route for connecting a collector street with an arterial. Commissioner Oleson suggested that the name Banyan Drive be left within the plat on preliminary and the issue be addressed for conflict at some future time when the real need could be identified. Several comments by others indicated that this was the time to resolve this issue rather than make a commitment on a preliminary plat. Commissioner Rector then raised questions about the Stormwater Detention Ordinance. A lengthy discussion followed involving Mr. Marlar, the engineer, and Mr. Gardner. The discussion centered on whether this is, in fact, a new preliminary plat or an extension of a previous approval granted in the late 1970's. Mr. Marlar indicated that the existing Point West Addition in its several phases has received waivers of the Detention Ordinance and that those properties were part of this preliminary plat in the original filing. Mr. Gardner indicated that some developers may have been exempt from the requirements but he did not have authority to extend such an exception. He again indicated the City Board had that authority and responsibility. Commissioner Nicholson then asked about the time period for approval of preliminary plats and the effect of that on the Detention Ordinance. Mr. Gardner identified the forming process for phasing of plats and their relation to the requirement for submitting plans for detention. A general discussion then followed broadening the involvement of the discussion to include Mr. Rainey, Mr. Marlar and several Commissioners, the subject matter being the Detention Ordinance primarily. Mr. Rainey closed his remarks on the subject by describing his relationship to the original land holdings, the subsequent history of selling several of the parcels, and a statement that he felt he had May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) the same preliminary plat with some minor modifications. Mr. Marlar indicated to the Commission that he had not designed detention into this plat. Mr. Gardner indicated the same. A lengthy discussion then followed involving all of the various parties. The discussion centered primarily on the detention issue and a means for resolving the street name conflict. Several attempts at a motion were made resulting in a motion for approval of the preliminary plat subject to the deferral of the Master Street Plan alignment and name issue until May 16th. The motion included the approval of several variances which would be recommended for approval to the Board of Directors. The motion also included an understanding that the developer had agreed to certain modifications to meet the Public Works Department requirements. Those requirements were specified in a letter dated April 4, 1989 and were five in number: Item #1 dealt with the Rain Forest Drive construction. This was agreed to be 36 feet of pavement in a 50 foot right-of-way with 5 foot parallel easements. Item 92 dealt with the reverse curve which was to be eliminated. Item #3, the Banyan Drive street name conflict was to be deferred to May 16 for resolution. Item #4, the substandard center line radius on Alder Drive would be modified to 150 feet. Item # 5, the Stormwater Detention requirements to be forwarded to the City Board for variance consideration. The motion also included recommendation of approval on two variances initially requested dealing with the ratio of lot depth to width and the provision of pipe stem lots on two lots. A vote was offered on the motion as made. The vote produced 9 ayes, 0 nays, 2 absent. The motion passed. May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) A lengthy discussion of this matter then followed, the result of which was a member of the Commission calling the item for a vote. The Chairman placed the matter on the floor as presented for a vote. The vote on the action was as follows: 2 ayes, 4 nays, 2 abstaining, 3 absent. As a result of this vote, the matter was determined to be automatically deferred until the Planning Commission meeting on May 16, 1989 due to the failure to obtain the minimum 6 votes for final action. As a result of the vote, the several items contained within the discussion of the Commission and applicant were presented to the Staff in the form of requests for a report. These included: 1. The Public Works Department to present a graphic and written report on the several phases of Pointe West and Rain Forest Subdivisions which have been approved and constructed, the purpose of which would show the relationship of the street systems, the ties between the several plats and to this proposal, and, last, a record of the review and position of the Public Works Department on the several final plats as to the requirement for the stormwater detention requirements. 2. The Planning Staff was directed to report in two weeks on those circumstances which were used by Staff and specified by ordinance as permitting the continuance of a preliminary plat beyond the one-year initial approval. 3. The City Attorney was requested to review, for legal opinion, the applicability of the Stormwater Detention Ordinance on a preliminary plat which was approved by the Commission prior to the adoption of the Stormwater Detention Ordinance. PLANNING COMMISSION ACTION: (May 16, 1989) The applicant was present. The City Attorney stated that due to a lapse of time, as well as a preliminary plat redesign, the applicant would be bound by the Detention Ordinance requirements. Mr. Anson Nix, a Little Rock resident, stated that due to the current drainage problems of the City, the developer should be required to comply with the Detention Ordinance. May 16, 1989 SUBDIVISION ITEM NO.: D (Continued) ... Mr. Roy Rainey, owner of the proposal, argued that the plat was part of an overall preliminary plat that was approved prior to the current Detention Ordinance requirements and, therefore, should not be required of this plat. Mr. Rainey also stated that he agreed to comply with the requirement to name the collector street Pointe West as it continued through his proposal. The Commission then voted 0 ayes, 8 noes, 1 abstention (McDaniel) and 2 absent to deny the variance from the Detention Ordinance requirements. 1. Meeting Date: May 2, 1989 2. Case No.: S-54-6 3_ Request: For Subdivision Ordinance waivers to permit lot dept-to-width ratios which exceed ordinance standards and permission to plat two pipe -stem lots. 4. Location: On the west side of Bowman Road approximately one -quarter mile south of Kanis Road. 5. Owner/Applicant: Roy Rainey 6. Existing Status: Vacant land 7. Pr_oposed Use: New single family subdivision with 177 lots. 8. Staff Recommendation: The Planning Staff recommends approval of the preliminary plat with the several modifications as included in the Staff's recommendation dealing with design of street center line, street name change, collector street status on Rain Forest Drive, reverse curve redesign at point of entry to subdivision and working with Staff and Public Works Department to resolve the street name conflict on the Point West Drive collector street. The issue of on -site detention of stormwater was determined to be a matter for the Board of Directors resolution and possible variance. Therefore, the Staff and Planning Commission rendered no decision. 9. P I ann i ng_ Comm_i_sS i on, Recommenda.t i on: Approval of the preliminary plat subject to those items outlined in the Staff recommendation. 10. Recommendation Forwarded With: 9 ayes, 0 nays, 2 absent. 11. ObJectors: None FILE NO.: S-54-N NAME: Rain Forest Addition 2nd Preliminary LOCATION: On the west side of Bowman. Road approximately one-half mile south of Kanis Road. DEVELOPER: Rainey Development Co., Inc. 18720 Kanis Road Little Rock, AR 72211 821-1128 AREA: 53 acres FT. NEW STREET: 7,987 Lineal Ft. ZONING: "R-2" Single family ENGINEER: Marlar Engineering Co., Inc. 5318 J.F.K. Blvd. No. Little Rock, AR 72116 NUMBER OF LOTS: 177 PROPOSED USES: Single family residences. 11 CENSUS TRACT: 40.02 VARIANCES REQUESTED: 1. To permit the ratio of lot depth to width to be greater than the ordinance permits on Lot 177. 2. To allow the pipe stem design for Lots 85 and 122. These two lots, together with Lot 176, are to be dedicated to the Property Owners Association as park areas. 3. To allow a 105 foot radius curve on Alder Drive as indicated on the plat. PLAT DEFICIENCIES NOTED: (January 23, 1989) 1. Source of ti•fIe. 2. Zoning reflected on and off site. 3. Need to deal with width -to -depth of lots ratio, Phase 5 specifically and Lots 73 and 74. 4. Additional detail on the Bowman Road entry design. 5. Angle exit on several streets, specific provision for pavement termination. 6. Waiver request on pipe -stem lots as pipe -stems are disallowed currently in the ordinance. (Continued) 7. Dedicate right-of-way on Bowman Road on both phases abutting 8. Sidewalks on the plat as required by ordinance. 9. Indicate a change of name on Alder and Mahogany Streets. This is a continuous center line. 10. Indicate horizontal center line data. 11. Indicate relationship between the northeast corner of Lot 29 and the street right-of-way on Wagon Wheel. 12_ Indicate change on the plat on Alder and Mahogany to a 50 foot right-of-way with 27 foot pavement inasmuch as this street does not qualify as a minor residential. A . PROPOSAL(_R_EQUEST The applicant proposes a large conventional single family subdivision on lands that will tie Bowman Road to a developing area off Kanis Road. Numerous collector streets cross or enter and exit this subdivision and its several phases. These collectors are of utmost importance to traffic circulation in the area. B. EXISTING CONDITIONS: The land is variable in elevation from east to west; the eastern portion containing somewhat gentle slopes and changing to some steeper slopes in the west central area of the plat. There are drainage -ways crossing the property north to south. The property takes its primary access for Phase I from Bowman Road which is a arterial street. C. ENGINEERING COMMENTS: 1. Check divided roadway and median island. Note the short reverse curves on Rain Forest at Bowman Road. 2. Show preliminary street grades. 3. Show preliminary drainage plan with routing, approximate quantities, preliminary pipe, bridge and ditch sizes. 4. Show sidewalk one side of residential collector and arterial streets as required by ordinance. Show one-half Bowman Road improvements, 60 feet pavement and 90 feet of right-of-way. 5. Address Stormwater and Excavation Ordinance requirements. (Continued) 6. Mahogany Court will have a bad site distance if the crest of the hill is not cut. Approval of this street location should be made only if Mahogany Loop grades are such that the required site distance can be attained. 7. Street lights will be required in accordance with Subdivision Ordinance. D. ISSUES/LEGAL/TECHNICAL/DESIGN: There are no apparent legal issues except the basic ordinance requirements that have been omitted from the plat. There are several design issues relative to access to Bowman Road with the split intersection, continuous center line on streets, sidewalks and the need for specific waiver requests. One point which the developer has raised in the cover letter on this submittal deals with his request that this preliminary be considered as a revision to the original preliminary plat and that the original subdivision rules apply concerning drainage detention design. None of the previous phase of Point West (Rain Forest) have required detention design. Mr. Rainey, the developer, further points out that he has requested of the Home Builders Association that a "smart house" project be considered for this plat on Lots 1 and 2. He will submit at some point a PCD on this site for the project should these lots be accepted. E. ANALYSIS: The Planning Staff, in reviewing this plat, realizes that the owner is attempting to continue a preliminary which was approved on this property at an earlier time. However, our feeling is that there are enough issues involved that we should consider this as a new preliminary ,plat in its entirety. This is based upon recent changes in the Master Street Plan as to collector streets and the requirements of the ordinance that have not been dealt with within the plat. F. STAFF RECOMMENDATION: The Staff recommends deferral of the plat until the next scheduled Subdivision Public Hearing in order to provide sufficient time to address the concerns pointed out by Planning and Engineering Staffs. (Continued) SUBDIVISION COMMITTEE COMMENTS: (February 9, 1989) Mr. Forest Marlar and Mr. Roy Rainey were present representing this preliminary plat. There were a number of questions raised by Mr. Marlar as to Staff comments. He requested clarification of the Staff's comment specifically dealing with this preliminary plat as being a new preliminary. His feelings were that the preliminary plat had been previously approved in 1981 as a part of a larger preliminary plat by the same name. During the intervening years, he indicated that there were a number of phases of that preliminary plat that had been placed of record; thereby granting permanence to this part of the preliminary plat. .It was pointed out by Mr. Marlar and Mr. Rainey that their feeling was that the preliminary plat was being submitted at this time in order to deal with changes in areas such as the Master Street Plan. These changes were the primary cause for their resubmittal and modifying the plan from its current preliminary approval. The Planning Staff responded by stating that it felt the plat had enough new issues attendant that it could be called a new preliminary plat. However, Staff was not bound by this feeling and would take direction from the Commission on this matter. Richard Wood of the Planning Staff then, as directed by the Chairman, performed a brief overview of the preliminary plat pointing out the areas where Staff had suggested changes. These had to do with street names and alignment on certain streets which were reflected as minor streets but which were, in fact, standard residential. There were a nurdber of pipe -stem hots which the ordinance now disallows. There were requirements for dedication and sidewalk along Bowman Road not reflected on the plat. Staff also pointed out that the number of waivers that were apparent from interview would require the Board of Directors' approval. The Committee then moved to discussion of a request from Mr. Ron Tyne who was present representing Winrock Development Company. Mr. Tyne represented properties adjacent on the north. A letter was presented from Winrock which pointed out a need for an easement on Mr. Rainey's plat in order to assure access to sewer service. A lengthy discussion of this request followed during which Staff pointed out it was a basic responsibility of the City and the Planning Commission to provide easements for the installation of basic utilities. This is not something out of the ordinary; (Continued) it is accomplished as a matter of course on many plats. Mr. Rainey and his engineer offered comments on that subject to the effect that they felt they should be paid for the extension of Winrock's facility onto their property. The Committee agreed with Staff that this was a standard operating item and should be reflected on the plat as an easement, especially in light of the fact that Mr. Rainey's third phase in which the easement is required may not be developed prior to Winrock's need. If that should occur, then Mr. Rainey will no doubt be compensated for the easement and sewer connection. The Committee then questioned Mr. Rainey as to the design of the cul-de-sac and intersecting property lines in the northeast corner of the plat. There is an excessively deep lot running west off Bowman Road that extends into the cul- de-sac at an unusual angle. Mr. Marlar responded by saying that Mr. Rainey was in negotiation with an adjacent property owner to acquire portions of the property lying south and east of the cul-de-sac. The acquisition of that property would allow Mr. Rainey to plat a new configuration, thereby allowing lots with radial lines from that cul-de-sac. A couple of follow-up items for the engineer to work out with the City Engineer's office involved the alignment of Bowman Road and the question as to whether detention will be necessary on this site, especially in light of the fact that the preliminary plat may be ruled as an existing preliminary plat, thereby predating the requirement for detention. PLANNING COMMISSION ACTION: (February 21, 1989) There were no objectors in attendance. The application was not represented. A letter had been submitted by the engineer, Mr. Forest Marlar, in the required time requesting that this matter.be deferred until the April 4th Planning Commission Agenda-. The Commission then discussed placing this matter on the Consent Agenda for deferral. A motion was made for deferral of the item as requested. The motion passed by a vote of 8 ayes, 0 nays, 3 absent. (Continued) PLANNING STAFF COMMENT AND UPDATE; The Staff has reviewed a revised plan submitted by Mr. Forest Marlar, the Engineer of Record on this project. The revised plat addresses many of the concerns that were set forth in the Engineering and Planning Department comments at the previous meeting. There remain several points for the Planning Commission to resolve, including three variances which have now been added to the agenda and reflected on page 1 of this write-up. Additional concerns offered by the Public Works Department on this project deal with the need to establish Rain Forest Drive as a collector street running off Bowman Road. This collector street is deemed necessary in order to carry the traffic circulation in this area until such time as a fully fleshed out collector system is in place. The Public Works Department feels that since the lots on each side of this street are very shallow that the 60 foot right-of-way normally required could be reduced to 55 feet. The requirement for a 36 foot pavement should still be the standard applied. A second point of concern of the Engineering Department has to do with the collector street, Point West Drive, entering from the north and its potential connection with Banyan Drive exiting the south boundary. It is felt that perhaps one street name could be assigned to this alignment thereby committing the north/south collector at such time as the Winrock properties are developed to the northeast. The last point to be made by the Public Works Department is that they feel the detention requirements cannot be waived by the Planning Commission. They feel that this is a requirement that would be a Board of Directors waiver issue. It is felt that this is a new preliminary plat and should conform to the current ordinance standards. The Planning Staff, in its revicw of the revised preliminary, note'two areas that require some follow-up. One is specific identification of the easement to serve as sewer assess to the Winrock properties. This may be reflected at this time, but is not specifically noted. The last item is one of a street name suffix change on Alder Drive and Alder Place. This should be a single street name and "Drive" should be applied. (Continued) SUBDIVISION COMMITTEE COMMENT: (March 23, 1989) The application was represented by Mr. Forest Marlar, the engineer, and Mr. Roy Rainey, the owner. The Staff presented an update on the revised preliminary plat submittal. Staff pointed out there were a few remaining issues to be resolved. Jerry Gardner of the Public Works Department pointed out several of the issues that remained of concern to his office. These dealt with provision of a 36 foot street pavement in an appropriate right-of-way for Rain Forest Drive running west off Bowman Road. He pointed out that some additional consideration should be given to the reverse curve design at the point of entry of this street from Bowman Road. He indicated the transition was too short. Mr. Gardner also pointed out that inasmuch as the detention requirements are required by an ordinance other than the subdivision regulations, the Planning Commission cannot waive these standards. He indicated that the Board of Directors would have to deal with this matter. A brief discussion followed on these points. The engineer and Mr. Rainey indicated they would follow up on these comments prior to the public hearing on April 4. Richard Wood of the Planning Staff then pointed out the last items in the write-up that required addition work by the plat engineer. This had to deal with the placement of the easement that had been previously discussed to serve the Winrock property and the changing of one of the street names on Alder Drive/Alder Place. PLANNING COMMISSION ACTION: (April 4, 1989) Richard Wood of the Planning Staff offered a brief comment on the staff recommendation and pointed out that the staff generally supports the preliminary plat and the various elements of the proposal except for several variances which have been requested and a couple of items that have been introduced by the Public Works Department. Mr. Jerry Gardner of the City Engineer's staff was asked by Staff to provide input on the several objections they have to the plat proposal. Mr. Gardner outlined the several points of concern as follows, the primary being the street improvements for Rain Forest Drive. He pointed out that this street will, for a number of years, provide the only (Continued)_ access to a significant subdivision. He stated that until some unknown point in the future when Phase IV is developed, there will not be an alternate access to either Bowman Road or to Kanis Road on the north. Mr. Gardner suggested that the City require this street to be constructed to the collector width and require a wider right-of-way for its construction. The second point of concern dealt with two streets, one which enters this plat from the north, another which crosses the plat in its southeastern quadrant. These two streets are titled Banyan Drive and Point West Drive. His concern dealt with the potential for these two collector streets aligning with a common center line at some future time, thereby creating a street name conflict. He felt that this is the time to resolve this issue rather than wait to determine the street alignment when the Winrock Developers develop their properties. He indicated that the intersection of these two streets would occur within the Winrock development which is north and east of this plat. The third concern offered by Mr. Gardner had to deal with the requirement for redesign of the Rain Forest intersection at Bowman Road. He indicated that this had possibly been resolved by the developer agreeing to remove the median in the street and change the design on the reverse curve somewhat. A fourth point raised by Mr. Gardner, which is not a requirement of the Subdivision Ordinance, deals with the provision of retention within the plat boundary for rainfall runoff. He again pointed out, as he had on previous occasions, that this requirement for a waiver or variance will require approval by the Boar,' of Directors. A brief discussion then followed involving several of the Commissioners and Mr. Gardner dealing with the similarity of the collector street issue and other streets in the City such as Shackleford Road, and collector streets within Hillsboro Subdivision. The Commission then asked Mr. Forest Marlar, the engineer of record on this project, for his comments. Mr. Marlar addressed the concerns raised by Mr. Gardner. He indicated that he had designed this preliminary plat with the Master Street Plan in mind and felt like he had met the Master Street Plan standards. He indicated that if the 36 foot collector street is imposed upon this plat, he would like to provide that right-of-way at 50 feet with 5 foot easements on either side rather than a 55 foot right-of-way dedication. He further indicated that straightening of the reverse curve would be accomplished and provision of the larger turning radius. (Continued) Mr. Roy Rainey, the developer, then offered comments concerning the street name and collector street alignment issue. He indicated he wanted to avoid conflict between his plat and the adjacent Point West Addition. He felt that extension of that street name to the interior of his plat may cause conflict. Commissioner Rector then pointed out the need for the temporary collector street as requested by Staff. Mr. Rainey indicated that he felt it would be no problem to provide that street. However, he followed that comment by indicating that the collector street, Point West, should be and could be turned out to Bowman Road inasmuch as that would be the shorter route for connecting a collector street with an arterial. Commissioner Oleson suggested that the name Banyan Drive be left within the plat on preliminary and the issue be addressed for conflict at some future time when the real need could be identified. Several comments by others indicated that this was the time to resolve this issue rather than make a commitment on a preliminary plat. Commissioner Rector then raised questions about the Stormwater Detention Ordinance. A lengthy discussion followed involving Mr. Marlar, the engineer, and Mr. Gardner. The discussion centered on whether this is, in fact, a new preliminary plat or an extension of a previous approval granted in the late 1970's. Mr. Marlar indicated that the existing Point West Addition in its several phases has received waivers of the Detention Ordinance and that those properties were part of this preliminary plat in the original filing. Mr. Gardner indicated that some developers may have been exempt from the requirements but he did not have authority to extend such an exception. He again indicated the City Board had that authority and responsibility. Commissioner Nicholson then asked about the time period for approval of preliminary plats and the effect of that on the Detention Ordinance. Mr. Gardner identified the forming process for phasing of plats and their relation to the requirement for submitting plans for detention. A general discussion then followed broadening the involvement of the discussion to include Mr. Rainey, Mr. Marlar and several Commissioners, the subject matter being the Detention Ordinance primarily. Mr. Rainey closed his remarks on the subject by describing his relationship to the original land holdings, the subsequent history of selling several of the parcels, and a statement that he felt he had (Continued) the same preliminary plat with some minor modifications. Mr. Marlar indicated to the Commission that he had not designed detention into this plat. Mr. Gardner indicated the same. A lengthy discussion then followed involving all of the various parties. The discussion centered primarily on the detention issue and a means for resolving the street name conflict. Several attempts at a motion were made resulting in a motion for approval of the preliminary plat subject to the deferral of the Master Street Plan alignment and name issue until May 16th. The motion included the approval of several variances which would be recommended for approval to the Board of Directors. The motion also included an understanding that the developer had agreed to certain modifications to meet the Public Works Department requirements. Those requirements were specified in a letter dated April 4, 1989 and were five in number: Item 91 dealt with the Rain Forest Drive construction. This was agreed to be 36 feet of pavement in a 50 foot right-of-way with 5 foot parallel easements. Item #2 dealt with the reverse curve which was to be eliminated. Item #3, the Banyan Drive street name conflict was to be deferred to May 16 for resolution. Item #4, the substandard center line radius on Alder Drive would be modified to 150 feet. Item # 5, the Stormwater Detention requirements to be forwarded to the City Board for variance consideration. The motion also included recommendation of approval on two variances initially requested dealing with the ratio of lot depth to width and the provision of pipe stem lots on two lots. A vote was offered on the motion as made. The vote produced 9 ayes, 0 nays, 2 absent. The motion passed. February 21, 1989 SUBDIVISION ITEM NO.: 3 (Continued) it is accomplished as a matter of course on many plats. Mr. Rainey and his engineer offered comments on that subject to the effect that they felt they should be paid for the extension of Winrock's facility onto their property. The Committee agreed with Staff that this was a standard operating item and should be reflected on the plat as an easement, especially in light of the fact that Mr. Rainey's third phase in which the easement is required may not be developed prior to Winrock's need. If that should occur, then Mr. Rainey will no doubt be compensated for the easement and sewer connection. The Committee then questioned Mr. Rainey as to the design of the cul-de-sac and intersecting property lines in the northeast corner of the plat. There is an excessively deep lot running west off Bowman Road that extends into the cul- de-sac at an unusual angle. Mr. Marlar responded by saying that Mr. Rainey was in negotiation with an adjacent property owner to acquire portions of the property lying south and east of the cul-de-sac. The acquisition of that property would allow Mr. Rainey to plat a new configuration, thereby allowing lots with radial lines from that cul-de-sac. A couple of follow-up items for the engineer to work out with the City Engineer's office involved the alignment of Bowman Road and the question as to whether detention will be necessary on this site, especially in light of the fact that the preliminary plat may be ruled as an existing preliminary plat, thereby predating the requirement for detention. PLANNING COMMISSION ACTION: (February 21, 1989) There were no objectors in attendance. The application was not represented. A letter had been submitted by the engineer, Mr. Forest Marlar, in the required time requesting that this matter be deferred until the April 4th Planning Commission Agenda. The Commission then discussed placing this matter on the Consent Agenda for deferral. A motion was made for deferral of the item as requested. The motion passed by a vote of 8 ayes, 0 nays, 3 absent.