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HomeMy WebLinkAbout1960-09-12 Minutes17 Loan t Little League authori ed. Subdiviion Regulator ns Ordinanc passed. A long discussion was had concerning the underwriting of a loan to the'Sherman Lollar Little League, Inc., during gtt�which the City Attorney reported that he was of the opinion that the City should not enter into a contract to underwrite a loan but could borrow the money and then loan to the Sherman Lollar Little League, Inc., directly if they so desired. Alderman McClelland then moved that the Mayor and Cit Clerk be and they are hereby authorized to borrow sufficient money, not to exceed 416,000.00, and make the necessary improvements in the Walker Park to comply with the Walker Contract in order to receive the deed to the property and that the Mayor and City Clerk be further authorized to enter into a contract with the Sherman Lollar Little League, Inc., to operate the Little League Baseball Diamonds at Walker Memorial Park and the Concessions related thereto, and to repay to the City the amount borrowed by the City for such improvements The motion was seconded by Alderman Burgin and upon roll call the following vote was recorded: "Aye" Barnhart, Burgin, Lunsford, McClelland, Hatfield, andlKent:. "Nay" Smith. Abstaining: Walker. There being six "Ayes" and only one "Nay" with one abstaining, the Mayor declared the motion passed. The proposed ordinance on Subdivision Regulations was brought up again for discussion and there being some question as to whether the ordinance was read the second time at the special meeting on Monday, August 29, 1960,, Alderman Burgin moved to place the Ordinance on the second reading. The motibn was seconded by Alderman Barnhart and upon roll call the following vote recorded: "Aye"Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, and Kent. "Nay" Walker. There being seven "Ayes" and only one "Nay", the Mayor declared the motion passed. The ordinance was then read for the second time. After a long discussion, Alderman Smith moved that the rules be suspended and the ordinance placed on its third and final reading. The motion was seconded by Alderman Barnhart and upon roll call the following vote recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, and Kent. Nay" Walker. There being seven "Ayes" and only one "Dlay" the Mayor declared the motion passed. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. was lM There being no further discussion, .the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield and Kent. "Nay" Walker. There being:seven "Ayes" and only one "Nay", the Mayor declared the Ordinance passed, ORDINANCE N0, 1245. Subdivis on AN ORDINANCE REGULATING TFC SUBDIVISION OF LAND IN THE CITY OF FAYETTEVILLE, ARKANSAS, Ordinanc AND ITS AREA OF PLANNING JURISDICTION; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS" FOR SUCH PURPOSES; ESTABLISHING MINIMUM SUB DIVISION DESIGN STANDARDS; PROVIDING MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED I TO BE MADE BY THE SUBDIVIDER; SETTING FORTH THE PROCEDURE TO BE FOLLOVdED BY THE PLANNI COM1.1ISSION IN APPLYING THESE RULES, REGULATIONS AND STANDARDS; AND PRESCRIBING PENALTI FOR THE VIOLATION; AND FOR OTHER PURPOSES, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. GENERAL PROVISIONS A. Purpose The purpose of these regulations is to set forth the procedures, requirements and minimum standards governing the subdivision of land under the jurisdiction of the Fayetteville City Planning Commission (hereinafter referred to as the "Planning Commission"). The City Council of Fayetteville, Arkansas, met in regular session on Monday, Regul r September 12, 1960, at 7:30 P.M. Counc 1 Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Controller Albert J. Jone Meeti g. City Attorney A. D. McAllister Jr., City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen: Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. Absent: None. The minutes of the regular session on Monday, August 22, 1960, and of the special sessions on Monday, August 29, 1960, and Friday, September 9, 1960, respectively, were read and approved. Alderman Kent reported that the Finance Committee had met with Mr. Charles H. Withey,o..' civilthe 'Civil Defense Director for this area, in regard to the Civil Defense Program and Defe se that they recommended the acceptance of the Civil Defense Program under authority Program contained in Ordinance No. 1192. accepted. After a brief discussion, Alderman Kent moved to accept the Civil Defense Program and that the Mayor be and he is hereby authorized and directed to institute appropriate action under authority contained in Ordinance No. 1192 of the Fayetteville, Arkansas, City Ordinances and that cost figures be obtained for the program. The motion was seconded by Alderman Burgin and passed unanimously. Ea.seme t Iter. Hearl Hammond appeared before the Council and requested that the City nullify a nullified ten foot Easement running East-West between Lots 17 and 18 in Fairview Heights Addition Fairview to the City of Fayetteville, Arkansas. Height Mr. Hammond presented a letter from each of the three Utility Companies viz, Gas Co., Additor n. Light Co., and Telephone Co. in which each stated it was agreeable with them to remove (Hearl ammond) this utility easement. The City Engineer reported that it was also agreeable insofar as the water and sewer lines were concerned. After a brief discussion, Alderman Smith moved that the Mayor and City 'Clerk be and the - are hereby authorized to execute a Quitclaim Deed to H. D. Hammond and Ruby A. Hammond, husband and wife, conveying all the rights, title, and interest of the City in and to one certain easement lying East-West between lots 17 and].18 in Fairview Heights Additio' to the City of Fayetteville, Arkansas. The motion was seconded by Alderman Burgin and passed unanimously. Loan t Little League authori ed. Subdiviion Regulator ns Ordinanc passed. A long discussion was had concerning the underwriting of a loan to the'Sherman Lollar Little League, Inc., during gtt�which the City Attorney reported that he was of the opinion that the City should not enter into a contract to underwrite a loan but could borrow the money and then loan to the Sherman Lollar Little League, Inc., directly if they so desired. Alderman McClelland then moved that the Mayor and Cit Clerk be and they are hereby authorized to borrow sufficient money, not to exceed 416,000.00, and make the necessary improvements in the Walker Park to comply with the Walker Contract in order to receive the deed to the property and that the Mayor and City Clerk be further authorized to enter into a contract with the Sherman Lollar Little League, Inc., to operate the Little League Baseball Diamonds at Walker Memorial Park and the Concessions related thereto, and to repay to the City the amount borrowed by the City for such improvements The motion was seconded by Alderman Burgin and upon roll call the following vote was recorded: "Aye" Barnhart, Burgin, Lunsford, McClelland, Hatfield, andlKent:. "Nay" Smith. Abstaining: Walker. There being six "Ayes" and only one "Nay" with one abstaining, the Mayor declared the motion passed. The proposed ordinance on Subdivision Regulations was brought up again for discussion and there being some question as to whether the ordinance was read the second time at the special meeting on Monday, August 29, 1960,, Alderman Burgin moved to place the Ordinance on the second reading. The motibn was seconded by Alderman Barnhart and upon roll call the following vote recorded: "Aye"Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, and Kent. "Nay" Walker. There being seven "Ayes" and only one "Nay", the Mayor declared the motion passed. The ordinance was then read for the second time. After a long discussion, Alderman Smith moved that the rules be suspended and the ordinance placed on its third and final reading. The motion was seconded by Alderman Barnhart and upon roll call the following vote recorded: "Aye" Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, and Kent. Nay" Walker. There being seven "Ayes" and only one "Dlay" the Mayor declared the motion passed. The ordinance was then read for the third and last time. The Mayor then declared the ordinance open for discussion. was lM There being no further discussion, .the Mayor asked the question, "Shall the Ordinance pass"? Upon roll call the following vote was recorded, "Aye" Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield and Kent. "Nay" Walker. There being:seven "Ayes" and only one "Nay", the Mayor declared the Ordinance passed, ORDINANCE N0, 1245. Subdivis on AN ORDINANCE REGULATING TFC SUBDIVISION OF LAND IN THE CITY OF FAYETTEVILLE, ARKANSAS, Ordinanc AND ITS AREA OF PLANNING JURISDICTION; REQUIRING AND REGULATING THE PREPARATION AND PRESENTATION OF PRELIMINARY AND FINAL PLATS" FOR SUCH PURPOSES; ESTABLISHING MINIMUM SUB DIVISION DESIGN STANDARDS; PROVIDING MINIMUM IMPROVEMENTS TO BE MADE OR GUARANTEED I TO BE MADE BY THE SUBDIVIDER; SETTING FORTH THE PROCEDURE TO BE FOLLOVdED BY THE PLANNI COM1.1ISSION IN APPLYING THESE RULES, REGULATIONS AND STANDARDS; AND PRESCRIBING PENALTI FOR THE VIOLATION; AND FOR OTHER PURPOSES, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 1. GENERAL PROVISIONS A. Purpose The purpose of these regulations is to set forth the procedures, requirements and minimum standards governing the subdivision of land under the jurisdiction of the Fayetteville City Planning Commission (hereinafter referred to as the "Planning Commission"). B. Authority These subdivision regulations are adopted in accordance with the authority granted by Act 186 of the 1957 General Assembly of the State of Arkansas. C. Jurisdiction The territorial jurisdiction of these regulations includes the land within the corporate limits of the City of Fayetteville and the surrounding area within five miles of those corporate limits except as designated on the Planning Area Map adopted on October 7, 1958, by the Planning Commission. D. Definitions For the purpose of these regulations, certain terms used herein are defined as follows: 1. Alley --a minor public way used for utility easements and vehicular service access to the back or the side or properties abutting a street. 2. Buil din Set -Back Line --a line parallel to the street right-of-way, indicat- ing Mimi beyondwhich buildings or structures may not be erected. 3. Cul -de -Sac --a street having one end open to the traffic and being terminated at the other end by a vehicular turnaround. 4. Easement --a grant by a property owner to the public, a corporation, or per- sons of the use of a strip of land for specific purposes. 5. Improvements --street grading and surfacing, curbs and gutters, water main and lines, sanitary and storm sewers, culverts and bridges, and other utilities and related items. 6. Lot --a portion of a subdivision, or any parcel of land intended as a unit of transfer of ownership or Cor development. 7. Lot Split --the division of a lot or tract of land for development into from two to four lots, when the lot or tract of land being divided is clearly located on an existing and improved state, county,, or city street or road in or for which public utilities are installed, and where the construction o: any new street or road, the extension of an existing street or road or the installation or extension of public utilities is not involved. 8. Plan, City --the comprehensive plan made and adopted by the Planning Commissi( and accepted by ordinance by the City Council indicating the general locatio) recommended for the various land uses, major streets, parks, public building; zoning districts and other public improvements. 9. Plan, Major Street --a plan for streets made and adopted by the Planning Commission and accepted by the City Council by ordinance classifying cer- tain streets within the planning area ,jurisdiction as thoroughfares or collector streets. 10. Plat --a map or drawing and accompanying material indicating the layout and design of a proposed subdivision or lot -split prepared by a developer for consideration and approval by the Planning Commis§ion. Such plats may be the initial sketch, the preliminary plat or the final plat. 11. Street --a dedicated public right-of-way which provides vehicular and pedes- trian access to adjacent properties. a. Thoroughfares --a street of greater continuity, which serves or is intended to serve as a major traffic way, and is designated, as a limiter - access highway to identify those streets comprising the basic structure -of the street plan. b. Collector Street= -a feeder route which carries vehicles from minor and residential streets to thoroughfares. c. Minor or Residential Street --a not -through neighborhood street within a particular area used mainly for access to properties. 12. Street, Dead End --a street, similar to a cul-de-sac, but providing no turnaround at its closed end. 13. Subdivider --a person, firm or corporation undertaking to develop a sub- division as defined in these regulations. 14. Subdivision --the division or re -subdivision of a lot, tract, or parcel of and within the planning area jurisdiction into two or more lots, or other division of land, for development, which involves the installation of or chanes in utilities and street improvements to serve residential, commercia'. or industrial uses; or the division or subdivision of any tract of band for development even where improvements now exist into more than four (4) lots. II. PROCEDURE FOR SUBDIVISION PLAT APPROVAL' Two steps are involved in approval by the Planning Commission of a new subdivision proposal: (1) preparation and approval of the Preliminary Plat; and (2) preparation and approval of the Final Plat. Procedures to obtain approval of a lot -split pro- posal are also outlined below. (Application Forms for Plat Approvals are availabl in the Offices of the Planning Commission or of the Building Department A. Preliminary Plat i mmission) 1. Submission (See sample plats in Office of Planning Co The subdivider shall submit to the Planning Commission an application for Preliminary Plat Approval in one (1) copy, and a Preliminary Plat, together with pertinent supporting data, in six (6) copies, at least ten (10) days prior to the meeting of the Planning Commission at which consiieration is requested. The Preliminary Plat shall show and include the following information on sheets 18 inches by 23 inches. a. General (1) Name of subdivision (2) Boundary of subdivision and written legal description of property in proposed subdivision with tie-in to known survey marliers such the U. S. Government land survey. (3) Zoning district or districts in vhich subdivision is located. (4) Names and addresses of the owner, developer, and the engineer Location and character of all preparing the plat. public utility lines, be notified including sewers (storm and sanitary), (5) Scale of plat, one (1) inch equals one hundred (100) feet if space permits; otherwise, one (1) inch equals tw) hundred (200) feet. (6) Date, north arrow, and scale. (4) (7) Vicinity map, at a legible scale, on Preliminary Plat, showing the location of all abutting streets and development and such further information on surrounding territory as may be requested by the Planning Commission. b. Existing Conditions (1) Location, width, name and kind of surface of each existing or platted street; railroad, or other public way, and utility ease- ments, parks and other public open spaces, and permanent build- ings, within and adjacent to the proposed subdivision. (2) Location and size of existing sewers, water mains, gas mains, culverts, or other underground installation within the proposed. subdivision and immediately adjacent thereto, when available. (3) Names�of adjacent subdivisions and owners of adjacent parcels of unsubdivided..land. (4) Topography with contour lines at twenty (20) foot intervals, if required by the Planning Commission because of the terrain. (5) Location of bridges, wooded areas, lakes, streams, low areas sub= ject to flooding and related features. c. Proposed Development (1) Names; location, widths and kind. of surface of proposed streets (5) Building set -back lines with dimensions pursuant to the require- ments of the Major Street Plan, Subdivision Regulations and other plans and ordinances that are in effect. (6) Indication of any lots on which use other than residential is pro posed by the subdivider. (7) Bearings in degrees and minutes of all lot, block or street lines which are less than 900 angles. (8) Approximate acreage of proposed subdivision. d. Supporting Data (.1) Attach any pertinent supplementary information or data. 2. Review by Planning Commission a. Approval or Resection Within and roadways and location and width of alleys, sidewalks, curb review by and gutters (if proposed) and utility easements. (2) Location and character of all proposed public utility lines, be notified including sewers (storm and sanitary), whether the water, gas, and power line Plat when available. (3) Layout, numbers and dimensions of lots and the number or letter o each blocloc. (4) Location and size of proposed parks, playgrounds, churches, or school sites or other special uses of land to be considered for dedication to public use, if any. (5) Building set -back lines with dimensions pursuant to the require- ments of the Major Street Plan, Subdivision Regulations and other plans and ordinances that are in effect. (6) Indication of any lots on which use other than residential is pro posed by the subdivider. (7) Bearings in degrees and minutes of all lot, block or street lines which are less than 900 angles. (8) Approximate acreage of proposed subdivision. d. Supporting Data (.1) Attach any pertinent supplementary information or data. 2. Review by Planning Commission a. Approval or Resection Within ten (10 days after review by the Planning Commission, the sub- divider shall be notified in writing whether the Preliminary Plat is approved. In case the Plat is not approved, the reasons for dis- approval shall be given in writing. Failure of the Planning Commissio to act on the Preliminary Plat within sixty (60) days from the date of application submission shall be deemed approval of the Preliminary Plat. Approval of the Preliminary Plat, however, does not constitute acceptance of the subdivision. Rather, it is authorization for the subdivider to proceed with the installation of improvements as specified in Chapter V. Improvements. 5 20 If the subdivider desires to presently develop only a portion of the total area intended for development, the Planning Commission shall re- quire preliminary plat approval for the entire area intended for development to insure that the purpose and intent of these regulations are complied with. b. Approval Period The approval of the Preliminary Plat shall be effective only for a per- iod of one (1) year, and thereafter as long as work is actively pro- gressing on the installation of the required improvements. If the Final Plat has not been submitted for approval within this period, a Prelimi nary Plat must again be submitted to the Planning Commission for approval. t. Final Plat 1. Submission 2. 3 0 5. 6. After approval of the Preliminary Plat, and the installation or the pro- visions made for installation of required improvements as specified in Chapter V, Improvements, the subdivider shall submit to the Planning Commission on pplica on for Final Plat Approval in one (1) copy and a Final Plat for recording purposes, together with certificates and other supporting information. Such submission shall be made at least ten (10) days prior to the klanning Commission meeting at which consideration is requested. Copies of Final Plat One (1) original drawing of white cloth -backed 100% new rag, water resistant vihite drawing paper in India ink, and five (5) enuine blue print copies at a scale of one (1) inch equals one hundred MOT feet, if space permits on sheets 18" x 23"; otherwise one (1) inch equals two hundred (200) feet. Information on Final Plat The Final Plat shall show and contain the following information.* a. Name of subdivision b. Boundaries of subdivisions; its legal description and zoning district in writing in upper right hand corner. c. do e. f. 90 Names and addresses of owner, developer, and surveyor or engineer. Acreage in subdivision tract. Date, north arrow and scale. Location and description of all monuments. Location and names .of all streets, highways, alleys, parks or purpose areas if any and easements with dimensions and proper ing description within the proposed subdivision. Location of all streets, and utility easements, and areas for use, if any, to be dedicated. Building set -back lines with dimensions. Dimensions and number of all lots and the number or letter of within the proposed subdivision. Bearings in d8grees and minutes of all lots, block or street are not at 90 angles. Notice of Plat Covenants. Street curvature characteristics. . public engineer - public all blo lines whi Supporting Data Include on Final Plat: a. Certificate of Ownership and Dedication (as defined in Article VI H) b. Certificate of Accuracy --Engineer. C* Certificate of Approval of Water and Sewer System --State Health Department and/or the City Water Superintendent. d. Certificate of Approval of Streets and Utilities --City Engineer. e. Certificate of Approval of Building Set -Back dimensions --City Building Inspector. f. Certificate of Approval for Recording --Planning Commission. g. Certificate of Plat acceptance --City Council. Any other pertinent information or data. Right of the Planning Commission to have re -survey made If serious discrepancies are found, the Planning Colmnission may require, at the subdivider's expense, a re -survey of the boundaries of the proposed subdivision to determine whether the description is correct. Planning Commission Approval The Planning Commission shall approve or disapprove the Final Plat within thirty (30) days after its submission subject to the requirements set forth in Chapter V -Improvements. If disapproved, the reasons for such action shall be recorded in the minutes of the Planning Commission meeting, and these reasons shall be transmitted to the developer or subdivider in writ- ing. Failure of the Planning Commission to action a Final Plat application v�L thin sixty (60) days from the date of application, submission shall be deemed approval of the plat. If the subdivider desires to develop only a portion of the plat granted preliminary approval, the Planning Commission may grant Final Plat approval just for the area the subdivider desires to develop at that particular time. See Article V, G, Guarantee in Lieu of Installation of Improvements for other Final Plat approval conditions.) i, Upon approval of the final plat by the Planning Commission the Planning Commission shall transmit the plat to the `:ity Council, if the property is located within the city, for its acceptance of the dedication of public streets, parks andzor other public space. 7. Recording the Final Plat Pursuant to Section 5c, Arkansas Planning Law, Act 186 1957, "the county recorder shall not accept any plat for record without the approval of the Planning Commission." Following approval by the Planning Commission, and acceptance by the City Council if the property is located within the city, two (2) copies of the Final Plat shall be filed with the county recorder. III PROCEDURE FOR LOT -SPLIT APPROVAL A. Eligibility for Lot -Split Consideration A lot -split proposal (See Article 1, D, 7) is eligible for consideration as a lot -split if it involves a lot or tract of land which: is located on a dedicated street or thoroughfare. has all essential utility services installed and available, is proposed for division into trio 'and no more than four lots. B. Delegation of Authority to ?Approve Applications Lot -split applications are subJect to the approval of the Fayetteville Planning Commission. However, the Commission may delegate to an agent the authority to determine conformity to the minimum design standards and the improvements required by these regulations (Sections IV and V) and to approve lot -split applications. C. Submission of Plat D. E. F. Developer shall submit to the Planning Commission (or agent) an Application for Lot -Split Approval with an attached Lot -Split Plat in six (6) copies on paper as required for a Final Plat (Article II B 2) setting forth: Identifvinc? Information 1. Name of subdivision, if in a recorded subdivision. 2. Legal description of the total tract under single ownership. 3. Name and address of owner. 4. Acreage of tract. 5. Date, north arrow and scale at one inch equals one hundred (100) feet. Existing Conditions 1. Boundary of total tract (heavy line). 2. Location of existing buildings, within and adjacent to 3. Names, dimensions, surfacing and location of existing easements within and adjacent to the property. 4 Size and location of existing sewer and water lines. 5. Zoning district. Description of Proposed Changes 1. Dimensions of each proposed lot. 2. Legal description of each lot. 3. Dimensions and location of all building 4. Bearings, in degrees and minutes of all angles. 5. Square footage of each lot. 6. Proposed use of land. Approval or Rejection by Agent the property. streets, alleys, and set -back lines. lot or street lines not at 900 If the lot -split application meets the standards and requirements for approval as set forth herein, the agent shall indicate such approval by signature and date on the application for lot -split approval and on the Lot -Split plat. If the agent disapproves the application, the applicant may anpeal the decisions to the Planning Commission. The agent, at his discretion, may refer any lot -split application to the Plannin Commission for review before any action is taken. Ratification or Approval by Planning Commission Approvals granted by the agent shall be submitted to the 'Planning Commission for ratification at the next regular meeting. Applications appealed to the Planning Commission shall be reviewed and approved or rejected within sixty days follow- ing such appeal. Dedication and Recording Procedure Following approval by the Planning Commission, the transmitted to the City Council, if the property is limits, for its acceptance of the dedication of any the original and one (1) copy of the plat shall be Recorder's office. IV MINIMUM DESIGN STANDARDS A:. Conformance with Official Plans Lot -Split plat shall be located within the city public space, after which filed in the County 22 Ordinance No 1: The subdivision plat shall conform to all official plans currently in Y11effect. 2. For a period of six (6) months after submitting an application for approval', of a Preliminary Plat with the Planning Commission, the Planning Commission) may require the subdivider to reserve sites for public use that are indicate within the boundaries of the proposed subdivision which are indicated on an officially adopted plan, to permit the public board, commission or body having jurisdiction or financial responsibility the opportunity to acquire said sites (see also paragraph H of this article). 'B, Blocks 1. Width --blocks shall be wide enough to provide two tiers of lots of minimum depth, except where fronting on a major street or prevented by topographic conditions or the size of,the property, in which case the Planning Commiss may approve a single tier of lots, 2. Length --blocks shall not be less than 400 feet nor more than 1320 feet in length except where the Planning Commission considers it necessary to secure efficient use of the land or a desired street pattern. C. Lots 1. Size --the size and shape of the lots shall not be required to conform to any stipulated pattern but, insofar as practicable, side lot lines should be at right angles to straight street lines or radial to curved street lines. 2. Area --the minimum area for a lot served by a sanitary sewer shall be 7,,000 square feet. However, in the event the subdivision is located in a zoning district in which:the minimum lot area is more than required by these regulations, the zoning minimum shall apply. Where sanitary sewer and/or public water supply are not available, the lots shall be at feast 10,000 sq, ft. in area or of sufficient size to conform to the regulations and specifications of the Arkansas State Board of Health, 3. Width --the lot width at the front property line shall be a minimum of fifty 50 feet if the lot is located on a sanitary sewer. If the lot is to be provided with a septic tank, the minimum width at the front property line shall be seventy-five (75) feet. However, in case the subdivision is located in a zoning district in which the minimum lot width is more than required in these regulations, the zoning minimum shall apply. 4. Oversized lots --when a tract of land is subdivided into larger than normal lots, such to s shall be so arranged as to permit the logical location and opening of future streets and appropriate re -subdivision of the lots, with provision for adequate utility connections for such fe-subdivision. D. Topography and Natural Features The Planning Commission may require a topographic map of the subdivision show- ing all natural features such as drainage ditches, creeks, ponds, trees, etc. E. Grades and Profiles 1. Streets --the subdivider shall provide profile sheets indicating present arra finished grades at center line of right-of-way of all proposed streets, if requested by the Planning Commission. 2. Utilities --profile sheets indicating the grades for storm and sanitary sewers shall be submitted if requested. requested. of 150 3. Cuts and Fills --when cuts and fills are to be made, the subdivider shall present a grade plan, if requested. F. Building Set -Back Lines 1. Front building set -back lines shall not be less than 25 feet from the front property line unless additional building set -back requirements are required in conformance with the zoning ordinance or set -back ordinance, 2. Side building set -back lines on corner lots shall not be less than twenty- five (25) feet from the property line on the street side. However, in case the subdivision is located in a zoning district in it ich.the minimum side building set -back lines are more than required by these regulations, the zoning minimum shall apply, 3, Side building set -back lines on inside lots shall not be less than ten (ao ) feet from the property line, unless additional building set -back reouiremeni are required in conformance with�the zoning ordinance. G. Streets 1. The allocation of rights-of-way for streets shall be in accordance with the Major Street Plan. 2. Street intersections shall be insofar as practicable, at right angles. If streets do not intersect at one common point, there should be a minimum of 150 feet between center line of intersections. 3. The horizontal curvature of streets shall have a minimum value that will permit adequate sight distance at the desired vehicular speed. The s 231 horizontal radii at center line should be a minimum of 300 feet for major streets and 100 feet for minor streets. 6. Cul-de-sac and dead end streets should be avoided except in cases where unusual topographic conditions may make such streets necessary. Where such streets are permitted they shall have a maximum length of 600 feet and shall be provided with a vehicular turn around with a minimum radius of fifty (50) feet. The dedication of right-of-way for all cul-de-sac or dead end streets shall be extended to the boundary of.' adjoining property whenever in the opinion of the Planning Commission it is desirable to provide for future street access to adjoining property. H. Parks and Recreational Areas The Planning Commission may require the dedication of parks, open spaces, or recreational areas when in their judgment the subdivision is of sufficient size that such action would enhance the desirability of the area for resi- dential purposes. The subdivider at his option may provide such areas or may be required to make them available for acquisition by the City under statutory procedure. All such areas shall be maintained at the expense of the City or other body which may involved. I. Suitability of Land Land subject to flooding or topographically unsuitable for residential occupancy and which the Planning Commission considers inappropriate for sub- division shall not be platted for that use or any other use that may increase danger to health, life or property, or aggravate erosion or flood. hazard. If such land is in the proposed plat, this land shall be set aside for such uses as will not be affected by periodic flooding or unsuitable topographic con- ditions, unless adequate corrective methods are formulated by the developer and approved by the Planning Commission. J. Utility Easements 1. Except where alleys are permitted for the purpose, the Planning Commission may require easements not less than ten (10) feet and not more than fiftee (15) feet in width for poles, conduits, storm and sanitary sewers, gas and water lines, along the rear lot lines and along side lot lines where necessary; in case of common rear lot lines, easements not less than five (5) feet in width shall be provided along each rear lot line. If in the opinion of the Planning Commission it is necessary, easements may be required of the same or greater width across lots for the extension of existing or proposed utilities. 2. No building, structure or improvements may be erected over or in an ease- ment. 3. The various utility firms shall be consulted pertaining to suitable location of all utility easements. V. IMPROVEMENTS Before Final Plat approval may be granted by the Planning Commission, the sub- divider shall have installed or shall have made provision to install, either -at his expense or in accordance with the existing policy of the City, the following improvements, all of which must have prior approval by the Planning Commission (see G. below). A. Water Supply Where an approved public water supply for domestic and fire protection uses is available or reasonably accessible or procurable, connections should be made with such water supply. Pending the availability of a public water supply, the subdivider shall construct wells or a water supply system in such a manner that an adequate supply of potable water is available to every lot within the subdivision. The water supply furnished shall have plans and specifications prepared by a licensed registered engineer and approved by the State Board of Health. r B. Sewage Disposal 1. When a subdivision is located within a reasonable distance of public sewers or where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved and topography 4. Street grades shall be determined according to the prevailing terrain. Sufficient grade shall be provided to insure drainage and a maximum value conducive to the safe operation of heavy vehicles. No: -street should have a finished grade of less than one-half of one per cent. The maximum grade on thoroughfares should not exceed five per cent. The m_aximurn grade on minor streets should not exceed ten per cent. 5. Streets and alleys shall -have minimum rights-of-way and surfaced widths as required by the Major Street Plan as follows or as the requirements of the Major Street Plan may be amended from time to time: R/W R/W Surfaced (Inside City) (Outside City) Width Thoroughfares 64' 120' 4B' Collector A 70' 70' 40' Collector B 60' 70' 40t Iti4inor or Resi- dential 50' 50' 1261 Alleys 15' 15' 121 6. Cul-de-sac and dead end streets should be avoided except in cases where unusual topographic conditions may make such streets necessary. Where such streets are permitted they shall have a maximum length of 600 feet and shall be provided with a vehicular turn around with a minimum radius of fifty (50) feet. The dedication of right-of-way for all cul-de-sac or dead end streets shall be extended to the boundary of.' adjoining property whenever in the opinion of the Planning Commission it is desirable to provide for future street access to adjoining property. H. Parks and Recreational Areas The Planning Commission may require the dedication of parks, open spaces, or recreational areas when in their judgment the subdivision is of sufficient size that such action would enhance the desirability of the area for resi- dential purposes. The subdivider at his option may provide such areas or may be required to make them available for acquisition by the City under statutory procedure. All such areas shall be maintained at the expense of the City or other body which may involved. I. Suitability of Land Land subject to flooding or topographically unsuitable for residential occupancy and which the Planning Commission considers inappropriate for sub- division shall not be platted for that use or any other use that may increase danger to health, life or property, or aggravate erosion or flood. hazard. If such land is in the proposed plat, this land shall be set aside for such uses as will not be affected by periodic flooding or unsuitable topographic con- ditions, unless adequate corrective methods are formulated by the developer and approved by the Planning Commission. J. Utility Easements 1. Except where alleys are permitted for the purpose, the Planning Commission may require easements not less than ten (10) feet and not more than fiftee (15) feet in width for poles, conduits, storm and sanitary sewers, gas and water lines, along the rear lot lines and along side lot lines where necessary; in case of common rear lot lines, easements not less than five (5) feet in width shall be provided along each rear lot line. If in the opinion of the Planning Commission it is necessary, easements may be required of the same or greater width across lots for the extension of existing or proposed utilities. 2. No building, structure or improvements may be erected over or in an ease- ment. 3. The various utility firms shall be consulted pertaining to suitable location of all utility easements. V. IMPROVEMENTS Before Final Plat approval may be granted by the Planning Commission, the sub- divider shall have installed or shall have made provision to install, either -at his expense or in accordance with the existing policy of the City, the following improvements, all of which must have prior approval by the Planning Commission (see G. below). A. Water Supply Where an approved public water supply for domestic and fire protection uses is available or reasonably accessible or procurable, connections should be made with such water supply. Pending the availability of a public water supply, the subdivider shall construct wells or a water supply system in such a manner that an adequate supply of potable water is available to every lot within the subdivision. The water supply furnished shall have plans and specifications prepared by a licensed registered engineer and approved by the State Board of Health. r B. Sewage Disposal 1. When a subdivision is located within a reasonable distance of public sewers or where plans for the installation of sanitary sewers in the vicinity of the subdivision have been prepared and approved and topography M permits connection thereto, sewers shall be installed in conformity with plans and specifications prepared by a licensed -engineer and approved by the City Engineer. 2. When the subdivision cannot be served by sanitary sewers, septic tank disposal shall be provided each lot having a minimum area of 10,000 square feet, in accordance with plans and specifications prepared by a registered engineer and approved by the Arkansas State .Board of Health. C. Storm Drainage a dust free An adequate drainage system shall be provided for the proper drainage of all surface water. Where initial construction does not provide for storm sewers, drainage ditches of adequate capacity shall be constructed. Cross drains shall be provided to accommodate all natural water flow and shall be of sufficient length to permit full width roadways and the required natural slopes. The opening size of cross drains shall be determined by the City Engineer using accepted methods and records available. D. Curb and Gutter Permanent concrete curbs with integral concrete gutters or standard rolled concrete curb and gutters shall be installed by the developer at his expense in accordance with specifications and practices established by the City Council or its agent, except that the above requirements may be waived by the Planning Commission, if concurred in by the City Engineer, 4. 1. A subdivision is proposed for single family homes and is located in an area where the minimum lot width requirement for single family homes is no more than fifty (50) feet, or no more than seventy-five (75) feet if a septic tank is used. 2. The subdivider encounters unreasonable difficulties by -reason of exceptiona: topography or other conditions rendering a curb and gutter installation impractical:.or unreasonably difficult; provided that such waiving of the curb and gutter requirement may be granted without substantial detriment to the public good and without substantially impairing the intent and pur- pose of these regulations. E. Street Grading and Surfacing Streets shall be constructed with a dust free hard surface in accordance with the minimum standards established by the City Council or by its agent. F. Monuments Concrete monuments four (4) inches in diameter or four (4) inches square and thirty (30) inches long with one-half (2) inch metal reinforcing rod the length of the monument shall be placed with top flush to the ground at all quarter section points within or on the perimeter of the subdivision. Metal rods 30 inches in length and z inch in diameter shall be placed at each corner of every block or portion of a block, at each angle point at the boundary of the sub- division, at points of tangency and of curvature on street lines and at all lot corners. The location and description of all monuments and metal rods shall be shown on the Final Plat. G. Guarantees in Lieu of Installation of Improvements The Planning Commission may approve the Final Plat (see also Article II B, 6) of a subdivision prior to the installation of all the required improvements if the subdivider: 1. Deposits cash or a performance bond Such deposits of cash or a performance bond with the City shall be in an amount equal to the estimated cost of the improvements as determined by the City Engineer or other city official for the entire subdivision or portion thereof. Upon satisfactory completion of the improvements, the subdivider may withdraw any deposits made. 2. Enters into an Agreement or Contract with the City If the subdivider chooses to begin his construction program or to sell lots within the subdivision prior to the installation of the required improve- ments, he may enter into a written agreement with the City which shall include but shall not be limited to the following conditions: a. The Final Plat is otherwise approvable by the Planning Commission. b. The required improvements shall be installed, if all the improvements have not been provided, within nine (9) months of the date when the building permit or permits are issued. 3. Provides other Assurances pertaining to Site Improvements If the Planning Commission determines that the interests of the city and the public are otherwise sufficiently protected,rthe requirements set forth in items "1" and "2" above may be waived by the Planning Commission. ADMINISTRATION A. Variances Whenever the tract to be subdivided is of such unusual size, shape or topo- graphy or surrounded by such development or conditions that the provisions of 25 Ordinance No. 1245 these regulations shall result in substantial hardship in the subdivider, the Planning Commission may vary or modify such requirements to the end that the subdivision may be developed consistent with public welfare and safety. B. Appeal In the event the plat as submitted by the applicant is disapproved by the Planning Commission the applidant may petition the City Council for a review a of the plat vote,rMa°yN.s1hstain the disapproval of the Planning Commission, or refer the plat back to the Planning Commission for restudy and for such action as may be consistent with the requirements of these regulations. C. Severability If any section, paragraph, clause, phrase or part of these subdivision regu- lations is for any reason invalid, such decision shall not affect the validity of the remaining provisions of these regulations and the application of those provisions to any persons or circumstances shall not be affected thereby. D. Enforcement In order to carry out the purposes of these regulations and to assure an orderly program of land development after the effective date of these regu- lations: 1. No plat of any tract of land within the planning area jurisdiction of the Fayetteville Planning Commission shall be accepted by the County Recorder for filing of record unless the plat has been approved by the Planning Commission. 2. No conveyance by metes and bounds of tracts or lots coming under the definition of lot -splits or subdivision without compliance with the .applicable provisions of this ordinance or amendments thereto shall be permitted. This provision is aimed at preventing an attempt to circumvent these regulations by conveying by metes and bounds without taking the necessary steps for filing an approved plat. 3. No dedication of streets shall by itself be accepted by the City unless the usage of the adjoining affected land is shown; if the purpose of opening the street is to make the affected land available for sale as a lot -split or subdivision the street rtay not be accepted until accompanied by the required plat. E. Penalty Any person, firm or corporation which violates any provision of these regu- _lations or amendments thereto shall be guilty of a misdemeanor and on con- viction shall be fined not less than twenty five dollars ($25.00). Each day that any violation of these regulations is in effect shall constitute a sepa- rate offense and be subject to additional fines of fifteen dollars ($15.Q0) per day. F. Amendments On any proposed amendments to these regulations, the Planning Commission shall hold a public hearing, for which fifteen (15) days advance notice'in a local newspaper of general distribution has been published. Following such hearing the City Council may adopt the amendment or amendments as recommended by the Planning Commission or as determined by a majority vote of the City Council. G. Fees For each Preliminary Plat submitted, the fee shall be ten dollars ($10:.00) plus fiftycents (50¢x) for each lot, the maximum fee not to exceed fifteen dollars (15.00). For each Final Plat submitted, the fee shall be five dollar ($5.00) plus twenty five cents (25¢) for each lot, the maximum fee not to exceed eight dollars ($8.00). For each Lot -Split Plat submitted, the fee shall be five dollars ($5.00). H. Certificate of Ownership and Dedication 1. The subdivider shall submit for approval of the Planning Commission a certificate of ownership and dedication, vh ich shall include but is not limited to the following provisions: a. Dedication of all streets and alleys, parks, and other lands for public use. b. Establishment of easements. C, A provision that the platting as filed for record cannot be changed unless vacated. 2. The subdivider shall be required to file with the County Recorder the Certificate of Ownership and dedication'as approved by the Planning Commission at the same time the plat is filed of record. PASSED AND APPROVED THIS 12th day of September, 1960 ATTEST: APPROVED: w RESOLUTION 13-60 A RESOLUTION FINDING THAT IT IS TO THE BEST 13-601u ion INTEREST OF THE CITY OF FAYETTEVILLE, ARKANSAS, THAT DRAINAGE IN A PORTION OF THE CrmY BE IMPROVED, WHEREAS, Arkansas Western Gas Company, among others, owns land in a block of the City of Fayetteville bounded by East Maple Street on the North, East Lafayette Street on the South, Mission Boulevard on the West and Tanglewood Drive on the East, and WHEREAS, a stream draining approximately eighty acres crosses the aforesaid block and has from time to time during the past caused flooding in this area after heavy rains, said flooding being aided and abetted by the clogged condition of the natural stream, and WHEREAS, the City Council of the City of Fayetteville, Arkansas, for the protection and for the health and welfare of its citizens deems it advisable .that an improved drainage system from the said aforedescribed block be provided,. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Arkansas Western Gas Company is requested, authorized and directed to construct a tunnel 8 feet wide and 4 feet high under its property in said lands for the handling and disposal of surplus water normally travelling in the aforesaid creek as shown on the attached plat marked Exhibit "A". Section 2. The health, welfare and property of the citizens.of the City of Fayetteville, Arkansas, require that an improved dPainage system be installed as soon as possible and that, therefore, an emergency is hereby found and declared to exist and this resolution being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from the date of its passage and approval. Passed September 1$,1960. ATTEST: APPROVED: There being no further business, Alderman Smith moved to adjourn. The motion was seconded by Alderman Lunsford and passed unanimously whereupon the Mayor declared the meeting adjourned. ATTEST: APPROVED: Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, September Meeting. 26, 1960s at 7:30 P.M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Attorney A. D. McAllister, City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen:'Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. Absent: City Controller Albert J. Jones. The minutes of the regular meeting on Monday, September 12, 1960, were read and approved Petition to The City Clerk read a petition signed by several residents on Willow Avenue requesting close that Willow Avenue be closed to through traffic between Lafayette Street and Sutton WillowlAve. Street between the hours of 1200 o'clock noon and 1:00 o'clock P.M. during school days. between After a lengthy diseubsion, this was referred to the Street Committee. Lafayette & Sutton. Alderman Kent read a letter from the Firemen's Pension & Relief Fund Board of Trustees in which they requested that z mill tax be appropriated for the year. of 1961 as was Letter from done in 1960. Firemen's Pensiol and Relief Fund Board of Trustees. Mr. Arnold Christie, representing the Arkansas Western Gas Company, appeared before Gas Co the Council with a proposed resolution � which would give the Gas Company the author zed authority to construct a drainage tunnel on their property near their present ware- to house. construct After a lengthy discussion, the City Attorney read the proposed resolution in.its culvert entirety. Alderman Smith moved the resolution be adopted. The motion was sedonded by Resolution by Alderman Lunsford and -passed unanimously, whereupon the Mayor declared the 13-6 resolution adopted. Alderman Lunsford then moved to adopt the emergency clause. The motion was seconded by Alderman Smith and passed unanimously, whereupon the Mayor declared the emergency :,clause adopted. RESOLUTION 13-60 A RESOLUTION FINDING THAT IT IS TO THE BEST 13-601u ion INTEREST OF THE CITY OF FAYETTEVILLE, ARKANSAS, THAT DRAINAGE IN A PORTION OF THE CrmY BE IMPROVED, WHEREAS, Arkansas Western Gas Company, among others, owns land in a block of the City of Fayetteville bounded by East Maple Street on the North, East Lafayette Street on the South, Mission Boulevard on the West and Tanglewood Drive on the East, and WHEREAS, a stream draining approximately eighty acres crosses the aforesaid block and has from time to time during the past caused flooding in this area after heavy rains, said flooding being aided and abetted by the clogged condition of the natural stream, and WHEREAS, the City Council of the City of Fayetteville, Arkansas, for the protection and for the health and welfare of its citizens deems it advisable .that an improved drainage system from the said aforedescribed block be provided,. NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. The Arkansas Western Gas Company is requested, authorized and directed to construct a tunnel 8 feet wide and 4 feet high under its property in said lands for the handling and disposal of surplus water normally travelling in the aforesaid creek as shown on the attached plat marked Exhibit "A". Section 2. The health, welfare and property of the citizens.of the City of Fayetteville, Arkansas, require that an improved dPainage system be installed as soon as possible and that, therefore, an emergency is hereby found and declared to exist and this resolution being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from the date of its passage and approval. Passed September 1$,1960. ATTEST: APPROVED: There being no further business, Alderman Smith moved to adjourn. The motion was seconded by Alderman Lunsford and passed unanimously whereupon the Mayor declared the meeting adjourned. ATTEST: APPROVED: Regular The City Council of Fayetteville, Arkansas, met in regular session on Monday, September Meeting. 26, 1960s at 7:30 P.M. Present: Mayor Guy E. Brown, City Clerk George J. Davis, City Attorney A. D. McAllister, City Engineer W. C. Smith, Chief of Police Pearl Watts, Fire Chief Burl Skelton, and Aldermen:'Barnhart, Smith, Burgin, Lunsford, McClelland, Hatfield, Kent, and Walker. Absent: City Controller Albert J. Jones. The minutes of the regular meeting on Monday, September 12, 1960, were read and approved Petition to The City Clerk read a petition signed by several residents on Willow Avenue requesting close that Willow Avenue be closed to through traffic between Lafayette Street and Sutton WillowlAve. Street between the hours of 1200 o'clock noon and 1:00 o'clock P.M. during school days. between After a lengthy diseubsion, this was referred to the Street Committee. Lafayette & Sutton. Alderman Kent read a letter from the Firemen's Pension & Relief Fund Board of Trustees in which they requested that z mill tax be appropriated for the year. of 1961 as was Letter from done in 1960. Firemen's Pensiol and Relief Fund Board of Trustees.