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HomeMy WebLinkAbout1962-02-16 Minutes• 031 MINUTES OF FAYETTEVILLE CITY PLANNING COMMISSION The City Planning Commission of Fayetteville, Arkansas, met in a special meeting on Friday, February 16, 1962, at 4:00 p.m. in the City Council Room in the City Administra- tion Building. Present: Mr. Palmer, Miss Lighton, hs. Caudle, Mr. Stubblefield, Mr. Dalton, Mr. Walker) and one visitor, Mrs. Whitcomb. Absent: Mr. Shreve, Mr. Young and Mr. McClinton. The Chairman reported that the purpose of the meeting was to hold a public hearing to consider amending Zoning Ordinance No. 1239 and Subdivision Ordinance No. 1245, The Chairman declared that the proposed amendments to Zoning Ordinance No. 1239 would be considered at this time. The first amendment was a proposal to change the procedure requirements for the City Council and the City Planning Commission to initiate amendments to the zoning ordinance. No one appearing for or against the proposal, Bir. Walker moved that the Planning Commission recommend to the City Council that Zoning Ordinance No. 1239 be amended to read as follows: Article 1X AMENDMENT 3. Amendment Procedures for the Planning Commission. When members of the City Planning Commission desire to initiate an amendment to the Zoning Ordinances of the City of Fayetteville, Arkansas, the procedure will be the passage of a resolution by a majority vote of a quorum of the Planning Commission detailing the proposed amend- ment. Said resolution shall be filed with the Clerk of the City of Fayetteville, Arkansas, and a public hearing shall be called by the Planning Commission,and the • City Council shall act in accordance with the procedures set forth in 1-d and 1 - above. Mr. Caudle seconded the motion, and the motion passed unanimously. The second amendment was a proposal to reduce the size of signs required by the zoning ordinance on appeals for rezoning property in the City of Fayetteville, Arkansas, and on appeals to the Board of Adjustment for variances from the City Zoning requirements. No one appearing for or against the proposal, Mr. Caudle moved that the Planning Commission recommend to the City Council that Zoning Ordinance No. 1239 be amended to reduce the size of signs used for appeals for rezoning pro- perty and appeals from variances to 12 inches by 12 inches or larger; the size of the signs to be used being left to the discretion of the City Building Inspector. The motion was seconded by Mr: Dalton and after discussion was passed unanimously. The Chairman announced that action would be deferred on the proposal to permit the erection of public schools without appealing to the Board of Adjustment, as this problem will be considered at a later date along with churches and other assembly buildings. The Chairman declared that the proposed amendments to the Subdivision Ordinance would be considered at this time. No one appearing for or against the proposal, Miss Lighton moved that the Planning Commission recommend to the City Council that the Subdivision Ordinance No. 1245 be amended in accordance with the detailed proposal attached to and made a part of these minutes. The motion was seconded by Mr. Stubble- field and passed unanimously. The Chairman said that there had been suggested another possible change in the Sub- • division Ordinance regarding turn-arounds. The Chairmants attention had been called to the fact that the 100 -foot turn-arounds required by the Subdivision Ordinance were very large. The Chairman said he would recommend that the size of the turn- 9M Minutes of February 16, 1962 iarounds be reduced to 70 feet and that the setback of the residences erected on the lots which help to make the turn -around be considered from the property line and not the turn—around line. There was a question how this would affect the plats already filed. The Planning Commission members wondered if the Subdivision Ordinance could be worded so that the City Clerk could rake the necessary changes to reduce the size of turn—arounds on filed plats. The Chairman referred the wording of the amendment to Miss Lighton andhhe City Attorney. hr. Dalton moved that the Planning Commission include in the Subdivision Ordinance amendments the amendment to reduce the size of turn—arounds, alter setbacks of the involved residences and to give authority to the City Clerk to rake the necessary changes on filed plats to reduce the size of the turn—arounds. The motion was seconded by Mr. Walker and passed unanimously. The Chairman reported that the purpose of the public hearing having been accomplished, the public hearing was adjourned. The Chairman declared the Planning Commission in executive session. Mr. Lieberenz presented Mr. Brophy's preliminary plat to the Planning Commission. Mr. Caudle moved that the Planning Commission give the Subdivision Committee the authority to check the plat and act on behalf of the Planning Commission and accept the preliminary plat provided that the plat meets the Subdivision Ordinance require— ments or a compromise can be made. The motion was seconded by Mr. Stubblefield and passed unanimously. Mr. Palmer reported that he would work and meet with the Sub— division Committee in the absence of Mr. McClinton. The meeting was adjourned. • APPROVED: pp DATE: W%Clii,r,A & /9<n;;L� 149 0 Ir PROPOS D AMENDMENTS TO ORDINANCE N0. 1245 --/ SUBDIVISION REGULATIONS vo� 1. Eliminate from S hn-I D-7 Lot -Split definition. 3-16- (oma J�2. Amend definition of SUBDIVISION (I D-14) to read: SUBDIVISION --any division of unplatted land or any resubdivision of platted land within the planning area ,jurisdiction when any or all the following is involved: (1) Sale, whether immediate or future; (2) The construction of new buildings (dwellings or business structures); (3) The dedication of a new street, or the extension of an existing street, by the property owner, when done in conjunction with either sale or new construction referred to above. However, the following exceptions are to be noted: I yy,� (1) A division of lard principally for agricultural purposes into gnore than two new lots or parcels and not involving a new street Aall not be deemed a subdivision (the remainder of the original tract shall not be counted in the total "new lots or parcels"). (2) The creation of $t&or more new lots out of an existing parcel when such lots will not interfere with the future subdivision of the original parcel and/or the future subdivision of the surrounding land shall not be deemed a subdivision. 3. Thar c NINISTRATION--A—Variances, be amended to add the following to 1 par�agrap A --Variances: "Agricultural purposes" referred to in the definition of SUBDIVISION means the use of a major portion of the tract for horticulture, nurseries, orchards, forests and forestries, apiaries, field crops, breeding or raising livestock or poultry, riding stables or other similar activities. The question of whether or not the creation of one new lot out of an existing parcel interferes with the future subdivision of the original parcel and/or the future subdivision of the surrounding land (as set out in the definition of a subdivision) shall be determined by the Building Inspector; if more than one lot is involved this determination shall be by the Planning Commission. `/4• That R� c1� I D, DEFINITIONS, be amended to add: PARCEL --an area under one ownership �> `�5• That in keeping with the elimination of LOT-SPLITAfrom the regulations all references to it will be deleted throughout the Ordinance; that also throughout the Ordinance the reference to MAJOR STREET PLAN will be changed to read SET- BACK ORaDINANCE, G) 6. That 1I—A, Preliminary Plat --b— (3), be amended to read: (3) Names of adjacent subdivisions and owners of adjacent parcels of unsub- divided land, and evidence that adjoining property owners have had an opportunity to see the proposed plat. I� qrr ��✓ 7. That 7esz3An II—A, Preliminary Plat -2, Review by Planning Commission- Ute' amended by adding to the second paragraph thereof the following: . . , and a final plat shall be required only for the portion of the total area intended for present development with additional Final Plat or Plats to • be required for other portions or the rest of the area as developed. However, upon the approval of the Preliminary Plat, and pending approval of the Final Plat even for the areas being presently developed, the Planning Commission may authorize the issuance of building permits for such lots (to be determined by the Planning Commission) shown on the approved Preliminary Plat which are located on existing streets, provided such streets meet the minimum street requirements of the City or provided the subdivLd&M will dedi- cate his share of the land to meet the required street width�Ant rovided the subdivider will give written assurance to the Planning Commissi that he will proceed with due diligence with the submission of his Final Plat (see Section II --B--6). ✓8. That See -&&e II --B--2, Copies of Final Plat, be amended to read: One (1) original drawing on white cloth -backed 100% new rag, water resistant, white drawing paper in India ink and five (5) Ozilid print copies at a scale of one (1) inch equalling one hundred (100) feet, if space permits on sheets 18" x 23"; otherwise one (1) inch equalling two hundred (200) feet. VV/ 9. 9eeet e II--B-3--i, be amended to read: i. Front building set -back lines with dimensions. X k �0. See n II --B-6, be amended to add at the end of the second paragraph thereof the phrase "(and see pn II—A-2-a)" mil. That II—B-7, Recording the Final Plat, be amended to read: Pursuant to Section 5c, Arkansas Planning Law, Act 186 of 1957, "the County Recorder shall not accept any plat for record without the approval of the Planning Commission." Following approval of the Planning Commission (and acceptance by the City Council if the property is located within the City)_, two (2) copies of the Final Plat also shall be filed with the County Recorder by the City Clerk at the subdivider's expense., n P V'12. In accordance with the deletion of LOT -SPLIT that III be repealed in its entirety. (Section 1V—C-5—change street width ? ?) (ter Q 13. That Esti-G-2 and 3, be amended to read: 2. Enters Into 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 improvements other than as heretofore provided in Section II—A-2—a, 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 ins a ed,i�j+ 11 the improvements have not been provided within the peri & fixed tie contract. The terms of any such conditional Final Plat approval shall be noted on go the Final Plat by the Planning Commission before the plat is filed for record; and when the conditions have been met, this fact shall be -2- Li noted by the City Clerk on the original recorded plat with his notation to be attested by the County Recorder 3. Provides Other Assurances Pertaining to Site Improvements That this aragraph be repealed. 14. That io +8 --be amended by repealing the last paragraph providing the fee ft for filing a Lot -Split plat. 15. Sha£ ir-f—H—l—c—be amended by repealing said Item c. -3-