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HomeMy WebLinkAbout1974-05-28 MinutesMINUTES OF A PLANNING COMMISSION MEETING The Fayetteville Planning Commission met at 4:00 P.M., Tuesday, May 28, 1974, in the DirectorsiRoom, City Administration Building, Fayetteville, AR MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: John Maguire, John Power, Ernest Jacks, Chairman Morton Gitelman, Helen Edmiston, Al Hughes Rita McRee, Ernest Lancaster, Donald Nickell Planning Consultant' Larry Wood, David McWethy, City Manager Donald Grimes, Planning Administrator Bobbie Jones, Tom Hodges, Mayor Russell Purdy, Jim Lindsey. Chairman Morton Gitelman called the meeting to order. The Minutes of the Planning Commission meeting of April 23, 1974 were approved as distributed. MINUTES A request for a use unit interpretation and conditional use request to put a "bait shop" on property on 16 East was submitted by Mrs. Homer Copeland. Ernest Jacks said that on February 26, 1974, the Commission placed bait shops in Use Unit 16. Larry Wood said he could see a bait shop as an accessory use to a boat dock but would hesitate to consider a bait shop in A-1 otherwise. He said he would rather see a bait shop a use by right in C-2 and allowed as an accessory to a boat dock in Use Unit 20. Al Hughes moved the matter be tabled until the Commission can get more information. John Power seconded the motion which was approved unanimously. Chairman Gitelman instructed the Planning Office to write a letter to Mrs. Copeland telling her it will be taken up at the next meeting and asking,that"'they attend at that time. USE UNIT INTERP. Conditional use request "Bait Shop" Plat Multi -Properties, Incorporated had submitted an amended Preliminary/ SEQUOYAH WOODS of Sequoyah Woods, a subdivision to be located South of Highway 45 Amended Pre. Plat East and West of Joe Fred Starr Road. Ernest Jacks reported for the Subdivision Committee that street lighting and sidewalks need to meet City ordinances and that some street lights and sidewalks are not shown. He asked if this is to be done in phases. There should be some indication if it is to be. There was also a question of whether Whippoan.311 Lane should be designated a collector due to the number of streets which empty into it. Tom Hodges was present to represent the developer. He said that as far as street lights and sidewalks are concerned, they do intend to comply with all regulations, but would be developing this in phases and someone had failed to indicate that. He added that when they brought this in, they did not have an outlet on Highway 45. At that time, they had'°been asked about the possibility of getting Whippoorwillthrough to Highway 45. It'.was not mentioned that it should be a collector street at that time. We felt that we were complying with the City's request to get one acre that we can't use simply to get a street to Highway 45. He said he didn't feel that needs to be a collector, as they are only talking about 80 acres of property and also that the street has been approved as a local street. Ernest Jacks said the Planning Commission apparently approved a waiver on the sidewalks on the cul'de saes ih exchange for the developer improving Joe Fred Starr Road when the preliminary plat was approved before. This has never been to the Board of Directors. "You.. do not intend sidewalks on the cul de sacs?" Ernest Jacks said. Mr. Hodges said they had a trade-off. We agreed that we should do something to Joe Fred Starr Road; that it was going to be our main entrance. He added that they had agreed to widen and construct Joe Fred Starr Road from our entrance to Highway 45. He said that shortly thereafter they were informed that the Planning Commission did not have the authority to vary the sidewalk requirements; and that without going to the Board of Directors A Planning Commission Meeting -2- May 28, 1974 they would have to build the sidewalks. Several things have transpired since then: 1. Not enough right-of-way to make it a standard residential street. There are • power easements on both sides of it that cannot be violated. 2. We now have a good entrance that we can construct, and Joe Fred Starr Road will not be used substantially by this development. He said they now assumed they would go ahead and build sidewalks and forget about Joe Fred Stahr Road where they could. He admitted that the City does have the authority to require them to put up a bond or do something toward improving Joe Fred Starr Road toward half of the improve- ments where the road is adjacent to their property. He said they do not intend to improve Joe Fred Starr Road from their property line North to Highway 45, and added that none of their lots would have access to Joe Fred Starr Road. Ernest Jacks said Joe Fred Starr Road has apparently been considerably torn up by construction. Mr. Hodges said they would see that the road is put back in as good or better condition than it was. He said the developer wants to go ahead and build sidewalks but do nothing to Joe Fred Starr Road. Chairman Gitelman asked that they correct the spelling of "Sioux Drive." Jacks moved that they approve this contingent upon them showing street lights and sidewalks to meet City ordinances throughout the subdivision, and their putting Joe Fred Starr Road back in the condition it was in before they began work on the site. Bobbie Jones requested clairification on the right-of-way of Joe Fred Starr Road. The plat shows 22 feet from the centerline. The subdivision ordinance requires 50 feet for a minor City street and 60 feet for a minor County road. SWEPCO does have a prior utility easement 50 feet wide measured from the centerline of Joe Fred Starr Road. She said she remembered that in Plat Review a representative of SWEPCO had said they did not oppose the use of any of this easement for street right-of-way purposes so long as they did not have to move their poles. She added that she did not know whether that individual had the authority to make such a statement. She said that apparently the • West side of Joe Fred Starr Road is the City Limits. Mr. Hodges said if it could be cleared up what they have to do, they will do it because it is an easement anyway:. City Manager Donald Grimes said he is.still concerned about Joe Fred Starr Road.. I£ this -development backs up to it and the people across the street back up to the street, the:road will never be improved. John Maguire said he did not see how to keep traffic from Tract C off Joe Fred Starr Road. Hodges said they have decided to take Tract C and convert it into a park and have 4 lots fronting the street as it really is not suitable for building. Grimes said if we don't at least require a bond for one half of this, he did not feel there would be any development, where 12.they don't own both sides of the street, they will be willing to develop the whole width of the street if they can back up on it and get out of -it. He was concerned about setting a precedent on this subdivision. John Maguire said Joe Fred Starr Road does serve quite a lot of property and agreed the Commission was setting a precedent. Chairman Gitelman said his contention is that whatever benefit this development gets from Joe Fred Starr Road, he ought to pay for improving it but if he doesn't get any benefit why should he pay for improving it. Mr. Grimes suggested having them to post a bond to pay for i (one-half) of the cost from Cherokee Drive blacktop to Highway 45 and apply that to getting good County stan- dards. Chairman Gitelman suggested requiring a bond for (one-half) of the cost of improving Joe Fred Starr Road from Cherokee to their North property line. Mayor Purdy said it seems like a minimal requirement. Ernest Jacks amended his motion to approve the revised preliminary plat of Sequoyah Woods, with the following contingences: 1) street lighting and sidewalks throughout the subdivision to meet City ordinances; 2) Joe Fred Starr Road be put back in the condition it was in before they began work on the site; 3) 30 feet of right-of-way from the centerline of Joe Fred Starr Road be provided; • • Planning Commission Meeting —3— May 28, 1974 and 4) the developer contribute an amount equal to of the cost of developing the street from Cherokee Drive to their North property line to be worked out with the City and County as to when and where the contribution would be used to meet City standards. Hodges said he would like for that to be set up so the money would be used immediately to improve that road. Al Hughes seconded.the motion which was approved unanimously. The Planning Commission discussion of accesses along Highway 62 HIGHWAY 62 WEST West was postponed because Planning Consultant Larry Wood and Access Discussion Street Superintendent Clayton Powell had not completed their study. The Commission reviewed the proposed final plat of Hyland Park, HYLAND PARK Phase 2, Block 5, Hyland Park, Incorporated, developers. Phase 2, Block>5 Jim Lindsey, President of Hyland Park, Incorporated, was present Final Plat to represent. Ernest Jacks gave a report for the Subdivision Committee. He noted that a note is need to indicate that Lot 22 will become City Property and is to be used as a water storage tank site. He requested the storage tank be of some type of architectural design, rather'than'the customary style tank. He suggested one in a tear—drop or mushroom, shape. Mr. Jacks said there is also a question of no street lights shown on the final plat and certain easements and monuments need to be shown. Mr. Lindsey said they have left room for a street along the north side of this property to tie into their other property. Ernest Jacks moved that the Commission recommend to the Board of Directors -that the Final Plat of Hyland Park, Phase 2, Block 5, be approved with the following contingen— cies: provide easements that are noted in the Plat Review Committee minutes, the the dedication of Lot 22 to the City, show street lights, monuments and pins, etc. Mr. Lindsey said they will probably put a sidewalk up along the street on these larger lots as this part does not lend itself to the footpaths as the other portion of Hyland Park does. Helen Edmiston seconded the motion which was approved unanimously. There being no further business, the meeting was adjourned at 5:20 P.M. RESOLUTION PC 23-74 WHEREAS, at its regular meeting on Tuesday, May 28, 1974, the Planning Commission voted to make a recommendation to the Board of Directors on the final subdivision plat dated May 8, 1974 known as Hyland Park, Phase 2, Block 5 submitted by Hyland Park, Inc. and WHEREAS, the Planning Commission recommended that because the necessary improvements have not been installed in said subdivision that Hyland Park Inc. enter into and furnish the City with the necessary subdivision performance bond before the Board of Directors accepts this final subdivision plat. NOW, THEREFORE, BE IT RECOMMENDED BY THE CITY PLANNING COMMISSION TO THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVIT.TF, ARKANSAS: SECTION 1. The necessary subdivision performance bond be executed with the'Cty prior to the Board of Directors accepting the final subdivision plat. SECTION 2. That the City of Fayetteville, Arkansas accept the final plat along with the land dedicated for streets and other public uses in the Hyland Park subdivision described as follows: LEGAL DESCRIPTION: A part of the SWy of Section 12, Township 16 North, Range 30 West, Washington County, Arkansas; more particularly described as follows: From the NE corner of said Southwest 1 run South 88° 34' 47" West 725.04 feet to the point of beginning; thence South 88° 34' 47" West 549.94 feet; thence South 01° 25' 17" East 60.00 feet; thence South 88° 31'16" West 989.52 feet; thence 79.71 f6et along a curve to the left having a radius of 83.93 feet and a chord bearing and distance of South 61° 17' 27" West 76.75 feet; thence South 34° 05' 03" West 102.84 feet; thence 82.79 feet along a curve to the left having a radius of 143.54 feet and a chord bearing and distance of South 17° 33' 36" West 81.65 feet; thence South 01° 02' 09" West 194.30 feet; thence South 54° 11' 56" East 250.00 feet; thence South 84° 51' 35" East 365.00 feet; thence South 66° 19' 55" East 584.04 feet; thence South 470 23' 29" East 370.00 feet; thence South 44° 15' 30" West 230.00 feet; thence 150.00 feet along a curve to the right having a radius of 300.00 feet and a chord bearing and distance of South 31° 25' 04" East 148.44 feet; thence South 17° 05' 38" East 115.00 feet; thence 120.00 feet along a curve to the right having a radius of 415.00 feet and a chord bearing and distance of South 08° 48' 36" 119.58 feet; thence South 27° 40' 47" East 80.73 feet; thence South 09° 18' 47" East 447.74.feet; thence South 46° 24'34" West 150.16 feet; thence North 49° 11' 24" East 380.00 feet; thence North 62° 11' 17" East 334.45 feet; thence North 00° 48' 29" West 623.48 feet; thence North 02° 15' 48" West 701.52 feet; thence North 52° 11! 03" West 425.00 feet; thenceI'North 15° 03' 34" West 315.00 feet to the point of beginning containing 54.8 acres, more or less. PASSED AND APPROVED this 28th day of --May- - - , 1974.