Loading...
HomeMy WebLinkAbout1977-03-28 Minutes• • • MINUTES OF A PLANNING COMMISSION MEETING A meeting of the Fayetteville Planning Commission was held at 5:00 P. M., Monday, March 28, 1977, in the Board of Directors Room, City Administration Building, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman John Power, Rita Davis, Ernest Jacks, Peg Anderson, Donald Nickell, Bill Kisor, Jack Ray. MEMBERS ABSENT: - OTHERS PRESENT: Keith Newhouse, John Maguire. Bobbie Jones, Angie Medlock, Elizabeth Magee Crocker, Dr. W. A. Vaughn, City Attorney Larry Wood, Scott Van Laningham, Thermon Crocker, Col. Lee Kirby, Jim McCord, Chris Krueger, Mike Woods, and other unidentified persons. The minutes of the March 14, 1977 Planning Commission meeting MINUTES were approved as mailed. The first item for discussion was the letter of petition from Dr. Thermon R. Crocker, Elizabeth Magee Crocker, and Col. Lee M. Kirby petitioning the Planning Commission for a rehearing on the request of Bob Hutson for 4th, Sth, 6th, Subdivision Regulations for property on Joe Fred Starr Road Planning Commission Meeting of February 28, 1977). Also, a 1977, from City Attorney Jim McCord to Dr. Crocker. Dr. Thermon R. Crocker, Elizabeth Magee Crocker, Col. Lee M. Kirby and Mr. and Mrs. W. A. Vaughn were present. '- Ernest Jacks questioned whether the Planning Commission should have this authority.. He asked if a man wanted to sell 500 acres into 5 100 -acre tracts, should the Planning Commission stop this? City Attorney Jim McCord said the petitioners are asking for an interpretation of whether the Planning Commission has jurisdiction to approve more than three lot splits. Jim McCord said a careful reading of that section of the Ordinance clearly indicates that the Planning Commission can only authorize three lot splits. When three lot splits have taken place, either the developer has to comply with the subdivision regulations or go to the Board of Directors. Mrs. Crocker said the concern was that the Planning Commission was looking at it as too small to require any improvements. She said they should take into consideration what improvements he should have to make in terms of utilities, streets, street lights, etc. Peg Anderson said she would be opposed to changing the Ordinance because outside the City Limits is still the growth area and they need to keep the growth within the City Limits as much as possible. City Attorney Jim McCord said he feels the proper thing to do would be for the Planning Commission to rescind its former action and to advise the developer in writing that he will have to comply with subdivision regulations or request the Board of Directors to waive the requirements since they have the legislative authority to do. so. Peg Anderson made a motion to revoke the decision of the meeting of February 28, 1977, which allowed waivers on 4th, Sth, 6th, and 7th lots on the basisthat the Planning Commission did not have the Jurisdiction to waive them. Donald Nickell seconded the motion which was approved unanimously. Ernest Jacks asked if the Planning Commission should have this authority. In the case of property outside the city limits if a man wants to divide S00 acres into five 100 -acre tracts, should we stop this. Jim McCord said this is a legislative question. PETITION FOR REHEARING ON REQUEST OF BOB HUTSON and 7th waiver of (approved at the letter dated March 3, • • Planning Commission Meeting March 28, 1977 -2- Mrs. Crocker stated that in Section 3, there are two sets of improvements listed -- one within the urban and one within the suburban areas and the one in the suburban area gives the Planning Commission discretion as to what type of improvements they can require in a development. They do have a little bit of leeway in what they require. Peg Anderson stated that she had talked with Bud Allen at the County and they are thinking about making their subdivision regulations a little bit stronger. Bobbie Jones said someone could file an informal plat instead for tracts containing five acres or more, which is a final plat without the requirements of a preliminary plat if he has no new streets or easements --if it all has frontage and no new easements, • access, street rights-of-way or improvements are required. Ernest Jacks questioned what they would have to do if they did not have any street frontage and Bobbie Jones said that City Attorney Jim McCord said they could not require them to have street frontage outside the City since that is a requirement of the Zoning Ordinance, unless they change the Subdivision Ordinance. Donald Nickell agreed with Peg Anderson in that the Planning Commission should not change the Ordinance because outside the City Limits is still the growth area and they should keep the growth within the City Limits as much as possible. Chairman John Power stated that Mr. Hutson's alternatives would be to file a subdivision plat or go to the Board of Directors. Peg Anderson questioned if the Planning Office could notify adjacent property owners on lot splits and Bobbie Jones said you couldn't because of the processing time for lot splits and that most of the contact the Planning Office has on lot splits is with the person who has already purchased the property and is trying to get a building permit. Elizabeth Crocker said she feels some type of notification should be required. Chairman John Power said he feels comfortable with lot splits as they are, but if the Commission would like to look at this, they could look at it at their April 11 meeting. Peg Anderson said the Planning Commission may want to publish the agenda in the newspaper like the City Board does --then it would be official notice. She said they may want to charge a fee for each application to cover the cost of the ad Chairman John Power asked Bobbie Jones to put on the April 11 agenda a discussion of the Lot Split Ordinance. The second and last item for discussion was a letter from Walter B. Cox, Attorney, concerning the change in the preliminary plat of Sequoyah Woods for Phase II construction. SEQUOYAH WOODS PHASE II Change in Preliminary Plat Chairman John Power acknowledged a letter from Attorney Walter Cox requesting that they be notified when the final plat of Phase II is presented and asked Bobbie Jones if she has had any indication when the final plat would be brought in. Bobbie Jones said she had talked with them about a month ago and they indicated that they were about ready to bring the final plat back. She has since talked with their engineer but he didn't indicate when it would be ready. Chairman Power said the Planning Commission would need to look at the final plat of Sequoyah Woods Phase II. Peg Anderson mentioned that the Plat Review Committee minutes indicate that Bobbie Jones had asked them on September 26, 1976 about the protective covenants and Mr. Fox said they were exactly the same as in Phase I. The Commissioners agreed that they do want to look at the final plat of Phase II when it is ready and also to see the Preliminary Plat on both phases, as well as the final plat of Phase II.. The meeting adjourned at 5:35 P. M.