HomeMy WebLinkAbout1982-11-08 Minutes•
•
MINUTES OF A MEETING OF THE PLANNING COMMISSION
A meeting of the Planning Commission was held at 5:00 P.M. on Monday,
November 8, 1982 in the Continuing Education Center, Room 107, Fayetteville,
Arkansas.
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
Chairman Ernest Jacks, Barbara Crook, Melanie Stockdell,
David Williams, Don Hunnicutt, Julie Nash, Windell Cullers,
Newton Hailey, Jr., Morton Gitelman
None
Bryce Davis, Gen. Bruce Kendall, Udell Luttrell, Millard Goff,
Charles Forbes, Ervan Wimberly, Al Harris, Bobbie Jones,
Suzanne Kennedy, members of the press, and others
The first item of business was to consider the minutes
of the last Planning Commission meeting of October 25, 1982.
Barbara Crook asked that the vote recorded on page 8 of those
from 7-1 to 7-0-1, to correctly reflect the abstention. With
the minutes were approved as read.
The next item of business was
to consider approval of the preliminary
plat of Winchester Square Subdivision,
Phase II, located south of Highway 16 West
and east of County Road #650 (outside City
Limits); Johnie Bassett, owner and developer.
(Tabled at the October 25, 1982 Planning Commission meeting)
Chairman Jacks stated that at the last meeting it was decided to ask the City
Attorney for an opinion on the question of whether the City or the County has
jurisdiction over drainage improvements for subdivisions in the planning area.
Jacks quoted from a letter prepared by Attorney Jim McCord: "...that the territorial
Jurisdiction of the City shall be exclusive within the City's designated planning
area." and "The county courts shall have exclusive original jurisdiction in all
matters relating to ... roads, bridges ..., and in every other case that may be
necessary to the internal improvement and local concerns of the respective counties."
Jacks said it was pointed out in the footnote that our "...Ordinances provides that
certain improvements, including storm drainage facilities, shall not be required
in a suburban subdivision which is not adjacent to the City's corporate limits,
where the installation of said improvements is not necessary to conform with
existing development in the general neighborhood..."
There was some discussion as to how the annexation of this property affects
the Jurisdiction question.
Bobbie Jones stated City Attorney McCord informed her the annexation is supposed
to become effective in thirty days, but will not actually be effective until he has
recorded it in the County Court.
It was the opinion of Ernest Jacks that McCord meant for the Planning Commission
to consider the jurisdiction question as if the annexation were not yet effective.
MINUTES
minutes be changed
that correction,
PRELIMINARY PLAT
WINCHESTER SQUARE SUBDIVISION
PHASE II
OUTSIDE CITY LIMITS
JOHNIE BASSETT
159
Planning Commission
November 8, 1982
Page Two
It was Windell Culler's opinion that by the time this subdivision reached
the final plat stages, the property would be within the City Limits, so that it
would not be fair to base the Planning Commission's actions as though it were
outside the City Limits.
Morton Gitelman pointed out that, if the Commission approves the preliminary
plat, at the time the annexation becomes effective it becomes A-1 zoned property
and a commercial subdivision would not be permitted without a rezoning. He
stated he thought McCord meant for us to treat it as outside the City Limits for
drainage purposes only.
Mr. Forbes, speaking for the developer, stated they would be willing to be
treated as though under the City's jurisdiction.
Morton Gitelman pointed out the City Attorney's letter tells us we can apply
the City's drainage standards in either case.
Forbes stated they would prefer to conform now since they would have to later.
He said the owners are concerned about how far they are responsible to the
drainage downstream, and how far they are responsible for the drainage problem as
it already exists. He said that it would not be economically feasible for them to
do what they talked about at the last meeting to correct the drainage and, if
necessary, they would prefer to let those lots go. He said the drain tile across
Highway 16 was somewhere on Lot 3, on the left-hand side. He said they would like
to work something out with the adjacent owners and control the drainage because
as it is draining now they would want to move it. He said the drain tile goes
underneath Highway 16.
Millard Goff, adjacent owner, said he had received a letter from the
engineering firm assuring him the drainage would be handled in a certain way,
and he expressed his dismay at Forbes' statement that this would not be feasible
now. Forbes stated they have said they would not worsen the problem that is
already there. Goff asked how they could build without accelerating water runoff.
Forbes stated they will try to control the water flow with a catch basin (to
be designed for 100 -year flooding), (a small pond) which would hold runoff and
then they would drain it.
Goff asked why the City would annex a piece of property where there is a
known problem and then approve it under the County rules that would never work
under the City rules. He stated in his opinion the drainage pattern has already
been altered a few feet.
Don Hunnicutt moved to approve the preliminary plat of Phase II
subject to Plat Review comments and the developer to design a storm MOTION
drainage system to be approved by the City Street Superintendent.
The motion was seconded by Melanie Stockdell.
There was further discussion about how the annexation when it becomes
effective will make this property A-1, and it was clarified that the motion is
for approval of the preliminary plat only and would not be an approval of the
uses of the property.
Gen. Kendall, speaking for the County Planning Board, asked if the County
was beingrelieved of any responsibility for building the road. Hunnicutt stated
that was not the case. He said, according to the City's ordinance, the Planning
Commission must rule on the drainage.
Gen. Kendall said anytime the City wants to come up with a master drainage
plan, as suggested by McCord, the County will be glad to cooperate and work on
that. He said at the County Planning Board's last meeting, they approved the
subdivision's preliminary plat and it shows the roads for the second and third
phase. He stated it seems the City is going to approve the plat on the basis of
IQ A
•
•
lanning Commission
November 8, 1982
Page Three
its being in the Growth Area, but that inevitably a commercial subdivision would
not be allowed there. He said the reason the owner went through all three phases
was to sell those commercial lots. He said there was a moral implication
involved here, in that the Planning Commission can now put it off and rezone the
property or not. He thinks it would be better to turn down the plat right now.
Cullers agreed and stated the opinion that a request for rezoning to
commercial would probably not be voted in. He thinks it would not be fair to
the owner to approve the plat now, that we should at least let him be aware of
what we think is going to happen in the future.
Jacks pointed out that today we have before us consideration of approval of
a preliminary plat. The owner has chosen not to withdraw it and the Commission
is faced with a decision on it.
Bryce Davis, adjoining owner, stated he doesn't believe the subdivider should
be allowed to change the direction of the drainage and cause somebody else a
problem.
Jacks stated, if that were to happen, it would be a problem for the court,
that the Commission today must look at the drainage for approval or disapproval,
and stated the motion has been worded to cover that.
Forbes stated they were not changing the direction of the drainage now.
Gen. Kendall said if the County's approval of the road has changed the .
direction of the drainage, they want to know about it.
The motion was voted on and passed, 8-1, with Windell Cullers voting "nay".
Bobbie Jones pointed out that today's approval is to be for Phase II only.
Gen. Kendall said the County had approved Phase II but had to look at Phase
III in order to do so.
Bobbie Jones also reminded the developers they must submit a drainage plan
to the City Street Department for approval.
David Williams advised the developer to discuss potential rezoning with
Bobbie Jones, and also said, based on past experience, the likelihood of rezoning
to commercial for that area is small.
The third item on the agenda
was to consider approval of the
final plat of Northview Heights
Addition located south of
FINAL PLAT
NORTHVIEW HEIGHTS ADDITION
SOUTH OF ROLLING HILLS F, EAST OF N. COLLEGE
J. B. HAYS
Rolling Hills Drive and east
of North College Avenue; J. B. Hays, owner and developer. Ervan Wimberly and Al
Harris were present to represent Northwest Engineers.
Don Hunnicutt, Chairman of Subdivision Committee, reported that the committee
recommends approval of the final plat with one change.
Ervan Wimberly explained his position that, if there is a choice between
using a 50 foot building setback and 35 feet with landscaping and no parking
between the building and the street, he prefers to indicate 35 feet on all his
tracts.
Don Hunnicutt moved approval of the final plat, subject to
Plat Review comments, with one change to be made before the MOTION
plat is recorded, that a 35 foot building setback be shown
with landscaping and no parking between the building and the
street on all tracts, and with a note to be included on the plat stating this.
The motion was seconded by Barbara Crook.
161
•
Planning Commission
November 8, 1982
Page Four
Bobbie Jones pointed out the setback requirement for landscaping and no
parking between the building and the street was worded to be 25', not 35'.
Ervan Wimberly stated he would not try and change to 25 feet, that 35 feet
would be acceptable.
Bobbie Jones said she had not had an opportunity to read over the
Covenants. Morton Gitelman read these over, and mentioned that nothing was
indicated in the Covenants about never developing in the common areas. Ervan
Wimberly agreed to check into this.
The motion passed, 9-0.
Chairman Jacks reported that the OTHER BUSINESS
Update Committee had met and they are UPDATE COMMITTEE
working to see whether they want to recommend ERNEST JACKS
to the City Board a restudy of the General Plan.
One thing that came out of their meeting was the possibility of some "clean"
industrial properties being along the Bypass.
Bobbie Jones asked if Larry Wood had brought up the fact that the new
interchange off the Bypass between 112 and the old Johnson Road is not
designated a controlled access highway. She also asked about the fact that
the service roads constructed by the Highway Department differ from the service
road map, an item which needs to be brought into agreement at some time. She
asked if the Planning commission needs to study the question to designate a
controlled access highway or should it go with the amendments to the Master
Street Plan to the TAC committee. She said there were three ordinances
involved, (1) which sets up regulations for a controlled access highway and
(2) and (3) which designate Highway 71 from the north end of the Bypass to
the north City Limits and 71 Bypass as controlled access.
With no further business, the meeting was adjourned at 5:35 P.M.
142