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Home My WebLink About1983-03-14 MinutesMINUTES OF A MEETING OF THE PLANNING COMMISSION A meeting of the Planning Commission was held at 5:00 P.M. on Monday, March 14, 1983 in Room 107 of the Continuing Education Center, Center Street and East Avenue, Fayetteville, Arkansas. MEMBERS PRESENT: Chairman Newton Hailey, Ernest Jacks, Morton Gitelman, Julie Nash, Melanie Stockdell, Barbara Crook, Don Hunnicutt MEMBERS ABSENT: OTHERS PRESENT: Windell Cullers, David Williams Rick Cowdrey, Loren Heiple, Jim Stephens, Douglas Knapp, Sandra Pringle It was moved by Barbara Crook, seconded by Melanie Stockdell and passed, 7-0, to approve the Minutes of the February 28 meeting as circulated. The next item of business was to consider approval of the final plat of Sequoyah South, Phase I, a Planned Unit Development to be located north of Huntsville Road, west of the end of Fifth Street and south and east of the end of Rogers Drive, Sequoyah Land Company, owner and developer; property zoned R-1, Low Density Residential District. Rick Cowdrey and Jim Stephens were present to represent Sequoyah Land Company and Cowdrey and Associates, Engineers. Don Hunnicutt, reporting as Chairman of Subdivision Committee, said that committee recommends approval of the final plat with the following conditions: 1) that reference to covenants be added to the plat; 2) that recording information on off- site easements be added to the plat; 3) that the park area requirement will be worked out; and 4) that the Bill of Assurances will be provided on the construction of the cul-de-sac and 100 foot setback as per preliminary plat review comments. Bobbie Jones reported on the topic of the telephone company easement which was discussed in Plat Review and Subdivision Committee meetings. She said in talking with Dick Shaw, he was merely wanting the easement to be a general utility, not a sewer easement, when they get to the next phase, that there is no need for a change now. MINUTES FINAL PLAT SEQUOYAH SOUTH, PHASE I SEQUOYAH LAND COMPANY Jones also reported JudgeButt overturned the Parks Ordinance which had required subdividers to dedicate land for park purposes, or to pay a fee in lieu of such dedication, as a condition of plat approval. She said City Attorney McCord does not know whether the Board of Directors will appeal this decision and in the meantime, suggests the developer of Sequoyah South prepare the deed for land they were going to dedicate, but not record it, pending the outcome of the Parks Ordinance. She pointed out the land to be dedicated for parks purposes was not part of Phase I. 24 • • • Planning Commission Minutes March 14, 1983 Page Two Jim Stephens said he would not object to the deed being held, that they consider this to be an amenity to the land, and also that they are thinking of donating the land to the City anyway. Jones said the City Attorney also needs to prepare the Bill of Assurances and the contract on improvements for Sequoyah South. Barbara Crook stated recording information for off-site easements still must be shown on the plat. Don Hunnicutt moved approval of Phase I of Sequoyah South, subject to the following four contingencies and other plat MOTION review comments: 1) that reference to covenants be added to 'the plat; 2) that recording information on off-site easements be added to the plat; 3) that the park area requirement will be worked out; and 4) that the Bill of Assurances will be provided on the construction of the cul-de-sac and 100 foot setback as per preliminary plat review comments. The motion was seconded by Barbara Crook and passed, 7-0, with David Williams and Windell Cullers absent. In further discussion of the recent overturning of the Parks Ordinance, Bobbie Jones said the City Attorney advised her not to apply the Parks Ordinance in any cases at this time. He stated if there is an appeal filed and the ordinance is upheld, the Parks Ordinance would be applicable, otherwise it will not apply. Next was to consider petition to close and vacate an alley adjacent to and south of 515 Park Avenue, Douglas D. Knapp and Sandra J. Pringle, petitioners. Knapp and Pringle were present and had no further information to add. PETITION TO CLOSE AND VACATE ALLEY ADJACENT TO AND SOUTH OF 515 PARK AVENUE DOUGLAS D. KNAPP AND SANDRA J. PRINGLE Newton Hailey noted the appropriate city officials and utility companies had no objections but wish to retain easements. Barbara Crook asked why only part of the alley was being closed and Knapp and Pringle explained since it took six or seven months just for their part of the alley that they did not wish to prolong the process by having to contact any more property owners. Melanie Stockdell moved to recommend closure of the alley adjacent to and south of 515 Park Avenue, subject to Plat MOTION Review comments. The motion was seconded by Julie Nash and passed, 7-0, with Cullers and Williams absent. The last item of business was a request for a variance from the requirement for a 121 foot safety zone between driveway and side property line and 25 foot safety zone between driveways in a residential neighborhood; Loren R. Heiple, petitioner; property located at 1492 Century Drive; R-1, REQUEST FOR VARIANCE DRIVEWAY SAFETY ZONE 1492 CENTURY DRIVE LOREN R. HEIPLE Low Density Residential • • Planning Commission Minutes March 14, 1983 Page Three District. Mr. Heiple was present. Heiple explained the east side of his lot was low and flat, with a storm and sanitary sewer, that the driveway cannot be installed on the west side as 2/3 of that side is on a rather steep hillside slope and atleast the west 26 feet of the lot cannot be used because of the rise in elevation, that he wishes to locate his driveway 71 feet from the eastern property line and parallel with it. He said he thought Lots 8 and 9 may have been combined along with part of Lot 7. He said Lot 11 is a flat lot and a buildable site. Barbara Crook said Lot 11 east of',Mr. Heiple will have some problems and its driveway may also have to be built adjacent to the common lot line between Lot 10 and Lot 11. Ernest Jacks moved approval of the variance. Julie Nash seconded the motion. Barbara Crook brought up the question - would the owner of Lot 11 then have to build a driveway 171/2 feet from his west property line in order to abide by the 25 foot safety zone, now that Mr. Heiple has been granted a variance of five feet? Jacks stated he has begun to wonder why the Planning Commission asks. for this requirement in the residential areas. After further discussion, Newton Hailey suggested making the variance applicable to Lot 11 also so that, if the question comes up on Lot 11, the variance can be administered by Bobbie Jones. Bobbie Jones read from Chapter 18 of the Code of Ordinances, Article II, Sec. 18-28 (k): "The city official, upon recommendation of the Planning Commission, may grant variations from the literal provisions...in instances where strict enforcement would cause undue hardship or where strict enforcement would be impractical due to circumstances unique to the individual property under consideration." Jacks restated his motion to state he moves in favor of the variance with the stipulation that the Planning Commission MOTION is in favor of a variance from the 25 feet for Lot 11, should a request be made. Julie Nash agreed. to'second the amended motion. The motion passed, 7-0, with Cullers and Williams absent. A report from Morton Gitelman on the Bypass Ordinance was scheduled to be heard at the April meeting. OTHER BUSINESS Newton Hailey announced that the next Planning Commission meeting of March 28 will be held at Ozarks Electric Cooperative for the purpose of holding a public hearing on land use in the newly annexed area near Ozarks Electric. He said the two rezoning petitions in that area would also be scheduled for public hearings on that date. Hailey reported that HBS05 to allow mobile homes in residential areas was turned down in committee but is still alive and the legislature is still in session. With no further business, the meeting was adjourned at 5:27 P.M. 9S