HomeMy WebLinkAbout1989-01-09 MinutesMINUTES OF A METING OF THE
FAYETTEVILLE PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission was held on Monday, January 9,
1989 in the Board of Directors Room of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT:
Butch Robertson, B.J. Dow, Jerry Allred, J.E. Springborn,
Ernie Jacks, Gerald Klingaman, Gerald Seiff and
Fred Hanna
MEMBERS ABSENT: Julie Nash
OTHERS PRESENT:
John Merrell, Elaine Cattaneo, Gerald Oney, Ken Shireman,
David Ferguson, Joel Walters, Dan Coody, members of the
press and others
LARGE SCALE DEVELOPMENT PLAN OF TACO BELL
GERALD ONEY - 2055 W 6TH STREET
The first item of consideration on the agenda was a Large Scale Development Plan
for Taco Bell Restaurant submitted by Gerald Oney for property located at 2055 W.
6th Street and zoned I-1, Low Density Residential.
Don Bunn, City Engineer, advised that this wasn't reviewed by the Subdivision
Committee. At the Plat Review meeting there weren't a lot of comments on it. It
appears to meet all of the regulations. He noted that the staff is recommending
that the plat be approved subject to the Plat Review minutes.
Chairman Jacks asked if the easements that had been mentioned at the Plat Review
meeting had been taken care of. Mr. Bunn advised that these easements are shown
on the final plat, but they also need to be recorded on a separate instrument
that will be on file at the Court House.
Chairman Jacks asked if they had submitted proof of notification to the adjoining
property owners. The Planning Secretary answered, yes, the proof has been
submitted. Chairman Jacks noted that also the trees that were to serve as a
buffer zone or screening between this project and the property to the South as
discussed has been put on the final plat.
Gerald Oney, Engineer, stated that he is representing Taco Bell and the easement
document has been submitted to the City signed and notarized, but has not been
recorded at this point. He added that this easement will serve both the power
company and the cable t.v.
Chairman Jacks asked if anyone in the audience would like to speak in favor or
opposition to this.
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Planning Commission
January 9, 1989
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NOTION
Commissioner Robertson moved to approve the Large Scale Development Plan subject
to Plat Review comments, seconded by Hanna. The motion passed 8-0-0.
APPROVAL OF LARGE SCALE DEVELOPMENT PLAN OF DAUGHTERY EQUIPMENT
KEN SBIRENAN - 1507 W TRUCKER'S DRIVE
The second item on the agenda was a Large Scale Development Plan for Daughtery
Equipment submitted by Robert Daughtery and represented by Ken Shireman,
Architect. Property is located at 1507 West Trucker's Drive and zoned C-2,
Thoroughfare Commercial.
Don Bunn, City Engineer, stated that water and sewer is available to the
property. However, the sewer is located some 500' north of the property so they
are probably going to get a perc test and try to put a septic tank on the
property rather than extending the sewer. Their property is large enough so that
they can do that under the regulations.
Mr. Bunn stated that Trucker's Drive north of this property has already been
approved when ABF put in their facility north of Trucker's Drive. He noted that
he had recommended that the Planning Commission require the owner to submit a
Bill of Assurance for the improvement of 1/2 of Trucker's Drive from the point
where the improvement ends on to the West which would extend to a point just west
of their existing building. Also, there is a sidewalk required on both sides of
Highway 112 at that point so a sidewalk is required along the east side of their
property.
Chairman Jacks asked Mr. Bunn to clarify the off-site improvements that are
required. Mr. Bunn stated that his recommendation is to require them to submit a
Bill of Assurance to the City for the improvement to City Standards of 1/2 of
Trucker's Drive approximately 350' farther than what it is right now.
Mr. Bunn stated that Mickey Jackson is requesting a fire hydrant to be placed at
the building. Chairman Jacks asked if that is something that can be required.
Mr. Bunn stated that it is not required because there is a hydrant within 300' to
the building which does meet the requirement.
Chairman Jacks asked if there was any problem with drainage. Mr. Bunn stated
that it has all been worked out.
Commissioner Springborn asked if at some time in the future it became desirable
for them to make the connection to the City sewer line, how would the present
septic system be handled. Would it just be abandoned in the ground? Mr. Bunn
stated that if a sewer line became available within 200' of the building, they
would be required within one year of installation of that sewer to tie on to it.
At that time, the septic tank would be abandoned. He noted that he thinks the
practice is just to abandon it in place, the City doesn't have any regulations
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Planning Commission
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that he is aware of stating how that is to be abandoned. There may be some state
or county regulations which govern that.
Commissioner Springborn stated that he feels the people putting in a septic tank
should be made aware of any requirements such as that.
Ken Shireman, Architect, stated that Mr. Daughtery owns Lincoln Supply in Lincoln
which is a Farm Equipment Dealership and he wants to relocate this business to
Fayetteville. He submitted a drawing that shows the improvement of Trucker's
Drive(30' wide) to a certain point where it then goes to 20' wide without curb
and gutter the rest of the way. Therefore, there is about 775' paved to the end
with about 490' of that 20' wide with no curb and gutter.
Mr. Shireman advised that ' they have a septic tank system that has been approved
by the County which they have run cost estimates on and they have also run a cost
estimate on the tie-in to the City sewer. To do that they would have to go
approximately 500' north and there is an easement across ABF's property which is
paved. In order to tie on, they would have to cut the pavement on that easement
and then patch it back, etc. He stated that it would cost around $11,000 to tie
into the City sewer.
Mr. Shireman stated that at the Plat Review meeting Mickey Jackson, the Fire
Chief, asked them about putting the fire hydrant in. _.He- .added that he asked Mr.
Jackson if that was a request or a requirement and Mr. Jackson advised that they
have an ordinance that they could invoke to make this requirement. He stated
that he wanted to clarify if this fire hydrant is something that they are
required to put in or are they being asked to put it in for future development
farther down the site. Mr. Shireman added that also in the City Engineer's
report, it was stated that the City would possibly accept a Bill of Assurance on
the sidewalk and there is one on file for ABF.
Mr. Shireman stated that the owner would object to a requirement that they
improve 1/2 of the street at this point because it is a dead-end street and
doesn't serve anybody except the people that the existing building is leased to
down there at the end. He noted that he thinks this is a requirement that could
be waived until such time as future development warranted this expenditure.
Chairman Jacks advised that the recommendation from the Plat Review Committee is
that this be a Bill of Assurance and down the line when the street needs to be
developed it would be required. He asked Mr. Shireman how they felt about that.
Mr. Shireman stated that they feel right now that the owner is trying to relocate
his business here and any needless expenditure or obligation for expenditure they
want to hold to a minimum at this point so that he can afford to do this. They
would rather not incur the obligation unless it is necessary to get the project
underway.
Chairman Jacks advised that the City has an ordinance having to do with off-site
improvements which talks about a rational nexus basis proportionate to the need
that has been created by the developer in this case.
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Planning Commission
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Chairman Jacks asked for clarification of whether right now they plan to put in a
septic system. Mr. Shireman stated that it depends on the ultimate development
cost of the project. They would like to tie into the City sewer if it is
economically feasible. He added that they realize they could spend $3,500 on a
septic system and then a few years down the line they may have to tie into the
City sewer anyway. Chairman Jacks advised that is a decision the developer has
to make since they are not within 200' of the City sewer now.
Don Bunn stated that they would have to get clarification from Mickey Jackson on
whether this hydrant is required. He noted that it appears that there is a fire
hydrant within 150' of the proposed new building.
Chairman Jacks advised that the septic tank is not an issue for the Planning
Commission, but whatever they do would have to be contingent on the decision
being forthcoming on that requirement for a fire hydrant situation. Also, they
do need to speak to the off-site improvements and the sidewalk. They will accept
a Bill of Assurance for both of those.
Commissioner Hanna stated that he doesn't think the fire hydrant in question
would be required. Also, he feels it would be reasonable to require a Bill of
Assurance for the upgrading of that road along the side of his own property there
since that would be to his benefit and for the sidewalk. He added that the
septic system is the developer's decision to make. ..-.._,
Chairman Jacks suggested that they leave the question of the fire hydrant open in
case the Fire Chief knows something they don't.
MOTION
Commissioner Hanna moved to approve the Large Scale Development Plan with the
Bill of Assurance that Trucker's Drive for 1/2 of the remainder of that distance
along side their property be improved at the call of the City, a Bill of
Assurance for sidewalk as recommended, the septic system be left to the
discretion of the developer and without a recommendation made on the fire hydrant
in question, seconded by Dow. The motion passed 8-0-0.
APPROVAL OF LARGE SCALE DEVELOPMENT PLAN FOR FERGUSON CONST OFFICES BLDG
DAVID FERGUSON - NE CORNER OF STONE BRIDGE RD & HUNTSVILLE RD
The third item on the agenda was a Large Scale Development Plan for Ferguson
Construction Offices submitted by David Ferguson. Property located at the
northeast corner of Stone Bridge Road & Huntsville Road and zoned C-2,
Thoroughfare Commercial.
Don Bunn, City Engineer, stated that various utility companies have asked for
easements across the front and the east side of this property and also across the
north side of the property all the way back to Stone Bridge Road. He noted that
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Planning Commission
January 9, 1989
Page 5
the easement across the front only relates to the east half of the property (
just the part that he is developing right now). He advised that there is a
sidewalk required along Huntsville Road (Highway 16) which wasn't discussed at
the Plat Review. The staff would not be opposed to a Bill of Assurance on
construction of the sidewalk. He added that the Sanitation Superintendent had a
comment about the original location of the dumpster and that was changed so that
is no problem.
Chairman Jacks asked if Mr. Ferguson agreed with all of the requirements
including the Bill of Assurance on the sidewalk. Mr. Ferguson answered, yes.
Mr. Bunn advised that those easements that were requested need to be dedicated on
a separate instrument and filed at the Court House.
Commissioner Klingaman noted that not very long ago the Planning Commission
approved a church on Highway 16 further to the West (15th Street) and required
the installation of a sidewalk. At that time an argument was made that it would
be the only one in the area. How is this project different? Commissioner Hanna
stated that one way it was different was that the church was on 15th Street where
the street has been widened, curbed and guttered and where Mr. Ferguson is
building it is still basically a two-lane highway without curb and gutter.
Chairman Jacks advised that if Mr. Ferguson were to put in a sidewalk now,
chances are it would come out when they widen the road:.because it wouldn't be the
right grade, etc.
MOTION
Commissioner Hanna moved to approve the Large Scale Development Plan with the
easements as requested and the Bill of Assurance for the sidewalk, seconded by
Seiff. The motion was approved 8-0-0.
CONDITIONAL USE FOR A CHURCH IN AN A-1, AGRICULTURAL, ZONE
TRINITY EVANGELICAL FREE CHURCH - 2091 JOYCE STREET
The fourth item on the agenda was a Conditional Use request for a church in an A-
1, Agricultural, Zone submitted by Trinity Evangelical Free Church and
represented by Joel Walters. Property is located at 2091 Joyce Street containing
5 acres.
John Merrell, City Planning Director, stated that this is a situation where the
church representatives would like to move to this property and occupy this
building and basically use the present house for their Sunday School classes,
etc. He added that what they would hope to do in the future would be to add on a
fellowship hall probably to the back of the house. The parking would come off of
Joyce Street and be at the rear of the house. He advised that there has been a
lot of development out there recently and he would expect with the consultants
doing the new zoning ordinance this year that probably they could go ahead and
eliminate the A-1 zoning from this area. He added that he doesn't recommend that
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Planning Commission
January 9, 1989
Page 6
they do that before then, but that is something to think about. Also, he
commented that the issue of making a church a Conditional Use in an A-1 zone
doesn't seem to be that common. He stated that he felt they should give some
thought to making a church as a use by right in an A-1 zone in the new zoning
ordinance.
Commissioner Hanna asked if there was any particular reason why they decided to
go with the Conditional Use rather than rezoning it to P-1, Institutional. Mr.
Merrell stated that he believed his staff in the Planning Office recommended the
Conditional Use. Commissioner Hanna stated that the Conditional Use sounds fine
for what they want to do, but they should be made aware with 5 acres of land they
will have to go through the Large Scale Development process if they start
building new buildings. The proper zoning for a church there would be P-1,
Institutional.
Joel Walters, representative, stated that there intent has been stated very
clearly in their application and he understands the issue between the Conditional
Use and a rezoning. He stated that the Conditional Use came as a recommendation
from the Planning Office.
MOTION
Commissioner Seiff moved to grant the Conditional Use:asl.requested, seconded by
Klingaman. The motion to approve passed 8-0-0.
AMENDMENT TO A BILL OF ASSURANCE
DAN GOODY - 215 NORTH EAST AVENUE
The fifth item on the agenda was a request for an amendment to a Bill of
Assurance submitted by Dan Coody for property located at 215 North East Avenue
and zoned C-3, Central Commercial.
Chairman Jacks advised that there is a Bill of Assurance on this property which
limits it to an art gallery/antiques/offices/residence. The request is to add
"Tea Room" as a use for this property.
Mr. Goody stated that there is a man who wants to lease that property and put a
gourmet cafe and a small operation after theater patrons. Chairman Jacks stated
that the notes also suggest a bakery and a bed & breakfast possibility. Mr.
Coody stated that if the prospective lessor decides to do those things, it will
be later down the road.
Chairman Jacks advised that this is a transitional area and has been used for
many different things. He asked Elaine Cattaneo, the Planning Secretary, if the
adjoining property owners had been notified. She answered, yes.
John Merrell stated that he had discussed the parking issue with Mr. Coody and
what they are proposing is to use 800 square feet of the house for the "Tea Room"
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Planning Commission
January 9, 1989
Page 7
and that would comply to the four parking spaces so the parking is no longer an
issue.
Chairman Jacks clarified that this request strictly has to do with a "Tea Room"
so if they want to get into the Bed & Breakfast they will have to do that later
on.
Chairman Jacks asked if anyone in the audience wanted to speak to this.
Commissioner Springborn asked if this "Tea Room" is the one that has been
advertised lately. Mr. Goody answered, yes, that the proposed lessor had ran his
advertising so that he could be sure to be in the Symphony Program because if he
didn't do it then, he wouldn't be able to do it for another year.
NOTION
Commissioner Robertson moved to approve the amendment to the Bill of Assurance to
add "Tea Room", seconded by Dow. The motion passed 8-0-0.
OTHER BUSINESS
Item #1 Chairman Jacks advised that the time of year.. has, arrived_ for_-. them,to
complete their Disclosure Ethics Form and Suzanne will be putting them in the
mail to them.
Item #2 Chairman Jacks stated that he would like to go ahead and set up the 1989
Officers Nomination Committee. The bylaws suggest the first meeting in February.
He asked Gerald Seiff to chair the committee of himself, Jack Springborn and
Gerald Klingaman. He added that he doesn't know when the Board is going to make
new nominations.
Commissioner Seiff clarified the rundown of the slate of officers to include a
Chairman, Vice -Chairman and Secretary.
MINUTES
The minutes of December 12, 1988 were approved as mailed.
Commissioner Seiff advised that this is probably the last meeting that
Commissioner Dow would be with them. On that note, he just wanted to say that in
the years he has been associated with her, he has enjoyed working with her and is
sorry to see her leave
There being no further business the meeting was adjourned 5:45 p.m.
PAGE SUBJECT DATE
01 LSD - Taco Bell, Gerald Oney, 2055 W. 6th Street
02 LSD Approval - Daughtery Equipment, Ken Shireman, 1507 W.
Trucker's Drive
03 LSD Approval - Ferguson Construction Offices Bldg, David
Ferguson, NE corner of Stone Bridge & Huntsville
04 CU - Trinity Evangelical Free Church, 2091 Joyce Street
05 Amendment to a Bill of Assurance, Dan Coody, 215 N. East Ave
06 Waiver of Subdivision Regs. - Lot Split (first), Jim Lindsey,
Davis Lane - W. of County Rd. 345 & S. of County Rd. 539
07 R89-1 - Sharon Smith, 3548 E. Huntsville Rd.
08 R89-2 - Joe Kilgore, 2807 Whippoorwhil Lane
09 R89-3 - James F. Moore, N. of Carlsbad Trace & Franciscan Trl
10 R89-4 - Bryan Abernathy, M.D., S. of E. Huntsville & W. of
Happy Hallow
11 R89-5 - Kemmons Wilson, Along W. side of Shiloh Dr. & S. of
Dorothy Jeanne
CU - Adult Day Care Center, Jerry Allred, 1225 Wood Avenue
Waiver of Subdivision Regs. - Lot Splits #1 & #2, Martha
12
13
Lindsay & Suzanne Fromherz, W. side of Dead Horse Mtn. Rd.
14 Wavier of Subdivision Regs. - Lot Split #3, Bill Graue, 2635
Old Wire Rd.
15 CU - Tandem Lot, Bill Graue, 2635 Old Wire Rd.
15 Preliminary Plat - Northwest Acres Ph. II, James F. Moore,
N . of Franciscan Trail
16 Preliminary Plat - Northwest Acres Ph. III, Rollin Barnes,
N . of Carriage Way
17 Wavier of Subdivision Regs. - Lot Split, Robert Neukranz,
N. of Rockwood Trail
18 CU - Tandem Lot, Robert Neukranz, N. of Rockwood Trail
19 R89-7 - J. Lindsey, Vantage Square Tract 1, N. of Joyce &
S . of Stearns
19 R89-8 - J. Lindsey, Vantage Square Tract 2, N. of Joyce
19 R89-9 - J. Lindsey, Vantage Square Tract 3, N. of Joyce
19 R89-10 - J. Lindsey, Vantage Square Tract 4, N. of Joyce
20 Preliminary Plat - Vantage Square Subdivision Unit 2, J.
Lindsey, Along Joyce on the N. and S. sides of Street
21 R89-6 - Alta Investments Inc. - 1728 Mission Blvd.
22 Preliminary Plat - Hemingway Ridge Subdivision Ph. I, Rock
Reed, N. of Stubblefield & W. of Old Missouri
23 Wavier of Subdivision Regs. - Lot Split #1, Braum's Ice Cream
Co., W. side of N. College & E. of Villa St.
24 Wavier of Subdivision Regs. - Lot Split #1, R.J. Keating,
Lot 5, Replat Blk. 2 of Colt Square
24 Wavier of Subdivision Regs. - Lot Split #3, Ray Adams,
5869 E. Huntsville Rd.
24 CU - Tandem Lot, Ray Adams, 5869 E. Huntsville Rd
SPECIAL MEETING
25 Slope, Soil and Floodway Maps
26 Sustainable Growth
27 Existing Land Use
27 Existing Zoning
28 Transportation
29 A Second Public Industrial Park
29 A Second Major Commercial Area (Mall)
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SUBJECT
29 Potential Regional Airport
29 University Of Arkansas Research Park
29 Major Medical Center
30 Residential: Single -Family
30 New Transportation Entry for the University of Arkansas
31 Planned/Clustered Design Concept
32 Mr. Kelly's Presentation
DATE
33 Petition to rehear: Lot Split - Robert Neukranz, N. side of
Rockwood Trail
34 Wavier of Subdivision Regs. - Lot Split #1, Robert Neukranz,
N . of Rockwood Trail
35 Resubmittal of LSD plan - Village Apartments, John C. Burckart,
S . of Appleby & N. of Drake
36 Resubmittal of LSD plan - Lakeshore Apartments, James Lindsey,
N. of Joyce St. & W. of Old Missouri
37 Wavier of Subdivision Regs. - Lot Split #2, Don McIntire,
E . side of Joe Fred Starr Road
38 Wavier of Subdivision Regs. - Lot Splits (2 first splits),
Elvie Heiney, W. of University Ave. (Nat'l Cemetary Assoc)
39 Resubmittal of LSD - Lakeshore Apartments, Jim Lindsey, N.
side of Joyce St. & W. of Old Missouri
39 R89-11 - Norman Gabbard, Velda Court, E. of One Mile Rd.
40 Preliminary Plat Approval - Melanda West Subdivision, Norman
Gabbard, Velda Court, E. of One Mile Rd.
41 Preliminary Plat Approval - Sherwood Forest Estates Ph.II,
J . Lindsey, E. of Lover's Ln. & Canterbury Rd.
42 R89-12 Through -15 - Regional National Cemetary, NW of S.
University Ave. & S. of 6th Street
43 LSD Approval - Eastside Missionary Baptist Church, Dennis
Becker, W. side Crossover Rd.; S. ,Wyman Rd. intersection
44 LSD Approval - Ramay Junior High School, Fayetteville Public
Schools, 401 S. Sang
45 LSD Approval - Woodland Junior High School, Fayetteville
Public Schools, corner of Poplar & Woodland
46 LSD Approval - Trinity Evangelical Free Church, Joel Walters,
2091 Joyce Street
47 Wavier of Subdivision Regs. - Lot Split #1, Glen Woodward,
1513 W. 6th Street
48 Wavier of Subdivision Regs. - Lot Split #1, Dr. James Walker,
S . of Harold Street
49 Wavier of Subdivision Regs. - Lot Splits #1 & #2, Forrest
Drake, W. of Stone Bridge Rd.
50 CU - Tandem Lot, Forrest Drake, W. side of Stone Bridge Rd.
51 Resubmittal of Preliminary Plat - Melanda West Subdivision,
Norman Gabbard, Velda Court, E.of One Mile Rd.
52 CU - Antique & Craft Shop, Sharon Stiles, 102 N. School
53 Resubmittal of LSD - Eastside Missionary Baptist Church,
W . side of Crossover Rd., S. of Wyman Rd. intersection
54 Final Plat - Fred Starr Estates ( Formerly Sherwood Estates II)
Joe Fred Starr, E. of Lover's Ln. & Canterbury Rd.
55 LSD plan Approval - Superior Industries, Terry McConnell,
1901 Commerce Drive
56 Preliminary Plat - Oakland View Subdivision, Curtis Wray,
David Mix, & Jerry Johnson, Gulley Rd. (W.C. 345)
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57 R89-16 - Nellie Shofner, SE corner of Huntsville & Hunt Ln.
58 Revised Preliminary Plat - Yorktowne Square Ph.III, W. Bishop
N. of Stubblefield Rd. & W. of Old Missouri
59 Large Scale Development Packaging Specialties
60 Final Plat Fayetteville Industrial Park
60 Final Plat Foster Addition
61 North Hills Medical Park
62 Public Hearing -Rezoning
63 Public Hearing-Braum's Ice Craem Co.
64 Public Hearing -Nell Lance
65 Conditional Use For Mini Storage
65 Conditional Use For Home Occupational
66 Final Plat of Melanda West Subdivision
66 Preliminary Plat of Meadowridge Subdivision
67 Preliminary Plat of Heather Heights Subdivision
67 Final Plat of North Hills Medical Park
68 Waiver of the Subdivision Regulations (Lot Split 1,2 & 3)
69 Waiver of the Subdivision Regulations (Lot Split #1)
70 Waiver of the Subdivision Regulations (Lot Split #1)
71 Waiver of the Subdivision Regulations (Lot Split #1)
72 Final Plat of Vantage Square, Unit 2 Subdivision
73 Preliminary Plat of Hyland Park, Phase 6 Subdivision
74 Preliminary Plat of Fiesta Park, Phase 1,11, & 111 Subdivision
75 Large Scale Development - Hill Motor Co.
76 Waiver of the Subdivision Regulations (Lot Split #1)
76 Waiver of the Subdivision Regulations (Lot Split #1)
77 Final Plat of Heather Heigths Subdivision
77 Preliminary Plat of Mission Estates
78 Final glat of Hemingway•P.idge_Subdivision, Phase 1
79 Waiver of Subdivision Regulations (Lot Split #1)
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