HomeMy WebLinkAbout1989-04-24 Minutes•
MINUTES OF A NESTING OF THE
FAYETTEVILLE PLANNING COMMISSION
A meeting of the Fayetteville City Planning Commission was held on April 24,
1989 in the Board of Directors Room in the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT: J.E. Springborn, Ernie Jacks, Julie Nash,
Gerald Seiff, Jerry Allred and Fred Hanna
MEMBERS ABSENT: Jack Cleghorn, J. David Ozment and Gerald
Klingaman
OTHERS PRESENT: John Merrell, Don Bunn, Elaine Cattaneo,
Larry Wood and Elvie P. Heiney
MINITFFS
The minutes of the regular meeting of April 10, 1989 were approved as
distributed.
• PUBLIC HEARING - REZONING PETITIONS OR89-12 THROUGH 15
REGIONAL NATIONAL CEMETERY - NW OF S. UNIVERSITY AVE, -SOF -6TH ST
The second item on the agenda was a public hearing for rezoning petitions #R89-12
through R89-15 submitted by Regional National Cemetery and represented by Elvie
P. Heiney for 4 tracts of property located on the north end of South University
Avenue and zoned R-2, Medium Density Residential. The request was to rezone
these 4 tracts of lands to A-1, Agricultural.
John Merrell, City Planning Director, stated that this is four separate pieces of
property althoughthey are contiguous and the purpose of these rezonings is to
add some additional room to the possible future expansion of the National
Cemetery. Mr. Heiney's organization is in the middle of a major effort to
acquire additional property adjacent to the cemetery and right around the
cemetery for this purpose. As the staff understands it, the cemetery is filling
up rapidly with only a little over a hundred spaces for future burials left. He
advised that the staff report on these petitions included in the agenda is pretty
straightforward. All four rezonings are from R-2 to A-1.
Mr. Merrell stated that Fayetteville's zoning ordinance is the first ordinance he
is ever encountered that required a cemetery to be in an Agricultural zone. He
added that he doesn't understand that because he is never seen anyone try to
raise crops or livestock in a cemetery. He advised that the staff is
recommending that these rezonings be approved, however, he has stated in the
staff report that he thinks a better way to handle this in the future with the
new zoning ordinance is to allow a cemetery as a Conditional Use in selected
residential zoning districts. He commented that cemeteries are rarely a problem
for anyone and they are usually located in or around a residential area and not
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Planning Commission
April 24, 1989
Page 2
in a commercial area Not only do they not cause problems as a
but often times in a built up residential area, they are sort of a
other urban land uses. Therefore, the staff is recommending that
be approved.
general rule,
rest from the
each rezoning
Chairman Jacks asked if all of these particular pieces of property that are being
petitioned for rezonings are owned now by the National Cemetery Association. Are
these applications signed by the owner of the property. Mr. Merrell stated that
Mr. Heiney's organization has entered into a contract with the owner's
conditioned upon the rezoning being approved by the City.
Mr. Heiney advised that the National Cemetery owns three of these tracts (10, 1
and 1-A) but A. R. Christie owns tract 11 and he signed a letter authorizing them
to act in his behalf. Mr. Merrell advised that they do have the letter from Mr.
Christie on file.
Chairman Jacks agreed with Mr. Merrell's statement that this should maybe be a
Conditional Use, but he doesn't agree that cemeteries are noncontroversial items.
He added that last year they had a big controversy about the expansion of
Fairview Cemetery over into Old Wire Road.
Mr. Heiney stated that he is the president of the Regional National
Corporation which was formed solely for the purpose of raising funds to
land to donate to the Federal Government for expansion of the cemetery.
the 3rd of April, there were only 123 vacant spaces left there and
burying at an annual rate of 120 per year. Therefore, -'.they: have to
land. One of these tracts in question today has a residence on it but
going to move that residence and do away with the underground utilities.
Cemetery
purchase
As of
they are
get more
they are
Chairman Jacks asked if anyone in the audience wanted to speak in favor or in
opposition to this.
Bucky Crouch
vote in favor
that everyone
the Federal Government
veterans in this area
would go to what the
of 426 East Lafayette Street stated that he would like to cast a
of that cemetery expansion simply because it is needed. The thing
doesn't know is if that cemetery is filled, it will be closed and
has no intention of expanding it on their own. Therefore,
( quite a distance in Oklahoma, Missouri and Arkansas)
Federal Government desires which is
cemetery possibly located somewhere as far away as
Heiney's organization wants to accomplish is to add a
it is all accomplished, they will have enough spaces to
a large regional
Houston. The plan that Mr.
few more spaces. Then if
last 30 or 40 years.
MOTION
Commissioner Nash moved to approve these rezonings as requested, seconded by
Hanna. The motion to approve passed 6-0-0.
Planning Commission
April 24, 1989
Page 3
APPROVAL OF LARGE SCALE DEVELOPMENT PLAN OF EASTSIDE MISSIONARY BAPTIST CHURCH
DENNIS BECKER - W SIDE OF CROSSOVER ROAD JUST SOUTH OF WYMAN ROAD INTERSECTION
The third item on the agenda -was-the Large Sca a Development Plan of Eastside
Missionary Baptist Church represented by Dennis Becker, Architect, located on the
west side of Crossover Road just south of the Wyman Road intersection. The
property is zoned R-1, Low Density Residential with a Conditional Use granted in
1985.for a church in an R-1 zone.
Don Bunn advised that water and sewer is directly available to the site and none
of the other utilities have a particular problem in serving this site. There is
a 25' utility easement to be granted adjacent to Crossover Road which needs to be
granted by a separate instrument. He added that there was a question about the
access as far as sight distance is concerned. Since that is a State Highway, the
decision to grant ingress/egress does lie with the State Highway Department and
the City would certainly approve of anything that the highway department approved
of. It is the staff's recommendation that the Large Scale Development Plan be
approved.
Commissioner Nash stated that the Subdivision Committee approved this but there
were some comments and things they wanted changed on the plat. She stated that
Mr. Becker was going to correct it and give them a new copy of the plat. She
advised that she didn't have a new copy of the plat. One of the questions they
had was whether or not there was a flood plain on this area and if so it needed
to be marked on the plat. Mr. Becker stated that the drainage cuts across maybe
40' of the southwest corner of the four and one half acres.. The elevation there
is 1,200 feet and the church sits at about 1,220 feet so there isn't any flood
plain situation.
Commissioner Nash stated that there was a question about the existing sewer
easement and asked if it was shown on the revised plat. Mr. Becker stated that
the City Sewer Department shows a 25' easement on the west side. He added that
he had asked at the Subdivision Committee if they wanted these changes and was
told just to come up with the answers. He stated that they have a 20' setback
indicated so they would be looking at 12.5' vs. 20'. Commissioner Nash advised
that they had actually asked him to put all this information on a revised plat
for this meeting tonight but he didn't have to resubmit (go through the process
again). Mr. Becker stated that he has it noted and has the driveways across the
street on Crossover noted if they would like to look at it. Commissioner Nash
clarified that he hadn't made up a new plat for this meeting. She commented that
they had approved this as far as subdivision regulations; however, since the plat
hasn't been revised she would move to table this for two weeks until they can get
a revised plat.
MOTION
Commissioner Nash moved to table this Large Scale Development Plan until they can
get a revised plat, seconded by Hanna. The motion passed 4-2-0 with Allred &
Jacks voting "no" and Seiff, Springborn, Hanna & Nash voting "yes".
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Planning Commission
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APPROVAL OF THE LARGE SCALE DEVELOPMENT PLAN OF RAMAY JUNIOR HIGH SCHOOL
FAYETFEVILLE PUBLIC SCHOOLS - 401 SOUTH SANG
The fourth item on the agenda was a Large Scale Development Plan for Ramay Junior
High School submitted by Fayetteville Public Schools and represented by Newton
Hailey, Hailey -Powers Architects, located at 401 South Sang Avenue and zoned P-1,
Institutional containing 40 acres
Don Bunn stated that there were no major problems with utilities. However, there
may be some on site utility relocations required but they will deal with that as
the problems come along. No other easements were required except those that are
already existing. There is a drainage channel along the east side (along Sang
Street) that they will have to look at and may have to be enlarged or at least
cleaned out to handle the flow. There were no real problems as far as the
Planning staff is concerned associated with the project.
Commissioner Nash stated that the Subdivision Committee had approved this subject
to Plat Review and there was nothing that needed to be added such as flood plain
or wooded areas. The plat was up to specs.
Newton Hailey stated that the Citizens Advisory Committee was formed by the
School Board several years ago to make recommendations as far as future school
plans are concerned. It was their recommendation thatboththis site -and the
Woodland Junior High School site be enlarged to house 1,000 students. Presently,
they both house 700 to 750 students. There is approximately 32,000 square feet
at each site with extensive grading which has led to some necessity of removal or
relocation of two trees at Ramay and eight trees at Woodland.
Mr. Hailey advised that Marvin Price and Dr. Simpson of the Schools, Mike Green
who is the engineer and Bill Browner from his office are all present at this
meeting. Marvin Price, the director of the facilities, has worked with Parks and
Recreation to help get planting going on the combination elementary school/parks
that are throughout town. They will review these trees prior to construction and
if possible and practical, they will try to relocate. If not, there is a tree
planting program that Mr. Price has in place. Mr. Hailey advised that they agree
with all of the City Engineer's comments. As far as parking, they have shown 151
cars at Ramay and a few more than that at Woodland which exceeds the requirements
by about 1/3. He advised that they have added 17 parking spaces and moved the
entrance into the parents drop-off to the North by approximately 40' from Stone
Street. There are no other changes to car or bus access or the traffic patterns.
There will be 25 teaching spaces at Ramay and the intention is to group the ninth
grade together.
Chairman Jacks if anyone else wanted to speak on this project. There being no
response, it was opened to the Planning Commission.
MOTION
Commissioner Hanna moved to approve the Large Scale Development Plan for Ramay
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Planning Commission
April 24, 1989
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Junior High School subject to Plat Review comments, seconded by Seiff. The
motion passed 6-0-0.
APPROVAL OF THE LARGE SCALE DEVELOPMENT PLAT FOR WOODLAND JUNIOR RIGH SCHOOL
FAYRITEVILLE PUBLIC SCHOOLS - CORNER OF POPLAR AND WOODLAND
The fifth item on the agenda was the Large Scale Development Plan of Woodland
Junior High School submitted by Fayetteville Public Schools and represented by
Newton Hailey, Hailey -Powers Architects, and located at the corner of Poplar &
Woodland. Property is zoned P-1, Institutional and contains 16.05 acres.
Don Bunn stated that there didn't seem to be any access problem as far as
utilities are concerned but there was quite a bit of relocation of the various
utilities that are going to be required on site. That will be taken care of as
the plans and the construction actually develops. There was a request for a 20'
utility easement to be granted along Poplar and Woodland Streets which needs to
be granted by a separate instrument and recorded at the Court House. There was a
drainage problem as far as the sizing of drainage on Poplar Street and on the
revised plat they showed an extension of that drainage all the way to a ditch
that is located east of the property. It is the Staff's recommendation that the
Large Scale Development Plan be approved.
Commissioner Nash stated that the Subdivision Committee approved the Large Scale
Development. There was a great deal of discussion about underground utility
easements being moved, but everyone agreed on what should be done. She commented
that Mr. Hailey stated that if the staff would prepare an easement document, they
would sign it. Mr. Bunn stated that it hasn't been done yet but they will take
care of it.
Mr. Hailey stated that about seven people had came by their office to look at
their drawings for these schools. He commented that they had added 48 parking
spaces along the east side of the property to use as access back to the bus. The
east wing of this property will contain seven classrooms plus a new band building
which generates a lot of traffic. The west side contains seventeen classrooms
which will become a 7th Grade center to concentrate the seven graders in that
wing. They have relocated the bus drop-off which the west wing will sit astride
of and replaced it with a two -throated driveway with an elongated "U" shape along
Woodland on the west side. According to the staff count, there have been seven
buses at one time stacked up over there so that driveway is sized to hold eight
at this point. The minimum parking requirement would be 106 and they are
proposing 156 with no other changes as far as traffic flow in and around that
site which is a congested, crowded site. There are no changes planned for the
athletic field as access to the gym but they will take out the parking lot in the
middle that the buses now loop and are replacing that with parking on the east
side. There is a little existing house that the school owns and it will be
removed and a new driveway built on the northeast corner of the property.
Chairman Jacks asked if anyone else wanted to speak in favor or opposition of
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Planning Commission
April 24, 1989
Page 6
this.
Jim Wisman who is a property owner on the west side of this school stated that
traffic flow in and around Woodland Junior High School is a real challenge in the
morning and afternoon. He noted that he has calculated that as being a 42%
increase if they are anticipating an enrollment of up to 1,000 from 700. That
will probably represent a 50% increase in traffic flow. He commented that he is
concerned about how they will handle the traffic in the morning and afternoon and
he asked if any thought had been given to drastic changes in how traffic patterns
are handled. He added that he thinks it is a City problem and it needs to be
addressed. Mr. Bunn, City Engineer, stated that he isn't aware of any plans on
the books to alleviate any traffic problems in that area. Mr. Wisman advised
that the school system is a good neighbor and he is not speaking in opposition as
much as he is trying to point out some limitations that exist now and will become
worst. Traffic flow during the regular school day is one problem and parking for
extracurricular activities when they take place in the gym is another problem
The plan as he interprets it is indicating that they are losing parking spaces in
the very places where they are needed most which is around or near the gymnasium.
On the east side there is a lot of additional parking shown but it won't be
utilized very well at extracurricular activities because people will not walk
that far. They will come over and park on Woodland Avenue and block their
driveway. Also water drainage is a problem and when they built the gymnasium they
changed the contour and flow of water and it became a very severe problem on
Woodland Avenue. As a result, the City and the school cooperatively built a
storm sewer which is the existing storm sewer that runs on the east side of
Woodland Ave. He asked if that storm sewer is going to be removed. Mr. Hailey
answered, no, it would actually be increased. Mr. Wisman stated that there is a
tennis court located on the east side of the property and the drawing shows that
the tennis court is set for removal. The school is contemplating the sell of
some of that property to Larry Woodruff with the provision that the tennis court
is not to be perturbed in any way. Mr. Hailey stated that they are planning to
remove the tennis court. Mr. Simpson stated that they are aware of it.
Commissioner Seiff stated that one way the traffic could be alleviated very
sensibly would have to do with the scheduling of the classes. Perhaps the school
board would consider spreading the classes out so that the traffic would be
thinned out a little bit.
Commissioner Nash asked if they could get an impact study from Perry Franklin,
Traffic Superintendent. Mr. Merrell stated that they can meet with Mr. Franklin
and have him prepare a report and provide a recommendation to the City if they
want to table this for two weeks. Chairman Jacks stated that they might look
forward to the City making this a priority item.
Commissioner Springborn stated that he likes the idea of scheduling the opening
of the school. He added that in some large cities with traffic situations
industry has gone to "flex hours" which goes a long way toward alleviating the
congestion at particular hours. This could also be done as far as schools are
concerned.
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Planning Commission
April 24, 1989
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MOTION
Commissioner Hanna moved to approve the Large Scale Development Plan subject to
Plat Review Comments, seconded by Springborn and followed by discussion.
Chairman Jacks clarified that what this amounts to is that they would indeed
approve it with the understanding they are going to ask the City Traffic
Superintendent to look into that. Commissioner Seiff stated that they should
also include the school system looking into the scheduling situation.
Commissioner Hanna advised that both of these things are just notations because
that would be the duty of the School Board and the traffic and the drainage is
the duty of the City. Chairman Jacks stated that would not be part of the
motion.
The motion passed 6-0-0.
• APPROVAL OF LARGE SCALE DEVELOPMENT PLAN OF TRINITY EVANGELICAL FREE CHURCH
JOEL WALTERS - 2091 JOYCE STREET
The sixth item on the agenda was a Large Scale Development Plan of Trinity
Evangelical Free Church submitted by Joel Walters for property located at 2091
Joyce Street and zoned A-1, Agricultural, with a Conditional Use being granted in
January of 1989 for a church in an A-1 zone. Property contains 1.21 acres.
Don Bunn, City Engineer, stated that utilities are available to the property with
no problems and Joyce Street has already been improved in this area. There are
existing access points(curb cuts) to this property. However, a sidewalk is
required along Joyce Street and they would accept either construction of the
sidewalk or a Bill of Assurance to construct it. He commented that the staff
recommends that the Large Scale Development Plan be approved.
Chairman Jacks stated that the legality of the matter is that the developer has
to offer a Bill of Assurance on the sidewalk. Mr. Walters stated that they do
offer a Bill of Assurance on the sidewalk.
Commissioner Nash stated that the Subdivision Committee approved this. She added
that they don't have a copy of the new plat. She asked Mr. Walters if he had
added the information that was asked for. Mr. Walters stated that he has
submitted a sheet with the information on it which each Commissioner has a copy
of. He added that the architect has not penciled it in on the master plan yet
however.
• Mr. Walters stated that this is a small Large Scale Development especially for
Joyce Street and they have a simple plan with no foreseen problems.
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Planning Commission
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Chairman Jacks asked if anyone in the audience would like to speak in favor or in
opposition to this. There being no response, discussion took place among the
Planning Commissioners.
NOTION
Commissioner Seiff moved to approve the Large Scale Development Plan subject to
Plat Review comments and a Bill of Assurance for the sidewalk, seconded by Hanna.
The motion passed 6-0-0.
WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT #1
GLEN & LINDA WOODWARD - 1513 W 6TH STREET
The seventh item on the agenda was a request for a waiver of the subdivision
regulations - Lot Split #1 submitted by Glen & Linda Woodward for property
located at 1513 West 6th Street and zoned C-2, Thoroughfare Commercial.
Don Bunn stated that the original property contains approximately 1.8 acres and
the split will create two lots with one being .75 acres and one being just over 1
acre. He advised that water is available for both of the lots in question.
However, sewer is apparently not directly available to Tract B so the sewer will
have to be extended to serve that property. It is the staff's recommendation to
approve the Lot Split subject to the extension of public sewer to serve Tract B
and the provision that they meet with the other utilities as far as access to
those utilities to make sure they do all have access. If additional easements
are required by the utilities, those should be granted. Mr. Bunn stated that he
is requiring this as a result from complaints from some of the utility companies
that when lot splits occur, they sometimes have a problem in serving them after
the fact.
Chairman Jacks stated that lot splits don't normally go to Plat Review unless
they meet the Large Scale Development criteria and only one of these lots will be
over an acre so it will go through the Large Scale Development process when it is
developed.
Commissioner Hanna asked why his report didn't include the payment of the proper
parks fees as the other lot splits have. Mr. Bunn stated that the parks fees are
not required on commercial property, only residential.
George Faucette, representative for Glen & Linda Woodward, stated that they will
make the necessary easements across Tract A to Tract B as required by the City.
NOTION
Commissioner Seiff moved to approve the Lot Split subject to the utility sign -
offs and easement requirements, seconded by Springborn. The motion passed 6-0-0.
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Planning Commission
April 24, 1989
Page 9
WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT O1
DR JAMES & SHIRLEY WALKER - S OF HAROLD STREET
The eighth item on the agenda was a request for a waiver of the subdivision
regulations - Lot Split 111 submitted by Dr. James & Shirley Walker for property
located on the south side of Harold Street and zoned R-1, Low Density
Residential.
Don Bunn stated that this property is located on Harold Street just east of
Loxley. The original tract is 200' x 180' and the proposal is to divide it into
two lots of .04 acre each. He advised that the staff is recommending approval of
this split on three conditions: 1) public sewer will have to be extended to
serve each tract although water is available, 2) the other utilities be
contacted by the applicant and are giving a chance to ask for additional
easements if that is required in order for their service to be taken to the lot,
and 3) the payment of the required parks fees.
Mr. Bunn added that Harold Street has already been improved in front of this
property as part of the subdivision that is located to the East.
Chairman Jacks stated that the property to the West of this is larger pieces of
property and the subdivision to the East has smaller pieces of properties. He
asked if this is a part of the original subdivision. Mr.; Bunn answered, no, he
didn't think so. Chairman Jacks stated that he is wondering if with this lot
split they would be getting into a conflict about the size of the property. He
added that they seem to be making smaller lots back toward the West and this
request is on the edge of the subdivision to the East. Mr. Bunn stated that the
lots in the subdivision are 72' x 180' and then this lot is 100' x 180'.
Chairman Jacks stated that his point is that the properties to the West of the
Stubblefield Subdivision were larger lots and with this request they are
beginning to extend the smaller lots into the larger lot properties. Mr. Bunn
stated that the lots on Loxley appear to be somewhat larger. Commissioner Seiff
stated that he didn't think that is so because they have already had the approval
of the subdivision to the East so they were smaller before this lot split was
requested. This lot split is larger than what is already approved. Mr. Bunn
stated that their view of it was that it was smaller than the lots on Loxley but
somewhat larger than the ones in the subdivision so they are looking at a
transition there. Chairman Jacks stated that he is concerned as to whether they
are affecting the properties to the West by extending the smaller lots.
Counissioner Seiff asked if the sewer would be coming down Harold Street. Mr.
Bunn stated that the sewer would be extended about 130' from a manhole that is
located East of this property in order to pick up both properties.
Commissioner Nash asked if the lot size figures that he had given exclude
easements from their total square footage. Mr. Bunn stated that the easements
wouldn't come off the size of the lot or cut into the buildable area.
Dr. Walker stated that the point Commissioner Jacks raised has already been done
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Planning Commission
April 24, 1989
Page 10
in this area with the three smaller lots directly north of this and this property
that they are proposing to split has never been a part of the split.
Dr. Walker noted that utilities are present on the South side. He stated that he
originally purchased this property to develop a private botanical gardens so
there are something like 60 or 70 flowering trees of ten years of age which will
be preserved. He requested that they consider waiving the parks fee since he has
created a public park in affect for people driving by. Commissioner Seiff stated
that he was planning to bring that up.
Chairman Jacks stated that the parks fee is for public parks. He asked if the
public would have access to this. Dr. Walker stated that the public drives by
frequently.
Chairman Jacks asked if anyone else in the audience would like to speak to this.
John Merrell, City Planning Director, stated that he and Don Bunn had
collaborated on the parks fees question and they feel that the Parks Board would
have to make that decision but the Planning Commission can make a recommendation
to the Parks Board.
Commissioner Allred stated that he would like to have this in two motions.
MOTION
Commissioner Seiff moved to approve the lot split subject to City staff requests
and recommendations, seconded by Hanna. The motion passed 6-0-0.
MOTION
Commissioner Seiff moved that the Planning Commission request the Parks Board to
review the need for a parks fee based on the status of the property as long as
that property will be kept that way. The motion died for the lack of a second.
Commissioner Springborn stated that it is his understanding that they can either
reject or approve the parks assessment.
MOTION
Commissioner Springborn moved to waive the parks fee requirement subject to
concurrence of the department, seconded by Seiff and followed by discussion.
Chairman Jacks advised that having been on the Committee that wrote that Parks
ordinance, he feels that it is a very dangerous precedent to waive parks fees
for non-public properties. Commissioner Hanna agreed that he doesn't think it
meets the criteria for public park use that has been set for the Parks Board to
go by although it is nice area. It would be hard to deny someone next year with
the same situation.
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Planning Commission
April 24, 1989
Page 11
In answer to a question from Commissioner Seiff, Chairman Jacks stated that the
parks fee is $105.00. Commissioner Nash advised that the parks fee ordinance
states that the Board of Director may waive the parks fee but the Planning
Commission can only recommend to the Board that it should be considered.
Commissioner Seiff took back his second to the motion.
Don Bunn stated that what the Parks Board does is to decide whether a particular
development pays cash or whether they donate land which is the extent of their
involvement in it. They can't waive the parks requirement either.
Commissioner Allred stated that his concern is that if someone put in a privacy
fence then they would have defeated the purpose of the parks requirements.
Commissioner Springborn noted that his motion was out of order because the
Planning Commission doesn't have the authority to waive that requirement.
WAIVER OF TBE SUBDIVISION REGULATIONS - LOT SPLITS U1 & U2
FORREST DRAKE - W OF STONE BRIDGE RD
The ninth item on the agenda was a request for a waiver of the subdivision
regulations - Lot Splits #1 & ll2 submitted by Forrest:Drake for property located
on the west side of Stone Bridge Road between Highway 16 East and Wyman Road.
Don Bunn stated that this is two lot splits off of a 5 acre tract that are being
presented as the same item. As the plat shows, he is proposing two lots of 140'
x 105' each which are noted as Lots 1 & 13 with a 50' strip in between. He added
that what the intent is here is that Mr. Drake is planning to eventually to
create a subdivision. Right now he wants to go ahead and split two lots and
build houses with the understanding that the 50' strip here severely limits what
he is allowed to do with the remaining 4 1/3 acres. It practically forces him to
eventually subdivide the property. The most he could do with it under this
condition assuming the lot splits are approved is to create another tandem lot in
addition to the one it is creating already with a total of four residences
potentially. However, his intent is to eventually subdivide the property. The
staff's recommendation is to approve the splits with four conditions: 1) a
dedication of sufficient right-of-way along Stone Bridge Road to bring the total
right-of-way on the west side to 25' which will require an additional 5' of
dedication across the entire front of the property, 2) a dedication of a 20'
utility easement off both the north and south sides of Lots 1 & 13 which will
have to be dedicated in a separate legal instrument, 3) coordination with the
other utilities particularly since this is eventually planned to be adjacent to a
subdivision and make sure they are granted the necessary easements, 4) and the
payment of the necessary parks fees.
Chairman Jacks stated that he is surprised that the City Engineer isn't asking
for off-site improvements. Mr. Bunn stated that the off-site improvements need
to come at the time of a subdivision because he may never do anything here.
Planning Commission
April 24, 1989
Page 12
Commissioner Nash asked if it is standard procedure for a developer rather than
applying for a subdivision to split lots over and over and therefore avoid the
subdivision regulations. Mr. Bunn stated that he didn't think that was the
intent here.
Chairman Jacks stated that the tandem lot ordinance is to reach properties which
have topographical or terrain problems. This property should be developed as a
normal subdivision.
Commissioner Allred asked with a development such as this with a 50' right-of-
way for future street, how are the setbacks handled on the two lots that are
there. Mr. Bunn stated that they would have to require the setback that is
required for that zone off of street frontage.
Chairman Jacks stated that this will put two additional accesses onto Stone
Bridge Road that they wouldn't have with a subdivision. He advised that the way
Mr. Drake is approaching this is sort of backwards from the way they normally do
it and the way they think it should be done. Forrest Drake stated that he didn't
have the money to do the subdivision right now.
Mr. Bunn stated that he has been consulting with Mr. Merrell and they feel they
should have an condition to assure that if this property has anymore development
than the two lots, then off-site improvements would haveto be included and that
it could not be split again without a subdivision although the ordinance allows
for three splits. Mr. Drake agreed with these conditions.
Commissioner Hanna stated that Mr. Drake could take 15' off of each one of those
lots on either side to get the required frontage of 70' and he wouldn't have to
ask for a tandem lot so he doesn't think they should even consider the tandem
lot. If they put in the motion that when there is any other development done, a
road would have to be built in and the lots subdivided. Mr. Bunn stated that if
they approve the lot splits as they are but don't approve the tandem lot, then
that would effectively prevent anything else from being done there without a
subdivision.
MOTION
Commissioner Hanna moved to approve the Lot Splits as requested with the comments
and recommendations made by the City staff plus the comment that no further
development be made until it is actually subdivided with the off-site
improvements being required at that time, seconded by Nash and followed by
discussion.
Don Bunn stated that in the future development Lots 1 & 13 would be counted in
terms of off-site improvements with that frontage being counted as far as
improvement of Stone Bridge Road is concerned.
Commissioner Hanna explained the off-site improvement condition to Mr. Drake and
he agreed to it.
Planning Commission
April 24, 1989
Page 13
The motion to approve passed 6-0-0.
CONDITIONAL USE FOR A TANDEM LOT
FORREST DRAKE - W SIDE OF STONE BRIDGE ROAD
Chairman Jacks stated that the Conditional Use for a tandem lot probably doesn't
need to be acted on. Commissioner Hanna agreed that there is no use to vote on
that tandem lot because Mr. Drake doesn't intend to build on the big lot in the
middle and if he did he would have to come back and get a conditional use for a
tandem lot.
Chairman Jacks advised that they need to vote on the tandem lot or Mr. Drake
would have to ask that this item be withdrawn from the agenda. Mr. Drake stated
that he would withdraw it.
Chairman Jacks advised that when he gets ready to do the subdivision, he will
need to ask for a tandem lot conditional use.
OTHER BUSINESS
• SPRINGDALE PLANNING COMMISSION
Chairman Jacks advised that they have a notification from the Springdale Planning
Commission which has to do with a rezoning from A-1 to R-1 on a piece of property
which is contiguous to the City of Fayetteville. Mr. Merrell stated that the
proposal is to rezone this property which is actually two lots next to each other
and adjacent to the City. The owner is proposing to build one house at this
time. He added that he doesn't know if there is any action required by the
Planning Commission but they wanted to bring it to their attention. Larry Wood,
Northwest Regional Planning, stated that they didn't need to make any comments
unless they had negative comments.
WASHINGTON COUNTY PUBLIC HEALTH CENTER LETTER
Chairman Jacks advised that he has received a letter from the Washington County
Public Health Center which is providing them with some general information which
talks about the requirements for septic systems and such. Apparently the County
is requiring people to submit plans to the Health Department.
TRAFFIC SUPERINTENDENT AT PLAT REVIEW MEETINGS
Commissioner Springborn stated that the matter came up again at this meeting
regarding traffic problems. The traffic questions are asked of Don Bunn usually
and he generally isn't knowledgeable enough on the problem or is not in the
position to give information. He added that it seems that they can bring a lot
of this more into prospective if they require that the Traffic Superintendent
attend the Plat Review meetings so that if they see that the development involves
50
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Planning Commission
April 24, 1989
Page 14
a traffic problem, they can put the question to the Traffic Superintendent
directly.
MOTION
Commissioner Springborn moved to require that the Traffic Superintendent attend
the Plat Review meetings, seconded by Nash and followed by discussion.
Commissioner Allred asked if they have the authority to require that a City staff
employee attend committees. Chairman Jacks stated that he thought they could do
that but he thought that Perry Franklin already attended Plat Review meetings.
Mr. Merrell stated that he attends the meetings on a sporadic basis. He added
that he and the City Manager had discussed the possibility of doing some
restructuring of that Plat Review Committee which would probably result in Perry
Franklin being made an official regular member of that Committee. This
restructuring was going to be done in conjunction with the adoption of the new
ordinance, but he thinks the Planning Commission has the prerogative to make that
request and he will pass it on to Jim Pennington.
Chairman Jacks stated that maybe it would be possible to anticipate problems
with traffic situations on particular development and ask Mr. Franklin to attend
Subdivision Committee meetings when it is needed. Commissioner Hanna stated that
they could have everybody look at the traffic situation at Woodland Junior High
School but there is not much that could be changed aboutthat situation around.
Woodland.
Commissioner Allred stated that he thinks they are setting city policy that they
don't have any jurisdiction over. They may be able to request that he be at
these meetings but they don't have the authority to require it.
AMENDMENT TO MOTION
Commissioner Springborn amended his motion to "request" and not "require" that
the Traffic Superintendent attend the Plat Review meetings, seconded by Nash.
The motion passed 6-0-0.
GENERAL PLAN/ORDINANCE UPDATE
John Merrell stated that things are going smoothly with the general
plan/ordinance project. He expects to hear from Al Raby by the end of this week
such that at the next meeting, they should have a report. He added that they are
going ahead and doing an opinion survey of some of the local buildings and
developers and realtors. The questionnaire is basically issues on zoning and
subdivisions. Dale Christy has been asked to give them a distribution list so
he will have a report on that for them at the next meeting.
• There being no further business, the meeting was adjourned.