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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 z s • • • 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". 113 • • • Planning Commission April 24, 1989 Page 4 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 a4 • • • Planning Commission April 24, 1989 Page 5 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 "�5 • • • 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. • Planning Commission April 24, 1989 Page 7 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. • • • Planning Commission April 24, 1989 Page 8 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. L7 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 4a • • • 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. • 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 • • 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.