HomeMy WebLinkAbout1989-08-14 Minutes•
MINUTES OF A MEETING OF THE
FAYSITEVILLE CITY PLANNING COMMISSION
A meeting of the Fayetteville Planning Commission was held on Monday, August 14,
1989 in the Board of Directors Room of the City Administration Building, 113 West
Mountain Street, Fayetteville, Arkansas.
MEMBERS PRESENT:
Jerry Allred, J.E. Springborn, Jack Cleghorn, Ernie
Jacks, Fred Hanna, Gerald Klingaman, J. David Ozment
and Gerald Seiff
MEMBERS ABSENT: Julie Nash
OTHERS PRESENT: Don Bunn, Elaine Cattaneo, Larry Wood, members of the
press and others
MINUTES
The Minutes of the Planning Commission meeting of July 24, 1989 were approved
as distributed.
• PUBLIC HEARING - REZONING REQUEST R89-20
LEE AND EFFIE PENNINGTON - NW CORNER OF OLD FARMINGTON.& SHILOH DR
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The second item on the agenda was a rezoning request submitted by Lee & Effie
Pennington and represented by Kirk Elsass of Lindsey & Associates for property
at the corner of Old Farmington Road and Shiloh Drive containing 1.72 acres.
Request was to rezone from A-1, Agricultural, to C-2, Thoroughfare Commercial.
Chairman Jacks stated that they would look at staff reports first and then open
the public hearing and have comments from those in favor of or against. He noted
that the cover letter from the planning director, Mr. Merrell, indicates his
approval of all the rezoning requests tonight.
Kirk Elsass of Lindsey & Associates spoke for both of the rezonings in this area.
He noted that the property of this rezoning is not marketable. All the property
behind it is zoned C-2.
Commissioner Springborn asked if the requested property for rezoning is to be
combined with the one to the west of it. Mr. Elsass explained that the
properties need to be combined to be able to market them.
Commissioner Klingaman asked if this property behind is where the new Ozark
Organic Food Warehouse is to be located. Mr. Elsass explained that the warehouse
project was not completed because of financing and the property is not presently
under contract at all.
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Planning Commission
August 14, 1989
Page 2
MOTION
Mr. Allred moved to recommend approval of the rezoning as requested, seconded
by Cleghorn and followed by discussion.
Chairman Jacks stated that he searched Minutes from past rezonings in this area.
He noted that the property at the corner of Old Farmington and the service road
has been before the Planning Commission several times. The first was the SW
corner of that intersection asking for C-2 zoning and there was a lot of
controversy on it. At that time, the decision was made to let the Old Farmington
Road be the northern boundary of C-2. Then 10 acres behind the service road was
petitioned for a rezoning and with testimony from the general manager of the
Ozark Cooperative Warehouse as well as the architect, the Planning Commission
moved to grant the request to rezone to show that commercial development could
be compatible with the environment. He said this looks like pure and simple
land speculation directed at strip zoning the bypass into commercial property.
Commissioner Springborn stated that he believes that Mr. Jacks made a good point
and he has some reservations about seeing the change of zoning continue out there
with nothing but the prospect of promoting development.
• The motion to grant the rezoning passed 5-3-0 with Hanna, Klingaman, 0zment,
Cleghorn, & Allred voting "yes" and Jacks, Seiff &.Springborn voting "no".
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PUBLIC HEARING - REZONING R89-21
MORRIS I. BARNES AND VERNON & CATHERINE LIRELY - ALONG SHII.OH DRIVE
The third item on the agenda was a rezoning petition R84-21 for property located
along Shiloh Drive, north of Old Farmington Road containing 1 acre submitted by
Morris Barnes and Vernon and Catherine Lirely and represented by Kirk Elsass of
Lindsey & Associates. Request was to rezone from A-1, Agricultural, to C-2,
Thoroughfare Commercial.
Commissioner Seiff asked Mr. Elsass what the present plans for development were.
Mr. Elsass replied that there is a need for rezoning the one acre because there
is no way to market the property as it is.
Commissioner Klingaman asked if this acre is not zoned C-2, is a lesser zone a
possibility because it is an unhandy piece of ground.
Commissioner Seiff stated his original feelings were the same as Chairman Jacks
and a line needed to be drawn someplace. He wants to move his line farther north
but not beyond the R-2 to the north because it is a commercial strip zoning
situation.
MOTION
Commissioner Hanna moved to recommend approval of the rezoning petition, seconded
by Ozment and followed by discussion.
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Planning Commission
August 14, 1989
Page 3
Commissioner Allred stated that they would be looking at this strip again
when someone begins to develop it. He said he has reservations about it
and stated this is one of the fastest growing areas in northwest Arkansas.
Something needs to be done with the traffic there and this is a good way to
alleviate it. No one will want to develop the property for anything other than
commercial because it is not a residential location at all.
The motion passed 6-2-0 with Hanna, Seiff, Allred, Ozment, Cleghorn & Rlingaman
voting "yes" and Jacks & Springborn voting "no".
PUBLIC HEARING - REZONING REQUEST R89-22
LAWRENCE STARR - E OF N COLLEGE, N OF TOWNSHIP
The fourth item on the agenda was a rezoning request submitted
Starr for property on the east side of North College, north
containing 7.07 acres. Request was to rezone from C-2, R-0
Thoroughfare Commercial.
by Lawrence
of Township and
& R-1 to C-2,
Chairman Jacks said the staff had noted that they would .not be in favor of the.
Hillside Development if the new ordinances were in place.
Commissioner Hanna asked if there would be an opening from Karyn Avenue into that
property. Mr. Milholland answered, no, that the property will be fenced to
restrict any type of traffic onto it, even foot traffic. He advised that the
request is to rezone a small strip of R-0 and a small triangular shape of R-1
on the southeast corner of this property so that it will all be C-2. Mr.
Milholland stated that the property is going to be a location for a mini -storage
development and the only way to do that is to get a conditional use in C-2.
Commissioner Springborn asked what the condition of the hillside is now and what
it will be like after development. Mr. Milholland replied that the hillside is
a wooded area and the developers intend on leaving a border completely around
the property having 30' to 50' on the south side and 10 or more feet on the
other sides except for the entrance.
Chairman Jacks asked if it should all be C-2 property. Mr. Milholland said that
a mini -storage could not be put on the R-0 and R-1 property.
Thelma Fuller of 2508 Karyn was elected to represent the residents of this area.
Mrs. Fuller had a petition that 100% of the residents who they had approached
had signed. Some of the residents, about 20 to 25, who were in opposition of this
development attended the meeting. The text of the petition described the wooded
hillside and questioned the wisdom of permanently destroying the residential
potential of this land which leaves a buffer zone R-0 between the C-2 and R-1
zones. Mrs. Fuller stated that other C-2 property is available. She stated that
rezoning this land might create a domino effect in that the neighborhood will
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Planning Commission
August 14, 1989
Page 4
be eroding away She said that a 30' buffer is not adequate and that the
developer knew the zoning of the land when he bought it and this change of zoning
is for his convenience. If this rezoning is approved the Planning Commission
would not be able to refuse any future requests for rezoning. The residents are
concerned about the lights around the storage property and about the traffic and
that he will in the future ask to open onto Karyn and other residential streets.
The residents are concerned that the westward view will be broken and obstructed
by this development. If the new development will all be paved it will create
a severe drainage problem.
Commissioner Seiff asked if Mrs. Fuller was acting in a professional manner or
was she representing the residents. She replied that she owns four lots in the
area to protect her view as do many of the residents of this area. Commissioner
Seiff noted that Mrs. Fuller's comments are valid but asked if this needed to
be discussed during the zoning or during the possible large scale development
situation. He added that if he voted now he would vote to deny the request.
Commissioner Klingaman asked who the R-0 buffer was negotiated for. Mrs. Fuller
stated that Mr. Hayes sold the property to Mr. Starr.
Commissioner Springborn stated that this kind of proposal for rezoning
would compound the affects of strip development along College Avenue.
Counnissioner Allred asked everyone to keep in mind that part of this property
is already zoned for the intended use of the petitioner and that only the
southeast corner is in question. He added that he has a problem with the
elimination of the R-0 zone as a buffer and would be adamantly against rezoning
the R-1 piece. He stated that there is no need to violate the buffer situation.
NOTION
Commissioner Springborn moved that the request for rezoning be denied, seconded
by Commissioner Seiff. The motion passed 8-0-0.
Chairman Jacks advised that this could be appealed to the Board of Directors.
APPROVAL OF LARGE SCALE DEVELOPMENT PLAN FOR PACK RAT
SCOTT CROOK - 2397 GREEN ACRES ROAD
The fifth item on the agenda was a large scale development plan for the Pack Rat
submitted by Scott Crook represented by David Thomas, Architect, for property
located on Green Acres Road (Lot 5 of Colt Square) and zoned C-2, Thoroughfare
Commercial.
Don Bunn, City Engineer, said that all the utilities are available to the site
and it appears to meet the requirements of the City. He stated that staff
recommends that the large scale development be approved subject to the Plat
Review and Subdivision Copents and to the construction of a sidewalk along
Township and Green Acres which is required by the Master Sidewalk Plan.
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Planning Commission
August 14, 1989
Page 5
Commissioner Springborn reported that the Subdivision Committee had no problems
with this beyond the conditions placed on the approval and the vote to approve
was passed unanimously.
Dave Thomas, an architect with CMD in Rogers, asked about the sidewalk
requirements. He said that there is a drainage problem there and that in
the future the street may be widened and it would block the drainage.
Chairman Jacks stated that a Bill of Assurance for the sidewalk would be accepted
but he would not favor a waiver.
Commissioner Cleghorn inquired about parking spaces. Mr. Thomas
explained that they show 23 spaces and they have about 5800 gross square
feet. He noted that they are going to appeal the number of required parking
spaces primarily because this application has a lot of upstairs storage space
without access to the public. The actual retail space is about 4600 square feet.
Commissioner Hanna asked about the power to waive the parking. Chairman Jacks
replied that this was given by the Board of Directors to the Board of Adjustment.
Commissioner Hanna stated that he liked the layout with trees rather than
unneeded parking spaces. He noted that when he has -driven through there were
only a half dozen cars.
NOTION
Commissioner Hanna moved to approve the large scale development plan with the
recommendation that a waiver on parking spaces be given, seconded by Klingman.
The motion was approved 8-0-0.
APPROVAL OF LARGE SCALE DEVELOPMENT - ABERNATHY CLINIC
BRYAN ABERNATHY, N.D. - SOUTH OF HUNTSVIL•LR ROAD AND EAST OF SHERMAN AVE.
The sixth item on the agenda was a large
Clinic submitted by Bryan Abernathy, M.D.
architect. The property is located south
Avenue and zoned R-0, Residential -Office
scale development plan for Abernathy
and represented by Albert Skiles, the
of Huntsville Road and east of Sherman
with 5 acres.
Mr. Bunn stated this large scale development is located on the south side of
east Huntsville just west of Happy Hollow Road. The development has all
utilities available to the site and the staff recommends that the large scale
development be approved subject to the construction of the sidewalk along
Huntsville as required by the Master Street Plan, dedication of an additional
5 feet of roadway easement along Huntsville and the Plat Review and
Subdivision Comments.
Albert Skiles, the architect for the project for Dr. Abernathy stated
that Dr. Abernathy is planning to go into partnership with a couple of doctors
Planning Commission
August 14, 1989
Page 6
to build a clinic. He is going to lease out the pharmacy adjacent to it. At
some point in the future Dr. Abernathy intends to build a dental clinic and serve
the residents on the southeast part of Fayetteville. He stated that there is
no problem with the inclusion of the sidewalk requirement and the easement. The
pharmacy will operate in conjunction with the clinic.
Commissioner Springborn stated that the Subdivision Committee approved the plan
as submitted subject to the comments of the City Engineer and the Plat Review
Committee.
Commissioner Hanna asked if the sidewalk will be constructed now or will they
sign a Bill of Assurance until after the street is widened.
Commissioner Springborn stated that the staff recommended approval subject to
the construction of the sidewalk along Huntsville Road and the dedication of an
additional roadway easement.
Mr. Bunn stated that the road will be widens someday but probably not within five
years. He noted that he thought they could accept a Bill of Assurance. A
sidewalk could probably be built there without interfering with any future
widening if it were built on the edge of the easement.
MOTION
Commissioner Ozment moved to approve the large scale development plan subject
to construction of a sidewalk or a Bill of Assurance on the sidewalk, the
dedication of an additional five feet of roadway easement along Huntsville, Plat
Review and Subdivision Comments, seconded by Cleghorn. The motion passed 8-0-
0.
FINAL PLAT - FIESTA PARK ADDITION, PHASE I
JOHN BURCKHART - BMP DEVELOPMENT - WEST OF COLLEGE AVE. AND SOUTH OF APPLEBY
The seventh item on the agenda was the final plat for Fiesta Park Addition, Phase
I submitted by John Burkhart and represented by Harry Gray for property located
west of College Avenue and south of Appleby Road and zoned R-2, Medium Density
Residential with 6.41 acres and 40 proposed lots.
Mr. Bunn stated that a preliminary plat for Fiesta Park Addition was approved
and this is the final plat of the first phase of the addition consisting of 30
lots on 6.41 acres. All of the required easements have been granted or shown
on the plat as requested by the utilities companies. There are some off-site
easements that will have to be given in conjunction with this. The staff
recommends approval of the final plat subject to: (1) A contract between the City
and the owner for the construction of the required on-site and off-site
improvements, none of which have been done yet, (2) Access to Lots 111 and 1129
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Planning Commission
August 14, 1989
Page 7
be restricted to Fiesta Drive, (3) Payment of park fees, and (4) Approval of
street drainage, water and sewer plants.
Commissioner Klingman inquired about the status of the road that was discussed
at an earlier meeting to connect to North College. Mr. Bunn stated that there
are no plans for a road and this property would not affect this road if it were
to be decided to put one in.
Commissioner Seiff noted that the cul-de-sac was illegal in terms of length
because 500' is the maximum. The cul-de-sac would have to be waived.
Commissioner Springborn reported that the Subdivision Committee approved this
subject to the comments made by the City Engineer.
Commissioner Ozment stated that this was the only questionable cul-de-sac in the
entire proposal as far as length.
Mr. Gray stated that he has a copy of the protective covenants, the contract,
and the Bill of Assurance. He stated that he supposed the City Attorney would
like to review the contract to assure that it is suitable to the City.
MOTION
Commissioner Hanna moved to accept this final plat for -Phase I for the Fiesta
Park Addition subject to the recommendations of the staff, seconded by Springborn
The motion passed 8-0-0.
PRELIMNARY PLAT - GADDY ACRES SUBDIVISION
JIM LINDSEY - EAST OF CROSSOVER AND NORTH OF LOVER'S LANE
The eighth item on the agenda was a preliminary plat of Gaddy Acres submitted
by Jim Lindsey and represented by Doug Hemingway located east of Crossover
and North of Lover's Lane. Property consists of 40 acres with 20 proposed lots
and is zoned R-1, Low Density Residential.
Mr. Bunn advised that five or six of the lots are tandem lots. All but seven
of the lots are wooded. The subdivision lies on top of and around a hill. Water
service is available to all of the lots. However, there will have to be water
ran part way back up at least one of those private drives in order to assure that
fire protection is available and that a fire hydrant is located within
400 feet of the property. As shown on the plat, each lot line has utilities
easements on it. This was not at the request of the utilities but the owners
decided in order to facilitate service to the lots that this would be the
best way to go right now. The staff is recommending approval of the
subdivision which is unusual because of the number of tandem lots associated
with it. However, the ordinance that covers tandem lots talks does mention
restriction and slopes. He added that this is one of the areas where tandem lots
can be approved.
Chairman Jacks stated that the development might be better laid with certain
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Planning Commission
August 14, 1989
Page 8
numbers of less steep lots on the east side not developed tandem lots. They
are all such large acreages.
Mr. Bunn replied that they will be required to improve Starr Drive. The staff
recommended approval subject to the subsequent approval of street drainage and
water and sewer plans, payment of the required parks fees, improvement to one-
half of Starr Drive to City standards. He noted that there is a sewer along
Starr Drive which has special connection fees attached to it and staff feels that
this fact should be noted on the final plat.
Chairman Jacks asked if they planned on building one-half of a street. He asked
if they expected to get half of a street built there or is a Bill of Assurance
being signed or other arrangements.
Mr. Bunn stated that they might be willing to take a Bill of Assurance.
Constructing half of a street here may not be feasible. It wouldn't be out of
line to have a half of a street built there if it is feasible.
Chairman Jacks asked if they needed flexibility and maybe have them put the same
amount of money into another street.
Commissioner Springborn reported that the Subdivision Committee had a lot of
discussion on the 7 tandem lots. However, Mr. Bunnassured the Committee that
it would be extremely difficult if not impossible to'provide for city streets
to develop this property without exceeding the grade limit for city streets.
Alternatives were looked at and discussed at some length and the Committee voted
to approve this.
Chairman Jacks stated that the tandem lots vary from 1 1/3 acres on up to
3 1/2 acres, some of which are reached by private drives that go down the
streets. The neighbors looked at the plat.
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Chairman Jacks asked if anyone would like to register objections. He stated that
this is for single-family dwellings.
Roger Koeppe of 305 Washington stated that he owned the property at 3500
Whippoorwill but asked if the plan for putting a park in the Sequoyah Woods
area is out. Chairman Jacks answered that there are not plans for a park
right now but at one time there was discussion of a private park in
that area.
Mary Young of 3125 Navajo Court wanted to know if this area will be developed
into a residential because their area has a severe drainage problem and she
is concerned how construction up the hill will affect their drainage problem.
Doug Hemingway stated that the developer's intent is to keep everything
natural and to keep the least amount of pavement or asphalt to keep the
drainage at a minimum. The developer is trying to keep away from the
original Sequoyah Woods Phase II program. The utility easements will be
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Planning Commission
August 14, 1989
Page 9
kept at a minimum and put in as the developers go so that the lots will
look like they do now.
Commissioner Hanna asked how Lot 1117 would be accessed. Chairman Jacks explained
that Lot 1117 is the crook off of Inwood. Commissioner Springborn stated that
short of no development at all this is the best type of development in this kind
of terrain. Commissioner Hanna stated this was unusual for the subdivision with
2 dead end streets into A��40 acre plat but this is preferable to the neighbors.
MOTION
Commissioner Springborn moved that this be approved subject to comments of the
staff and Plat Review, seconded by Cleghorn. The motion passed 8-0-0.
WAIVER OF THE SUBDIVISION REGULATIONS -LOT SPLIT O1 & CONDITIONAL USE FOR TANDEM
LOT - KEN MARVIN AND BRAD WRIGHT - N MAXWELL DRIVE
The ninth and tenth items on the agenda were a lot split and conditional use
for a tandem lot submitted by Ken Marvin and Brad Wright on North Maxwell zoned
R-1, Low Density Residential and containing 1 acre.
Mr. Bunn stated that this is a lot split and conditional use for tandem lot.
The property is about one acre in size and it is proposed to be split into two
tracts. Tract B would need to be approved as a tandem lot. There are water and
sewer available. The staff recommends that the lot split and the conditional
use be approved. The approval is conditioned upon the dedication of an
additional 5 feet of right-of-way on Maxwell Drive on each lot, payment of parks
fee for one lot, dedication of any required easements to serve the property by
the other utilities, and a survey of the property by a registered land surveyor.
Chairman Jacks stated that there is no problem with the lot split but this is
a total misuse of the tandem lot ordinance which is based on terrain that is
hard to get to but this particular piece of property does not have enough
street frontage for two lots.
Brad Wright of 2504 Sweetbriar, an owner on this proposal, stated that this
is a very feasible situation. He stated that this subdivision was developed in
the 1950's and Lot 1119 was reserved by the estate and had never been sold after
being on the market for two years. They plan to build 2 nice homes in the 1200
to 1400 square feet size to sell for around $55,000.00.
Chairman Jacks asked Mr. Wright if he is the legal owner. Mr. Wright advised
that he has it under contract and is closing on it the 19th of August.
Chairman Jacks stated that legally they aren't supposed to act on splitting of
property unless it is requested by the owner. He advised that someone in the
staff should check on these things to assure that someone doesn't split property
owned by someone else.
Commissioner Klingman wanted to know if it is possible to proceed on this
conditional on the sell or do it after August 19. Chairman Jacks stated that
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Planning Commission
August 14, 1989
Page 10
it could be proceeded on conditional.
MOTION
Commissioner Springborn moved to approve the lot split and the conditional use
tandem lot conditioned upon the transfer of ownership to the applicant, seconded
by Hanna. The motion passed 7-1-0 with Jacks voting "no".
WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT Ill
JOHN MAGUIRE - SW CORNER OF MISSION BLVD & CROSSOVER RD
The eleventh item on the agenda was a lot split submitted by John Maguire on the
southwest corner of Mission Boulevard and Crossover Road. Property is zoned C-
2, Thoroughfare Commercial and contains 3 acres.
Mr. Bunn stated that this property is 3 acres with Tract A containing 1 acre.
The remaining 2 acres has a convenience store on it. The staff recommends that
the split be approved subject to (1) the extension of public sewer to Tract A
(2) granting of any other easements required by the utility companies and (3)
construction of the sidewalk as required by the Master Street Plan.
Mr. Milholland stated that the property is already zoned C-2 and desires the
property to be split off with 140 foot frontage along Mission Boulevard.
MOTION
Commissioner Allred moved to grant
recommendations, seconded by Klingman.
WAIVER OF THE SUBDIVISION REGULATIONS
HOWELL TRUMBO - 1321 W SIXTH STREET
the lot split subject to Mr. Bunn's
The motion passed 8-0-0.
- LOT SPLIT 42
The twelfth item on the agenda was a lot split submitted by Howell Trumbo for
property on West Sixth Street and zoned C-2, Thoroughfare Commercial and
containing .81 acres.
Mr. Bunn stated that split is associated with the Sonic Drive -In and stated that
at the last meeting a variance was granted for a joint driveway between this
property and the property to the east. There was a misunderstanding
about the lot split because the staff was under the impression that it was
already a separate piece of property when in fact it was intended to be split
as a result of the agreement to waive the driveway location. The original
property contains about 6 1/2 acres and the tract being split off will contain
8/10 of an acre. There is water for fire protection purposes available to Tract
A off the north side of Sixth St. In order to serve it with domestic water
there will be a 2 inch water line extended to serve the property. Sewer is
available on the site. The staff recommends that the split be approved
subject to the extension of the required utilities to serve the property and
the granting of any easements that might be required by the other utilities.
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Planning Commission
August 14, 1989
Page 11
Mr. Gray stated that the owner has requested that he plead on their behalf that
this be granted. He advised that the owners assure the Commission that they have
no intent of trying to circumvent anything and they were not aware of the
regulations.
MOTION
Commissioner Hanna moved that this lot split be approved subject to the
recommendations , seconded by Ozment. The motion was approved 8-0-0.
WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT #1
DEBORAH FARRELL - LOT 18 OF JACKSON HEIGHTS
The thirteenth item on the agenda was a lot split submitted by Deborah Farrell
for property on Jackson Drive (Lot 18 of Jackson Heights) and zoned R-1, Low
Density Residential.
Mr. Bunn stated that the property consists of 1/2 acre. A lot split is requested
to have .22 acres in one tract and .28 acres in the other tract. Sewer is
available to both lots. Water is not available to Tract B. The staff recommends
approval of the split subject to the payments of the necessary parks fees,
dedication of five foot of right-of-way along East Jackson Drive on both tracts,
coordination with the other utilities to provide requiredeasementsin order to
serve the two properties, and a survey of the property by a registered land
surveyor.
Deborah Farrell explained that the carport shown on the plat is actually a patio
and when it was surveyed they called a carport. There is a driveway in the
front not shown and she does not need a driveway from the east side.
Cour issioner Klingaman commented that neighbors would probably like to know that
this was going on. He asked if the staff puts up signs for lot splits. Staff
answered, no, unless it is a tandem lot. Commissioner Klingaman stated that
there isn't any parking other than on the street and questions if this is good
for the neighborhood as a whole. Mrs. Farrell stated that in the 1950's and
earlier there was a driveway on the property.
MOTION
Commissioner Springborn made a motion to approve the lot split subject to the
comments by the City Engineer, seconded by Seiff. The motion passed 7-1-0 with
Klingaman voting "no".
WAIVER OF THE SUBDIVISION REGULATIONS - LOT SPLIT 111
WILBUR WATSON - 2594 OAKLAND -ZION ROAD
The last item on the agenda was a lot split submitted by Wilbur Watson for
property located at 2594 Oakland - Zion Road outside the City Limits.
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Planning Commission
August 14, 1989
Page 12
Mr. Bunn stated that the original property contains 5.6 acres and the tract being
split off contains .62 acres. There is water available to that tract off of
County Road 83. There is not sewer available to the property. The County did
approve this lot split at their meeting on August 7. The City code requires
that 1 1/2 acre be the minimum size of the property when public sewer is not
available. Since this property contains .62 acres the staff recommends that this
lot split be denied.
Mr. Watson stated that only .62 acres is the only portion of the property
that he can use because a mobile home is on the corner. The Health Department
approved this and they have an auxiliary system which is 300 feet from this
property down to the lake. A septic system is there which has been in
operation for about 15 years. Mr. Watson stated that the County made a
perc test and the County said there was room for an auxiliary system.
Chairman Jacks stated that a split like this would be setting a precedent because
of the 1 1/2 acre requirement in growth area. Mr. Watson commented that he
was relying on the committee to handle the sticky situation. Chairman
Jacks noted that a waiver would have to be granted from Subdivision regulations.
MOTION
Commissioner Hanna made a motion to approve the lot split and give the waiver
to the lot size, seconded by Allred. The motion passed 7-1-0 with Jacks voting
"no".
OTHER BUSINESS
Chairman Jacks mentioned a letter from the Public Works Director asking
for an appointment from the Planning Commission to be on the Selection
Committee to select a consultant to conduct the City of the Arts Center
Impact area It is basically a study of Dickson Street in relationship to
downtown, etc. Mr. Seiff is going to serve in that capacity.
There being no further business, the meeting was adjourned.