HomeMy WebLinkAbout1979-01-18 Minutes•
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MINUTES OF A PLAT REVIEW COMMITTEE MEETING
A meeting of the Fayetteville Plat Review Committee was held on Thursday,
January 18, 1979, at 9:00 o'clock A.M. in the Board of Directors Room, City Admini-
stration Building, Fayetteville, Arkansas.
CITY REPRESENTATIVES PRESENT: City Manager Don Grimes, Bobbie Jones, Gail Biswell,
Clayton Powell, and Don Bunn.
UTILITY REPRESENTATIVES PRESENT: Dick Shaw, John Kehn and L. 0. Ferguson.
OTHERS PRESENT: Otis Stobaugh and Joe Segers.
The only item for discussion was the SHANDERA ESTATES
proposed informal plat submitted by Otis Stobaugh Informal - Final Plat
and William Breazeale for Shandera Estates, lo- Stonebridge Road
cated on Stonebridge Road, North of Highway 16
East. Otis Stobaugh and attorney Joe Segers were
present to represent.
1. Clayton Powell (Street Superintendent): Mr. Powell stated that, although he
sympathized with the owners of this property concerning the problems they
have been going through in obtaining a building permit, there were nine houses
along this side of Stonebridge Road which have been built on a piece -meal basis
without any public improvements being required. He stated that the basis for
requiring subdivision regulations was to insure that these public improvements
are constructed and that allowing a building permit for this house would simply
be making "another house, another chronic maintenance problem."
Mr. Powell stated that he did not feel the requirment of off-site improve-
ments for this one lot would be justified, however, he said he would require 24"
inside diameter drain tiles with headwalls and toewalls on the upstream and
downstream sides of the road. He stated that an additional 5' dedication would
be required for Stonebridge Road right<of-way and that although there is an
existing sewer line in that location, the sewer easement can be contained in
the street right-of-way.
2. Dick Shaw (Southwestern Bell): Mr. Shaw stated that the engineer who had
scaled this plat had failed to pick up the fact that there is an existing city
sewer easement in the exact location they have designated as a 25' utility
easement. He stated that he had asked for the easement in that location with-
out knowing about the sewer line, but that the engineer should have picked this
fact up anyway. He stated that, although he already has a telephone line lo-
cated here, he would need an easement dedication anyway in case the city should
someday decide to widen and pave the road, making it necessary for the telephone
company to relocate its line. He said that if they did not have an easement
dedication made at the present time they could end up with "no place to move
their line."
Mr. Shaw also noted that he would request a 25' easement immediately to
the east of the sewer easement in the event the City would not approve the
telephone company's entrance into its easement.
Plat Review Committee Meeting
January 18, 1979
Page 2
3. Don Bunn (City Engineer): Mr. Bunn stated that he had no objections to
retaining the 25' utility easement designation on the plat although it is
coincidental with the city's existing sewer easement. He stated, however,
that the 25' utility easement would have to be set back another 5' to the
east in order to provide for the additional 5' street right-of-way required.
John Kehn (Arkansas Western Gas): Mr. Kehn stated that his company has
two high-pressure gas lines running across the property but he was not cer-
tain about their exact locations. He stated that he would ascertain the
locations in order that the owners would "know where not to build." He
also stated that he would be willing to release the private easements if
they find it feasible to locate into the general utility easement.
5. L. 0. Ferguson (Warner Cable): No comments, other than the fact that if
the power companies can get in, so can they.
6. Jimmy Crownover (Ozarks Electric): Not present at the meeting, but tele-
phoned a request for a 20' wide easement along the West side of the property
to cover their existing line.
7. Bobbie Jones (Planning Administrator): Add on the plat:
1. Acreage;
2. Zoning;
3. Existing gas easements;
4. Certification for the Water $ Sewer Department's approval;
5. Certification paragraph on building setbacks;
6. Concrete corner monuments and note on the legend that they are
4" x 4" x 30" in size;
7. Size of iron pins (1/2" x 30");
8. Location of platted property on the Vicinity Map inset;
9. An additional 5' right-of-way for Stonebridge Road;
10. A 25' utility easement and building setback parallel and abutting
the Stonebridge right-of-way;
11. Existing sewer easement; and
12. A notation regarding the parcel which is not a part of the plat
(Also show the existing sewer easement on this parcel).
Mrs. Jones also stated that she would need proof of notice to the adjoining
property owners and the application fee paid. She stated that the Planning
Commission would need to waive the scale requirement. of 1"=100' in order to allow
the 1"=60' scale platted.
Mrs. Jones also stated that the Planning Commission could require street
paving, curbing, sidewalks and street lights. She stated that a revision would
be needed by noon, Monday, February 5th in order to go to the Planning Commission
meeting on February 12th.
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Plat Review Committee Meeting
January 18, 1979
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8. Don Grimes (City Manager): Mr. Grimes stated that he was attending this
meeting in order to discuss problems the City is having with lot splits.
He said that this plat is only one of many which the City has been "wrestling"
with, but that it was this one which brought the problem to a head for him. .
He stated that he would like opinions of the various persons present in order
to help him formulate a recommendation to the Planning Commission for a pos-
sible revision of the Ordinance.
Mr. Grimes stated that, in his opinion, the best place to begin reform-
ing the system would be to stop the deeds at the courthouse before they are
recorded. He stated that if the Circuit Clerk would require all deeds con-
taining metes and bounds descriptions to be approved by the City Planning
Office before recordation, several of the lot split problems could be elimi-
nated at its source. He stated that he would be willing to "wipe the slate
clean" and start over with new lot split regulations effective as of a new
date (February 1, 1979, for example) since he did not feel that the hassle
and work the Planning Office would have to go through to cure anymore of the
present problems would be worth the time spent.
A general discussion was had throughout this meeting concerning the
problem. Bobbie Jones stated that it was her opinion that "the most expen-
sive and most accurate" way to avoid innocent people making the purchases of
land upon which they would ultimately be required to spend large sums of
by hiring an engineer to make a plat and by bringing public improvements up
to standard, would be to put all the courthouse deeds on computer. She stated
that each new deed would be programmed into the computer at the time of its
recordation and if the deed had an error in its legal description, or if the
property had been split the maximum number of allowable times, the description
would be "thrown out" of the computer and it would not be possible to record
the deed.
Attorney Segers stated that he felt the present system is "silly and
unrealistic." He agreed with Mr. Grimes that the ideal place to begin soly-
ing the problem would be at the courthouse. He stated that he felt the Circuit •
Clerk would be agreeable to assisting them enforce a requirement that the
Planning Office approve all deeds over which it has jurisdiction before recorda-
tion.
Gail Biswell noted that she thought a solution might be to require all
building permit applicants to submit certification from an abstractor or an
attorney as to the number of splits which have been made on the property since
the ordinance enforcement date. She said this would put the expense of re-
searching the history of the real estate upon the applicant and alleviate
City personnel from this time-consuming and costly task. She stated that the
Planning Office could issue a permit if the certification stated that the
property had not used all its splits, but if the splits had all been used,
the office would simply enforce the requirements of the subdivision ordinance
which make a formal or informal subdivision plat necessary.
Don Bunn commented that the way to solve the problem would be to change
the ordinance. He stated that "we will be seeing more and more of these one
lot subdivisions in the future" unless the ordinance is rewritten.
After a lengthy discussion on lot splits, the meeting adjourned at
11:00 o'clock A.M.