HomeMy WebLinkAbout1977-11-14 - Minutes•
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MINUTES OF A SUBDIVISION COMMITTEE MEETING
A meeting of the Subdivision Committee of the
was held on Monday, November 14, 1977 at 3:00
Directors Room, City Administration Building,
MEMBERS PRESENT: Ernest Jacks, Bill
:MEMBERS ABSENT: None.
OTHERS PRESENT:
City Planning Commission
P. M., in the Board of
Fayetteville, Arkansas.
Kisor, Jack Ray, Keith Newhouse, Larry Wood.
Bobbie Jones, Angie Medlock, City Attorney Jim McCord, Ann Henry,
"Skip" Holland, Jim Lindsey, Lois Imhoff, Lee Boss, Neal Albright,
Bryce Davis, Rick Cowdrey, Attorney Marshall Carlisle, and other
unidentified persons.
Chairman Ernest Jacks called the meeting to order.
The first item for discussion was green space in subdivisions. GREEN SPACE
Skip Holland was present representing the Parks and Recreation
Advisory Board; Peg Anderson from the Fayetteville Planning Commission; Ann Henry of
the Board of Directors.
Mr. Holland said the Parks and Recreation Advisory Board functions on the neighborhood
park concept. He said they are looking at subdivisions of 25 lots or more. He
said they are wanting to develop parks for the benefit of those people living in the
subdivisions.
Mr. Jacks asked how much of a plan there is for development of parks in the City.
Skip Holland said there is a master plan developed by the Regional Planning Commission
for the Parks and Recreation Advisory Board which makes recommendations for park areas.
Bill Kisor questioned where the money would come from for maintenance of these parks
and asked if the City would have this money. Skip Holland said he didn't know where
the money would come from. He said he felt the maintenance would include mowing and
picking up trash from the park. Peg Anderson said she felt the idea of donating
area for parks would need to be for subdivisions of 100 lots or more. She also felt
the upkeep of the parks was promised in the resolution from the City Board
Jim Lindsey asked if the developer would have to go through a process different
from the present subdivision platting process to get an area approved for a park or
if he would have to go before the Parks and Recreation Board. Bobbie Jones said she
would probably start sending the preliminary plats to the Parks and Recreation
Advisory Board so they could handle this at the Plat Review meetings.
Mr. Lindsey asked if the Board has the right to decide if they want the piece of
property the developer wishes to donate. He felt the $200 per lot mentioned in
Ernest Jacks' report is almost like taxing someone who buys a lot. He said he
tends to like preserving green belts or natural areas. He noted that a developer
would want to give the City land that is in the flood plain or other land that is
unbuildable.:_
Peg Anderson agreed with Jim Lindsey. She said the idea of bicycle paths and green
space is a good idea. She also felt using flood plain land is a good idea. She felt
they would want some park area and some areas which are natural.
Jim Lindsey felt the City may have to maintain some undesirable property. He also
noted that giving land to the City would be a legitimate tax deduction for the
developer.
Keith Newhouse said the $200 would be a one-time tax. He said he is concerned about
the further maintenance. He said if the lots in a subdivision are large, the people
may not want parks. He stated that he doesn't think it would be right to tax a
person $200 on all new lots for a park that would benefit the entire City. He felt
there should be a general fund which will maintain these parks.
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November 14, 1977 -2-
Jim Lindsey felt the Ordinance should encompass something for natural areas which
the developer can give and the City take over and accept. He said he felt if the
developer gave enough of these areas they should say this developer has complied
with the requirements. He said he would rather give rough areas on the property
than have a tax deduction or give money.
Skip Holland said he is not sure if the Parks and Recreation Advisory Board wants
to determine if a developer can give natural areas. He said the Board wouldn't
want to be placed in the position of having to accept property to determine if it
is acceptable for their green space or recreation space requirements.
Ann Henry said she felt the Board of Directors would want someone from Parks and
Recreation to look at the land which the developer wants to dedicate before
accepting it, to keep from having someone give something the City doesn't want.
Mr. Jacks pointed out that there are basically three things 1) the bad lands the
developer wants to get rid of; 2) the nice looking bluff areas or green areas which
would be nice green belts in their natural state; and 3) recreational sites or parks.
Jim McCord said the Arkansas law says that to legally require a subdivider to
dedicate land for park areas the City has to have a comprehensive plan showing
parks. Mr. McCord said if the comprehensive plan indicates parks in that area,
the developer would have to give the land for the park. Other developers in the
area would have to pay an amount of money in lieu of land to develop these parks.
He also said it would seem fair to give a person credit for natural space or green
belts.
Larry Wood said he thinks what the committee needs to do is 1) the Park Board
needs to show them the plan which they have; 2) they need to review the community
facilities plan which the City now has and compare this with the Parks and
Recreation plan; and 3) add to this the openareas above and beyond what the
Parks Board would consider as recreational facilities and show this on a plan.
The Planning Commission could then adopt the Parks Board's plan and recommend to
the City Board and then begin to exercise what they are trying to do. He said the
City could not exercise what the Parks Board has unless they incorporate with it.
Mr. Jacks asked Jim Lindsey what he felt would be fair for the developer and Jim
Lindsey said he does not think it would be unreasonable to say that 3, 4, or 5%
of the total gross area of the land after you take out for streets, or equivalent.
He said he feels awkward with a cash payment to the Parks Board. He said he would
not feel that he had much control over what they would do. He stated that in one
way it would encourage an increased density but felt if you do that, you might just
as well tax a building permit.
Peg Anderson said she is concerned about the small lots. She felt this would be
where they would need to require cash in lieu of land.
All of the members of the committee were concerned about who would judge to see if
a piece of property is suitable for a park or recreational space.
Skip Holland said the Parks Board would like to check to see if it is reasonable to
use as a park Mr. Jacks noted that they still have the problem of green space.
He said they would have to write criteria as to what would be acceptable.
Bill Kisor felt they need to be concerned about the amount of time it will take to
get approved so the person can obtain a building permit. Jim Lindsey felt this
should be handled on the Plat Review level. He did not feel a.developer should
have to go to the Parks and Recreation Advisory Board as well as Plat Review,
Subdivision Committee, and Planning Commission. He said the Board needs to set
out the areas for parks so the developer will recognize this when he buys the
property. He said if you are in an area where a park is required, you should have
to meet the requirements of the Park Board. If you are not in one of these areas,
you should plan, design, and show green space.
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November 14, 1977 -3-
Skip Holland said they would like to have a space in the middle of the subdivision
where they could erect swings, slides, picnic tables, etc.
Jim Lindsey felt they should have a time limit on when they would plan to have the
park completed. Skip Holland felt they may say that when a certain number of
lots are under construction they will have the park completed.
Keith Newhouse said on smaller developments, people will have well-maintained green
space and did not feel everyone will need a public park. Mr. Newhouse felt everyone
should be taxed for this, and not just the new subdivisions.
Bill Kisor felt they should try to do a few nice parks rather than have several small
parks which could not be maintained.
Jim McCord pointed out that the City cannot require land for parks unless there is
an approved established park plan.
Peg Anderson felt they would have to have some sort of cash in lieu of parks to
buy the land for parks in the other areas. Jim McCord said this cash would have
to be used for park facilities for the same.area in which the subdivision is
located; therefore the City would need to be divided into "park districts".
Skip Holland felt he should come back with the Parks and Recreation Board plan
and determine if they do have a real need for parks in that area.
Mr. Jacks requested another meeting for November 28 at 3:00 P. M. to discuss
this further.
Keith Newhouse made a motion to approve the minutes of the MINUTES
October 25 meeting. Bill Kisor seconded the motion, which
passed unanimously.
The first item for discussion was the large MUNCHY'S
scale development plan for Elmdale Leasing Large Scale Development
Corporation, Munchy's, located at 2175 North 2175 North College
College. Lee Boss and Howard Smith were present to represent.
Bobbie Jones confirmed that all the requirements of the Plat Review Committee had been
shown on the plan.
Keith Newhouse made a motion to approve this large scale development. Bill Kisor
seconded the motion, which passed unanimously.
The second item for consideration was the BUTTERFIELD PLAZA
large scale development plan for Butterfield Large Scale Development
Plaza located at 2863 Old Missouri Road; 2863 Old Missouri Road
Neal Albright, developer.
Neal Albright was present to represent.
Mr. Albright said he had measured the distance between his proposed driveway and the
driveway on the north side and it is 43 feet. Mr. Jacks questioned what they have
worked out about the street and Neal Albright said the Nazarene Church would like to
have a street there, but do not feel they can participate in the cost at this time.
Neal Albright said he would be willing to pay for the engineering services costs and
75% of the contract items and materials. The City would provide the labor and
equipment and would have to pay the other 25% of the cost of the materials and
contract items. Bill Kisor said that normally, Mr. Albright would only take care
of half of the cost. Mr. Jacks said this does not seem like an unreasonable proposal
to him.
David McWethy said the City Board of Directors would have to approve paying for the
rest of the street. He said he ;does. fdel:. it is unreasonable to expect the
developer to pay 100% of the cost and the property owner on the south not finance
any portion of the cost.
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Mr. Jacks
stated that Mr. Albright is supposed to screen between himself and the church on
the north, since it is R-1 zoned property, and screen the parking from Old Missouri
Road. Neal Albright said that is a blind corner where he is supposed to provide
screening and noted that the Ordinance requires that he stay back 25 feet from the
street right of way or reduce the heighth of the screening. Mr. Albright said he
is also going to dig up some pine trees and transplant them between his property
and the Church. Keith Newhouse asked if Neal Albright had talked to the Church about
his plans and he said he has and they are happy with it.
Mr. Jacks did not feel Neal Albright should have to screen from the Church but since
it is zoned R-1, the Ordinance requires screening. Larry Wood felt they could rezone
all existing churches to P-1 and eliminate this problem.
Jack Ray made a motion to approve the large scale development plan with the provision
that they recommend to the City Planning Commission that 1)_ permit the planting on
the north side;. conform to. planting -requirements along Old Missouri Road but not on the
triangle; 2) the Subdivision Committee does agree with the proposal to furnish
75% of contract services and materials and all engineering services; and 3) recommend
that the Church be required to pay 25% of the cost of materials.
Keith Newhouse seconded the motion, which passed unanimously.
The fifth item for consideration was the MAPLE TERRACE
preliminary plat of Maple Terrace Subdivision Preliminary Plat
located south of Highway 16 West and West of
Highway 71 Bypass, The Boys, Inc., owner; Bryce J. Davis, developer.
Bryce Davis was present to represent.
Mr. Jacks said Bryce Davis would need a variance to permit a dead-end street of 1300
feet length. The required is 500 feet or less. Bryce Davis said he would put in
the restrictive covenants how many units he will allow on the property.
Bryce Davis said he has all adjoining property owner's signatures except for Maple
Manor and he will have that before he comes in with the final plat.
Bobbie Jones said they will need a waiver on street light spacing --he has one which
is 346 feet between lights and one which is 320 feet between street lights. Bryce
Davis said he would like a waiver on this so they can put these lights on the property
lines rather than in the middle of the lots. Bobbie Jones said there is one 25 foot
easement requested in Block 4 which is not shown.
Keith Newhouse made a motion to approve the preliminary plat of Maple Terrace with
1) work out the easement with Warner Cable; 2) waive the length of the dead-end street;
3) recommend waiving the distance between street lights in two instances; and 4)
require signatures of all adjoining property owners.
Bill Kisor seconded the motion, which passed unanimously.
The sixth item was the approval of the preliminary CEDAR CREEK
plat of Cedar Creek Subdivision located east of Preliminary Plat
Old Wire Road and South of Creekwood Hills, West of
Winwood Estates and north of Winwood II Subdivision,
Grady Cowden, developer
Rick Cowdrey was present to represent.
Mr. Jacks asked if they are going to connect Susan Drive into Creekwood Avenue. Rick
Cowdrey said the developer is against extending Creekwood. Mr. Jacks asked if
the 25 foot easement on the south side which is outside of either subdivision has
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November 14, 1977. -5-
been dedicated as utility easement and Rick Cowdrey said "no". He said they are
working on this.
Mr. Jacks pointed out that there is a problem with Susan Drive turning into Susan
Circle. He said the names are confusing.
Bill Kisor made a motion to recommend approving the preliminary plat with 1) Creekwood.
Avenue be extended into Susan Drive, 2) easement be worked out with Warner Cable and
3) change the street names so they will not be confusing.
Keith Newhouse seconded the motion, which passed unanimously.
The last item was the amendment to the covenants
of Villa North. This item was taken on to the
Planning Commission without a recommendation.
The meeting was adjourned at 5:10 P. M.
VILLA NORTH
AMENDMENT TO COVENANTS