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HomeMy WebLinkAbout1982-11-19 - Minutes• • • j MINUTES OF A SUBDIVISION COMMITTEE MEETING A meeting of the Subdivision Committee of the Planning Commission was held on Friday, November 19, 1982 at 1:30 P.M. in the Chamber of Commerce, Fayetteville, Arkansas. MEMBERS PRESENT: Barbara Crook, Melanie Stockdell MEMBERS ABSENT: David Williams, Don Hunnicutt OTHERS PRESENT: Al Harris, Bobbie Jones, Suzanne Kennedy The only item of business LARGE SCALE DEVELOPMENT PLAN on the agenda was to consider SARAH'S COUNTRY STORE approval of the Large Scale HIGHWAY 71 B Development Plan for Sarah's Country Store to be located on Highway 71B across from K -Mart Store between King Pizza Restaurant and Power Bowl Lanes; property zoned C-2, Thoroughfare Commercial District. Al Harris was present to represent Northwest Engineers. There was considerable discussion over the number of parking spaces shown on the plat and the number required. Al Harris stated the building dimensions had been changed to 60' x 40'. Bobbie Jones stated this lowers the parking required to 191 spaces for the total development. It was determined that shown on the plat are 81 spaces for the bowling alley, 21 spaces for King Pizza, and an existing 62 spaces, making a total of 164 spaces. Bobbie Jones stated that, for a bowling alley, 6 spaces are required per lane, making the total number required 144. She stated that 14 spaces are required for the offices over Power Bowl. Barbara Crook asked if the same parking space requirements were applied to the old bowling alley on the other side of the street (Ozark Bowling Lanes), adding that there is a terrible problem with parking and traffic there. Bobbie Jones explained that when that bowling alley was expanded, a permit had been issued for only a portion of the building addition to be finished out and later they completed the rest of the interior of the building without obtaining another building permit. The number of parking spaces had been computed based only on the first phase of the building. Melanie Stockdell asked who should cite the owners of that bowling alley for a violation of that type. Bobbie Jones said someone from the Planning or Inspection office would normally do that, but that it never had been done and perhaps the statute of limitations would prevent it from being done now. Melanie Stockdell noted that the bowling alley continues to operate outside the regulations every day. Bobbie Jones asked, in regards to Plat Review requirements, if the engineer had checked with Clayton Powell on the measurements of the driveway. Al Harris stated Powell was out of town but Mr. Rukgaber had said to use 40 feet for the driveway opening. There was discussion as to where the forty feet should be measured. Harris stated the Highway Department goes by the 40 foot opening as shown on the plat and stated they have a maximum and minimum radius Bobbie Jones stated Clayton Powell measures between the breaks in the curbs and asks for a 25 foot safety zone between the breaks. She thinks • • Subdivision Committee November 19, 1982 Page Two this should be left up to Clayton Powell and the Highway Department and she asked Harris to clear that issue up. She said the owners have written a letter asking the Board of Directors for a waiver on the sidewalk issue which should be on the agenda by the first meeting in December and will probably be referred to the Street Committee before then. Barbara Crook asked if the signs shown on the plat are existing signs. Harris said that the signs for the bowling alley and King Pizza were existing. Bobbie Jones stated only one ground sign is permitted on the property unless the property is owned separately, which gets into a lot split question. Barbara Crook asked about the requirement in Plat Review for a stamp of a registered engineer or architect on the plans. Bobbie Jones said this must be done before the building permit is issued. Bobbie Jones said one other item to be considered is the question of lot splits. Barbara Crook noted this does not apply if it is a lease arrangement. Harris stated they do not want to purchase additional property unless they are required to do so to meet -the parking requirements. Barbara Crook stated they will not know for sure on the parking requirements until they go before the Board of Adjustment. Harris said it would be a problem if they bought additional property now and then couldn't get a driveway easement later on. He said they can't do a lot split because they wouldn't have access to the highway. There was discussion as to whether to consider the future possibility of a lot split as it affects Subdivision approval today, or whether the owner would have to come back before the Subdivision Committee on the lot split question. Harris stated they would prefer that the lot split question be taken before the Planning Commission now rather than later. There was discussion about the fact that, since the Planning Commission should be aware of this request before the Board of Adjustment, they may not be able to take action on this plat until the Board of Adjustment has made their determination on the parking. Crook stated the property being considered for purchase is less than one acre, so unless the Planning Commission grants a variance, the property must go before them as a subdivision. Bobbie Jones said this is true, unless they approve a waiver in the minimum tract size for a lot split. She said also, the owner was thinking of keeping a 25 or 30 foot strip of property adjoining the highway, otherwise the Planning Commission would have to waive the requirements that it have frontage on a public street. Barbara Crook asked if this would be a third and final lot split if it is larger than one acre. Bobbie Jones said it was and that the Code calls for it to be five acres for the third split. Barbara Crook brought up that part of the Code under Subdivisions, IV, A, where it states that "the planning administrator shall not waive prelim- inary and final plat requirements for the division of any parcel unless each lot which will be created by the proposed division meets the following minimum size requirements: First Division: 3 acres (each lot); Second and Third Division: 5 acres (each lot). . ." and in paragraph 7 states "no variance shall be granted for any property which does not have access to an improved public street." • • Subdivision Committee November 19, 1982 Page Three Bobbie Jones said she thought the intent of that section of the Code was to prevent her, as planning administrator, from waiving the requirement, but may still allow the Planning Commission to waive it. She read from a section of the Code, under zoning, "the Planning Commission has the authority to waive this requirement where the property owner provides safe and convenient access to fire protection, sanitation vehicles, and all structures shall be so located on lots as to provide safe and convenient access to service and fire protection and required off street parking.' (Article VIII, Section 6) It was determined that John Power, not Michael Nall, would be the potential buyer. Bobbie Jones said if John Power purchases the additional tract and retains ownership it could be handled by a property line adjustment and they would not charge a lot split against it, making the above questions not applicable. There was discussion as to the train of ownership of the property. Bobbie Jones said she had talked to the City Attorney about moving property lines when you have larger parcels and this has been done before. Barbara Crook stated she views this more as a lot split than a property line adjustment. Harris said the store part would be leased separately and the rest of it would be a parcel with no access to the street. There was further discussion as to whether this will be handled as a lot split. Barbara Crook asked, if they recommend it be handled as a third and final lot split, are there other requirements that would then come into play since it is taking it out of the subdivision category. Jones said they need to have the Planning Commission waive the frontage requirement or they must have some street frontage in a commercial zone. She said the Street or Fire Department has asked for at least a thirty foot strip for access and she stated she would not approve anything less than 25 feet. There was more discussion on the reasoning behind parking requirements for a bowling alley. Jones suggested the Update Committee be asked to look at the parking requirements for a bowling alley. She said sometimes there is a waiting list of people sitting and waiting for a lane to come available. Melanie Stockdell made a motion to recommend that (1) the Planning Commission grant a variance from the size MOTION requirement of five acres in order to allow this to be handled as a third and final lot split, to be conditioned upon this parcel being used as shown on this plat only and conditioned upon the development of a thirty foot driveway access to Highway 71 AND (2) that the large scale development be approved subject to Plat Review comments. Barbara Crook stated they must handle the question of the distance from the property line of the relocated driveway between King Pizza and Brown's Little Jug. Bobbie Jones said the driveway must be 121' from the property line unless it is on the property line and shared by the properties. It was decided that the Subdivision Committee need not act on the number of parking spaces required except to call to the attention of the Planning Commission that this will go to the Board of Adjustment. The motion was seconded by Barbara Crook and passed, 2-0. Jones told Harris there is an application form to be filled out to file an appeal to the Board of Adjustment. 1 Subdivision Committee November 19, 1982 Page Four Melanie Stockdell moved the Minutes of the last meeting of November 5, 1982 be approved as mailed. The motion was seconded by Barbara Crook and passed, 2-0. MINUTES • With no further business, the meeting adjourned at 2:25 P.M. 87 - LdreGa.R.: ✓ ✓ [�teais �/ ✓ al �� reistder /9 ry ' ,,,e_a. r vacs -e. ,,, ,, iiireson_ 4.--- 4ncJ a� -. // ✓ ✓ ✓ate v Le - • -t dicer" IIM 1 ' `/ dica`"f `/ 0.04 -d i a 3 . 034 r as • vd ✓ /Vv` 1/411e . _ i9 G am- `-- -v- • fe,Qc2s a 0 6 3 ,�