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11 DEC 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on December 12, 2011. Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Jim Moore, Susan Dollar, Avis Twitty, Joe Ott, and Alderman Howard answered ROLL CALL. Chairman Young declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Whisker, Tommy Bond, interested citizens, petitioners, and press. Nomination of 2012 Officers: Alderman Howard moved, seconded by Commissioner Brannen to nominate Chad Young as 2012 Chairman of the Planning Commission and Glen Keaton to serve as Planning Commission Vice Chairman and Board of Adjustment Chairman. MOTION CARRIED. Commissioner Joe Ott and Alderman Howard volunteered to serve on the 2012 Board of Adjustment. Chairman Young noted that Commissioners Brannen and Dollar would be going off the Commission at the end of December. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Keaton moved, seconded by Commissioner Ott to approve the regular meeting minutes of November 14, 2011 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): FINAL PLAT Commercial business located at 7217 John Harden Drive (later named Naji Subdivision) City Engineer Whisker recalled that the item was before the Planning Commission in May 2011, requesting approval to facilitate opening a commercial business. He related that the main focus at that time was the State code requirement for a bathroom, explaining that Mr. Naji did receive a waiver from the State to construct the bathroom. He then recalled there was an issue regarding the number of parking spots for a 2,000 foot structure, which would require 10 parking spots. He also noted landscaping issues, the requirement to plat the property and the construction of a sidewalk. He went on to note that the property has water and is on a septic tank. He related that he was contacted by Mr. Naji two months ago and began working out the details. He explained that Mr. Naji met with the Code Inspector and Fire Marshall regarding the finishing details of the building. He added that the building is completed and has passed inspections. He then explained Mr. Naji desire to begin selling products from his business tomorrow morning. He stated that it will be on an “on-call” basis because of Mr. Naji’s health issues. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. He related that Mr. Naji is requesting a waiver from the requirement of 10 parking spaces and landscaping requirements. He then related that Mr. Naji had wanted to complete the landscaping and paving before the meeting, but added that he had specifically explained to Mr. Naji that completion of those items prior to the Planning Commission granting any waivers could be counterproductive if the waivers for whatever reasons were not granted. Mrs. Alison Naji concurred that tonight’s goal is to get approval so they can open their business tomorrow morning. She explained that they have passed all inspections, adding that the only thing holding them back is approval from the Planning Commission to open. She related that she had met with City Engineer Whisker, explaining that she agreed to construct the parking lot as drawn. She said that she would have it paved for seven or eight spaces with marked spaces for four of those spaces. She added that they are willing to do all the landscaping as drawn by City Engineer Whisker and possibly more. She explained that she had talked to City Engineer Whisker about a 6’ buffer in front of the building as well as around the tree in the front. Mr. Naji explained that because of his disability he would not be able to have the store open except by appointment only. He noted that this is only possible because his home is located next to the business. He spoke of the possibility of putting in an asphalt drive which could accommodate additional parking. Discussion ensued that the asphalt has not been constructed, as well as other improvements. City Engineer Whisker explained that he had informed Mr. Naji that until the improvements were completed, the Planning Commission could not approve the final plat unless the improvements were bonded for. He related that in speaking with Mrs. Naji he learned that they were not in favor of platting the property because of costs. Mrs. Naji stated that they did a final plat when they purchased the property, explaining that they were told at the time that the property was zoned C-3 for commercial and they were grandfathered in to have a house because the house was already there. She stated they would not have purchased the property if they were not allowed to have the house and a business on the property. She stated that was the way the property was sold to them. In response to a question from Chairman Young, City Engineer Whisker explained that platting of the property is typically done when large tracts of land are separated into smaller tracts. He stated that in this particular case, if the property where platted as a whole then they would have to construct sidewalk for the entire property being platted, which is approximately 7 acres with 1,000 feet of frontage. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. Mrs. Naji stated that the property consists of 12 acres but does not have that much frontage. She then pointed out that there are no sidewalks on their side of the road within 3 or 4 miles. She added that she had spoken with an engineer who had advised her to ask the Commission to defer building the sidewalk until such time as there are other sidewalks in the area. She stated that there are other businesses that have come in after them and they do not have sidewalks. City Engineer Whisker noted that another reason for platting the property would be to have easements established that the City would need such as a utility easement along the front of the property. He noted that he had drawn in a 25’ utility and sidewalk easement along the front. He went on to say that currently there is an existing waterline easement for a 16” waterline, noting that there is also a 12” waterline in the area. He then explained that if any sanitary sewer were run the City would want the easements in place. He stated that it is typical when property is developed for the City to prescribe the easements that would be necessary for future use. Mrs. Naji stated that they already have an existing right-of-way, adding that she had contacted each utility regarding future easement needs. She continued saying that she feels a 25’ easement is excessive since there is already a right-of-way. She stated that all the utilities were already in place when they purchased the property. She related that she had spoken with a CenturyTel engineer and that she has a letter stating that the right-of-way is sufficient. She added that the utility is already in place and they told her that they did not have any future plans for that property. She then added that she had spoken with the AT&T engineer who said the same thing. She stated that Entergy told her that they have an easement in the back of the property and have no plans for an additional easement. She stated that she had letters to that affect from all of those utilities. She then continued saying that she also has a letter from the Jacksonville Wastewater Utility stating that they are not sure of the route that they would take regarding the area. She related that she had told the Wastewater Utility that she is ready to grant an easement but 25’ sounds like a lot. She continued explaining that she assured them that she is willing to work with them to grant an easement. She stated that the Wastewater Utility told her that they were not sure yet where they would go, saying they had stated they might run sewer from behind the property or even across the street. She related that she was told the Wastewater Utility would contact her closer to the time when they would be more aware of their needs. She stated that the only utility that would not give her a letter was the Jacksonville Water utility, pointing out that they are already in the area. She related that the man she spoke with at the Water Company told her that they may never go into the area again, but stated that he could not 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. give her a letter because the City Engineer is asking for the easement. She reiterated that 25’ is excessive, adding that she does not like the way it is worded because it is too general and vague. She quoted the terminology “general improvements”, asking what that exactly means. She stated that she cannot grant access and then later someone present her with a bill for improvements. She stated that someone needs to explain to her what the easement is for, what it will be used for, and when it will be needed. She stated that she is willing to work with anyone regarding specific needs but she does not want to grant a “blanket general 25’ easement.” She stated that she is willing to work with the City regarding the parking and landscaping but differs with the City regarding the 25’ easement. She continued saying that she feels the 25’ easement is excessive and not needed. She then added that she would be willing to construct the sidewalk when everyone else constructs a sidewalk so that it will make sense and connect to something. In response to a question from Commissioner Moore, City Engineer Whisker stated that the Naji property was not developed in the typical manner; usually easements and building placement are approved prior to construction. He stated that regarding this instance the Highway is planned for widening from Redmond Road through to north of Cabot. He related that the Highway Department has preliminary drawings and will begin having public meetings in January. He continued saying that as far as moving utilities, that will probably happen because they do not allow public utilities underneath their roadways. He stated that while he understands that the utilities have conveyed that they have no plans to move; once the new Highway plan is fixed, the utilities may have to move. Chairman Young questioned if all of John Harden has 25’ easements. City Engineer Whisker replied that it depends on the area, explaining that the 16” waterline has to have its own easement. He stated that it is an easement by prescription, which means it has been there for so long that we have one for it. He stated that other than that he is unaware of any easements across the property. He stated that the reason for platting the property is to make sure the City has any necessary easements for future plans. He stated that Mr. & Mrs. Naji have stated that they would agree to the necessary stipulations in order to be able to open their business for the Christmas shopping season. He stated that if approved as a final plat, they would have to bond for the necessary improvements. In response to a question from Chairman Young, Mrs. Naji stated that they are willing to construct the parking lot, but would like to defer construction of the sidewalk until other sidewalks are established in the area. She stated that they would bond for the parking lot with cash until the construction is completed. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. Discussion ensued as to the plat being considered a site plan rather than a final plat and the extent of approval for improvement bonding. Mr. Naji pointed out that there are no sidewalks from the law office on John Harden down to Hwy. 5. Chairman Young explained that in order for the Planning Commission to be able to approve the final plat any improvements that would be constructed at a later date would have to be bonded for. Mr. Naji stated that he had spoken with his mortgage company and they had told him that he could not separate (subdivide) part of the property because they have a lien on the entire tract as a whole. He offered that basically his business is a home based business, which is only open by appointment only. He pointed out that when booking appointments, he would not book more than one customer at a time. City Attorney Bamburg clarified that while the Commission has several issues to address; the petitioners are seeking a certificate of occupancy, which City Engineer Whisker cannot issue without final plat approval and the conditions of the final plat being satisfied. He continued saying that as discussed; the petitioners would have to post for the parking lot, landscaping, and sidewalk (if it is to be constructed at a later time). He added that without the improvements being constructed the building is not in a position to have a certificate of occupancy because of access and other issues. He informed the Planning Commission that it is their responsibility to ensure that the public has proper access to the building as a retail business. He stated that while this may be an appointment only business, it is still a retail business and as such it has to satisfy those code provisions. He related that to his knowledge no final plat approval has been granted in the past without easements and 25’ is what is being requested. He stated that this involves an area of the City that is destined to be changed in a short time. He urged the Planning Commission not to approve the final plat without the appropriate easement to protect the City utilities. Chairman Young questioned if the bond would have to be in place prior to the approval of the final plat. City Attorney Bamburg stated that the final plat could be approved contingent upon the posting of a bond. Mrs. Naji stated that when she met with City Engineer Whisker on their property, she had related to him that their plan was to be open on Tuesday. She reiterated that they have passed all inspections and she had planned to have the parking lot and landscaping completed but City Engineer Whisker had warned that the plan needed to be approved prior to construction. She stated that City Engineer Whisker had told her that if the Planning Commission approved the plan then they could 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. open. She noted that if the Planning Commission were to approve their plan for parking and landscaping then the items left would be the sidewalk and easement. She stated that there are no other sidewalks in the area within 3 or 4 miles and she has letters from the utilities stating they do not need the easement. She continued saying that she feels they should be allowed to open and do business before Christmas, adding that they need to generate some revenue. City Engineer Whisker stated that the other option would be to have the final plat drawn by an engineer of their choice since they want something different from what is being presented. He noted that he has never in his tenure had to draw a final plat for a petitioner. Mrs. Naji noted that neither the County or the City of Cabot required the improvements that are being requested by Jacksonville. She further noted that she has a Cabot address and the property was located in the County. She stated that they had plans for the business when they purchased the property in 2005. She related that they are trying to work with the City, but this is not expected. She continued saying that there is no reason to keep the business closed and preventing them from earning money because of a sidewalk and easement. She stated that they have the cash to do the immediate improvements. She then noted that if she has to expand the parking space then it would have to go into the requested easement area. Commissioner Dollar confirmed that they intend to asphalt for seven or eight parking spaces with lines drawn for four spaces. She then stated that she did not feel the Planning Commission could be flexible regarding the easement request. Alderman Howard stated that he could support a waiver for the sidewalk. Commissioner Keaton questioned if the property could be zoned for a mixed use and the easement be addressed on a metes and bounds description. City Engineer Whisker noted that the annexed area was all brought in as C-3 unless a property owner requested a different zoning. Commissioner Keaton reiterated his suggestion that it could be worked through a 25’ metes and bounds description for an easement and right- of-way. City Engineer Whisker concurred that it is possible; acknowledging that there are several ways to address an easement but typically it is done when the property is platted. City Attorney Bamburg clarified that a metes and bounds easement would require subdividing without a plat, which is prescribed by Code. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. City Engineer Whisker noted that currently the property has two primary structures on one tract of land. Commissioner Dollar inquired as to the required length of sidewalk. City Engineer Whisker stated that since a structure was built on the property without subdividing, the sidewalk would be the length of the property unless otherwise directed by the Planning Commission. In response to a question from Chairman Young, City Engineer Whisker replied that there are no other sidewalks located on the John Harden side of the Freeway. He then noted that the T.P. White side of the Freeway has started to develop sidewalks with Hog Wild and the boat dealership. He then explained that another property owner, starting a business in the area, will be coming before the Planning Commission soon requesting the same type conditions for his business on the Freeway. Mrs. Naji countered that she feels that is a separate issue from their request since they purchased their property in 2005. She went on to say that they did not obtain a waiver for the bathroom but explained there are two State ordinances that provide for why they are not required to construct a bathroom. She stated that if they had constructed a bathroom, they would have spent approximately $10,000 they would not have had to spend. She stated that her husband needs to open his business and generate some money while these other issues are being considered. Chairman Young offered that the restroom issue was a State code and the Planning Commission did not have the authority to waive any such requirement. Mrs. Naji stated that the landscaping and asphalt could be done quickly, noting that the sidewalk shouldn’t be a reason to keep the business closed. She went on to say that she feels the easement is excessive, adding that she has letters from all the utilities stating they do not need that easement right now. She stated that she is willing to work with anyone in the future who might need that easement. She stated that she would like to be involved in what goes into the easement and would be willing to work with any utility requesting an easement, adding that if she signs away her rights she would not be able to be involved. City Attorney Bamburg advised the Commission that a final plat would need to include any easements requested by the City, adding that to his knowledge there has never been an occasion when an easement was waived from being on the final plat. He cautioned that this would set a negative precedent for the remaining development on Hwy. 67/167. Mrs. Naji stated that if Jacksonville needs the easement, she would want to know what plans the City has regarding use of the easement. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. City Attorney Bamburg stated that the City would provide that information but until the final plat is approved the business would not be able to open. Mrs. Naji stated that she does not understand why the business cannot open while these issues are being resolved. City Attorney Bamburg stated that she was aware of the issues in May when the item came before the Commission previously, and is now requesting to be able to open tomorrow regarding circumstances that the Planning Commission cannot satisfy. He stated that he would not recommend the Planning Commission putting itself in a position of waiving the requirements that are being asked to be waived in order to obtain a C.O. to open tomorrow. He reiterated that it would set a negative precedent for the future. Mrs. Naji stated that the item of contention is the 25’ easement because she is not sure how the City intends to use it. City Engineer Whisker and City Attorney Bamburg related that the easement would be used for the sidewalk, parking, and landscaping. Mrs. Naji then stated that she has agreed to the full landscaping and more parking than what was drawn by City Engineer Whisker. She added that she is aware of many businesses that are just now being asked if they have a permit to do business, but do not have permits because they were not aware they needed one. She stated that the City is not even allowing them to open; adding that it is not fair regarding their loss of income. She related that she is still checking with the County, because when they purchased the property they were told one thing and now they are being told something else. City Engineer Whisker stated that Mr. Naji is describing existing businesses that were already in operation when the City annexed the property in July. He added that currently the City is trying to bring everyone into compliance regarding their business licenses. He stated that some of the businesses had special circumstances and have been allowed to stay open while correcting issues of compliance. Mrs. Naji interposed that they would like to open their business while working with the City regarding issues of compliance. Mr. Naji stated that because of issues regarding his health he was not able to remain in his previous business but purchased the property so he could have a business close to his home. He stated that they took out a second mortgage on the house in order to be able to open this business but ran out of money in 2005 before finishing the project. He added that in 2010 they borrowed money against his wife’s retirement plan in order to finish the construction. He stated that 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. during this time they were not a part of Jacksonville, they contacted the City of Cabot who told them that they did not need a business license. He continued saying that they also asked the County, adding that they have been through all these things and now everything is ready and they are not allowed to open the business. Chairman Young stated that the Planning Commission is very supportive of businesses; however there are certain procedures that the Planning Commission have to go by in order to approve their opening. Mrs. Naji stated that she was told by City Engineer Whisker that as long as patrons had a paved surface to walk on, they did not have to construct a sidewalk in front of the business. She stated that it seems unfair to be the only business within three or four miles that would have to construct a sidewalk or be allowed to open until constructing a sidewalk. She went on to say that as far as the easements, they do not want to stop progress and will probably give whatever is needed but she would like to be advised as to what the easement is for. She added that if she grants a blanket easement then she has waived her rights. Commissioner Ott clarified to his understanding that before the Planning Commission can approve a final plat there has to be bonding in place for the necessary improvements and presentation of the final plat. He then questioned if the Certificate of Occupancy could be granted with the stipulation that the final plat be forthcoming in a specified time frame. City Attorney Bamburg stated that he would not recommend that avenue, pointing out that once a C.O. is issued, even conditionally; it creates a scenario that could become more troublesome. He stated that he does not feel that it would be a scenario with any positive probability. Alderman Howard stated that he would like to see the Planning Commission be able to help Mr. & Mrs. Naji but at the same time have the Planning Commission be able to meet their basic requirements. He went on to say that the easement needs to be enforced as directed by City Attorney Bamburg. He stated that he does not believe it would hurt to grant a waiver regarding the sidewalk and less parking. Commissioner Dollar stated that her concern would be that this is not going to be the only instance that the Planning Commission will have to deal with this issue. She stated that for her the landscaping is not an issue and she interprets that the Planning Commission is flexible regarding the parking, but does not feel the sidewalk should be permanently waived. She added that she could see deferring the construction until a later time when it would be more utilized. She stated that she would not feel comfortable waiving the easement at all. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. Commissioner Twitty stated that she also would be in favor of trying to help the Najis’ have their business opened, noting that this has been a long-standing situation. She continued saying that if they do not comply, the business could be asked to close until they do come into compliance. Mr. Naji reiterated the need to be able to open for Christmas shopping. He reminded the Commission that he would be open by appointment only. Chairman Young stated that he is sure the entire Commission wants to help but they have to operate within the guidelines of what they are authorized to do. Commissioner Moore suggested that the issue of the easement be handled on a separate motion. City Engineer Whisker clarified his understanding that the Planning Commission is willing to grant waivers regarding the sidewalk and parking. Mr. & Mrs. Naji have stated that they are having problems platting the property because their mortgage company will not let them divide the property. He stated one solution could be to plat the whole piece of property with a 25’ easement along the entire length of the property. He noted that any further division of the property would have to come back before the Planning Commission and the easement would already be established. He then added that they would have to bond for the asphalt and landscaping if the sidewalk is waived. Commissioner Dollar stated that she would not be in favor of waiving the sidewalk permanently. Mr. Tommy Bond offered that if an easement deed is acceptable then the property would not have to be platted. City Attorney Bamburg stated that it would not accomplish getting Mr. & Mrs. Naji a Certificate of Occupancy because the easement alone does not solve all the issues. Mrs. Naji stated that after hearing Mr. Bond’s suggestion, in order to get the business open she feels she may have to acquiesce to the 25’ easement. She then related that she is willing to post cash for the improvements. Mr. Naji reiterated that he would have a problem with the mortgage company if he tries to divide the property. Commissioner Keaton supported not requiring the whole property be platted but establishing a 25’ easement along the front but allowing them to bond for the improvements as well as a temporary waiver on the sidewalk issue. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. City Attorney Bamburg stated that the Planning Commission has that authority but is waiving the requirement of presenting a final plat. He then related that the Planning Commission could authorize City Engineer Whisker to review the final plat and make a determination regarding direction of the Planning Commission so Mr. Naji could open sooner rather than returning for the next regularly scheduled Planning Commission meeting. Chairman Young reminded the Commission that sidewalks are typically not waived unless there is an ADA issue. He reminded the Commission that other businesses would also be developing in the area who would request the same consideration. Discussion ensued regarding not having to construct the sidewalk immediately but having to bond for it as a future improvement. Chairman Young clarified for Mr. & Mrs. Naji that the Planning Commission seems to be willing to grant a waiver on the parking and allow for the sidewalk, parking, and landscaping to be bonded pending completion. He stated that the issue of a final plat could be approved contingent on the bonds being in place and the dedication of a 25’ utility easement deed for the entire length of the property. Commissioner Ott offered that the final plat could be contingent upon meeting these requirements in lieu of a special meeting and City Engineer Whisker could make sure of compliance. He stated that otherwise the Planning Commission could host a special meeting. Discussion ensued regarding the presentation of a final plat; Mr. Bond offered that a final plat could be completed fairly quickly so the Planning Commission could host a special meeting to expedite the situation. Commissioner Moore offered that the Planning Commission could meet Thursday night before the City Council meets to consider the final plat with the easement. It was the consensus of the Planning Commission to table the item of business and host a special meeting Thursday, December 15, 2011 to consider the submittal of a final plat including an easement and bonding for the improvements of parking lot, landscaping, and sidewalk. City Engineer Whisker clarified for his understanding that the Planning Commission will allow for the parking lot with eight spaces and stripping for four of the spaces, landscaping will be a six foot buffer around the building and in the front including the tree, sidewalk not for the entire 12 acres featuring 700’ across but only for the length of 100’ from the asphalt drive to the corner of the building to the north. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. Discussion ensued regarding the requirement of a bond for a sidewalk regarding the entire width of the property and Mr. Bond calculated that the bond would have to be for approximately $10,000.00. Mr. Bond offered that if the sidewalk requirement is for just the commercial section of the property, the odds are that as the property develops the sidewalk could be stipulated with that development. He then noted that if the requirement for sidewalk is just for the area adjacent to the commercial property, the bond would still have to be approximately $2,000.00 to cover the construction of a sidewalk. It was the consensus of the Planning Commission to only require sidewalk for approximately 100’ to 120’ regarding the commercial business, which would require a bond of approximately $2,400.00. It was clarified that as the property is subdivided the requirement for sidewalk would come into play amounting to a postponement of the sidewalk requirement pending future development. It was reiterated that the consensus of the Planning Commission is to host a special meeting December 15, 2011 to review the final plat and other requirements as outlined in discussion. REQUEST TO ADD ITEM TO THE AGENDA: FINAL PLAT COURTYARD COTTAGES Commissioner Moore moved, seconded by Alderman Howard to suspend the rules and place the final plat of Courtyard Cottages on the agenda. MOTION CARRIED. Mr. Bond stated that the request comes as a result of the mortgage having to be closed prior to the first of the year. He stated that the Water & Sewer has been accepted. He went on to say that it is his understanding that 43 residents are already living in the development. He pointed out that a check has been provided to the City in the amount of $7,760.00 to bond for an uncompleted sidewalk. City Engineer Whisker explained that the sidewalk along Military Road was not constructed, adding that when the developer realized the sidewalk had not been constructed they ran into the issue that there was not enough space to fit the sidewalk on the property, adding that the fencing and grading had already been completed. He explained issued regarding the road right-of-way in that area, adding that it would make it difficult to place a sidewalk. He related that the developer is offering the City the amount that it would cost to construct the sidewalk for a different area where it would be more useful. He related that it would not be the best ideal safety situation to have school children walking on that side of the development to get to the elementary school, which is why there is a sidewalk on the north end of the development leading to the school. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. – 8:22 P.M. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the final plat for Courtyard Cottages. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: Chairman Young noted that the City Council will be addressing the topic of a moratorium on billboards at their next meeting. Alderman Howard stated that there is a possibility of widening the Highway between Jacksonville and Cabot so the moratorium will assist the Highway Department regarding rights-of-way. City Engineer Whisker stated that it is prudent to make sure that if the Highway is widened that the Arkansas Highway Department doesn't have to pay for additional signs and loss of rental income regarding those billboards in the rights-of-way. City Attorney Bamburg stated that until the Arkansas Highway Department ruling is released to indicate their plans, the City Council is going to institute a moratorium on billboards. He added that later the need for modifications to the ordinances will be addressed. He explained that currently the Board of Adjustment reviews those request to erect a billboard in the City of Jacksonville. He stated that this is not a permanent issue but dependent on the issuance of the Arkansas Highway Department plans for the expansion of Hwy. 67/167. It was the consensus of the Planning Commission to support a temporary moratorium on billboard in the City of Jacksonville. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 8:22 p.m. Respectfully submitted, _________________________ Susan L. Davitt 13