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11 JUL 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. – 7:52 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on July 11, 2011. Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Jim Moore, Susan Dollar, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Chairman Young declared a quorum. PRESENT (7), ABSENT (2). Commissioner McCleary arrived at approximately 7:12 p.m. Others present for the meeting were City Engineer Jay Whisker, Mayor Fletcher, Director of Administration Jim Durham, Tim Lemons, Shada Roberts, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Howard moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 9 May 2011 as amended. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Base Meadow PH IV Mr. Tim Lemons with Lemons Engineering, representing developer Greg Heslep, offered the plat. City Engineer Whisker related that PH IV is located at the northern end of Base Meadows Subdivision. He stated that the Water Department had some concerns and has not approved the revised plat submitted, requesting that any approval be contingent on Water Department acceptance. He pointed out that the other issue is that the street grades within the culdesac go upwards of 9%, which breaks ADA standards for sidewalks. He explained that City code states 20 lots or greater is the breaking point and this phase has 23 lots and requires sidewalk. He then added that with the grade of the street it would not follow ADA rules. He then pointed out that this would also apply to the area located on Hwy. 107. He explained that he is unfamiliar with ADA regulations regarding sidewalks along a road running the same grade as the road. He stated his feeling that City Attorney Bamburg would need to research that law. He then related that the developer is requesting a sidewalk waiver along Hwy. 107 from Aviator to the north. He noted that the developer is finishing the sidewalk that was started along Hwy. 107 from Base Meadows Drive going north and stopping short by one or two lots. He explained that the sidewalk would go between the entrances onto Hwy. 107 and up to General Samuels. Mr. Lemons interjected that ADA regulations do not require that a sidewalk has to be built on every street, adding that it does state that if a sidewalk is built it must be to ADA standards. He then CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. – 7:52 P.M. added that ADA requires a cross rate of 2% regarding sidewalks, which means you can have about an inch of fall regarding a 5’ wide sidewalk. The grade along the centerline of the sidewalk cannot exceed 5% unless it is a ramp. He then stated that a ramp can go up to 8.3%, but can only go up to 12’ in length before it has to be tapered back out. He stated that having a 9% grade on this street for the first 300’ there is no way to build a sidewalk that would be ADA compliant. He stated that the developer is offering to build a sidewalk from Hwy. 107 around to the interior street where the two sidewalks are now. He stated that the waiver is not that great because there are only 23 lots and the maximum is 20 lots. City Engineer Whisker stated that a sidewalk could be built, but it would be to a smaller grade. He went on to say that there would be length and then you would have to switch back in the front yard. He then answered that by law ADA regulations must be followed if the sidewalk is built. Mr. Lemons offered that any sidewalk would loop back around, clarifying that they are requesting not to have to build the sidewalk within the culdesac. Further discussion ensued regarding ADA requirements, City Attorney Bamburg stated that it would need to be researched but added that his concern would be granting a sidewalk waiver. He stated that while he understands the need to comply with ADA, the City Council is insistent on having sidewalks regarding all developments. He added that it is more of a local legislative effort rather than the Federal legislative effort regarding ADA. City Engineer Whisker noted that approximately 10 years ago the Planning Commission approved a subdivision without sidewalks and the City Council did not approve the final plat; the developer had to go back and put in the sidewalks. He then added that in this particular instance this is an unusual situation that has occurred for the first time. He stated that he is not in support of putting in a sidewalk that cannot be ADA compliant. Mr. Lemons noted that any sidewalk built after 1992 has to be ADA compliant. He went on to say that ADA does not always require a sidewalk but if a sidewalk is constructed it has to be ADA compliant. He offered that if a waiver from sidewalk is researched and it is found that ADA would not require compliance because of the terrain, the developer would add the sidewalk to the construction. He then answered that ADA only requires that sidewalks be 36” wide, but the centerline grade cannot be above 5% for an extended length. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. – 7:52 P.M. Commissioner Ott suggested a retaining wall to the front of the lot in order to have a better grade for sidewalk construction. Mr. Lemons pointed out that it would be costs prohibitive. He then reiterated that the waiver is for 23 when the cut-off is 20 lots. In response to a question from Chairman Young, City Engineer Whisker noted that the request for a sidewalk waiver along Hwy. 107 was previously discussed but was postponed until the next phase was proposed. He then offered the other issue, noting the lots with numbered building pads for elevation back up to the creek that drains the Air Base lake, adding that there was a study by the Corp. of Engineers regarding the ramifications of a 100 year rain, if the dam were to break. He stated that the study designated the dam as being a low-hazard as opposed to be a high-hazard. He stated that the elevations will keep those houses from flooding if those conditions were to occur. He explained that an option to have a retaining wall versus the elevation pads was discussed; a retaining wall would have to be engineer approved regarding the hydrostatic pressure of the dam at that elevation. He noted that there are approximately six lots that would be affected by this. He stated that any approval would need to state safeguards regarding the pad height or engineered drawings to ensure the stability of the structure due to the possible flooding of the area. He then answered that none of the property is actually in the flood plain or floodway, reiterating that it was a study by the Corp. of Engineers that showed what would happen during a 100 year rain event if the dam were to break. Chairman Young stated that he feels the only recommendation the Planning Commission would have purview to would be the elevation factor. City Attorney Bamburg clarified that whether it is the pad elevation or the retaining wall, the Planning Commission needs to ensure that it satisfies minimum engineering requirements and the minimum flood preventive requirements. Commissioner Moore noted that the area of the six lots in concern is a steep declining terrain leading to the creek bed. He then related that he went on Base to look at the dam, saying that it is a dirt berm type dam. He stated that he would be concerned about a pier and beam type foundation, questioning if the water could still get underneath the homes. He then brought up further concerns for any additional buildings such as a storage building in the back yards. Mr. Lemons stated that they are recognizing the study that was performed by the Corp in 2004, adding that they are proposing to bring all the buildings above the elevation based on that study. He stated that they are enacting a flood zone on property that does CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. – 7:52 P.M. not technically have a flood zone. He stated that any requirements regarding pads versus pier and beam would be requirements that they would have to comply with regarding the six lots. He noted that any fill would only have to be 3.5’, adding that the lots are not that far off from the requested elevation by the Corp of Engineers. He then answered that regarding pier and beam construction it would be about the same, noting that as you move to the end of the culdesac the ground begins to rise and move out of this problem. Commissioner Dollar moved, seconded by Commissioner Brannen to approve the Preliminary Plat of Base Meadows PH IV; contingent upon approval from the Water Commission, waiving the sidewalk requirement regarding the culdesac, waiving the sidewalk on Hwy. 107 north of Aviator, and that pier and beam or pad construction comply with engineer specifications regarding Corp of Engineers’ elevation requirements with the option of using a pad or pier and beam. In response to a question from Alderman Howard, City Engineer Whisker noted that the west side of Jacksonville tends to have more hills that would be a consideration for sidewalk construction. He stated that there could be additional requests for sidewalk waivers regarding further development of the west side of Jacksonville. City Attorney Bamburg requested an opportunity to research the ADA sidewalk requirement issue. Commissioner Dollar moved, seconded by Commissioner Brannen to approve the Preliminary Plat of Base Meadows PH IV; contingent upon approval from the Water Commission, and that pier and beam or pad construction comply with engineer specifications regarding Corp. of Engineer elevation requirements with reservation regarding sidewalk issues to be addressed at the regularly scheduled August Planning Commission meeting. MOTION CARRIED. b. PRELIMINARY and FINAL PLAT Harris Subdivision Shada Roberts of Bond Engineering stated that the petitioner is proposing to divide a half acre property into two lots to build single-family homes. She pointed out that there is an existing sidewalk and utilities available to site. She then noted that a 20’ right-of-way issue has been agreed on. City Engineer Whisker informed the Commission that this property located at 510 Ray Road had a house that was condemned and demolished by the City in 2002. He noted that lot one of the proposed subdivide is 1’ shy in width of satisfying the R-1 zoning specifications being 59’ instead of 60’. He then added that the square footage is bigger than minimum requirement. He added that sidewalk and curb and gutter is already at site with all utilities. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. – 7:52 P.M. Alderman Howard moved, seconded by Commissioner McCleary to approve the Preliminary and Final Plat of Harris Subdivision, granting a 1’ waiver for lot 1. MOTION CARRIED. ADDITION TO THE AGENDA: Commissioner Moore moved, seconded by Commissioner McCleary to suspend the rules and add to the agenda an item regarding the newly annexed territory along the Hwy. 67 corridor. MOTION CARRIED. City Engineer Whisker offered a zoning map of the annexed territory, explaining that the proposed zoning matches the current use of the property. He reviewed the existing zoning uses as well as the creation of a new zoning of C-5 to accommodate liquor stores. City Attorney Bamburg related that the C-5 zoning was setup to allow for alcohol distributorships, off-premises retail of alcohol sales, and off-sale wholesale alcohol sales. He explained that a liquor store may also hold a wholesale license in order to sell to private clubs or restaurants. He related that the setup for C-5 follows what C-4 allows regarding dimensional requirements. City Engineer Whisker noted an area near Coffelt and John Harden that is zoned C-3, R-3, and A-1 as part of an agreement with the property owner. In response to a question from Commissioner Dollar, City Attorney Bamburg stated that because 90% of Jacksonville is part of the Old Gray Township, a new zoning was necessary rather than have it put under the existing C-4 zoning. He further explained that the Township is dry regarding alcohol sales. He noted that any modification to the wet/dry issue would require a vote by citizens living within the Old Gray Township territory. He then pointed out a provision in the draft ordinance which reads “No real property located outside the legally defined and specified boundaries of the property/territory known as the Old Gray Township may be classified, modified, or zoned as a C-5 zoning district.” He stated that the City still has to comply with the Old Gray Township requirement until that is changed, adding that to his knowledge there is no vote planned on the issue. Director of Administration Jim Durham pointed out that any property south of Coffelt is part of the Old Gray Township in this particular area. He stated that everything that was annexed north of Coffelt is outside the Old Gray Township. He reviewed areas that were brought in as commercial. City Attorney Bamburg stated that the Planning Commission would need to make recommendation to the City Council. He then answered that the proposed additions would expand the current Land Use Map. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. – 7:52 P.M. Commissioner Dollar moved, seconded by Commissioner Ott to recommend to the City Council the proposed changes of the Land Use Plan including the addition of a C-5 zoning. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:52 p.m. Respectfully submitted, _________________________ Susan L. Davitt