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11 SEP 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on September 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, and Joe Ott answered ROLL CALL. Chairman Young declared a quorum. PRESENT (5), ABSENT (4). Others present for the meeting were City Engineer Jay Whisker, Shada Roberts, Mayor Fletcher, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 8 August 2011 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): PRELIMINARY & FINAL PLATS Marine Subdivision, Lot 1 Ms. Shada Roberts of Bond Engineering stated that the property consist of one tract being proposed for development of a boat dealership. She related that the highway drive permit has been submitted to the Highway Department, adding that there is already a 1” water meter established for the lot. She explained that the property would have a septic tank, adding that two areas for septic have been approved by the Health Department. She then noted that the property already has a sidewalk that is along T.P. White Drive. She mentioned discussions with City Engineer Whisker regarding a requested 20’ easement, noting that while the plat actually shows a 10’ easement the developer is aware the City is requesting a 20’ easement. In response to a question from Chairman Young, City Engineer Whisker explained that the easement is for the Water Department. He explained that the Water Department is proposing to run the main trunk waterline along T.P. White. He then added that the location is just north of Coffelt Road and the LDS Church. Ms. Roberts related that the driveway is approximately 200’ north of the Austin Ready Mix plant. City Engineer Whisker additionally explained that a previous developer ran water underneath the freeway, so that fire flow water could be provided to the north and south. He stated that as property is developed the Water Department will need larger lines to adequately provide fire flow. He then answered that the property is zoned commercial for this type of operation. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. City Engineer Whisker confirmed with Mr. Blake Huff that the Final Plat is to be withdrawn from the agenda, expressing his intention to resubmit the Final Plat following the completion of improvements. City Engineer Whisker stated that it is Mr. Huff’s desire to obtain preliminary site plan approval so he can begin construction along with the improvements. He informed the Commission that other improvements would need to be contingent upon approval of the preliminary plat approval. Commissioner Moore moved, seconded by Commissioner Keaton to approve the Preliminary Plat of Marine Subdivision, Lot 1 stipulating any necessary approvals from the Health Department and Highway Department as well as a 20’ utility easement. MOTION CARRIED with Chairman Young voting AYE. BUILDING PERMIT(S): SITE PLAN Marine Subdivision, Lot 1 In response to a question from Commissioner Moore, Mr. Huff answered that the front security fencing would be iron with 6’ chain link fencing with 12” barbed wire at the top on the remainder of the property. Chairman Young questioned plans for landscaping. Ms. Roberts and City Engineer Whisker acknowledged that the landscaping plan is currently being worked out. City Engineer Whisker related that the developer is proposing to have water retention on the south side of the property, adding that he believes the biggest issue is dust free parking. He pointed out that the design has 3 parking spaces with 1 handicap parking space to the front, while the remainder of the space used for storage/parking for boat sale area is being proposed as being gravel. Mr. Huff offered that there would be customer side parking, pointing out that concrete around the building would be a 20’ apron, assuring the Commission that patrons would not be parking on gravel. City Engineer Whisker explained that while there are existing businesses with gravel areas, since being annexed, developing property is being required to adhere to City standards providing dust free parking as prescribed by Code. Mr. Huff noted the expense to concrete 2.5 acres, explaining that while he is trying to save money, he feels the business will be aesthetically pleasing. He then noted that just the fencing will cost $35,000.00. He related that almost any boat type dealership would have a gravel type parking lot for their display. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. City Engineer Whisker reiterated that the major issue is dust free parking, noting that the boat dealership in Sherwood is paved. Mr. Huff stated that the Sherwood boat dealership is where his business is located presently, adding that there is gravel in the parking lot. City Engineer Whisker stated that he could understand having part of the area in gravel toward the rear of the business but not generally where the public would be walking. He then noted that another recent petitioner also wanted to keep just a gravel parking lot, but added that it is not to City code development. He stated that the frontage area will need to be concreted. He then answered that it could be either concrete or asphalt but the rule states “dust free”. Mr. Huff assured the Planning Commission that the development would be one of the top establishments as far as aesthetics in the area. He stated that the least expensive boat they offer is $50,000.00, adding that they cater to high end customers. He related that they carry six lines of brand new boats, keeping an inventory around 2 million dollars. He reassured the Planning Commission that he intends to develop a nice attractive business. Chairman Young asked Mr. Huff if he could agree to bring the paved surface across the front for the first 100’. Mr. Huff noted that his property is at the bottom of the hill and at the top of the hill there is a major water leak. He went on to say that the Water Department had informed him that it leaks 2 gallons a minute. He continued saying that he had to construct a ditch to maintain all that water and that is why the parking lot does not extend further. He related that the ditch is 18’ wide. City Engineer Whisker stated that he would investigate the situation of a water leak and it would be repaired. Mr. Huff stated that the Water Department is aware of the leak and is doing what they can, adding that they contacted the Church where the water leak is, but it is his understanding that the Church is willing to pay for the leak rather than repair the line. City Engineer Whisker stated that the City would help in seeing that those problems are corrected by the responsible party. Mr. Huff explained that originally he planned a complete turnaround driveway with two entrances, adding that he was told the entrances were too close. City Engineer Whisker clarified that there has to be 250’ between the drives. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. Mr. Huff then stated that he was told by Bond Engineering that the only way to fix the water was to figure out some way to retain it. He stated that the water has been pouring onto the property for years, which is why there had to be a large amount of dirt work to get this property ready to be developed and constructed. He added that he has spent a large amount of money just trying to get the property to where it is now, saying that he could have asphalted five acres. Chairman Young questioned if Mr. Huff would be amenable to asphalting the frontage area consisting of approximately 272’ across with a combination of landscaping in order to present a dust free parking across the frontage. He offered that going towards the back there could be some type of gravel with a coating. City Engineer Whisker clarified that the terminology of “dust free” generally applies to concrete or asphalt unless there is some other product similar to that such as paved stone that would create the same type of “dust free” surface. Chairman Young acknowledged that there are issues to be worked out regarding the site plan, suggesting that City Engineer Whisker be involved regarding the leak and modifications to the site plan. City Engineer Whisker offered that the developer has stated that he would meet landscaping code requirements. He added that Mr. Huff has cleared the lot and is ready to begin digging the footings. He noted that the last businesses that were developed were asphalted at least to the distance of the building. Discussion ensued regarding landscaping issues for some of the businesses that are still trying to comply with Code. City Engineer Whisker stated that he feels the “dust free” area should consists of a reasonable loading area and viewing area to the business frontage. Mr. Huff explained that the outside boat inventory storage would be housed to the north side of the building, noting the location of the iron fencing in relationship to the storage area. Chairman Young clarified that the only additional area being debated is the boat storage area. Mr. Huff concurred with City Engineer Whisker that the south side of the building is being used to meet most of the landscaping requirements. He noted the ditch area, adding that because of the water and moisture it would not be possible to do any type of concrete work in that area. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. City Engineer Whisker reiterated that the focus for asphalting should be to the front where boats would be parked for showing. He stated that this is a reasonable expectation. Mr. Huff reiterated that he constructed the ditch because of the water leak from the LDS Church and the catch basin was constructed to catch the water from the drainage ditch. City Engineer Whisker stated that he feels the ditch is also in place for storm drainage as well, explaining that the land slopes toward the south to catch the water on site, adding that it serves as a detention area because of the development it is being used for that purpose. He continued saying that the water eventually flows onto the State highway right-of-way heading to a ditch on the north of this property. Mr. Huff agreed that the ditch is necessary; explaining that the auto sales business washes cars frequently bringing additional water to the ditch on his property. City Engineer Whisker noted that the area concrete plant is also running water frequently in that same direction. He reiterated that he would contact the Water Department regarding the situation with the water leak. Mr. Huff explained that the water leak is aggressive, adding that the location of the leak was pointed out by the Water Department. He stated that you can see where the water is coming out of the ground, adding that it was the Water Department who estimated that it was 2 gallons a minute. Chairman Young reiterated the need for a revised site plan that would show the extent of paving and landscaping before the Planning Commission can approve a site plan. Discussion ensued as to tabling the item of business until next month or offering Mr. Huff an opportunity to request a special called meeting. Mr. Huff stated that he was not aware the asphalt was a requirement or he would have been better prepared. He went on to say that his lease in Sherwood has expired and he needs to relocate his business. He asked what the minimal amount of paving would be that he would have to do. Chairman Young explained that it would have to meet code, adding that where there is going to be drives and vehicles parked it would have to meet the “dust free” requirement. He went on to say that it looks as though it would need to be on the north side of the building and it should connect to the proposed parking area on that side of the building. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. In response to a question from Commissioner Ott, Mr. Huff clarified that the south side of the building was never intended to be a parking area even though there are parking spaces shown on the site plan. He explained that even though it will be a 7,200 square foot building the traffic volume would not be very high. He continued saying that they are a specialty business, adding that the only reason the building is this large is to inventory boats. Commissioner Ott supported the request for a special called meeting, explaining to Mr. Huff that he would have time to figure costs and represent his plan. Chairman Young concurred noting that it would also provide time for the landscaping plan to be formulated. Commissioner Brannen moved, seconded by Commissioner Ott to set a special meeting on September 26, 2011 @ 7:00 p.m. to reconsider an amended site plan for Marine Subdivision, Lot 1. MOTION CARRIED with Chairman Young voting AYE. GENERAL: Recommendations from City Engineer Whisker regarding sidewalk consideration from other cities City Engineer Whisker related that he had spoken with three larger cities in the area, explaining that there were various answers. He clarified that the discussion regarding sidewalk along streets that either exists or are being constructed that are steeper than what ADA allows for over a distance makes it impractical to build sidewalks. He stated that two of the cities stated that they would build the sidewalks anyway and one city said that they had already been through lawsuits and their lawsuit claimed that as long as they constructed handicap ramps according to their plan, they were okay. He stated that this larger city grants waivers and then builds the sidewalk somewhere else. He then offered that one of the cities had stated that ADA was more of a guideline, so they accepted sidewalks that were steeper than ADA compliance. He then related that one city had an ordinance that stated if the sidewalk were steeper than ADA then the developer would pay either $16.00 or $20.00 per running foot and the city would construct the sidewalk somewhere else according to ADA guidelines. City Attorney Bamburg reiterated to the Planning Commission that they can grant a sidewalk waiver but do have the authority to waive ADA conditions regarding the standard of construction. He cautioned the Planning Commission about the concept of charging the developer some amount and then building the sidewalk elsewhere, saying that this is not a logical solution. He then added that the other city who stated that ADA is a guideline is not quite on par. He stated that the Commission has its choice of either granting a sidewalk waiver or requiring the sidewalk construction to meet ADA requirements. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. Mr. Dave Stanley of Lemons Engineering stated that his client needs a decision, explaining that the developer cannot continue the funding stream until he is aware of his obligations. He stated that if required to build the sidewalks they would follow up with correspondence acknowledging that the sidewalks are being required by the City and in their opinion they do not meet ADA guidelines. He went on to say or they would request a letter from the City exempting them from that. City Attorney Bamburg reiterated that the Planning Commission will not grant an exemption from ADA requirements. He stated that specifically the Planning Commission can waive the sidewalk requirement or they can require that the developer meet all ADA requirements for sidewalk construction. Mr. Stanley stated that the only issue with meeting ADA compliance from their viewpoint is it would be both cost prohibitive and aesthetically unpleasing. He added that there is actually not enough room to construct the sidewalk, pointing out that a minimum of 15’ of space on both sides, consuming huge amounts of concrete. He then related that he viewed the 2010 ADA regulations for the first time, which have become even vaguer than the 1994 regulations. He noted that the 2010 regulations will go into effect in March, but it is harder to decipher if all sidewalks are considered a handicap accessible route. He stated that it is their opinion if sidewalks are constructed they need to be ADA compliant. He requested a decision so the developer could proceed. Commissioner Ott noted that the requirement for the sidewalk is if the culdesac has more than 20 lots, proposing that the back side of the culdesac that backs up to the over wash from the dam and make that into a park and then come down to lot 20 would that be less costs prohibitive. Mr. Stanley stated that it would not because of the lost revenue from those lots being developed, saying that it would not offset the cost of development of that street. He noted that it could be as much as 80 or 90 thousand dollars toward offsetting the cost of construction. Chairman Young stated that he believes sidewalks are not just for people in wheelchairs but they are for joggers, walkers, and family use. He stated that it is a communal type of space offering an alternative to just walking in the street as a safety issue. He stated that there are sidewalks that are not accessible for handicap and they are clearly identifiable with signage. Commissioner Moore stated that there are no ADA compliant sidewalks in Stonewall so there are residents in wheelchairs that have to use the street with cars speeding on those streets. He stated that it puts 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. these handicap people in jeopardy. He stated that he feels the City would put itself into a liability issue if they were to sign off with a sidewalk not complying with ADA requirements. Chairman Young noted that if the Planning Commission requires the developer to build sidewalks it would be a sidewalk that zigzags all the way up and down the street, which would look horrendous. He stated that the construction would take up a large amount of each residence’s front yards. Commissioner Keaton offered that the sidewalk could be constructed up to the point where it becomes too steep. Mr. Stanley stated that they could do that. Commissioner Keaton continued saying that you could construct two curb cuts leaving approximately five lots that are too steep for sidewalk. Mr. Stanley explained that they could build sidewalks out to that point and put an ADA compliant handicap ramp back out to the street, however, it would be kind of a “go nowhere”. Commission Keaton stated that he did not like the aesthetics of a zigzag sidewalk but also finds it difficult to grant any type of waiver on a sidewalk. He then acknowledged that it is a hardship case with a unique situation. City Engineer Whisker stated that while there is no easy decision, this is a culdesac with three extra lots in an extreme situation that will hopefully not happen very often. He stated that as regulations change it might become a situation where you can build sidewalks as long as the side slope matches the topography. He stated that he does not support having a sidewalk along Hwy. 107 that does not match ADA on State Highway. He noted that the developer has put the loop in and will have another sidewalk along the back side. He stated that in this particular instance he can see an exception. Mr. Stanley offered the option of constructing a sidewalk down the first three lots of the culdesac with a ramp and crosswalk to the other side and come back up those three lots, creating a loop with those first three lots on both sides of the street. He stated that the grade would be acceptable for handicap compliance, adding that the hard part might be using the street as an accessible route. City Engineer Whisker stated that it would be odd as a crossing. Chairman Young stated that he does not see any solution but to grant a waiver, saying that to enforce a sidewalk to compliance would be an atrocious design. He then noted that the problem with a sidewalk on the first three lots is the crossing of the street with a crosswalk. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. – 7:47 P.M. Discussion ensued regarding problems with the grade in the first two lots. It was noted that the grade could support a sidewalk at the last four lots. Commissioner Keaton moved, seconded by Commissioner Moore to waive the requirement of sidewalks along Highway 107 from Aviator Drive to the northwest corner of Base Meadows and the culdesac Air Borne Cove as requested. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:47 p.m. Respectfully submitted, _________________________ Susan L. Davitt 9