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12 JUL 09 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 09, 2012 7:00 P.M. – 7:36 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on July 9, 2012. Chairman Keaton opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Jon Johnson, Scott Scholl, Jim Moore, Joe Cummings, Avis Twitty, and Alderman Bill Howard answered ROLL CALL. Chairman Keaton also answered roll call and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were City Attorney Bamburg, City Engineer Jay Whisker, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Howard moved, seconded by Commissioner Moore to approve the minutes of the regularly scheduled Planning Commission meeting of 11 June 2012 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT CE Trailer Park Representative Tommy Bond of Bond Engineering noted that the property is located on Lemac Drive in-between Southeastern and Stanphill Roads. He related that most of the mobile homes have been removed; explaining that petitioner Chad Eddy is requesting to split the property into two lots. City Engineer Whisker demonstrated the property layout with a PowerPoint presentation, explaining that a portion of the trailer park was sold and the remaining property is being proposed for subdivision. He related that there is a sewer line that runs down the middle of the property, noting the 10’ easement on the plat. He added that the Water and Sewer Departments have requested that their approval be granted before the preliminary plat moves forward. He related that the developer has agreed to construct a sidewalk, noting that Lemac Street already has curb and gutter. He explained that the developer wants to downsize the remaining property and continue operating it as a trailer park. He noted that the developer has stated that the sale of the adjoining property would finance the improvements for the trailer park. He stated that the developer’s goal is to have a much smaller park that is more manageable and can be maintained in a better fashion. He then answered Commissioner Moore that some of the older trailers are still situated to the rear of the larger portion of the trailer park. He stated that lot 1 has the majority of nicer trailers, while lot 2 only has two or three with mostly older trailers. He confirmed that the developer is proposing to sell lot 2. He related that the developer has made improvements to the front area of lot 1, evidence of his attempts to make the development nicer. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 09, 2012 7:00 P.M. – 7:36 P.M. In response to a question from Chairman Keaton, City Engineer Whisker concurred that there would be sidewalk construction for both lots 1 and 2. He added that he would like the Planning Commission to allow the sidewalk to be placed across the street so it would connect with existing area sidewalks. He noted an tract of land on the north side of Lemac that is being proposed for development as the Lemac Subdivision, explaining that the sidewalk could be placed in conjunction on the north side of Lemac Drive and would produce a looped sidewalk in the area. Alderman Howard moved, seconded by Commissioner Cummings to approve the preliminary plat as presented contingent upon approval from the Water and Sewer Departments. MOTION CARRIED. b. FINAL PLAT CE Trailer Park In lieu of the stipulations regarding the preliminary plat approval the final plat for CE Trailer Park was removed from the agenda. City Engineer Whisker stated that the developer will construct the improvements or bond with the Water and Sewer Departments regarding those improvements before the final plat is presented. c. PRELIMINARY PLAT Jaxon Terrace, Phase 9 Mr. Tommy Bond related that Phase 9 is a continuation of the overall plan that was previously submitted to the Planning Commission, explaining that the previous phase sold out. He stated that this phase has the same bill of assurance with the same size lots, adding that typically the houses are 1400 to 1600 square feet. He continued saying that this phase consists of 27 lots, noting that the only difference from the sketch plat is that six of the larger lots were reconfigured into smaller lots that seem to sell better. He noted an area on that plat that is proposed for larger lots. City Engineer Whisker concurred with Mr. Bond that the 3 or 4 flood plain lots to the front of the phase would be filled and taken out of the flood plain. Mr. Bond stated that the lots would be filled when the street is constructed. City Engineer Whisker explained that this phase would have another street that on the back side of Mesquite Trail, pointing out that the larger lots would back up to the larger lots on Commons Drive of the Jamestown Subdivision. Mr. Bond noted and City Engineer Whisker concurred, that the access would be off John Harden Drive through Puritan Drive, which ties in as the northern most street into the Subdivision. Alderman Howard questioned if any land had been designated for a pocket park. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 09, 2012 7:00 P.M. – 7:36 P.M. City Engineer Whisker stated that there is a greenbelt behind lots 21 through 26 of the Subdivision that will remain an undeveloped green space. He noted that any approval would need to be contingent upon approval from the Water and Sewer Departments. He then concurred with Chairman Keaton that the sidewalk would be constructed on the north side of the street. He then noted that the City will have to construct some of the sidewalks that were not constructed in earlier phases to connect with newly constructed sidewalks. He continued saying that the sidewalk on the north side would eventually connect to John Harden Drive and then be looped down toward Quince Hill going down by the Church. He noted an increase in pedestrian traffic on John Harden Drive and North First Street, pointing out one destination being the area college. Commissioner Moore moved, seconded by Commissioner Johnson to approve the preliminary plat of Jaxon Terrace, Phase 9 as submitted and contingent upon approval from the Water and Sewer Departments. MOTION CARRIED. ADDITION TO AGENDA: a. PRELIMINARY PLAT Lemac Subdivision City Engineer Whisker asked that the preliminary plat be added to the agenda. He related that the property is located on the north side of Lemac Drive. He stated that the developer will construct sidewalks along Stanphill Road and Lemac Drive, adding that the development would need to have water that loops to make it work. He stated that if this developer works with the developer of the CE Trailer Park they would be able to get water and sewer at a cheaper rate since the developments are so close to one another. He stated that the developers are using the same engineer so he feels they are working together to conserve costs. Alderman Howard moved, seconded by Commissioner Moore to suspend the rules and add the preliminary plat of Lemac Subdivision to the agenda. MOTION CARRIED. Mr. Tommy Bond noted that the plat was previously submitted and approved in March 2011. He noted that the plat is slightly over one year old, explaining that the Planning Commission rules state that if the development is not started within one year of approval it must return to the Planning Commission for re-approval. He went on to say that nothing has changed since the last submittal and approval. He noted that the economy is slightly better now and the developer is ready to move forward. City Engineer Whisker noted that the property was zoned for mobile homes and the developer had the property rezoned a year ago for single-family homes. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 09, 2012 7:00 P.M. – 7:36 P.M. Chairman Keaton question who would maintain the right-of-way between lots 12 and 13. City Engineer Whisker related that there is a gas line in the right- of-way. Mr. Bond noted that there is a small piece of property belonging to the Gray family behind this development that is landlocked. He stated that the Gray family sold the surrounding property without keeping an access, pointing out that the right-of-way would allow them an access to that property. City Engineer Whisker surmised that the property would become some sort of park unless the Gray family finds some way to develop the property with access through the gas line. Mr. Bond stated the piece of property is so small that you could not justify the expense of an access. City Engineer Whisker again surmised that the property would become some sort of open field play area. Mr. Bond then answered that lot 12 has enough square footage to construct a home outside the gas line. He then noted that the lots are small 50’ lots. He then surmised that the homes would be 1100 to 1200 square feet, more of a starter home type of development. City Engineer Whisker noted that there are duplexes to north of this property with houses on Stevenson Cove between 1200 to 1500 square feet. He added that the Growing Pines Subdivision is in close proximity and features about the same size homes. He then pointed out that there are mobile homes along the south side of Lemac Drive with an apartment complex entrance to Chapel Ridge that is also in the immediate area. Mr. Bond noted that Lemac Drive lines up with the entrance into Chapel Ridge apartments. City Engineer Whisker related that the Water and Sewer Departments have already approved this development. Mr. Bond concurred that both the Water and Sewer Departments have granted an updated approval as well as the Health Department. He stated that the development is ready to go with approval from the Planning Commission. Alderman Howard moved, seconded by Commissioner Scholl to approve the Lemac Subdivision as presented. MOTION CARRIED. ADDITION TO THE AGENDA b. Lot 1, Block 5, Jones Addition addressed as 420 West Hickory 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 09, 2012 7:00 P.M. – 7:36 P.M. City Engineer Whisker noted that this property is located within the Mixed Use Zone. He explained that this zone allows for a business owner to live and work in the same building. He pointed out that the zone extends from Sharp to Elm Streets and is roughly two blocks wide on either side of Main Street. Mr. Bond explained that Lucille’s Beauty Shop has been located on that corner for the last 30 or 40 years. He continued explaining that Lucille has been moved to a nursing home and her family is selling the property to someone who wants to continue the same use of the property. He recalled that the mixed use zoning was established a few years ago. City Engineer Whisker stated that having petitioners apply for the mixed use through the Planning Commission makes it a matter of record, adding that he does not believe the Ordinance directs it having to be brought before the Planning Commission. Commissioner Moore moved, seconded by Alderman Howard to suspend the rules and add the request for a mixed use at 401 West Hickory Street on the agenda. MOTION CARRIED. City Engineer Whisker noted that the house faces Hickory Street and the business faces Bailey Street. It was noted that there had never been a sign to advertise the beauty shop. In response to a question from Chairman Keaton, City Engineer Whisker stated that there have been several mixed use businesses in the zone. He recounted the Events Center at the corner of Main and Second, and then noted another beauty shop on Bailey. He surmised that there have been two or three in the recent past. He pointed out that ideally the notion is to have a business downstairs and an apartment upstairs. He then noted that Angel’s Place was another such establishment. City Engineer Whisker added that when City Attorney Bamburg returns from out of town, he would obtain clarification as to whether the request for a mixed use within the established mixed use zone is something that could be approved in-house without having to be brought before the Planning Commission. Alderman Howard moved, seconded by Commissioner Twitty to approve the mixed use of property located at 401 West Hickory. MOTION CARRIED. ADDITION TO THE AGENDA: c. Recommendation to the City Council to establish a moratorium on mobile homes Alderman Howard requested permission to suspend the rules and have this item placed on the agenda. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 09, 2012 7:00 P.M. – 7:36 P.M. He supported the need to have a 90-day moratorium regarding mobile homes coming into Jacksonville, he explained that the City will be considering the adoption of stronger codes regarding inspections of mobile homes being brought into the City limits. Commissioner Moore noted that the problem seems to be that the City of Little Rock is requiring mobile homes that were built prior to 1976 be moved out of the city. He added that he believes North Little Rock is instituting the same requirement. He then explained that since Jacksonville does not have the same stringent permit and inspection requirements, people are moving these mobile homes built prior to 1976 into the City of Jacksonville. He related that it becomes a safety issue regarding wiring codes prior to 1976. He then noted that some of the FEMA trailers only have one entrance, again a safety concern. He noted that Little Rock’s ordinance states “the age of mobile homes built prior to 1976 makes such structures less safe and much more difficult to repair according to modern safety standards”. He added that this statement was quoted from the Manufacturer Homes Association that is administered by HUD. He mentioned a meeting with Chief Sipes regarding inspections because of the safety issues with these mobile homes. He then noted that under Little Rock’s new city law, homeowners are required to notify the city when they move a registered mobile home or manufactured home to another site within their city. City Engineer Whisker stated that currently the City of Jacksonville does not have any kind of permitting process for mobile homes, adding that there is not even a moratorium as suggested by the Manufactured Homebuilders Association regarding mobile homes built prior to 1976 because mobile homes built prior to that date were not federally regulated. He pointed out that if the zoning supports a trailer park or trailer subdivision, and as long as the trailer is in good enough shape to be transported, there are no requirements in place to regulate them when they are moved into the City. He added that as efforts continue to clean up the City, we would not want people bringing in trailers that are banned from other cities but because we do not have any regulations they can be brought to Jacksonville. He related that a 90-day moratorium to evaluate the situation was suggested. Discussion ensued and Commissioner Moore related that Little Rock is having those trailers moved out with the exception of some that were grandfathered. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 09, 2012 7:00 P.M. – 7:36 P.M. City Engineer Whisker stated his understanding is that Little Rock is making sure that the trailers meet HUD requirements and if they do not the trailer has to be moved out of the city limits. He added that these trailers may find their way to Jacksonville, which then makes it our problem. Alderman Howard stated that the 90-day moratorium would offer the City an opportunity to develop regulations to address these safety and inspection concerns. Alderman Howard moved, seconded by Commissioner Johnson to recommend a 90-day moratorium to the City Council regarding mobile homes being brought into the city limits of Jacksonville. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Keaton without objection adjourned the meeting at approximately 7:36 p.m. Respectfully submitted, _________________________ Susan L. Davitt 7