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13 AUG 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2013 7:00 P.M. – 7:38 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on August 12, 2013. Vice Chairman Ott opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Jim Peacock, Joe Cummings, Eric McCleary, and Alderman Bill Howard answered ROLL CALL. Vice Chairman Ott also answered roll call and declared a quorum. Chairman Keaton and Commissioners Scholl, Moore, and Twitty were absent. PRESENT (5), ABSENT (4). 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 McCleary to approve the minutes of the regularly scheduled Planning Commission meeting of 1 July 2013 as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING 1100 North James Street Vice Chairman Ott opened the public hearing at approximately 7:05 p.m. Petitioner Chin Son noted that the property is currently zoned C-2, explaining that he owns a car lot in Bryant that he is proposing to relocate to the property at 1100 North James Street. He stated that he is proposing to construct a 2,000 square foot building and pave a majority of the lot for parking vehicles. With no one to speak for or against the rezoning, Vice Chairman Ott closed the public hearing at approximately 7:06 p.m. City Engineer Whisker explained that in order to operate a car lot the property would have to be rezoned to C-3. He related that the property is located approximately one lot off from the Highway. In response to a question from Alderman Howard, City Engineer Whisker related that C-3 is classified as Highway Commercial zoning. He then stated that other uses for the property would include hotels, motels, drive-in restaurants, drive-in theaters, sports and recreation, auto- sales; service and repair, farm machinery; service and repair, mobile home sales, and automatic car wash, service stations, schools, public facilities and utilities, mini warehouses and motor vehicle; parts, repair and sales establishments. He then answered that the paved area would be most of the establishment. He addressed the drainage issues, saying that it would be reviewed when the building permit was approved. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2013 7:00 P.M. – 7:38 P.M. Alderman Howard moved, seconded by Commissioner Cummings to approve the request to rezone 1100 North James Street from C-2 to C-3. MOTION CARRIED. Vice Chairman Ott closed the public hearing at approximately 7:11 p.m. REQUEST TO APPROVE PLAT(S): PRELIMINARY PLAT: Harrell Subdivision Lots 1-6 Mr. Aaron Robinson of Bond Engineering stated that they performed a hydrology study to denote the flood plain, explaining that some of the lots had to be maneuvered. He related that lots 1-7 is now lots 1-6 on the preliminary plat. He pointed out that all the lots have an adjacent “F” designated lot, explaining that the mortgage would be on the primary lot but the “F” designated lot would be transferrable and the buyer would not have to purchase flood plain insurance. He noted that it will be a challenge to construct a house on lot 11, saying that the Sewer Commission had approved septic systems for this Subdivision, but lot 11 will be difficult to locate a septic system outside the flood plain. He added that they may have to adjust the lot lines between lots 7 and 11 in order to address this issue. City Attorney Bamburg clarified with Mr. Robinson that the preliminary plat request is being modified to reflect lots 1-6 instead of lots 1- 7. Discussion ensued regarding the larger size of the lots, noting that the smallest lot is almost 1.5 acres. City Engineer Whisker stated that the developer has addressed most of the issues and is moving forward to sell lots. He noted that the study would have to be submitted and that the question then is whether the City will require curb, gutter and sidewalk on Emma Street. He related that his understanding is that the Sewer Department has requested an easement along the creek. Discussion ensued and it was confirmed by City Attorney Bamburg and Mr. Robinson that the Sewer Department did not formalize that request at their previous Commission meeting. It was clarified that the requested easement from the Sewer Department was only along the front of the property. City Engineer Whisker stated that a bond would have to be submitted for the curb, gutter and sidewalk, allowing the developer to move ahead with the submittal of the final plat. He noted that there is water to the property, noting that it could be tapped across on Emma Street. He then noted the requirement of a bill of assurance to accompany the submittal of the final plat. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2013 7:00 P.M. – 7:38 P.M. City Attorney Bamburg reminded Mr. Robinson that the bill of assurance would need to convey that any lot transferred would include the adjacent “F” designated lot. City Engineer Whisker then noted that it was a prior request from the Planning Commission that the houses had to be of equivalent size to the homes in Bushwood Estates being 3,000 to 3,500 square feet. He then answered Commissioner Peacock that the sewer is being done by septic tanks. He stated that it appears that the Sewer Commission has changed it original thinking and it now going to allow the property to have septic tanks but are still requesting an easement from the north end pump station to a manhole on the south end. He clarified that from the north end of lot 11 to the south end of lot 1 they are requesting an easement, noting that the request to Mr. Bond’s office is now along the front of the property. He then answered that lot 11 is approximately 6 acres total. Alderman Howard moved, seconded by Commissioner Cummings to approve the preliminary plat of Harrell Subdivision Lots 1-6 contingent on the study being submitted to FEMA, an easement being dedicated as directed by the Sewer Commission, and appropriately addressing the improvement regarding curb, gutter and sidewalk. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: DRAFT ORDINANCE 1497 (#28-2013) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 18.38 (R-8 RECREATIONAL VEHICLE PARKS); AMENDING §§ 18.32, 18.36, 18.37, 18.38, AND 18.39 OF THE JACKSONVILLE MUNICIPAL CODE; AND, FOR OTHER PURPOSES. City Attorney Bamburg recalled that the Commission had reviewed a sketch plat for an RV park, noting that it was deferred pending the drafting of an ordinance that could create an appropriate zoning classification and provide development standards for that zoning classification. He offered that it would require a minimum of 3 acres with a maximum of 8 lots per acre. He reviewed the permitted and conditional uses, as well as the definitions, dimension, and minimum requirements. He then noted that the only exemption at this time is recreational vehicles associated with use of and/or making temporary visits to the City’s Shooting Range Complex. City Engineer Whisker noted that the existing Tall Pines RV Park does meet all requirements of the proposed ordinance. City Attorney Bamburg related that RV Parks are not permanent in nature; pointing out that an exact time limit was purposefully not included in the ordinance. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2013 7:00 P.M. – 7:38 P.M. In response to a question from Commissioner Peacock, City Engineer Whisker stated that he will visit with the existing RV Park owner to determine if Mr. Smith wants to rezone his property to fit the new zoning classification. Discussion ensued regarding whether some of the RV’s in Mr. Smith Park are more permanent than temporary. City Engineer Whisker stated that even if there are some that have been in the Park for a while they are road worthy. He then stated that the issue of permanency would be addressed by Code Enforcement, surmising that it would probably come to their addition if the RV is not in the proper condition to be road worthy. City Engineer Whisker noted that Tall Pines RV Park is presently zoned C-2. City Attorney Bamburg clarified that Mr. Smith’s RV Park has been approved as a legal non-conforming use since the 80’s or maybe even before that. He reiterated the Mr. Smith’s RV Park is already in compliance with the Ordinance as it is written. In response to a question from Commissioner Peacock, City Engineer Whisker stated that the RV park owner would be responsible for the maintenance of the entire park. He then added that if a RV is not in compliance then the owner of the RV would be responsible for making that RV compliant. He then noted that the RV park development request which had been before the Planning Commission previously does not meet the 3 acre requirement, explaining that the petitioner has a total of 2.6 acres. He then noted that with the inclusion of the adjacent home and mobile home park it would be over 3 acres. Commissioner Cummings moved, seconded by Alderman Howard to recommend approval of Ordinance 1496 (#27-13) to the City Council. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Vice Chairman Ott without objection adjourned the meeting at approximately 7:38 p.m. Respectfully submitted, _________________________ Susan L. Davitt 4