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11 FEB 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on February 14, 2011. Commissioner Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Avis Twitty, Joe Ott, and Alderman Bill Howard answered ROLL CALL. Commissioner Young declared a quorum. Commissioner McCleary arrived at approximately 7:10 p.m. PRESENT (7), ABSENT (1). Others present for the meeting were City Engineer Jay Whisker, Director of Administration Jim Durham, interested citizens, petitioners, and press. Nomination of 2011 Officers: Alderman Howard moved, seconded by Commissioner Keaton to nominate Chad Young as 2011 Chairman of the Planning Commission. MOTION CARRIED. Alderman Howard moved, seconded by Commissioner Brannen to nominate Glen Keaton to serve as Planning Commission Vice Chairman and Board of Adjustment Chairman. MOTION CARRIED. Commissioner Joe Ott and Alderman Bill Howard volunteered to serve on the 2011 Board of Adjustment. Chairman Young welcomed new Commissioner Avis Twitty. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 8 November 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. MIXED USE 201 West Main Street City Engineer Whisker demonstrated on a map the area surrounding Main Street that has been designated as a Mixed Use zone, explaining the intent to allow business owners the opportunity to reside in quarters adjacent to their business. He then explained that Ms. Seedibood had a previous business at 201 West Main when the building burned, adding that she has now completed the reconstruction and is operating an events center. He then stated that Ms. Seedibood is requesting permission to use a portion of the building as an apartment, adding that the apartment was built to fire code. He then answered Alderman Howard that food is to be catered, clarifying that there would be no cooking on site. With no one to speak in opposition, Chairman Young closed the public hearing at approximately 7:05 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. Alderman Howard moved, seconded by Commissioner Brannen to approve the request for a mixed use at 201 West Main Street. MOTION CARRIED. b. REZONING 5002 South Hwy. 161 from R-6 to R-1 Chairman Young opened the public hearing at approximately 7:05 p.m. City Engineer Whisker directed that the area is south of Bayou Meto, adding that it is zoned for mobile homes. He noted that there are several homes in the area. He then explained that the petitioner had requested a building permit for single-family and during the conversation it was discovered that another property in the area zoned R-6 had mistakenly been allowed to have an R-1 residence. He explained that the next request for 100 Lakeshore Drive is the other resident that is requesting a rezoning from R-6 to R-1. He then explained that the petitioner for 5002 South Hwy. 161 removed a mobile home and is proposing to move a stick built house onto the lot. With no one to speak in opposition, Chairman Young closed the public hearing at approximately 7:08 p.m. Alderman Howard moved, seconded by Commissioner Keaton to approve the rezoning of 5002 South Hwy. 161 from R-6 to R-1. MOTION CARRIED. c. REZONING 100 Lakeshore Drive Chairman Young opened the public hearing at approximately 7:08 p.m. City Engineer Whisker related that this property is the corner lot on Lakeshore and Hwy. 161, directly across from the “rock house” that belongs to Reed’s Bridge Historical Society. With no one to speak in opposition, Chairman Young closed the public hearing at approximately 7:10 p.m. Commissioner Brannen moved, seconded by Commissioner Ott to approve the rezoning of 100 Lakeshore Drive from R-6 to R-1. MOTION CARRIED. d. CONDITIONAL USE 513 Dupree Drive for C-3 in a C-2 zoning Chairman Young opened the public hearing at approximately 7:10 p.m. City Engineer Whisker related that the petitioner, Mr. Chance Armour, was unable to attend due to illness in the family. He added that the petitioner is willing to postpone the request if necessary. He related that the location is Red’s Mini Storage at the end of Dupree Drive, almost to Hwy. 161 and behind the car lot. He explained that the petitioner is proposing to open a vehicle body shop. He then noted that while this property is zoned C-2 the back side of that area is zoned C-3 and C-2 property is in the general vicinity. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. In response to a comment from Chairman Young, City Engineer Whisker concurred that C-3 is considered highway commercial and C-2 is shopping center type zoning. He related that the request would not change the zoning but would only allow the petitioner to operate this type of business, adding that if the business were to cease the conditional use would also cease. With no one to speak in opposition, Chairman Young closed the public hearing at approximately 7:12 p.m. Alderman Howard moved, seconded by Commissioner Ott to approve the condition use of C-3 in a C-2 zoning at 513 Dupree Drive as requested. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. SKETCH PLAT Jaxon Terrace Subdivision Representative Tommy Bond of Bond Engineering related that the sketch plat is a continuation of the Jaxon Terrace Subdivision that was started in 1964, explaining that it encompasses the remainder of land that is above the flood plain. He pointed out that the next item of business, the sketch plat for Jamestown Subdivision, is a companion project, that is the east part of the entire development. He then related that Mr. Jones started the Jamestown Subdivision approximately 10 years ago, adding that Jamestown Subdivision has slightly larger lots and larger homes. He stated that the Jaxon Terrace Subdivision lots are generally 70’ X 120’. He related that the end of Mesquite Trail was developed approximately 3 years ago and is built out. He explained that they can develop about 15 more lots on Mesquite Trail before they would have to build a pump station or go to some other type of sewer collection system. He then related that there are approximately 147 lots, noting that 8 or 10 are larger lots that back up to the flood plain. He pointed out that there are 5 four-plex lots that face North First Street. He offered that part of the thought was that North First Street is a major arterial street and would be better suited for multi-family. In response to a question from Chairman Young, Mr. Bond answered that he believes the zoning of the property is R-0. He acknowledged that the multi-family lots would require a future request for rezoning. He explained that if single-family lots were put there it would have 8 or 10 driveways, pointing out that with multi-family there will only be 5 driveways on a major arterial street. He then added that it would make a good buffer, saying that they are proposing to have some green space between the multi-family and single family lots. He then answered that it is planned to be developed in phases, noting that the first phase will be the continuation of Mesquite Trail, which will be brought back to the Planning Commission if the sketch plat is approved. He stated that there would be 147 lots in the Jaxon Terrace phase and 23 or 24 in the Jamestown phase. He then explained CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. that Mesquite Trail ties into Stirrup Place, which is a street that runs from the north and is the dividing line between the larger and smaller homes. Chairman Young questioned if there were any plans for additional green space, paths, trails, or pocket parks? Mr. Bond stated that the concept is to have green space that would offer open green areas. He then stated that the space that is in the flood plain could make a park area, pointing out that they are not proposing to develop that area. He continued saying that flood plain property is good for parks. Ultimately, there could be a trail could lead to a park in the flood plain areas. Commissioner Brannen moved, seconded by Alderman Howard to approve the Sketch Plat of an additional phase to Jaxon Terrace Subdivision. MOTION CARRIED. b. SKETCH PLAT Jamestown Subdivision Representative Tommy Bond related that the sketch plat consists of 23 or 24 lots, which are approximately 90’ X 120’. He stated that this development was started approximately 10 years ago and every lot has been built out. City Engineer Whisker stated that both Subdivisions are sort of combined one into the other. He concurred that Jamestown Subdivision has larger brick homes of approximately 2,000 square feet, while the other homes in Jaxon Terrace Subdivision are more like 1,600 square foot, mostly brick with some siding. Mr. Bond then noted that there would be a continuation of the existing bill of assurance for Jamestown. City Engineer Whisker noted that the dividing line is the power line that runs through the area. Discussion ensued regarding the corner property toward the freeway and Mr. Bond offered that the property could be commercial or residential, adding that he is not aware of plans either way. City Engineer Whisker stated that the plat matches the present zoning of R-1 or R-0, adding that he does not believe this property would have any sewer problems. He clarified that it was more the north side of Jaxon Terrace that needed the pump station. Mr. Bond offered that he believes those problems have been solved, noting that there is a project that should be out in the next few months that will relieve the northeastern pump station, adding that this development will not complicate that issue. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. City Engineer Whisker concurred, noting that a new pipe has been placed under the freeway. Mr. Bond stated that he did not feel that there are any water or sewer issues, adding that there is a 12” waterline that was built through this area approximately 12 years ago to serve Oak Ridge Ranch Subdivision. He then assured Chairman Young that both developments would meet sidewalk requirements. City Engineer Whisker then clarified that Mesquite Trail, the new street improved, has sidewalks from the first street off North First Street coming in, which complies with the current ordinance. Commissioner Keaton moved, seconded by Commissioner Brannen to approve the sketch plat of Jamestown Subdivision as presented. MOTION CARRIED. c. PRELIMINARY PLAT, SITE, & LANDSCAPE PLAN DG Commercial Subdivision for Dollar General Representative Paxton Singleton of Global Surveying Consultants stated that he is here on behalf of petitioner Roger Hosman and his client, P.B. General Holdings. He stated that the preliminary plat is a 1.378 acre tract from an existing 15.7 acre tract located at the southeast corner of J.P. Wright Loop and Military Roads. He stated that currently this property is out of the City limits but is within the extra territorial jurisdiction. He explained that they also have to meet the County’s development standards, mentioning the setback requirements which are greater than City setbacks. He then stated that they would be requesting setback variances from the County, adding that the development does meet rear setbacks for the City’s C-2 zoning. He related that the developer is prepared to dedicate 100’ of right-of-way for the potential proposed extension of J.P. Wright Loop Road. He then related that they are requesting a variance from the minimum required parking spaces, adding that the plan proposes 40 parking spaces but with the retail space of the building City code requires 45. He then added that they are also seeking a waiver from the half-street improvements of the proposed extension of J.P. Wright Loop Road. City Engineer Whisker stated that the main issue back and forth has been the street improvements for the Loop Road extension, pointing out that it is on the Master Plan. He explained that the developer is willing to dedicate the right-of-way, but normally when a commercial structure or subdivision along the Master Plan is proposed the developer is required to build the street and sidewalks. He stated that in his tenure as City Engineer there has not been an instance of waiver regarding those improvements. He related that ultimately the build of J.P. Wright Loop will be a four-lane section, explaining that since there is not a four-land section on the north side of Military Road the City would not expect the developer to build a four-lane CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. but only a two-lane section. He clarified that the City would expect the developer to build the east side of the roadway but would not expect them to build the west side curb and gutter as a minimum. He stated that sidewalk, curb, gutter, and a two-lane street would be the minimum. He added that normally a development outside the City would have to meet all County standards; however, as a part of the preliminary plat before final plat he would suggest that they annex into the City. He related that there are utilities on site, they have heavy duty paving, the dumpster and enclosure, but will require a variance for 5 parking spaces. He noted that a landscaping plan has been presented and the development does meet landscaping issues. He related that the development would have some interior and building landscaping in order to meet the minimum requirement, adding that it will be easy enough to meet those requirements. He then answered Chairman Young that he has allowed commercial developments to have landscaping between the sidewalk and building or in-between the sidewalk and curb. He noted that the site plan could accommodate that type of shift in landscaping. Discussion ensued regarding the depth of sidewalk; City Engineer Whisker offered that the minimum is 4’, adding that 3’ will accommodate a wheelchair. Chairman Young questioned if the street improvements would tie into their parking area. City Engineer Whisker stated that he felt the design was laid out as such because they did not feel that Loop Road would be built or were not going to have to do street improvements to Loop Road. He offered an alternative design, saying that the building could be put in the front corner and wrap the parking area around the back and front side, then have it connect to Loop Road. He stated that the present design is without consideration for Loop Road being extended. Chairman Young noted that the currently proposed project across the street is required to have street improvements. It was clarified that those street improvements will be on Loop Road between the two entrances. City Engineer Whisker noted that the City required First Electric to construct street improvements; noting that Loop Road is a major City street. He also noted that he has not seen where the developer has gotten permission from the Highway Department regarding the driveway. He explained that the driveway has been moved as far as possible away from Hwy. 294. He continued saying that there is a steep hill in the area; both Loop Road and Southeastern are in a low spot with a hill on either side. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. In response to a question from Chairman Young, Mr. Singleton replied that the reason they are requesting a waiver from street improvements is because there are no plans to construct Loop Road even though it is on the Master Street Plan, adding that they are yielding to the right-of-way that would be required if it were going to be built. He related that his client has agreed to dedicate the land, which is a significant piece of property being 100’ wide by 275’. He stated that donating that land will eliminate his client from ever being able to develop what is remaining of his property to the west. He noted that the right-of-way will bisect this property and prevent development to the west. He stated that with no plans in place or no existing street, their thought is that it would be a street to nowhere. He went on to say that Mr. Hosman owns a significant portion of the rest of the land that is behind this development so it is hard to see the need to construct half-street improvements at this time. In response to a question from Chairman Young, City Engineer Whisker answered that the street would eventually connect down to Southeastern. He stated that Loop Road was built as a loop and was intended to meet up with Vandenberg even though the street is slightly offset. He continued saying that the point is for Loop Road to make a circle around Jacksonville; Southeastern is the direct line down to I-440, which is the connection, with Loop and Military then becoming the main intersection and Loop would intersect Southeastern offering a straight shot to I-440. He related that Southeastern, which touches Graham Road, is a 30 to 35 mph road that probably has more traffic than it should, adding that Loop Road is actually built for higher traffic volume. He stated that the City plans to “S” curve that in. He then recalled that this piece of property came before the Planning Commission in 2004, consisting of a 100 acre residential proposal on the north end out of the flood plain. He stated at that time there were agreements in place to build Loop Road right-of-way to make an “S” curve, switching some land with the Water Department and developing the land all the way through. He added that those plans fell through but the “S” curve and the proposed extension of J.P. Wright Loop is still what the City has planned for that area. He went on to say that there is land to the south that could be developed, and while it is true there is only a sliver of land left there is more lands to the west and further south that can be developed of the “S” curve into Southeastern. He stated that the owner is choosing to cut the property in this shape, leaving only a smaller piece to the west. He then answered Chairman Young that the City has joined with developers in the past regarding cost sharing of improvements. He explained that the proposed previous project for this area was going to be that type of arrangement. He noted various areas of cooperation with the City and Water Department to achieve the previously proposed development. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. He then answered Alderman Howard that the parking variance for 5 spaces would not be a problem. He noted that the store would probably receive a lot of pedestrian traffic from the elderly complex that would be located across the street. Discussion ensued regarding if the developer would be allowed access from Loop Road regarding the distance requirement from a major intersection; City Engineer Whisker explained that the developer is proposing an access at the furthest point away from Loop Road. He stated that if the access were going to be on Loop Road, he would redesign the layout to have the building pushed to the front and have the entrance at the bottom as far as possible away from Military Road. Mr. Singleton pointed out that on the preliminary plat submitted in 2004, the development was offset from across the street of what is J.P. Wright Loop. He clarified that the rights-of-way and centerlines would not have matched up, noting that it would have been an offset intersection. He added that with this development, through City Engineer Whisker’s guidance, allows for a continuation of the right-of-way lines to where there is not a 90 degree bend in the road. He emphasized his point being that it is a better location for the proposed dedication of right-of-way versus what was previously proposed. He stated that the owner and buyer have come up with this configuration because this is what works based on the owner granting 100’ of right-of-way to make this meet. He stated that there would be no way to shift this without having to purchase additional property in the southwest corner. He stated that the configuration of the lot is based on how the right-of-way is set, which is a better configuration than what was proposed in 2004. In response to a question from Chairman Young, Mr. Singleton stated that he has a letter from the State Highway Department saying that they have no plans to widen Military Road. He pointed out that County development standards require right-of-way on Military Road but would not require half street improvements without plans to widen Military Road. Commissioner Keaton questioned if it would be better to go ahead and move the building in order to achieve the tie-in further down with some type of agreement for half-street improvements. He acknowledged that 300’ of half-street improvements would be costly, adding that the Planning Commission had negotiated a similar agreement with the cottage development, recalling that the improvements would be just between the two accesses. City Engineer Whisker stated that if the parking area remains to the front of the property it would be too close to the intersection to allow for a tie-in. He stated that it would be less than 100’ and in any event that would be too close for a tie-in. He reiterated that the design layout is set up not to allow any consideration for the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. continued development of Loop Road. He stated that otherwise it could have been designed with the building at the front building line and the driveway at the south end of the property off Loop Road with the parking lot on the west side of the building. Chairman Young noted that if that were the proposed design it would lend itself to have the appearance of would appear to be a future retail center. City Engineer Whisker then answered that any site distance issues onto Military Road would be addressed by the Highway Department. He noted that the speed limit is 45 mph over the hill, citing possible concerns. Mr. Singleton noted that south of the proposed development is the owner’s personal residence. He added that on the preliminary plat submitted in 2004, that lot was out of the property for development. City Engineer Whisker recalled that the personal residence was platted as a lot in the development. Mr. Singleton stated that there are no current plans for future commercial development to the south of this property. Chairman Young questioned if there could be consideration for flipping the design to accommodate what City Engineer Whisker had proposed with an extension down into the southern half of the property. Mr. Singleton stated that he would yield to the architect regarding that consideration, adding that Dollar General is adamant that their parking be in front of the building. He then noted that there are slope issues to the south that would have to be worked around. He then questioned the purpose of flipping the design? City Engineer Whisker related that his desire to see the design flipped is centered on having the street built, adding that he feels the access would be better on Loop than Military Road because of the hill and safety factors. It was noted that Dollar General had made the design determination based on traffic counts and there are no traffic counts off Loop regarding this property. Discussion ensued regarding half-street improvements, traffic counts, and possible various prototype plans for Dollar General, as well as the orientation of the building facing Loop Road or Military Road, and the ultimate location of the drive regarding various factors. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. Commissioner Brannen moved that the item be tabled offering the developer and City Engineer Whisker an opportunity to work out the design layout. MOTION FAILED for lack of a second. City Engineer Whisker simplified the issues, saying that the main issue is that the developer needs to know whether they have to build Loop Road improvements. Chairman Young proposed a compromise, offering that the drive could line up with Loop Road to somewhat act as the street for access into the site, adding that someday it would become a part of Loop Road extension. City Engineer Whisker stated that if they build the street and put the access from that, then it would effectively be their drive. He explained that it would be a 27’ driveway turning left into the property. He noted that this would be similar to what Wal-Mart has with its side street. Commissioner Ott noted that this would eliminate the blind turn regarding the hill. City Engineer Whisker then answered Commissioner Keaton, that the original design of Loop Road has 100’ right-of-way, proposed to be a four-lane section. He clarified that the southbound lane asphalt is built on the centerline of Loop Road. Mr. Singleton stated that if the area property were being developed it would be understood that they would build the road, questioning if there could be a stipulation that if further property is developed they would then build the street to service more properties. Chairman Young proposed that the street be constructed as a developed drive into the property that stops when it lines up with the drive to the parking area, stipulating that further development would require that they extend the street further. City Engineer Whisker pointed out that the problem becomes who would be responsible for building Loop Road if another developer built further south, because now it would be City owned right-of-way, which it might be felt that the City should construct within their own right-of-way. He then offered that if the street is later constructed then the access to Dollar General would be slightly over 40’ from the intersection, which would make it a safety concern. He stated that short-term it would not be a problem but long-term it would create a hazard. He then proposed that if the same access were moved further from the intersection, when further development occurred it would not be a problem. He also proposed some type of shared access with the Church parking lot onto Military Road. He reiterated that the biggest issue is the street improvements for the extension of Loop Road. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. Further discussion ensued as to access issues and the possibility of having to build a retaining wall because of the slope in the property if the access is moved. Chairman Young questioned if it would be more feasible to table the item until the next Planning Commission meeting. Mr. Roger Hosman, owner of the property, noted that he owns this property and the approximate 85 acres behind the proposed development. He stated that he would appreciate being able to do something with the property. He added that he is willing to give up $200,000 to the City in requiring the right-of-way, but would not want to give up another $75,000 to build a paved road in his cow pasture. He stated that he would like to sell the whole tract if he could. He stated that he would appreciate some decision from the Planning Commission that would allow them to move forward. He added that he understands there are issues for the Planning Commission but he would like to move forward if at all possible. In response to a question from Commissioner Keaton, City Engineer Whisker answered he feels that the road for the 300’ needs to be built. He reminded the Planning Commission that only a year ago a developer came in and the road on his proposed plan stopped 5’ from his property and the developer wanted to know who was going to build the road. He stated that if someone is going to develop in the City then they should have to develop the street along the right-of-way, it is what the City has always done and should do. Mr. Singleton pointed out that the street does not exist other than on the Master Street Plan, pointing out that the developer is granting the right-of-way. He further offered that if the minutes were to state his client or the person who buys the property has to develop the street even if it is City owned right-of-way would make more sense in this case. He noted the expense of developing a major street for a one-lot development, which is a street that would only technically be there for Dollar General. He stated that if the developer has no plans to develop further, then additional right-of-way would have to be purchased by the City. He then noted that the developer is having to give 100’ of frontage that could have been sold as another lot. In response to a question from Chairman Young, City Engineer Whisker stated that normally a street is 27’ back to curb, back to curb. Chairman Young noted that this might merit the development having the access off Loop Road and save the cost of building an access off Military Road to offset the cost of building a two-lane street. Mr. Singleton noted that it would be 50’ of road versus 300’ of road and City street standards would be far greater than building a 50’ drive onto the development. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. Commissioner Ott questioned if the item were tabled would there an opportunity to work toward an agreement. Mr. Singleton reminded the Commission that it is the owner’s wish and request that the Planning Commission make a determination tonight. Commissioner Brannen emphasized the differences and the need for a compromise, reiterating the need to table the item for 30 days. Mr. Singleton stated that he is not sure there is any middle ground, explaining that they are not in favor of building the road but City Engineer Whisker would like for the road to be constructed from a planning standpoint. He added that he is not sure there is any middle ground between those issues. Commissioner Brannen made the motion to table the item until the next regularly scheduled Planning Commission meeting. Commissioner Ott seconded the motion. ROLL CALL: Commissioners Brannen and Ott voted AYE. Commissioners Keaton, Twitty, McCleary and Alderman Howard voted NAY. MOTION FAILED. Alderman Howard moved, seconded by Commissioner Keaton to approve the Preliminary Plat, Site, and Landscaping Plans, stipulating that the developer extend Loop Road adjacent to the proposed development as prescribed by City Engineer Whisker, granting a 5 space variance for minimum parking spaces required, and request for voluntary annexation to the City of Jacksonville. MOTION CARRIED with Commissioners Brannen and Twitty voting NAY. d. FINAL PLAT & SITE PLAN Marple Commercial Subdivision Adam Whitlow of Whitlow Engineering Services related that he is representing property owner Louis Froud. He stated that the property is a 1.31 acre tract, between Jacksonville Kawaski and Cupids, located outside the City limits. He related that the project has been submitted to the County, but they have not received comments from the County as yet. He stated that contingencies are subject to the State Highway access permit for curb cut, meeting County comments, and sanitary approval. City Engineer Whisker stated that the major issue would be comments from the County, explaining that they have a 40/40 rule for buildings, that being 40’ to the rear and 40’ to the sides. He noted that he spoke with the County earlier today, adding that he would also need permission from the State Highway Department and permission from the Health Department to attach the septic system. He then related that there is water available to the front of the property. He pointed out the development would need to have interior landscaping on the parking lot. He answered Chairman Young that they have proposed building CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. landscaping on the front side of the building, explaining that this is a metal building & roofing supply company. He noted that the product is not manufactured at this location but is sold. Mr. Whitlow related that the business has a small retail space to the front of the building with one to two employees at most. He explained that most customers would drive in with a trailer, load their product to the rear of the business. Alderman Howard moved, seconded by Commissioner Keaton to approve the Final Plat and Site Plan for Marple Commercial Subdivision, stipulating approval from County and State entities regarding all improvements. MOTION CARRIED. BUILDING PERMIT(S): a. METES & BOUNDS building permit for unaddressed property behind 540 Ricky Raccoon Drive Mr. James Thomey informed the Planning Commission that he purchased the property approximately 13 years ago from Dupree & Company, before the third section of Northlake had been platted. He explained that his home is on the corner of Ricky Raccoon and Oneida, adding that the property was sold by a metes and bounds description because it was not included in the third platting. He stated that construction of Mule Deer street has increased traffic significantly, explaining that he would like to build a storage building to store his recreational equipment and provide a small workshop in a portion of the building. He related that he had a privacy fence installed around the perimeter of the lot, saying that the fence for the most part will mask the view of the building from both Oneida and Mule Deer. In response to a question from Alderman Howard, Mr. Thomey answered that the building would be approximately 26’ from the property line on Mule Deer. He related that the property is 105’ X 120’. He added that this would be the only structure on the property. City Engineer Whisker stated that the property was purchased on a metes and bounds, making it either a metes and bound building permit as is before the Commission or it could be considered an accessory building that is larger than the minimum 650 square feet. He noted that setbacks will be observed and with the wooden fence he does not feel much more than the roof of the building will be visible. Mr. Thomey then answered Alderman Howard that keeping the strip of land between the chain link fence and the privacy fence mowed would not be a problem with a weedeater. Commissioner Keaton moved, seconded by Commissioner Brannen to approve the building request for the unaddressed metes and bounds property directly behind 540 Ricky Raccoon Drive as requested. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. b. Lighthouse Charter School 251 North First Street Mr. Bond stated that the building is temporary and would only be on site for approximately 3 years. He explained that the charter allows the Charter School to go to the 12th grade and the school has added a grade each year since opening. He stated that this temporary building would be for the 7th and 8th graders. After three years, the School would build the new High School section. He explained that the building would be connected to all utilities, adding that the building has sprinklers for fire protection. He then noted that there would be a gravel street. He answered that there would be restroom facilities inside the building and the alarm system would be tied into the existing system. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the building permit request for a temporary building to be located at the Charter School, 251 North First Street, with a 20’ setback as requested by the Fire Marshall. MOTION CARRIED. GENERAL: DISCUSSION regarding creation of C-5 (Commercial) Zoning City Attorney Bamburg informed the Planning Commission of the need to create a new zoning classification. He stated that this zoning would serve in the event of annexation of properties north of Jacksonville that provide off-premises retail alcohol sales. He related that the draft ordinance is designed and planned in accordance with the present zoning classifications and districts. He added that this would restrict to off-premises sales but would also allow for a distributorship. He explained that it would be commercial zoning, pointing out that this zoning can only be located outside the real property that is legally defined and zoned as the Old Gray Township. He noted that there is a specific map outlining the dry areas, which is still in force until or unless there is a new election that would vote that out. He stated that one provision for any project before the Planning Commission that would fit in this zoning would be to ensure that it is not included inside the Old Gray Township. City Engineer Whisker related that it appears the City will be successful in annexing the property to the north of the City along the freeway up to the Lonoke County line. He noted that the request to set a public hearing will be before the City Council this Thursday. He related that this would address the issue of having liquor stores and sales in this newly annexed area of Jacksonville. He related that at the next Planning Commission meeting there would be a zoning map that would mirror the existing uses of the area being annexed. Commissioner Keaton moved, seconded by Commissioner Brannen to recommend to the City Council the adoption of an ordinance creating the commercial zoning of C-5. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. – 8:31 P.M. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 8:31 p.m. Respectfully submitted, _________________________ Susan L. Davitt