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11 MAY 09.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. – 7:45 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on May 9, 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, Glen Keaton, Avis Twitty, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Chairman Young declared a quorum. PRESENT (7), ABSENT (1), OPENING (0). Chairman Young welcomed new Commissioner Jim Moore to the Planning Commission. Others present for the meeting were City Engineer Jay Whisker, Kate Knable, interested citizens, petitioners, and press. 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 11 April 2011 as amended. MOTION CARRIED. ANNUAL PLANNING COMMISSION REPORT: Commissioner Ott moved, seconded by Alderman Howard to accept the 2010 Annual Planning Commission report as submitted. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): SITE PLAN Commercial business at 7217 John Harden Drive Petitioner Azin Naji related that the property is a 12 acre commercial parcel. He explained that he purchased the property in 2005 and began remodeling his home on the property. He added that he was not aware of any requirements regarding a building permit. He then related that because of his disability he decided to locate his business on the property. He related that he had a 2,000 square foot showroom constructed on the property, but has been unable to open the business because of his physical condition. He then explained that his medication has kept him from being able to run the business, adding that he cannot afford to hire someone to operate the business. He related that the remodel of his home was $85,000.00 and the commercial building was approximately $100,000.00. He stated that his doctor has advised him not to work while he is on pain medication, unless he felt that he could work. He stated that he does not feel strong enough to work until the afternoon, which has not been good for his business. He added that currently he is only seeing customers by appointment only. He stated that his showroom features bronze statues, which is not 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. – 7:45 P.M. merchandise that would appeal to children but only to customers who can afford expensive items. He stated that he assumes that his target customer would be a decorator. He pointed out that his residence is only a small distance from the business. He went on to explain health issues with him and his wife, who has now been diagnosed with cancer. He stated that his wife is currently responsible for paying the loans. City Engineer Whisker related that Mr. Naji’s property is currently located in the County outside the City limits, but is part of the area that the City is about to annex within the next 30 to 60 days. He explained that he does not feel that the County was aware of the building being constructed and when the City became aware of the building they visited the business and discovered that the building did not have a restroom. He related that State code prohibits a business from not having a restroom. He added that Mr. Naji had wanted waivers from asphalting the parking lot, constructing a sidewalk, or platting the property because he would not have enough money to finish the building if he were required to make those improvements. He went on to say that having a restroom is required by State law and he does not feel that it is something that can be waived by the Planning Commission. Alderman Howard related that he has observed that some businesses have signs posted that the bathroom is not for public use. City Attorney Bamburg stated that it would depend on the nature of the building. He explained that if the building is commercial and it is to be operable for the customer, then the restroom is for public use. He stated that businesses which have those signs typically do not have customers coming into their operational areas. He stated that it is not just State law that has to be factored into the consideration but also Federal ADA laws. He went on to say that the restroom has to be ADA compliant. City Engineer Whisker noted that because the building is 2,000 square feet, Mr. Naji would be required to have two restrooms, one men’s and one women’s restroom. In response to a question from Chairman Young, Mr. Naji answered that he has a showroom for bronze statues and he is planning to open by appointment only. He stated that he would not expect many people by appointment. He added that it would not be open to the public. He related that his physical limitations would keep him from opening the business to the public. In response to a question from Chairman Young, City Engineer Whisker replied that the property is within the City of Jacksonville’s planning jurisdiction but is not zoned by the County because the County does not zone property. He stated that the property is both a business and a residence, so it will be brought into the City as a 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. – 7:45 P.M. mixed use property. He then explained that all other area businesses have gotten building permits from the City and have been required to construct asphalt, sidewalks, and landscaping. He stated that Mr. Naji is requesting a waiver from those improvements. Chairman Young questioned what the procedure would be for any businesses that are brought into the City limits but are not in compliance with the code. City Engineer Whisker replied that if the business is existing and out of compliance, they would be required to make code improvements if they undertake a renovation of the business consisting of 50% improvements to the business. He explained that each business will be inspected for code compliance with a change of business or change of ownership. Mr. Naji explained that when he purchased the property in 2005, the previous owner told him that he had a lawn mower shop on the property for 40 years. He stated that the previous owner did not have a restroom even though he had a commercial operation. He stated that now he is being told that he has to have two restrooms. Chairman Young explained that it is State law that requires restroom facilities. Mr. Naji stated that the State should realize that not everyone is in the same situation. He noted that he does not get a disability check and the building is a beautiful building on the Highway. He added that he cannot afford to install a bathroom, and he does not expect to have that many customers. He stated that the State should consider his situation. Mrs. Alison Naji addressed the Planning Commission, reviewing location of the property and stating that they purchased the property because it was in the County. She related that her husband has had businesses in the past and wanted to open a business to generate a small income for them. She explained that the lawn mower shop was not in good shape so they spent personal funds from their retirement account to construct the new shop. She related that the shop was constructed by Crown Metal Buildings, explaining that the preferred contractor was used for the concrete work and the building looks good. She then explained that there is an asphalt driveway with a gravel turnaround and two concrete places to park. She went on to say that as far as landscaping, they paid to have the tree trimmed in efforts to save the tree. She then noted that the building is wheelchair accessible with green construction features regarding the windows and doors. She also related that they paid to have a survey done on the property. She stated that everything has been done regarding the parking and the survey, adding that the only thing that she is aware of being an issue is the restroom. She stated that they are not opposed to putting in a 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. – 7:45 P.M. restroom but they are out of money; adding that they would like to have a variance to open the business, generate some income and then put in a restroom. She related that while 2,000 square feet sounds big, if you look at the space in consideration to the inventory and office space, there is not that much showroom space. She stated that there is only room for one restroom, adding that they would make it ADA accessible. She stated that she feels the building is an asset to the City, which will generate income for them and the City. City Engineer Whisker agreed that extra money was spent to make it a nice building with green features. Discussion ensued regarding the criteria for the requirement of a second restroom. In response to a question from Commissioner Moore, it was answered that no plumbing pipes were put into the concrete slab when poured. He then questioned how a restroom could be installed at this juncture. Mr. Naji related that there is a crawl space under the building which would make the addition possible. He then related that there is no sewer only a septic tank for the residence. He stated that in order to have a restroom in the business, he would need to have another septic tank. Commissioner Moore confirmed with City Engineer Whisker that the installation of a second septic tank would also require a perk test by the Health Department. Mr. Naji reiterated that the building is not open to the public, but customers are by appointment only. He then reiterated his physical limitations regarding being able to keep the business open. Alderman Howard and Chairman Young pointed out that the requirement for a restroom is not a City code but a 2003 State plumbing code that cannot be waivered by the City. Chairman Young directed that the variances being requested from the Planning Commission are the asphalt, sidewalk, parking lot, and landscaping requirements. Mr. Naji noted that the business has a large gravel parking lot, adding that the business located on the property previously had a gravel parking lot. He stated that the previous business had a lot of traffic while his business is by appointment only. Again, he outlined his physical inability to operate the business full-time and his not being able to hire anyone to operate the business for him. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. – 7:45 P.M. Mrs. Naji stated that since so much of the space is being used for inventory and office space, there is not enough space for the number of people to have a second restroom. She noted that she is aware of other establishments that only have one restroom. She stated that it would be wasted space and money. She then addressed the issue of a sidewalk requirement, saying that their property goes down a hill with a ditch and nobody would ever use a sidewalk for what is maintained for the right-of-way. She stated that they feel the driveway and the gravel drive is adequate, adding that they do their own landscaping. She noted that she just paid $200.00 to have the grass cut and they plant their own flowers. She added that this is a “Mom and Pop” operation and they cannot afford to spend $20,000.00 on landscaping. Mr. Naji added that because of the way the property is situated against the road there is no place to put a sidewalk. He stated that he does not know who would want to walk on the side of the Highway. City Attorney Bamburg reiterated that the restroom issues are requirements that the City ensures that buildings comply to, adding that these are not requirements created by the City of Jacksonville. He acknowledged, as previously discussed, that the plumbing code requires two restrooms because of the square footage. Commissioner Keaton questioned if the available space is divided between storage, office, and showroom; could the requirement of a second restroom be eliminated. City Engineer Whisker stated that technically when constructing a building over $100,000.00 which is available to the public, you are supposed to hire an architect to build the building to ensure that it is code compliant. He stated that Mr. Naji entered the process in the middle by building the building and missed all of the preplanning steps, so now the City is trying to help him get to the project’s end. He stated that if Mr. Naji would like to hire an architect to determine if he is code compliant, since he is requiring two restrooms he could do that. Chairman Young related that the space could not be broken down according to use, it is figured by the overall use of the building. He stated that the overall use would be the buying and selling of goods. He stated that it would be different if the building were a warehouse regarding a distribution operation. Mrs. Naji stated that they are trying to work with the City of Jacksonville, noting that the building was not just thrown up it was engineered by Crown Metal Buildings. She added that they were told because they are located in the County they did not need to get a permit. She explained that she believes they checked with 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. – 7:45 P.M. Jacksonville and also Cabot, noting that they received a letter from Cabot excluding the requirement. She stated that they have a Cabot address. She added that they also checked with Pulaski County and they were under the assumption that they did not need a permit. She stated that the requirement for one restroom will be hard enough for them to achieve. She again noted that a second bathroom would just be a waste of space. She stated that since they are not in Jacksonville yet they need an extension, asking if it would be possible for them to be grandfathered in with the requirement of only one restroom. Discussion ensued regarding the possibility of making the restroom large enough to be split into two restrooms with only a toilet and a sink. Mrs. Naji stated that if it is split it would not be large enough to be handicap accessible. Chairman Young noted that each of the units would have to be approximately 6.5 X 7.0 feet. He added that it would have to have proper door hardware and clearance for ADA accessibility. He stated that he feels Mr. and Mrs. Naji will need time to have a plumbing engineer figure out how to get the restroom laid out within the facility. City Engineer Whisker stated that the State Plumbing Code would be a factor, explaining that it is a commercial business and they will be required to have the plumbing riser diagram reviewed and approved before the restroom can be constructed. He clarified that the Arkansas Department of Health Plumbing division would need to address the issues of a perk test regarding the second septic system. Mrs. Naji noted that they had paid to put in the conduit, adding that they have the designated place for a restroom and the only thing that they are missing is the plumbing. She added that they had even intended to put in a second septic tank. She reiterated that is why they would like to open the business, generate some income, and then have a restroom constructed. She related that she felt there could be some leeway given the fact they are still in the County and not yet a part of the corporate limits of Jacksonville, adding that maybe there is some way that they could be grandfathered. City Attorney Bamburg pointed out that the location is within Jacksonville’s extra territorial jurisdiction, explaining that the Commission has an obligation to enforce the laws and requirements regarding the construction code. He acknowledged that the facility does not meet those codes and the owners are requesting as many as five different categories, several of which the Commission does not have the authority to waiver. He then related that other area businesses would be addressed as the annexation progresses and the City inspects properties. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. – 7:45 P.M. Mrs. Naji related issues given a downturned economy, saying that she did not feel that they should be forced to do things that would be required of a large company. She stated that if required to make all the improvements that have been mentioned, then as a small business they will never be able to get the business off the ground. She stated that it would not provide income to them or Jacksonville, adding that it would be a waste. Commissioner Brannen moved, seconded by Commissioner Keaton to deny the site plan as presented. Chairman Young stated that the Planning Commission and City of Jacksonville is very pro business, adding that everyone wants businesses to thrive and do well. He stated that the Commission and City is willing to help by suggesting various available avenues. He stated that as Jacksonville grows into the annexed area, certainly the City wants all those businesses to do well and grow. At this time MOTION CARRIED. Commissioner McCleary suggested they return and provide plans regarding the restroom, noting that the City would have to abide by any State or Federal requirements. Chairman Young stated that a waiver would have to be obtained from the State Department of Health. Commissioner Moore offered that there might be agencies that would help because of Mr. Naji’s disability. Commissioner Keaton noted that when the site plan returns before the Commission there would also be a requirement to file a plat. City Engineer Whisker clarified that while the petitioner has offered a survey of the property; a plat would be required, subdividing the property. He explained that the property consists of 11 acres and would need to have a final plat for filing. Chairman Young offered that the surveyors could provide a final plat of the entire acreage. Mr. Naji reiterated that he does not have the money to construct a restroom, saying that in a few months he may not even have a business located on the property. He stated that if his wife loses her income because of having cancer the bank will get everything. He related that it cost $100,000 to construct the business and he has not been able to derive any income yet. Commissioner Ott offered his understanding but reminded that the Planning Commission does not have the authority to grant the waiver for the restroom. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. – 7:45 P.M. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:45 p.m. Respectfully submitted, _________________________ Susan L. Davitt 8