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00 DEC 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Bill Corroum, Bobby Lester, Bart Gray Jr., Dean Wilborn, and John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT five (5), ABSENT (1). Others present for the meeting were City Engineer Whisker and Patriot Reporter Peggy Koury. Chairman Brannen accepted Commissioner Hardwick and Commissioner Lester as volunteers serving from the Planning Commission for 2001 Board of Adjustment appointments. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Corroum moved, seconded by Commissioner Lester that the minutes of the 13 November 2000 Regular Planning Commission meeting and the 27 November 2000 Special Planning Commission meeting be APPROVED. MOTION CARRIED. REQUEST TO ACCEPT PLAT(S): a. FINAL PLAT Collenwood Subdivision PH II Mr. Jim Green related the plat changed only by the addition of three or four lots from the preliminary plat presentation. City Engineer Whisker clarified that the preliminary plat included the remaining development area and Phase II is a portion of that remainder. He related that changes included Jamestown Circle which now stops as it connects to Colonial Drive and the Bill of Assurance added the wording that the property owners association had to meet with the flood plain manager regarding construction in the flood way. He pointed out that the flood way is located at the rear of lots 48, 49, 50 and 51. Mr. Green then related that none of the lots actually encroaches on the flood way. Chairman Brannen questioned the F designation for lots 45, 46, 47 and 94. City Engineer Whisker clarified that the line from lot 31 and the one already created through 47 through 51 is the flood way boundary, adding that directly south is the Stonewall ditch and the ditch creates the flood way zone, so the area between Colonial Drive and Stonewall is a flood way. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. It was noted that the ditch is directly behind lots 50, 51, and 49. Mr. Green further clarified that it is approximately three or four hundred feet and that the ditch runs southeast/northwest. He noted that the plat did not include a scale and that for reference purposes, Jamestown Circle is within a minute or so of due north and south. Commissioner Hardwick recalled that the original subdivision plans required fences in the rear of lots located on J.P. Wright Loop, which would now be lots 70 through 66 of Phase II. He questioned initial action regarding fences for those lots. Mr. Green stated that he does plan to continue with previous fence stipulations regarding lots 66 through 70. City Attorney Bamburg advised that it should be included as part of the approval as a requirement. City Engineer Whisker asked that approval also be contingent upon his approval regarding readiness to send the item to City Council. Discussion ensued regarding sidewalk requirements and it was the general consensus that the Master Sidewalk Plan was adopted after the approval of the Preliminary Plat for Collenwood Subdivision. Commissioner Hardwick noted that there was always a sidewalk plan, but was somewhat ignored and agreed that the preliminary plat was approved prior to the revision of those guidelines. He stated that he did not feel it would be wise to place sidewalks that do not lead anywhere at this point. Commissioner Gray stated that the Ordinance requires sidewalks of all developers. Commissioner Hardwick related that it is a requirement of new plats being approved, but he felt it was not intended to be retro for plats that were previously approved regarding second and third phases because the sidewalk would not connect or lead. City Engineer Whisker pointed out that the preliminary plat of Collenwood included the remainder of that subdivision not just phase II, which will be further broken out later with Phase III. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. Further discussion ensued and City Engineer Whisker related that preliminary plat approval stands for one year as long as Phase III begins within one year. He stated that he would research if it actually has to be finished or just in construction. Commissioner Gray pointed out that support data indicated that the preliminary plat for Collenwood Phase II was approved November 8, 1999. It was then noted that water, sewer, and fire has given plat approval to the City Engineer. Commissioner Hardwick moved, seconded by Commissioner Wilborn to approve the Final Plat of Collenwood Phase II, stipulating that fences be erected on lots 66 through 70 as with Phase I and further stipulating that if the Master Sidewalk Plan calls for sidewalks it would not require them in phase II, as it does not appear to be practicable for this development to place sidewalks that do not lead or connect and further subject to the City Engineer’s final approval. MOTION CARRIED. b. FINAL PLAT Gene Wilson Commercial Development Mr. Wilson related that he is scheduled to close Thursday on one of the two tracts involved in the final plat. City Engineer Whisker related that the property is located south of Kroger on North First Street. He stated that lot 1 currently has a small green house located there and lot 2 has a duplex on the corner with a gravel drive leading back into the mobile home park behind both pieces of property. He further related that an auto parts store is planned for lot 2, and the final plat will create the subdivision and plat the 30-foot easement owned by the Mr. Wilson as access to the mobile home park. Commissioner Gray recalled several discussions in the original review and in Board of Adjustment considerations for the auto parts store and it was recommended that the property be platted as a joint access off Hwy 161 for both lots. City Engineer Whisker agreed and stated that the building permit would be the last action for lot 2 after it becomes a subdivision adding that a building permit in a subdivision does not have to go through the Planning Commission. Commissioner Gray suggested that consideration for one turning in access for both lots as a stipulation needs to be addressed at this time. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. City Engineer Whisker suggested that the bill of assurance could provide an avenue for that provision. Mr. Wilson pointed out that the property actually has three entrances. City Engineer Whisker stated that the current discussion suggest that the parking area of both lots should share all three entrances, connecting the parking areas behind the sidewalks so that a vehicle pulling into lot 2 can drive through to lot 1. Commissioner Gray explained that currently there is access on the north side, behind the grocery store and one on the south part of lot 1 to the mobile home park, adding that the recommendation will only be for one additional turning into both lots. He clarified that the two driveways would be consolidated into one driveway for both lots. Discussion ensued and Commissioner Hardwick stated that the objective of the Planning Commission is for two driveways, pointing out that while there are three curb cuts, two of them are single family residents. He then stated that because of the traffic generated from a commercial development this stretch of Hwy 161 does not need three curb cuts to access these properties. He stated there would be an access to lot 1, lot 2 and access to the mobile home park, adding that it could be structured for a shared access between lot 1 and 2, or where the only access to lot 2 is from the easement then we can accomplish two curb cuts as opposed to three. He concluded that he felt it would be a traffic hazard to have three curb cuts for these two lots. Discussion ensued regarding the location of the third curb cut being at Gregory Place and City Engineer Whisker stated that it was his understanding that there would be three curb cuts and the middle one would be a shared access by the two lots. Commissioner Gray mentioned the alley behind Gregory Place adjoining the property and Commissioner Wilborn asked it a fence was between the properties and Kroger. Mr. Wilson responded that there is an alley behind Kroger and that the north line has a fence, adding that half of the forty foot curb is in the alley and half is on his property as a continuous shared curb cut. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. In response to a question from Commissioner Wilborn, Mr. Wilson related that the location of the road that leads to the trailer park is not a center access, adding that the center access point lead behind his house. It was noted that the road on the south side is the road that goes into the mobile home park. Mr. Wilson then responded that the mobile home park easement is going to be turned into a street. City Engineer Whisker questioned and clarified with Mr. Wilson that the new owners of lot 2 are going to asphalt the utility/access easement back to the west property line and that it will be maintained by the property owner. Mr. Wilson stated that easement maintenance will be shared with the owner of lot 2 and is covered in the bill of assurance. City Engineer Whisker quoted the bill of assurance as saying “will be the responsibility of the owner to maintain, and no utility and/or public agent will be liable for destruction of same in constructing and maintaining its facilities located within the area of said easement.” He stated that it speaks specifically to the area of the easement and that as stated it places the responsibility to the owner to maintain. Mr. Wilson responded that the bill of assurance needs to be changed because the easement agreement stated that it would be shared. City Attorney Bamburg reminded that the a bill of assurance covenant is for 30-years and City Engineer Whisker added that it extends itself every ten year after unless changed. City Attorney Bamburg clarified that the mobile home park is not a part of the subdivision and it was related that the owners of lot 1 and 2 could decide that the owner of the mobile home park does not have to maintain the road at the end of 30-years. Discussion ensued and Mr. Wilson stated that the bill of assurance will need to be changed for a shared maintenance agreement. City Engineer Whisker stated that it is his understanding that the bill of assurance is accepted along with final plat approval. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. Commissioner Gray stated that as a common agreement it needs to be addressed. In response to a question from Commissioner Gray, Mr. Wilson agreed to revise the bill of assurance, adding that he requested the road be developed to City specifications because of truck access and future repairs. Discussion ensued and it was noted that both parties must agree to changes of the bill of assurance regarding shared maintenance for the access. Commissioner Hardwick offered that it would be beneficial to all parties to redraw the bill of assurance and have it state that the access to lot 2 includes an easement to lot 1 from the street to the building setback line. He explained that if lot 1 is granted an easement to the building setback line regarding the present curb cut then there would be no need for lot 1 to request an additional curb cut. Discussion ensued and it was related that lot 1 is currently for sale as commercial property. Commissioner Hardwick moved, seconded by Commissioner Lester to table the item of business pending Mr. Wilson’s return with a revised bill of assurance, drawn as he intended on the present easement regarding access to the mobile home park by showing it to be shared maintenance between lot 2 and the mobile home park and to show an easement to lot 1 on the north side of lot 2 to the building setback line regarding the 40-foot drive and that the bill of assurance would also state that after the 30-year period the easement maintenance to the back line of lot 2 would fall upon the owner of lot 2. Commissioner Gray asked Mr. Wilson if waiting until the next meeting date would create a hardship. Mr. Wilson responded that he did not know, reiterating that the close date is Thursday before the January 8th City Council meeting. Discussion ensued and it was suggested that final plat could be approved specifying all stipulations. Commissioner Gray stated that the final plat can not be recorded until the City Council approves it, which is still almost two weeks after the closure date. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. When asked about his thoughts, Mr. Wilson stated that he was not sure regarding his next action but wanted finality. He then stated that the bill of assurance would be changed quickly but added that he would need to get with the future owners of lot 2 regarding a shared access between lot 1 and 2. He stated that if a shared access could not be worked out, it renders the deal useless. He also mentioned waiting for City Council approval. Discussion ensued and it was noted that as the motion stands the Planning Commission would have to meet again for approval before recommendation to the City Council. It was then discussed if the closing date could be reset regarding time for final plat approval. Commissioner Wilborn clarified that the only real question is if the owners of lot 2 will allow a shared access with lot 1 and the bill of assurance regarding maintenance responsibility for the easement. Discussion ensued as to a special called meeting of the Planning Commission regarding final plat approval. Mr. Wilson did not know if it would be a problem to change the closing date. Commissioner Hardwick moved, seconded by Commissioner Lester to amend the previous motion and approve the final plat of the Gene Wilson Commercial Subdivision with the conditions that the paragraph one of the bill of assurance be changed to show the shared cost of the utility/access easement for the first 30-years, and then the cost to be the responsibility of the owners of lot 2 after that 30-year period; and further that the bill of assurance include an easement to lot 1 from the curb cut on the north side of lot 2 back to the 50-foot building line, with the plat showing the same. Consensus was that the amended paperwork would be delivered to the City Engineer. Discussion ensued and it was determined that based on the wording of the motion a special Planning Commission meeting prior to the City Council meeting would not be necessary if all stipulations are met. MOTION CARRIED. GENERAL: Discussion of proposed west and south Annexations City Engineer Whisker presented a map regarding the south annexation and explained the approximate new boundaries if CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. annexed. He related that the annexation would include St. Luke’s Church, a few houses on Hwy 161, part of the cemetery, and one or two businesses along Hwy 161. He related that he is currently contacting property owners. He announced that the public hearing annexation meeting will be held January 8th at 6:00 p.m. at City Hall. He related that the Water and Sewer Departments will be in attendance to answer questions. He then related that an aerial photo and legal description regarding the west annexation proposal was previously distributed. Discussion ensued and it was related that the public hearing will cover both the west and south annexation proposals. City Engineer Whisker mentioned consideration for the Federal Grant involving the Wooten Road area regarding wastewater. He then mentioned that an area of property from the cemetery to the liquor stores would remain in the County. He stated that a private club located on Hwy 161 will be included in the south annexation. It was further discussed and consensus was to determine if it was a private club or open bar. City Engineer Whisker related that his understanding is that the south annexation is a result of efforts to annex the northbelt freeway and a portion of the Hwy 161, adding that this is accomplished by following the railroad tracks and the section line. Commissioner Gray suggested that a property owners map be made available for the public hearing. City Engineer Whisker stated that some of the boundary line follows property owner lines as well as section lines as they coincide. He pointed out that the boundary line does not split property owners’ land except a property owner on the north section by the church to the railroad tracks and AP&L’s property on the south end divided by the section line where the property continues to extend southward. City Attorney Bamburg stated that the annexation process would depend on input from the various property owners involved in the proposed annexed area. Commissioner Corroum stated that with the completion of the northbelt freeway; Hwy 161 is going to become a major thoroughfare with possibility of additional annexation proposals. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2000 7:00 P.M. - 8:05 P.M. Commissioner Hardwick stated that current proposal is less likely to receive objections. In response to a comment from Commissioner Corroum, City Engineer Whisker related that the Police Department currently patrols the landfill area and he will check regarding the area south of there. Discussion ensued regarding the proposed annexation for Maddox Road and Pridmore and it was related that it was not included in the current annexation public hearing. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 8:05 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary