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01 SEP 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2001 7:35 P.M. – 8:30 P.M. OPENING REMARKS: Vice Chairman Perry opened the meeting at approximately 7:25 p.m. expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, and Glen Keaton answered ROLL CALL. Vice Chairman Perry also answered ROLL CALL. PRESENT five (5) including Vice Chair, ABSENT (3). It was noted that newly appointed Commissioner Green has not yet been sworn in. Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, members of the press, interested citizens, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Lester moved, seconded by Commissioner Keaton that the minutes of the 13 August 2001 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE of C-2 in C-1 zone for 109 Dennis Lane Vice Chairman Perry opened the public hearing at approximately 7:38 p.m. Mr. Dennis Callahan related that he had requested the rezoning of 109 Dennis Lane to enable him to move his business (CPR Electronics) to the City of Jacksonville. He stated that he will pick up equipment for repair, so moving the operation will not affect his customer base. With no one to speak in opposition, Vice Chairman Perry closed the public hearing at approximately 7:39 p.m. Commissioner Lester moved, seconded by Commissioner Dollar to approve the conditional use for CPR Electronics at 109 Dennis Lane property zoned C-1. MOTION CARRIED. BUILDING PERMIT(S): REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Deer Creek Subdivision PH II Item representative Mr. Butler related that the subdivision is located in the County, but is under the planning jurisdiction of the City of Jacksonville. He stated that Phase I was completed in 1994, adding that Phase II is now ready for construction. In response to a question posed by Commissioner Dollar, Mr. Butler related that sidewalks have not been incorporated into the plans. Commissioner Dollar related that the Jacksonville Municipal Code requires four-foot sidewalks on at least one side of local streets. Mr. Butler stated that in recalling approval of Phase I, sidewalks were not a requirement in the County. Mr. Tommy Bond responded to a question from Mr. Butler, saying that he believed the sidewalks ordinance was approved in 2000. Mr. Butler stated that since there was no previous requirement for sidewalks he was unaware that Jacksonville had a sidewalk ordinance requirement and did not know if it applied to property outside the City, but still within the Planning Jurisdiction. He went on to say that if sidewalks are a 1 requirement, he felt that the developer would ask for a waiver from sidewalks at this time. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2001 7:35 P.M. – 8:30 P.M. Commissioner Dollar questioned the basis for a request of waiver. Mr. Butler related that there are no sidewalks in the Green Valley Subdivision, adding that Phase II is a continuation of that subdivision originally started in late 70’s early 80’s. He stated that if sidewalks are required there would only be 20-30 homes affected. He related that the topography and grade would not encourage pedestrian travel because of the steep hill. Commissioner Dollar related that the area is pretty and feels with the extended street there could be pedestrian traffic. She questioned any hardship that might exist. Mr. Butler stated that there is no hardship involved, but added that the rest of the subdivision extending to Jacksonville Caddo Road does not have sidewalks. He went on to say that he could not envision anyone walking sidewalks except for those living at the top of the hill. Commissioner Dollar moved, seconded by Commissioner Young to approve the Preliminary Plat of Deer Creek Subdivision contingent upon compliance to the Master Sidewalk Ordinance requiring a four-foot sidewalk on at least one side of the subdivision streets. City Engineer Whisker noted a 20’ building line setback on the north ridge, adding that typically the City requires a 35’ setback while the County has a 25’ minimum. He further mentioned the need for sewer and water approval. He asked that the County minimum be observed. Commissioner Dollar moved, seconded by Commissioner Young to amend the motion to include a 25’ setback for homes on the north ridge. MOTION CARRIED. b. PRELIMINARY PLAT Charlie Box Subdivision Representative Bond Engineering, Mr. Tommy Bond addressed the Commission saying that the subdivision was started 8 or 9 months ago, adding that Pulaski County found the development and notified City Engineer Whisker. He stated that it is within 1000’ of the Planning Jurisdiction of the City of Jacksonville. He related that the developer stated he was unaware he was suppose to send his plans through the Jacksonville Planning Commission. He pointed out that the subdivision consists of six houses, adding that two homes are occupied and two more are almost complete. He said that the County was is unhappy with the development and since it is within Jacksonville’s Planning Jurisdiction the developer is requesting someway to bring the subdivision into some kind of compliance. He stated that the subdivision is set up to provide a private road, adding that there is only room for a 30’ road right-of-way. He went on to say that it is theoretically possible to get another 5’ on each side to end up with 40’, but that will reduce the setbacks to 25’ for the houses. He stated that the subdivision would require several waivers. He asked if there was someway to bring the subdivision into compliance short of tearing the houses down. Mr. Bond then explained that he became involved approximately three-weeks ago after the County spoke to the developer requiring him to go before the Jacksonville Planning Commission. He went on to say that even after the Jacksonville Planning Commission passes off on the subdivision it will still 2 have to go back before the County for their approval if it violates any of their road rights-of-way or street requirements. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2001 7:35 P.M. – 8:30 P.M. Mr. Bond related that the only sidewalk requirement would be on Maddox Road, since it is a culdesac with less than 20 lots for Coty Drive. He then related that secondly there is the required 50’ minimum right-of-way; pointing out that if the Planning Commission requires the minimum there is no longer even a 25’ setback from the right-of-way. He stated that it would be reduced to probably 15’ setback for the houses. Thirdly regarding curb and gutter, the developer is proposing a 20’ concrete street with 4’ gravel shoulders, which the County in these same areas is accepting a 20’ asphalt street with a 4’ gravel shoulder. He stated however the developer is proposing a 20’ concrete street. He then related that a culdesac would be a requirement regarding emergency and service vehicles. He stated that the developer says that he does not own the end property, but City Engineer Whisker and Mr. Nary with the County have told Mr. Box that he has to have a culdesac turn around for fire and garbage trucks with a minimum 47.5’ radius. In response to a question from Vice Chairman Perry, Mr. Bond related that the developer has sold tracts A and B, which front Maddox Road and has commitments on the next two. City Engineer Whisker stated that he believes the bottom two tracts are sold as well. Mr. Bond pointed out that Mr. Box related that the five-acre tract is sold to his nephew. Commissioner Lester questioned if the five-acre lot isn’t where the culdesac should be developed. Mr. Bond stated that it is and that Mr. Box has been informed of that. Discussion ensued regarding the presenting of a plat when the developer does not still own all the property involved. Mr. Bond pointed out that all owners would have to sign the plat. In response to a question from City Attorney Bamburg, Mr. Bond related that all of the property owners are listed on the plat, adding that whatever is decided they would all have to sign the Preliminary and Final Plats. He stated that in his opinion the Preliminary plat is more of a negotiating point for something that is workable before coming back with a final plat because most of the subdivision is developed. He then pointed out that the developer has built four individual service lines down the street and the meters are on Maddox Road, there is no water line running along the street. In response to a comment from City Engineer Whisker, Mr. Bond clarified that the two houses that face Maddox Road have meters on their lots, but the other four are on Maddox Road adding that there is no provision for the five-acre lot. In response to a question from Commissioner Young, Mr. Bond stated that the service lines are in a 30’ right-of-way planned by the developer. 3 Commissioner Lester questioned if there is a fire hydrant within range regarding the Fire Department being able to fight a fire in the subdivision. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2001 7:35 P.M. – 8:30 P.M. Mr. Bond stated that he did not believe there was and City Engineer Whisker noted that it would be North Pulaski Fire Department. Mr. Bond stated that he had discussed building a line and placing a fire hydrant, but the developer has stated that he has provided water to all of the houses. In response to a question posed by Commissioner Young, Mr. Bond stated that the County wants 5 more feet of right-of-way regarding the houses built off Maddox Road. He related that it is set up for a 60’ right-of-way and the County’s street map shows it to be a 75’ so they are going to want another five-foot. He stated that he did not believe that the County is going to give on that point, adding that if the developer does that there is still room for a 35’ setback off Maddox because one of the houses sits back 45’ and the other is a 55’ setback. He stated that setbacks only become a problem regarding the right-of-way on Coty Drive. In response to a question posed by Commissioner Young, Mr. Bond stated that the houses on Coty Drive are within a 35’ setback if the right-of-way is held to 30’ and has a 5’ easement or have 40’ for road and utilities. He stated that the developer could comply with the 25’ building line for the houses that are there. In response to a question posed by Chairman Perry, Mr. Bond related that lots C & D have completed houses and lots E & F are under construction by the developer Mr. Box. Mr. Bond stated that City Engineer Whisker has requested that the developer provide easements for storm water 20’ for lots lot F through Tract 1, for Coty Drive to conform to your street naming criteria it should be Court and not Drive, dedicate an additional 5’ right-of-way on Maddox to comply with the County road plan. He stated that Mr. Whisker concrete for the street to be 3500 psi not 3000 psi, and mentioned that it should be 27’ back to back of curb, a bill of assurance, which I have here and a Health Department letter. He then related that the Health Department have percolation test that were approved but they are not happy because it was handled as individual lots as opposed to a subdivision. He stated that the developer will have got to go back to the Health Department again. He went to say that the developer would also need a water letter, adding that he felt a valid point was made regarding a fire hydrant and the water line. City Engineer Whisker stated that the list of improvements were what is required by Code, adding that obviously the developer will not be able to meet all of the requirements. He stated that he cannot meet the 50’ minimum right-of-way. He related that Pulaski County Planning most of their minimums are the same. Commissioner Young recommended starting with items that affect health, safety and welfare and then back into the lesser items. City Engineer Whisker stated that the water line and fire hydrant are very 4 important because he does not even have water to the back tract 1 currently. He then stated that a 20’ is the minimum and the developer did offer to build a 20’ road with 4’ shoulders. He noted that the plan shows a turn around at the base of the hill, which would be a minimum requirement by the Fire Department. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2001 7:35 P.M. – 8:30 P.M. Discussion ensued and it was noted that the Fire Marshall has requested the fire hydrant be placed at the entrance to the subdivision so that fire truck can hook on and drive it to the fire with the hose already hooked up. City Engineer Whisker stated that he did not believe the County would relent on the right-of-way for Maddox Road. He explained that the County has a master street plan for their rights-of-way on existing streets, pointing out that Maddox Road is showing is an extra 5 feet. He went on to say that he did not feel the 20’ easement would be a problem for the storm water, adding that the biggest questions is on the road. He pointed out the sidewalk requirement on Maddox Road noting that it would only span the two houses at the top of the hill, but adding that if and when Jacksonville annexes Maddox Road will sidewalks need to be constructed. He stated that the other question would be the size of the street, does the Commission want to allow 20’ street with 4’ gavel shoulders, or require the 27’ at curb back to curb on Coty Court. In response to a question posed by Commissioner Young, City Engineer Whisker stated that with a 27’ back-to-back curb it would only leave 7.5’ behind the curb to lay any utility lines. He then answered that there is the water line and sewer would have to be worked along with the electric. Discussion ensued and it was noted that the houses are all-electric regarding the need for gas lines. City Engineer Whisker pointed out that the usual utilities to be located in an easement are electric, gas, water, sewer, cable, phone, storm drain. It was then noted that the houses are on septic tanks. City Engineer Whisker stated that the Health Department is unhappy with that. Mr. Bond related that the Health Department wanted to see the plan, and that the developer has done everything properly its just that the Health Department is unhappy they perked the lots individually as opposed to the entire subdivision. Commissioner Dollar stated that it sounds like the 7.5’ easement would not be adequate. City Engineer Whisker stated that 7.5’ is not a lot of room to work in, adding that he did not feel it would be a problem for such a small culdesac with six houses and a tract behind it to have a smaller size road. Commissioner Dollar concurred. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that there is a larger road regarding a 25’ access easement on the back of the lots that leads between the subdivision to the east. Mr. Bond explained that the property was part of 100 acres owned by Mr. Lamb who had Bond Engineering divide the property into ten-acre tracts about 3 years ago. He went on say that the ten-acre tracts were sold and 5 subsequently some of those were divided. He stated that there is a sign adjacent to the subdivision that offer tracts for sales. City Engineer Whisker pointed out that they are selling less than five acres. Mr. Bond stated that the County is being very aggressive trying to stop this. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2001 7:35 P.M. – 8:30 P.M. City Engineer Whisker stated that the County does not allow that and so they have pointed them to the Jacksonville Planning Commission as the jurisdiction authority. He stated that the felt the area major road would be behind the subdivision more than the culdesac street. He added that the bill of assurance would not allow fences on the access easement. Discussion ensued regarding annexation of the area and the matter of the houses being on septic tanks. It was noted that it would be 20-30 years before sewer would reach that area. Conditions surrounding the development were reviewed regarding the need for various waivers. It was noted that issued regarding health and safety and issues for rights-of-way and easements setbacks may affect aesthetics but would not affect the health and welfare. Commissioner Lester moved, seconded by Commissioner Keaton to table the item of business until the next regularly scheduled meeting adding that the Plat is to include suggestions from City Engineer Whisker for optimal compliance with the Municipal Code to include a fire hydrant to Fire Department code, and the required sidewalk on Maddox Road with a 40’ right-of-way street. MOTION CARRIED. Discussion ensued regarding the upcoming County Planning meeting and efforts to work a solution for the subdivision. It was noted to be the general consensus of the Planning Commission for City Engineer Whisker to forward a letter to Mr. Box requesting that he cease construction until issue are resolved. GENERAL: Annexation request from First Electric Mr. Randy Jones of First Electric presented an early concept plan regarding construction to being in the spring for a new cooperate and district office in the location north of Murrell Taylor Elementary School off Loop Road. He stated that they are requesting annexation and the correct zoning for their plans. He related that the building would be approximately 50,000 square feet on 42 acres, requesting a C-4 zoning. It was noted that the property is contiguous to Loop Road. Commissioner Lester suggested and the Planning Commission supported the suggestion that the Murrell Taylor School be considered in the annexation effort. Mr. Jones offered the assistance of First Electric in that effort. It was noted that the proposed construction would face Loop Road. Commissioner Keaton moved, seconded by Commissioner Young to recommend to the City Council acceptance of petition regarding the voluntary annexation of 42 acres adjacent to Loop Road for First Electric and that First Electric ask the adjacent property of Pulaski County Special School District to join in the annexation process. MOTION CARRIED. Alderman Stroud addressed the Commission regarding the recent clean-up 6 efforts in Jacksonville, pointing out that since the ice storm there have been a lot of small carports being constructed all over town. He stated that it could be argued that they are already in violation of City ordinance, but added that the different entities should be on the same page. He related that the Mayor is working on a seminar for the City Council, the Planning Commission and Department Heads to discussed some of the issues. He stated that the metal CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2001 7:35 P.M. – 8:30 P.M. carports do not look good and that there are several people in town selling them. He expressed further concerns for the aesthetics associated with metal carports and the increasing number being erected. Alderman Stroud then asked the Planning Commission to review this issue and provide input. He related the desire for the City of Jacksonville to look good and be progressive allowing citizens to come to Jacksonville and enjoy a high quality of life. He stated that the better houses built, the better the tax structure is, which provides more pay for our Fireman and City Police. He related that he would like to include input from Code Enforcement. Vice Chairman Perry recommended that the item be include on the following agenda for input from all interested parties. ADJOURNMENT: Vice Chairman Perry without objection adjourned the meeting at approximately 8:30 p.m. Respectfully, __________________________ Susan L. Davitt Planning Commission Secretary 7