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03 JAN 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2003 7:00 P.M. – 7:58 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, Glen Keaton, and Mark Perry answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT six (6), ABSENT (2) with one opening. Others present for the meeting were City Engineer Whisker, Alderman Fletcher and Stroud members of the press, interested citizens, and petitioners. Nomination of 2003 Planning Commission Officers: Commissioner Perry moved, seconded by Commissioner Keaton to nominate Art Brannen as 2003 Chairman to the Planning Commission. MOTION CARRIED. Commissioner Keaton moved, seconded by Commissioner Young to nominate Mark Perry as 2003 Vice Chairman to the Planning Commission and Chairman to the Board of Adjustment. MOTION CARRIED. Commissioners Susan Dollar and Glen Keaton volunteered to serve as Planning Commission members to the 2003 Board of Adjustment and Commissioners Lester and Young volunteered to serve on the sign ordinance sub-committee of the City Council. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Perry moved, seconded by Commissioner Lester that the minutes of the 21 November 2002 Regular Planning Commission meeting be APPROVED. Noting that the regularly scheduled November 11, 2003 meeting rescheduled for November 18, 2003 was cancelled due to the lack of a quorum. MOTION CARRIED. Commissioner Lester moved, seconded by Commissioner Young to ratify the December 3, 2002 telephone vote to approve and forward to the City Council the Final Plat of Collenwood Phase IV. MOTION CARRIED. Commissioner Keaton moved, seconded by Commissioner Dollar to approve the Annual Planning Commission Report as submitted. MOTION CARRIED. PUBLIC HEARING(S): Establishing Various Zoning regarding Annexation Ordinance 1183 and 1177 of 2002. Chairman Brannen opened the public hearing at approximately 7:12 p.m. City Engineer Whisker related that the proposed zonings were submitted when the property was annexed. He reviewed the zoning for the landfill to continue as M-1 and C-4 regarding the Highway right-of-way. He stated that zonings regarding the Southeast Annexation is proposed for their current uses. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:03 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2003 7:00 P.M. – 7:58 P.M. Commissioner Perry moved, seconded by Commissioner Keaton to recommend proposed zoning Ordinance to the City Council. MOTION CARRIED. BUILDING PERMIT(S): a. TUP (Tower Use Permit) 111 James Street Mr. Chris Villines representative for T-Mobile, stated that in 1996 there were approximately six companies that were granted licenses to service the local area with PCS coverage. He stated that T-Mobile is one of the companies, adding that in order to cover the greater area of Jacksonville and the 67 Highway they have selected a site at 111 James Street owned by William and Patsy Roetzel. He stated that the property is located behind a convenience store at the intersection of James Street and Highway 67. City Engineer Whisker related that the Planning Commission would be the body to address any waivers regarding the Jacksonville Municipal Code telecommunications ordinance, adding that the request is for a monopole thirty feet taller than what is currently allowed by Code. He then explained that the monopole is legislated to be the heights distance away from any structure, pointing out that it is being proposed at forty-one feet from the nearest structure. In response to a question posed by City Engineer Whisker regarding a letter from the Little Rock Air Force Base, Mr. Villines responded that he has spoken with Mr. Fred Dollard who reviews all FAA request regarding clearance and Lucien Gilliam the Civil Engineer of the Little Rock Air Force Base. He stated that he was told by Mr. Dollard and Mr. Gilliam that the site would meet with their criteria. He further explained that any request over 700 feet AMSL would be denied by the Air Base, adding that T-Mobile’s proposal is in the 430 foot AMSL range. He stated that he is expecting an approval letter from Mr. Dollard regarding the request. He stated that construction could not begin until approval from the FAA was granted, adding that he would like to request approval from the Planning Commission contingent upon FAA approval and a letter from the Air Base. Discussion ensued and it was noted that a church is the only structure within 130 feet of the proposed tower. Chairman Brannen invited comment from the audience. Alderman Fletcher recalled the tower constructed behind Gwatney Chevrolet, which also exceed the height permitted by ordinance to allow other carries to locate on the tower. He stated that his desire would be to see several companies located on one tower as opposed to several tower locations around the City. He pointed out several other tower locations in the City. He mentioned recent concern regarding the aesthetics of signs in the Community, saying that cell towers should be viewed similarly. Mr. Villines addressed concerns, saying that T-Mobile is co-locating at approximately 90% of its locations in the State of Arkansas, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2003 7:00 P.M. – 7:58 P.M. more so than any carrier he has worked with. He stated that he could not speak specifically to the tower located behind Gwatney Chevrolet, but stated his estimation would be that in order to co-locate at the tower located behind Gwatney they would have to locate fifteen to twenty feet below the antenna at the top, which might create holes in their coverage area. He related that he believes it is an Alltel site. He stated that one of the problems is vertical separation between antennas, explaining that as you move down the tower it creates holes in the coverage area. He stated that T-Mobile does try to co-locate whenever possible. In response to a question posed by Commissioner Lester, Mr. Villines stated that he had reviewed possibilities for co-location sites. Chairman Brannen recognized Mr. James Reid. Mr. Reid stated that he is a member of the church that is located forty-one feet from the proposed location of the cell tower. He stated that his church has discussed the possibility of purchasing the adjacent property but does not have any time frame for that proposal. He asked Mr. Villines if the tower would have guide wire lines that would take up a large portion of the property. Mr. Villines reviewed the vicinity map of the location and the area to be used in the construction of the proposed cell tower. He stated that in the event that the land were purchased in future, the monopole could be moved approximately ten feet closer to the convenience store within the lease area, providing an opportunity for the church to maximize any land purchase. In response to a question posed by Commissioner Lester, Mr. Villines related that the lease on the property is a five-year lease with five rollovers. In response to a question posed by Commissioner Lester, Mr. Reid stated that the church would probably not be ready to purchase the land in twenty-five years, adding that he was mostly concern about the monopole having a large spread of guide wires. Mr. Villines stated that the monopole would stand alone without guide wires. He then pointed out that if the church were to purchase the property it would provide income for the church regarding the property lease from T-Mobile. City Engineer Whisker stated that his concern would be the ninety-foot waiver close to a residential area, adding that he does not believe that would be a good standard to set. Alderman Stroud questions concerns regarding radiation being the reason it is required to be located its height away from any structure. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2003 7:00 P.M. – 7:58 P.M. Mr. Villines stated that the equipment does not carry any radiation concerns, adding that under the telecommunications act, the FCC has mandated that radiation not be an issue regarding zoning areas because there is no indication that radiation is a factor. Commissioner Lester stated that he was weighing the concern from Council members and the aesthetics of the Community versus trying to provide quality cell service for the customers of the area. He stated that he would be inclined to postpone the decision until approval is granted from the Little Rock Air Force Base, offering additional consideration time. Commissioner Lester moved, seconded by Commissioner Keaton to postpone the item of business until confirmation is received from the Little Rock Air Force Base. MOTION CARRIED. Commissioner Lester questioned the requirement under Federal law that the service be made available in the area, questioning the possibility of co-locating or choosing a different site. Mr. Villines stated that he would review those considerations before returning to the Planning Commission. He stated that regarding the aesthetics and mitigating the impact, he did not feel there would be a better location. He stated T-Mobile exhaust search rings prior regarding coverage needs that best meet with FCC requirements, adding that they are mandated to provide coverage to the citizens of Jacksonville and surrounding areas throughout the State. He stated that T-Mobile’s goal is to optimize coverage and mitigate antithetic impact. He stated that he hates to ask for a waiver regarding the setback but pointed out that the area is not heavily residential. He stated that with regard to setting a precedent, they try to offer an arrangement that does not push the Planning Commission into a corner regarding any precedent that would be harmful later. He stated that T-Mobile feels this would be a great location for this type of development. Commissioner Lester stated that it eases his concern that there would not be a multitude of guide wires involved in the construction. Mr. Villines related that it would be similar in appearance to a flagpole with their equipment at the top. He stated that the monopole would be constructed to hold other carriers, but cautioned that it returns to the same problem of vertical separation. He stated that he would speak with the designers regarding the incorporation of a flange at the top of the monopole to provide vertical separation for additional carriers later. He stated that an addition waiver is necessary regarding fifteen feet for additional carriers; they could apply at a later time, adding that may have been the problem with the site earlier discussed at Gwatney. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2003 7:00 P.M. – 7:58 P.M. b. SITE PLAN 2301 T.P. White Drive, Lowe’s Home Center Mr. Marc Millis of Lowe’s Home Center from North Carolina stated that Lowe’s has submitted a site plan regarding the four properties located north of Blockbuster up to Madden Road along 67/167. He stated that the site plan is for a similar facility to the North Little Rock Lowe’s Home Center. He introduced Mr. Lance Mills of Ozark Civil Engineering to address technical questions regarding the site plan. City Engineer Whisker related extensive conversations with representative of Lowe’s, adding that his main concern is the driveway that faces the off-ramp on Highway 67/167. He stated that discussions have begun between the Highway Department and the City regarding the relocation of the off-ramp further north away from the Madden Road intersection. He stated that the relocation of the off-ramp would address concerns regarding any impact from the driveway onto Highway 67/167, but added that there is no firm plans to do so. He stated that currently the best solution regarding traffic cutting through to get to the off-ramp would be to have a barrier curb that would prevent traffic from being able to access the freeway from that location and forcing them to make a right hand turn. In response to a question from Commissioner Lester, City Engineer Whisker related that it could be a lengthy time before the relocation occurs. Mr. Millis stated that Lowe’s is in agreement to the barrier curb regarding safety factors. City Engineer Whisker related that a traffic study regarding a traffic signal at the intersection of Lowe’s would have to be coordinated with the traffic signal located at T.P. White and North First which is also coordinated to the signal at John Harden and Vandenburg. He stated that a second traffic study would have to be conducted to coordinate the signals. In response to a question posed by Chairman Brannen, City Engineer Whisker related that if the access roads were to change to one-way, the area in front of Lowe’s going back to Coffelt Road and the access road to Toneyville would remain two-way. Discussion regarding provisions for landscaping was noted to be satisfactory. Lester moved, seconded by Commissioner Young to approve the site plan for Lowe’s Home Center. MOTION CARRIED. It was noted that the Board of Adjustment granted a variance to Lowe’s regarding their standard sign package and parking. c. SITE PLAN Marshall and John Harden, Haskins Commercial Addition Lot 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2003 7:00 P.M. – 7:58 P.M. Mr. Robert Brown of Development Consultants stated that he would be representing the development of the Haskins Commercial Addition at the northeast corner of Marshall and John Harden Drive. City Engineer Whisker stated that he is requesting sidewalks following around from John Harden as it turns to Marshall Road. Discussion ensued regarding concerns for building in the floodway; City Engineer Whisker related that Development Consultants would be responsible for submitting a letter stating that the development would not create a rise in the floodway. He stated that a reduction request regarding the floodway has been sent to FEMA for their approval, but is pending at this time due to a long string of circumstances with the current owner. He stated that if approved most of the floodway status would be removed from the property. He stated that the driveway could be constructed under a “no rise certificate” prior to removal of the floodway status. Mr. Brown stated that there is no objection to the sidewalks, adding that they are hoping to see the floodway map revision approved which would allow for flexibility in grading of the property. He stated that otherwise the driveway would have to be constructed with existing grades, which can be done as long as the property is not filled in the floodway area. He stated that development plans would not affect the floodway. In response to a question posed by Chairman Brannen, Mr. Brown explained that the current owner of the property had hired a consultant who performed a study to have the floodway reduced without improvements. He stated that it was submitted to FEMA and as stated by the City Engineer it has basically been approved excluding some criteria regarding additional monies from the current owner. Commissioner Keaton moved, seconded by Commissioner Dollar to approve the site plan of Haskins Commercial Addition with construction of sidewalks as requested by City Engineer Whisker. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Haskins Commercial Addition Lots 1 and 2 In response to a question posed by Chairman Brannen, City Engineer Whisker related that landscaping provisions have not been addressed because the landscaping ordinance has not been approved by the City Council. Mr. Brown noted that landscaping issues would be addressed on the site plan, saying a formal landscaping plan had not been submitted because it had not been requested. He stated that he could provide one along with the construction plans. He referred to the site plan, saying that there are generous perimeter areas, interior islands including an area around the building dedicated to landscaping. He then noted that sidewalks would be added and indicated on future copies of the plan. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2003 7:00 P.M. – 7:58 P.M. City Engineer Whisker stated that the only items missing for a final plat approval is the water and sidewalks, which will be addressed with the final plat. Commissioner Lester moved, seconded by Commissioner Keaton to approve the Preliminary Plat of the Haskins Commercial Addition Lots 1 and 2 with sidewalks. MOTION CARRIED. FINAL PLAT Haskins Commercial Addition Lot 1 In response to a question posed by Chairman Brannen, City Engineer Whisker related that Lot 1 at the current time would involve the floodway regarding the driveway area. He explained that in order to sell a piece of property from a larger tract less than five acres it has to be final platted. He stated that Jacksonville Municipal Code requires that all improvements be in place prior to being final platted. He pointed out that a seller would not want to encumber the cost of improvements, adding that the developer and buyer would be happy to do the improvements, but is unable to purchase the property until it is final platted. He stated that it creates a dilemma, adding that in speaking with other cities he has learned that they require a guarantee that improvements will be made if the property is final platted. He stated that currently Jacksonville Municipal Code does not provide for that, adding that he is proposing an ordinance for the City Council that would allow for a guarantee of improvements and has brought this to the attention of the Council at their previous meeting. Chairman Brannen requested that the “no rise certificate” be provided prior to the item being submitted to the City Council. Commissioner Lester moved, seconded by Commissioner Perry to approve the Final Plat of the Haskins Commercial Addition Lot 1 contingent upon City Council approval regarding a guarantee of improvements and being recommended to the City Council for Final Plat approval. MOTION CARRIED. b. PRELIMINARY PLAT Lowe’s Home Center Inc. Mr. Lance Millis of Ozark Civil Engineering related that the sister company of Initial Point Surveying, Inc. has performed the surveying regarding the request to combine four properties into one large property to provide for the development of a Lowe’s Home Center. Chairman Brannen complimented the landscape plan for the development. Commissioner Young moved, seconded by Commissioner Keaton to approve the Preliminary Plat as submitted. MOTION CARRIED. GENERAL: Draft Landscaping Ordinance was discussed following the close of the regularly scheduled Planning Commission meeting. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2003 7:00 P.M. – 7:58 P.M. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:58 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary