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04 OCT 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. OPENING REMARKS: Vice Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Chad Young, Bobby Lester, Glen Keaton, Kevin McCleary, Mike Traylor and William Montgomery answered ROLL CALL. Vice Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT two (2). Others present for the meeting were City Engineer Whisker, Alderman Bob Stroud, Mrs. Emma Knight, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Lester that the minutes of the 13 September 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. AICUZ Ordinance Recommendations Vice Chairman Stroud opened the public hearing at approximately 7:02 p.m. He invited members of the audience to address the item of business. He related that the previous month, personnel from the LRAFB were present to explain issues regarding amendments to the AICUZ Ordinance. He related that issues regarding additional housing insulation for noise contours were reviewed in areas being considered for addition to the current AICUZ defined area. No one in the audience responded to the request. Vice Chairman Stroud closed the public hearing at approximately 7:03 p.m. b. CONDITIONAL USE at 701 W. Main Street Vice Chairman Stroud opened the public hearing at approximately 7:04 p.m. Mr. Paul Sheaffer related that he is selling the Feller’s Texaco Service Station at 701 W. Main Street, adding that he was not aware that he had been operating under a conditional use permit. He related that the business has operated as a gas station since 1963, adding that he is requesting the ability to sell the property under it’s present use and have the buyer be able to continue to operate the same business. Commissioner Montgomery questioned the ramifications of the landscaping ordinance if the business were to change ownership. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. City Attorney Bamburg clarified that if approved, the business would continue in the same capacity and the landscaping ordinance would not be relevant in this case. It was noted that recommendations for additional landscaping could be encouraged for the buyer of the property. Vice Chairman Stroud recommended that the new owner be encouraged to incorporate landscaping considerations. Mr. Sheaffer stated that he cannot instruct the new owner to put in trees or other landscaping considerations. Vice Chairman Stroud clarified that it is only being offered as a recommendation at this time. Vice Chairman Stroud closed the public hearing at approximately 7:10 p.m. Commissioner Montgomery moved, seconded by Commissioner Keaton to approve the continued conditional use as a service station, garage, and U-Haul rental facility at 701 W. Main Street. MOTION CARRIED. c. CONDITIONAL USE at 1701 South Hwy. 161 Vice Chairman Stroud noted that the conditional use is for a daycare facility in a C-3 zone, adding that the petitioner is My First School, Inc. Vice Chairman Stroud opened the public hearing at approximately 7:12 p.m. Mrs. Maggie Martin, President of My First School, Inc. related that they have two other centers located in Sherwood and Vilonia that are new construction. She related that the buildings are state of the art with cameras, adding that there is a 280 children capacity. She related that the proposed center would hold approximately 175 children. She noted that the former building has been removed and new parking lots with curbs and gutters would be added along with new sidewalks. City Engineer Whisker noted that Mrs. Martin has also chosen to put in a $40,000.00 sprinkler system in the building due to the number of children. City Engineer Whisker then answered that the plan does comply with the landscaping ordinance. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. In response to a question posed by Commissioner Montgomery, Mrs. Martin explained that the current drive would be widened and moved further from the intersection. She noted that the drive would be 20’ from the other corner. In response to a question posed by Commissioner McCleary, Mrs. Martin related that there are already sidewalks on Trickey and she assumes the sidewalk will be designed for Hwy 161 with the same design as the Dollar Store across the street. She stated that in researching parking space requirements for a daycare there were no specific regulations, adding that in other cities she has found that the general rule is one parking space for every 10 children and one for each teacher. She explained that the square footage requirement regarding parking would require approximately 58 or 59 spaces, which she stated would be “over kill”, explaining that their clients do not stay but come and go. She related that the requirement would create a huge parking lot where instead she could have a huge playground. She answered that she feels given the number of children and teachers, 40 parking spaces would be more in line with the operation. Discussion ensued and City Attorney Bamburg clarified that the waiver for parking spaces could be a recommendation from the Planning Commission as part of the approval. In response to a question posed by Mrs. Martin, it was determined that a 6’ chain link fence could be used for the playground area. In response to a question posed by Commissioner Montgomery, Mrs. Martin explained that the building would have 32 cameras, 5 on the outside of the building and the rest on the inside. She explained that tapes are recorded daily regarding activity inside the building, stating that this covers her investment as well as addressing lawsuit concerns. She related her willingness to convict anyone who steps outside the rules. It was noted that the item would not return before the Commission as a building permit, City Engineer Whisker explained that the existing building would be rebuilt. Mrs. Martin stated that she is investing $300,000.00 in the renovation of the building not including her purchase costs. Vice Chairman Stroud closed the public hearing at approximately 7:17 p.m. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. Commissioner Keaton moved, seconded by Commissioner Lester to approve the conditional use of a daycare facility at 1701 South Hwy. 161 and granting a waiver for parking to be one space for every ten children and one space for each teacher. MOTION CARRIED. d. CONDITIONAL USE at 209 North Bailey Vice Chairman Stroud stated that the request is a mixed residential and commercial use in the mixed use overlay zone. He related that the petitioners are Joe Rounsaville and George West. Vice Chairman Stroud opened the public hearing at approximately 7:19 p.m. Mr. Rounsaville related that his present physical address is 44 Arrington Springs Drive in Little Rock, explaining that he is seeking a conditional use of 209 North Bailey to be used as a residence and a professional office. He noted that the property is an older property that has been vacant for some years, adding that the property has been vandalized. He stated that the property is in a general state of disrepair, explaining that Mr. West no longer lives in Jacksonville and does not have the time to keep the property up. He noted that he has an arrangement with Mr. West to purchase the property contingent on matters working out. He stated that one reason he feels the property has been vacant for so long is that it is commercially zoned but was originally built as residential and is not laid out efficiently for commercial use. He stated that the Code Enforcement Officer and the Fire Marshal have been through the building and given him a list regarding repairs to Code. He related that with the large amount of repairs, the only cost effective solution for him would be to use the building as a residence and an office. Discussion ensued regarding landscaping considerations, Mr. Rounsaville pointed out that the front and back of the property is concreted. He noted that there is a 5’ to 6’ wide 30’ long strip on the north end of the property to the front and a possible 100 square feet of potential area for green space. He then noted that eventually he might be interested in expanding the building space into that area for additional offices. He added that in the meantime he intends to return the area to grass. He noted that most of the trees are on adjacent property. City Engineer Whisker noted that 50% of the total assessed value of the property would need to be renovated to call into play the green ordinance. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. Discussion ensued and it was determined that the amount of repairs and renovations would require Mr. Rounsaville to meet the regulations of the green ordinance. City Engineer Whisker suggested that additional landscaping would need to be added to the sides of the property to meet those regulations. Commissioner Young offered that most likely, pockets would need to be created in the concrete area to meet the green ordinance. Various options for placing landscaping were discussed regarding existing concrete parking and the appraised value of the property, Mr. Rounsaville noted that the property had been reappraised to be valued at $36,000.00. It was suggested by Commissioner Lester and accepted by the Commission that planter boxes on the property would be acceptable. City Engineer Whisker offered to review Mr. Martin’s landscaping requirement for the property, noting that it would be 5% of the area available for parking. Vice Chairman Stroud closed the public hearing at approximately 7:30 p.m. Commissioner Lester moved, seconded by Commissioner Young to approve the conditional use of a mixed zoning use of residential and commercial at 209 North Bailey, contingent that Mr. Martin and City Engineer Whisker agree on the landscaping requirements. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Hayley Heights Lots 14-50 Mr. Jim Butler related that the first phase consisting of 13 lots on Bobbitt Lane have been completed along with a 3 lot commercial portion currently being developed, adding that lots 14-50 is the final portion for development. He stated that the lots are proposed for single-family development and noted that the street and drainage plans have been forwarded to City Engineer Whisker, Central Arkansas Water and sewer. He added that they have received approved from Sewer Improvement District 213, adding that it will still go before the County Health Department. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. City Engineer Whisker related that the Fire Marshal did recommend an additional fire hydrant at the east end of the subdivision and Pulaski County had a few comments, adding that he would recommend that all Pulaski County comments be made a part of the approval. He stated that the developer is also requesting a waiver of sidewalks. It was noted that there are no sidewalks on Bobbitt or Hatcher Road. City Engineer Whisker noted that there were no sidewalk requirements for the first phase of the development. Commissioner Keaton moved, seconded by Commissioner Montgomery to approve the Preliminary Plat of the Hayley Heights Subdivision Lots 14-50 with addition of a fire hydrants per request of the Fire Marshal, and that all comments from Pulaski County be completed and to grant a waiver of sidewalks. MOTION CARRIED. b. REVISED FINAL PLAT Clover Ridge Subdivision PH II Mr. Josh Minton of Bond Engineering, acting as representative for developer Mr. Brian Boroughs stated that Phase II is adjacent to Phase I, which came before the Commission approximately 2 months ago. He noted that there are only two items that he is aware of that have not been completed, stating those items to be the asphalt and a leak in the sewer system. He related that the sewer system was videoed early last week and was found to have a leak, adding that the developer has agreed to fix the leak as soon as the rains stop. He added that the developer is requesting Final Plat approval contingent on the asphalt being placed and the sewer being accepted by the Wastewater Department. City Engineer Whisker related that the asphalt work was not completed when Phase I was presented for a Final Plat and now the asphalt work is not completed in Phase II, as well as part of the sewer work not being completed. He stated that while he believes Mr. Boroughs is a good developer and will complete the work, he is not sure that would be true of all developers. He noted that previously there was a point made by the Commission to have all work-completed prior to being approved as a Final Plat. Vice Chairman Stroud agreed, saying that before Final Plat approval is given, all improvements need to be in place. He verified with Mr. Bob Williams that the Wastewater Department has not approved the sewer in phase II of the development. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. Commissioner Young moved to table the plat until the sewer has been accepted by the Wastewater Department and all asphalt work has been completed. Mr. Minton asked if the Final Plat could be approved, contingent that the sewer be repaired prior to the next regularly scheduled City Council meeting or the developer would bring the plat back to the Planning Commission. Vice Chairman Stroud stated that the more important issue would be that the Sewer Commission accepts the sewer prior to moving forward. Mr. Minton noted that the developer has shown good faith, adding that if the work is not completed then it would not be brought before the City Council. Vice Chairman Stroud reiterated the importance of water and sewer acceptance prior to the Planning Commission approving a Final Plat. Mr. B.J. Boroughs related that he and his son are the developers, explaining that the work would have been completed if the rain had not held them up. He stated that there are quite a few lots that already have contracts, adding that two of the lots are pre- sold houses and the builders are ready to begin construction. He stated that the buyers are anxious to start, adding that the delay of another month would affect those involved. He requested the Commission to consider approving the Final Plat for Phase II as they did with Phase I, and making it contingent on the work being completed before the City Council meeting and if they are not able to get the work completed then the City Council would not pass it unless all the work is completed. Vice Chairman Stroud reiterated that the Planning Commission does not want to move ahead of the Wastewater Department acceptance. He added that the Planning Commission would not want to set the precedent for other developers, pointing out that the City has already been sued in a situation similar. He stated that as a Commission it would be improper to approve the Final Plat and send it to the City Council before it is accepted by the Wastewater Department. Mr. Minton related that it is mainly a paperwork issue, adding that tomorrow the sewer line would be repaired and televised. He stated that the development is only half a step away from being 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. completed. He related that he visited with Mr. Williams, explaining that if they get the line repaired and televised tomorrow then approval from the Wastewater Department is imminent. He asked Mr. Williams to verify that information. He noted that if they miss next week’s City Council they could at th least be ready for the November 4 City Council meeting before th having to wait for the November 18 City Council meeting and th through another Planning Commission meeting on November 8. Mr. Bob Williams stated that the position of the Wastewater Department is that the sewer is not completed according the their specifications and until it is completed according to those specifications they cannot accept it for operation and maintenance. He stated that he does not personally have any doubt that the work will be completed but that it is a matter of adhering to the specifications and at this point they do not want to set a precedent either. Discuss ensued regarding the former lawsuit resulting from extending leeway to a developer in similar fashion. Mr. Minton question if this is not the point of a contingency, adding that it would be accepted with only these two items outstanding. He stated that the Commission would accept that, which is the point of contingency. Vice Chairman Stroud stated that this issues is more than just a contingency, it involves two Commissions that will have to accept it before it can be moved to the City Council. Mr. Minton verified with Mr. Bob Williams that the plat would not have to go through the Sewer Commission for Wastewater Department acceptance. He went on to explain that Mr. Williams’ office would issue the acceptance, not the Sewer Commission. Vice Chairman Stroud questioned Mr. Williams, regarding Planning Commission approval of the Final Plat contingent on the sewer being completed. Mr. Williams stated that the construction of a subdivision is approved by the Sewer Commission and then the General Manager oversees the acceptance for operation and maintenance. He added that the acceptance is at the discretion of the General Manager when all the stipulations have been met. He stated that he does not feel he can direct the Planning Commission either way. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. The question of holding a special Planning Commission meeting before the City Council meets on November 4, 2004 was raised. Commissioner McCleary seconded the previous motion to table the plat until the sewer has been accepted by the Wastewater Department and all asphalt work has been completed. Discussion ensued regarding the motion to table and the time involved with hosting a special meeting. Mr. Brian Borough then answered that if the rains stop, he feels the sewer repairs could be completed tomorrow and asphalt by the end of the week. He then reminded the Commission that two months ago they had approved the Final Plat on Phase I with no asphalt. He stated that in talking about setting a precedent he does not feel that he has abused that. Vice Chairman Stroud noted that the precedent the Commission was referring to is the approval of the Final Plat ahead of acceptance by the Sewer or Water Commissions. At this time, MOTION CARRIED. It was the consensus of the Commission that when the work is completed and the sewer is accepted by the Wastewater Department, that the developer contact City Clerk Susan Davitt to arrange the scheduling for a special meeting. It was noted that if the Final Plat could be approved at a special meeting the developer could th make the deadline for the November 4 regularly scheduled City Council meeting. c. PRELIMINARY PLAT Worley’s Place Mr. Josh Minton of Bond Engineering stated that the development would be for assisted living apartments adjacent to the Timberwood Apartments on Hospital Drive. He noted that all arrangements regarding ADA (American Disability Act) have been met, adding that there would be a sprinkler system in the three- story development. He stated that the development would have green space along Hospital Drive and a fire hydrant in the middle of the development. He noted a sewer easement behind the Timberwood Apartment development, adding that the water would be supplied from Hospital Drive. City Engineer Whisker recalled that the development was approved by the Board of Adjustment for a parking space variance and a building height variance regarding the development of a three- 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. – 8:00 P.M. story building. He noted that the entrance has been designed to line up with the drive of the Towers. He noted the placement of the sidewalk and the drainage. He then stated that he has not seen the landscaping plans for the development, but noted that it would have to adhere to the requirements of the ordinance. Commissioner Young questioned if the developer would consider saving the tree that is located in the middle of the proposed parking lot. He suggested that any loss of parking space could be switched to the front of the building. Mr. Minton explained that the tree lines up with the proposed drive. Discussion ensued regarding several factors involved with consideration for saving the tree. Mr. Minton offered that the planter could be placed around the tree. It was noted that a redesign of the parking would ensure the same number of spaces. Commissioner Young moved, seconded by Commissioner Montgomery to approve the Preliminary Plat of Worley’s Place with a recommendation to save the 42” tree located in the middle of the parking lot and allow parking to be altered to maintain the same number of spaces. MOTION CARRIED. GENERAL: ADJOURNMENT: Commissioner Lester moved, seconded by Commissioner Montgomery to adjourn the meeting at approximately 8:00 p.m. Respectfully submitted, _________________________ Susan L. Davitt 10