Loading...
04 SEP 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 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 Susan Dollar, Chad Young, Bobby Lester, Glen Keaton, and Mike Traylor answered ROLL CALL. Vice Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT three (3). Others present for the meeting were City Engineer Whisker, Mr. Lucian Gilliam, Mr. Ken stocker Lieutenant Col. Gene Taylor, Mr. Robert Brown, Alderman Bob Stroud, Mr. Larry Dupree, Mr. David Jones, Mr. Mike Marlar, and Mr. Tommy Bond. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Dollar that the minutes of the 9 August 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): DEVIATION IN AGENDA: AICUZ Update by LRAFB Commissioner Dollar moved, seconded by Commissioner Lester to place the AICUZ Update as the next item on the agenda. MOTION CARRIED. Public Affairs Officer Captain John Sheets introduced Lieutenant th Col. Gene Taylor, 314 Operations Support Squadron Commander. He stated that Lieutenant Col. Taylor oversees the airfield and the air space that surrounds the Base as well as the flight training routes. He noted that Lieutenant Col. Taylor is also an experienced C-130 pilot. He then introduced Mr. Lucian Gilliam the LRAFB Deputy Civil Engineer and Mr. Ken Stocker LRAFB Community Planner. Lieutenant Col. Gene Taylor commended the strong working relationship between the LRAFB and the Jacksonville Community. He related that the purpose of the AICUZ program is to provide a seamless interface regarding flight operations and the impact of community development. He reviewed steps at the State level regarding the adoption of Arkansas Act #530 in 1995 for cities with an Air Force Base within their city limits sponsored by former Representative Mike W, adding that the City of Jacksonville then adopted Ordinance 1119 in April of 1999 to define the recommendations of the AICUZ Program. He related that one of the main thrusts of the program is to minimize community disturbance through managing operating hours, noting that noise 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. levels are more acceptable during the day then at night and control of the aircraft flight paths. He noted that each operation is limited, adding that the Air Force has moved increasingly toward night operations. He then reviewed that originally AICUZ consideration were introduced to the LRAFB in September 1977 with several studies in the interim years, adding that the previous study was completed in 1992 regarding amendments to procedures with the addition of the C-130J Aircraft. He noted that the current study was completed in April 2003 and that the three areas of focus are noise zones, accident potential zones, and approach/departure clearance surface. He demonstrated the 1992 noise contours in regard to the 2003 noise contours, noting that in both comparisons the highest concentration of noise levels are located on the Air Base. He noted that the decibel levels range from 65 decibels to the north going off base to 90 decibels on the Base. He stated that the noise contours have changed because the C-130J is a slightly louder aircraft and operations have migrated to night missions, which carries a greater noise impact. He then correlated common noise sources to decibel levels, pointing out that 65 decibels is normal speech at 3 feet, and then equated that a vacuum at 10 feet would equal 70 decibels. He noted that while that may not seem very loud it becomes an issue if it is a noise heard on and off all day. He presented recommendations regarding development in consideration to various noise levels. He noted that residential development is not recommended in noise contours of 65 decibels or higher, commercial is acceptable until decibel levels reach 80 plus and added that industrial or agricultural development is acceptable in all contour levels. He then reviewed accident potential zones, pointing out that the first 3000’ adjacent to the end of the runway is the clear zone, then the next 5000’ is the APZ 1 followed by the next 7000’ representing the APZ 2 zone. He stated that historically 25% of accidents happen on the runway, 27.4% occur in the clear zone representing approximately 50 plus percent of mishaps. He then related that the accident potential drops to 10% in the APZ 1 zone and 5% in the APZ 2 zone. He reviewed accident compatibility, saying that no type of development is recommended in the clear zone, adding that residential, commercial and public development is not recommended for APZ 1, while industrial recreation and agricultural is permitted because of low density. He then noted that all types of development are acceptable for the APZ 2 zone. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. He presented a composite of the noise and accident potential zones offering an overview of the area recommended for deliberate and controlled development and the areas of potential development conflicts regarding existing developments. He stated that one of the recommendations would be to raise the threshold decibel level in the current ordinance from 75 to 65. He added that he believes current legislation provides for increased sound insulation in areas of 75 decibels, adding that their recommendation would be for 65 decibels. He then reviewed the approach/departure clearance surface, which he stated is primarily focused on vertical obstructions. He explained that navigation equipment could be compromised by vertical obstructions. He related that the pattern stretches off both ends of the runway and travels out approximately 10 miles and is approximately 3 miles wide. He stated that the farther from the runway the more acceptable the level of vertical obstruction. He related that anyone considering construction with significant vertical relief in those zones should contact the Base and speak to someone in the Civil Engineering before beginning construction. He concluded saying that the Air Force wants to ensure compatible land use development through continued communication regarding integrated development plans and flight operations. Mr. Lucien Gilliam stated that City Ordinance 1119 already has building construction provisions, which adopts that the current edition of the Southern Standard Building Code regarding sound insulation. He noted that the decibel level mentioned in that section of the Ordinance is 75 decibels, reiterating that they are recommending the amendment of 65 decibels for the clear zone, APZ 1 and APZ 2 zones. He pointed out that 65 decibels is the latest Air Force AICUZ recommendation and that the area referred to as the “racetrack”, as shown is recommended for inclusion into the noise contour overlay district. He clarified that the inclusion would only be for noise control, adding that it would not limit the number or size of houses that could be built in that inclusion. He then answered that it could be defined in the amendment ordinance as a “sound continuation zone”. He stated that when the original ordinance was adopted there were very few areas to cause concern over 65 decibels outside of the clear zone, APZ 1 and APZ 2. He then related that the Air Force looks closely at how local communities comply with the AICUZ recommendations. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. In response to a question from the audience, Lieutenant Col. Taylor answered that the number of flights that depart to the south are so low that it does not generate an average noise decibel level high enough to raise the standard. Mr. Gilliam explained that DNL is the Day/Night sound related average, explaining that sound carries more at night then it does in the day. He stated that the DNL is based on the number and time of flights. He noted that the Air Force has recommended a lower standard for greater protection regarding additional precautions for insulation mainly in attic areas. He then answered that the area of inclusion would only be the “racetrack” area depicted on the earlier slides, which would not be easy for a surveyor to write into a legal description for the ordinance. In discussion regarding the “racetrack” area, Mr. Ken Stocker noted that flight patterns and the number of flights have not changed substantially over the years, adding that the major difference is the addition of night operations and a slightly louder J-model aircraft. He stated that the best word to describe the situation could be encroachment, explaining that when Air Force Bases have concerns it becomes encroachment issues with incompatible development. He stated that it is prudent to have standards in place before there is development pressure. Commissioner Young questioned what developments are currently located in the inclusion area. City Engineer Whisker answered that the area is in the County, adding that he does not believe the Planning Commission had review of those developments. Mr. Stocker clarified that the development conflicts are considered single-family residential that are of a greater density than one house per acre, which is the only potential conflict. He added that there is no issue regarding incompatible uses. It was noted that the current ordinance already addresses types of incompatibility. Vice Chairman Stroud stated that a public hearing would be held to address amendments to the present ordinance. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT REVISIONS for the Base Meadows Addition PH I 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. Mr. David Jones of Marlar Engineering stated that he had one more revision to add to the plans. He explained that due to the Highway Department requirements regarding sight distance, the entrance on Hwy 107 was moved 137’ to the southwest. He then explained that after meeting with the Sewer Department, the developer has decided to create an improvement district and extend the gravity sewer from the Penn Pointe area to the proposed development. He stated that the Wastewater Department is working with the developer and the LRAFB to acquire easements necessary to cross Base property. Vice Chairman Stroud noted a necessary change in the bill of assurance regarding individually owned sewer. Mr. Jones stated that the bill of assurance would be changed to reflect the new revisions. City Engineer Whisker noted that the common property on the southwest corner is for a pump station that would enable the developer to sewer the entire area, adding that any approval should be followed by annexation into the City of Jacksonville. He then added the stipulation that no final plat be approved before the sewer is completely hooked up to the West Interceptor line being run to Penn Pointe. He noted that the West Interceptor line should be completed by March 2005 and that he would also request that prior to any further preliminary phases being accepted, the developer go before the Parks Commission regarding any desire to see a pocket park in the area, adding that he would also request sidewalk on lot 244. He related that the developer is seeking a waiver from constructing sidewalks on Hwy 107, adding that it is a City Ordinance to do so, but the developer is hoping to not do that since they are putting sewer in the area. Commissioner Dollar stated that she has concerns regarding the sidewalks along Hwy 107, adding that it is part of the urbanized area. She stated that sidewalks are not just constructed for the immediate concerns but for the next twenty years out, adding that she feels there will be sidewalks at some point. She stated that she believes the area is part of the arterial regional network, being roads that have been targeted for that type of improvement. She stated that she does not doubt that someone at the Highway Department quoted the 55-mile exclusion policy regarding sidewalks, but added that it would not be a written policy. She stated that there are regional design standards that have been incorporated by the City and Pulaski County that require sidewalks. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. Mr. Jones stated that Mr. David Barnett, Chief of Design for the Highway Department specifically told him that they do not put in sidewalks, curb, or gutter when the design speed is over 45 mph. He stated that Hwy 107 is designed for 55 mph, adding that the Highway Department would not permit them to put a sidewalk in their right-of-way. Commissioner Dollar stated that she understands that is the Highway Department’s position, adding that she would like a letter from the Highway Department that spells out that policy. Mr. Jones related that he requested a letter to that affect and was told that the Highway Department does not put that policy in writing. Commissioner Dollar acknowledged that, stating that is her point. Mr. Jones related that to be the design standards followed by the Highway Department and that they have no choice but to comply. He went on to say that the Highway Department would be the one to actually permit a sidewalk, adding that he was told that the developer would not be permitted to put in a sidewalk. He explained that the developer would not be able to construct the sidewalk without a permit. Commissioner Dollar related that she would like to go ahead, request the letter, and see if at some point the Highway Department might permit a sidewalk. She stated that although the Highway Department does many good things, quality of life in and around Jacksonville would not be their primary concern. She stated that she does feel that it is something that is within the purview of the Planning Commission to consider. In response to a question posed by Commissioner Young, City Engineer Whisker clarified that a sidewalk would need to be constructed at lot 244 at the entrance from Hwy 107. Mr. Jones agreed that the developer would construct the sidewalk along lot 244, adding that an upturned curb would be placed there to prevent bicycles from riding into the Hwy right-of-way. Commissioner Dollar mentioned a bridge and bike plan, adding that she was not sure if it extended to Hwy 107. City Engineer Whisker answered that he was not sure, adding that he believes that it is an un-written plan that goes up Hwy 107. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. In response to an observation by Vice Chairman Stroud, City Engineer Whisker confirmed that lot 8 and 9 is the common area designated for the pump station. He went on to explain that part of the area would need to be served by a pump station because of the ridge that runs through lots 3, 14, 23, 24, and 25. Mr. Jones agreed, saying that the ridge is basically a line from lot 244 through lot 25 and 26, adding that the west side of that line would be serviced by the pump station and the rest would be service gravity to the main line. In response to a question from Vice Chairman Stroud, Mr. Jones stated that access to the common property is established through a driveway that would come off from Hwy 107, the same that was proposed for the treatment plant site. He clarified that it is the same permit, adding that it has been moved closer to General Samuels, which made the Highway Department happier because it is in the transitional area. Vice Chairman Stroud offered opposition an opportunity to address the Commission. Mr. Marty Sanibel of Scenic Estates Subdivision stated that he would like to feel that the Planning Commission feels a responsibility to the existing property holders. He related that the proposal for 1400 square foot houses to his mind is a fancy term for a “trailer park”. He stated that property values are in jeopardy and that he feels the developer should be held to the same standard of 3,000 square feet. Mr. William Webb of 5006 Madison stated that the development would be adjacent to his back yard, expressing concerns for sewer and pointing out that the developer is planning a sewer improvement district because he is putting in a pump station instead of a sewer treatment plant. He stated that he would be taxed to put the sewer in the development without being consulted. Vice Chairman Stroud related that Mr. Webb would not be taxed regarding the sewer improvement district. Mr. Webb questioned that since the developer is creating a sewer improvement district in lieu of a treatment plant, would he be required to hookup to that line which would be approximately 150’ from his property. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. After conversing with City Attorney Bamburg, Vice Chairman Stroud stated that Mr. Webb would be required to hook on if his property is within 150’ of the main. City Engineer Whisker demonstrated those lots within the proposed subdivision that back up to the Jackson Heights Subdivision. Discussion ensued regarding the location of internal sewer lines and the location of the main. Mr. Jones clarified that the main would run through the Base property. It was related that only the property owners in the proposed subdivision would be assessed for the sewer improvement district unless other subdivisions agreed to be a part of the improvement district. Mr. Webb expressed concerns for being required to hook on to the sewer at his expense. Vice Chairman Stroud stated that as proposed, Jackson Heights would have to tie onto the sewer. Mr. Webb stated that he was not informed of the creation of an improvement district, which he feels would affect him and then questioned the approximate costs to hook to the main. City Engineer Whisker related that the Wastewater Department agreed to enter in agreement regarding the sewer, adding that the City Attorney would work out the details to the best interest of the City as well as the land development. Vice Chairman Stroud pointed out that Jackson Heights is the only area in the City that does not have sewer, adding that his feeling would be that the improvement of sewer would increase property values. Mr. Webb stated that decisions are being made without input from residents who live in Jackson Heights. He stated that he does not have a problem having a septic tank, but does have a problem with decisions being made that will cost him. He added that there are no cost estimates, saying that it would be a substantial burden. He questioned his recourse if he is not even consulted about being a part of the district. City Attorney Bamburg clarified that when the sewer improvement district is complete and passes inspection, his understanding is that the sewer lines will be transferred into the Jacksonville Wastewater Utility’s Collection System. He added that if the 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. lines run along the proposed street “Flight Court” that backs up to lots 61, 62, 63, 31, 32, 33, and 10 through 13 of Jackson Heights Addition that would put a main sewer line within 300’ of the aforementioned lots. He added that in such a circumstance the City ordinance, as it exists, would require those parties to tie onto the sewer main in order to provide service through the system. He noted that the City Council, not the Planning Commission, would be the body to amend the ordinance, but could do so by recommendation of the Planning Commission. Mr. Webb stated that he meets the criteria just described, questioning what the fee would be for him to hook onto the main. Commissioner Lester stated that when the line was extended to Bushwood Estates it cost him approximately $800.00, not including the pipe. Mr. Webb asked if his understanding, that he can be required to hook onto the sewer line but not be part of the improvement district is correct. City Attorney Bamburg stated that if the property of the district and the system is accepted by Jacksonville Wastewater Utility as part of their collection system, then the answer would be yes. Mr. Webb stated that if the City accepts that, what is his status. City Attorney Bamburg explained that the current ordinance provides that any structure within 300’ of a sewer main is to be connected to the system. Mr. Webb stated that he wanted to clarify that he could be forced to hook onto the sewer main if he is within 300’ but would not be part of the sewer improvement district. Vice Chairman Stroud concurred. He then pointed out that at the previous meeting there was discussion regarding letters of an improvement district that had received favorable response, which is part of the reason the Planning Commission has taken the present course with the proposed development. A twenty-five year resident of Adams Drive in the Jackson Heights Subdivision recommended that a hold be placed on the project until the property is annexed into the City, giving the Commission authority. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. Vice Chairman Stroud related that the Planning Commission has authority up to five miles outside City limits. Mr. Bob Kaiser of 703 Adams Drive stated that the Subdivision has experienced problems with the water pressure, expressing concern for adding 200 plus homes to the system. He questioned what is being done to upgrade the water system. City Engineer Whisker responded that the Water Commission has reviewed water pressure concerns for the area, explaining that the area runs on Central Arkansas Water pressure plain that is different from Jacksonville. He stated that Central Arkansas Water has a higher-pressure rate, but added that there are concerns that if the area is taken off Central Arkansas Water it may cause pressure problems. He stated that the Water Commission asked for an analysis regarding the 244 lots to determine if that would hinder pressure. Mr. Jones stated that there is a 1,000-gallon flow on the Central Arkansas Water side allowing for 65 PSI, adding that the Jacksonville Water side is 1,000-gallons with 42 PSI. He noted that both are well above the 20-PSI minimum requirement. Mr. Kaiser expressed further concerns for recent water pressure decrease. He then questioned the water run-off from the area. Vice Chairman Stroud noted that the only area of run-off concern would be the corner of lots 8 and 9, adding that the rest of the property is flowing away from Jackson Heights. In response to a question posed by Commissioner Young, Mr. Jones related that while the minimum square footage requirement is 1400, it is conceived that most of the homes would be more around 1500 to 1700 square feet. Commissioner Dollar supported the minimum requirement stating that there is a place in the market for smaller homes regarding young professionals and older couples without children at home. Mr. Jones stated that it is the feeling of the developer that most of the lots will be developed for people who work and serve on the LRAFB, as an alternative to Base housing. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. Vice Chairman Stroud commended the developer for his efforts in the bill of assurance, adding that he does not doubt that the subdivision will feature quality housing. He stated that he did have concerns for the 1400 square foot minimum, but added that with the restrictions outlined in the bill of assurance he feels that the development will be an upscale neighborhood. Discussion ensued regarding further corrections of the bill of assurance and Mr. Jones stated that he would correct the item. Vice Chairman Stroud noted that the Wastewater Department has approved the creation of an improvement district. Mr. David Jones expressed appreciation to the Planning Commission in working for a plan beneficial to both the developer and the City. He added that he is asking the Planning Commission to consider a waiver of the sidewalk requirement. In response to a question posed by Vice Chairman Stroud, Mr. Heslep stated that he would agree to annex into the City. Commissioner Young moved, seconded by Commissioner Dollar to approve the revised Preliminary Plat, stipulating revised notes on the plans, annexation into the City of Jacksonville, no Final Plat approval before the sewer is hooked up, that the plat to be reviewed by the Parks and Recreation Commission for a pocket park, that Lot 244 have a sidewalk extending to Hwy 107, and that sidewalks will be required on Hwy 107 unless a letter from the Highway Department states that sidewalks cannot be placed there. MOTION CARRIED. b. FINAL PLAT Dawkins Commercial Addition Lots 1F, 2F, & 3F Mr. Robert Brown of Development Consultants representing Dawkins Commercial Addition property owners stated that the improvement plans for streets, drainage, and utility have been completed and submitted to City Engineer Whisker along with cost estimates. He added that a cashier check for improvements has been submitted for deposit. City Engineer Whisker related that his only request would be that the three lots facing Main Street have centered driveway-shared access on the lot line. He then clarified that his recommendation would be for two entrances from Main Street along with one from Marshall Drive and one from Municipal Drive. He then agreed that accesses from the interior street of Dawkins Drive to the lots would be beneficial. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. City Engineer Whisker added that this development would solve the intersection issue at Main and Municipal regarding the straighten of Municipal Street. He then answered that the extension of Municipal Drive would require curb and gutter into the parking area with a curb cut across from Dawkins Drive into the parking area. Commissioner Young questioned if there would be a setback from the back of curb to Municipal Drive to establish a green area. City Engineer Whisker stated that there would be a 30’ easement providing a 3 to 9’ buffer with grass. Discussion ensued regarding landscaping commitments from existing commercial businesses. City Engineer Whisker related that the business owners did express they might want to join in landscaping efforts. Commissioner Young noted that the main issues would be the shared access from Main Street as well as an interior drive from Dawkins Drive into Lot 4F. In response to a question posed by Commissioner Young, City Engineer Whisker related that the sidewalk plan would extend parallel with Main Street. He then noted that there would be additional drainage concerns that would be addressed by the developer of Lot 3F. He then answered that the west side of Lot 3F would be finished with curb and gutter. He then answered that curb and gutter would be established throughout the development along with landscaping by the developers of the various lots. Mr. Brown related that the primary improvements would begin immediately; adding that the sidewalks would be established as the lots develop to ensure proper grades, adding that closed curb cuts would be part of each site development. Commissioner Young moved, seconded by Commissioner Keaton to approve the Final Plat of Dawkins Commercial Addition Lots 1F, 2F, & 3F stipulating shared center lot line access from Main Street. MOTION CARRIED. c. FINAL PLAT Clover Ridge Subdivision Tract “C” Mr. Tommy Bond related that the final plat has been reviewed by the Jacksonville Wastewater Commission and that he believes all issues have been resolved, adding that City Engineer Whisker may have one issue to address. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. City Engineer Whisker related that he has requested sidewalks be established on Cloverdale Road since it leads to Homer Adkins School along with curb and gutter. He then noted that the Wastewater Department has agreed to construct sidewalks regarding their lots, adding that he would require lots 1-7 to also construct sidewalks. He added that the area would need curb and gutter. In response to a question posed by Vice Chairman Stroud, Mr. Bond related that the lot lines reflect the established homes of the Subdivision. Mr. Tommy Dupree related that all properties within the Subdivision have been sold, adding that he is not sure if the property owners can afford to construct sidewalks. He added that when the Subdivision was originally presented there was not a requirement for sidewalks or curb. He noted that it would be an appropriate project for the CDBG Department. In response to a question posed by Commissioner Dollar, Mr. Dupree answered that the estimated cost of sidewalks is $250.00 per square foot. City Engineer Whisker noted that as a collector street, a 5’ sidewalk would be required. In response to a question posed by Vice Chairman Stroud, Mr. Dupree stated that ownership of lots 1-7 is in the name of the Estate. He added that those lots were sold individually on contract a long time ago. He then agreed with Vice Chairman Stroud’s observation that the individuals may qualify for CDBG grant funding. City Engineer Whisker related that it would cost approximately $12,000.00 to establish sidewalks for the seven lots. City Attorney Bamburg clarified that the area could only qualify for CDBG funding if it is identified as a low to moderate-income area. Commissioner Dollar then moved to approve the Final Plat of the Clover Ridge Subdivision Tract “C” with the inclusion of sidewalks as specified. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. Commissioner Dollar added that while she is sympathetic to any hardship regarding the establishment of sidewalks, she also feels there is a need for sidewalks in the area as well as being a current development requirement. Commissioner Young noted that it is not the general practice of the Planning Commission to waive sidewalk requirements, adding that he also is sympathetic to the plight of the residents. Commissioner Lester noted that the property was originally approved under a different set of requirements. Vice Chairman Stroud asked for a second to the motion before further discussion. Commissioner Keaton seconded the motion. Vice Chairman Stroud noted that many regulations have changed since the item had been approved. Commissioner Lester questioned if consistency is being observed, offering that sidewalks were not always required given earlier developments. It was noted that the City Council has overturned one sidewalk waiver from the Planning Commission, which resulted in a court case. In response to a question posed by Commissioner Traylor, Mr. Bond related that there is over 400’ from lot 7 to Hwy 161 and over half a mile from lot 1 to Homer Adkins Elementary School. City Engineer Whisker then answered that sidewalks would be established from lot 7 and lot 1 to both Hwy 161 and Homer Adkins Elementary School. He then noted that the City established sidewalks along Madden Road, which had not developed with sidewalks because it was between two schools. He noted the importance of sidewalks especially in areas without curb in gutter, noting that it forces pedestrians to walk in the street. Commissioner Lester stated that he did not feel comfortable placing a financial burden on residents not able to construct sidewalks. Commissioner Dollar asked that the Planning Commission research if money would be available to those residents through CDBG. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. City Attorney Bamburg clarified that while grant money may be available for individual property owners, right now, the property is held in the name of the Estate and it would be his guess that the Estate would not qualify for CDBG funds. He went on to say that if the geographic area is identified as a low to moderate income area under HUD standards, then funds could be available. He then added that he is not aware of what funds the Director of CDBG has designated for that type of expenditure. Commissioner Dollar reaffirmed support of her earlier motion. Discussion ensued regarding circumstances surrounding the Collenwood Subdivision where the Planning Commission had declined to have the developer establish sidewalks in Phase II, since Phase I was not required to have sidewalks prior to the requirement being established as part of the development Code and the subsequent court litigation. Vice Chairman Stroud restated the motion to approve the final plat with sidewalks. ROLL CALL: Commissioners Dollar, Young, and Keaton voted AYE. Commissioners Lester and Traylor voted NAY. MOTION CARRIED. d. FINAL PLAT Eastview Addition PH VI Lots 9 – 14 Mr. Tommy Bond related that the Subdivision was started approximately twenty years ago, adding that recently the street has been paved and the sidewalk constructed. He added that the utilities were accepted in 1994. Commissioner Lester moved, seconded by Commissioner Dollar to approve the Final Plat of the Eastview Addition PH VI Lots 9-14. MOTION CARRIED. e. REPLAT Part of Tract “A” West Jacksonville Subdivision No. 1 Mr. Tommy Bond related that the property is Walgreens on Main Street. He added that this was the last step before being issued a certificate of occupancy. He related that the project is completed including the storm drainage and that the landscaping has been established. City Engineer Whisker noted that the sidewalks with handicap ramps have been constructed and completed. Commissioner Young moved, seconded by Commissioner Keaton to approve the Replat of Tract “A” West Jacksonville Subdivision No. 1. MOTION CARRIED. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. – 8:40 P.M. GENERAL: Commissioner Dollar announced that Metroplan is performing a major update of the Regional Transportation Plan and th will be hosting a workshop Wednesday October 27 around 12:00 p.m. at the Jacksonville Community Center. ADJOURNMENT: Without objection, Vice Chairman Stroud adjourned the meeting at approximately 8:40 p.m. Respectfully submitted, _________________________ Susan L. Davitt 16