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05 FEB 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on February 14, 2005. Chairman Stroud led a standing audience in the “Pledge of Allegiance” to the flag and Commissioner Gray delivered the invocation. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Susan Dollar, Bart Gray, Jr., Glen Keaton, and Mike Traylor answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT (0). Commissioner McCleary was absent. Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Tommy Dupree, Alderman Stroud, Daniel Gray, and the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Gray moved, seconded by Commissioner Traylor that the minutes of the 10 January 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): Chairman Stroud explained that the public hearings for items A & B would be opened together but no formal action would be taken due to the number of Commissioners present to act. Commissioner Gray recused himself. a. Rezoning on Stanphill Road of 3.32 acres from R-3 to R-2 and b. Rezoning 15.39 acres adjacent to Growing Pines Subdivision from R-3 to R-1 Chairman Stroud opened the public hearing at approximately 7:10 p.m. Mr. Duane Reel stated that he is representative for petitioner Burton and Gray Developers. He stated that the proposed development is for single-family residences on a major portion of the property adjacent to the Growing Pines Subdivision and a smaller tract that faces Stanphil Road is proposed for duplexes. No opposition presented. Chairman Stroud closed the public hearing at approximately 7:12 p.m. with the consensus that the public hearings would continue at the next regularly scheduled Planning Commission meeting. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. c. Rezoning at 236 Pearl Street from R-1 to C-1 Chairman Stroud opened the public hearing at approximately 7:13 p.m. Jacksonville Baptist Temple Pastor Ted Patterson of 520 Marshall Road stated that the Church owns the building at 236 Pearl Street. He explained that Pearl Street was the previous location of the Church from 1994 through 2000. He related that the Church is selling the property and the proposed buyer wants the property rezoned to commercial to facilitate being able to obtain permits that would transfer with the property. No opposition was presented. Chairman Stroud closed the public hearing at approximately 7:14 p.m. City Engineer Whisker noted that the rezoning request is in conflict with the Land Use Map, which shows the property as residential. He noted that there is a small section of property at the end of Pearl Street that is commercial. Commissioner Dollar suggested that the request may be better suited for a conditional use instead of rezoning. Mr. John Stevenson, a member of the Church of Christ, related that the buyer, Church of Christ, is requesting to use the property as their Church. He added that the Church of Christ is currently renting space at Ruther Hall on Main Street and that the Church would like to have the property on Pearl Street rezoned to C-1 in order to prevent future problems using the property as a Church. Discussion ensued and City Engineer Whisker clarified that the conditional use granted to the Jacksonville Baptist Temple does not automatically transfer to the Church of Christ. He stated that his recommendation would be a conditional use for the Church of Christ. Commissioner Dollar stated that she did not object to the property being used as a church but did not want to see the property rezoned and left open for other uses in the future. City Engineer Whisker offered that when posting the property, several neighbors questioned the rezoning but did not object to the property being continued as a church. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. Commissioner Gray noted that a rezoning would remain with the property, noting that the intent of the new owners is the same as the previous use. He stated that rezoning would not generally be the process to solve this situation, adding that a conditional use would better address the request. He stated that it would be “over kill” to rezone the property to commercial, which would forever change the property to commercial and open it to every use listed in C-1, which could impact the future of the residential neighborhood. He stated that it would be difficult for him to support a rezoning of the property, adding that a conditional use as a church would be well within reason. Chairman Stroud concurred that a rezoning would be a move away from the Comprehensive Development Plan, pointing out that Policy states: “To provide zoning is to provide protection against preventing encroachments in order to create a climate of confidence and certainty in the minds of the homeowners about the continuation of a residential neighborhood; in order to track private investment necessary for maintaining individual residential property.” He concurred that a conditional use would be the best approach for the property. Pastor Patterson asked for a point of clarification, questioning if a conditional use could be granted to a potential buyer through the owner making that request. Chairman Stroud stated that the buyer would need to make the request, City Engineer Whisker concurred, adding that it would have to be a joint buyer/seller application. Commissioner Dollar moved, seconded by Commissioner Traylor to deny the request to rezone the property located at 236 Pearl Street from R-1 to C-1 with the understanding that the Commission would be receptive to a conditional use request. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Stanphill Duplex Addition and b. SKETCH PLAT Growing Pines Subdivision PH II Chairman Stroud noted that items A & B would be postponed until the rezoning of said properties were addressed. c. FINAL PLAT Northlake PH X-A Representative Mr. Tommy Bond noted that five lots were originally submitted for final plat, but there are issues regarding the interior lot. He clarified that the waterline has not been extended to that lot, adding that the developer would like to exclude that lot from the final plat. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. It was noted that lot 390 would be removed from the final plat and lots 375, 391, 392 and 393 would be submitted for final plat. City Engineer Whisker stated that the Water Department has issues regarding Northlake PH IX, which is adjacent to Northlake PH X. He clarified that there are fees the Water Department is unsure of and wanted to meet with the developer. He stated that approval would need to be contingent on approval from the Water Department. He then answered that there are no issues regarding the Wastewater Department. Developer Mr. Tommy Dupree clarified that when Comcast Cable performed some boring to install the cable, they destroyed one of the double-metered lots. He continued that City Engineer Whisker and Comcast visited the site and Comcast has paid for that part of the repairs. He added that Comcast also tore into a 24” water drainage pipe and as of last week, Comcast has replaced the pipe, which was left uncovered. He then added that during boring Comcast got close to or up against the waterline, which affected the tracer wire and its connection on approximately 60’ of pipe. He related that City Engineer Whisker, the Water Department and himself are in the process of solving that issue. He stated that he had posted a bond for PH IX, which includes the PH X lots and does not see this as a big problem. Mr. Bond added that the meter is actually in PH IX. Mr. Dupree clarified that Comcast has repaired the meter and the wire is the only issue left. City Engineer Whisker requested that a bond be posted for the sidewalks in PH X-A. It was noted that all lots being considered in the revised final plat (lots 375, 391, 392 & 393) have the unresolved issue regarding the tracer wire and that the repaired meter is located at lots 370 & 371, which is not part of present considerations. Commissioner Gray moved, seconded by Commissioner Dollar to accept the Final Plat of lots 375, 391, 392 & 393 as Northlake PH X-A subject to proper bonding for the sidewalks and the resolution of the issue regarding the water tracer wire. City Engineer Whisker noted an additional bonding issue for the Water Department. He explained that the Water Department requires a 50% bond regarding the amount of water improvements 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. made, adding that because of the way Northlake has been preliminarily platted and the way it is not being final platted, the Water Department is having difficulty tracking what has been bonded and what has not. He stated that the Water Department wants to review with Mr. Dupree to clarify bonding issues. In response to a question posed by Commissioner Gray, City Engineer Whisker answered that water is installed to the lots being final platted, but there is no sign-off from the Water Department because of issues regarding the tracer wire problem. Commissioner Gray moved, seconded by Commissioner Dollar to amend the previous motion to accept the Final Plat of lots 375, 391, 392 & 393 as Northlake PH X-A subject to proper bonding for the sidewalks and approval from the Water Department. MOTION CARRIED. d. SKETCH PLAT Cargile Property/Trickey Lane (later known as Hidden Oaks) Representative Mr. Tommy Bond related that the property is a small parcel of land off Trickey Lane, adding that the owner is proposing a 25-lot subdivision. He related that the Water Department has expressed interest in acquiring a portion of the property for an elevated water tank, adding that the owner is proposing to donate two back corner lots based on 1) that the waterline constructed to the tank also serve the development and 2) that the Water Department participate in the construction of the road to the tank. He stated that sewer surrounds the property, adding that the developer is proposing 65’ lots with 1200 square foot houses. City Engineer Whisker stated that he is aware the Water Department has been searching for a tank site in the area and has considered the entire 7-acres. He stated that he is not sure it is a good idea to approve a sketch plat on property that the Water Department is considering locating a water tank on. He then related that the proposed entrance to the property should line up with Bailey Street, pointing out that it is being proposed to offset approximately 50’. He stated that his third issue would be egress into the existing part communally known as Chain Link Drive, explaining that there is an existing 20’ wide easement and the road is 10’ with side bar ditches that lead beside the proposed development, which then dead ends. Mr. Bond noted that the road has two 90-degree bends. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. City Engineer Whisker related that the Fire Marshall has concerns with access to the area. He then related that in speaking with Water Department personnel, it is his understanding that the Water Department would like to have the water tank closer to the road. He explained that the service from Central Arkansas Water comes up the railroad to Trickey Lane and that it is proposed to branch from there and lead over to the Ray Road tank. Concerns were clarified to be two main issues with the Water Department regarding approval of a development in an area that the Water Department is interested in and that the Water Department would like to place their tank closer to the street. Secondly, it was related that the entrance should be lined up with Bailey Street and lastly issues with the existing drive regarding how to better connect the end of the existing road back into the new proposed road. In response to a question from Commissioner Gray, Mr. Bond answered that to his knowledge, the Water Department has not made an affirmative request of the owner and there has not been any legal action toward obtaining the property for a water tank. Mr. Bond then offered that a letter was forwarded to the Chairman of the Water Commission two weeks ago, making the offer previously stated regarding a 200 square foot site at the rear of the property. He added that there has been no response from the Water Commission. He stated that he is aware of this being an immediate need of the Water Department, noting that there are two or three other sites in the area within 1000 feet of this site. Discussion ensued regarding negotiations by the Water Department involving various properties desired by the Water Department, which have not come to fruition. Mr. Bond agreed with Commissioner Gray’s assessment that a sketch plat only grants general authority to begin work on detailed plans, and pointed out that he feels the Water Department had an opportunity to purchase the property or at least do as his client has done and put up earnest money regarding their interest. Commissioner Gray pointed out that there were several issues raised with the sketch plat, questioning if there would be any reason that the plat could not be drawn to meet the needs of the developer and the overviews mentioned by City Engineer Whisker. Mr. Bond began to relate concerns regarding the water tank being located next to the road. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. Commissioner Gray asked Mr. Bond to comment on design concerns regarding issues of the entrance and the easement. Mr. Bond related that redesign of the entrance presents a problem, explaining that there is a limited 200’ of frontage and that to shift the road over to line up with Bailey would eliminate two lots. He pointed out that even if the rules call for the streets to line up, the two streets in question are not major streets and conflicting moves would be insignificant. Commissioner Gray questioned issues regarding the access easement of the existing road. Mr. Bond responded that the proposed improvements is so much better than what they currently have, adding that he does not see that the developer has a great obligation to the property owners who purchased their property with a 20’ wide access easement. He noted that the proposed improvements would provide access by the Fire Department equipment. Chairman Stroud noted that during a request to rezone the property to R-2 last year, the residents expressed their desire not have duplexes located on the property. He then noted that R- 1 would meet the earlier desires expressed by the neighborhood. Mr. Bond noted that the purchase of the property is contingent on the developer being able to develop 25 lots and his negotiations with the Water Department. In response to a question posed by Commissioner Dollar, City Engineer Whisker stated that while it is true the proposed plan will improve the entrance, because the easement is on the property to be purchased, the developer should be held responsible to upgrade accordingly. He related that the Water Commission has not had an opportunity to meet since Mr. Bond’s rd letter was sent and that the Commission will meet on the 23. Commissioner Dollar expressed concern regarding the outstanding issues and a vote from the Planning Commission. Discussion then ensued regarding the ramifications of the property being developed if the proposed street is required to line up with Bailey Street. It was noted that several development schemes have been considered for the property. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. Discussion resumed regarding the Water Department’s interest in the property as a tank site according to their plan to obtain water from Central Arkansas Water. City Engineer Whisker related that this tank site is one of four sites for the Central Arkansas Water waterline to feed the south end of Jacksonville. In response to a question posed by Commissioner Keaton, Mr. Bond replied that the Water Department has the right of eminent domain. Mr. Skiver stated that he is willing to work with the Water Department, but added that if the tank site is placed at the front of the property he would loose 4 lots and jeopardize the placement of the street. City Engineer Whisker pointed out that while the Water Department has the right of eminent domain, he would not like to see the property improved, causing a higher fair market value then if left unplatted. In response to a question posed by Chairman Stroud, Mr. Bond related that Lot 4 does not currently meet lot requirement, adding that since the sketch plat drawing a boundary survey was completed and further detail has not yet been worked out. He then answered Chairman Stroud that the developer’s willingness to proceed with the development after lots are sacrificed for the tank site and street placement would depend on negotiations with the Water Department regarding the Water Department’s willingness to help with certain improvements in development of the property. Commissioner Gray noted that the approval of a sketch plat would only be approval of the general layout, adding that he does not foresee the location of the entrance street as being a major concern and that any proposal for the easement street could only improve access to the property. Commissioner Gray moved, seconded by Commissioner Keaton to approve the sketch plat as presented with further considerations to be worked out during the preliminary plat stage. Chairman Stroud noted that the sketch plat is where input from the Commission is offered to the developer for consideration. He stated that the developer is aware that some lots may be cut from the development given concerns discussed. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. At this time MOTION CARRIED, with Commissioner Traylor voting NAY and Chairman Stroud voting AYE. e. PRELIMINARY PLAT Foxwood Estates Mr. Bond related that there has not been much change from the sketch plat. He explained that most of the lots are in excess of five acres, and that there is a commercial tract to the front of the property that would probably be platted before the development is completed. He related that the developer is proposing to build a curb and gutter street approximately 1,050’ into the development gate and from that point forward there would be an asphalt road as previously discussed. He stated that all lots within the development would be in an improvement district, which would maintain everything in the development excluding the water. He added that access would be provided through a code or key as with other gated communities. He related that the asphalt road would be 20’ wide with gravel shoulders, adding that there would be two or three areas with an open ditch. He noted that the road would be built on elevated fill between 8 and 12” above the natural ground. He then explained that the water would run along the base of the fill, and there would only be an open ditch from the gate running 600’ on one side of the road. City Engineer Whisker stated that because the road is 20’ with 4’ shoulders, a sidewalk from the gate to the back of the development is necessary. He added that the commercial area, to be platted separately, runs from lot 1 to the south and west. Mr. Bond stated that the only development consideration he could envision for that tract might be mini-warehouses. In response to a request from Chairman Stroud, Mr. Bond stated that as a private community he does not feel sidewalks are necessary. He added that as private property, public walking is not encouraged and that one potential buyer has expressed not wanting sidewalks on his property. Mr. Bond then answered that the curb and gutter portion of the street would be public and that there would be a turn-around at the gate. He added that the development would need to have Fire and Police protection, but pointed out that as an improvement district, taxes are levied and collected by the County for maintenance. He stated that maintenance issues would clearly be spelled out in the bill of assurance and improvement district. He added that the improvement district would be taking on full responsibly for the sewer system, which is proposed to be grinder pumps as opposed to a gravity sewer system. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. In response to a question from Commissioner Gray, City Engineer Whisker stated that normal development requirements are curb and gutter, 27’ back of curb streets with a sidewalk on one side. He stated that when the sketch plat was presented several months ago the concept of a rural type setting in the City was accepted. Commissioner Dollar stated that considering the lot size she does not have a problem waiving the requirement for sidewalks. Mr. Bond related that he had viewed the same development concept in Chenal that only featured a 12’ asphalt-winding road with sculptures on the side of the road. He noted that the development hosted multi-million dollar homes and that there are buyers for a rural type setting without sidewalks, curb and gutter. In response to a comment from Commissioner Dollar, Mr. Bond stated that if the homeowners every wanted sidewalks, the improvement district would be the tool to achieve that. City Engineer Whisker noted that the Subdivision would be located at the City limit boundary and defines the flood plain, which would prevent future adjacent development. Commissioner Keaton moved, seconded by Commissioner Traylor to approve the Preliminary Plat of Foxwood Estates. MOTION CARRIED. City Clerk Davitt clarified that the sketch plat for the Cargile property did not pass, adding that for an item to pass it would need five AYE votes and the item only received four. f. REPLAT of Lots 1-15 Oakview Subdivision to Lots 1R & 2R, Blk. 1 Oakview Subdivision Representative Jack Fleming of Marlar Engineering stated that the request is to replat a lot and subdivide a smaller lot that would be used for the construction of a new NAPA Auto Parts store. City Engineer Whisker noted that the property consists of 15 lots, adding that the developer is proposing to section off the southern end of the property to construct a NAPA Auto Parts Store. He related that water is on the property but the sewer Department has stated that lot 2R would need to be sewered across the front of lot 1R. He added that the City is requesting sidewalks across lots 1R and 2R and then clarified that sewer is located at the north end of James Street and would need to go south on James Street in order to reach lot 2R. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. Mr. Bob Williams of the Wastewater Department stated that the property has been sewered, explaining that there is a manhole on the Church property and a stub-out to the property. He stated that as long as the property was one tract owned by one owner, that sewer was fine, but as two separate tracts, the sewer stops on the first lot. He stated that the sewer will have to be extended to the second lot and a manhole poured to serve the lot and an easement dedicated across lot 1R. City Engineer Whisker stated that the City’s recommendation is to have sidewalks along James Street and John Harden. It was clarified that the 3.2-acre tract is being replatted to two lots instead of the previous 15 lots. Commissioner Gray stated that his concern would be traffic, access and easements for vehicles coming on and off John Harden and James Street. City Engineer Whisker pointed out that the ingress and egress is from one spot on James Street and one on John Harden. Chairman Stroud noted that the development scheme of the auto parts store features a good amount of green space. City Engineer Whisker concurred, noting a 6’ buffer along the front edge with several islands, adding that the addition of building landscaping was a comment he had forwarded back to the developer. He noted that if the replat is approved the building plans would not come back through the Planning Commission as long as they met all required setbacks. Commissioner Gray commented that there appears to be a portion of land not developed on the east side of the tract, clarifying that the store faces James Street with a large tract to the east side. Discussion ensued regarding the internal streets and the existing easements. Mr. Fleming stated that the proposal features internal easements for internal access drives, not proposed as public streets. Commissioner Gray voiced concern regarding the potential use of the remaining property, stating that it appears that the two lots should be subdivided into three lots. He added that the property line should follow more closely to the way the street is drawn. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. City Engineer Whisker agreed, adding that if the owner decides to add a third lot he would have to replat lot 2R into 2 lots. Mr. Fleming related that the whole point was to provide NAPA Auto Parts their lot so they could build, adding that the remainder could be subdivided later if someone became interested in the property. City Engineer Whisker stated that having the access easement allows access for any properties to go in. Commissioner Gray related that his next concern is the entrance from James Street, explaining that access to the second lot is gained through entering someone else’s property. Mr. Mathew Kazsanski with Planners & Engineers Collaborative from Georgia stated that he believes what is being referred to is the access easement proposed on the replat, adding that it actually remains in between the two lots and would grant access to NAPA and any other future structure. He noted that the proposed plan also provides for speed bumps and traffic slowing devices so that it is not just a direct access to another road. Commissioner Gray mentioned that he felt the lot would have been better drawn to curve and conform to the access easement. Mr. Fleming related that there is a side road from Hwy 67/167, because the Highway Department requires it to be so many feet from that exit. Commissioner Traylor noted that there would not be a direct entrance into Lot 1 off of John Harden and City Engineer Whisker clarified that traffic would have to come in through the access off John Harden and turn onto the lot. Mr. Kazsanski noted that the access easement would allow access to any other parcel that would ever be built, adding that there would not be a need for another access on this property to John Harden. Chairman Stroud clarified that the replat would use access off Lot 2R for Lot 1R. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. Mr. Kazsanski clarified that the Subdivision is being replatted into two lots to provide NAPA Auto Parts a place to build, he added that the way the easements are configured is to meet the requirements of the State Highway Department, so that there would not be a drive into NAPA Auto Parts from where the access is on the Interstate Highway. He explained that the property owner is allowing an access easement across lot 2R to be able to get NAPA Auto Parts an access into their property off John Harden and off James Street. He stated that to be the only reason the access easements are configured as such and added that if in the future someone wants to use lot 2R then it could be further subdivided into something that would configure to what another may want. Chairman Stroud stated it is his understanding that Commissioner Gray’s question was why lot 1R was not expanded to include the access road off John Harden. Commissioner Gray pointed out that the plat is showing a 40’ access easement all the way onto the northern part of the property, adding that he is not certain why it needs to be there. Mr. Fleming answered that the simple answer is that NAPA does not want to pay for property it is not going to use when an access easement can be granted, which is a general condition that is often done on commercial sites. Commissioner Gray question why the 40’ access easement goes all the way around, when a entrance access easement would more represent what is trying to be accomplished. Mr. Fleming replied that this is an access easement/driveway easement that is for the entire property. Commissioner Gray commented that the plat shows a complete through access from James Street to John Harden, which appears to be a future development that will circle behind the new store. City Engineer Whisker reiterated and Commissioner Gray concurred that that the part directly east of the NAPA Store in between the circle easement is going to present itself for development when in fact it is too small for any commercial business plus parking and he is tying to avoid that situation now. He stated that the plat is giving space to something that is going to ask for a variety of waivers and not have proper parking. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. Mr. Fleming stated that he could understand Commissioner Gray’s concern but added that he feels it goes back to the original issue of replatting 15 lots into 2 lots. Chairman Stroud stated that the two lots would be fine but an undeveloped lot with potential future problems is being utilized, which is what the Commission is trying to avoid. Mr. Rotzel presented the Commission with an alternative drawing that does not show the access easement on the north side of NAPA, but just an access easement on the south side. City Engineer Whisker noted that the alternative would only provide access off John Harden. Commissioner Gray stated that to be exactly what he is suggesting. Chairman Stroud asked that the record reflect that Mr. Rotzel brought a secondary proposal taking the north loop out, eliminating the intrusive access onto Lot 2R. Commissioner Gray moved, seconded by Commissioner Dollar to approve the replat based on the secondary proposal, eliminating the 40’ access easement around the north side of the property and stipulating the new construction of sidewalks on James Street and John Harden Drive. MOTION CARRIED. g. PRELIMINARY & FINAL PLAT CMC Industrial Subdivision City Engineer Whisker stated that the City of Jacksonville is selling 8.57 acres, which would be a 900’ southerly continuation of Swift Drive to the back fence line known as the “old Vertac property”. He stated that the tract is approximately 457’ deep and 900’ wide and will contain a new industrial business partner for the City of Jacksonville. He stated that water is on the east side of the property and sewer can be provided from a grinder pump station into a manhole located on Swift Drive. He related that the City proposes to help rebuild the street with curb and gutter, and sidewalks along the south side of the street. In response to a question posed by Commissioner Gray, City Engineer Whisker stated that the City hopes to sell the tract before street improvements because it is over 5 acres. He noted that the property does have access at the end of Swift Drive. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. Discussion ensued regarding the location of the water tower and it was determined that the tower is in the north west corner behind the barbershop. City Engineer Whisker related that the property is on the south side of Swift Drive and the water tower is on the north side. He then answered that the property on the north side is owned by the City and is vacant industrial land that the City hopes to attract industry. It was noted that the property to the west of Swift Drive has common ownership and that none of the proposed property is located on or affected by Vertac. Commissioner Dollar moved, seconded by Commissioner Keaton to approve the Preliminary & Final Plat of the CMC Subdivision including improvement requirements of sidewalks, curb and gutter, water and sewer. MOTION CARRIED. h. PRELIMINARY & FINAL PLAT Hite Industrial Subdivision 2300 General Samuels City Engineer Whisker stated that the property is a 2-acre lot located on General Samuels to the AP&L right-of-way with the Air Force Base on the backside of the right-of-way. He related that sewer is on the property and water is on the opposite side of General Samuels. He stated that the City would build a sidewalk on the north side of General Samuels, adding that as with most industrial properties along General Samuels the City is not offering to build curb and gutter. Commissioner Gray questioned the practicality of sidewalks in an industrial zone. City Engineer Whisker related that the consensus he has received is that a sidewalk is needed, adding that a sidewalk has already been promised to an area to the east when the developer finishes development of the property. He then answered that the City would fill in the gaps with 5’ sidewalks along General Samuels. Commissioner Dollar moved, seconded by Commissioner Keaton to approve the Preliminary and Final Plat of the Hite Subdivision, granting a waiver from the requirement of curb & gutter. MOTION CARRIED. BUILDING PERMIT(S): 705 South First Street Petitioner Kathy Fuller stated that as owner of the service station at 705 South First Street, she is requesting a building permit to expand. She related plans for a larger building with new pumps, tanks and improved aesthetics. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. City Engineer Whisker related that the Fire Marshall needs to review the plans and that he would also need a landscape plan. He noted that even with counting the pump spots as parking spaces they are still short one parking space. He then added that he would need an erosion control plan and drainage allowances on the property with a ditch in the back and the way the property drains. He stated that he would need elevations for how the water runs on both sides and back of the property. He related that the property is located in the curb of Hwy 161 directly across from Stone Street, that is directly across from Vaughn tire and there is a ditch on the back side as well as the front side, adding that these waters meet then try and go into the island by Whit Davis where all this ends up. Chairman Stroud clarified with City Engineer Whisker that a larger area of asphalt would be added to the site, which would affect water runoff with less area to soak into the ground. He then mentioned his concern that it may be difficult to design a landscaping plan that would satisfy the landscaping ordinance requirements. He stated that he has some reservations about granting a building permit without knowing what the landscaping plan is. In response to a question posed by Commissioner Gray, City Engineer Whisker related that landscaping requirements include a 6’ buffer around the edge, more than 15 parking spaces require a 6% internal landscaping and 4’ building landscaping around the front by the circumference of the building. He then answered that he feels the developer can meet landscaping criteria because the property is so wide in the front. He noted that the hardest part would be the pumping area in front for internal parking. He then offered that a large green area that comes in around the front to divide the two lots could count as internal parking buffer could meet the requirements. He stated that some parking could be provided to the side or rear to meet parking requirements. Chairman Stroud supported enforcement of the landscaping ordinance as part of past efforts of the Commission and former Commissioner Chad Young. Mrs. Fuller questioned the sidewalk requirement, stating that with all the asphalt and one little green area, a sidewalk would dead end at the underpass. She pointed out that there is an existing sidewalk on the Whit Davis side. 16 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. – 8:55 P.M. City Engineer Whisker stated that the City has sidewalks on both sides of the street for arterial streets especially in areas of heavy traffic. He noted that a sidewalk on that side of the street would carry pedestrian traffic to Sandlewood Drive. In response to a question from Commissioner Gray, City Engineer Whisker related that the sidewalk requirement would be a 5’ sidewalk, adding that there is a 4’ sidewalk requirement for local streets and 5’ for collector and above. Commissioner Dollar moved, seconded by Commissioner Gray to approve the building permit for 705 South First Street contingent that plans meet the requirements of the landscaping ordinance and that the developer will submit an erosion plan and work with City Engineer Whisker to resolve any drainage issues and approval from the Fire Marshall. MOTION CARRIED. CLARIFICATION FROM CHAIRMAN: Chairman Stroud related that he has received a request from the petitioner regarding the earlier rezoning request of 236 Pearl Street, asking that the Commission consider a change of request to a conditional use. He instructed the petitioner that a change of request would have to be resubmitted for advertising and posting considerations according to State Statute. Mrs. Rolanda Robinson asked that the Commission consider the request and grant a conditional use contingent that after proper advertisement a five-day allowance for opposition, since there was no opposition to the earlier rezoning request from the neighborhood. Chairman Stroud reiterated that considerations according to State Statute must be followed. GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:55 p.m. Respectfully submitted, _________________________ Susan L. Davitt 17