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05 NOV 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on November 14, 2005. ROLL CALL: Commissioners Bart Gray Jr., Glen Keaton, Kevin McCleary, Mike Traylor, and John Herbold answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (3). Commissioner Dollar, Knight and Evans were absent. Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Larry Dupree, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner McCleary that the minutes of the 10 October 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL MIXED USE of 1000 Burman Drive Chairman Stroud opened the public hearing at approximately 7:15 p.m. Petitioner Mr. Otis Stewart stated that he understood that the City Council was encouraging mixed used in the area where his business is located. He explained that he would like to convert an office within his business to an apartment. He related that the Fire Marshal has inspected the building and provided a list of safety issues that he intends to address. He noted that the outside of the building would not change. City Engineer Whisker confirmed that the business was reviewed by the Fire Marshal with recommendations and that the building is in the designated area provided for mixed-use. Chairman Stroud closed the public hearing at approximately 7:17 p.m. Commissioner Gray moved, seconded by Herbold to approve the conditional mixed-use request at 1000 Burman Drive. MOTION CARRIED. b. Waiver of landscaping requirements at 213 Redmond Road Chairman Stroud opened the public hearing at approximately 7:17 p.m. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. Petitioner Mr. Preston Robinson stated that the property is part of a brown field cleanup site, explaining that he would like to incorporate the property into an adjacent existing mini warehouse business he owns. He related that this property is lot 9 and the three adjacent lots to the west consist of the mini warehouse business. He explained plans to move the entrance gate to the east. City Engineer Whisker stated that Mr. Robinson’s plans are to develop lot 9 with asphalt to the front of the lot, as is the case with the adjacent lots. He then clarified that lot 9 is legally described separately from the three adjacent lots and as such is subject to the regulations of the landscaping ordinance. He then explained that the rule of exemption is if the amount of improvements is less than 50% of the value of the property as determined by the Pulaski County tax assessor. Mr. Robinson answered that he is requesting a waiver from the landscaping requirements for lot 9 only. In response to a question posed by Commissioner Gray, City Engineer Whisker explained that landscaping requirements for industrial zoned property basically addresses the front of the property, noting that generally in industrial zoned property the majority of parking is to the rear of the establishment. He stated that most of the landscaping involves the front 6’ and 25’ of the side up to any fenced areas. Mr. Robinson noted that the side fence would not allow for any type of landscaping. In response to a question posed by Commissioner Herbold, Mr. Robinson related that as part of the brown field requirements the current building on the property would have to be removed, adding that his plans are for new construction. In response to a question posed by Chairman Stroud, Mr. Robinson stated that landscaping would be totally out of character regarding the surrounding construction, explaining that there are no other properties on South Redmond Road currently that have landscaping. He continued that as a mini storage the only utility to the property would be electricity, adding that there is no water, sewer or gas. He pointed out that water would be needed for any type of landscaping. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. Chairman Stroud raised the issue of future development and the possibility of landscaping becoming a common feature for the area. Mr. Robinson stated that he does not see landscaped areas as fitting into the area with the existing structures. In response to a question from Chairman Stroud, Mr. Robinson explained issues regarding large trucks using part of the concreted area for parking and blocking the gates, which was his reason for having posts put into the concrete. He then responded that he did not feel a landscaping area would be any greater deterrent in keeping trucks from using the area for parking. In response to a question posed by Commissioner Gray, City Engineer Whisker related that landscaping requirements would equate to approximately two to three trees, eight to twelve bushes and some type of ground cover to the front of the property. It was pointed out that the side of the building would not figure into the requirements regarding a granted setback variance by the Board of Adjustment. Commissioner Gray moved, seconded by Commissioner McCleary to deny the waiver of landscaping requirements at 213 South Redmond Road as requested. Mr. Robinson reiterated that landscaping would require water, saying that there is not a need regarding a water meter for a mini storage. He added that the lot is a 100’ lot, explaining that no other property on South Redmond Road has any landscaping, adding that the property is zoned M-2. At this time, MOTION CARRIED with Commissioners Traylor and Herbold voting NAY. Chairman Stroud closed the public hearing at approximately 7:21 p.m. c. Requested height waiver for Wireless Communications tower on Military Road and Southeastern Avenue. Chairman Stroud opened the public hearing at approximately 7:22 p.m. Mrs. Laura McInear explained that she is an agent for Didicom, LLC, a tower company located in Fort Smith, which constructs towers for Alltel Communications. She stated that the Ordinance 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. limits the height to a 100’ monopole, adding that they are requesting an additional 100’ to comply with room for additional carries and to be able to create the RF signal that is needed to connect with other towers in the area. She demonstrated areas on a map provided to the Commission that is indicative of low coverage areas regarding the proposed site. She explained the purpose of establishing additional sites, noting that towers are only capable of a certain number of calls at any given time. She then demonstrated the expanded coverage capability with the proposed new monopoles tower. She related that they have filed and received an FAA grant for a 199’ tower that would actually leave room for lightening rods to be placed at the top of the tower. She added that their engineer has requested 190’ tower to be able to provide the necessary coverage for the area and provide space for two other carriers. City Engineer Whisker stated that additional carriers should be considered, which would allow for the maximum amount of placement on the tower. He then answered that any FAA approval is subject to approval by the Air Base. Chairman Stroud closed the public hearing at approximately 7:39 p.m. In response to a question posed by Commissioner Keaton, City Engineer Whisker related that the closest facility to the proposed tower would be the water treatment plant to the north and the closest residential house would be the yellow house on Military Road just east of the new gas station. He then noted that the entire area is zoned C-3, adding that the rest of the area is located in the County, which does not carry a zoning designation. He then clarified that the proposed site is on the west side of the Loop Road extension. In response to a question posed by Commissioner Keaton, Mrs. McInear responded that the vertical separate can be from 10’ to 20’ depending on the carrier and the type of signal. She then answered that monopole structures are generally built to support up to four carriers. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the requested height variance for the proposed monopole tower on Military Road and Southeastern Avenue as requested. MOTION CARRIED. d. Conditional Use of C-2 in a C-1 zone at 901 North First Street 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. Chairman Stroud opened the public hearing at approximately 7:39 p.m. Mr. Randy Pilsner, District Manager representing O’Reilly Auto Parts noted earlier distributed material, offering his available to answer questions for the Commissioners. City Engineer Whisker explained that O’Reilly Auto Parts is proposing to section off part of the property that previously belonged to First Electric Cooperative on North First Street and is requesting a conditional use of the property. City Engineer Whisker answered that the width of the stockyard would be between the proposed O’Reilly’s Auto Parts store and the residents on Gray Street. It was then decimated from the drawings that there would be no parking to the rear of the Store. Commissioner Gray moved, seconded by Commissioner Herbold to grant the C-2 requested use in a C-1 zoning for O’Reilly Auto Parts as presented on North First Street. MOTION CARRIED. Chairman Stroud closed the public hearing at approximately 7:41 p.m. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Eastview Addition PH VI, Lots 1 thru 8, 32 & 33 Petitioner Chad Ellison clarified the lots being proposed for development. City Engineer Whisker noted that lots 1 thru 8, 32 & 33 would represent the last ten lots available for development in phase VI. He then noted that proper documentation has been submitted, pointing out that the water was accepted in the early to mid 80’s and the sewer has required some rehab work, which is currently being performed with Sewer Commission approval. Mr. Bob Williams of the Jacksonville Wastewater Department confirmed approval by the Sewer Commission. City Engineer Whisker related the developers plan to rebuild the street, noting a drainage swell to the back of the development, adding that the developer is also working on the required sidewalks to complete the inside loop around Gina Circle. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. In response to a question posed by Commissioner Gray, City Engineer Whisker concurred that the preliminary plat being presented is a revised plat from that which was originally approved in the 80’s, noting that as recently as two years ago this part of the property was presented to the Planning Commission along with other lots around Davis Court, explaining that following that approval only the plats around Davis Court were then developed. City Engineer Whisker then concurred that the property was rezoned to R-2 from zero lot line approximately one and half years ago. Commissioner Gray moved, seconded by Commissioner Keaton to approve the Preliminary Plat of the Eastview Subdivision PH VI, Lots 1 thru 8, 32 & 33. MOTION CARRIED. b. FINAL PLAT Hidden Oaks Subdivision Representative Mr. Tommy Bond stated that there are no exceptions from what was approved as the preliminary plat. He stated that to his knowledge all letters of acceptance and bonds are in place. Commissioner Keaton questioned if the bill of assurance sets forth any parking restrictions regarding the concrete drive around lots 3, 4, and 5 and inhibiting access for fire equipment. Mr. Bond stated that there is an easement, adding that he was not aware that there was an issue regarding access. He then added that the bill of assurance could address that as an issue. City Engineer Whisker supported that the bill of assurance address issues to keep the drive clear for Fire Department and City access. In response to a question from Commissioner Traylor, Mr. Bond clarified that lot 21 is large enough to place a home. He reminded the Commission that the houses would basically be 30’ X 40’. City Engineer Whisker requested that lots 1 and 23 not have drives constructed onto Trickey Lane, and Mr. Bond noted that one driveway already exists off Trickey Lane. Following discussion regarding corrections in the legal description Mr. Bond stated those would be corrected. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Final Plat of Hidden Oaks Subdivision stipulating that the bill of assurance address access issues regarding the east side of lots 3, 4, and 5 or between lots 5 and 6, along with corrections to the legal description. MOTION CARRIED. c. PRELIMINARY PLAT Bellevue Subdivision PH IV Representative Mr. Bond related that PH IV is an extension of the original plan for Bellevue Subdivision. He noted that the Subdivision began in the late 70’s and was revived in the 90’s following a decline in development. He explained that it began as a single-family subdivision and ended as a multi-family. He noted that the current phase is zoned as R-3, adding that the developer plans to rezone the property to R-1. He then explained that the northern tier of lots is slightly in the flood, requiring a small amount of fill. He stated that this property would be the last 3 acres to be developed out of approximately 16 acres. He noted that the property consists of 18 lots, which already has sewer and a water line. He related that City Engineer Whisker has requested half street improvements on Northeastern, pointing out that Northeastern Street is closed approximately midway of the north interior lots with a gate. He then related a deep ditch on the west side of Northeastern, which the developer has agreed to pipe on the Subdivision portion of the property, adding that there is approximately 100’ back to the south that is not a part of the Subdivision. He then related that the developer has agree to sidewalk placement and a temporary turnaround at the end of the stub street, noting that there is a sewer line that runs through the area where the street is. City Engineer Whisker stated that his request would include re- numbering the lots and include the “F” designation, rezone the property from R-3 to R-1, construct a temporary turnaround at the end of Bellewood Lane, placement of a fire hydrant at the corner of Clint and Northeastern, sidewalks along Bellewood, Clint and Northeastern, half-street improvements on Northeastern including pipe, curb and gutter with a minimum of 20’ width of asphalt. In response to a question from Chairman Stroud, Mr. Bob Williams of the Wastewater Department stated that the Sewer Commission approved the Subdivision contingent upon Health Department approval and completion of the upgrade to the East Pump Station. He then related that the contract bid to upgrade the pump station was issued last Wednesday. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. Mr. Bond noted that four lots already have sewer service from the existing sewer line. He then agreed to the request submitted by City Engineer Whisker. Commissioner Gray moved, seconded by Commissioner McCleary to approve the Preliminary Plat of Bellevue Subdivision PH IV, stipulating (1) re-numbering the lots to include the “F” designation, (2) rezone the property from R-3 to R-1, (3) construct a temporary turnaround at the end of Bellewood Lane, (4) placement of a fire hydrant at the corner of Clint and Northeastern, (5) sidewalks along Bellewood, Clint and Northeastern, (6) half-street improvements on Northeastern including pipe, curb and gutter with a minimum of 20’ width of asphalt, (7) Health Department approval and completion of the upgrade to the East Pump Station. In response to a question from Commissioner Herbold, City Attorney Bamburg clarified that the proper chronological order would be for the property to be rezoned prior to approval as a preliminary plat. Discussion ensued regarding lot dimensions and the purpose of rezoning the property to fit the intended use. Commissioner Gray moved, seconded by Commissioner McCleary to retract the previous motion and move to table the item of business until the December regularly scheduled Planning Commission meeting. MOTION CARRIED. d. FINAL PLAT Northlake Subdivision PH X-B Representative Mr. Bond stated that the phase consists of 7 lots, adding that the letter of warranty on the sewer is still outstanding and sidewalks. City Engineer Whisker stated that the streets, water and sewer were put in over a year ago, adding that the developer has been filling the lots on the backside. He related that the developer still needs to submit a bond for the sidewalks as well as the sewer warranty letter. In response to a question posed by City Attorney Bamburg, City Engineer Whisker noted that lot 376 is excluded from this phase; Mr. Bond then offered that he was sure lot 376 was excluded from the legal description, adding that it would be verified. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. Commissioner Keaton moved, seconded by Commissioner Gray to approve the Final Plat of Northlake Subdivision PH X, stipulating that a bond be submitted for the sidewalks along with a letter of warranty for the sewer and that the legal description be verified not to include lot 376. MOTION CARRIED. e. FINAL PLAT Stanphil Road Duplex Addition Developer Daniel Gray stated that the sewer and water were accepted during the final plat stage for Growing Pines PH II approximately three months ago. City Engineer Whisker informed that the Commission that he has received the street warranties and bonds for the sidewalk. A correction to the bill of assurance was noted changing the square footage requirement to 1800 square feet. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Final Plat of Stanphil Road Duplex Addition with noted correction to the bill of assurance. MOTION CARRIED with Commissioner Gray voting NAY. BUILDING PERMIT(S): T.P. White Drive Gwatney Chevrolet Enclosure of Service Bay entrance Architect Ken King for the project, requested a 4,000 square foot expansion for the front end of the facility for Gwatney Chevrolet. He stated that the expansion will serve as a service reception area and would enlarge the customer service area, adding that it would also consist of updating the offices. City Engineer Whisker concurred with the assessment of improvements, adding that he would request that a sidewalk be constructed along Bailey Street and T.P. White Drive as indicated by the Master Sidewalk Plan. He noted that the cost percentage of improvements is slightly under the value of the property, which excludes the project from regulations of the landscaping ordinance. Discussion ensued regarding the concrete and green space aspect along North Bailey. Commissioner Gray questioned the need for sidewalks on North Bailey if the area is paved up to the curb. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. City Engineer Whisker stated that the issue would depend on how close the cars are parking into the right-of-way, clarifying if the pavement allows a space where the cars cannot pull into the area then he would not see it necessary. It was noted that the pavement would need to be fixed regarding the entrance. Mr. Bond pointed out that T.P. White Drive is a State Highway right-of-way, adding that he is not sure there is enough room between the existing road and the edge of the right-of-way to establish a sidewalk. He noted that the area has a ditch, adding that there is no curb but the pavement has a small lip that immediately goes into a ditch. City Engineer Whisker stated that he believed the area in question is one of the few areas on T.P. White Drive that does not have a ditch. Mr. Bond then noted that approval from the State Highway Department would be necessary regarding improvements to the right-of-way. In response to a question posed by Commissioner Herbold, Mr. Bond answered the drainage is flowing north on T.P. White and turns going south on Bailey. City Engineer Whisker then explained that the water that flows to the frontage road in front of Gwatney Chevrolet hits the curb line and then continues north until it gets to an inlet where Shakey’s use to be. Mr. Bond offered that a lot of the water turns and goes into where Big Lots is located. He noted a retaining wall between Big Lots and Gwatney Chevrolet. Commissioner Herbold expressed concerns regarding the removal of even a small ditch keeping water off the roadway to establish a sidewalk and the possible repercussions to the drainage flow. City Engineer Whisker reiterated that he did not feel the area has a ditch and Mr. Bond concurred with that sentiment. Mr. Bond continued that the issue would be if there is enough room and if the Highway Department would allow those improvements. Commissioner Keaton proposed the feasibility of establishing a sidewalk along the access road on the south side of Gwatney Chevrolet that would lead down Bailey and turn east going into the backside of Gwatney. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. – 8:33 P.M. Mr. Bond noted that there is an established street behind Gwatney and a small row of buildings behind Gwatney. He agreed that there is an area that could be designated as a sidewalk, noting that there is a curb that defines Gwatney’s parking lot. It was noted that the only sidewalks in the area are located at the new collision center down the street. Mr. Bond reiterated that there is not much room between the edge of the pavement and the edge of the right-of-way, citing possibly 6’ to 8’. City Engineer Whisker stated that it could possibly be 10’ from the back of the curb to the right-of-way line. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the building permit for Gwatney Chevrolet stipulating that a walking designation either on the north side (T.P. White) with approval from the Highway Department regarding necessary permitting for right-of-way improvements OR the south end (street behind Gwatney) of the property. MOTION CARRIED with Commissioner Gray voting NAY. GENERAL: City Engineer Whisker informed the Commission that the City zoning map is now available on line under the City’s web page. He asked that any suggestions for changes be forwarded to him, explaining that there had been a data bust in the map, which has been corrected as best as possible. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:33 p.m. Respectfully submitted, _________________________ Susan L. Davitt 11