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06 DEC 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. - 7:38 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on December 11, 2006. Vice Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Glen Keaton, John Herbold and Tom Evans answered ROLL CALL. Vice Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (2). One seat open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Brian Boroughs, Gary Fletcher, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Gray that the minutes of 13 November 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. FINAL PLAT Ramada Inn Mr. Tommy Bond requested that the Final Plat for the Ramada Inn be tabled for the next meeting. He stated that he hoped by that time to have a resolution regarding separate utility access for the rear building. Commissioner Brannen moved, seconded by Commissioner Gray to table the Final Plat of Ramada Inn until the next regularly scheduled Planning Commission meeting in January. MOTION CARRIED. b. PRELIMINARY PLAT: The Meadows formally submitted as Clover Ridge PH IV Mr. Bond noted that the Planning Commission reviewed the Sketch Plat one month earlier, adding that it has been refined since the last submission. He explained that originally there were 98 lots, which has now been changed to 111 lots. He stated that the lots are 70’ wide and the corner lots are 90’ wide and would comply with the new 25’ setback requirement for all street frontages. He related that the plat has been submitted to the Sewer Commission, and concerns were expressed during that meeting regarding the proposed connection to manhole 1464 on the property. He continued that the developer is now proposing to make that connection to a different manhole to the north and east CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. - 7:38 P.M. on Cloverdale Road, manhole number 2539. He noted that it gravities directly into the sewer plant, which prevents any issue of overloading a pump station. He said that the new proposed plan was delivered to Bob Williams at the Wastewater Department today and that he has had an occasion to discuss those plans earlier this evening with Chairman Zumwalt of the Sewer Commission. He then acknowledged a same-name conflict with the street named Robin Road. Commissioner Brannen noted that the existing street named Robin Road is off Military Road. In response to a question posed by Chairman Traylor, Mr. Bond stated that he believes the Water Department has reviewed the plat. Representing Engineer for the City, Mr. Jay Whisker clarified that the Water Commission has not yet approved the plat. Mr. Bond stated that neither utility Commission has formally approved the plat and their approval is being requested subject to the final approval by water, sewer, and the Health Department. City Attorney Bamburg reminded the Commission that approval of plats prior to either Commission’s approval or other departments could create issues at various points in time. He asked the Planning Commission for consideration that when addressing such plats. Representing Engineer Jay Whisker stated that the developer would need to submit a bill of assurance guaranteeing maintenance of the proposed improvement district and the retention pond as shown. In response to a question posed by Commissioner Brannen regarding tabling the item of business until next month, Mr. Bond conveyed the developer’s desire to start construction regarding clearing the property and grading for streets. He continued that he feels comfortable that there will not be any issues from either the Water or Sewer Commissions. He stated that the hydraulic calculations show 1900 gal. per minute fire flow, adding that there are more fire hydrants in this Subdivision than any of the recent subdivisions. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. - 7:38 P.M. In response to a question posed by Commissioner Gray, Representing Engineer Whisker stated that as far as design he did not have any differing design recommendations. He noted that the design discussed from sketch plat to preliminary plat incorporates the removal of two culdesacs and an added entrance to the west. It was stated that the only recommendations would be for approval from both utility Commissions, and a bill of assurance for maintenance of the water retention pond and sewer improvement district. It was noted that sidewalk plans include two sidewalks leading to the school area. Mr. Bond agreed to change the name of the street currently being proposed as Robin Road. In response to a question posed by Commissioner Gray regarding preliminary plat approval to move dirt on site, Representing Engineer Whisker stated that ADEQ requires that a storm water prevention plan be in place. Mr. Bond stated that a storm water prevention plan is part of the package. Representing Engineer Whisker stated that an “earth-working permit” does not exist for the City. Discussion ensued as to having the item come back before the Commission at the January 8th meeting. Developer Brian Boroughs addressed the Commission; saying that the real push on approval is that there is an offer and acceptance to purchase the property that is contingent upon approval by the Planning Commission. He stated the need to put the paperwork together including the Commission’s acceptance to establish the improvement district and close on the property. He stated that he wants to bring the improvement district before the City Council as quickly as possible. Mr. Bond concurred that paperwork is the issue regarding approval before the January 8th meeting, adding that weather conditions would probably prevent site work immediately. Discussion ensued as to approving the preliminary plat with stipulations that could prevent the final plat from being approved until all stipulations have been met. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. - 7:38 P.M. Commissioner Gray stated that one unique aspect of the Subdivision is the improvement district, acknowledging that the Planning Commission may not have any control over the improvement district if approved without more review. Mr. Bond stated that improvement districts are dictated by State law, noting that Foxwood Estates is setup by those regulations. He stated that the law is very specific regarding improvement districts. Representing Engineer Whisker stated that the other unique factor about this subdivision is that the improvement district is set up specifically on a grinder pump station, further explaining that each individual house would have its own small pump station going into manhole 2539. In response to a question posed by Vice Chairman Traylor, City Attorney Bamburg clarified that the next meeting of the Sewer Commission would be the Friday following the next regularly scheduled Planning Commission meeting i.e. January 12th following the Planning Commission meeting of January 8th. Mr. Bond stated that the improvement district would have to be in place before being submitted to the Health Department. He stated that it would have to go through the City Council, then the County Judge before finally being approved by the Circuit Court who would appoint commissioners. Mr. Brian Boroughs stated that from a buyer’s perspective he needs the approval so that he would know that he is going forward with the development without any “cloudy” issues. Discussion ensued regarding the outstanding issues of sewer, water, bill of assurance and Health Department approval. Mr. Bond stated that generally plans are not forwarded to the Health Department until it has been approved by the Planning Commission, adding that the Sewer Commission will also want a review and approval from the Health Department before their final approval. He stated that he feels what will come from the Sewer Commission would be a conceptual approval, noting that the system would be maintained by the improvement district and not the Wastewater Department. Commissioner Herbold voiced concerns for setting precedence by granting approval before required items are in compliance. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. - 7:38 P.M. Mr. Bond stated that the item was submitted to the Sewer Commission the Wednesday before being submitted for Planning Commission review. City Attorney Bamburg noted that a revised plan was presented to Planning Commission tonight and thus has not been made available as yet to the Sewer Commission. Mr. Bond stated that the alternate plan submitted was based on suggestions from Mr. Bob Williams from the Wastewater Department. City Attorney Bamburg clarified that the alternate plan has not been reviewed by the Sewer Commission, other than what was shared with Mrs. Zumwalt earlier in the evening. Commissioner Gray noted that even if the plat were tabled until the next Planning Commission meeting it would still not have received formal acceptance from the Sewer Commission. He added that by that meeting there could be a chance that the other items would be in place and therefore make for a lesser degree of stipulations if accepted. Commissioner Gray moved, seconded by Commissioner Brannen to table the Preliminary Plat of The Meadows formally submitted as Clover Ridge PH IV for the January 8th regularly scheduled Planning Commission meeting. MOTION CARRIED. c. SKETCH PLAT Fletcher Addition Mr. Gary Fletcher related that the property consists of approximately 1.33 acres on General Samuels Road, explaining that he is seeking feedback regarding general acceptance before submitting the preliminary plat. He noted that Phil Keaton is the engineer on the project. He stated that the lot size is consistent with the existing area subdivision, noting that they are approximately 70’ wide. He stated that the subdivision would consist of six lots, which he intends to build on himself. Representing Engineer Whisker stated that he had explained to Mr. Fletcher and Mr. Keaton that the existing Subdivision of Woodland Hills had saved 30’ of right-of-way on the west side to comply with the Master Street Plan. He stated that the street as developed would lead directly south connecting to Emma Street. He stated that his suggestion was for Mr. Fletcher to donate his 30’ of right-of-way and build the street 129’ deep so that in the future the five acres between there and Emma Street could develop as a street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. - 7:38 P.M. In response to a question posed by Vice Chairman Traylor, Mr. Fletcher replied that the current plat does not include the 30’ of right-of-way, explaining that he was unaware of the requirement until after submitting the plat. It was noted that the 30’ right-of-way would be located to the west of lot 6 of the Fletcher Addition and to the east of lot 73 of the Woodland Hills Subdivision. Representing Engineer Whisker then pointed out that the property line separating Woodland Hills from Crooked Creek on the north side of General Samuels should line up with the property line of Woodland Hills on the south side of General Samuels. He stated that he feels that would be corrected by the preliminary plat stage, adding that he had informed the developer that curb, gutter and sidewalk along General Samuels would be expected in the preliminary plat presentation. In response to a question posed by Commissioner Brannen, Representing Engineer Whisker stated that the subdivision is being proposed with a 35’ setback. Mr. Fletcher raised the question of future phases in existing subdivisions following the newly adopted 25’ zoning setback. Commissioner Brannen moved to approve the sketch plat as presented. MOTION DIES FOR LACK OF A SECOND. Commissioner Herbold moved, seconded by Commissioner Brannen to approve the sketch plat of Fletcher Addition, stipulating that 30’ right-of-way be added on the east side of the subdivision. MOTION FAILS with Commissioner Keaton voting NAY. Commissioner Keaton questioned if the street were not developed would the property behind the subdivision be land locked, also questioning if there was area on the west that could connect to Emma Street. Representing Engineer Whisker stated that there is access on Emma Street that stops at Christy Lane, explaining that there is 30’ of right-of-way along the east side of Bushwood, which almost comes to General Samuels. He then explained that there is another five-acre tract situated south of the proposed subdivision and north of Bushwood. He stated that technically the answer would be no, adding that there is a 30’ access to the five-acre tract. He noted that the Master Street Plan calls for a street to go through to General Samuels. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. - 7:38 P.M. Mr. Fletcher stated that while his Subdivision only consists of six lots; he is being asked to construct a 130’ deep street that would not be beneficial to his development. He explained that with the expense of curb, gutter, and sidewalks along with the 130’of street he is not sure the development would remain feasible for development. He added that as an Alderman of the City he could appreciate the position of the City. In clarification, representing Engineer Whisker stated that it is his understanding that the Jacksonville Municipal Code does not allow for only half or one side of street construction; it must be all or none. He stated that a minimum for fire equipment would have to have a 20’ street with curb and gutter on one side of the street. In response to a question posed by Commissioner Gray regarding the durability of streets, Representing Engineer Whisker responded that it varies but mostly the time period is 7 to 8 years. In response to a question posed by Commissioner Herbold, Mr. Fletcher stated that in order to have 30’ of right-of-way for the City he would reconfigure the lots with 5’ less frontage. He stated that the lots would be 70’ instead of 75’ as shown. He stated that constructing the street would be a matter of money, explaining that he does not have a problem providing the 30’ right-of-way. In response to a question posed by Commissioner Gray, Representing Engineer Whisker stated that the person developing the eastern side of Bushwood would be responsible for the street development regarding that portion of the road. Mr. Fletcher noted that he would be developing a street that is not needed nor would be used by his development. He then pointed out that the six lots in his development would face General Samuels. It was pointed out that the person developing the property between Bushwood and General Samuels to the east of the right-of-way would need the street developed for access to that development. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. - 7:38 P.M. ADJOURNMENT: Vice Chairman Traylor without objection adjourned the meeting at approximately 7:38 p.m. Respectfully submitted, _________________________ Susan L. Davitt