08 FEB 11.doc
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 11, 2008
7:00 P.M. - 7:15 P.M.
OPENING REMARKS:
The Planning Commission of the City of Jacksonville, Arkansas met
in regular session on February 11, 2008. Chairman Traylor opened
the meeting at approximately 7:00 p.m. expressing appreciation to
those in attendance.
ROLL CALL: Commissioners Charles Evans, Chad Young, John Herbold,
Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman
Traylor also answered ROLL CALL and declared a quorum. PRESENT
(6), ABSENT (3).
Others present for the meeting were Acting City Engineer Jay
Whisker, Mr. Marcus Dupree, interested citizens, petitioners, and
press.
CORRECTION AND/OR APPROVAL OF MINUTES:
Commissioner Young moved, seconded by Commissioner Herbold to
approve the minutes of the regularly scheduled Planning
Commission meeting of 14 January 2008. MOTION CARRIED.
PUBLIC HEARING(S):
REQUEST TO APPROVE PLAT(S): FINAL PLAT Dupree Estates
Mr. Dupree stated that he is also requesting a waiver of
sidewalks with Final Plat approval.
Acting City Engineer Whisker informed the Commission that Mr.
Dupree had to have a manhole and 300’ of sewer line constructed.
He explained that Mr. Dupree had related his desire for a
sidewalk waiver, adding that he would rather not waive the
sidewalk. He stated that there were lots approved in the 90’s to
the north, pointing out that Valentine and the CloverRidge
Subdivision PH I, II, and III have sidewalks. He stated that Mr.
Dupree’s lot is approximately 200 to 300 feet in proximity to the
CloverRidge Subdivision, one large lot size away from the
Subdivision.
In response to a question posed by Chairman Traylor, Acting City
Engineer Whisker answered that the Water Department has given
approval and the Sewer Department only lacks air testing the
line.
It was clarified that the homes to the north that were platted in
the 90’s do not have sidewalks.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 11, 2008
7:00 P.M. - 7:15 P.M.
In response to a question posed by Chairman Traylor, Acting City
Engineer Whisker replied that this would be the only sidewalk on
the street north of Valentine, adding that eventually the City
would probably build sidewalks to make connections. He stated
that the sidewalks would most likely be on the inside of
Cloverdale where Mr. Dupree is building his home. He noted that
the CloverRidge Subdivision already has sidewalks built all the
way through on that side of Cloverdale.
Chairman Traylor clarified that the required sidewalk would be
166’.
Mr. Dupree then answered that there is a home to the south side
of his home and Acting City Engineer Whisker further clarified
that the home was approved on a metes and bounds building permit
in 2003. He added that he did not believe sidewalks were
required at that time with a metes and bounds building permit.
Commissioner Young stated that it is typically the Planning
Commission’s policy to include sidewalks in all projects, adding
that the City does not want to have to add sidewalks. He stated
that he did not feel this project would merit a waiver from
sidewalk requirements.
Commissioner Young moved, seconded by Commissioner Howard to
approve the Final Plat of Dupree Estates and deny the request for
a waiver from sidewalk requirements and contingent upon
acceptance from all utilities.
Mr. Dupree questioned who would maintain the sidewalk and keep
the grass cut. He explained that he did not have the funds to
construct a sidewalk, noting that he had already spent $12,000.00
to construct a manhole so that he could get sewer service to his
home. He stated that technically this would fall under the
City’s guideline for a financial hardship, reiterating that he
does not have the funds to construct the sidewalk.
Acting City Engineer Whisker related that the sidewalk in any
final plat could be bonded with cash or an actual bond.
City Attorney Bamburg clarified that the motion before the
Commission would have to be amended to allow any arrangement for
bond.
Chairman Traylor informed Mr. Dupree that he would be responsible
for the grass cutting around the sidewalk.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 11, 2008
7:00 P.M. - 7:15 P.M.
Mr. Dupree then questioned the legal liability if someone were to
fall or trip and be hurt on the sidewalk. He stated there are a
lot of children in the area and his concern would be that if he
constructed the sidewalk in front of his house, he feels children
might bring their skateboards to play on the sidewalk. He stated
that the sidewalk would belong to the City but technically is not
connected into the sidewalk system.
Acting City Engineer Whisker stated that as long as sidewalks are
constructed to City standards the City would accept and maintain
the sidewalks following a period of one year. He noted that
grass maintenance is the responsibility of the property owner.
Commissioner Herbold expressed concerns for developments that
have small culdesacs that negate the sidewalk requirement when it
would be advantageous for the sidewalk to continue, pointing out
that in contrast this sidewalk would not continue in either
direction. He stated that he would be in favor of a sidewalk
waiver.
Acting City Engineer Whisker stated that sidewalks are commonly
developed in pieces, citing the development on North First Street
where sidewalks will be piece meal through the developers efforts
and the City to have sidewalks that connect going towards the
proposed location of the new education facility.
He then explained that in the area of CloverRidge the same type
of sidewalk development occurred. He then reminded the
Commission that in 2001, the Planning Commission approved a
subdivision without sidewalks and when sent to City Council for
approval, the City Council required sidewalks. He stated that the
case went to court and was eventually won by the City. He stated
that the City Council has made it very clear that they want
sidewalks. He stated that the only exception that he is aware of
would be the transfer of some land to three family members
following a landowner’s death.
In response to a question posed by Commissioner Herbold, Acting
City Engineer Whisker acknowledged that the lots to the north of
the wastewater treatment plant were approved some time ago and
are now being developed. He explained that when a lot is final
platted it is ready for house construction, adding that all
improvements have been established.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 11, 2008
7:00 P.M. - 7:15 P.M.
In response to a question posed by Commissioner Young, Acting
City Engineer Whisker clarified that as per the Master Sidewalk
Plan a culdesac with less than 20 lots is exempt from sidewalk
requirements. Commissioner Young offered that consistency in
development should be established and this might be a good topic
for discussion at the joint Planning Commission and City Council
meeting.
Commissioner Charles Evans clarified with Acting City Engineer
Whisker that the new development on North First was required to
have sidewalks. Acting City Engineer Whisker agreed, pointing
out that the sidewalks are 5’ in width.
At this time MOTION CARRIED, with Commissioner Herbold voting NAY
and Chairman Traylor voting AYE.
BUILDING PERMIT(S):
GENERAL:
ANNOUNCEMENT: Chairman Traylor informed the Commission that the
first annual Joint Planning Commission/City Council meeting would
th
be held February 12 beginning at 11:30 a.m. at the Community
Center.
ADJOURNMENT: Chairman Traylor without objection adjourned meeting
at approximately 7:15 p.m.
Respectfully submitted,
_________________________
Susan L. Davitt
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