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10 NOV 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. – 7:55 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on November 8, 2010. Chairman Gray opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, John Herbold, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Chairman Gray declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Jay Whisker, Joan Zumwalt, Director of Administration Jim Durham, Aaron Robinson, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Howard moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 11 October 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Lot 1, Sears Addition Petitioner representative and Engineer Mr. Tim Lemons requested that the Final Plat application be changed to Preliminary Plat with approval from the Commission. He presented the Planning Commission with copies of the Preliminary Plat, which included contours of the site. He explained that the presentation of the preliminary plat would be the more normal flow, allowing them to have the utilities installed before requesting final plat approval. He then noted that there might be changes regarding the easements. City Engineer Whisker agreed with the correction of process, informing the Planning Commission that the Water Department plans to bore under the road or running it from the north to the property. He added that Mr. Lemons is waiting for a letter of approval from the Health Department regarding the septic system. He then noted that there would be a requirement for sidewalks along T.P. White Drive. He then clarified that the Water Department has approved the water improvements. All utility improvements have been approved by their perspective authorities. Chairman Gray related that the Planning Commission’s review of the preliminary plat would take into consideration the utilities, dimensions, contours, access, and other plotting concerns. City Engineer Whisker noted that the entire tract consists of approximately 10 acres, and the proposed development would be on the northern 3.76 acres. He then related that the flood plain location is in the back northeast corner. He then added that Mr. Lemons did provide some calculations to ensure that the drainage area is wide enough to allow for any future area drainage. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. – 7:55 P.M. Mr. Lemons then answered Commissioner Herbold that there is a ditch that is approximately 30 feet north of this property that runs along the north line of the property. Chairman Gray pointed out that due process would be to determine if the preliminary plat met all considerations before implementation and build out; and then in the future the developer would return with a Final Plat. Discussion ensued as to whether the site plan would be reviewed in lieu of the change from a final plat to preliminary plat. It was requested that the site plan be reviewed. Mrs. Joan Zumwalt, the adjacent property owner to the north, stated that she is concerned with the site use of the proposed development. She related that there is a ditch on either side, being the north and south ends of her property. She noted that it drains into a small creek that is north and east of the proposed property. She then added that there is also two large culverts that handle most of the drainage from the road. She explained that she has filled a lot of the property behind her business. She then pointed out that the property will not perk on the frontage road. In response to a comment regarding drainage by Chairman Gray, Mrs. Zumwalt stated that her concern would be the use of the site. She added that it is also a concern for several others. Chairman Gray stated that the use of the property is outside the purview of the Planning Commission; explaining that it is the responsibility of the Planning Commission to address issues of on site development and the consequences of that development to property off site. He offered that when the site plan is reviewed, Mrs. Zumwalt may have other opinions to offer. Mrs. Zumwalt deferred comment until the discussion of the proposed site plan are addressed. Alderman Howard moved, seconded by Commissioner Keaton to approve the preliminary plat of Lot 1, Sears Addition. MOTION CARRIED. b. FINAL PLAT Northlake Gardens Mr. Aaron Robinson of Bond Engineering addressed the Planning Commission, noting that the development was submitted back in January 2009 as Northlake Phase XIII and the Northlake Gardens. He explained that the developer is requesting the final plat of the Northlake Gardens. He related that the bill of assurance addresses only the Northlake Gardens. He explained that the Gardens was rezoned in November 2008 to an R-1A, offering the minimum side yard setbacks, for larger homes on smaller lots. He then noted that the sidewalk along lots 1G and 14G have already been built, explaining that the only 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. – 7:55 P.M. outstanding issues are that the Sewer Department has not signed off on the as-built drawings and the developer is going back before the Water Commission to request approval for a letter of credit as opposed to a bond. He noted that lot 12G has been enlarged since the preliminary plat submittal, offering that footage was taken from lot 14G. He explained that there was some concern for being able to place a house on lot 12G. He noted that the property line was moved approximately 12’ to the east, taking 10’ from lot 14G. City Engineer Whisker stated that all improvements have been completed, adding that there is even a sidewalk along Oneida Street. He added that the biggest change was that lot 14G changed from an 80’ lot to a 65’ lot in order to help orientate a home on lot 12G. He noted that Tract A would become part of the Lake Lorene Property Owners’ Association, adding that it would be developed as the ramp into the Lake. He then noted that the Lake is 80% complete. Mr. Robinson explained the issue regarding the one-year bond provided to the Water Department, adding that difficulties with bonding have caused the developer to request approval for a bank letter of credit to ensure that if anything happens with the waterlines during the first year of completion there will be funds for repairs. City Engineer Whisker noted that the City has accepted the practice of a letter of credit as well as a bond due to difficulties with bonding. He then requested that approval be stipulated on Water and Wastewater requirements being met before being forwarded to the City Council. In response to a question posed by Commissioner Herbold regarding sidewalks, City Engineer Whisker noted that the original plan was submitted in the 70’s and sidewalks were proposed, then removed from the plans and are now back in. He noted that Northlake has sidewalks for the most part except in the culdesacs, adding that a street with less than 20 lots does not have a requirement for sidewalks. Commissioner Herbold issued concerns for developments that are phased out that might preclude having to build sidewalks as such with the original plan. City Engineer Whisker noted that if a street dead ends with a continuing phase, sidewalks would still be required. Commissioner Young moved, seconded by Commissioner Herbold to approve the Final Plat of Northlake Gardens contingent on approvals from the Water and Wastewater Departments before being forwarded to the City Council. MOTION CARRIED. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. – 7:55 P.M. BUILDING PERMIT(S): a. SITE PLAN Lot 1, Sears Addition Mr. Lemons stated that after receiving comments from City Engineer Whisker, the plans have been revised to accommodate those requests. He presented revised site plans to the Commission for their consideration. He reviewed the changes, saying that the sidewalk along T.P. White needed to be 5’ in width and moved over against the Highway right-of-way. The second question was the landscaping requirement, which has now been met. He continued saying that the drainage ditch on the east side of the property needed to have hydraulic calculations and sized for the water flow as necessary, which has been provided to City Engineer Whisker. He noted that they have subdivided the development, being less than 5 acres, which was the purpose of the preliminary plat presentation. He noted that they are taking a 10-acre tract and making a 3.5 acre development, adding that access has been restricted to only one access. He noted the requirement of one parking space per 200’ of showroom floor has been met, explaining that the building is 14,400 square feet, which would require 72.2 spaces, which they have exceeded. He then noted that approvals from Jacksonville Water Commission, the Health Department, and the Highway Department would need to be obtained before the Final Plat is submitted. City Engineer Whisker stated that the reason for a site plan, although they do not have final plat approval, is to allow them a building permit, and to final plat the property as they complete the utilities and building. He noted that this process saves the developer time and the convenience of having all the construction crews on site at the same time. He then answered that either the fresh water would be obtained from the north all the way down through the south, which is what was suggested by the Water Department or they will bore 67/167 across. He then noted that the Water Department has agreed to size that line up to a 12” line so that water can be provided to other customers on that side of the Freeway. He concluded that this would be a private/public partnership for the good of the whole area. Mr. Lemons addressed the issue of drainage, saying that when the building is completed the water will sheet away from the building in all four directions. He explained that water in front of the building would venture down to the ditch that is along T.P. White. He then stated that from the center of the building it would flow back to the drainage easement shown on the rear east side of the property. Chairman Gray noted the amount of proposed hard surface, questioning if there would be any runoff concerns for adjacent property owners. Mr. Lemons stated that if merited he would be willing to provide drainage calculations on the need or lack thereof regarding water retention. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. – 7:55 P.M. City Engineer Whisker stated that ideally water leaving the property should be the same at post construction as what it is was pre- construction. He stated that it should be equal or exceed. Mr. Lemons commented that typically storm water detention is not put in this close to a flood plain because of wanting to get the water off before the water stream gets there, adding that it is usually not a great idea to have storm water detention this close but he would be happy to provide calculations to show that. City Engineer Whisker then answered that from the building storm water would go directly to the east and the west. He then noted the creek to the rear of the property that runs into Lonoke County. Commissioner Young stated that he could not determine anything lacking on the site plan, adding that it looks to be a well laid-out plot. He then stated that he would like to double check the landscaping to make sure that it meets Code requirements. Chairman Gray asked Mrs. Zumwalt if she wanted to address any issues regarding the site plan and drainage or how it would affect her property as far as on a construction basis. Mrs. Zumwalt stated that it had not been mentioned that the proposed construction is intended to be a liquor store. She related that the use of the property for that purpose is what she objects to, referring to the packet she provided the Commissioners. She stated that both the City of Jacksonville Mayor, Chief of Police, Mayor of Cabot and Lonoke Prosecuting Attorney have objected on the basis of a safety issue. She stated that the addition of a fourth liquor store in what is a small corner of the County is a concern for her and many of the elected officials. She noted correspondence from those elected officials that she provided to the Commission. She stated that the location is in a curve with a lot of traffic, which is a valid objection to the type of business that is being proposed. She added that she would not have any objection to any quiet business proposed. She stated that the use of the property has not been addressed, which is a valid point, stating her own objection. She stated that she is aware there are issues that are not pertinent to the Planning Commission’s action tonight, but she wanted them to be aware of the planned use. Chairman Gray stated that their purview allows the Planning Commission to look at the land and how it is subdivided and platted, as well as the proposed construction. He stated that the use of the facilities does not fall within their purview or authority. He then answered that the safety issue regarding parking appears that consideration has been given to having one entrance as opposed to having two. Commissioner Herbold stated that when he counted the parking spaces, he only came up with approximately 63 spaces. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. – 7:55 P.M. Mr. Lemons stated that they are making allowances for the drive-thru, explaining that six or seven cars could be accommodated with the drive-thru. He noted that there are 66 spaces not including the drive-thru, adding that by Code they are required to have 72. He then pointed out that approximately 1/3 of the accounted for floor space is storage, which would lower the requirement to approximately 50 spaces. Commissioner Brannen moved, seconded by Commissioner McCleary to approve the site plan for Lot 1, Sears Addition as submitted. MOTION CARRIED. b. 1009 South Highway 161 Residential metes and bounds Petitioner Mr. John Pate offered a revised site plan for consideration by the Planning Commission. The Planning Commission took a break at 7:44, while copies were made for distribution. The Planning Commission reconvened at approximately 7:48. In response to a question posed by Chairman Gray, Mr. Pate related that he had purchased the land from a gentleman that is now deceased, explaining that it was originally purchased in 1964. He offered that it is his understanding that there was a trailer on the property at one time. He stated that other than that no one has ever done anything with the property. He related that it is located on Homer Adkins Drive. He noted that given the location of the City sewer and the manhole, he reviewed with City Engineer Whisker where he could locate a house on the property. He then questioned if he or the City would be responsible for the driveway curb cut. Chairman Gray noted that it would be the responsibility of the developer, then questioned if this was the totality of the property owned by Mr. Pate at this location. Mr. Pate stated that he did not own any further property adjacent to the current boundaries of the property. Chairman Gray clarified that this is not being proposed as a one-lot subdivision but is being requested as a metes and bounds building permit. It was clarified that even though the property has a North Little Rock address it is still located within the City limits of Jacksonville. City Engineer Whisker related that the property has not changed dimensions since the 60’s, noting that it is located at the corner of Highway 161 and Homer Adkins Drive. He then answered that he feels this is the best fit for a house to be located on the lot, noting that Mr. Pate is proposing to face the house off Homer Adkins even though Highway 161 is the actual frontage of the lot. He stated that the house is proposed to be off Homer Adkins for safety reasons, noting 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. – 7:55 P.M. that the front yard setback is 25’, which only leaves a 15’ rear yard setback. He stated that he would consider the rear of the house to be a side yard setback. He added that Mr. Pate had to research plans for a house that could fit the lot. Mr. Pate offered that he picked out a house that would fit the continuity of the neighborhood. He offered a finished rendition of the house with the existing trees on the property. Commissioner Young moved, seconded by Commissioner Herbold to approve the metes and bounds building permit for 1009 South Highway 161. MOTION CARRIED. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 7:55 p.m. Respectfully submitted, _________________________ Susan L. Davitt 7