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10 SEP 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. – 7:45 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on September 13, 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, and Alderman Howard answered ROLL CALL. Chairman Gray declared a quorum. Commissioner McCleary arrived at approximately 7:01 p.m. PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Jay Whisker, Board of Adjustment Commissioner Leroy Akridge, 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 9 August 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): a. COMMUNICATIONS TOWER PERMIT 2600 Cory Drive Mr. Jerry Feathers related that he is representing the American Tower Corporation and AT&T. He related that American Tower Corporation is proposing to construct a 100’ monopole at the end of Cory Drive. He explained that AT&T will be the tenant. He related that AT&T had complained regarding dropped calls and have been researching a site in that approximate location several months. He noted that the site is a highly wooded area, saying that it is located at the northwest corner of Cory Drive and Redmond Road. He stated that the tower will be constructed in a small area close to a building surrounded by trees. He stated that this location would help to landscape and disguise the tower. He stated that the bottom part of the tower would not be seen from the road, noting that most of the trees are 40 to 50 foot tall. He stated that AT&T has a need for the location because of dropped service. City Engineer Whisker stated that since it has been awhile since the City has received this type of request, he reviewed the tower permit rules, explaining that the only concern would be landscaping. He added that the existing trees can be used to fulfill that requirement. He related that the monopole would allow for four carriers to maximize the amount of users without having additional monopoles. Commissioner Herbold moved, seconded by Commissioner Brannen to approve the tower construction permit as requested. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. – 7:45 P.M. b. MULTIPLE SITE APPROVAL FOR MOBILE BUILDING 1) West Main at 2227 Plantation Plaza and 2) Intersection of T.P. White & James Street. Chairman Gray requested clarification regarding whether the request is one building for two sites or two buildings at separate sites. Petitioner Brent Weeks related that Mr. Lloyd Friedman owns the property at both locations, clarifying that he is requesting buildings for both locations. He added that Mr. Friedman was not certain how long he would lease the location on T.P. White and James Street, adding that location is still in debate. Alderman Howard questioned circumstances regarding the previous site on West Main at Sutherlands that was approved previously. Mr. Weeks stated that he is not completely sure of what happened, explaining that the Water Department had originally approved their locating to the site but then there was a delay on the lease and the Water Department changed their minds because they were not sure what they were going to do with the frontal portion of the property. He stated that when he last spoke with Mr. Simpson, he was told that plans were not finalized so they decided not to lease any portion of the property. Chairman Gray clarified that the proper address on West Main is 2227 West Main in the Plantation Plaza, across from Coleman’s and adjacent to the Peaches parking lot. Commissioner Brannen stated that he has questions regarding the request for the James Street location, noting that because of traffic issues he feels Mr. Weeks’ customers would have to come in off T.P. White and circle around because of the congested traffic already on James Street. He stated that there is at least one accident every month on that corner. He noted the two lane bridge, saying that he does not feel the area could support further traffic congestion. He mentioned the hours of probable operation and Mr. Weeks replied that weekday operations are from 6 a.m. to 6 p.m., adding that he does a greater business in the afternoons than one might perceive. Commissioner Brannen remarked that there is afternoon traffic with school buses and there are two churches with schools. Chairman Gray requested that the sites be addressed separately. He then requested that Mr. Weeks briefly describe his operations. Mr. Weeks related that there would be an 8’ X 8’ building with two access points, one each on T.P. White and James Street. He stated that cars can use one access and then exit by the other, explaining that both accesses could be used for ingress and egress simultaneously in a straight line fashion. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. – 7:45 P.M. In response to a question from Commissioner McCleary, Mr. Weeks responded that their goal is to service each customer within 90 seconds. Alderman Howard confirmed with Mr. Weeks that the building does not have indoor plumbing. Mr. Weeks explained that the buildings do have plumbing but there is no access to City water. He related that water is delivered to the building and gray water is taken away daily. He stated that regarding restrooms, he typically obtains a letter of intent from an adjacent business that allows them restroom access. It was confirmed that James Street would present a difficulty regarding any restroom access from an adjacent business. Mr. Weeks stated that employees would be allowed a break to drive off premises. In response to a question from Commissioner Young, Mr. Weeks stated that they would bore under the concrete to obtain electrical power to the building. Chairman Gray referenced the 2227 West Main site, questioning if he had a preliminary lease agreement with the owner. Mr. Weeks stated that Mr. Friedman was waiting for approval before going forward with the lease. Chairman Gray noted that any approval would be contingent on a lease. City Clerk Susan Davitt confirmed that Mr. Friedman had supplied an email granting Mr. Weeks authority to submit an application for a mobile building on his property. In response to a question from Commissioner Young, City Engineer Whisker confirmed that the request would involve landscaping considerations. He stated that since the building is 8’ X 8’ he had spoken with Mr. Weeks about providing landscaping around the West Main sign. He pointed out that there is a main sign in front of the Plaza that list all the businesses surrounded by asphalt. He stated that his recommendation to Mr. Weeks was to provide a 10’ wide landscaping around that signage. He explained that Mr. Weeks’ building would line up with the signage and landscaping. He then noted that this would provide an aesthetic look as well as the additional benefit of keeping traffic from hitting the sign. He went on to explain that his goal regarding the landscaping recommendations was to make it feasible for all concerned. Commissioner Young stated that in addition, he would suggest some type of planters on the side of the building that would not be used by the cars. He noted that it would root the building and offer a better appearance. Mr. Weeks agreed to that recommendation. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. – 7:45 P.M. Chairman Gray stated that the landscaping recommendations are not easily visualized, adding that he would trust City Engineer Whisker’s judgment regarding the final setting of the building if approved. City Engineer Whisker stated that code states that if there is reconstruction or improvements there has to be a small percentage thereof of the contract, explaining that from that he derived six (6) percent. Alderman Howard moved, seconded by Commissioner Keaton to approve the request for a mobile building to be placed at 2227 West Main, Plantation Plaza as requested. MOTION CARRIED. 2) Site location at T.P. White and James Street: Commissioner McCleary stated concerns for traffic coming off the James Street access and into the cross traffic. Mr. Weeks stated that he parked and observed traffic seven or eight times at various periods of the day. He related that traffic conditions would have to be good for him or it would be a waste of his time to establish a business there. He stated that he observed a few times where it might be more difficult, adding that he has not seen more than two or three times where it becomes that congested. He stated that there is not any problem with getting onto the site; he understands Commissioner McCleary’s concern is leaving the site. He stated that he is sure traffic will be able to get back out. He reiterated that he has only observed a couple of times where the cross traffic would be congested, adding that such traffic conditions are the same almost anywhere. He assured the Planning Commission that traffic conditions would have to be feasible or the site would not be of any value to him. He explained that it costs him approximately $5,000 to locate or move a building on or off site, adding that he does not have that kind of money to waste. He additionally offered that he had observed the traffic for three consecutive mornings and did not see where he could not have gotten back into traffic. He then noted that both accesses are large openings, surmising that the openings are between 35’ and 40’ wide, including the radius it is larger than 40’ on both sides. He noted that he would fix the pothole on the James Street side of the parking lot. Chairman Gray referenced the site drawing, saying that it represents the current streets, right-of-way, and parking asphalt area. Mr. Weeks offered that the drawing is not 100% accurate, explaining that there are some small curves at the end. He offered that it is 98% accurate to his ability. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. – 7:45 P.M. In response to a comment from Commissioner Young, Mr. Weeks related that he would like to put some of the landscaping to the front of the lot. He then answered that he would not want to be required to reseal the parking lot. He stated that he is not certain of Mr. Friedman’s plans, noting that he may intend to construct a larger building to the rear of the lot. He related that he is sure Mr. Friedman would remove the trees and completely reconstruct the parking lot. Alderman Howard questioned if Mr. Weeks had any plans of constructing a privacy fence behind the building. Mr. Weeks stated that he had not thought about that but added his building would be at least 100’ from the residential area. He went on to say that if a separation is required he would rather do it with plantings. Alderman Howard noted that prior approval regarding this lot was for Mr. Friedman to construct his real estate building, adding that at that time Mr. Friedman had agreed to construct a privacy fence. Commissioner Brannen noted that while there is commercial property across the freeway, this would be the only commercial property on this side. He reiterated his concerns regarding traffic as his main concern, pointing out that he believes between 3:30 p.m. and 5:00 p.m. the traffic would be difficult for this piece of property. Commissioner Ott questioned and City Engineer Whisker concurred that zoning is compatible for this business. City Engineer Whisker recalled that the property was rezoned to C-2 for Mr. Friedman’s business sometime back. He recalled that Mr. Friedman had wanted to place several businesses on the lot in a small shopping center type development. In response to a question from Commissioner McCleary, Mr. Weeks related that he had observed traffic on several occasions in the morning, at lunch time, and also in the afternoon. He added that he did not observe a time when he could not have gotten back out into traffic. Commissioner McCleary assured Mr. Weeks that while the City wants new businesses, they have to make sure there will not be a traffic jam at the signal. Mr. Weeks agreed that it would not be a good situation for his business either. He reiterated his feeling that this site will not be as long-term as he would like but more of a temporary situation regarding Mr. Friedman’s plans. He estimated that he would probably be at the site for one or two years. He explained that he is hoping to establish enough business so that if he moves across the road, the business will follow. He related that there is a lot on the other side of the freeway he has researched for future location. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. – 7:45 P.M. Commissioner Young questioned if there is a requirement regarding the distance between the drive to the intersection. City Engineer Whisker stated that it depends on the intersection, adding that if it is a major road, the distance is 300’. He went on to point out that these accesses have existed since he has been City Engineer. Commissioner Young stated that the left turn to exit back onto T.P. White from this site would be the most dangerous, noting that there is easy access onto the site. City Engineer Whisker stated that he would not disagree; pointing out that there have been businesses at that location in the past, under the same conditions that Mr. Friedman plans to use it in the future and will want to continue to use the same accesses. He offered to his recollection the hardest exit would be from T.P. White to turn southbound on James Street, saying that a vehicle would have to cut across another lane of traffic to make a right hand turn. Commissioner Brannen pointed out that the only business located there previously was a real estate business, adding that the traffic generated from that business would not be the same as from this type of business. Discussion ensued as to other businesses that were located at the site over past years. Commissioner Keaton suggested a right turn only onto James Street. City Engineer Whisker stated that most times during the day, possibly excluding the 5 p.m. hour, it is an easy turn to make. He then noted other times when it might be more difficult might coincide with the shifts at the Hospital. He offered that he has observed around 5 p.m. when he is going home, that T.P. White backs up possibly six cars, causing a wait to make a right in or a right out. He added that he feels it is like most traffic, motorists adapt. Commissioner Young suggested a sign reading “right turn only between hours of 6 a.m. and 9 a.m.,” pointing out that this would meet the responsibility of addressing difficult traffic times. Discussion ensued regarding the zoning of the lot and allowable businesses that would fit that zoning, which could be operated on that lot. Chairman Gray clarified that any restrictions regarding traffic flow would need to be addressed prior to the investment of a business owner. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. – 7:45 P.M. Mr. Weeks offered that he would comply with any requirements or restrictions. In response to a question from Commissioner Young regarding use of the property for this type business, particularly when the drives do not comply with intersection distance codes, City Attorney Bamburg recalled that there has not been a building on the lot for ten plus years. City Engineer Whisker noted that the building was removed in 2000. City Attorney Bamburg stated that concerns for traffic patterns, flow, and congestion are legitimate; regardless of the zoning. It is a factor that has to be considered when any business or property use is considered. He then offered and confirmed with City Engineer Whisker that a traffic study was performed by the Highway Department regarding James Street two years ago that might provide helpful information in making a determination. He noted that current code provisions do not allow ingress and egress to be within 300 feet of a major intersection. In response to a question from Mr. Weeks, Commissioner Young related that he is uncomfortable with both accesses having left turns across oncoming traffic. He offered that right turns from both access leaving the site would make for a better traffic flow and address safety issues. Mr. Weeks reiterated that he has observed the traffic flow on several occasions and does not feel that it would be a dangerous turn. Commissioner Young pointed out that location of the drives does not meet City Code regarding distance from the intersection. Mr. Weeks suggested that “right turn only” signage be placed on the access on T.P. White. Commissioner Young confirmed that he feels both left hand turns are dangerous. Commissioner McCleary noted that a vehicle turning left on James would have to cross over as many as three lanes of traffic before the bridge turns into two lanes, remarking that the area is congested. Commissioner Young and Commissioner McCleary assured Mr. Weeks that while the Planning Commission wants to approve his request, they do not want to approve something that does not meet City ordinance. City Engineer Whisker suggested that the Planning Commission may want delay action pending consideration for the 300’ distance requirement or right hand turn lanes. He then mentioned that the petitioner could return with a different site plan. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. – 7:45 P.M. Discussion ensued regarding directional options for vehicles making a mandatory right hand turn exiting the site onto T.P. White Drive. It was then noted that Martin Street is located almost directly across from the site within 50’. In response to a question from Commissioner Ott, Chairman Gray stated that any restrictions on the petitioner would reflect back to the property owner. Mr. Weeks stated that he did not feel that there would be room to create an access 300’ from the intersection. Chairman Gray suggested that the item be tabled, offering the Commission time to visit the site and observe the area traffic flow. He stated that there is a desire to help approve the request subject to considerations that would ensure safe traffic flow. Commissioner McCleary moved, seconded by Commissioner Howard to table the item of business pending further considerations until the next regularly scheduled Planning Commission meeting. MOTION CARRIED. GENERAL: ANNOUNCEMENT: Chairman Gray related that the Jacksonville Planning Commission has been charged with the responsibility of overseeing the Land Use Map, including the Master Street Plan and other master overlays of the community. He stated that the Planning Commission will conduct a public hearing at it next regularly scheduled Planning Commission meeting regarding the Land Use Plan with a review of the areas considered for annexation. He related that Land Use recommendations will be forwarded to the City Council for adoption, including changes to the existing Land Use Map as well as recommendations for the proposed annex area. City Engineer Whisker reviewed the areas included in the North and South annexation. ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 7:43 p.m. Respectfully submitted, _________________________ Susan L. Davitt