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95 SEP 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 1995 7:00 P.M. - 8:30 P.M. OPENING REMARKS: Chairman Brannen opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, Bart Gray Jr., and Lester Piggee answered ROLL CALL. Chairman Art Brannen also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT two (2). (The resignation of Commissioner Leslie Belden left eight members who make up the Planning Commission.) Others present for the meeting were City Attorney Robert E. Bamburg, Engineer Receptionist Marci Wilson and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Dornblaser moved, seconded by Commissioner Piggee that the minutes of the August 14, 1995 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. REQUEST TO SET UP PUBLIC HEARINGS: A request was submitted by petitioners Buford Latta, Wilma L. Smith, Jerry Leggitt, Peggy Leggitt, and Louise Bostic that property located from T.P. White Drive to 900 Madden Road be rezoned from its current C-1 zoning to C-3. Ms. Emma Knight represented the item of business informing the Commission that a 300 foot residential buffer will remain off Madden Road. Commissioner Elliott moved, seconded by Commissioner Gray to schedule a public hearing for 7:00 p.m. at the next regularly scheduled Planning Commission meeting of 9 October 1995 for the purpose of rezoning from C-1 to C-3 the property located from T.P. White to 900 Madden Road . MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: General location 1803 T.P. White behind Kentucky Fried Chicken Commissioner Gray questioned whether or not there was a legal description for the tract of land proposed for construction and if the immediate area had previously been platted. After a short discussion ensued it was determined that the land was owned by the Dupree family and has been sold on a piece meal basis during the last five years. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 1995 7:00 P.M. - 8:30 P.M. Commissioner Gray then stated that he has no objection to the proposed construction but would like to have a legal description available so that the Planning Commission could review the setbacks, side yards, and other code requirements of a metes and bounds building permit request. He voiced concerns regarding the piece meal development of the commercial area. Mr. Buster Smith addressed the Planning Commission regarding the request for a building permit. It was pointed out that the site plan provided to the Planning Commission did not provide information found on a survey drawing. Discussion ensued with regard to setbacks with the entrance being off T.P. White Drive. Mr. Smith agreed to change the side yard setbacks to the required 15 feet for this type of development. The point was made by Commissioner Gray that there has been an act of subdividing that has not been brought before the Planning Commission. He stated that there should have been no recordation of deeds without approval from the Planning Commission of tracts on a metes and bounds subdivision unless it is 5 acres or more. He stated that necessary information regarding a northern access is not available because the land has not been properly subdivided. Discussion ensued with some confusion over the proposed northern access and easement adjacent to Kentucky Fried Chicken. Commissioner Gray pointed out that the Planning Commission did not have the right to allow a development which would bring traffic through Kentucky Fried Chicken's property without their permission. It was decided that the item of business would be delayed until later in the meeting when Mr. Smith could return with a survey of the same. REQUEST TO APPROVE PLATS: PRELIMINARY PLAT / JAXON TERRACE SUBDIVISION PHASE VII Mr. Tommy Bond from Bond Engineering represented the item of business. He related that the petitioner Mr. Dick Jones would like to change the name of the subdivision to JAMESTOWN SUBDIVISION. Discussion ensued as to various changes requested by the Office of the City Engineer with regard to a street name change from Jones Street to Puritan Drive as well as lot depth changes on lots 23 thru 32 from 143.92 to 150.00. He then added that the basic geometrics of the subdivision will not change. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 1995 7:00 P.M. - 8:30 P.M. Mr. Bond related that the changes would be made to the preliminary plat and submitted as approved. He presented an amended plat for review which was retained for filing in the Office of the City Clerk. Commissioner Piggee moved, seconded by Commissioner Dornblaser to approve the preliminary plat of Jamestown Subdivision with changes as discussed and submitted in an amended plat. MOTION CARRIED. NON-AGENDA ITEM: Mr. Tommy Bond who serves on the Wastewater Commission related efforts by the commission to develop a sewer plan for future growth which will be a valuable tool for the city engineer with regard to subdivision developments. He stated that it will provide information regarding adequate sewer ability for proposed subdivisions noting approximate acreage of some available areas which could be developme in the City of Jacksonville with regard to future growth for a five year sewer plan. PUBLIC HEARINGS: MAIN STREET REVITALIZATION: City Attorney Bamburg announced that Economic Development would host a meeting Tuesday at 12:00 p.m. 12 September 1995 at the Ramada Inn. He related that the architectural class from the University of Fayetteville will be present to gather ideas and formulate a street scape that will be prepared for the Main Street Revitalization Program. GENERAL BUSINESS: ORDINANCE 1048 (#11-95) City Engineer Reel requested that the following changes be made: Municipal Code chapter 12.24.110, making the minimum requirement for sidewalks 2 feet from the back of the street curb. Municipal Code chapter 18.44.030, adding to conditional uses the term mini warehouses. Commissioner Gray questioned Municipal Code chapter 15.12.050 and the intent of the term permanent foundation. He questioned the fairness with regard to the requirement of a permanent foundation in an R-4 zone which permits a mobile home subdivision as well as a commercial mobile home park. Discussion ensued as to the requirements by FEMA that a manufactured home have a permanent foundation at least 1 foot above the base flood elevation. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 1995 7:00 P.M. - 8:30 P.M. Commissioner Gray expressed concerns in that manufactured homes are not always meant to be permanently placed, pointing out the expense of constructing a permanent foundation or blocking up the mobile structure, installing tie-downs, and removing the wheels. He stated that the intent of the terminology "permanent foundation" needs to be clarified. City Attorney Bamburg offered that the code could be changed to distinguish between regulations for a subdivision of mobile homes and a commercial mobile home park with regard to the term "permanent foundation" or the term itself could be designated under definitions for better clarification. City Engineer Reel cautioned that FEMA's definition of permanent foundation should match that of the City because of ramifications in the event a mobile home that is blocked and tied-down floods. City Attorney Bamburg advised that could be taken into consideration with regard to term clarification while providing protection from anyone being caught in that type of circumstance. Commissioner Gray stated that would address his concerns as long as it did not require an FHA, VA full permanent foundation in a mobile home park. It was the consensus of the Commission that a ruling from FEMA would be sought and that if the ruling is not received in a timely fashion the ordinance would be submitted without that section. City Attorney Bamburg requested clarification from the Commission regarding Section 17.20.060(A)(B) dealing with cul-de-sac length. Discussion ensued regarding Conway's ordinance which stated that a cul-de-sac would serve no more than 44 lots with a maximum length of 1120 feet. Commissioner Dornblaser pointed out that the main concern would be traffic adding that his cul-de-sac is lengthy but serves only a few houses because of the size of the lots. Mr. Tommy Bond commented that the overriding concern is access for emergency vehicles and cul-de-sac radius. Commissioner Elliott reviewed Conway's requirements, adding that he believed that a street length of 650 feet may have an exception if the lot is wider than 90 feet; resulting in bigger lots and a 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 1995 7:00 P.M. - 8:30 P.M. longer cul-de-sac. He stated that they are addressing the maximum number of living units located on a cul-de-sac. Chairman Brannen suggested leaving the code as is calling for the special circumstances to warrant an extension of cul-de-sac length. Discussion ensued regarding Section 17.20.060(B) as to the geometric design problems which occur with a property line radius of no less than sixty feet. Mr. Tommy Bond suggested leaving the dedicated right-of-way for the street at a 50 foot radius and build the cul-de-sac at 47.5 feet leaving a 10 to 15 foot easement around the property for utilities. He stated that a bigger paved cul-de-sac can still be accomplished without increasing the right- of-way width. It was disclosed that this would still provide the needed paved area requested by Fire Chief Ezell. City Engineer Reel pointed out that with a dedicated easement the 11.5 feet used to install utilities will work out the same. Design changes were also discussed as an additional avenue for widening the cul-de- sac. Municipal Code Chapter 17, Section 17.20.060(B) will change to 47.5 foot paved, recommended as a street change under Section 17.24.040. Discussion ensued as to the definition of a manufactured home, Commissioner Gray quoted from page 200 Section 15.08.149 of the Municipal Code Book. He then suggested that the definitions for manufactured homes on page 275 be used to define, while Section 15.08.149 could be used to address flood management. Commissioner Piggee moved, seconded by Commissioner Reed to recommend to the City Council for passage consideration Ordinance 1048 (#11-95) deleting Section 15.12.050. MOTION CARRIED. RESUME REQUEST FOR BUILDING PERMIT: General location 1803 T.P. White behind Kentucky Fried Chicken Discussion ensued regarding the private drive on the north side of the property and the entrances proposed on the site plan. Commissioner Gray stated that if it were an actual lot, meeting with regulations for C-3 development, he felt the petitioner would need to seek an access agreement with Kentucky Fried Chicken, failing that, he stated that a new site plan would need to be submitted with the access only on T.P. White Drive and all vehicular traffic would need to be depicted as occurring inside the lot. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 1995 7:00 P.M. - 8:30 P.M. Mr. Smith related that boundry lines were re-surveyed when it was determined that the proposed construction would not adequately fit within a boundry line that would include half of the private drive. He then stated that he has no agreement for use of the private drive. In response to a question posed by Chairman Brannen everyone expressed consent and agreement with the request of 15 foot side yard setbacks. Commissioner Gray moved, seconded by Commissioner Reid that the building permit be approved prior to the site plan being redesigned for vehicular traffic and parking with access from T.P. White only or get a letter of agreement between himself and Mr. Tommy Dupree with regard to use and access of the private drive indicated on the map before the Commission. MOTION CARRIED. Commissioner Gray related that the Planning Commission should not approve a site plan that would put traffic onto a neighboring piece of property without them knowingly accepting that arrangement. APPOINTMENT: RESIGNATION LETTER FROM LESLIE BELDEN: Chairman Brannen read a letter from Commission Belden relating that she has moved to Fayetteville and will no longer be able to serve as a Planning Commissioner. Chairman Brannen related that a new Vice-Chairman for the Planning Commission, who would also serve as Chairman to the Board of Adjustment, needed to be appointed. Commissioner Rudy Reed declined a nomination for the position. Commissioner Elliott moved, seconded by Commissioner Dornblaser that Bart Gray, Jr. be nominated to be the new Vice-Chairman for the Planning Commission and Chairman for the Board of Adjustment. MOTION CARRIED. DISCUSSION: ADJOURNMENT: Commissioner Dornblaser moved, seconded by Commissioner Piggee that the meeting adjourn at approximately 8:30 p.m. MOTION CARRIED. 6 Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER LEGAL DESCRIPTION of property up for rezoning from C-1 to C-3 along T.P. White Drive owned by Buford Latta, Wilma Smith, Jerry & Peggy Leggitt and Louise Bostic: A TRACT OF LAND LOCATED IN THE NORTHEAST QUARTER (NE 1/4) OF SECTION 17, T-3-N, R-10-W, IN THE CITY OF JACKSONVILLE, PULASKI COUNTY, ARKANSAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID NE 1/4 OF SECTION 17, T-3-N, R-10-W; THENCE NORTH 300 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH, 761.54 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF US HWY 67-167; THENCE N 53 DEGREES 45' E, 166/3 FEET; THENCE N 53 DEGREES 45' E ALONG SAID R/W LINE, 665.2 FEET; THENCE SOUTH, 1145.45 FEET; THENCE WEST, 534.4 FEET TO THE POINT OF BEGINNING; CONTAINING 11.68 ACRES, MORE OR LESS. 7