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96 SEP 09.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 9, 1996 7:00 P.M. - 8:17 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, Art Brannen, Mark Perry, John Hardwick and Jack Patton answered ROLL CALL. Chairman Bart Gray, Jr. also answered ROLL CALL and declared a quorum. PRESENT eight (8), ABSENT (0). (One position is vacant.) Others present for the meeting were Deputy City Clerk Susan L. Davitt, City Engineer Duane Reel, Engineering Secretary Marci Wilson, Parks and Recreation Commissioner Robert Stroud, petitioners, and members of the press. PUBLIC HEARING: Recreational Conditional Use for land adjacent to Dupree Park. Chairman Gray related that petitioner Mr. Byron McKimmey has conveyed that the completed plans are still being formatted for presentation to the Commission. He then asked if anyone present would like to speak regarding the issue. There being no comment, the public hearing was cancelled for later presentation upon request by the petitioner. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Reid to APPROVE the minutes of the Regular Planning Commission Meeting of August 12, 1996. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMIT: Quality Car Wash at 209 Marshall Road Petitioner, Mr. Eugene Brech explained his intention to finance the project with an SBA loan and further explained that the opportunity to achieve this type of loan will expire at the end of September. In response to a question posed by Commissioner Elliott, Mr. Brech related that the car wash facility will feature an automatic drive- thru as well as four self-service bays and a vacuum island. He presented the Commission with a drawing of the completed facility. In response to a question posed by Chairman Gray, Mr. Brech related that he is in the process of purchasing the property from John Haskins, adding that the sale is contingent on a building permit approval. It was noted that Mr. Haskins owns a five acre tract 1 adjacent to the proposed property to be purchased by Mr. Brech. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 9, 1996 7:00 P.M. - 8:17 P.M. Discussion ensued as to the relationship of the property and five acre tract owned by Mr. Haskins. Mr. Brech related that Bond Engineering is preparing the property for a one lot subdivision as advised by City Engineer Reel. It was noted that the property is adjacent to the strip mall on the north and west of the property owned by Mr. Haskins on Marshall Road. City Engineer Reel related that floodway elevations are forthcoming and that property adjustments may be required from Mr. Haskins when they are completed. He related some difficulty in obtaining a property development scheme from Mr. Haskins. It was also noted that all utilities are available. Mr. Brech related that his completed paper work would need to be delivered by September 15th for the SBA loan approval and that a delay would cause the loan to be lost. He related that he would be happy to address any stipulations imposed by the Commission, but that he could not speak for Mr. Haskins who has not wanted to cooperate in the land sale. Chairman Gray reviewed the conditions for the property sale and provisions for submission of the one lot subdivision, adding that the petitioner is seeking a conditional building permit. Commissioner Elliott moved, seconded by Dornblaser that the building permit be approved contingent on the stipulations that a final plat be presented at the next regularly scheduled Planning Commission meeting and that all flood plain concerns be addressed in the final plat. MOTION CARRIED. b. Pizza Hut 1801 T.P. White Drive City Engineer Reel related that Pizza Hut is requesting a building permit for a new facility west of Taco Bell on North First and has obtained an agreement from the Dupree Company to share a common drive access for T.P. White Drive. He related that the parking layout is adequate for the building. It was noted that the side yard setback of thirteen feet did not meet with code requirements and an adjustment to fifteen feet was agreed upon. The representative from Pizza Hut Mr. Robert Cotton, related that a common access shared with Taco Bell was part of the purchase 2 agreement. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 9, 1996 7:00 P.M. - 8:17 P.M. Chairman Gray discussed information necessary to completely describe the property and possible one lot subdivision. Questions concerning the land transfer were mentioned and review of all setbacks as well as parking requirements were noted. Discussion ensued as to the need of a final plat addressing the relationship of the neighboring property and an agreement on the common access easement and maintenance thereof. Commissioner Dornblaser moved, seconded by Commissioner Patton that the building permit request be approved with the following stipulations; an easement agreement as to the common area, side yard setback to meet the minimum requirement of fifteen feet, and provisions of a final plat of the parcel at the next regularly scheduled Planning Commission meeting. Discussion ensued as to construction starts and certificates of occupancy regarding final plat approval. Delay concerns were addressed and it was concluded by the Commission that any building risk before final plat approval rest with the builder. MOTION CARRIED. Discussion ensued as to the difficulty regarding control of the sale of unplatted property. REQUEST TO APPROVE PLATS: FINAL PLAT Pennpointe Subdivision Ph. II City Engineer Reel related that the improvements are completed and letters of acceptance have been received from the Sewer and Water Departments as well as the letter of warranty for the streets. Mr. Penn addressed corrections to the Bill of Assurance regarding stats i.e. lot numbers from the Bill of Assurance for Phase I and particulars dealing with Phase II titled exhibit C. He assured the Commission that a corrected copy of the Bill of Assurance will be delivered to the office of the City Clerk. Discussion ensued as to considerations for the culdesac radius regarding school buses. Commissioner Elliott pointed out that approval was given in the preliminary plat for a one-way circle with no on street parking adding that said stipulation should be included in the Final Plat. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 9, 1996 7:00 P.M. - 8:17 P.M. A question was posed by Commissioner Dornblaser as to whether school busses and emergency vehicles will be able to turn around in the culdesac. Mr. Penn said that an attempt was made in designing the street to accommodate the ladder truck used by the Fire Department. He went on to say that a wrought iron fence, approximately 400', is planned for each side of the main street development with a security gate. He related that in theory the gate would be opened during the day unless security became necessary during those hours. He said that certain persons like mailmen, garbage collectors, etc. would have access to the subdivision. He stated that Lots 1 and 18 will not have access to Main Street. A discussion ensued with regard to the City accepting maintenance for the street. Mr. Penn said that it has been built to comply with standards set forth by the City in hopes that it will be accepted by the same. He related that approval of the Improvement District will come before the City Council at their next meeting, adding that it could be maintained by the property owners. Chairman Gray pointed out that controlled access into a neighborhood limits participation by the public thus making questionable the acceptance for maintenance by the City of Jacksonville. He questioned the responsibility of the Improvement District. Mr. Penn voiced that the sewer pump station belongs to the property owners until a point where the Sewer Department can get a transmission line constructed which will occur when Metropolitan releases the adjacent land. He said that the present system was built so that it could be added to and accommodate Jackson Heights Subdivision. He noted that half the lake will be maintained by the Phase 11 Improvement District. He said that to some degree the Improvement Districts will be combined and mentioned aspects of the common areas. He said that there was a sewer gravity line for the first 21 lots with no costs involved whereas, the second phase has a pump station and will require maintenance. He pointed out that the entrance gate, not included in phase one, will require on-going costs as well. It was pointed out that the pump station responsibility being that of the developer is a first for the Wastewater Department. Mr. Penn related that there will be approximately no operating 4 costs for the first few years, in theory, noting that the cost for CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 9, 1996 7:00 P.M. - 8:17 P.M. electricity is the major factor at this point. He explained that there is a private contract with Carol Self with regard to maintaining the pump station. He stated that the annual maintenance cost is estimated at $1,200.00. He then related that the Wastewater Department owns the lines to the pump station. He said that the department first rejected the project. He pointed out that a special improvement tax will be imposed and that each property owner will receive a statement from the tax collector of Pulaski County with payment made to the district from the collector. Chairman Gray explained that he did not feel the Planning Commission could recommend to the City Council to accept the maintenance of streets that would be exclusive and not available for use by the entire community. Attorney Bamburg explained that there could be no limitations or access control of public street use according to state law. A discussion followed involving setting a precedent with regard to acceptance by the City for streets with private controlled access. He said that the streets are quality built and that he has no problem with them being considered private drives. Commissioner Dornblaser moved, seconded by Commissioner Elliott to Approve the FINAL PLAT of PENNPOINTE SUBDIVISION with the provision that West Point Drive and Edgewater Court be maintained as private drives by property owners, that the culdesac be one-way with no on-street parking, that Lots 1 and 18 have no access on to Main Street, that a corrected Bill of Assurance be presented to the office of the City Clerk as a matter of record, and that the Improvement District be established. MOTION CARRIED. ANNOUNCEMENTS: ADJOURNMENT: There being no further business, Chairman Gray adjourned the meeting at approximately 8:17 p.m. Respectfully, 5 Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 6