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99 FEB 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. OPENING REMARKS: Chairman Walker opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Dana Nixon, Bart Gray, Jr., Art Brannen, Lester Piggee, Mark Perry and John Hardwick answered ROLL CALL. Chairman Bob Walker also answered ROLL CALL and commented that Mr. Ken Nabors has been appointed as a new Planning Commissioner and declared a quorum. PRESENT seven (7), ABSENT (1). Others present for the meeting were City Attorney Robert E. Bamburg, Marci Wilson, Aldermen Gentry, Alderman Elliott, Mr. Billy Bowles, petitioners and members of the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Piggee that the minutes of the January 11, 1999 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. PUBLIC HEARINGS: Conditional Use Request for a Special Events Facility at 1412 Graham Road At approximately 7:04 p.m. Chairman Walker opened the public hearing. Due to a conflict of interest, Commissioner Nixon excused herself from participation as a Planning Commissioner. Mr. Wally Nixon related the desire to use the farm at 1412 Graham Road as an events facility and offered a set of adopted rules and regulations comparable to similar facilities. He said that the proposed regulations cover the types of use for the property, adding that principally it will be used as a location for events and not as an over-night usage facility. Mrs. Dana Nixon related that the set of rules and regulations is extensive and derived directly from like sets of rules such as the Trapnall Hall, the Womens City Club, and Marlsgate. She stated that only approved Health Department caters will be used. She stated that alcohol can only be served for a three-hour time period and they will reserve the right to stop the serving of alcohol any time and/or limit the number of people invited to use the facility. She related that dancing will only be permitted in one portion of the area, adding that the dance floor will be located such that it will not impact neighboring subdivisions. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. In response to a question from Commissioner Piggee, Mrs. Nixon stated that the property consists of 120 acres and the house is four thousand square feet, adding that the gardens are behind the house and have hosted up to 350 people with no impact on the surrounding neighborhoods. She related that the trees, plants and scrubs buffer noise and provide privacy. She related that previously the property has been used for parties and weddings, adding that they would like to turn it more into a business. She related that her intent is to make it the best gardens in the State with sufficient income. She stated that staff members will always be on site during any event and related the desire to make it a beautiful and well-respected facility. She then related the desire to use the house for board retreats, small business meetings, cocktail and dinner parties and family reunions. She said that her thinking is that the gardens can be used in the summer and the house in the winter to increase facility income. She related that while this is the first request of its kind she feels that it will add to the dimension of availabile facilities for the City of Jacksonville. In response to a question from Commissioner Brannen, Mrs. Nixon related that the rules and regulation provide against fire hazards such as fire works and that lighting additions will require written approval. She related further that security requirements call for one off-duty policeman per every seventy guests. In response to a question from Chairman Walker, Mrs. Nixon related that without catering she is not required by the Health Department to have a permitted kitchen. She then said that the rules and regulations also provide for sanitary facilities. Chairman Walker closed the public hearing at approximately 7:14 p.m. Commissioner Gray moved, seconded by Commissioner Perry to grant the Conditional Use of an events facility for the property located at 1412 Graham Road. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. REPLAT Belz-Burrow Commercial Addition being a replat of Plot 4 and 5 of the LRAFB main gate development area. Mr. Dennis Zolper of Belz-Burrow Development related that the replat will accommodate for the development of a Wal-Mart Supercenter approximately 219,000 square feet located on John Harden. He related that the revised replat represents a 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. requirement from the Highway Department that the main drive be moved 300 feet south to improve the traffic flow on John Harden and further away from the on-ramp. He related that the second drive will come in from Parrish Street, adding that requirements have increased the radius. He related that the property will have two out-lots each slightly over one acre. He detailed traffic improvements for John Harden that includes a left turn lane to be constructed at the cost of the developer and traffic signalization at the main access. He related that drainage and traffic plans have been submitted to the City Engineer and that the layout of those plans has been approved by the City. Mr. Zolper presented concept plans for the landscape buffer and related that it will be located behind the building and run the full length of the building. He related that the buffer will consist of an earthen berm with planted trees and a wooden privacy fence at the top of the berm. He related that the berm will actually be located on the developer's portion of the vacated right-of-way of Bailey Street. He stated that closing and vacating Bailey Street will be addressed at the next regularly scheduled City Council Meeting of 18 February 1999. He related possible efforts to widen and heighten the berm on the south end, near Mr. Bowles house, to enhance its sound proofing qualities and visual aesthetics. In response to a question posed by Commission Brannen, CEI Engineer Mr. Chris Rodgers related that as a result of a detailed study of the creek and floodway; a detention pond will be constructed to handle run-off from the site plus run-off from the subdivision at a controlled release rate. He said that this will help mitigate down stream flooding in the creek. He related that a concrete weir in the pond has been designed for a two, five, ten, twenty-five, fifty and one hundred year flood, adding that at each stage they have managed to alleviate down stream flooding which also helps prevent flooding in the subdivision to the west. He related that the pond will remain dry until there is rainfall and that the intent is a dry detention basin without standing water adding that this will help prevent any hazards to children. Mr. Zolper then related that the area to the north of the development is being converted into a wetlands and that it will be re-planted to an actual wetland setting which has been approved by the Corps of Engineers. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. City Engineer Reel related that the floodway is slightly wider than the creek and that the drainage plans which were also presented to the Corps of Engineers and FEMA show how flooding will be controlled, adding that it has their blessing thus far. He related that drainage has been addressed such that it will not change anything down stream unless it makes it slightly smaller. He stated that the proposed drainage plan shows the elevation of the floodplain to be lower as the flood way runs pass Stonewall, Pinon Lane and to the railroad by a few tenths. He related that he is comfortable with the drainage plans, adding that they are very thorough and comprehensive. He related that the plans were designed by a hydrolysist from Tennessee who is working with Jonesboro on their floodplain problems. He then related that he has also spoken with him regarding a possible contract with the City of Jacksonville for conservative areas that require property owner flood insurance. In response to a question posed by Commissioner Gray, City Engineer Reel related that his original traffic concerns for a two-lane facility were redesigned with a third turning land and traffic signals, adding that they have satisfied his requirements regarding any northbound traffic concerns. In response to a question posed by Commissioner Hardwick, City Engineer Reel related that right-of-way constraints will not allow for the same type of traffic flow designed for the Wal-Mart in Sherwood. He related possible small problems regarding traffic as it moves toward James Street. He stated that it is a two-lane bridge facility across James Street and on toward the freeway, adding that he did not know if this would present a problem because of the distance from the development. He said that there would be increased traffic going down to James Street that would probably cross the bridge to get back on the freeway to go north or south. He related that if it becomes a problem the Highway Department may have to look at it adding that it may require participation from the developer to help that traffic flow. Commissioner Hardwick questioned controls that would ensure participation from the developer if there was a problem. City Engineer Reel related there would need to be an understanding that if traffic becomes a problem and the Highway Departments finds it to be a problem; the developer would have to be involved in sharing that expense with the Highway Department to alleviate. He then related that enforcement of this issue would rest with City Attorney Bamburg. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. City Attorney Bamburg related that the City would have to enter a written agreement with the developer to address cost if assessed by the Highway Department. He said that he assumed that if the Highway Department did assessed such, it would only be after traffic counts and recommendations from City Engineer Reel. In response to a question from Chairman Walker, City Engineer Reel said that he feels very comfortable with the traffic plans, adding that the drainage plan is very sophisticated and he has total confidence in it. He stated that he feels comfortable working with the contractor and that given what he has learned from the contractor he feels there will be minimum impact to the neighborhood. Discussion ensued as to a Bill of Assurance and it was related that assurances from Belz-Burrow would be handled in writing before the building permit is issued. Mr. Gale Campbell questioned authority of the City to enforce a Bill of Assurance. It was noted by Commissioner Gray that assurances would need to coincide with the building permit and permit of occupancy which is controlled by the City. He related that material construction would be controlled or occupancy could be withheld. Mr. Zolper related that a complete set of plans including landscaping will be submitted to the City and that the landscaping plans will set forth the type of tree, size and location, type of sod and where it will be placed, width and height of berm, fence height. He stated that the development group is not trying to sneak anything by the City. He said that they expected Mr. Reel to make the development group build according to their plans. He related that the contractor understands this. Alderman Fletcher related that the authority of a builder will not supersede what the City feels is best. A detailed discussion ensued regarding Commissioner Nixon's landscaping concerns for the front of the development and its view from the freeway. Mr. Zolper related that aside from the landscaping plans behind the development there will be five acres of wetlands to the north of the development. He related that the Corps of Engineers have approved the wetlands. He then related that because of the City's parking requirements (5.0) and Wal- Mart's (5.04) there would be little room for tree inserts in the Wal-Mart parking area, adding that the two out-lots could carry 5 stipulations for green areas when their development is requested. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. He said that the City of Jacksonville does not have a green ordinance, and pointed out the green area on the outline of the development. He related that usually the out lots are sold within six months to eighteen months from the time they break ground. Discussion ensued as to stipulations for approval being contingent on landscaping requirements for the out-lots. Mr. Zolper said that the green space stipulations would be acceptable, however, they would like to know as soon as possible. Commissioner Nixon noted that the out-lots would take in the viewing area from the road. Mr. Zolper asked that stipulations not include tall trees or consume half the lot. Commissioner Nixon suggested a tour of the Chenal area for an idea of how berms and trees are handled in an out-lot development, adding that she would also like to see work for a green ordinance. Discussion ensued as to the formulation of a green ordinance. Mr. Zolper related that even without a green ordinance the Planning Commission could suggest to developers what is desired in the way of green space. Commissioner Gray related that even with present re-plat approval, out-lot requirements could be resolved at a later date. Commissioner Hardwick formally suggested that the out-lots carry stipulations for as much green space as possible. Mr. Zolper pointed out that there is five acres of green space that will be aesthetically pleasing and very viable from the hill. He related that they like trees too and will honestly try to fulfill all requirements. Commissioner Piggee moved, seconded by Commissioner Gray, to approve the re-plat of Belz-Burrow Commercial Addition (being a re-plat of Plot 4 and 5 of the LRAFB Main Gate Development area), with the following conditions: 1) use of approved construction methods and materials, with materials to be similar to existing Wal-Mart facility; 2) attention to use of green space on outlots; 3) use of approapriate fencing material(s) and landscape materials in rear of property; 4) approval of and participation in cost(s) and modification(s) to existing traffic facilities should development of property cause additional traffic congestion not already identified; 5) approval of all applicable regulatory agencies; and, 6) all other applicable terms and 6 conditions as identified by City Engineer. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. b. REPLAT Phase II replat of Plot 7 LRAFB main gate development area. Chairman Walker recognized Mr. Tommy Bond related that the property is located on T.P. White Drive between Gwatney and Pizza Hut. He said that the request is to split the property into two lots for the proposed development of an insurance office on Tract 7 D-1 of Lot 7D. Commissioner Hardwick expressed frustration regarding previous request to the property owner for a plat of all the property instead of each lot separately. Mr. Bond related that it is his belief this is the last two lots for re-plat. Commissioner Hardwick related adequacy concerns for an 80-foot lot which is only adequate with the consideration passed by the Board of Adjustments for a variance to the side yard setback. Commissioner Brannen mentioned stipulations from the Board of Adjustment that the property was to have one access only. Commissioner Brannen moved, seconded by Commissioner Piggee to approve the Re-plat of Phase II replat of Plot 7 LRAFB main gate development area with stipulation property have one access only. It was clarified that the access easement is a common drive that leads to an access easement to North First and is stipulated to exclude that portion of the drive along Aaron's Rental to North First. MOTION CARRIED. c. SKETCH PLAT of Parkview Subdivision Chairman Walker recognized Mr. Tommy Bond who related that the subdivision is located next to the Overview development and almost to South Redmond Road on the east of the property. He related that it joins Dupree Park and a 20-acre tract on the west. He related that there will be an access in the northeast corner and that the 20-acre development consists of 90 lots. He related that with regard to further development the southwest corner on the backside is located in the floodplain. He stated that there would be not a problem for fire equipment and that the one lot retention design would adequately handle drainage. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. In response to a question posed by Commissioner Brannen, City Engineer Reel related that he feels with future development to the south and west area the proposed access will handle traffic flow including access from Trickey Lane. Commissioner Gray moved, seconded by Commissioner Piggee to approve the Sketch Plat of Parkview Subdivision as requested. MOTION CARRIED. d. PRELIMINARY PLAT for Northlake Subdivision PH VII Mr. Tommy Bond related that PH VII is a portion of the entire plan development in 1978. He related that this section will require a pump station that will serve many lots for the future. It was noted that none of the lots in PH VII is in the floodplain. Commissioner Gray moved, seconded by Commissioner Nixon to approve the Preliminary Plot of Northlake Subdivision PH VII. MOTION CARRIED. DISCUSSION: Chairman Walker introduced an item of business requested by Belz- Burrow to grant a variance of use for C-2 in a C-3 zone to be located at 2000 John Harden Drive for the proposed Wal-Mart development. He said that they have requested a special meeting prior to the next regularly scheduled Planning Commission Meeting. It was the consensus of the Planning Commission that other issues ready to be addressed in the development should be included in the agenda for the special Planning Commission meeting. Discussion resulted as to the presentation of a preliminary plat and the final agreement of conditions to be drafted by the City Attorney either prior to the special meeting or directly there after and from conditions as set forth during the special meeting. It was noted that further improvements would be presented at the time of the building permit request regarding waterline and sewer tie-in. City Engineer Reel related that the next item before the Commission will be the plot plan with regard to the building permit procedure. Mr. Rice suggested that given time considerations the special meeting be held 22 February 1999. 8 It was the consensus of the Planning Commission that the special meeting is set for 7:00 p.m. on 22 February 1999. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 8, 1999 7:00 P.M. - 8:50 P.M. REQUEST/STREET OR ALLEY CLOSING: GENERAL: ANNOUNCEMENTS: ADJOURNMENT: At this time Chairman Walker adjourned the meeting at approximately 8:50 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary CITY CLERK-TREASURER 9