Loading...
99 MAR 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 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: Ken Nabors, Bill Corroum, Dana Nixon, Bart Gray, Jr., and Mark Perry answered ROLL CALL. Chairman Bob Walker also answered ROLL CALL and declared a quorum. PRESENT five (5), ABSENT (3). Others present for the meeting were City Attorney Robert E. Bamburg, Melissa Reedy, Mr. Gale Campbell, petitioners and members of the press. PUBLIC HEARINGS: Conditional Use Request for a Community Facility at lot 5, 6, 7, and 8 Galloway Addition addressed as 201 Elm Street for use by the Jacksonville Care Channel At approximately 7:04 p.m. Chairman Walker opened the public hearing. Mr. J. C. James related that the Care Channel desires to construct a new building that would better suit their needs and allow for plans to include extended services. He related that the property is located between two churches on North Elm Street, adding that the building would be metal with brick trim and would house all the Care Channel's needs plus allow for future expansion. At approximately 7:07 p.m. Chairman Walker closed the public hearing. Commissioner Gray clarified that the conditional use is for the operation of the Care Channel in a R-1 zone, adding that the building to be constructed will not be a residence. He stated that the variance will allow a non-residential constructed building in an R-1 zone to be use by the Care Channel for their operations. He related that should the Care Channel sell the property its Conditional Use Variance will not extend to the new ownership. He related the request from a neighboring church that the building be placed further back than the normal building line. Mr. Dean Wilburn Director for the Jacksonville Care Channel related that as yet there are no plans available but said that the lot is 100 feet wide and 284 feet deep adding that the building will be 60 ft. wide and as long as they can afford to extend. He stated that they plan to set the building back at least 45' to allow for a front parking lot and a road leading around the rear 1 for unloading. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. He stated that the front of the building would have columns and brick trim. Commissioner Gray request that the Commission be allow to view plot layout prior to building permit approval. In response to a question posed by Chairman Walker, Mr. Wilburn related that there is a church parking lot built on the alley from Center to Hickory Street. He said that there is no indication that there was ever an alley located there. Discussion ensued as to if the alley would require closing. City Engineer Reel related that lots 6 and 7 are 142 feet deep with a sixteen (16) foot alley. He then related that both churches are built over the alley. Further discussion revolved around the need to close the alley with Assembly of God and Care Channel owners’ approval. In response to a question posed by Commissioner Perry, City Engineer Reel related that Hickory Street which dead ends into Sunnyside Addition will not be built. He then related that property located on the south end of Hickory Street has been sold. Discussion ensued as to the closing of the alley and Hickory Street, which would provide an additional 25' for the Care Channel. Commissioner Gray stated that the provisions of a Conditional Use as granted to the Jacksonville Care Channel allows for construction of what will be considered an unusual single family residence and that until such time the Land Use Plan or zoning is changed, it can only be use for the intended variance to the Care Channel, or as a single family residence and cannot be sold or operated as a business without a further variance. Commissioner Gray moved, seconded by Commissioner Corroum that the Conditional Use be granted subject to the proper closing of streets and alleyways in the property area with review of the plot plan prior to any construction. Chairman Walker emphasized that its use as a business would cease if the property were sold and that the new owner would either need to rezone the property or apply for a Conditional Use Variance. Commissioner Gray related that as a Conditional Use it is considered as a Community facility. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. In response to a question posed by Bill Rosnett Board President of the Jacksonville Care Channel, Chairman Walker related that if or when the property is sold its use reverts back to residential and the new owner would need to either seek a variance for other than residential use or have the property rezone. At this time the MOTION CARRIED. DEVIATION IN AGENDA: Presentation of Service Award/Past Planning Commissioner Rudy Reid Chairman Walker recognized Mr. Rudy Reid for six years of service to the Planning Commission as a Commissioner. He presented Mr. Reid with an appreciation plaque for service from January 1993 to January 1999. RESUME AGENDA: REQUEST TO APPROVE BUILDING PERMITS: Wal-Mart Supercenter at 2000 John Harden Drive The Commissioners reviewed plot plans presented by Mr. Zolper. City Engineer Reel related that the plot plan shows the entrance to be moved south from the on-ramp as requested by the Highway Department and the City Engineer's Office. He then related that the building plans have been reviewed by an independent architect for comment and the Fire Marshall will give final approval for the sprinkler systems and fire suppressants. He stated that the development complies with the Southern Building Code and requirements from the Fire Marshall. He concluded in saying that the plans have met with all requirements. In response to a question from Chairman Walker, Mr. Zolper related that the final design for the rear of the property is a berm and privacy fence. He described the design of a concrete swell for drainage considerations and stated that the berm will be four (4) feet on the south end with an eight (8) foot fence with gradual elevation to twenty (20) feet on the north end including the height of the fence. He stated that seventy (70) 10 gallon Wax Myrtles and Americans Holly are planned for the berm area, which will be sodded to prevent erosion. He stated that he feels the final product will be more than adequate for screening, noise, and aesthetic considerations. He then stated that Belz-Burrow has no problem accepting responsibility for the fence maintenance. He 3 said that an easement has been granted by Belz-Burrow to a property owner for a driveway, which encroaches on the development. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. In response to a question posed by Commissioner Gray, Mr. Zolper related that the building design is split face block similar to the existing Wal-Mart but with more of a defined entrance and no metal buildings. City Engineer Reel responded to the Commission, saying that verbal approval has been received from the Highway Department, Corps of Engineers, and outlying agencies. He answered that his requirements are satisfied as well. Commissioner Gray moved, seconded by Commissioner Nabors that the building permit for Belz-Burrow be issued. Commissioner Nixon requested that the signed agreement be a contingency in the motion. Commissioner Gray moved, seconded by Commissioner Nabors that the building permit for Belz-Burrow be issued with attachment of the draft agreement to be included and conditioned. Mr. Rice addressed the draft agreement saying that there is no problem with page one or sub-paragraph a) on page two. He related that sub-paragraph b) second line "shall be preserved and utilized throughout the development of the Shopping Center" be changed to read "shall be utilized in the development of the Shopping Center." He explained that in order to prepare the site there is nothing to preserve, adding that it has to be taken out and replaced. Discussion ensued as to green space requirements for the outlots as outlined in subsection b) which uses reference to the Little Rock Municipal Code requirements. City Attorney Bamburg focused on requirements for the outlots, adding that Little Rock requires 5% of the development for green space which has been met with the 5 acres of wetlands. Mr. Zolper asked for specific outlot green space requirements, explaining that if the lots are sold to other developers they will still come before the Planning Commission for site development approval. He stated that Belz-Burrow will require approval rights for landscaping plans if they sell the outlots. He said that he is agreeable to the wording "reasonable" but needs to know exactly what the City may require. He stated that the unspecific nature makes it hard for him to plan or let someone else know what is 4 expected. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. City Attorney Bamburg stated that his understanding was that landscaping consideration for the 67/167 vantage point was to insure there are green areas prior to construction and he recalls discussion that it would be similar to the Wal-Mart area in the Chenal and Bowman Curve area. He stated that it is his understanding that they are familiar with the setup. He said that he is not looking at provisions of the Municipal Code that do not apply in these circumstances but the ones that apply to the discussions and conditions that were placed on the approval of the replat. Mr. Zolper stated that he did not recall as a development company agreeing to a design similar to the Chelan/Bowman Wal-Mart. Commissioner Nixon related that she did not recall discussion specifically mentioning the Wal-Mart itself, but the general Chenal area was discussed. She said that "reasonable" may be defined with reference to the Little Rock Code and stated unwillingness to leave it vague. She related that the development has went through thus far without any trees in the parking lot and that it will be an eye sore, adding that she is not willing to approve with a vague promise of a undefined limit to green space on the outlots. Discussion ensued as to work on agreeable language for the draft agreement and City Attorney Bamburg stated that if needed it could be brought back to the Commission in April. Commissioner Nixon agreed to have it back before the Commission at the April meeting. Commissioner Corroum stated that regarding the appearance of the development he feels it will be a better use of the property than Jim's Automotive. Commissioner Nixon responded that previous discussion was very clear regarding greenery and screening for the outlots being visible from the freeway. She stated that it was agreed upon, adding that it was not said that the Little Rock Code would be used as reference but it was discussed that there would be a trip to the Chenal area which did not materialize. Mr. Zolper stated that he has no problem with the requiring green 5 space on the outlots but that he does not know if his definition of "reasonable" is the same as the Commission's definition of "reasonable." He stated that he too would like more specifics regarding green space requirements before marketing the outlots. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. City Attorney Bamburg related that it was noted in talking with Mr. Rice and Mr. Zolper that the Little Rock Municipal Code has a provision stating that 5% of the overall property site has to be preserved in the development to maintain green space and landscaping. Discussion ensued as to the requirement of 5% landscaping for the outlots and it was calculated to be equal to slightly over eight (8) feet of frontage landscaping. Mr. Zolper agreed that eight (8) to ten (10) feet would be "reasonable." General consensus was that a ten (10) foot minimum be required on outlot green space. Mr. Rice noted that in subparagraph c) the developer cannot control delivery schedules or the operations of the store. Mr. Zolper related that all lighting in the rear of the store will be shielded away from the neighborhood. Mr. Zolper related that the current Wal-Mart manager has agreed to work on operational unloading at the docks so as to minimize disturbance to the neighborhood. Mr. Rice also noted that in subparagraph d) should be changed to read: "Developer agrees to fully implement the traffic plan approved by the Jacksonville City Engineer and the Arkansas Highway and Transportation Department, including the widening of John Harden Drive to three lanes between Vandenburg Blvd. and Gregory Street as shown on said traffic plan and the installation of an electronic traffic signals on John Harden Drive and caution lights on Gregory Street in the area of Dupree Elementary School." Discussion ensued as to participation in the cost(s) and modification(s) regarding future traffic concerns as a direct result from the development. Commissioner Gray pointed out that the widening of Loop Road could be attributed to the current Wal-Mart development and questioned 6 if the developer shouldn't have shared some of the cost. He stated that he assumed that everyone understood that there is a future risk for all parties regarding extra-ordinary expense from traffic concerns. He asked that it be placed in the agreement so that it might be revisited if necessary. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. Mr. Rice stated that regarding landscaping all concerns need to be specifically defined and not left open ended. Commissioner Gray related that a definite figure might be an unfair assessment, adding that the community investment needs to be protected. He stated that sometime in the future traffic concerns could be address and cost shared. He said that if the development were to impact traffic then the developer would need to share in the responsibility for correction. Mr. Zolper stated that he was under the impression that traffic concerns were the reason a traffic study was conducted and recommendations from the Arkansas Highway & Transportation Department were made regarding the development and implementation of a traffic plan for widening of John Harden and traffic signalization. He stated that he thought these were considerations regarding the preliminary plat and considerations before the City Council. He related concerns for what might be determined a problem in the future and who might be a contributing factor and how this determination would be made and by whom. He questioned how it can be distinguished and who makes that determination for the City of Jacksonville. He mentioned factors of natural growth or another development creating the potential for controversy and ill will where everyone will be pointing the finger at each other. He questioned the time factor for such a determination. Further discussion ensued regarding the time factor and distance and it was determined that working with City Attorney Bamburg a time factor and distance be reached to satisfy all parties. City Attorney Bamburg stated that he could not agree to recommend that the paragraph d) be taken out or severed in such a manner as to include only those items mentioned in the State Highway Study. Mr. Rice related the need for more time to work a middle ground in subparagraph b) regarding mutually acceptable language. He then noted that he thought subparagraph f) was already covered in subparagraph e). 7 City Attorney Bamburg noted subparagraph f) referred to a letter written by City Engineer Reel regarding specifications primarily dealing with traffic and drainage issues. He added that it has already been stated by City Engineer Reel that there are no outstanding issues. City Engineer Reel reiterated that all traffic and drainage issues were satisfied. He then related that verbal approval has been CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. received from FEMA, Soil and Water, and traffic plans for John Harden. He related that traffic plans include three lanes stipulated by the Highway Department and a change for the main entrance into the development which was moved further from the 67/167 on-ramp, adding that the Highway Department has also suggested that it be signalized. He related that a request from the Highway Department is forthcoming regarding the left hand turn lane being extended fifty feet for additional storage of cars turning into the shopping center. City Attorney Bamburg related that for reasons regarding the City Engineer’s involvement in the construction process and the certificate of occupancy, subparagraph f) would cover items that Belz-Burrow has agreed to or complied with already. He noted that in the final agreement he will specifically reference the letter after receiving its date from the City Engineer. Mr. Rice suggested that any traffic problems can be identified in some specific time and distance from the shopping center. Chairman Walker offered that once the shopping center is open he feels traffic situations will become apparent. Discussion ensued as to possible time limits and distances acceptable for both parties. City Attorney Bamburg clarified that subparagraph d) is the only portion of the agreement that will need further work outside some specifics offered by Mr. Rice. Commissioner Gray offered that negotiations are between the attorneys in conjunction with the engineers for a compromise that will protect the community and serve as a good partnership between a new enterprise and the community. He stated that the community wants to be a fair partner and suggested that the Commission vote on the building permit subject to provision d) being re-presented at the next meeting. Commissioner Gray moved, seconded by Commissioner Nabors that the 8 building permit for Belz-Burrow be issued with attachment of the agreement to be included and conditioned as amended to include terms of agreement in section two, paragraph d), also to be re- presented at the next regularly scheduled Planning Commission Meeting. MOTION CARRIED. REQUEST TO APPROVE PLATS: a) PRELIMINARY & FINAL: Jacksonville Shopping Center Lot 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. Mr. Tommy Bond related that the property is located directly to the north of the west entrance of the shopping center and is being proposed for the development of the Church's Chicken franchise. He stated that the access will be off North James with one drive. He presented the proposed site plan and stated that it would be similar to the Rally's Restaurant. In response to a question posed by Chairman Walker, Mr. Bond related that the access is fifty (50) to eighty (80) feet from the existing access off North James. City Engineer Reel questioned if the development could utilize the existing access from North James and exit from the drive at the alley on the north side. Mr. Bond stated that if divided there may be two or three additional lots along the strip of property on North James. Discussion ensued as to the use of a common drive for the property and further concerns for curb cuts. Commissioner Gray noted that an interior lot has inside access with regard to the parking lot. It was noted that the property is zoned C-2. Mr. Bond related that he would discuss access options with the property owner, adding that there is twenty-five (25) feet from the existing driveway to the property line. Discussion ensued as to traffic concerns regarding additional curb cuts. It was noted that this type of development would be very similar to TCBY and McDonalds off North First Street. Discussion ensued as to the possibility of a driveway off the existing access from North James Street. Mr. Mike Wilson questioned if the property can be subdivided without a site plan and if the plot plan would regulate driveway access. He stated that he thought the plat would stand on its own with regard to Planning Commission approval. Other discussion 9 revolved around the setbacks with regard to placement of the building on the lot. Discussion ensued regarding the desire to limit curb cuts and consideration to green space. Commissioner Nixon moved, seconded by Commissioner Perry to approve the Preliminary and Final Plat Lot 1 Jacksonville Subdivision subject to notice of curb cut avoidance. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. b) PRELIMINARY: Parkview Subdivision Mr. Tommy Bond referred to a County court order, which dedicated rights-of-way for Trickey Lane, however, in research it was discovered that those deeds recorded in the 1890's are not associated with Trickey Lane. He related that half of a street right-of-way was dedicated for Mr. George Taylor the adjoining property owner to the west so as not to encumber his property access. He related that the property was dedicated by making the interior lots smaller and creating a thirty (30) foot right of way assuming that the property owner to the south will also contribute a 30 foot right-of-way for Tricky Lane if it is ever built. He related that the City owns property immediately south of Mr. Taylor's property and the east 80 acres, which extends across the railroad tracks is owned by numerous heirs. He related that lots 23 thru 26 in the south corner and lots 8 and 9 in the northeast corner will be filled and removed from the flood plain. He stated that two tracts of land have been designated, one in the northeast corner and the other in the southeast corner, for drainage retention basins. He then related that providing drainage in the southeast corner for ten (10) acres will not make thirty (30) seconds of an inch difference because the property is located in the Bayou Meto flood plain area. He stated that the property slopes down to Bayou Meto without a ditch. He stated that the retention basin will be for surface discharge. He stated that if or when Trickey Lane is developed drainage will need to be addressed further. City Engineer Reel stated that his primary interest is that the drainage detention basin in the northwest corner can address drainage and can be tied into a drainage ditch, adding that it will address 40% of the water in the project. He stated that the south 60% is flowing into undeveloped land and that the primary purpose for a drainage retention basin is to keep from impacting already developed areas on the down stream side. He stated that preliminary plat approval will allow for the development of water, 10 sewer and street. Commissioner Corroum moved, seconded by Commission Nixon to approve the Preliminary Plat of Parkview Subdivision as submitted. MOTION CARRIED. REQUEST/STREET OR ALLEY CLOSING: GENERAL: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 1999 7:00 P.M. - 8:50 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Nabors moved, seconded by Commissioner Perry that the minutes of the February 22, 1999 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. 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 11