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2011JACKSONVILLE PLANNING COMMISSION AGENDA JANUARY 10, 2011 7:00P.M. Meeting cancelled due to inclement weather 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT Nominations for 2011 Planning Commission Chairman and Vice Chairman Volunteers for 2011 Board of Adjustment Regular Planning Commission Meeting of November 8, 2010 Request for mixed use of property located at 201 West Main Street Petitioner: Yolly Seedtibood (pictures included in packet) Metes and bounds request unaddressed property behind 540 Ricky Raccoon Drive, Lot 56 Northlake Subdivision Petitioner: James Thomey (pictures and site plan included in packet) PAGE 1-7 8 9 JACKSONVILLE PLANNING COMMISSION AGENDA February 14, 2011 7:00P.M. 1. OPENING REMARKS: Nominations for 2011 Planning Commission Chairman and Vice Chairman Volunteers for 2011 Board of Adjustment 2. ROLL CALL: 3. APPROVAL AND/OR PAGE CORRECTION OF MINUTES: Regular Planning Commission Meeting of November 8, 2010 1-7 4. PUBLIC HEARING(S): a. MIXED USE: 201 West Main Street Petitioner: Yolly Seedtibood (photographs included in packet) 8 (pulled forward from January agenda) b. REZONING: 5002 So. Hwy. 161 from R-6 to R-1 Petitioners: Kerry Wells and City of Jacksonville 9 c. REZONING: 100 Lake Shore Drive from R-6 to R-1 Petitioner: Harold Parker 10 d. CONDITIONAL USE: 513 Dupree Drive C-3 in C-2 zoning Petitioners: Chance Armour and Richard Torti 11 5. REQUEST TO APPROVE PLAT(S): a. SKETCH PLAT: Jaxon Terrace Subdivision Petitioner: Richard Jones Representative: Bond Engineering (plat included in packet) 12 b. SKETCH PLAT: Jamestown Subdivision Petitioner: Richard Jones Representative: Bond Engineering (plat included in packet) 13 PLANNING COMMISSION A G E N D A CONTINUED: February 14, 2011 PLAT(S) continued: c. PRELIMINARY PLAT: SITE AND LANDSCAPE PLANS: DG Commercial Subdivision/Retail Store Petitioner: Roger Hosman for Arkansas Emergency Transport Representative: Global Surveying Consultants, Inc. (plat, site plan, bill of assurance, and landscaping included in packet) 14 d. FINAL PLAT & SITE PLANS: Marple Commercial Subdivision Petitioner: Louis Froud Representative: Whitlow Engineering (detail plans included in packet) 6. BUILDING PERMIT(S): a. METES AND BOUNDS building permit unaddressed property behind 540 Ricky Raccoon Drive, Lot 56 Northlake Subdivision Petitioner: James Thomey (photographs & site plan in packet) 15-16 (pulled forward from January agenda) b. Lighthouse Charter School 251 North First Street temporary modular building Petitioner representative: Joel Scharfer (site plan included in packet) 17 7. GENERAL: DISCUSSION: Creation of C-5 (Commercial) Zoning ANNOUNCEMENT(S): ADJOURNMENT J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on February 14, 2011. Commissioner Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Avis Twitty, Joe Ott, and Alderman Bill Howard answered ROLL CALL. Commissioner Young declared a quorum. Commissioner McCleary arrived at approximately 7:10p.m. PRESENT (7), ABSENT (1). Others present Director of for the meeting were City Administration Jim Durham, Engineer Jay interested petitioners, and press. Nomination of 2011 Officers: Alderman Howard moved, seconded Chad Young as 2011 Chairman of CARRIED. by Commissioner Keaton to the Planning Commission. Whisker, citizens, nominate MOTION Alderman Howard moved, seconded by Commissioner Brannen to nominate Glen Keaton to serve as Planning Commission Vice Chairman and Board of Adjustment Chairman. MOTION CARRIED. Commissioner Joe Ott and Alderman Bill Howard volunteered to serve on the 2011 Board of Adjustment. Chairman Young welcomed new Commissioner Avis Twitty. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 8 November 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. MIXED USE 201 West Main Street City Engineer Whisker demonstrated on a map the area surrounding Main Street that has been designated as a Mixed Use zone, explaining the intent to allow business owners the opportunity to reside in quarters adjacent to their business. He then explained that Ms. Seedibood had a previous business at 201 West Main when the building burned, adding that she has now completed the reconstruction and is operating an events center. He then stated that Ms. Seedibood is requesting permission to use a portion of the building as an apartment, adding that the apartment was built to fire code. He then answered Alderman Howard that food is to be catered; clarifying that there would be no cooking on site. With no one to speak in opposition, Chairman Young closed the public hearing at approximately 7:05p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. Alderman Howard moved, seconded by Commissioner Brannen to approve the request for a mixed use at 201 West Main Street. MOTION CARRIED. b. REZONING 5002 South Hwy. 161 from R-6 to R-1 Chairman Young opened the public hearing at approximately 7:05 p.m. City Engineer Whisker directed that the area is south of Bayou Meto, adding that it is zoned for mobile homes. He noted that there are several homes in the area. He then explained that the petitioner had requested a building perrni t for single-family and during the conversation it was discovered that another property in the area zoned R-6 had mistakenly been allowed to have an R-1 residence. He explained that the next request for 100 Lakeshore Drive is the other resident that is requesting a rezoning from R-6 to R-1. He then explained that the petitioner for 5002 South Hwy. 161 removed a mobile horne and is proposing to move a stick built house onto the lot. With no one to speak in opposition, Chairman Young closed the public hearing at approximately 7:08p .m. Alderman Howard moved, seconded by Commissioner Keaton to approve the rezoning of 5002 South Hwy. 161 from R-6 to R-1. MOTION CARRIED. c. REZONING 100 Lakeshore Drive Chairman Young opened the public hearing at approximately 7:08 p.m. City Engineer Whisker related that this property is the corner lot on Lakeshore and Hwy. 161, directly across from the "rock house" that belongs to Reed's Bridge Historical Society. With no one to speak in opposition, Chairman Young closed the public hearing at approximately 7:10p.m. Commissioner Brannen moved, seconded by Commissioner Ott to approve the rezoning of 100 Lakeshore Drive from R-6 to R-1. MOTION CARRIED. d. CONDITIONAL USE 513 Dupree Drive for C-3 in a C-2 zoning Chairman Young opened the public hearing at approximately 7:10p.m. City Engineer Whisker related that the petitioner, Mr. Chance Armour, was unable to attend due to illness in the family. He added that the petitioner is willing to postpone the request if necessary. He related that the location is Red's Mini Storage at the end of Dupree Drive, almost to Hwy. 161 and behind the car lot. He explained that the petitioner is proposing to open a vehicle body shop. He then noted that while this property is zoned C-2 the back side of that area is zoned C-3 and C-2 property is in the general vicinity. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. In response to a comment from Chairman Young, City Engineer Whisker concurred that C-3 is considered highway commercial and C-2 is shopping center type zoning. He related that the request would not change the zoning but would only allow the petitioner to operate this type of business, adding that if the business were to cease the conditional use would also cease. With no one to speak in opposition, Chairman Young closed the public hearing at approximately 7:12p.m. Alderman Howard moved, seconded by Commissioner Ott to approve the condition use of C-3 in a C-2 zoning at 513 Dupree Drive as requested. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. SKETCH PLAT Jaxon Terrace Subdivision Representative Tommy Bond of Bond Engineering related that the sketch plat is a continuation of the Jaxon Terrace Subdivision that was started in 1964, explaining that it encompasses the remainder of land that is above the flood plain. He pointed out that the next i tern of business, the sketch plat for Jamestown Subdivision, is a companion project, that is the east part of the entire development. He then related that Mr. Jones started the Jamestown Subdivision approximately 10 years ago, adding that Jamestown Subdivision has slightly larger lots and larger homes. He stated that the Jaxon Terrace Subdivision lots are generally 70' X 120'. He related that the end of Mesquite Trail was developed approximately 3 years ago and is built out. He explained that they can develop about 15 more lots on Mesquite Trail before they would have to build a pump station or go to some other type of sewer collection system. He then related that there are approximately 147 lots, noting that 8 or 10 are larger lots that back up to the flood plain. He pointed out that there are 5 four-plex lots that face North First Street. He offered that part of the thought was that North First Street is a major arterial street and would be better suited for multi-family. In response to a question from Chairman Young, Mr. Bond answered that he believes the zoning of the property is R-0. He acknowledged that the multi-family lots would require a future request for rezoning. He explained that if single-family lots were put there it would have 8 or 10 driveways, pointing out that with multi-family there will only be 5 driveways on a major arterial street. He then added that it would make a good buffer, saying that they are proposing to have some green space between the multi-family and single family lots. He then answered that it is planned to be developed in phases, noting that the first phase will be the continuation of Mesquite Trail, which will be brought back to the Planning Commission if the sketch plat is approved. He stated that there would be 147 lots in the Jaxon Terrace phase and 23 or 24 in the Jamestown phase. He then explained 3 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. that Mesquite Trail ties into Stirrup Place, which is a street that runs from the north and is the dividing line between the larger and smaller homes. Chairman Young questioned if there were any plans for additional green space, paths, trails, or pocket parks? Mr. Bond stated that the concept is to have green space that would offer open green areas. He then stated that the space that is in the flood plain could make a park area, pointing out that they are not proposing to develop that area. He continued saying that flood plain property is good for parks. Ultimately, there could be a trail could lead to a park in the flood plain areas. Commissioner Brannen moved, seconded by Alderman Howard to approve the Sketch Plat of an additional phase to Jaxon Terrace Subdivision. MOTION CARRIED. b. SKETCH PLAT Jamestown Subdivision Representative Tommy Bond related that the sketch plat consists of 23 or 24 lots, which are approximately 90' X 120'. He stated that this development was started approximately 10 years ago and every lot has been built out. City Engineer Whisker stated that both Subdivisions are sort of combined one into the other. He concurred that Jamestown Subdivision has larger brick homes of approximately 2,000 square feet, while the other homes in Jaxon Terrace Subdivision are more like 1, 600 square foot, mostly brick with some siding. Mr. Bond then noted that there would be a continuation of the existing bill of assurance for Jamestown. City Engineer Whisker noted that the dividing line is the power line that runs through the area. Discussion ensued regarding the corner property toward the freeway and Mr. Bond offered that the property could be commercial or residential, adding that he is not aware of plans either way. City Engineer Whisker stated that the plat matches the present zoning of R-1 or R-0, adding that he does not believe this property would have any sewer problems. He clarified that it was more the north side of Jaxon Terrace that needed the pump station. Mr. Bond offered that he believes those problems have been solved, noting that there is a project that should be out in the next few months that will relieve the northeastern pump station, adding that this development will not complicate that issue. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. City Engineer Whisker concurred, noting that a new pipe has been placed under the freeway. Mr. Bond stated that he did not feel that there are issues, adding that there is a 12" waterline that this area approximately 12 years ago to serve Subdivision. He then assured Chairman Young that would meet sidewalk requirements. any water or sewer was built through Oak Ridge Ranch both developments City Engineer Whisker then clarified that Mesquite Trail, the new street improved, has sidewalks from the first street off North First Street coming in, which complies with the current ordinance. Commissioner Keaton moved, seconded by Commissioner Brannen to approve the sketch plat of Jamestown Subdivision as presented. MOTION CARRIED. c. PRELIMINARY PLAT, SITE, & LANDSCAPE PLAN DG Commercial Subdivision for Dollar General Representative Paxton Singleton of Global Surveying Consultants stated that he is here on behalf of petitioner Roger Hosman and his client, P.B. General Holdings. He stated that the preliminary plat is a 1.378 acre tract from an existing 15.7 acre tract located at the southeast corner of J.P. Wright Loop and Military Roads. He stated that currently this property is out of the City limits but is within the extra territorial jurisdiction. He explained that they also have to meet the County's development standards, mentioning the setback requirements which are greater than City setbacks. He then stated that they would be requesting setback variances from the County, adding that the development does meet rear setbacks for the City's C-2 zoning. He related that the developer is prepared to dedicate 100' of right-of-way for the potential proposed extension of J.P. Wright Loop Road. He then related that they are requesting a variance from the minimum required parking spaces, adding that the plan proposes 40 parking spaces but with the retail space of the building City code requires 45. He then added that they are also seeking a waiver from the half-street improvements of the proposed extension of J.P. Wright Loop Road. City Engineer Whisker stated that the main issue back and forth has been the street improvements for the Loop Road extension, pointing out that it is on the Master Plan. He explained that the developer is willing to dedicate the right-of-way, but normally when a commercial structure or subdivision along the Master Plan is proposed the developer is required to build the street and sidewalks. He stated that in his tenure as City Engineer there has not been an instance of waiver regarding those improvements. He related that ultimately the build of J.P. Wright Loop will be a four-lane section, explaining that since there is not a four-land section on the north side of Military Road the City would not expect the developer to build a four-lane 5 . I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. but only a two-lane section. He clarified that the City would expect the developer to build the east side of the roadway but would not expect them to build the west side curb and gutter as a minimum. He stated that sidewalk, curb, gutter, and a two-lane street would be the minimum. He added that normally a development outside the City would have to meet all County standards; however, as a part of the preliminary plat before final plat he would suggest that they annex into the City. He related that there are utilities on site, they have heavy duty paving, the dumpster and enclosure, but will require a variance for 5 parking spaces. He noted that a landscaping plan has been presented and the development does meet landscaping issues. He related that the development would have some interior and building landscaping in order to meet the minimum requirement, adding that it will be easy enough to meet those requirements. He then answered Chairman Young that he has allowed commercial developments to have landscaping between the sidewalk and building or in-between the sidewalk and curb. He noted that the site plan could accommodate that type of shift in landscaping. Discussion ensued regarding the depth Whisker offered that the minimum is accommodate a wheelchair. of sidewalk; 4', adding City that Engineer 3' will Chairman Young questioned if the street improvements would tie into their parking area. City Engineer Whisker stated that he felt the design was laid out as such because they did not feel that Loop Road would be built or were not going to have to do street improvements to Loop Road. He offered an alternative design, saying that the building could be put in the front corner and wrap the parking area around the back and front side, then have it connect to Loop Road. He stated that the present design is without consideration for Loop Road being extended. Chairman Young noted that street is required to have those street improvements entrances. the currently proposed project across the street improvements. It was clarified that will be on Loop Road between the two City Engineer Whisker noted that the City required First Electric to construct street improvements; noting that Loop Road is a major City street. He also noted that he has not seen where the developer has gotten permission from the Highway Department regarding the driveway. He explained that the driveway has been moved as far as possible away from Hwy. 294. He continued saying that there is a steep hill in the area; both Loop Road and Southeastern are in a low spot with a hill on either side. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEF.TTNG FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. In response to a question from Chairman Young, Mr. Singleton replied that the reason they are requesting a waiver from street improvements is because there are no plans to construct Loop Road even though it is on the Master Street Plan, adding that they are yielding to the right- of-way that would be required if it were going to be built. He related that his client has agreed to dedicate the land, which is a significant piece of property being 100' wide by 275'. He stated that donating that land will eliminate his client from ever being able to develop what is remaining of his property to the west. He noted that the right-of-way will bisect this property and prevent development to the west. He stated that with no plans in place or no existing street, their thought is that it would be a street to nowhere. He went on to say that Mr. Hosman owns a significant portion of the rest of the land that is behind this development so it is hard to see the need to construct half-street improvements at this time. In response to a question from Chairman Young, City Engineer Whisker answered that the street would eventually connect down to Southeastern. He stated that Loop Road was built as a loop and was intended to meet up with Vandenberg even though the street is slightly offset. He continued saying that the point is for Loop Road to make a circle around Jacksonville; Southeastern is the direct line down to I- 440, which is the connection, with Loop and Military then becoming the main intersection and Loop would intersect Southeastern offering a straight shot to I-440. He related that Southeastern, which touches Graham Road, is a 30 to 35 mph road that probably has more traffic than it should, adding that Loop Road is actually built for higher traffic volume. He stated that the City plans to "S" curve that in. He then recalled that this piece of property came before the Planning Commission in 2004, consisting of a 100 acre residential proposal on the north end out of the flood plain. He stated at that time there were agreements in place to build Loop Road right-of-way to make an "S" curve, switching some land with the Water Department and developing the land all the way through. He added that those plans fell through but the "S" curve and the proposed extension of J.P. Wright Loop is still what the City has planned for that area. He went on to say that there is land to the south that could be developed, and while it is true there is only a sliver of land left there is more lands to the west and further south that can be developed of the "S" curve into Southeastern. He stated that the owner is choosing to cut the property in this shape, leaving only a smaller piece to the west. He then answered Chairman Young that the City has joined with developers in the past regarding cost sharing of improvements. He explained that the proposed previous project for this area was going to be that type of arrangement. He noted various areas of cooperation with the City and Water Department to achieve the previously proposed development. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. He then answered Alderman Howard that the parking variance for 5 spaces would not be a problem. He noted that the store would probably receive a lot of pedestrian traffic from the elderly complex that would be located across the street. Discussion ensued regarding if the developer would be allowed access from Loop Road regarding the distance requirement from a major intersection; City Engineer Whisker explained that the developer is proposing an access at the furthest point away from Loop Road. He stated that if the access were going to be on Loop Road, he would redesign the layout to have the building pushed to the front and have the entrance at the bottom as far as possible away from Military Road. Mr. Singleton pointed out that on the preliminary plat submitted in 2004, the development was offset from across the street of what is J.P. Wright Loop. He clarified that the rights-of-way and centerlines would not have matched up, noting that it would have been an offset intersection. He added that with this development, through City Engineer Whisker's guidance, allows for a continuation of the right- of-way lines to where there is not a 90 degree bend in the road. He emphasized his point being that it is a better location for the proposed dedication of right-of-way versus what was previously proposed. He stated that the owner and buyer have come up with this configuration because this is what works based on the owner granting 100' of right-of-way to make this meet. He stated that there would be no way to shift this without having to purchase additional property in the southwest corner. He stated that the configuration of the lot is based on how the right-of-way is set, which is a better configuration than what was proposed in 2004. In response to a question from Chairman Young, Mr. Singleton stated that he has a letter from the State Highway Department saying that they have no plans to widen Military Road. He pointed out that County development standards require right-of-way on Military Road but would not require half street improvements without plans to widen Military Road. Commissioner Keaton questioned if it would be better to go ahead and move the building in order to achieve the tie-in further down with some type of agreement for half-street improvements. He acknowledged that 300' of half-street improvements would be costly, adding that the Planning Commission had negotiated a similar agreement with the cottage development, recalling that the improvements would be just between the two accesses. City Engineer Whisker stated that if the parking area remains to the front of the property it would be too close to the intersection to allow for a tie-in. He stated that it would be less than 100' and in any event that would be too close for a tie-in. He reiterated that the design layout is set up not to allow any consideration for the 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. continued development of Loop Road. He stated that otherwise it could have been designed with the building at the front building line and the driveway at the south end of the property off Loop Road with the parking lot on the west side of the building. Chairman Young noted that if that were the proposed design it would lend itself to have the appearance of would appear to be a future retail center. City Engineer Whisker then answered that any site distance issues onto Military Road would be addressed by the Highway Department. He noted that the speed limit is 45 mph over the hill, citing possible concerns. Mr. Singleton noted that south of the proposed development is the owner's personal residence. He added that on the preliminary plat submitted in 2004, that lot was out of the property for development. City Engineer Whisker recalled that the personal residence was platted as a lot in the development. Mr. Singleton stated that there are no current plans for future commercial development to the south of this property. Chairman Young questioned if there could be consideration for flipping the design to accommodate what City Engineer Whisker had proposed with an extension down into the southern half of the property. Mr. Singleton stated that he would yield to the archi teet regarding that consideration, adding that Dollar General is adamant that their parking be in front of the building. He then noted that there are slope issues to the south that would have to be worked around. He then questioned the purpose of flipping the design? City Engineer Whisker related that his desire to see the design flipped is centered on having the street built, adding that he feels the access would be better on Loop than Military Road because of the hill and safety factors. It was noted that Dollar General had made based on traffic counts and there are no regarding this property. the design determination traffic counts off Loop Discussion ensued regarding half-street improvements, traffic counts, and possible various prototype plans for Dollar General, as well as the orientation of the building facing Loop Road or Military Road, and the ultimate location of the drive regarding various factors. 9 LI CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. Commissioner Brannen moved that the item be tabled offering the developer and City Engineer Whisker an opportunity to work out the design layout. MOTION FAILED for lack of a second. City Engineer Whisker simplified issue is that the developer needs Loop Road improvements. the issues, saying that the main to know whether they have to build Chairman Young proposed a compromise, offering that the drive could line up with Loop Road to somewhat act as the street for access into the site, adding that someday it would become a part of Loop Road extension. City Engineer Whisker stated that if they build the street and put the access from that, then it would effectively be their drive. He explained that it would be a 27' driveway turning left into the property. He noted that this would be similar to what Wal-Mart has with its side street. Commissioner Ott noted that this would eliminate the blind turn regarding the hill. City Engineer Whisker then answered original design of Loop Road has 100' four-lane section. He clarified that built on the centerline of Loop Road. Commissioner Keaton, that the right-of-way, proposed to be a the southbound lane asphalt is Mr. Singleton stated that if the area property were being developed it would be understood that they would build the road, questioning if there could be a stipulation that if further property is developed they would then build the street to service more properties. Chairman Young proposed that the street be constructed as a developed drive into the property that stops when it lines up with the drive to the parking area, stipulating that further development would require that they extend the street further. City Engineer Whisker pointed out that the problem becomes who would be responsible for building Loop Road if another developer built further south, because now it would be City owned right-of-way, which it might be felt that the City should construct within their own right-of-way. He then offered that if the street is later constructed then the access to Dollar General would be slightly over 40' from the intersection, which would make it a safety concern. He stated that short-term it would not be a problem but long-term it would create a hazard. He then proposed that if the same access were moved further from the intersection, when further development occurred it would not be a problem. He also proposed some type of shared access with the Church parking lot onto Military Road. He reiterated that the biggest issue is the street improvements for the extension of Loop Road. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. Further discussion ensued as to access issues and the possibility of having to build a retaining wall because of the slope in the property if the access is moved. Chairman Young questioned if it would be more feasible to table the item until the next Planning Commission meeting. Mr. Roger Hosman, owner of the property, noted that he owns this property and the approximate 85 acres behind the proposed development. He stated that he would appreciate being able to do something with the property. He added that he is willing to give up $200,000 to the City in requiring the right-of-way, but would not want to give up another $75,000 to build a paved road in his cow pasture. He stated that he would like to sell the whole tract if he could. He stated that he would appreciate some decision from the Planning Commission that would allow them to move forward. He added that he understands there are issues for the Planning Commission but he would like to move forward if at all possible. In response to a question from Commissioner Keaton, City Engineer Whisker answered he feels that the road for the 300' needs to be built. He reminded the Planning Commission that only a year ago a developer came in and the road on his proposed plan stopped 5' from his property and the developer wanted to know who was going to build the road. He stated that if someone is going to develop in the City then they should have to develop the street along the right-of-way, it is what the City has always done and should do. Mr. Singleton pointed out that the street does not exist other than on the Master Street Plan, pointing out that the developer is granting the right-of-way. He further offered that if the minutes were to state his client or the person who buys the property has to develop the street even if it is City owned right-of-way would make more sense in this case. He noted the expense of developing a major street for a one-lot development, which is a street that would only technically be there for Dollar General. He stated that if the developer has no plans to develop further, then additional right-of-way would have to be purchased by the City. He then noted that the developer is having to give 100' of frontage that could have been sold as another lot. In response to a question from Chairman Young, City Engineer Whisker stated that normally a street is 27' back to curb, back to curb. Chairman Young noted that this might merit the development having the access off Loop Road and save the cost of building an access off Military Road to offset the cost of building a two-lane street. Mr. Singleton noted that it would be 50' of road versus 300' of road and City street standards would be far greater than building a 50' drive onto the development. 11 r I I I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. Cormnissioner Ott questioned if the i tern were tabled would there an opportunity to work toward an agreement. Mr. Singleton reminded the Cormnission that it is the owner's wish and request that the Planning Cormnission make a determination tonight. Cormnissioner Brannen emphasized the differences and the need for a compromise, reiterating the need to table the item for 30 days. Mr. Singleton stated that he is not sure there is any middle ground, explaining that they are not in favor of building the road but City Engineer Whisker would like for the road to be constructed from a planning standpoint. He added that he is not sure there is any middle ground between those issues. Commissioner Brannen made the motion to table the item until the next regularly scheduled Planning Commission meeting. Commissioner Ott seconded the motion. ROLL CALL: Commissioners Brannen and Ott voted AYE. Commissioners Keaton, Twitty, McCleary and Alderman Howard voted NAY. MOTION FAILED. Alderman Howard moved, seconded by Commissioner Keaton to approve the Preliminary Plat, Site, and Landscaping Plans, stipulating that the developer extend Loop Road adjacent to the proposed development as prescribed by City Engineer Whisker, granting a 5 space variance for minimum parking spaces required, and request for voluntary annexation to the City of Jacksonville. MOTION CARRIED with Commissioners Brannen and Twitty voting NAY. d. FINAL PLAT & SITE PLAN Marple Commercial Subdivision Adam Whitlow of Whitlow Engineering Services related that he is representing property owner Louis Froud. He stated that the property is a 1.31 acre tract, between Jacksonville Kawaski and Cupids, located outside the City limits. He related that the project has been submitted to the County, but they have not received cormnents from the County as yet. He stated that contingencies are subject to the State Highway access permit for curb cut, meeting County cormnents, and sanitary approval. City Engineer Whisker stated that the major issue would be cormnents from the County, explaining that they have a 40/40 rule for buildings, that being 40' to the rear and 40' to the sides. He noted that he spoke with the County earlier today, adding that he would also need permission from the State Highway Department and permission from the Health Department to attach the septic system. He then related that there is water available to the front of the property. He pointed out the development would need to have interior landscaping on the parking lot. He answered Chairman Young that they have proposed building 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. landscaping on the front side of the building, explaining that this is a metal building & roofing supply company. He noted that the product is not manufactured at this location but is sold. Mr. Whitlow related that the business has a small retail space to the front of the building with one to two employees at most. He explained that most customers would drive in with a trailer, load their product to the rear of the business. Alderman Howard moved, seconded by Commissioner Keaton to approve the Final Plat and Site Plan for Marple Commercial Subdivision, stipulating approval from County and State entities regarding all improvements. MOTION CARRIED. BUILDING PERMIT(S): a. METES & BOUNDS building permit for unaddressed property behind 540 Ricky Raccoon Drive Mr. James Thomey informed the Planning Commission that he purchased the property approximately 13 years ago from Dupree & Company, before the third section of Northlake had been platted. He explained that his home is on the corner of Ricky Raccoon and Oneida, adding that the property was sold by a metes and bounds description because it was not included in the third platting. He stated that construction of Mule Deer street has increased traffic significantly, explaining that he would like to build a storage building to store his recreational equipment and provide a small workshop in a portion of the building. He related that he had a privacy fence installed around the perimeter of the lot, saying that the fence for the most part will mask the view of the building from both Oneida and Mule Deer. In response to a question from Alderman Howard, Mr. Thomey answered that the building would be approximately 26' from the property line on Mule Deer. He related that the property is 105' X 120'. He added that this would be the only structure on the property. City Engineer Whisker stated that the property was purchased on a metes and bounds, making it either a metes and bound building permit as is before the Commission or it could be considered an accessory building that is larger than the minimum 650 square feet. He noted that setbacks will be observed and with the wooden fence he does not feel much more than the roof of the building will be visible. Mr. Thomey then answered Alderman Howard that keeping the strip of land between the chain link fence and the privacy fence mowed would not be a problem with a weedeater. Commissioner Keaton moved, seconded by Commissioner Brannen to approve the building request for the unaddressed metes and bounds property directly behind 540 Ricky Raccoon Drive as requested. MOTION CARRIED. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. b. Lighthouse Charter School 251 North First Street Mr. Bond stated that the building is temporary and would only be on site for approximately 3 years. He explained that the charter allows the Charter School to go to the 12th grade and the school has added a grade each year since opening. He stated that this temporary building would be for the 7th and gth graders. After three years, the School would build the new High School section. He explained that the building would be connected to all utilities, adding that the building has sprinklers for fire protection. He then noted that there would be a gravel street. He answered that there would be restroom facilities inside the building and the alarm system would be tied into the existing system. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the building parmi t request for a temporary building to be located at the Charter School, 251 North First Street, with a 20' setback as requested by the Fire Marshall. MOTION CARRIED. GENERAL: DISCUSSION regarding creation of C-5 (Commercial) Zoning City Attorney Bamburg informed the Planning Commission of the need to create a new zoning classification. He stated that this zoning would serve 'in the event of annexation of properties north of Jacksonville that provide off-premises retail alcohol sales. He related that the draft ordinance is designed and planned in accordance with the present zoning classifications and districts. He added that this would restrict to off-premises sales but would also allow for a distributorship. He explained that it would be commercial zoning, pointing out that this zoning can only be located outside the real property that is legally defined and zoned as the Old Gray Township. He noted that there is a specific map outlining the dry areas, which is still in force until or unless there is a new election that would vote that out. He stated that one provision for any project before the Planning Commission that would fit in this zoning would be to ensure that it is not included inside the Old Gray Township. City Engineer Whisker related that it appears the City will be successful in annexing the property to the north of the City along the freeway up to the Lonoke County line. He noted that the request to set a public hearing will be before the City Council this Thursday. He related that this would address the issue of having liquor stores and sales in this newly annexed area of Jacksonville. He related that at the next Planning Commission meeting there would be a zoning map that would mirror the existing uses of the area being annexed. Commissioner Keaton moved, seconded by Commissioner Brannen to recommend to the City Council the adoption of an ordinance creating the commercial zoning of C-5. MOTION CARRIED. 14 ANNOUNCEMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2011 7:00 P.M. -8:31 P.M. ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 8:31 p.m. Respectfully submitted, 15 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA March 14, 2011 7:00 P.M. Presentation of service awards Bart Gray, Jr. & John Herbold Regular Planning Commission Meeting of February 14, 2011 a. PRELIMINARY PLAT Lemac Subdivision Petitioner: Tracy Smith Representative: Bond Engineering b. FINAL PLAT Northlake PH XIII Petitioner: Tommy Dupree Representative: Bond Engineering PAGE OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2011 7:17 P.M. -7:30 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on March 14, 2011. Chairman Young opened the meeting at approximately 7:17 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Susan Dollar, Avis Twitty, and Joe Ott, answer ed ROLL CALL. Chairman Young declared a quorum. PRESENT (5), ABSENT (2), OPENING (1). Others present for the meeting were City Engineer Jay Whisker, Director of Administration Jim Durham, Alderman Robinson, Larry Dupree, and John Herbold, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Keaton moved, sec9nded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 14 February 2011 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Lemac Subdivision Mr. Tommy Bond of Bond Engineering related that the subdivision consists of 13 lots, acknowledging the dedicated roadway right-of-way along the gas pipeline requested by City Engineer Whisker. He related that the sewe r was accepted and the plat was submitted to the Water Department. He stated that he is in continued discussions with the Water Department regarding the installation of a fire hydrant, explaining that the development has fire hyd rants on either end of the 800' street. He related t hat normally a fire hydrant is placed within 500' of any house and with this devel opme nt the fire hydrants are within 4 00' , adding that the Fire Marsha l l had stated that he would contact the Water Department, but he has not heard back as yet. He related that the development meets design criteria of the Water Department and he will send the information to the Health Department tomorrow mo rning. He reminded the Planning Commission that the lots were r ezoned for R-1A sma ller single-family homes, adding t hat he feels i t would be a good a dd i tion to the area. He noted that directly across the street are smaller FEMA style trailers. City Enginee r Wh i s ker stated t hat the only item left for discussion is the road right-of-way versus a ctuaLly building the road, which came about because o£ t he land being ful ly enclo sed. He recalled that approximately 8 months ago the owners had only wanted an access to their property. Mr. Bond explained that there is a parcel of land at the end of the street that is being dedicated, adding that the property is what was left of property owned by the Grays. He then noted that the rest CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2011 7:17 P.M. -7:30 P.M. of the surrounding property was sold. He went on to say that Mr. Penn is the only other property owner adjacent to the development, he recalled that the Planning Commission had reviewed a development for Ted Camp that backs up to this property. He stated that the property is not completely landlocked; pointing out that this right-of-way would keep it from being landlocked. He related that the remaining property is not big enough to build on, adding that it is mostly gas line easement. He went on to say that access has been provided with through means of the right-of-way. City Engineer Whisker related that he had spoken with the Water Department who understood the development met the 500' fire hydrant requirement. Commissioner Keaton moved, seconded by Commissioner Brannen to approve the Preliminary Plat of the Lemac Subdivision as requested. MOTION CARRIED. b. FINAL PLAT Northlake PH XIII Subdivision Mr. Bond of Bond Engineering stated that this phase of Northlake is adjacent to the Northlake Gardens that was approved by the Planning Commission two months ago. City Engineer Whisker stated that this phase of Northlake would finish the platted area. Mr. Bond offered that Mr. Dupree held out the lots that back up to the Lake, adding that the Lake area has not been completed. City Engineer Whisker reviewed the area being left off, explaining that the developer is still digging out the Lake to build up the lots and the south side levy. Mr. Bond stated that the developer would return with the final plat in the future. City Engineer Whisker stated that the developer would bring the lots out of the flood plain and submit them to FEMA before final platting. Commissioner Brannen noted that lots 1 through 9 and 19 through 24 are listed as being in the flood plain on the plat's legend. City Engineer Whisker related that all lots in the flood plain will be marked with the "F" designation unless removed with a LOMR fill permit. Discussion ensued and it was offered that the lots have been removed and the proper paperwork will be provided to the Engineering Department. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2011 7:17 P.M. -7:30 P.M. In response to a question from Commissioner Dollar, Mr. Bond explained that in an area such as this the water is generally backwater, adding that the property is not immediately adjacent to the stream. He stated that filling the area has little or no impact on the flood plain. He noted that the backwater is from Kellogg and Bayou Meto. He added that the flood plain is so enormous that this has no significance. City Engineer Whisker noted that during the flooding in 2009, this area was affected, saying that Oneida was right at the 100 year flood plain and the levy that leads to and from Northlake. He then added that the lots in this phase are at that same level. He then answered that FEMA's rule is that if the lot is filled above the existing flood plain level then you can apply for a LOMR (Letter of Map Revision) , then the area is designated as being out of the flood plain. He went on to say that there have been many subdivisions in Jacksonville that have been done the same way. He noted the houses on the backside of Collenwood Subdivision and the homes in Ranch Ridge, pointing out that those homes did not flood in any of the big rains that came at Christmas. Commissioner Keaton moved, seconded by Commissioner Dollar to approve the Final Plat of Northlake PH XIII with correction to the flood plain line type on the plat legend. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: PRESENTATION OF SERVICE AWARD: Former plaque Commissioner John Herbold was for his dedication and service Commission. honored to the with an appreciation Jacksonville Planning ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:30 p.m. Respectfully submitted, 3 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE AGENDA Apri I 11, 2011 7:00 P.M. Regular Planning Commission Meeting of March 14, 2011 PLAT(S): a. PRELIMINARY PLAT: Jaxon Terrace PH VIII 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT Petitioner: Mr. Richard Jones Representative: Bond Engineering b. FINAL. PLAT: Lot 1, Dalla~ General formerly submitted as DG Commercial Subdivision Petitioner: Roger Hosman Representative: Bond Engineering PAGE OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2011 7:00 P.M. -7:16 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on April 11, 2011. Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Susan Dollar, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Chairman Young declared a quorum. PRESENT (6), ABSENT (1), OPENING (1). Others present for the meeting were City Engineer Jay Whisker, Bart Gray, Jr., Jim Moore, Kate Knable, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 14 March 2011 as amended. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Jaxon Terrace PH VIII Ms. Shada Roberts of Bond Engineering offered a revised version of the preliminary plat, noting that the Water and Wastewater Departments along with City Engineer Whisker have reviewed the plat and have not advised of any recommended revisions. She related that this phase connects to the existing subdivisions of the area. City Engineer Whisker stated that this phase begins at the end of Mesquite Trail, which was completed approximately two to three years ago and Knights Place that was completed prior to 2000. He pointed out that the 35' setback is being continued on Knights Place in order to match the existing homes, adding that as you round the corner on Mesquite Trail it changes to a 25' building setback that will match the existing construction on Mesquite. He noted a change with the street not being carried through, which was due to the cut and fill on the lots, saying that the proposed design works better for the owner as far as sewer. He went on to say that regarding transportation they have a street to the north, which would make the connection from North First Street to John Harden Drive eventually. In response to a question from Chairman Young regarding sidewalks, City Engineer Whisker stated that the sidewalks are only required on one side of the street. Commissioner Dollar questioned if the street area could be striped as a crosswalk going from one sidewalk to the sidewalk on the opposite side of the street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2011 7:00 P.M. -7:16 P.M. City Engineer Whisker answered that it could be done, adding that another solution would be to put sidewalks on the other side additionally. He speculated that he feels the developer put the sidewalks on this side of the street because it was 95' less of sidewalk construction, noting there is an existing home on Knights Place on the other side. Chairman Young questioned if the sidewalk could be constructed on the other side of Mesquite Trail. City Engineer Whisker pointed out that the existing sidewalk is on the north side tying into the previous phase. He then agreed that a pedestrian crossing could be established at the corner. Commissioner Keaton moved, seconded by Alderman Howard to approve the Preliminary Plat of Jaxon Terrace PH VIII as requested, stipulating that a pedestrian crosswalk be provided. MOTION CARRIED. b. FINAL PLAT Lot 1, Dollar General also known as DG Commercial Subdivision Ms. Shada Roberts stated that Bond Engineering had recently performed estimates regarding driveway and culvert costs, adding that the development is ready for final plat approval. City Engineer Whisker offered that because of the multiple parties and engineers involved, the final plat produced by Bond Engineering will be used for the figures regarding the road, but the final plat being presented for approval is the one being provided at tonight's meeting, marked as DG Commercial Subdivision, Lot 1. He noted that there are minor differences in the two plats but the owner of Dollar General felt that the latest plat best reflected use of the property. It was clarified that the plat being offered for approval was supplied by Global Surveying just prior to the meeting. He stated that the only item lacking is the $51,375.10 required to bond for road improvements regarding the Subdivision. He asked that if the final plat is approved by the Planning Commission, there be a stipulation that the final plat not be forwarded to the City Council until the bond issue or assurance thereof is provided to the City. He stated that Dollar General is eager to begin construction as soon as poss.ible, adding that they are only waiting on the property sale. Commissioner Keaton moved, seconded by Commissioner Dollar to approve the Final Plat of Lot 1, DG Commercial Subdivision contingent upon satisfying bond amount of $51,375.10. MOTION CARRIED. BUILDING PERMIT (S): 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2011 7:00 P.M. -7:16 P.M. GENERAL: Chairman Young noted that the 2010 Annual Planning Commission Report was furnished at each station, asking Commissioners to review the report and be ready to take action at the next regularly scheduled Planning -Commission meeting. ANNOUNCEMENT: PRESENTATION OF SERVICE AWARD: Former Commissioner and Chairman Bart Gray, Jr. were honored with an appreciation plaque and engraved gavel for his dedication and service to the Jacksonville Planning Commission and the Jacksonville Board of Adjustment as a Commissioner and Chairman. His years of dedicated service to the Planning Commission and Board of Adjustment span from 1986 to 2010. Mr. Bart Gray, Jr. expressed his appreciation, saying that it has been his honor to serve with his fellow Commissioners. He commended the Commissioners for caring about the community's business, adding that goals worked toward today are the foundation of our children and grandchildren's future. ANNEXATION: City Engineer Whisker stated that it is before the County Judge later in April. process will begin and it would be Commission at a later time. hoped the annexation will go He expl ained that the zoning brought before the Planning ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:15 p.m. Respectfully submitted, 3 JACKSONVILLE PLANNING COMMI.SSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA MAY 9, 2011 7:00P.M. Regular Planning Commission Meeting of April 11, 2011 2010 Annual Planning Commission Report SITE PLAN: Commercial business located at 7217 John Harden Drive Petitioner: Azin Naji . I PAGE CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. -7:45 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on May 9, 2011. Chairman Young opened the meeting at approximately 7:00 p .m . expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Jim Moore, Glen Keaton, Twitty, Joe Ott, Eric McCleary, and Alderman Howard answered CALL. Chairman Young declared a quorum. PRESENT (7), ABSENT OPENING (0). Avis ROLL ( 1)' Chairman Young welcomed new Commissioner Jim Moore to the Planning Commission. Others present for the meeting were City Engineer Jay Whisker, Kate Knable, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 11 April 2011 as amended. MOTION CARRIED. ANNUAL PLANNING COMMISSION REPORT: Commissioner Ott moved, seconded by Alderman Howard to accept the 2010 Annual Planning Commission report as submitted. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): SITE PLAN Commercial business at 7217 John Harden Drive Petitioner Azin Naji related that the property is a 12 acre commercial parcel. He explained that he purchased the property in 2005 and began remodeling his home on the property. He added that he was not aware of any requirements regarding a building permit . He then related that because of his disability he decided to loca t e his business on the property. He related that he had a 2,000 square foot showroom constructed on the property, but has been unable to open the business because of his physical condition. He then explained that his medication has kept him from being able to run the business, adding that he cannot afford to hire someone to operate the business. He related that the remodel of his home was $85,000.00 and the commercial building was approximately $100,000.00. He stated that his doctor has advised him not to work while he is on pain medication, unless he felt that he could work. He stated that he does not feel strong enough to work until the afternoon, which has not been good for his business. He added that currently he is only seeing customers by appointment only. He stated that his showroom features bronze statues, which is not l CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. -7:45 P.M. merchandise that would appeal to children but only to customers who can afford expensive items. He stated that he assumes that his target customer would be a decorator. He pointed out that his residence is only a small distance from the business. He went on to explain health issues with him and his wife, who has now been diagnosed with cancer. He stated that his wife is currently responsible for paying the loans. City Engineer Whisker related that Mr. Naji' s property is currently located in the County outside the City limits, but is part of the area that the City is about to annex within the next 30 to 60 days. He explained that he does not feel that the County was aware of the building being constructed and when the City became aware of the building they visited the business and discovered that the building did not have a restroom. He related that State code prohibits a business from not having a restroom. He added that Mr. Naj i had wanted waivers from asphalting the parking lot, constructing a sidewalk, or platting the property because he would not have enough money to finish the building if he were required to make those improvements. He went on to say that having a restroom is required by State law and he does not feel that it is something that can be waived by the Planning Commission. Alderman Howard related that he has observed that some businesses have signs posted that the bathroom is not for public use. City Attorney Bamburg stated that it would depend on the nature of the building. He explained that if the building is commercial and it is to be operable for the customer, then the restroom is for public use. He stated that businesses which have those signs typically do not have customers coming into their operational areas. He stated that it is not just State law that has to be factored into the consideration but also Federal ADA laws. He went on to say that the restroom has to be ADA compliant. City Engineer Whisker noted that because the building is 2,000 square feet, Mr. Naji would be required to have two restrooms, one men's and one women's restroom. In response to a question from Chairman Young, Mr. Naji answered that he has a showroom for bronze statues and he is planning to open by appointment only. He stated that he would not expect many people by appointment. He added that it would not be open to the public. He related that his physical limitations would keep him from opening the business to the public. In response to a question from Chairman Young, City Engineer Whisker replied that the property is within the City of Jacksonville's planning jurisdiction but is not zoned by the County because the County does not zone property. He stated that the property is both a business and a residence, so it will be brought into the City as a 2 . I . I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. -7:45 P.M. mixed use property. He then explained that all other area businesses have gotten building permits from the City and have been required to construct asphalt, sidewalks, and landscaping. He stated that Mr. Naji is requesting a waiver from those improvements. Chairman Young questioned what the businesses that are brought into the compliance with the code. procedure would City limits but be for any are not in City Engineer Whisker replied that if the business is existing and out of compliance, they would be required to make code improvements if they undertake a renovation of the business consisting of 50% improvements to the busine ss. He explained that e ach business will be inspected for code complia nce with a change of busin ess or change of ownership. Mr. Naji explained that when he purchased the property in 2005, the previous owner told him that he had a lawn mower shop on the property for 40 years. He stated that the previous owner did not have a restroom even though he had a commercial operation. He stated that now he is being told that he has to have two restrooms. Chairman Young explained that it is State law that requires restroom facilities. Mr. Naji stated that the State should realize that not everyone is in the same situation. He noted that he does not get a disability check and the building is a beautiful building on the Highway. He added that he cannot afford to install a bathroom, and he does not expect to have that many customers. He stated that the State should consider his situation. Mrs. Alison Naji addressed the Planning Commission, reviewing location of the property and stating that they purchase d the proper ty because it was in the County. She related that her hus band has h ad businesses in the past and wanted to open a business to generate a small income for them. She explained that the lawn mower shop was not in good shape so they spent personal funds from their retirement account to construct the new shop. She related that the shop was constructed by Crown Metal Buildings, explaining that the preferred contractor was used for the concrete work and the building looks good. She then explaine d t hat there is an asphalt drive way with a gravel turnaround and t wo concrete places to park. She we n t on to say t hat as far as landscap i n g, they paid to have the tree trimmed in efforts to save the tree. She then not ed that the bui l ding is wheelchai r access i ble wit h green construction features regarding the windows and door s . She a l so related that they paid to have a su rvey done on t he property . She stated that everything has been done r e gard ing t he parki ng and t he survey, adding that the only thing t h at s he is aware of being an issue is the restroom. She stated that they are not opposed to putting in a 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. -7:45 P.M. restroom but they are out of money; adding that they would like to have a variance to open the business, generate some income and then put in a restroom. She related that while 2, 000 square feet sounds big, if you look at the space in consideration to the inventory and office space, there is not that much showroom space. She stated that there is only room for one restroom, adding that they would make it ADA accessible. She stated that she feels the building is an asset to the City, which will generate income for them and the City. City Engineer Whisker agreed that extra money was spent to make it a nice building with green features. Discussion ensued regarding the criteria for the requirement of a second restroom. In response to a question from Commissioner Moore, it was answered that no plumbing pipes were put into the concrete slab when poured. He then questioned how a restroom could be installed at this juncture. Mr. Naji related that there is a crawl space under the building which would make the addition possible. He then related that there is no sewer only a septic tank for the residence. He stated that in order to have a restroom in the business, he would need to have another septic tank. Commissioner Moore confirmed with City Engineer Whisker that the installation of a second septic tank would also require a perk test by the Health Department. Mr. Naji reiterated that the building customers are by appointment only. limitations regarding being able to is not open to the public, but He then reiterated his physical keep the business open. Alderman Howard and Chairman Young pointed out that the requirement for a restroom is not a City code but a 2003 State plumbing code that cannot be waivered by the City. Chairman Young directed that Planning Commission are the landscaping requirements. the variances being asphalt, siqewalk, "' requested from the parking lot, and Mr. Naj i noted that the business has a large gravel parking lot, adding that the business located on the property previously had a gravel parking lot. He stated that the previous business had a lot of traffic while his business is by appointment only. Again, he outlined his physical inability to operate the business full-time and his not being able to hire anyone to operate the business for him. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. -7:45 P.M. Mrs. Naj i stated that since so much of the space is being used for inventory and office space, there is not enough space for the number of people to have a second restroom. She noted that she is aware of other establishments that only have one restroom. She stated that it would be wasted space and money. She then addressed the issue of a sidewalk requirement, saying that their property goes down a hill with a ditch and nobody would ever use a sidewalk for what is maintained for the right-of-way. She stated that they feel the driveway and the gravel drive is adequate, adding that they do their own landscaping. She noted that she just paid $200.00 to have the grass cut and they plant their own flowers. She added that this is a "Mom and Pop" operation and they cannot afford to spend $20,000.00 on landscaping. Mr. _Naji added that because of the way the property is situated against the road there is no place to put a sidewalk. He stated that he does not know who would want to walk on the side of the Highway. City Attorney Bamburg reiterated that the restroom issues are requirements that the City ensures that buildings comply to, adding that these are not requirements created by the City of Jacksonville. He acknowledged, as previously discussed, that the plumbing code requires two restrooms because of the square footage. Commissioner Keaton questioned if the between storage, office, and showroom; second restroom be eliminated. available could the space is divided requirement of a City Eng i neer Whisker stated that t echnica lly when constructing a building over $100,000.00 which is availa ble to the public, you are supposed to hire an architect to build the building to ensure that it is code compliant. He stated that Mr. Naji entered the process in the middle by building the building and missed all of the preplanning steps, so now the City is trying to help him get to the project's end. He stated that if Mr. Naji would like to hire an architect to determine if he is code compliant, since he is requiring two restrooms he could do that. Chairman Young related that the space could not be broken down according to use, it is figured by the overall use of the building. He stated that the overall use would be the buying and selling of goods. He stated that it would be d ifferent if the building were a warehouse regarding a distribution operation . Mrs. Naji stated t h at they are tryi ng to wor k with the City of Jacksonville, noting that t he building was not j ust thrown up it was engineer ed by Crown Metal Buildi ngs . She added that they were t old because they are located in the County t hey did not need to get a permit. She explained that she b e lie ves they checked with 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. -7:45 P.M. Jacksonville and also Cabot, noting that they received a letter from Cabot excluding the requirement. She stated that they have a Cabot address. She added that they also checked with Pulaski County and they were under the assumption that they did not need a permit. She stated that the requirement for one restroom will be hard enough for them to achieve. She again noted that a second bathroom would just be a waste of space. She stated that since they are not in Jacksonville yet they need an extension, asking if it would be possible for them to be grandfathered in with the requirement of only one restroom. Discussion ensued regarding the possibility of making the restroom large enough to be split into two restrooms with only a toilet and a sink. Mrs. Naji stated that if it is split it would not be large enough to be handicap accessible. Chairman Young noted that each of the units would have to be approximately 6. 5 X 7. 0 feet. He added that it would have to have proper door hardware and clearance for ADA accessibility. He stated that he feels Mr. and Mrs. Naj i will need time to have a plumbing engineer figure out how to get the restroom laid out within the facility. City Engineer Whisker stated that the State Plumbing Code would be a factor, explaining that it is a commercial business and they will be required to have the plumbing riser diagram reviewed and approved before the restroom can be constructed. He clarified that the Arkansas Department of Health Plumbing division would need to address the issues of a perk test regarding the second septic system. Mrs. Naji noted that they had paid to put in the conduit, adding that they have the designated place for a restroom and the only thing that they are missing is the plumbing. She added that they had even intended to put in a second septic tank. She reiterated that is why they would like to open the business, generate some income, and then have a restroom constructed. She related that she felt there could be some leeway given the fact they are still in the County and not yet a part of the corporate limits of Jacksonville, adding that maybe there is some way that they could be grandfathered. City Attorney Bamburg pointed out that the location is within Jacksonville's extra territorial jurisdiction, explaining that the Commission has an obligation to enforce the laws and requirements regarding the construction code. He acknowledged that the facility does not meet those codes and the owners are requesting as many as five different categories, several of which the Commission does not have the authority to waiver. He then related that other area businesses would be addressed as the annexation progresses and the City inspects properties. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. -7:45 P.M. Mrs. Naj i related issues given a down turned economy, saying that she did not feel that they should be forced to do things that would be required of a large company. She stated that if required to make all the improvements that have been mentioned, then as a small business they will never be able to get the business off the ground. She stated that it would not provide income to them or Jacksonville, adding that it would be a waste. Commissioner Brannen moved, seconded by Commissioner Keaton to deny the site plan as presented. Chairman Young stated that the Planning Commission and City of Jacksonville is very pro business, adding that everyone wants businesses to thrive and do well. He stated that the Commission and City is willing to help by suggesting various available avenues. He stated that as Jacksonville grows into the annexed area, certainly the City wants all those businesses to do well and grow. At this time MOTION CARRIED. Commissioner McCleary suggested they return and provide plans regarding the restroom, noting that the City would have to abide by any State or Federal requirements. Chairman Young stated that a waiver would have to be obtained from the State Department of Health. Commissioner Moore offered that there might be agencies that would help because of Mr. Naji's disability. Commissioner Keaton noted that when the site plan returns before the Commission there would also be a requirement to file a plat. City Engineer Whisker clarified that while the petitioner has offered a survey of the property; a plat would be required, subdividing the property. He explained that the property consists of 11 acres and would need to have a final plat for filing. Chairman Young offered that the surveyors could provide a final plat of the entire acreage. Mr. Naj i reiterated that he does not have the money to construct a restroom, saying that in a few months he may not even have a business located on the property. He stated that if his wife loses her income because of having cancer the bank will get everything. He related that it cost $100,000 to construct the business and he has not been able to derive any income yet. Commissioner Ott offered his understanding but reminded that the Planning Commission does not have the authority to grant the waiver for the restroom. 7 I I L I GENERAL: ANNOUNCEMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2011 7:00 P.M. -7:45 P.M. ADJOURNMENT: Chairman Young without objection adjourned tha meeting at approximately 7:45p.m. Respectfully submitted, 8 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): AGENDA JULY 11, 2011 7:00 P.M. Regular Planning Commission Meeting of May 9, 2011 a. PRELIMINARY PLAT Base Meadows PH IV Petitioner: Greg Heslep Representative: Lemons Engineering b. PRELIMINARY and FINAL PLAT Harris Subdivision Petitioner: Curtis Harris Representative: Bond Engineering Addition to Agenda: Recommendation to create a C-5 Zoning wholesale and distribution of alcohol sales 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT PAGE OPENING REMARKS: The Planning Commission regular session on July at approximately 7:00 attendance. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. -7:52 P.M. of the City of Jacksonville, Arkansas met in 11, 2011. Chairman Young opened the meeting p.m. expressing appreciation to those in ROLL CALL: Commissioners Art Brannen, Jim Moore, Susan Dollar, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Chairman Young declared a quorum. PRESENT (7), ABSENT (2). Commissioner McCleary arrived at approximately 7:12 p.m. Others present for the meeting were City Engineer Jay Whisker, Fletcher, Director of Administration Jim Durham, Tim Lemons, Roberts, interested citizens, petitioners, and press. Mayor Shada CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Howard moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 9 May 2011 as amended. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Base Meadow PH IV Mr. Tim Lemons with Lemons Engineering, representing developer Greg Heslep, offered the plat. City Engineer Whisker related that PH IV is located at the northern end of Base Meadows Subdivision. He stated that the Water Department had some concerns and has not approved the revised plat submitted, requesting that any approval be contingent on Water Department acceptance. He pointed out that the other issue is that the street grades within the culdesac go upwards of 9%, which breaks ADA standards for sidewalks. He explained that City code states 20 lots or greater is the breaking point and this phase has 23 lots and requires sidewalk. He then added that with the grade of the street it would not follow ADA rules. He then pointed out that this would also apply to the area located on Hwy. 107. He explained that he is unfamiliar with ADA regulations regarding sidewalks along a road running the same grade as the road. He stated his feeling that City Attorney Bamburg would need to research that law. He then related that the developer is requesting a sidewalk waiver along Hwy. 107 from Aviator to the north. He noted that the developer is finishing the sidewalk that was started along Hwy. 107 from Base Meadows Drive going north and stopping short by one or two lots. He explained that the sidewalk would go between the entrances onto Hwy. 107 and up to General Samuels. Mr. Lemons interjected that ADA regulations do not require that a sidewalk has to be built on every street, adding that it does state that if a sidewalk is built it must be to ADA standards. He then CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. -7:52 P.M. added that ADA requires a cross rate of 2% regarding sidewalks, which means you can have about an inch of fall regarding a 5' wide sidewalk. The grade along the centerline of the sidewalk cannot exceed 5% unless it is a ramp. He then stated that a ramp can go up to 8.3%, but can only go up to 12' in length before it has to be tapered back out. He stated that having a 9% grade on this street for the first 300' there is no way to build a sidewalk that would be ADA compliant. He stated that the developer is offering to build a sidewalk from Hwy. 107 around to the interior street where the two sidewalks are now. He stated that the waiver is not that great because there are only 23 lots and the maximum is 20 lots. City Engineer Whisker stated that a sidewalk could be built, but it would be to a smaller grade. He went on to say that there would be length and then you would have to switch back in the front yard. He then answered that by law ADA regulations must be followed if the sidewalk is built. Mr. Lemons offered that any sidewalk would loop back around, clarifying that they are requesting not to have to build the sidewalk within the culdesac. Further discussion ensued regarding ADA requirements, City Attorney Bamburg stated that it would need to be researched but added that his concern would be granting a sidewalk waiver. He stated that while he understands the need to comply with ADA, the City Council is insistent on having sidewalks regarding all developments. He added that it is more of a local legislative effort rather than the Federal legislative effort regarding ADA. City Engineer Whisker noted that approximately 10 years ago the Planning Commission approved a subdivision without sidewalks and the City Council did not approve the final plat; the developer had to go back and put in the sidewalks. He then added that in this particular instance this is an unusual situation that has occurred for the first time. He stated that he is not in support of putting in a sidewalk that cannot be ADA compliant. Mr. Lemons noted that any sidewalk built after 1992 has to be ADA compliant. He went on to say that ADA does not always require a sidewalk but if a sidewalk is constructed it has to be ADA compliant. He offered that if a waiver from sidewalk is researched and it is found that ADA would not require compliance because of the terrain, the developer would add the sidewalk to the construction. He then answered that ADA only requires that sidewalks be 36" wide, but the centerline grade cannot be above 5% for an extended length. 2 I . I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. -7:52 P.M. Commissioner Ott suggested a retaining wall to the front of the lot in order to have a better grade for sidewalk construction. Mr. Lemons pointed out that it would be costs prohibitive. He then reiterated that the waiver is for 23 when the cut-off is 20 lots. In response to a question from Chairman Young, City Engineer Whisker noted that the request for a sidewalk waiver along Hwy. 107 was previously discussed but was postponed until the next phase was proposed. He then offered the other issue, noting the lots with numbered building pads for elevation back up to the creek that drains the Air Base lake, adding that there was a study by the Corp. of Engineers regarding the ramifications of a 100 year rain, if the dam were to break. He stated that the study designated the dam as being a low-hazard as opposed to be a high-hazard. He stated that the elevations will keep those houses from flooding if those conditions were to occur. He explained that an option to have a retaining wall versus the elevation pads was discussed; a retaining wall would have to be engineer approved regarding the hydrostatic pressure of the dam at that elevation. He noted that there are approximately six lots that would be affected by this. He stated that any approval would need to state safeguards regarding the pad height or engineered drawings to ensure the stability of the structure due to the possible flooding of the area. He then answered that none of the property is actually in the flood plain or floodway, reiterating that it was a study by the Corp. of Engineers that showed what would happen during a 100 year rain event if the dam were to break. Chairman Planning factor. Young stated that he Commission would have feels the only recommendation the purview to would be the elevation City Attorney Bamburg clarified that whether it is the pad elevation or the retaining wall, the Planning Commission needs to ensure that it satisfies minimum engineering requirements and the minimum flood preventive requirements. Commissioner Moore noted that the area of the six lots in concern is a steep declining terrain leading to the creek bed. He then related that he went on Base to look at the dam, saying that it is a dirt berm type dam. He stated that he would be concerned about a pier and beam type foundation, questioning if the water could still get underneath the homes. He then brought up further concerns for any additional buildings such as a storage building in the back yards. Mr. Lemons stated that performed by the Corp in all the buildings above that they are enacting a they are recognizing the study that was 2004, adding that they are proposing to bring the elevation based on that study. He stated flood zone on property that does 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. -7:52 P.M. not technically have a flood zone. He stated that any requirements r egarding pads versus pier and beam would be requirements that they woul d have to comply with rega.rding the six lots. He noted that any f i ll would onl y have to be 3 .5', adding that the l ots are not that far o ff from the requested elevation b y the Corp o f Enginee rs . He then ans wered that regarding pier and beam con struction it would b e about the same, noting that as you move to the end of the culdesac the ground begins to rise and move out of this problem. Commissioner Dollar moved, seconded by Commissioner Brannen to approve the Preliminary Plat of Base Meadows PH IV; contingent upon approval from the Water Commission, waiving the sidewalk requirement regarding the culdesac, waiving the sidewalk on Hwy. 107 north of Aviator, and that pier and beam or pad construction comply with e ngineer specifications regarding Corp of Engineers' elevation requirements with the option of using a pad or pier and beam. In resp onse to a question from Alderman Howard, City Engineer Whisker noted that t he west side of Jacksonville tends to have more hills that would be a consideration for sidewalk construction. He stated that there could be additional requests for sidewalk waivers r egarding further development of the west side of Jacksonville. City Attorney Bamburg requested an opportunity to research the ADA sidewalk requirement issue. Commissioner Dollar moved, seconded by Commissioner Brannen to approve the Preliminary Plat of Base Meadows PH IV; contingent upon approval from the Water Commission, and that pier and beam or pad constr uction comply with engineer specifications regarding Corp. of Engineer elevation requirements with reservation regarding sidewalk issues to be addressed at the regularly scheduled August Planning Commission meeting. MOTION CARRIED. b. PRELIMINARY and FINAL PLAT Harris Subdivision Shada Roberts of Bond Engineering s t ated t hat t he petit ioner i s proposing to divide a hal f acre property into t wo lots to buil d single-family home~.. She pointed out that there i s an existing sidewalk and util ities avail able to site . She then noted that a 20 ' right-of-way issue has been agreed on. City Engineer Whisker informed t he Commission that this property located at 510 Ray Road had a house that wa s c on demned a nd demo l i shed by the City in 2002. He noted that lot one of t he proposed subd i vide is 1' s hy in width of satisfying t h e R-1 zoning specifications being 59' i nstead of 60 ' . He then added that t he square footage is b igger than minimum requirement. He added that sidewalk and curb and gutter is already at the site with all utilities. 4 -I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. -7:52 P.M. Alderman Howard moved, seconded by Commissioner McCleary to approve the Preliminary and Final Plat of Harris Subdivision, granting a 1' waiver for lot 1. MOTION CARRIED. ADDITION TO THE AGENDA: Commissioner Moore moved, seconded by Commissioner McCleary to suspend the rules and add to the agenda an item regarding the newly annexed territory along the Hwy. 67 corridor. MOTION CARRIED. City Engineer Whisker offered a zoning map of the annexed terri tory, explaining that the proposed zoning matches the current use of the property. He reviewed the existing zoning uses as well as the creation of a new zoning of C-5 to accommodate liquor stores. City Attorney Bamburg related that the C-5 zoning was setup to allow for alcohol distributorships, off-premises retail of alcohol sales, and off-sale wholesale alcohol sales. He explained that a liquor store may also hold a wholesale license in order to sell to private clubs or restaurants. He related that the setup for C-5 follows what C-4 allows regarding dimensional requirements. City Engineer Whisker noted an area near Coffelt and John Harden that is zoned C-3, R-3, and A-1 as part of an agreement with the property owner. In response to a question from Commissioner Dollar, City Attorney Bamburg stated that because 90% of Jacksonville is part of the Old Gray Township, a new zoning was necessary rather than have it put under the existing C-4 zoning. He further explained that the Township is dry regarding alcohol sales. He noted that any modification to the wet/dry issue would require a vote by citizens living within the Old Gray Township territory. He then pointed out a provision in the draft ordinance which reads "No real property located outside the legally defined and specified boundaries of the property /terri tory known as the Old Gray Township may be classified, modified, or zoned as a C-5 zoning district." He stated that the City still has to comply with the Old Gray Township requirement until that is changed, adding that to his knowledge there is no vote planned on the issue. Director of Administration Jim Durham pointed out that any property south of Coffelt is part of the Old Gray Township in this particular area. He stated that everything that was annexed north of Coffelt is outside the Old Gray Township. He reviewed areas that were brought in as commercial. City Attorney Bamburg stated that the Planning Commission would need to make recommendation to the City Council. He then answered that the proposed additions would expand the current Land Use Map. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2011 7:00 P.M. -7:52 P.M. Commissioner Dollar moved, seconded by Commissioner Ott to recommend to the City Council the proposed changes of the Land Use Plan including the addition of a C-5 zoning. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:52p.m. Respectfully submitted, 6 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADDITION TO AGENDA: ANNOUNCEMENT(S): ADJOURNMENT AGENDA AUGUST 8, 2011 7:00P.M. Regular Planning Commission Meeting of July 11, 2011 CONDITIONAL USE: Property Located on North First Street R-3 in C-2 zone Petitioners: Philip Keaton & Shawn O'Dell SITE PLAN: Townhouses on North First Street Petitioners: Phillip Keaton & Shawn O'Dell (site plan included in packet) ADA sidewalks waiver Base Meadows PH IV Recommendation from City Attorney Bamburg REPLAT Lots 398R, 460R, 461R, 463R, & 464R Northlake Subdivision PH XI PAGE CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. -8:12 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on August 8, 2011. Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, McCleary, and Alderman Howard answered declared a quorum. PRESENT ( 7) , ABSENT Dollar and Twitty were absent. Glen ROLL (3). Keaton, Joe Ott, Eric CALL. Chairman Young Commissioners Moore, Others present for the meeting were City Engineer Jay Whisker, Tommy Dupree, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Howard moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 11 July 2011 as presented. MOTION CARRIED. PUBLIC HEARING (S) : CONDITIONAL USE Property located on North First Street R-3 in C-2 zone Chairman Young opened the public hearing at approximately 7:13p.m. Mr. Shawn O'Dell related plans to construct a 19 unit townhouse development. Without opposition, Chairman Young closed the public hearing at approximately 7:14 p.m. City Engineer Whisker noted that Mr. O'Dell had supplied a sketch plan and photographs of townhouses similar to his proposed plan. He then related that there were problems in the past regarding wet weather overflow of manholes, but Bob Williams of the Sewer Department had stated that due to ongoing rehab work there have not been any overflows in the past several years despite wet weather. He then related that Mr. Williams had expressed that the biggest problem would be the pump station across the Freeway at the corner of T.P. White and Northeastern Avenue, adding that larger sewer lines are in the works. He clarified that the Sewer Department is planning to remove the sewer pump and construct a gravity flow line all the way down to what use to be the East Plant. He then answered that the location on North First Street off Taneyville Road is in proximity to Arthur's Beauty College, Cayenne Restaurant, Action Signs, Pine Meadows Trailer Park, and Christian Academy. It was noted that the current area zoning consists of residential and commercial. City Engineer Whisker noted that the property is zoned C-2 and is located directly across the street from an R-0 development of single-family homes. He then pointed out that the property is CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. -8:12 P.M. adjacent to R-0 1 R-3 1 and C-3. He stated that the conditional use would change the use of the property from commercial to residential providing a buffer ·from the single-family residential to commercial. He explained that the zoning would remain commercial but the allowable use for this development would be residential. He then answered that it was the petitioner's request for a conditional use rather than a rezoning . He then noted that there are several other area locations that have a conditional use of an R-3 in a commercial zone, he ·mentioned Foxcroft Apartments on Madden Road. In response to a question from Alderman Howard, City Engineer Whisker stated that North Pulaski County has difficulty regarding traffic, explaining that the only two exits out of North Pulaski onto the Freeway are North First or the Hwy. 5 exit. He stated that the area has a high traffic count but this development only has 19 residences. Commissioner Ott moved, seconded by Commissioner Brannen to approve the request for a conditional use of R-3 in a C-2 zone along North First Street for a townhouse development. MOTION CARRIED with Commissioner Keaton abstaining. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): SITE PLAN REVIEW Townhouses on North First Street Chairman Young questioned if the parking is adjacent to North First Street. City Engineer Whisker stated that the petitioner had explained that he believed it would be a separate drive that would not back out onto North First Street. He concurred that he did not feel the residents of the complex should be allowed to back directly out onto North First Street. He related that the landscaping would have to match requirements of R-3 developments. He then noted that the development has a 261 green space and a 23' on either side but will probably need a ~ foot side yard variance. He explained that the dumpster is proposed to be at the rear of the development adjacent to Pine Meadows Trailer Park, adding that the developer is planning to construct a privacy fence. In response to a question from Commissioner McCleary, Mr. O'Dell related his plan to have a 20' entrance to the parking area on North First Street, keeping cars from having to back out onto North First. He added that he would construct a curb to prevent cars from being able to back out. Chairman Young suggested having green space in the area between North First Street and the parking area. He continued saying that landscaping code would need to be met. It was then related by Mr. O'Dell that the space between townhouses would be 12.5 feet. 2 •I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. -8:12 P.M. Mr. O'Dell agreed to have the dumpster screened with fencing. Commissioner Brannen moved, seconded by Commissioner Howard to accept the Sketch Plan incorporated with suggestions from the Planning Commission. MOTION CARRIED with Commissioner Keaton abstaining. GENERAL: ADA sidewalk waiver Base Meadows PH IV City Attorney Bamburg informed the Planning Commission that they have the authority to recommend waiver of the sidewalk requirement but do not have the authority to waive or forego ADA requirements. He clarified that while the sidewalk could be waived the ADA requirements could not be waivered. Chairman Young stated that as long as he has been on the Planning Commission, the Commission has tried not waive sidewalks in order to be consistent with every project, every subdivision because it ends up costing the City money to add those sidewalks in the future. Commissioner Ott stated that the two alternatives would be to grade the street so that it can meet the ADA grade or waive the requirement for those one or two lots that made the culdesac require a sidewalk. Mr. Dave Stanley with Lemons Engineering reiterated that the issue is that more than 20 lots on a culdesac street requires a sidewalk, adding that this street has 23 lots. He stated that because of the slope on the streets they would not be able to adhere to ADA requirements with a typical sidewalk. He stated that it would be impossible, explaining that the maximum slope for a sidewalk is 5% unless you have a ramp then you can go up to 8%, but you also have to have handrails with flat spots. He informed the Commission that even if they constructed a series of ramps and flat spots all the way down the sidewalk, it would still be impossible to actually build the sidewalk because when you get to the end it would still be 5 or 6 feet above the natural ground at the bottom of the hill. He noted that grading the street was mentioned, which would make the street approximately 6' higher than the natural ground. He stated that it would basically be filling in a giant hole with an enormous amount of dirt to build the road and then you would also have to build out the sides for the sidewalk. He stated that the driveways would be coming down 5' to get into the lots. He stated that would not be a feasible solution. He stated that the only other solution that was discussed at the last meeting was some sort of turnback ramps in the front yards for the entire length of the street. He noted that this option would more than double the amount of sidewalk going down this street and would require retaining walls in certain areas along the street, which would dramatically increase the costs. He stated that another solution would be to have three turnback ramps side by side, which would be triple the amount of concrete and would require handrails down the ramps, adding that it would be an "eyesore". He stated that 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. -8:12 P.M. options are limited, noting that this option would not make the sidewalk user friendly. He related that they are requesting a waiver from having to construct a sidewalk on Airborn Cove or along Hwy. 107 in the same vicinity going up to the Air Base. He stated that the existing sidewalks within the subdivision would connect back with no dead ends. He offered sketches of the two different turnback options, stating that one option would create a bunch of small green spaces that would be very difficult for residents to maintain and the other option would create side by side ramps in front yards that would not be very aesthetically pleasing. He stated that it would probably take two of these turnbacks at each lot just to get through the street. Chairman Young stated that he has never seen a project that tried to make everything ADA compliant. He went on to say that typically sidewalks follow the terrain. Mr. Stanley stated that in northwest Arkansas they do not put sidewalks in hilly terrain subdivisions. He reiterated that in areas of steep grade they did not construct sidewalks. He stated that the majority of sidewalks that have steep grades between 12 to 15% were built prior to 1992 or before the ADA act was fully enforced. He related that there is no governing body that enforces the ADA act, adding that it is the responsibility of municipalities. He went on to say that some cities are ardent about sidewalks, such as Cabot, which has caused a number of lawsuits over the last 8 years. He related that based off their interpretation of the American Disabilities Act, it does not make any specific provisions for subdivisions. He stated that it only discusses sidewalks in general. He stated that a ramp can only be 30' in total length, maximum grade is 8.33%, or 1' drop in 12 feet; adding that if a ramp is longer than 6' it has to have handrails on both sides with a 5' flat landing at the end of every sidewalk. Chairman Young asked Mr. Stanley to demonstrate the 9% slope for clarification through the culdesac area. He stated that it is slightly less than a 1' drop every 10 feet. In response to a question from Commissioner Ott regarding a sidewalk on Aviator Drive, Mr. Stanley stated that he believes Aviator Drive will be a culdesac with less than 20 lots. Commissioner Ott noted that the first part of Aviator Drive in the vicinity of lot 237 the sidewalk would be looped, but referenced the other side of Aviator Drive and Airborn Drive, questioning if there were any plans to establish sidewalks in that portion. Mr. Stanley answered that he did not believe there would be a sidewalk because it is a culdesac street with a lot less than 20 lots. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. -8:12 P.M. Discussion ensued regarding how the sidewalks would loop back to each other as well as the topography and grades along Hwy. 107. Chairman Young questioned if the grade was accessible from lot 290 up and around the culdesac, noting that it might be strange to have a sidewalk midway once you get to the downhill slope. Mr. Stanley stated that if that is what the Planning Commission directs, it would not be a huge issue but it might look funny. He went on to say that the reason the developer is requesting a waiver is not because of the costs issue but more of a liability issue. City Engineer Whisker offered to research other cities and determine their actions under similar situations. Chairman Young agreed saying that Commission to set a precedent for necessary. he would not want waiving a sidewalk the Planning unless it is Alderman Howard moved, seconded by Commissioner McCleary to table the issue of sidewalk waivers for Base Meadows PH IV and have City Engineer Whisker return with recommendations regarding what other cities have done. MOTION CARRIED. ADDITION TO AGENDA: REPLAT Lots 398R, 460R, 461R, 463R & 464R Northlake Subdivision PH XI Alderman Howard moved, seconded by Commissioner Ott to suspend the rules and add the replat of lots 398R, 460R, 461R, 463R, & 464R of the Northlake Subdivision PH XI to the agenda. MOTION CARRIED. City Engineer Whisker explained that Developer Tommy Dupree is requesting a replat of five lots, pointing out that lots 462 and 439 have existing homes. He pointed out that those houses were built to the 35' build lines and the current bill of assurance requires a minimum of 2100 square foot homes. He stated that the lots on Hummingbird lane were replatted with 25' build lines before any houses were built. He went on to say that now Mr. Dupree is requesting the replat of the aforementioned lots with 25' build lines with a minimum 1600 square foot for the houses according to line 7 of the replat. He related that this would require a change in the bill of assurance. He then noted that other homes on Mule Deer Drive are 1800 square foot. He noted a similar situation going from the 35' to a 25' setback where there were a few lots that had a 30' setback as a method of transition into the 25' minimum setback. He recommended leaving the existing setbacks for lots 398R, 4 64R, and 4 63R and then allowing a reduction of setbacks for the remaining lots. He stated that because this request changes the overall planning of the neighborhood, he felt it needed to be reviewed by the Planning Commission. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. -8:12 P.M. In further discussion, City Engineer Whisker suggested that lots 461R and 4 60R be platted with 30' front build line setbacks, noting that lot 462 has a 35' setback and beginning at lot 459 there is an established 25' setback. He explained that Mr. Dupree has developed different phases at various times, which created phase XI that was final platted about the 04 or 05 time frame when larger homes were in demand. He related that phase XIII that is connected to this phase from the middle of Hummingbird Lane has gone back to the smaller lot with the new 25' setback. In response to a question from Commissioner McCleary, City Engineer Whisker explained that the builder of lot 464R brought a building permit request to the Engineering Department on Friday and a copy of that plot plan has been provided to the Planning Commission. He related that the proposed setbacks did not match the current plat dimensional requirements. He went on to say that the builder is proposing to build an 1820 square foot house. He then answered that the two existing homes in the area are over 2100 square feet if built according to the existing bill of assurance. Commissioner McCleary questioned if the change in minimum square footage would affect the property value of existing homes. City Engineer Whisker stated that while he is not an appraiser, on a price per square foot basis, if all things are equal, they would be less money. Mr. Dupree noted that on lot 4 there is a pre-sold that is beginning construction that will be 2200 square feet, adding that they are looking to have a mix of square footage. He related that there is a 4000 square foot house that is being finished on Fawn Wood that has a 2200 square foot house next door. He stated that they are trying to get the street lined up to where there will not be a drop off between the 35' and 25' setbacks. He added that the feels Mr. Hicks (the proposed builder) could be accommodated with a 30' setback for his 1820 square foot house. He related that just because the minimum is being proposed for 1600 square foot does not mean that it will be a 1600 square foot home. He stated that it would not have any affect on the value or appraisals. He added that he has learned that the older generation wants a slightly smaller home. He reiterated that he is not seeing any difference appraisal wise, saying that the appraisals in Northlake run $110.00 to $120.00 per square foot. He introduced Mr. Leroy Hicks, the proposed builder of lot 464R. City Engineer Whisker stated that the plot plan could fit on a 35' front yard setback, adding that it would adjust the rear setback from a proposed 35' setback to a 25' setback. It was noted that the front yard setback is off Mule Deer Drive and access is off Northlake Drive. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. -8:12 P.M. Chairman Young noted that the bill of assurance would need to be modified to address the varying degree of sizes for the homes. City Attorney Bamburg clarified that City Engineer Whisker would not be abl e to appr ov e a buil ding per mit for lot 4 64R regarding a 1820 square f oot house in an a r ea t hat already has a r e quirement for a mini mum of 21 00 s q uare f eet homes . He stated that t he modification would have to be made to the bill of assurance and the bill of assurance would have to be modified by the property owners. It was clarified that bills of assurance are enforced by the neighborhood. In response to a question from Mr. Dupree, clarified that the new bill of assurance would the Pulaski County real estate office. City Attorney Bamburg need to be filed with Cit y En g i n eer Whisker a dded that he would need a copy of the filed modifi cation bill of ass urance with all signatures. Commissioner Ott moved, seconded by Commissioner Keaton to approve the Replat of lots 464R and 463R with a 35' front yard setback, lots 461R and 460R with a 30' front yard setback, no setback change for 398R and filing of a modified bill of assurance regarding all proposed changes. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 8:12 p.m. Respectfully submitted, ' fr 7 I -I JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA SEPTEMBER 12, 2011 7:00 P.M. Regular Planning Commission Meeting of August 8, 2011 PRELIMINARY & FINAL PLAT Marine Subdivision, Lot 1 Petitioner: Mr. Blake Huff Representative: Bond Engineering SITE PLAN Marine Subdivision, Lot 1 Petitioner: Mr. Blake Huff Representative: Bond Engineering PAGE Recommendations from City Engineer Whisker regarding sidewalk consideration from other cities OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on September 12, 2011. Chairman Young opened the meeting at approximatel y 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton , Jim Moore, Ott answered ROLL CALL. Chairman Young decl ared a quorum. ( 5 ) , ABSENT ( 4) . and Joe PRESENT Others present for the meeting were City Engineer Jay Whisker, Shada Roberts, Mayor Fletcher, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 8 August 2011 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT (S) : PRELIMINARY & FINAL PLATS Marine Subdi vision, Lot 1 Ms. Shada Ro be rts of Bond Engineering s t a ted that the property consist of one tract be i ng proposed for devel opment of a boat dea ler ship. She related t h at t he highway d riv e p e r mit h as been submitted to the Highway Department, a d ding that t here is already a 1" wat e r meter established for the l ot . She explained that the property would have a septic tank, adding that two areas for septic have been approved by the Health Department . She then noted that the property already has a sidewa l k that i s a l ong T . P . Whit e Drive. She mentioned discussions with City Engineer Whis ke r regarding a reque sted 20' easement, noting that whil e the plat actually shows a 10' easement the de veloper is aware the City is requesting a 20' easement . In response to a question from Chairman Young, City Engineer Whisker explained that the easement is for the Water Department. He explained that the Water Department is propos ing to run the main trunk waterline along T . P. White . He then added t hat the location is just n o rth of Coffelt Road and the LDS Church . Ms. Roberts related that the driveway is approximately 200' north of the Austin Ready Mix plant. City Engineer Whisker additionally explaine d t hat a previous deve l oper ran water underneath the freeway, so t hat fi re flow wa t er c oul d be provided to the north and south . He s tat e d that as property is devel oped the Water Department will need l arger lines to adequ a t ely provide fire flow . He then ans we red that the property is zoned commercial for this type of operat i on . CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. City Engineer Whisker confirmed with Mr. Blake Huff that the Final Plat is to be withdrawn from the agenda, expressing his intention to resubmit the Final Plat following the completion of improvements. City Engineer Whisker stated that it is Mr. Huff's desire to obtain preliminary site plan approval so he can begin construction along with the improvements. He informed the Commission that other improvements would need to be contingent upon approval of the preliminary plat approval. Commissioner Moore moved, the Preliminary Plat of necessary approvals from as well as a 20' utility voting AYE. seconded by Commissioner Keaton to approve Marine Subdivision, Lot 1 stipulating any the Health Department and Highway Department easement. MOTION CARRIED with Chairman Young BUILDING PERMIT(S): SITE PLAN Marine Subdivision, Lot 1 In response to a question from Commissioner Moore, Mr. Huff answered that the front security fencing would be iron with 6' chain link fencing with 12" barbed wire at the top on the remainder of the property. Chairman Young questioned plans for landscaping. Ms. Roberts and City Engineer Whisker acknowledged landscaping plan is currently being worked out. that the City Engineer Whisker related that the developer is proposing to have water retention on the south side of the property, adding that he believes the biggest issue is dust free parking. He pointed out that the design has 3 parking spaces with 1 handicap parking space to the front, while the remainder of the space used for storage/parking for boat sale area is being proposed as being gravel. Mr. Huff offered that there would be customer side parking, pointing out that concrete around the building would be a 20' apron, assuring the Commission that patrons would not be parking on gravel. City Engineer Whisker explained that while there are existing businesses with gravel areas, since being annexed, developing property is being required to adhere to City standards providing dust free parking as prescribed by Code. Mr. Huff noted the expense to concrete 2. 5 acres, explaining that while he is trying to save money, he feels the business will be aesthetically pleasing. He then noted that just the fencing will cost $35, 000.00. He related that almost any boat type dealership would have a gravel type parking lot for their display. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. City Engineer Whisker reiterated that the major issue is dust free parking, noting that the boat dealership in Sherwood is paved. Mr. Huff stated that the Sherwood boat dealership business is located presently, adding that there is parking lot. is where gravel in his the City Engineer Whisker stated that he could understand having part of the area in gravel toward the rear of the business but not generally where the public would be walking. He then noted that another recent petitioner also wanted to keep just a gravel parking lot, but added that it is not to City code development. He stated that the frontage area will need to be concreted. He then answered that it could be either concrete or asphalt but the rule states "dust free". Mr. Huff assured the Planning Commission that the development would be one of the top establishments as far as aesthetics in the area. He stated that the least expensive boat they offer is $50,000.00, adding that they cater to high end customers. He related that they carry six lines of brand new boats, keeping an inventory around 2 million dollars. He reassured the Planning Commission that he intends to develop a nice attractive business. Chairman Young as ked Mr. Huff if he could agree to bring the paved surface across the front for the first 100'. Mr. Huff noted that his property is at the bottom of the hill and at the top of the hill there is a major water leak. He went on to say that the Water Department had informed him that it leaks 2 gallons a minute. He continued saying that he had to construct a ditch to maintain all that water and that is why the parking lot does not extend further. He related that the ditch is 18' wide. City Engineer Whisker stated that he would investigate the situation of a water leak and it would be repaired. Mr. Huff stated that the Water Department is aware of the leak and is doing what they can, adding that they contacted the Church where the water leak is, but it is his understanding that the Church is willing to pay for the leak rather than repair the line. City Engineer Whisker stated that the City would help in seeing that those problems are corrected by the responsible party. Mr. Huff explained that originally he planned a driveway with two entrances, adding that he was were too close. complete turnaround told the entrances City Engineer Whisker clarified that there has to be 250' between the drives. 3 ... CITY OF JACKSONVILLE , ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. Mr. Huff then stated that he was told by Bond Engineering that the only way to fix the water was to figure out some way to retain it. He stated that the water has been pouring onto the property for years, which is why there had to be a large amount of dirt work to get this property ready to be developed and constructed. He added that he has spent a large amount of money just trying to get the property to where it is now, saying that he could have asphalted five acres. Chairman Young questioned if Mr. Huff would be amenable to asphalting the frontage area consisting of approximately 272' across with a combination of landscaping in order to present a dust free parking across the frontage. He offered that going towards the back there could be some type of gravel with a coating. City Engineer Whisker clarified that the terminology of "dust free" generally applies to concrete or asphalt unless there is some other product similar to that such as paved stone that would create the same type of "dust free" surface. Chairman Young acknowledged that there are issues to be worked out regarding the site plan, suggesting that City Engineer Whisker be involved regarding the leak and modifications to the site plan. City Engineer Whisker offered that the developer has stated that he would meet landscaping code requirements. He added that Mr. Huff has cleared the lot and is ready to begin digging the footings. He noted that the last businesses that were developed were asphalted at least to the distance of the building. Discussion ensued regarding landscaping issues for some of the businesses that are still trying to comply with Code. City Engineer Whisker stated that he feels the "dust free" area should consists of a reasonable loading area and viewing area to the business frontage. Mr. Huff explained that the outside boat inventory storage would be housed to the north side of the building, noting the location of the iron fencing in relationship to the storage area. Chairman Young clarified that the only additional area being debated is the boat storage area. Mr. Huff concurred the building is requirements. He water and moisture work in that area . with City Engineer Whisker that the south side of being used to meet most of the landscaping noted the ditch area, adding that because of the it would not be possible to do any type of concrete 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. City Engineer Whisker reiterated that the focus for asphalting should be to the front where boats would be parked for showing. He stated that this is a reasonable expectation. Mr. Huff reiterated that he constructed the ditch because of the water leak from the LOS Church and the catch basin was constructed to catch the water from the drainage ditch. City Engineer Whisker stated that he feels the ditch is also in place for storm drainage as well, explaining that the land slopes toward the south to catch the water on site, adding that it serves as a 'detention area because of the development it is being used for that purpose. He continued saying that the water eventually flows onto the State highway right-of-way heading to a ditch on the north of this property. Mr. Huff agreed that the ditch is necessary; explaining that the auto sales business washes cars frequently bringing additional water to the ditch on his property. City Engineer Whisker noted that the area concrete plant is also running water frequently in that same direction. He reiterated that he would contact the Water Department regarding the situation with the water leak. Mr. Huff explained that the water leak is aggressive, adding that the location of the leak was pointed out by the Water Department. He stated that you can see where the water is coming out of the ground, adding that it was the Water Department who estimated that it was 2 gallons a minute. Chairman Young reiterated the need for a revised site plan that would show the extent of paving and landscaping before the Planning Commission can approve a site plan. Discussion ensued or offering Mr. meeting. as to tabling the item of business until next month Huff an opportunity to request a special called Mr. Huff stated that he was not aware the asphalt was a requirement or he would have been better prepared. He went on to say that his lease in Sherwood has expired and he needs to relocate his business. He asked what the minimal amount of paving would be that he would have to do. Chairman Young explained that it would have to meet code, adding that where there is going to be drives and vehicles parked it would have to meet the "dust free" requirement. He went on to say that it looks as though it would need to be on the north side of the building and it should connect to the proposed parking area on that side of the building. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. In response to a question from Commissioner Ott, Mr. Huff clarified that the south side of the building was never intended to be a parking area even though there are parking spaces shown on the site plan. He explained that even though it will be a 7,200 square foot building the traffic volume would not be very high. He continued saying that they are a specialty business, adding that the only reason the building is this large is to inventory boats. Commissioner Ott supported the request for a special called meeting, explaining to Mr. Huff that he would have time to figure costs and represent his plan. Chairman Young concurred noting that it would also provide time for the landscaping plan to be formulated. Commissioner Brannen moved, seconded by special meeting on September 26, 2011 @ amended site plan for Marine Subdivision, Chairman Young voting AYE. Commissioner Ott to set a 7: 00 p.m. to reconsider an Lot 1. MOTION CARRIED with GENERAL: Recommendations from City Engineer Whisker regarding sidewalk consideration from other cities City Engineer Whisker related that he had spoken with three larger cities in the area, explaining that there were various answers. He clarified that the discussion regarding sidewalk along streets that either exists or are being constructed that are steeper than what ADA allows for over a distance makes it impractical to build sidewalks. He stated that two of the cities stated that they would build the sidewalks anyway and one city said that they had already been through lawsuits and their lawsuit claimed that as long as they constructed handicap ramps according to their plan, they were okay. He stated that this larger city grants waivers and then builds the sidewalk somewhere else. He then offered that one of the cities had stated that ADA was more of a guideline, so they accepted sidewalks that were steeper than ADA compliance. He then related that one city had an ordinance that stated if the sidewalk were steeper than ADA then the developer would pay either $16.00 or $20.00 per running foot and the city would construct the sidewalk somewhere else according to ADA guidelines. City Attorney Bamburg reiterated to the Planning Commission that they can grant a sidewalk waiver but do have the authority to waive ADA conditions regarding the standard of construction. He cautioned the Planning Commission about the concept of charging the developer some amount and then building the sidewalk elsewhere, saying that this is not a logical solution. He then added that the other city who stated that ADA is a guideline is not quite on par. He stated that the Commission has its choice of either granting a sidewalk waiver or requiring the sidewalk construction to meet ADA requirements. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. Mr. Dave Stanley of Lemons Engineering stated that his client needs a decision, explaining that the developer cannot continue the funding stream u ntil he is aware of his obligations . Be statec). that if required to build the sidewalks they wou l d follow up with correspondence acknowledging that the sidewalks are being required by the City and in their opinion they do not meet ADA guidelines. He went on to say or they would request a letter from the City exempting them from that. City Attorney Bamburg reiterated that the Planning Commission will not grant an exemption from ADA requirements. He stated that specifically the Planning Commission can waive the sidewalk requirement or they can require that the developer meet all ADA requirements for sidewalk construction. Mr. Stanley stated that the only issue with meeting ADA compliance from their viewpoint is it would be both cost prohibitive and aesthetically unpleasing. He added that there is actually not enough room to construct the sidewalk, pointing out that a minimum of 15 ' of space on both sides, consuming huge amounts of concrete. He then related that he viewed the 2010 ADA regulations for the first time , which have become even vaguer than the 1994 regulations. Be noted that the 2010 regulations will go into effect in March, but it is harder to decipher if all sidewalks are considered a handicap accessible route. He stated that it is their opinion if sidewalks are constructed they need to be ADA compliant. He requested a decision so the developer could proceed. Commissioner Ott noted that the requirement for the sidewa lk is if the r:uldesac has more than 20 lots, proposing that the back side of the culdesac that backs up to the over wash from the dam and llldk.e that into a park and then come down to lot 20 would that be less costs prohibitive. Mr. Stanley stated that it would not because of the lost revenue from those lots being developed, saying that it would not offset the cost of development of that street . He noted that it could be as much as 80 or 90 thousand dollars toward offsetting the cost of construction. Chairman Young stated that he believes sidewalks are not just for people in wheelchairs but they are for jogger s , walkers, and family use. He stated that it is a communal type of space offering an alternative to just walking in the street as a safety issue. He stated that there are sidewalks that are not accessible for handicap and they are clearly identifiable with signage. Commissioner Moore stated that there are no ADA compliant sidewalks in Stonewall so there are residents in wheelchairs that have to use the street with cars speeding on those streets. He stated that it puts 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. these handicap people in jeopardy. He stated that he feels the City would put itself into a liability issue if they were to sign off with a sidewalk not complying with ADA requirements. Chairman Young noted that if the Planning Commission requires the developer to build sidewalks it would be a sidewalk that zigzags all the way up and down the street, which would look horrendous. He stated that the construction would take up a large amount of each residence's front yards. Commissioner Keaton offered that the sidewalk could be constructed up to the point where it becomes too steep. Mr. Stanley stated that they could do that . Commissioner Keaton continued saying that you could construct two curb cuts leaving approximately five lots that are too steep for sidewalk. Mr. Stanley explained that they could build sidewalks out to that point and put an ADA compliant handicap ramp back out to the street, however, it would be kind of a "go nowhere". Commission Keaton stated that he did not like the aesthetics of a zigzag sidewalk but also finds it difficult to grant any type of waiver on a sidewalk. He then acknowledged that it is a hardship case with a unique situation. City Engineer Whisker stated that while there is no easy decision, this is a culdesac with three extra lots in an extreme situation that will hopefully not happen very often. He stated that as regulations change it might become a situation where you can build sidewalks as long as the side slope matches the topography. He stated that he does not support having a sidewalk along Hwy. 107 that does not match ADA on State Highway. He noted that the developer has put the loop in and will have another sidewalk along the back side. He stated that in this particular instance he can see an exception. Mr. Stanley offered the option of constructing a sidewalk down the first three lots of the culdesac with a ramp and crosswalk to the other side and come back up those three lots, creating a loop with those first three lots on both sides of the street. He stated that the grade would be acceptable for handicap compliance, adding that the hard part might be using the street as an accessible route. City Engineer Whisker stated that it would be odd as a crossing. Chairman Young stated that he does not see any solution but to grant a waiver, saying that to enforce a sidewalk to compliance would be an atrocious design. He then noted that the problem with a sidewalk on the first three lots is the crossing of the street with a crosswalk. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2011 7:10 P.M. -7:47 P.M. Discussion ensued regarding problems with the grade in the first two lots. It was noted that the grade could support a sidewalk at the last four lots. Commissioner Keaton moved, seconded by Commissioner Moore to waive the requirement of sidewalks along Highway 107 from Aviator Drive to the northwest corner of Base Meadows and the culdesac Air Borne Cove as requested. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:47p.m. Respectfully submitted, ' ----~~~~=---~~u-=·~ 9 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA SEPTEMBER 26, 2011 7:00P.M. Regular Planning Commission Meeting of September 12, 2011 REVISED PRELIMINARY PLAT North First Street Townhouses Petitioner: Mr. Shawn O'Dell Representative: R & K Services REVISED SITE PLAN Marine Subdivision, Lot 1 Petitioner: Mr. Bake Huff Representative: Bond Engineering REVISED SITE PLAN North First Street Townhouses Petitioner: Mr. Shawn O'Dell Representative: R & K Services PAGE CITY OF JACKSONVILLE, ARKANSAS SPECIAL CALLED PLANNING COMMISSION MEETING SEPTEMBER 26, 2011 7:00 P.M. -7:36 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a special called session on September 26, 2011. Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Jim Moore, Twitty, Joe Ott, Eric McCleary, and Alderman Howard answered CALL. Chairman Young declared a quorum. PRESENT (8), ABSENT (1). Avis ROLL Others present for the meeting were Tommy Bond, Shawn O'Dell, Phillip Keaton, Duane Reel, Blake Huff, Jim Durham, Mayor ·Fletcher, Alderman Stroud, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: The minutes of the Regularly Scheduled Planning Commission meeting of September 12, 2011 were distributed at the meeting and proposed for action at the next Regularly Scheduled Planning Commission meeting along with the minutes of the September 26, 2011 Special Called meeting. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT (S) : REVISED PRELIMINARY North First Street Townhouses Chairman Young related that City Engineer Whisker is not present for the meeting, referencing notes made available from City Engineer Whisker regarding the business to ~e heard by the Commission. Chairman Young read from the notes: • Back of curb to back of curb along North First Street shall be 36 feet. • Approval shall be contingent upon approval of the Water and Sewer Departments. • Drainage plan shall consist of a detention pond on the SE corner to allow preconstruction flows in post construction. • Fire Marshal requires no openings in the structures where there is only 10 foot separation. • Sidewalk shall be built 5 foot wide, or if ordinances allow developer would like the option of posting a bond for the sidewalk to complete with more sidewalk on the other side of the street. • Landscape requirements shall be met including 8% interior parking landscaping and dumpster screening. Mr. Phillip Keaton of R & K Services concurred that all stipulations were agreeable with the developer. A new landscape plan was submitted to the Planning Commission for review. He then noted that the Water Commission had requested a 10' dedicated water easement to the front CITY OF JACKSONVILLE, ARKANSAS SPECIAL CALLED PLANNING COMMISSION MEETING SEPTEMBER 26, 2011 7:00 P.M. -7:36 P.M. of the property, which is included in the plan. He related that the Health Department has approved the water and sewer. He then explained that the plan was resubmitted to the Health Department today, explaining that after the initial approval, Mike Simpson of the Water Department requested that the waterline be relocated. He noted that the existing waterline is directly under where the curb is proposed, adding that the curb will now be relocated within the 10' dedicated right-of-way. He further related that it will be a joint venture between the developer and the Water Commission. Discussion ensued as to the site plan being submitted at the next regularly scheduled Planning Commission meeting. Mr. Keaton explained that the revised site plan was delivered to the Engineering Department. Mr. Jim Durham offered to retrieve the plans from the Engineering Department. Chairman Young proposed moving to continuing with consideration for First Street Townhouses. DEVIATION IN AGENDA: the next i tern of business before the revised site plan for North BUILDING PERMIT(S): REVISED SITE PLAN Marine Subdivision, Lot 1 Mr. Tommy Bond of Bond Engineering noted that the site plan was previously discussed, adding that he believes all recommended changes and corrections have been made. He stated that he has a copy of the recommendations from City Engineer Whisker, saying that the developer is willing to adhere to those recommendations. He then added the only outstanding issue is that the developer has to meet with the Water Department about extending a waterline and putting in a fire hydrant. Recommendations from City Engineer Whisker: • The parking has been expanded to include spaces on the south side for car and trailer parking. • Parking spaces 1-5 on other side of the fence are not required by City. • Landscape is shown on the site plan. • 4 foot landscaping needs to be between the building and parking spaces 6-10 and 11-18. • A 20 foot water easement is required along the west side of the property on Preliminary and Final Plat. • The Fire Marshal is requiring a fire hydrant at the driveway of the property. • Any approval needs to be contingent upon approval of Water and Sewer Departments. 2 CITY OF JACKSONVILLE, ARKANSAS SPECIAL CALLED PLANNING COMMISSION MEETING SEPTEMBER 26, 2011 7:00 P.M. -7:36 P.M. The list was reviewed and Mr. Bond reiterated that the developer is willing to adhere to those recommendations. He noted that all recommendations were incorporated into the revised plat and site plan. Commissioner Moore concurred with Mr. Bond that the drainage ditch is still part of the overall design. Mr. Bond explained that the ditch has to be where it is because of the way the terrain slopes from the car lot, aiding in bringing the water down to the ditch in front of the road. Discussion ensued as to previous considerations regarding a water leak from the adjoining property. Mr. Bond noted that the developer has put down 200 truckloads of shale to stabilize the water that comes onto the property. He agreed it is possible there is a water leak given the amount of water coming through the property. Commissioner Moore related that in talking with City Engineer Whisker he learned that there is a water leak, but it is not considered a major leak. He went on to say that the Water Department is having problems getting someone to agree to repair the leak. Mr. Bond then answered that he did not believe the water was coming from the concrete plant. He explained that there is a 6" to 8" waterline that runs down the road to the concrete plant that has had problems in the past. He stated that it is possible there is an additional water leak somewhere, noting that the property stays wet. Discussion ensued regarding consideration for area water leaks and efforts by the Water Department to have repairs made. Commissioner Keaton moved, seconded by Commissioner Brannen to approve the revised site plan of Marine Subdivision, Lot 1 as presented with adherence to the recommendation from City Engineer Whisker. MOTION CARRIED. RESUME AGENDA: North First Street Townhouses REVISED PRELIMINARY PLAT The revised site plan was distributed to the Planning Commission for review. Director of Administration Jim Durham related that Mr. Keaton and Mr. Reel had met with him today to review the revised plans, adding that recommendations from City Engineer Whisker were reviewed and the developer has complied with those recommendations. He added that the only i tern in question has to do with the sidewalk; everything else complied with recommendations from City Engineer Whisker. Chairman Young stated parking lot landscaping. submitted later. that he did not see the proposed interior He questioned if it is for revision or to be 3 CITY OF JACKSONVILLE, ARKANSAS SPECIAL CALLED PLANNING COMMISSION MEETING SEPTEMBER 26, 2011 7:00 P.M. -7:36 P.M. Mr. Durham read the recommendation "Landscape requirements shall be met including 8% interior parking landscaping and dumpster screening". Alderman Howard moved, seconded by Commissioner Ott to suspend the rules and place the site plan for the North First Street Townhouses on the agenda. MOTION CARRIED. It was noted that all i terns on the list from City Engineer Whisker have been met or agreed on excluding the interior parking lot landscaping. Commissioner Moore pointed out buildings, Mr. Keaton concurred landscaping requirement. a proposed that it is planter part of between two the overall Commissioner Moore noted the proposed tree planting, questioning if it is a requirement of the landscaping code, issuing concerns if there is a fire and the Fire Department had to get its equipment into that area. Chairman Young then noted that the landscaping ordinance allows for flexibility regarding plant locations within any plan. He suggested that the trees be moved to an island within the parking lot, acknowledging that it might affect the parking spaces count. Discussion ensued regarding the revision of guest parking and the relocation of trees to a parking lot island. Commissioner Moore noted that if the trees are not relocated, it might cause problems for the Fire Department as well as the speculation of building damage from tree roots. He then added that insurance companies do not like trees immediately next to buildings. Chairman Young offered that 8% of the current parking spaces would be 4 parking spaces. Mr. Keaton noted that there are two designated guess parking spaces toward the front that could be switched for island space. Consideration was offered for two islands to the front and two more to the rear of the development. Further discussion ensued regarding the proposed tree plantings located between buildings; City Attorney Bamburg offered that the landscaping plan could be adjusted by City Engineer Whisker. Several options were proposed and discussed. 4 CITY OF JACKSONVILLE, ARKANSAS SPECIAL CALLED PLANNING COMMISSION MEETING SEPTEMBER 26, 2011 7:00 P.M. -7:36 P.M. Commissioner Twitty moved, seconded by Alderman Howard to approve the site plan and preliminary plat for North First Street Townhouses contingent upon meeting recommendations from City Engineer Whisker including final approval of landscaping. MOTION CARRIED with Commissioner Keaton abstaining from the vote. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:36p.m. Respectfully submitted, 5 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA NOVEMBER 14, 2011 7:00 P.M. Regular Planning Commission Meeting of September 12, 2011 Special Called Planning Commission Meeting of September 26, 2011 FINAL PLAT: Jaxon Terrace PH 8 Petitioner: Dickie Jones Representative: Bond Engineering PAGE OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2011 7:00 P.M. -7:08 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on November 14, 2011. Chairman Young opened the meeting at app roximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Twitty, Joe Ott, Eric McCleary, and CALL. Chairman Young declared a quorum. Glen Keaton, Jim Moore, Alderman Howard answered PRESENT (8), ABSENT (1). Avis ROLL Others present for the meeting were City Engineer Whisker, Tommy Bond, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Howard moved, seconded by Commissioner McCleary to approve the regular meeting minutes of September 12, 2011 and the special called meeting minutes of September 26, 2011. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): FINAL PLAT Jaxon Terrace PH 8 and Bill of Assurance Mr. Tommy Bond of Bond Engineering related that the subdivision is completed except for asphalt, handicap ramps, and sidewalks. He requested that the developer be allowed to provide a letter of credit for those uncompleted i terns, saying that it would amount to approximately 25 to 30 thousand dollars. City Engineer Whisker acknowledged that the final plat could be approved slightly uncompleted, but added that the developer would have to provide a cash bond or provide a letter of credit for those improvements unfinished. He went on to say that the developer feels he can be done in two weeks, so he would request that stipulation until the improvements are completed. In response to a question from Chairman Young, City Engineer Whisker explained that he had received a letter of credit from the bank, but it was not specific to the unfinished improvements. The letter of credit only offered assurance that the developer had funds on deposit with that bank, adding that the letter did not make assurances that there would be funds available to the City in case the improvements were not completed. City Attorney Bambur g advis ed t he Commission that any approval would need to be contingent upon t he City rece iving a letter of credit, cash, or a bond. He added t hat the f inal p l at could not be approved until that is received by the City. Commissioner Keaton questioned if there is a time limit regarding the completion of those improvements. r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2011 7:00 P.M. -7:08 P.M. City Engineer Whisker answered that typically a bond will set that time frame, adding that a letter of credit or cash is held until it is determined that the amount may not be enough to cover the improvements and then the City will step in and have the improvements competed with those funds. He added that the developer is notified and given a time frame to complete those improvements before the City performs those improvements. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the Final Plat of Jaxon Terrace PH 8 stipulating that a letter of credit, bond, or cash for asphalt, sidewalks, and gutter be submitted to the City. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 7:08p.m. Respectfully submitted, 2 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE AGENDA DECEMBER 12, 2011 7:00 P.M. Nominations for 2012 Planning Commission Chairman and Vice Chairman Volunteers for 2012 Board of Adjustment Regular Planning Commission Meeting of November 14, 2011 PLAT(S): a. FINAL PLAT: Commercial business located at 7217 John Harden Drive Petitioner: Azin Naji b. FINAL PLAT: Courtyard Cottages Loop Road 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on December 12, 2011. Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Jim Moore, Susan Dollar, Avis Twitty, Joe Ott, and Alderman Howard answered ROLL .CALL. Chairman Young declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Whisker, Tommy Bond, interested citizens, petitioners, and press. Nomination of 2012 Officers: Alderman Howard moved, seconded by Commissioner Brannen to nominate Chad Young as 2012 Chairman of the Planning Commission and Glen Keaton to serve as Planning Commission Vice Chairman and Board of Adjustment Chairman. MOTION CARRIED. Commissioner Joe Ott and Alderman Howard volunteered to serve on the 2012 Board of Adjustment. Chairman Young noted that Commissioners Brannen and Dollar would be going off the Commission at the end of December. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Keaton moved, seconded by Commissioner Ott to approve the regular meeting minutes of November 14, 2011 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): FINAL PLAT Commercial business located at 7217 John Harden Drive (later named Naji Subdivision) City Engineer Whisker recalled that the i tern was before the Planning Commission in May 2011, requesting approval to facilitate opening a commercial business. He related that the main focus at that time was the State code requirement for a bathroom, explaining that Mr. Naj i did receive a waiver from the State to construct the bathroom. He then recalled there was an issue regarding the number of parking spots for a 2, 000 foot structure, which would require 10 parking spots. He also noted landscaping issues, the requirement to plat the property and the construction of a sidewalk. He went on to note that the property has water and is on a septic tank. He related that he was contacted by Mr. Naji two months ago and began working out the details. He explained that Mr. Naj i met with the Code Inspector and Fire Marshall regarding the finishing details of the building. He added that the building is completed and has passed inspections. He then explained Mr. Naj i desire to begin selling products from' his business tomorrow morning. He stated that it will be on an "on-call" basis because of Mr. Naji's health issues. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. He related t hat Mr . Naj i is requesting a wai v er f r om the requirement of 10 parking s pac e s a nd lands c aping requirements . He t hen related that Mr . Naji had wanted t o complete t he landscapi ng and paving before the meeting, but added that he had spe cifica lly e xplal.ned t o Mr. Naj i that completion of those items prior t o t he Planning Commi ssion granting any waivers could be counterproductive if the wa ivers for whatev er reasons were not granted. Mrs. Alison Naji concurred that tonight's goal is to g et approval so they can open t heir b usiness LUJno :o:ow morning. She explained thAt. they have passed a l l i n s p ections, a dding t hat t he only t h ing holding them back is app roval from the Planning Commission to ope n . She related that s he had met with Ci t y Engine er Whisker, explai ning t hat she agreed to construct the parking lot as drawn. She said that she would have it paved for seven or eight spaces with marked spaces for four of those spaces. She added t hat they are willing to do all the landscaping as drawn by City Engineer Whiske r and possibly more. She explained that she had talked to City Engineer Whisker about a 6' buffer in front of the building as well as around the tree in the front. Mr. Naji explained that because of his disability he would not be able to have the store open except by appointment only. He noted that this is on ly possible because his home is located next to the business. He spoke of the possibility of putting in an asphalt drive which could accommodate additional parking. Discussion ensued that the asphalt has not been constructed, as well as other i mproveme nts. City En g i neer Whisker explained that he had informed Mr . Naj i that until the improvements were completed, the Planning Commi ssion could not appr ove the final plat unless the improvements were bonded for. He related that in speaking with Mrs. Naji he l earned that they were not in favor of platting the property because of costs. Mrs. Naj i stated that they did a final plat when they purchased the property, explaining t hat t hey were told at the time that the property was zoned C-3 f o r commercia l and they were grandfathered in to have a house because tbe house was already there. She stated they would not have purchased the property if they were not allowed to have the house and a b u siness on the property. She stated that was the way the property was sold to them. In response to a question from Chairman Young, City Engineer Whisker explained that platting of the property is typically done when large tracts of land are separated into smaller t racts . He stated that in this particu l ar case, if the property where pla t ted as a whole then they would have to construct sidewalk for the entire property being platted, which is approximately 7 acres with 1,000 feet of frontage. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. Mrs. Naji stated that the property consists of 12 acres but does not have that much frontage. She then pointed out that there are no sidewalks on their side of the road within 3 or 4 miles. She added that she had spoken with an engineer who had advised her to ask the Commission to defer building the sidewalk until such time as there are other sidewalks in the area. She stated that there are other businesses that have come in after them and they do not have sidewalks. City Engineer Whisker noted that another reason for platting the property would be to have easements established that the City would need such as a utility easement along the front of the property. He noted that he had drawn in a 25' utility and sidewalk easement along the front. He went on to say that currently there is an existing waterline easement for a 16" waterline, noting that there is also a 12" waterline in the area. He then explained that if any sanitary sewer were run the City would want the easements in place. He stated that it is typical when property is developed for the City to prescribe the easements that would be necessary for future use. Mrs. Naji stated that they already have an existing right-of-way, adding that she had contacted each utility regarding future easement needs. She continued saying that she feels a 25' easement is excessive since there is already a right-of-way. She stated that all the utilities were already in place when they purchased the property. She related that she had spoken with a CenturyTel engineer and that she has a letter stating that the right-of-way is sufficient. She added that the utility is already in place and they told her that they did not have any future plans for that property. She then added that she had spoken with the AT&T engineer who said the same thing. She stated that Entergy told her that they have an easement in the back of the property and have no plans for an additional easement. She stated that she had letters to that affect from all of those utilities. She then continued saying that she also has a letter from the Jacksonville Wastewater Utility stating that they are not sure of the route that they would take regarding the area. She related that she had told the Wastewater Utility that she is ready to grant an easement but 25' sounds like a lot. She continued explaining that she assured them that she is willing to work with them to grant an easement. She stated that the Wastewater Utility told her that they were not sure yet where they would go, saying they had stated they might run sewer from behind the property or even across the street. She related that she was told the Wastewater Utility would contact her closer to the time when they would be more aware of their needs. She stated that the only utility that would not give her a letter was the Jacksonville Water utility, pointing out that they are already in the area. She related that the man she spoke with at the Water Company told her that they may never go into the area again, but stated that he could not 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. g ive her a l etter b ecause the City Engineer is asking for the e a seme n t . She r e iterat e d that 25' is excessive, adding that she does not like the way i t i s worded because it is t oo general a nd vague. She quote d t he termi nol o gy "general improvements", a s ki ng what that exactly mean s . She stat ed that she cannot g rant acces s and t hen later someone p r e sent h er wi t h a b i ll for i mp r o v e me n t s. She stated that s omeone nee ds to exp lai n what the e asement is for, what it will be used for , and when it wi l l be needed. Sh e stated that she is willing to work with a nyone r e garding specific needs but she does not want to grant a "bl anket yeneral 25' easem8nt," She stated that she is willing to work with t he City r egarding the parking and landscapin(j but d i f fers with the City regardi n g the 25' easement. She continued saying that s h e feels t he 25' easement is excessive and not needed. She then added that she would be wi lling to construct the sidewalk when everyone else const.ructs a side wa lk so t hat it will make sense and connect to something. In response to a questi on from Commi s s ione r Mo ore, City Engineer Whisker stated that the Na j i p r op e r ty was n o t de veloped in t he typical manner; usually easemen1:s and building p l a cement are app roved prior to construction. He stated t hat regarding this i nstance the Highway is planned for widening from Re dmond Road through to north of Cabot. He related that the Highway Dep artme nt has prelimi nary .dr awings and will begin h avi n g public meet:Lngs i n J anua r y . He co nti nued s ayi ng that as far as mov ing utilities , t hat wi l l p robabl y happ en bec ause they do not a llow publ ic ut i li ties un derne ath their roadwa ys . He stated t hat while he under stands that the utilities have conveye d t hat t h ey have no plans to move ; once the new Highway plan i s f ixe d, t he ut ilities may have to move. Chairman Young questioned if all of John Harden has 25' easements. City En gineer Wh isker replied that it depends on the area, explaining t hat the 16" waterline has to have its own easement. He stated that it i s an easement by prescription, which means it has been there for so l ong that we have one for it. He stated that other than that he is unaware of an y easeme nts across the propert y. He s t ated t h at t he reason for p l atting the property is to ma ke s ure the Ci t y h a s a ny necessary e asements for f utur e plans. He s tat ed t hat Mr. & Mrs . Na ji have stated that the y would agree to the neces sary s tipulatio ns in order to be able to open the i r business for the Christmas shop ping season. He stated t hat if approved as a final plat, they would have to bond for the necessary improvements. In response to a que s tion from Chairman Young, Mrs. Naji stated that they are willing to cons t ruct the parking lot, but would like to defer construction of the sidewalk until other sidewalks are established in the area. She stated that they would bond for the parking lot with cash until the construction is completed. 4 I j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. Discussion ensued as to the plat being considered a site plan rather than a final plat and the extent of approval for improvement bonding. Mr. Naji pointed out that there are no sidewalks from the law office on John Harden down to Hwy. 5. Chairman Young explained that in order for the Planning Commission to be able to approve the final plat any improvements that would be constructed at a later date would have to be bonded for. Mr. Naji stated that he had spoken with his mortgage company and they had told him that he could not separate (subdivide) part of the property because they have a lien on the entire tract as a whole. He offered that basically his business is a home based business, which is only open by appointment only. He pointed out that when booking appointments, he would not book more than one customer at a time. City Attorney Bamburg clarified that while the Commission has several issues to address; the petitioners are seeking a certificate of occupancy, which City Engineer Whisker cannot issue without final plat approval and the conditions of the final plat being satisfied. He continued saying that as discussed; the petitioners would have to post for the parking lot, landscaping, and sidewalk (if it is to be constructed at a later time). He added that without the improvements being constructed the building is not in a position to have a certificate of occupancy because of access and other issues. He informed the Planning Commission that it is their responsibility to ensure that the publi~ has proper access to the building as a retail business. He stated that while this may be an appointment only business, it is still a retail business and as such it has to satisfy those code provisions. He related that to his knowledge no final plat approval has been granted in the past without easements and 2 5' is what is being requested. He stated that this involves an area of the City that is destined to be changed in a short time. He urged the Planning Commission not to approve the final plat without the appropriate easement to protect the City utilities. Chairman Young questioned if the bond would have to be in place prior to the approval of the final plat. City Attorney Bamburg stated that the final plat could be approved contingent upon the posting of a bond. Mrs. Naji stated that when she met with City Engineer Whisker on their property, she had related to him that their plan was to be open on Tuesday. She reiterated that they have passed all inspections and she had planned to have the parking lot and landscaping completed but City Engineer Whisker had warned that the plan needed to be approved prior to construction. She stated that City Engineer Whisker had told her that if the Planning Commission approved the plan then they could 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. open. She noted that if the Planning Commission were to approve their plan for parking and landscaping then the i terns left would be the sidewalk and easement. She stated that there are no other sidewalks in the area within 3 or 4 miles and she has letters from the utilities stating they do not need the easement. She continued saying that she feels they should be allowed to open and do business before Christmas, adding that they need to generate some revenue. City Engineer Whisker stated that the other option would be to have the final plat drawn by an engineer of their choice since they want something different from what is being presented. He noted that he has never in his tenure had to draw a final plat for a petitioner. Mrs. Naji noted that neither the County nor the City of Cabot required the improvements that are being requested by Jacksonville. She further noted that she has a Cabot address and the property was located in the County. She stated that they had plans for the business when they purchased the property in 2005. She related that they are trying to work with the City, but this is not expected. She continued saying that there is no reason to keep the business closed and preventing them from earning money because of a sidewalk and easement. She stated that they have the cash to do the immediate improvements. She then noted that if she has to expand the parking space then it would have to go into the requested easement area. Commissioner Dollar confirmed that they intend to asphalt for seven or eight parking spaces with lines drawn for four spaces. She then stated that she did not feel the Planning Commission could be flexible regarding the easement request. Alderman Howard stated that he could support a waiver for the sidewalk. Commissioner Keaton questioned if the property could be mixed use and the easement be addressed on a metes description. zoned for a and bounds City Engineer Whisker noted that the annexed area was all brought in as C-3 unless a property owner requested a different zoning. Commissioner Keaton reiterated his suggestion that it could be worked through a 25' metes and bounds description for an easement and right- of-way. City that done Engineer Whisker there are several when the property concurred that it is possible; acknowledging ways to address an easement but typically it is is platted. City Attorney Bamburg clarified that a metes and bounds easement would require subdividing without a plat, which is prescribed by Code. 6 L,.. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. City Engineer Whisker noted that currently the property has two primary structures on one tract of land. Commissioner Dollar inquired as to the required length of sidewalk. City Engineer Whisker stated that since a structure was built on the property without subdividing, the sidewalk would be the length of the property unless otherwise directed by the Planning Commission. In response to a question from Chairman Young, City Engineer Whisker replied that there are no other sidewalks located on the John Harden side of the Freeway. He then noted that the T.P. White side of the Freeway has started to develop sidewalks with Hog Wild and the boat dealership. He then explained that another property owner, starting a business in the area, will be coming before the Planning Commission soon requesting the same type conditions for his business on the Freeway. Mrs. Naji countered that she feels that is a separate issue from their request since they purchased their property in 2005. She went on to say that they did not obtain a waiver for the bathroom but explained there are two State ordinances that provide for why they are not required to construct a bathroom. She stated that if they had constructed a bathroom, they would have spent approximately $10,000 they would not have had to spend. She stated that her husband needs to open his business and generate some money while these other issues are being considered. Chairman Young offered that the restroom issue was a State code and the Planning Commission did not have the authority to waive any such requirement. Mrs. Naji stated that the landscaping and asphalt could be done quickly, noting that the sidewalk shouldn't be a reason to keep the business closed. She went on to say that she feels the easement is excessive, adding that she has letters from all the utilities stating they do not need that easement right now. She stated that she is willing to work with anyone in the future who might need that easement. She stated that she would like to be involved in what goes into the easement and would be willing to work with any utility requesting an easement, adding that if she signs away her rights she would not be able to be involved. City Attorney Bamburg advised the Commission that a final plat would need to include any easements requested by the City, adding that to his knowledge there has never been an occasion when an easement was waived from being on the final plat. He cautioned that this would set a negative precedent for the remaining development on Hwy. 67/167. Mrs. Naj i stated that if Jacksonville needs the easement, she would want to know what plans the City has regarding use of the easement. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. City Attorney Bamburg stated that information but until the final plat not be able to open. the City would provide that is approved the business would Mrs. Naji stated that she does not understand why the business cannot open while these issues are being resolved. City Attorney Bamburg stated that she was aware of the issues in May when the item came before the Commission previously, and is now requesting to be able to open tom<.HLOW regarding circumotu.nces that the Planning Commission cannot satisfy. He stated that he would not recommend the Planning Commission putting itself in a position of waiving the requirements that are being asked to be waived in order to obtain a C. 0. to open tomorrow. He reiterated that it would set a negative precedent for the future. Mrs. Naj i stated that the i tern of contention is the 25' easement because she is not sure how the City intends to use it. City Engineer Whisker and City Attorney Bamburg related that the easement would be used for the sidewalk, parking, and landscaping. Mrs. Naji then stated that she has agreed to the full landscaping and more parking than what was drawn by City Engineer Whisker. She added that she is aware of many businesses that are just now being asked if they have a permit to do business, but do not have permits because they were not aware they needed one. She stated that the City is not even allowing them to open; adding that it is not fair regarding their loss of income. She related that she is still checking with the County, because when they purchased the property they were told one thing and now they are being told something else. City Engineer Whisker stated that Mr. Naji is describing existing businesses that were already in operation when the City annexed the property in July. He added that currently the City is trying to bring everyone into compliance regarding their business licenses. He stated that some of the businesses had special circumstances and have been allowed to stay open while correcting issues of compliance. Mrs. Naji interposed that they would like to open their business while working with the City regarding issues of compliance. Mr. Naji stated that because of issues regarding his health he was not able to remain in his previous business but purchased the property so he could have a business close to his home. He stated that they took out a second mortgage on the house in order to be able to open this business but ran out of money in 2005 before finishing the project. He added that in 2010 they borrowed money against his wife's retirement plan in order to finish the construction. He stated that 8 r • CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. during this time they were not a part of Jacksonville, they contacted the City of Cabot who told them that they did not need a business license. He continued saying that they also asked the County, adding that they have been through all these things and now everything is ready and they are not allowed to open the business. Chairman Young stated ~hat the Planning Commission is very supportive of businesses; however there are certain procedures that the Planning Commission have to go by in order to approve their opening. Mrs. Naj i stated that she was told by City Engineer Whisker that as long as patrons had a paved surface to walk on, they did not have to construct a sidewalk in front of the business. She stated that it seems unfair to be the only business within three or four miles that would have to construct a sidewalk or be allowed to open until constructing a sidewalk. She went on to say that as far as the easements, they do not want to stop progress and will probably give whatever is needed but she would like to be advised as to what the easement is for. She added that if she grants a blanket easement then she has waived her rights. Commissioner Ott clarified to his understanding that before the Planning Commission can approve a final plat there has to be bonding in place for the necessary improvements and presentation of the final plat. He then questioned if the Certificate of Occupancy could be granted with the stipulation that the final plat be forthcoming in a specified time frame. City Attorney Bamburg stated that he would not recommend that avenue, pointing out that once a C.O. is issued, even conditionally; it creates a scenario that could become more troublesome. He stated that he does not feel that it would be a scenario with any positive probability. Alderman Howard stated that he would like to see the Planning Commission be able to help Mr. & Mrs. Naji but at the same time have the Planning Commission be able to meet their basic requirements. He went on to say that the easement needs to be enforced as directed by City Attorney Bamburg. He stated that he does not believe it would hurt to grant a waiver regarding the sidewalk and less parking. Commissioner Dollar stated that her concern would be that this is not going to be the only instance that the Planning Commission will have to deal with this issue. She stated that for her the landscaping is not an issue and she interprets that the Planning Commission is flexible regarding the parking, but does not feel the sidewalk should be permanently waived. She added that she could see deferring the construction until a later time when it would be more utilized. She stated that she would not feel comfortable waiving the easement at all. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. Commissioner Twitty stated that she also would be in favor of trying to help the Naj is' have their business opened, noting that this has been a long-standing situation. She continued saying that if they do not comply, the business could be asked to close until they do come into compliance. Mr. Naji reiterated the need to be shopping. He reminded the Commission able to open for Christmas that he would be open by appointment only. Chairman Young stated that he is sure the entire Commission wants to help but they have to operate within the guidelines of what they are authorized to do. Commissioner Moore suggested that the issue of the easement be handled on a separate motion. City Engineer Whisker clarified his understanding that the Planning Commission is willing to grant waivers regarding the sidewalk and parking. Mr. & Mrs. Na j i have stated that they are having problems platting the property because their mortgage company will not let them divide the property. He stated one solution could be to plat the whole piece of property with a 25' easement along the entire length of the property. He noted that any further division of the property would have to come back before the Planning Commission and the easement would already be established. He then added that they would have to bond for the asphalt and landscaping if the sidewalk is waived. Commissioner Dollar stated that she would not be in favor of waiving the sidewalk permanently. Mr. Tommy Bond offered that if an easement deed is acceptable then the property would not have to be platted. City Attorney Bamburg stated that it would not accomplish getting Mr. & Mrs. Naji a Certificate of Occupancy because the easement alone does not solve all the issues. Mrs. Naji stated that after hearing Mr. Bond's suggestion, in order to get the business open she feels she may have to acquiesce to the 25' easement. She then related that she is willing to post cash for the improvements. Mr. Naji reiterated that he would have a problem with the mortgage company if he tries to divide the property. Commissioner Keaton supported not requiring platted but establishing a 25' easement along them to bond for the improvements as well as a sidewalk issue. 10 the whole property be the front but allowing temporary waiver on the -- CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. City J:\ttorney Bamburg stated that the Planning Commission has that authority but is waiving the requirement of presenting a final plat. He then related that the Planning Commission could authorize City Engineer Whisker to review the final plat and rnake a determination regarding direction of the Planning Commission so Mr . Naji could open sooner rather than returning for the next regularly scheduled Planning Commission meeting. Chairman Young reminded the Commission that sidewalks are typically not waived unless there is an ADA issue. He reminded the Commission that other businesses would also be developing in the area who would request the same consideration. Discussion ensued regarding not having to construct the sidewalk immediately but having to bond for it as a future improvement. Chairman Young clarified for Mr. & Mrs. Naji that the Planning Commission seems to be willing to grant a wa iver on the parking and allow for the sidewalk, parking, and landscaping to be bonded pending completion. He stated that the issue of a final plat could be approved contingent on the bonds being in place and the dedication of a 25' utility easement deed for the entire length of the property. Commissioner Ott offered that the final plat could be contingent meeting these requirements in lieu of a special meeting and Engineer Whisker could make sure of compliance. He stated otherwise the Planning Commission could host a special meeting. upon City that Discussion ensued regarding offered that a final plat Planning Commission could situation. the presentation of a final plat; Mr. Bond could be completed fairly quickly so the host a special meeting to expedite the Commissioner Moore offered that the Planning Thursday night before the City Council meets plat with the easement. Commission could meet to consider the final It was the consensus of the Planning Commission to table the item of business and host a special meeting Thursday, December 15, 2011 to consider the submittal of a final plat including an easement and bonding for the improvements of parking lot, landscaping , and sidewalk. City Engineer Whisker clarified for his understanding that the Planning Commission will allow for the parking lot with eight spaces and stripping for four of the spaces, landscaping will be a six foot buffer around the building and in the front including the tree, sidewalk not for the entire 12 acres featuring 7 00' across but only for the length of 100' from the asphalt drive to the corner of the building to the north. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. Discussion ensued regarding the requirement of a bond for a sidewalk regarding the entire width of the property and Mr. Bond calculated that the bond would have to be for approximately $10,000.00. Mr. Bond offered that if the sidewalk requirement is for just the commercial section of the property, the odds are that as the property develops the sidewalk could be stipulated with that development. He then noted that if the requirement for sidewalk is just for the area adjacent to the commercial property, the bond would still have to be approximately $2,000.00 to cover the construction of a sidewalk. It was the consensus of the Planning Commission to only require sidewalk for approximately 100' to 120' regarding the commercial business, which would require a bond of approximately $2, 400.00. It was clarified that as the property is subdivided the requirement for sidewalk would come into play amounting to a postponement of the sidewalk requirement pending future development. It was reiterated that the consensus of the Planning Commission is to host a special meeting December 15, 2011 to review the final plat and other requirements as outlined in discussion. REQUEST TO ADD ITEM TO THE AGENDA: FINAL PLAT COURTYARD COTTAGES Commissioner Moore moved, seconded by Alderman Howard to suspend the rules and place the final plat of Courtyard Cottages on the agenda. MOTION CARRIED. Mr. Bond stated that the request comes as a result of the mortgage having to be closed prior to the first of the year. He stated that the Water & Sewer has been accepted. He went on to say that it is his understanding that 43 residents are already living in the development. He pointed out that a check has been provided to the City in the amount of $7,760.00 to bond for an uncompleted sidewalk. City Engineer Whisker explained that the sidewalk along Military Road was not constructed, adding that when the developer realized the sidewalk had not been constructed they ran into the issue that there was not enough space to fit the sidewalk on the property, adding that the fencing and grading had already been completed. He explained issued regarding the road right-of-way in that area, adding that it would make it difficult to place a sidewalk. He related that the developer is offering the City the amount that it would cost to construct the sidewalk for a different area where it would be more useful. He related that it would not be the best ideal safety situation to have school children walking on that side of the development to get to the elementary school, which is why there is a sidewalk on the north end of the development leading to the school. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2011 7:00 P.M. -8:22 P.M. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the final plat for Courtyard Cottages. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: Chairman Young noted that the City Council will be addressing the topic of a moratorium on billboards at their next meeting. Alderman Howard stated that there is a possibility of widening the Highway between Jacksonville and Cabot so the moratorium will assist the Highway Department regarding rights-of-way. City Engineer Whisker stated that it is prudent to make sure that if the Highway is widened that the Arkansas Highway Department doesn't have to pay for additional signs and loss of rental income regarding those billboards in the rights-of-way. City Attorney Bamburg stated that until the Arkansas Highway Department ruling is released to indicate their plans, the City Council is going to institute a moratorium on billboards. He added that later the need for modifications to the ordinances will be addressed. He explained that currently the Board of Adjustment reviews those request to erect a billboard in the City of Jacksonville. He stated that this is not a permanent issue but dependent on the issuance of the Arkansas Highway Department plans for the expansion of Hwy. 67/167. It was the consensus of the Planning Commission to support a temporary moratorium on billboard in the City of Jacksonville. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 8:22 p.m. Respectfully submitted, 13 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA DECEMBER 15, 2011 7:00P.M. FINAL PLAT: Commercial business located at 7217 John Harden Drive Petitioner: Azin Naji OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING DECEMBER 15, 2011 6:00 P.M. -6:23 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in special session on December 15, 2011. Vice Chairman Keaton opened the meeting at approximately 6:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Jim Howard answered ROLL CALL. PRESENT (5), ABSENT (4). Moore, Avis Twitty, Joe Ott, and Alderman Vice Chairman Keaton declared a quorum. REQUEST TO APPROVE PLAT(S): FINAL PLAT Commercial business located at 7217 John Harden Drive Lot 1, Naji Subdivision Vice Chairman Keaton noted that Bond Engineering provided the plat and the final calculations for a cash bond. City Engineer Whisker noted a change on the plat, saying that instead of the word "underground utili ties" it needs to state just utility easement. He stated that originally there was discussion of having it be a 25' sidewalk and utility easement to accommodate a 5' sidewalk that could be connected later to the north and south. He stated that the proposed amount of the bond is not a problem, adding that in speaking with Mr. and Mrs. Naj i earlier he learned that they are having problems coming up with the bond. Mr. Naj i explained their difficulty with being able to borrow the money from the bank because of earlier loans against his wife's retirement fund. He stated that the bank turned the loan down because of the amount of money they currently owe. He went on to say that if he were allowed to operate his business he would be able to provide the proposed $6,000.00 bond money from the sale of even one of his large bronze statues. City Attorney Bamburg advised that the bond should be in place prior to any approval from the Planning Commission. Discussion ensued regarding the ramifications for a letter of credit from the bank. City Engineer Whisker noted that the monies are set aside from the person's account and the bank charges 1% to 3% for writing the letter, which in this case would be approximately $600.00 to $1,800.00. Commissioner Ott moved, seconded by Alderman Howard to approve the final plat contingent upon the suggested wording changes as proposed by City Engineer Whisker and being able to provide a bond, letter of credit, or cash. MOTION CARRIED. Mr. Naji stated that he is unable to borrow more money at this time to put into this business without the business making any money. He stated that he does not know how he can provide the $6,000.00 if his business stays closed. He continued saying that he has had to borrow CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING DECEMBER 15, 2011 6:00 P.M. -6:23 P.M. too much money. He added that they owe too much money on the mortgage to be able to borrow any more money . He stated that the improvements wi l l take time , but if he is allowed to ope.n he can make hi s own money and will not nave to beg the bank for money . He related that many of his l arge statues wi ll sell for 6 and 7 thousand do l l ars to just one customer . He stated that he needs maybe three or f our months t i me and then he could come back to the Planning Commission. Commissioner Ott clarified that Mr. Naji only has to give the City a bond and he would not have to come back before the Commission. Mr. Naji continued his case of not being able to borrow any more money and not being able to come up with the money without being able to open his business. He stated that all his money is tied up in the business. He stated that he does not understand the City keeping his business shut. Vice Chairman Keaton noted that the City did reduce the number of required parking spaces, the amount of landscaping, and the amount of sidewalk construction. He related that the City has compromised in order to h e lp Mr. Naji get his business opened. Mr. Naji reiterated his need to open the business before being able to provide the money for a bond . City Attorney Bambu~g clarified that t he Planning Commission does not have the authority ·to waive t he bond . He stated that t he Pl an ning Commission has approved the fina l plat but i t is contingen t upon t he posting of a bond, a l etter of credit , or cas h being provided. He stated that t h e Pl ann ing Commi ssion cann ot act i n a ny .o.ther f ashion and do so legally. Commissioner Moore moved to adjourn at approximately 6:15 p.m. Mrs. Naji asked if she could have a question answered. Commissioner Ott seconded the motion. She t hen related that she had as ked Cit y Engineer Wh isker if the word "underground" i s taken off the plat, will t here be anything p l aced above ground that would block their business. She added that Ci ty Engineer Whisker assur ed her that it would not . She stated that t he plat say their property is a subdivision and t h e y are not a subdivision, adding that it also say s that they are hel d by subdivision r ules and :t;'egulations including any f u t u re ordi nances or regulations . She quest i oned if sewe r i s established in the area are they responsible for payi ng for the main line. She stated that she has been told that they would n ot be , but she would l ike to have it i n writing . She stated t hat she is b eing asked to sign s omething saying that s h e is agreeing to the future r ules and she does not know what those future rules are. 2 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING DECEMBER 15, 2011 6:00 P.M. -6:23 P.M. Chairman Keaton related that she would need to contact that utility in order to obtain a written agreement. He then explained that the easement is an agreement to allow the utility to place the line in that easement. He explained that the utility will take care of the excavation, material, and the build back. He then stated that if they were to need a service line they would have to pay for that. Mrs. Naji stated that she would not mind paying for a service line but not the main line. She stated that the way the plat is worded she has to abide by all the rules of a subdivision including future rules that have not been decided yet. She continued saying that she wants some protection from being treated as if she is a subdivision developer who would be required to pay tor infrastructure. She stated that while she is being told verbally that she is not responsible she would like to have it in writing for her peace of mind. City Engineer Whisker stated that such a commitment would have to come from the Wastewater Utility. He then added that the sewer commission can put in a line and then charge each member tying onto for the entire sewer line but that is not the way it normally works. Mrs. Naj i stated that with 12 acres that is why she is hesitant to sign-off until she can get further information. She reiterated her fears of being held responsible for the cost of a main sewer line. She stated that if she does not know what the future rules are, how can she agree to that. Vice Chairman Keaton reiterated that any such fears should be addressed through the Water and Sewer Commissions. She stated that her second concern had to do with them being considered as grandfathered in, she related that City Engineer Whisker had told her that any money would be returned but if she signs a plat it would be hard to take that back or have it undone. She added that she would like to make this a separate issue. City Engineer Whisker clarified that the question was if they decided not to do the improvements but had already given the City money how would they get their money back, if they decided to not open the business. He related that he had told Mrs. Naj i that the City would simple return the funds. Mrs. Naji stated that they do not have a problem with the agreed upon improvements; but City Engineer Whisker is aware they are checking to see if they are grandfathered in since the business was completed prior to the annexation. City Attorney Bamburg clarified that if they choose to abandon the project, then the funds can be reimbursed but also the plat would be revoked and anything done on the property would have to satisfy City 3 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING DECEMBER 15, 2011 6:00 P.M. -6:23 P.M. code. He stated t hat the Planning Commission has done all it can and now any f u rther development of the propert y is up to the Na j is. He told Mrs. Naji that it is t heir choice to post the money or sign off on t he fina l plat. He stated that under the rules and regulat ions that, not only the City operates through its ordinances, but also through State law, they are asking the City to give you assurances that they cannot do. Mr. Naj i stated the City tried to get them to install two restrooms but they found out from the State Health Department that they did not have to do that. City Attorney Bamburg clarified that it is the State's option to grant a waiver in that regard. Mr. Naji continued saying do business and he is particularly and the City. that the City is making it hard for him to going to sue the City Attorney Bamburg At this time, the meeting was adjourned with Mr. Naj i threatening to sue the City. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 6:23 p.m. Respectfully submitted, 4