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17 JAN 09 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2017 7:00 P.M. – 7:38 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on January 9, 2017. Chairman Moore opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Patrick Thomas, Jim Peacock, Jr., Scott Scholl, Barbara Mashburn, Joe Cummings, Jr., Rick White, Robert Price, and Virgil Healey, answered ROLL CALL. Chairman Jim Moore also answered roll call and declared a quorum. PRESENT (9), ABSENT (0). Others present for the meeting were City Engineer Jay Whisker, Tommy Bond, Geneva Healey, Mike Dietz, Jamie Cobb, interested citizens, petitioners, and press. Nomination for 2017 Planning Commission Chairman, Vice Chairman, and volunteers for 2017 Board of Adjustment. Commissioner Price moved, seconded by Alderman Mashburn to nominate Jim Moore as Planning Commission Chairman for 2017 and Rick White for Vice Chairman of the Planning Commission and Chairman to the Board of Adjustment. MOTION CARRIED. Commissioners Healey and Scholl volunteered to serve on the 2017 Board of Adjustment. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner White moved, seconded by Alderman Mashburn to approve the minutes of the December 12, 2016 regularly scheduled meeting as presented. MOTION CARRIED. PUBLIC HEARING(S): CONDITIONAL USE 1304 North First Street C-3 in a C-4 zoning Chairman Moore opened the public hearing at approximately 7:04 p.m. Mr. Mike Dietz of Wilkerson Realty stated that they have the property sold at 1304 North First Street for the owners Harold Gwatney Chevrolet, who is requested a conditional use as a “state of the art” veterinary clinic. He stated that the couple resides in Austin, Texas currently and are proposing to open the clinic. He related that the building is vacant and it will provide an opportunity to have a new business relocated to Jacksonville. Chairman Moore confirmed with Mr. Dietz that the operation would not have any outside runs. City Engineer Whisker concurred with Mr. Dietz description of the request, adding that because of the noise factor the zoning is a C-4. He pointed out that they are requesting the correct conditional use for this type of operation. He noted that another veterinary clinic is not far from this location. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2017 7:00 P.M. – 7:38 P.M. Mr. Dietz answered Commissioner Price that the property is approximately .77 of an acre and there are around 40 parking spaces, they are on City sewer. He added that there would be extensive remodeling to the inside of the building, noting that the building has two bathrooms and 3 units for heat and air. He explained that the wife is the veterinarian and the husband will assist. Chairman Moore closed the public hearing at approximately 7:09 p.m. Commissioner White moved, seconded by Commissioner Price to approve the conditional use at 1304 North First Street regarding a C-4 use as a veterinary clinic in a C-3 zoning as requested. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): FINAL PLAT Graham Woods Subdivision PH II Mr. Tommy Bond related that the first phase of the Subdivision is completely built-out, adding that the street and utility improvements have been completed. He stated that he believes the only issue for discussion is the “F” lots. He noted that the City has an ordinance that requires that any subdivision lot in the flood plain has to be designated with an “F”. He explained that the lots would be filled, and then noted that before FEMA will remove the lots from the flood plain they have to be on a recorded plat. He stated that to submit the plat as a replat after the lots are removed from the flood plain will cost the developer an additional $500.00 to $800.00. City Engineer Whisker concurred, saying that the problem is that the City ordinance requires that any lot in the flood plain be termed an “F” lot. He stated that if the lots are not recorded with the “Fire” designation then the City has no recourse to bring the lots back to the Planning Commission. He stated that this has been discussed with Bond Engineering to try to find a solution that would be helpful. He stated that there is not a good answer, saying they would have to plat and then replat or wait to fill the lots before they final plat. Mr. Bond offered that if it had not been for the weather the lots would have already been filled. He then stated that the streets and utilities are in and there has been a bond posted for the sidewalks. City Engineer Whisker noted that the only other thing he is aware of is a punch list and some closing documents that the Water Department needs, which is minor. He stated that the “F” lots are lots 41 through 44. City Attorney Bamburg clarified that the lots must be designated or filled regarding final plat approval. Mr. Bond answered Commissioner Price that the only part of the Subdivision that is currently in the flood plain is lots 41 through 44. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2017 7:00 P.M. – 7:38 P.M. City Engineer Whisker offered that the flooding occurs from the creek that is on the backside of these lots. Mr. Bond noted that the new flood plain was raised approximately 2 or 3 tenths of a foot in this area. He related that phase I had 5 or 6 lots located in the same area that were taken out of the flood plain. Discussion ensued regarding issues with the construction of Graham Road and the progress of phase I. At Commissioner White’s request, City Attorney Bamburg clarified that the Planning Commission has the authority to approve the final plat contingent upon receiving all approvals from the Water Department and the paperwork being modified to show the “F” lot designation on lots 41 through 44. Commissioner Cummings moved, seconded by Commission White to approve the Graham Woods Subdivision PH II final plat contingent on the Water Department’s paperwork being completed and the lots being “F” designated. MOTION CARRIED. BUILDING PERMIT(S): Site Plan at 5501 John Harden Drive for Dash Boat/RV Storage Mr. Aaron Scott an architect with Chrome Architects and Engineers from Little Rock stated that he is representing Dash Boat/RV Storage LLC. He explained that the plan was originally submitted in the fall and the intent was to construct several covered storage buildings, adding that a majority of the lot is going to be gravel, and the drives to the covered storage buildings will be paved. He then noted that there would also be an access drive, saying that they have talked with the Arkansas Highway Department, filed the appropriate paperwork, and gotten approval. He stated what has changed since the Planning Commission reviewed the plans last fall is that they now have a much more detailed survey of the property. He explained that the new survey indicated that the grade was changing drastically enough that it would make sense financially to take the covered parking and reorient it to the east and west as opposed to the north and south, which is what he stated they originally had. He stated that in also knowing that this is the preliminary plat, they are aware the plans will have to be finished in that direction. He added that they are updating the preliminary plat and submitting it for approval before moving to the final plat. Chairman Moore corrected what is before the Planning Commission is a site plan not a preliminary plat. City Engineer Whisker concurred, saying that it is a site plan, which will allow them to continue the project building. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2017 7:00 P.M. – 7:38 P.M. City Engineer Whisker compared the present submittal to the previous site plan, saying that he supposes that the contours of the land has caused the developer to change the orientation of the buildings. He then added that he has spoken several times with the owner and he is now proposing to make changes to what was originally approved by the Planning Commission in October. He explained that he advised the owner that if any changes were to be made he would have to go back to the Planning Commission for an approval of the new plans. He then noted that the developer has agreed to the sidewalk and the landscaping to the front of the property. He added that he has spoken to the Fire Marshal and there is a requirement for a fire hydrant every 500 feet, which has not yet been discussed. Mr. Sam Allison noted that it was briefly discussed in October and they are aware they will have to have a fire hydrant. City Engineer Whisker noted that they are now proposing not to have an office either on site or in Jacksonville but would like to operate everything electronically. Chairman Moore reminded Mr. Scott that there is a requirement to have an office either on site or in Jacksonville and that it was stipulated as part of the approval granted in October. He stated that as far as he is concerned that requirement would not change. He then answered Mr. Scott that it is not open for negotiation or discussion, reiterating that there has to be an office on site or in Jacksonville. Mr. Allison questioned if every business inside the Jacksonville city limits has an office in Jacksonville. Chairman Moore stated that every business does in some form or fashion have an office. Mr. Scott stated that they were trying to understand where in the ordinance this was required either for a business license or under the Planning Commission’s purvey. He went on to say that this is the difficult part for them, adding that part of the reason for resubmitting the site plan was to open the issue for discussion. Chairman Moore stated that when the Planning Commission approves a site plan, it has to be stipulated in the approval of what the Planning Commission requires before the final plat is brought before the Commission. He then offered that other questions for consideration are that on the updated site plan there is a 15’ manual sliding gate at the rear of the property that was not on the other site plan, questioning the purpose of the gate. Mr. Scott stated that it was actually on the previous submittal, explaining that it just provides further access to the back of the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2017 7:00 P.M. – 7:38 P.M. property. He added that Dash Storage is leasing a total of 5.3 acres, noting that this project does not use the entire property that is being leased. He stated that the intent would be to have that if there is ever any need to get back there, adding that it would not be used for storage. He then stated that if this venture goes well then they would consider expanding further. Chairman Moore introduced a prior question from Commissioner Price regarding parking for 40’ RV’s and Campers. He questioned how that would be handled. Commissioner Price noted that he has visited hundreds of RV parks around the Country in the last 20 years, noting that this site plan seems to be designated mostly toward trailers and small fifth wheels. Mr. Scott concurred, saying that the 20’ spaces are not divided so they could accommodate one 40’ trailer, truck, or van or two smaller vehicles. He stated that the intent would be to maximize that, adding that there are a lot of smaller boat and trailer owners in this area based on the research. He stated that this would provide the best of both worlds, saying that it allows them to have a total of 10 forty foot spaces and 20 twenty foot spaces and then the remaining spaces would all be thirty foot spaces. Commissioner Price stated that it does not seem that a 6’ fence would be high enough. He then added that he does not have a sense of what would provide secure lighting, which would be an important factor. Mr. Scott stated that currently as far as security purposes regarding the ordinances for the City of Jacksonville, a 6’ fence should be enough. City Engineer Whisker concurred that a 6’ fence is the City’s requirement with barbed wire on top. Mr. Allison assured City Engineer Whisker that there would be barbed wire on top. Mr. Scott then replied that they have been in contact with Entergy on John Harden and the owners have discussed with them what would be the best way to make sure there is adequate lighting for security. He stated that he believes it is the owner’s intent to purchase those lights and Entergy is going to supply the electrical transformer. He then concurred with Commissioner Price that Entergy would make recommendations for placement, adding that the final plat would have that information on it. Chairman Moore noted that the barbed wire would have to be approved by the Board of Adjustment. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2017 7:00 P.M. – 7:38 P.M. Mr. Scott stated that it is not currently on the site plan, adding that they want to streamline the process and not incite further review, saying that they are trying to get the project off the ground and rolling. He then responded to Chairman Moore that if the Commission would prefer they not use barbed wire then they would not. City Attorney Bamburg clarified that the request for barbed wire would have to be made to the Board of Adjustment and it could be done in the time frame of when they proceed with the construction. It was clarified that they could wait to make the request for barbed wire and appear before the Board of Adjustment. Commissioner Thomas questioned the requirements for the office regarding space, saying that it would be just for the purpose of having an address and having a place that would not necessarily be manned or staffed. Mr. Scott concurred, saying that the intent would be to continue to do most of the business on line and have a P.O. Box where checks are mailed. He explained that if someone were to call and want to see the facility, then someone would meet them to gain access to the property. He added that all the information regarding the lease agreements would be online. He stated that if an office space is required it would probably be leased space in the City of Jacksonville at another location. He stated that the need to have someone on site all the time does not seem to be productive to this type of business when there is such a low profit margin. City Attorney Bamburg stated that requiring an office in a facility, does not necessarily mandate an 8:00 to 5:00 type manning of that facility. He added that it does require an office; it requires a location in Jacksonville in some form or fashion. He stated that the number of hours and the manner in which it is manned, is the choice of the business owner or operator. Mr. Scott stated that he feel the intent at this time would be to lease a space in town because the overall cost of doing that for even two or three years is less than building an office with plumbing and electrical. He went on to say that he has had discussion with City Engineer Whisker regarding that once the office is constructed they would have to provide landscaping and parking so it goes from being a 5 to 7 or 8 thousand dollar building to a 25 or 50 thousand consideration very quickly. Commissioner Peacock stated that he believes there are a lot of local businesses that would probably “co-chair” an office space for a fee. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2017 7:00 P.M. – 7:38 P.M. Commissioner White questioned if there are any other requirements that would be important to the Fire Department, mentioning egress. City Engineer Whisker stated that the Fire Department would need to be able to have a code to gain access to the property. Mr. Scott addressed the issue of egress, saying that the driveway has a 25’ radius, which should accommodate a 50’ truck, adding that it is also 15’ more radius than what the Highway Department is requiring which is only a 10’ radius. He stated that from the International Building Code this could be classified as a utility occupancy because there is no one on the property, there is no requirement to sprinkle, and because they are not enclosing a large amount of big trucks, this does not have any metal on all four sides, it is only a covering. He stated that this would bring about a different type of S or H hazardous occupancy. He stated that as long as you only provide a covering to keep the rain off, there are no issues whether it is a diesel truck or a trailer. Chairman Moore reminded Mr. Allison that in the October meeting he offered to provide a copy of the lease for the records. Mr. Allison concurred, saying that through title searches it was discovered that there are actually three different parties on the deed so an addendum had to be executed to the lease agreement, which just happened last week. He assured Chairman Moore that he would provide a copy of the lease for the record. Commissioner Thomas moved, seconded by Alderman Mashburn to approve the site plan contingent on the proper placement of a fire hydrant as per the Fire Marshal, Fire Department gate access in case of fire, and to have an adequate/legal office space. MOTION CARRIED. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Moore without objection, adjourned the meeting at approximately 7:38 p.m. Respectfully submitted, _________________________ Susan L. Davitt