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09 DEC 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on December 14, 2009. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray, Jr., Chad Young, Susan Dollar, John Herbold, Joe Ott, and Alderman Howard answered ROLL CALL. Chairman Traylor also answered roll call and declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Jay Whisker, Tommy Bond, Aaron Robinson, Mayor Fletcher, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 9 November 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 216 North James Street from C-2 to R-0 Chairman Traylor opened the public hearing at approximately 7:02 p.m. Property owner Donald Throckmorton explained that he would like to rezone his home back to residential from commercial in order to obtain a mortgage on the property. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:04 p.m. City Engineer Jay Whisker stated that the property is in a mixed-use area, pointing out that the use could be commercial or residential. He then answered that the property is adjacent on both sides to residential property. Commissioner Howard moved, seconded by Commissioner Herbold to recommend the rezoning of 216 North James Street. MOTION CARRIED. b. REZONING 905 South Oak Street from R-2 & C-4 to C-2 Chairman Traylor opened the public hearing at approximately 7:06 p.m. Pastor Larry Gregory stated that they are requesting the rezoning on behalf of the House of Refuge Ministries. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. Mr. Michael Clayton of Clayton Engineering explained that the property was rezoned to present zoning approximately one year ago, noting that there were no issues or adverse public comments. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:09 p.m. City Engineer Whisker recalled that last month the property was presented to the Planning Commission on a metes and bounds rezoning leaving the remainder of the property unplatted. He noted that the next item of business is a preliminary and final plat that will address the northern portion of the property. He added that the current zoning will remain with R-2 to the back and C-4 on the front. He noted that the remainder of property on a metes and bounds will be C-2 for the Church. He clarified that the southern 11.5 acres was sold to the Church, who is now requesting a rezoning of that property. He added that he had asked the property owner to plat the northern portion of the property since it is less than five acres. He stated that the 11.5 acres fronts Oak Street and South Hwy. 161. Chairman Traylor clarified that the item was tabled last month pending that the property be platted. City Engineer Whisker concurred that the next item on the agenda addresses the northern platting of the property consisting of less than five acres. Commissioner Gray pointed out that the property is vacant. Commissioner Young moved, seconded by Commissioner Brannen to recommend approval of the rezoning of 905 South Oak Street from R-2 & C-4 to C-2 contingent upon approval of the preliminary and final plat regarding the remainder of the property. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. PRELIMINARY & FINAL PLAT Lot 1, Brewer Commercial Park (changed to Tract A, Brewer Commercial Park) Michael Clayton of Clayton Engineering stated that he is representing Byron McKimmey and the group that owns the entire parcel, explaining that there is a contract to sell the 12.16 acres on the southern portion of the property for Church use. He stated that the remaining portion of the property consist of approximately 2.4 acres, which is subject to the rules and regulations of subdividing property. He related that the property fronts Oak, Gum, and Rainey Place Streets. He explained that the property currently has a home that is being used as an insurance or real estate office. He explained that the owner is complying with the subdividing regulations in order to move forward with the contract sale of the southern acreage to the Church. City Engineer Whisker noted that there is no curb, gutter, or sidewalk, adding that usually the City would require a right-of-way along the back of the line; but the City is holding any improvement request pending the redevelopment of the property. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. City Engineer Whisker clarified with Commissioner Gray that the zoning of this property would remain C-4 to the front and R-2 for the back 150 feet parallel to the eastern edge of the property. A correction of C-4 instead of C-3 as shown on the plat submittal was requested. It was then clarified by City Engineer Whisker that the property would be one lot with two separate zonings, further explaining that the property was rezoned for commercial use with a 150’ buffer of R-2 for duplexes, adjacent to the single family subdivision on Rainey Place and Gum Street. City Engineer Whisker answered that the bill of assurance states that the construction will conform to the building codes adopted by the City of Jacksonville, adding that there are no easements and the property would have a dedicated street. City Engineer Whisker concurred with Commissioner Gray that it is anticipated that this property will be further requested to be subdivided or at the least rezoned unless there would be some other access to the R-2 property. He then noted that if that were the case then the property would require another lot split. Commissioner Gray offered that the proper name should be Tract A instead of Lot 1, which would denote that the property has been final platted. Mr. Clayton agreed to change the name from Lot 1 to Tract A regarding future intentions for the property. Commissioner Gray moved, seconded by Commissioner Dollar to approve the Preliminary Plat of Tract A, Brewer Commercial Park. MOTION CARRIED. Commissioner Gray recapped the requested changes regarding the final plat. City Engineer Whisker answered Commissioner Young that Tract A had some sewer issues that have now been worked out, adding that both water and sewer are available throughout the Tract even with the zoning split. He stated that the zoning split does not affect the metal building that is partly located on both zones. Commissioner Young moved, seconded by Commissioner Brannen to approve the Final Plat of Tract A, Brewer Commercial Park. MOTION CARRIED. b. PRELIMINARY PLAT Base Meadows PH 3 Mr. Greg Heslep stated that he is not aware of any concerns from the City, but added that he would like to request a waiver of sidewalks along Hwy. 107. He related that the existing sidewalk along Hwy. 107 seem useless, saying that the City is not maintaining the sidewalk. He stated that he has had complaints from the residents that are 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. adjacent. He then pointed out that the construction of sidewalks is a large expense and he does not see their usefulness, adding that City Engineer Whisker had conveyed to him that there is a long-term plan for sidewalks. He then added that he has not heard or seen a sidewalk plan so he would like to request a sidewalk waiver. City Engineer Whisker noted that the Subdivision has 35’ setbacks and Mr. Heslep is proposing 25’ setbacks for this phase. Mr. Heslep offered that there would be a transition from the 35’ to 25’ setback. He explained that one of the main complaints from Base Meadow’s residents is that the front yards are larger than the back yards. He then clarified that his request for a sidewalk waiver would be for the sidewalk outside the Subdivision along Hwy. 107. He stated that if and when Hwy. 107 is widened by the Highway Department they would establish sidewalks. He continued saying that sidewalks are a large expense and this sidewalk would not go anywhere, adding that currently the City is not maintaining the existing sidewalk and it is not being utilized. He then noted that there are no sidewalks on General Samuels, adding that if the sidewalk goes out to the Air Base it would go to a large ditch without the sidewalk being able to be continued between the Hwy and the Base fence. City Engineer Whisker stated that he believes that eventually the sidewalk will go from one entrance to the next entrance off Hwy. 107. He explained that eventually the sidewalk will turn and head east on General Samuels. Commissioner Dollar concurred, noting that even if the sidewalk does not connect presently it will eventually. She related that while the maintenance is disturbing, it is a separate issue. Commissioner Gray questioned, assuming that the Subdivision will continue with the next phase, would it be feasible to have the sidewalk constructed during the next phase in order to connect the entrances on Hwy. 107. City Engineer Whisker stated that this phase would extend the sidewalk another 600’ along the Hwy. City Attorney Bamburg clarified that later sidewalk construction could be stipulated as part of the plat approval. Commissioner Gray noted that it would be a circumstance of “now or later”; adding that later would actually be when the sidewalk would connect between two places. He stated that now it would only be a sidewalk that does not connect to anything with no one to use it. Mr. Heslep asked if a stipulation could be added that the City would maintain the sidewalk in some orderly fashion. He stated that without maintenance the sidewalk looks terrible. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. Chairman Traylor reminded Mr. Heslep that any consideration for maintenance is outside the purview of the Planning Commission. He then issued concerns for setting precedence in allowing Mr. Heslep to delay construction of the sidewalk. Commissioner Gray noted that the stipulation would be a matter of record in the minutes. He stated that once a new phase is developed, there would be more reasons to have a connecting sidewalk. Mr. Heslep questioned once the sidewalk ends at his property, who would be responsible for continuing the sidewalk to the back gate of the Air Base. Chairman Traylor questioned how the widening of Hwy. 107 would affect the existing sidewalks. City Engineer Whisker related that is the reason that the City has requested an additional 25’ of right-of-way, explaining that the sidewalks have been constructed on the backside of the right-of-way to allow for the widening of Hwy. 107. Mr. Heslep concurred that the sidewalks are approximately 6’ from the rear privacy fences. Commissioner Young questioned if there is a provision or future master plan to connect the sidewalk to the back gate of the Air Base. City Engineer Whisker related that this project is being voted on by the Highway Department to have it placed on the TIP through Metroplan; to four-lane Hwy. 107 from General Samuels to Arnold Drive. He noted a study regarding Arnold Drive for signalization, adding that it would be his assumption that those improvements would include a sidewalk along with other improvements. He stated that the natural progression would be to construct the sidewalk from Arnold Drive to the closest sidewalk. Mr. Heslep questioned if there was a plan in place now. City Engineer Whisker stated that the City does have an overall sidewalk plan, adding that he is not sure if this sidewalk is on that plan; but as development occurs it is typical of the City to request sidewalks along major roadways. He noted that there is sidewalk along General Samuels in the vicinity of Crooked Creek, Forest Oaks Subdivision, and Harris Road. He stated that it is not an uncommon situation for the City to request sidewalks. Commissioner Ott stated that he can understand both points of view, adding that he feels that if we delay construction until the next phase it is a “win-win”, noting that the City would not have to pay to maintain a sidewalk that is not being utilized. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. In response to a question from Mr. Heslep, City Engineer Whisker related that there is a Master Sidewalk Plan adopted by the City of Jacksonville. He stated that the Plan shows the existing sidewalk and how that will be connected in various phases. He stated that when the Plan was developed in early 2000, west Jacksonville was not as developed as it is currently. He stated that the intent is to have the sidewalk developed as subdivisions are developed and the City would fill in gaps. He noted other subdivisions in the west area of Jacksonville that have constructed sidewalks along major thoroughfares. He related that the City just received a grant to construct sidewalks up Harris Road from General Samuels to the existing sidewalk at North Pulaski. Discussion ensued as to constructing the sidewalk to Lot 228 where the next access would be constructed. Mr. Heslep stated that he would agree to take the sidewalk that far, but would like some assurance from the administration regarding maintenance of the sidewalk. City Attorney Bamburg reiterated that maintenance of sidewalks is not the purview of the Planning Commission, adding that it would need to be addressed through the administration. Mr. Heslep then answered that this section of sidewalk would cost approximately $9,000.00. Chairman Traylor pointed out that if sidewalk construction is delayed, then that would add $9,000.00 more in costs to develop the next phase. Discussion reiterated considerations for saving the expense and inconvenience of constructing a sidewalk that does not connect, and will not be utilized until it does connect. Commissioner Dollar noted that given the steady rise of construction costs, it would cost more to construct later rather than sooner. Mr. Heslep stated that given the current economy, savings have to be considered or it is not conducive to construct or expand. He added that $9,000.00 is a big expense. He stated that it would be an easier expense later than sooner. Commissioner Gray moved, seconded by Commissioner Brannen to approve the Preliminary Plat of Base Meadows Subdivision PH 3, stipulating a forbearance of the sidewalk along Hwy. 107 until the next phase to the north is developed. Commissioner Young stated his opinion that the sidewalk should be constructed now to equal other subdivisions that are requested to construct sidewalks. He clarified that we should continue in precedence. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. Chairman Traylor stated that both sides are understandable, noting the possibility of constructing a sidewalk that will not connect for several years, but yet it seems that with other expansions the sidewalks are constructed at the same time on the highways. He stated that the question is which will come first. He added that it would seem that this sidewalk will not have any useful purpose until it connects to the new entrance of the next phase. ROLL CALL: Commissioners Brannen, Gray, and Ott voted AYE. Commissioners Young, Dollar, Herbold, and Alderman Howard voted NAY. MOTION FAILED. Commissioner Young moved, seconded by Commissioner Dollar to approve the Preliminary Plat with sidewalk construction along Hwy. 107. MOTION CARRIED unanimously. c. SKETCH PLAT Penn Property, Lemac Drive Mr. Tommy Bond of Bond Engineering stated that the development would consist of 18 lots ending with a culdesac and 2 lots facing Lemac Drive. He stated that the property consist of 3.35 acres. City Engineer Whisker noted that the property is adjacent to Growing Pines Subdivision PH I, noting that Penn Cove in PH I could be developed through to Lemac Drive. He stated that in speaking with some of the residents, he believes it would be preferable that the development be developed internal to the Subdivision. Commissioner Gray answered that the bill of assurance for Growing Pines PH I is a minimum of 1100 square foot homes with a minimum 400 square foot two-car garage and minimum of two baths. City Engineer Whisker stated that he feels that all lots, excluding lots 10 & 11 of the proposed development, should match the bill of assurance of Growing Pines PH I to include underground utilities. Discussion ensued and it was reiterated that the bill of assurance have continuity with the Growing Pines Subdivision. City Engineer Whisker stated that if the developer chooses not to mirror the Growing Pines bill of assurance, then he should bring the Subdivision through to Lemac, presenting a completely different set of circumstances. He stated that he believes the residents of Growing Pines would prefer to have the culdesac. In response to a question from Commissioner Ott, City Engineer Whisker noted that with the two existing entrances it would satisfy the Fire Marshal regarding the 60 or 70 lots in Growing Pines. He stated that the Fire Marshal had reviewed the plans without comment. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. Commissioner Gray pointed out that the Sketch Plat creates some land that would be landlocked, adding that he is aware of ongoing discussions between owners regarding a solution to that situation by creating a more useable purpose of the property. He noted the possibility of additional lots, adding that he is not aware of any agreement regarding that property. Mr. Bond stated that all the developed property around this piece of property was developed by the Grays, adding that they landlocked their own land. He stated that he and his client do not foresee any positive aspect for this development to have that small strip of land. He then answered that the piece is located to the west of this development adjacent to the gas right-of-way. He added that Daniel Gray developed the land to the west and left this piece landlocked. Commissioner Gray pointed out that there is the eastern half of the gas line easement plus a slight more, adding that he is not sure how much is there. Mr. Bond concurred, saying that the property is approximately 50 to 60 feet wide; pointing out that it is not big enough to make a lot. It was then noted that building on the gas line is prohibited. Mr. Bond described the property as being narrow on one end and gradually wider on the other end. He stated that the only foreseeable solution would be to make the lots deeper with larger back yards. City Engineer Whisker noted that the property attaches to another piece of property at the south end. He noted that the other piece of property runs the length of Lemac Drive up to Stanphill Road and is zoned for a manufactured housing subdivision. Mr. Bond noted that all the property on the south side of Lemac has mobile homes in various conditions of deterioration. He stated that the property is not actually landlocked because there is another parcel to the south that would have to be developed that could provide access to this property. Commissioner Gray stated that his concerns would be as a Planning Commissioner regarding access for maintenance. Mr. Bond then answered that the adjacent property would start in the vicinity of Lot 8 to the rear of this development. City Engineer Whisker noted that the piece of property along Lemac Drive is approximately 150’ deep. It was noted that twice annually the gas company provides some maintenance of those areas. It was also noted that Mr. Crook was the last owner of the southern property along Lemac Drive. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. Further discussion ensued as to the narrow strip of property being landlocked and the responsibility of the Planning Commission to address those circumstances. Commissioner Herbold questioned if it would be possible to establish an access easement from the area west of the gas easement. Mr. Bond responded that it would not be possible because of the existing homes and fences at the end of Stevenson Cove. Commissioner Gray reiterated access concerns regarding the care of the property, which might end up being under the charge of the City. City Engineer Whisker stated that he feels the easiest access would be through the gas line easement, noting that it is 150’ wide. He added that it would save this tract to have access from the south side off Lemac Drive. He then answered that he feels the gas company would allow access for maintenance. He explained that regulations regarding a gas easement prohibit building or putting something into the ground, otherwise access would be allowable. Commissioner Young moved, seconded by Commissioner Brannen to approve the Sketch Plat of Penn Property, Lemac Drive stipulating underground utilities and that the bill of assurance match that of Growing Pines PH I. MOTION CARRIED. d. PRELIMINARY PLAT Graham Woods Subdivision Mr. Aaron Robinson of Bond Engineering noted that this plat was approved previously in September 2007 as the Delaney Property and then Westwood Subdivision. He stated that the water and sewer have been worked out, adding that to his knowledge there are no outstanding issues. He did note that it would have to be resubmitted to the Health Department for their approval. City Engineer Whisker stated that the bill of assurance would mirror that of Graham Settlement. He noted that the developer is proposing to develop the eastern phase, west of the pipeline. He stated that he would like to request a 20’ easement in the rear to allow the City to properly maintain the ditch, particularly because of the amount of water that flows into the ditch. He then answered that the existing house would not remain. Mr. Robinson concurred that Graham Woods is to be the final name chosen for the subdivision. Commissioner Young questioned issues regarding drainage, City Engineer Whisker related that the proposed area is on a hill and drains in both directions. He noted that the property drains across until it reaches the concrete block ditch that is exactly in the center of the entire Plat. He stated that the drainage difficulty will come in the next 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. - 8:20 P.M. phase of development; getting the property to drain across the street into the ditch with the crowned road. He pointed out that the rear of the Subdivision is being dedicated to the City as floodway. City Engineer Whisker stated that his thought would be to end up with an asphalt trail along the south side, starting at Laurel and then along the creek until you get to Skiver’s Subdivision on BelAir. He noted that this will not only provide a walking trail but it will provide the City better access for equipment. Commissioner Young moved, seconded by Commissioner Herbold to approve the Preliminary Plat of Graham Woods Subdivision including an easement on the north side for ditch maintenance. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:20 p.m. Respectfully submitted, _________________________ Susan L. Davitt 10