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09 JAN 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on January 12, 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., Susan Dollar, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (7); ABSENT (1); OPEN SEAT (1). Others present for the meeting were City Planner Chip McCulley, Mr. Tommy Bond, interested citizens, petitioners, and press. Nomination of 2009 Planning Commission and Board of Adjustment Officers: Commissioner Brannen moved, seconded by Commissioner Gray to nominate Mike Traylor as Planning Commission Chairman for 2009. MOTION CARRIED. Commissioner Gray moved, seconded by Alderman Howard to nominate Chad Young as Vice Planning Commission Chair and Board of Adjustment Chairman for 2009. MOTION CARRIED. Commissioners Brannen and Gray volunteered to serve on as members serving from the Planning Commission on the Board of Adjustment. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning th Commission meeting of 8 December 2008. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Lots in Brown Addition from R-0 to R-3 Chairman Traylor opened the public hearing at approximately 7:05 p.m. Mr. Tommy Bond of Bond Engineering related that the proposal is to construct 21 rental units with a clubhouse. Mr. Penn, owner and developer, offered that he proposed to maintain the existing Gwatney house to be used for management purposes. He stated that the development would be senior housing for 55 years and older. He then answered that he is not proposing to gate the property unless the need arises. He then related 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. that each unit would be individual, 6’ apart. He explained that the square footage is projected to be approximately 850, two bedroom – one bath houses. Mr. Bill Engle related that he lives directly behind the Gwatney house, saying building these houses in a regular residential area would bring down the property values. He stated that he is against the proposal because of property values, adding that he would not like to have that type of housing in his area. Ms. LeAnn Elliott noted that she and her husband live on Jeff Davis to the left of the Gwatney house. She questioned if the property would be Government subsidized. Mr. Dickie Penn answered that the development would not be Government subsidized or income qualified, adding that it would be fair market. He then agreed that each unit would have space available for two cars each. Ms. Elliott remarked that there would be as many as 48 cars. Mr. Penn assured Ms. Elliott that the property would be completely fenced with a 6’ fence. Ms. Elliott then questioned the plans regarding the drainage ditch and utility lines. Mr. Penn related that the utilities for the development would be underground, adding that the existing line would be moved. He answered that he would not be clear-cutting the entire property and that the fence would be a wood privacy fence. Discussion ensued regarding any anticipated decrease in property values, Ms. Elliott pointed out that property values dropped when the development down the street was constructed. Mr. Penn then answered that all access to the property would be strictly from James Street. Ms. Elliott stated that it would be good if they could see a design for the development. Mr. Penn demonstrated for Ms. Elliott the layout and the proposed access. Mr. Penn then answered that he is not planning to develop Bertha Street to the east of the property. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. Ms. Elliott issued concerns for the drainage and Mr. Bond noted that plans for improving the drainage would be addressed when they return with a preliminary plat. He then assured her that the drainage issues would be addressed. City Planner Chip McCulley explained that the development process begins with the rezoning, followed by the property being platted. He noted that there is a preliminary and then a final plat, followed by a site plan. He noted that all four steps have to be submitted to the Planning Commission for review. He stated that following discussion of the rezoning, the Planning Commission would consider submittal of the Preliminary Plat, which is the property boundary. He stated that following the preliminary plat; in subsequent months, the developer would submit the final plat, which shows placement of utilities and any easements. He then noted that the site plan would show the actual building footprint, driveways, road rights-of-way, and any infrastructure improvements such as drainage. He reiterated that tonight the question before the Planning Commission is the zoning; the use of multi-family for multiple units on one piece of property for seniors 55 and above. Mr. Bob Stroud stated that Jacksonville needs this type of housing, saying that in his church four elderly ladies moved from the Jacksonville area because of a lack of satisfactory housing for elderly. He noted that there are other elderly citizens that have already expressed interest in this development. He stated that while he is against rental, he feels this development is more like condominiums. He stated that he supports the development. In response to a question posed by Commissioner Evans, Mr. Penn related that currently the property is owned by Second Baptist Church. He concurred that he is negotiating the purchase contingent on the property being rezoned. Commissioner Gray stated that following a rezoning of the property, he would be concerned if a different development plan were to come forth from what had already been presented. He stated that he would be in favor of rezoning to R-3, but felt that if developed any access would need to be off James Street and not Jeff Davis. He stated that he would not vote favorably on future votes if the access were not restricted to James Street. Chairman Traylor agreed with Commissioner Gray. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. Commissioner Herbold noted that he has made statements recently regarding the higher percentage of rental property in Jacksonville. He stated that the national average regarding housing units that are renter occupied is 30.8%. He related that Arkansas’ average for rental property is 27.2%; and Jacksonville’s percentage of housing units that are renter occupied, according to a 2000 census, was 52.7%. He added that the 2006 Jacksonville City Demographics Report has the percentage at 52%. He stated that not counting the LRAFB, the percentage drops to 50.4%. He then related that if you do not count the people stationed at the Base and renting in Jacksonville, the percentage drops to 45.46%. He related that he feels the pertinent question is what would each of these proposals do for the City of Jacksonville? He related that if it cannot be said that it is providing something that Jacksonville needs, then he will consider denying proposals that turn R-0 or R-1 into rental property. He stated that he feels he has an obligation to prevent the percentage of rental from increasing. He noted that regarding the proposal, he feels this offers elderly residents an opportunity to rent an individual housing unit. He stated that he feels this fits the criteria of presenting a development to the City that the City does not have. He explained the sources for his stats. Commissioner Dollar noted that once zoned to R-3 the property becomes open to all permitted uses of an R-3 zoning. She added that she supports the project as presented thus far. It was clarified that a stipulation of development could not be attached to a rezoning approval. Alderman Howard stated that he would like to see a development time limit placed on approved rezonings, such as two years. He related that other communities have adopted similar regulations. He noted the possibility of other developments occurring differently from the intention of when the property was originally rezoned. City Attorney Bamburg clarified that some courts have recognized such a regulation as a legitimate stipulation, questioning if the time factor is a concern. Alderman Howard cited the rezoning on James Street and Gregory Street where the property was rezoned but no development took place. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. Chairman Traylor agreed that if the developer had a set time for development, it would lead to greater accountability. He noted that at this time the Planning Commission’s only option is to use future votes regarding property development. City Planner McCulley clarified that a brief discussion in last month’s minutes regarding a request for R-4 has now been changed to R-3. Commissioner Gray related that he approves of the development concept and has faith in the developer, but if in two months the concept changes he would be inclined to change his opinion. Chairman Traylor closed the public hearing at approximately 7:29 p.m. Commissioner Gray moved, seconded by Commissioner Brannen to approve the rezoning of Lots 1-6 & 48-53, Block 2, Brown Addition from R-0 to R-3 as requested. MOTION CARRIED. b. REZONING Lots in the Meadows Subdivision from R-1 to R-2 Chairman Traylor opened the public hearing at approximately 7:29 p.m. Mr. Aaron Robinson of Bond Engineering related that the Subdivision was final platted last year, explaining that the petitioner is requesting to rezone for duplexes. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:31 p.m. Alderman Howard questioned the infrastructure of the utilities. City Planner McCulley explained that the request is to rezone approximately 30 lots from R-0 to R-2 for duplexes. He stated that the property was zoned, platted, and constructed for single- family homes. He stated that because of that all utilities are in the ground for single-family homes. He explained that the water is located on the south side of the street, adding that to allow for duplexes, revised water and sewer plans would have to be approved by the Water and Sewer Commissions with improved installations. He then noted that the Subdivision is part of an improvement district; therefore, the amended improvement district language would have to be accepted and approved. He then noted that the bill of assurance would also require amendment. He 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. stated that the major component is the utilities, more importantly the water, noting that approximately 15 to 30 bores would have to be made under the street and taps set to allow for water service for each additional unit. He recognized Mr. Mike Simpson from the Water Department for further questioning. He related that Mr. Simpson had conveyed that there would have to be accepted water plans and utilities in place before he would recommend approval. Commissioner Brannen questioned the status of sewer lines. City Planner McCulley answered that the sewer lines are in place, saying that as part of an improvement district each site has a grinder pump, so the sewer lines with grinder pumps are privately owned. He continued saying that the improvement district takes care of operation and maintenance of the sewer lines and grinder pumps. He then noted that in talking with Bob Johnson of the Wastewater Department, it was his understanding that the grinder pumps could handle the additional units. He added that it would be a question regarding the improvement district, as to who would be responsible for the single grinder pump for two units. He stated that issue would have to be addressed in the language of the improvement district documents. Discussion ensued as to whether an additional sewer line would be needed at each duplex. Mr. B.J. Borroughs offered that the improvement district would be responsible for all sewer lines and grinder pumps up to the manhole on Cloverdale Road. Commissioner Herbold noted existing and recently approved duplexes in the area, saying that he does not see what this development offers Jacksonville in the area that is not already there. Developer B.J. Borroughs stated that the main reason for the rezoning request is because the railroad tracks are directly behind these lots, adding that they have had interest from other builders to purchase duplex lots. He stated that there are 111 lots in the Subdivision and they are trying to sell lots and build duplexes. He then noted that it would offer a buffer zone between single-family houses and the railroad tracks. He stated that he is not aware of any other duplexes in the area. Discussion ensued regarding the duplex complex in the vicinity that was built in the 80’s. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. In response to a question posed by Alderman Howard, Mr. Borroughs stated that there was not enough room in the rear yard to construct a berm along the railroad tracks. Mr. Borroughs pointed out that there is a drainage retention area situated in the middle of the lots that back up to the railroad tracks. Alderman Howard related that he was considering the noise factor when he thought of the berm. Mr. Borroughs stated that it was never considered at the design phase, adding that there might have been room if they had planned for it in the beginning stages. He stated that this is a business deal and it would offer a buffer zone between the single-family houses and railroad tracks. Ms. Tammy Tompkins related that she sells real estate with Doug Wilkinson Realty. She then acknowledged that she knows the numbers are high for rental, but added that five to six times daily they have customers interested in rentals. She stated that residents need something in this economy and they cannot afford to purchase. She related that they would not propose anything that would jeopardize the Subdivision as a whole, adding that they own all 111 lots and four single-family homes currently being constructed. She stated that the duplexes would be built to top quality and would match the other homes. She stated that some would have vinyl siding with brick shirting, and some would have brick fronts, everything would be consistent with the Subdivision. She stated that they would not do anything to hurt the value of the rest of the Subdivision. Alderman Howard questioned City Planner McCulley regarding any concerns for the extra traffic that the duplexes would generate. Mr. Borroughs offered that the Subdivision has two entrance streets, adding that he feels it is sufficient to handle all the traffic. City Planner McCulley stated that there is half of a percentage point between a single-family home and a duplex. He stated that the duplex lots would almost double the amount of cars per lot because it doubles the living units along the back street. He stated that he did not feel that since the streets are built to city standards that it would present a problem, adding that his main concern would be the utilities. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. Commissioner Herbold stated that he did not want to restrict a developer from reasonably developing their property, but pointed out that the property is zoned as R-0 and can be developed for single-family without having to increase the percentage of rental property in Jacksonville. He then noted the difficulty involved with providing for the extra utilities that changing to duplexes would require. Ms. Tompkins noted that a concept popular in Dallas is the development of duplex homes that are sold individually. She stated that the only difference is a firewall for insurance purposes. She stated that it is her understanding that even if they proposed that type of development; they would still have to have a rezoning. Commissioner Evans noted that if the property were rezoned for duplexes, there is no restriction that the duplexes would have to be sold individually. City Attorney Bamburg clarified that the situation described by Ms. Tompkins would be a classification of R-4. Ms. Tompkins stated that it was her question, if R-2 was the same zoning necessary if they were to propose individual sale of the duplexes. City Attorney Bamburg clarified that R-2 is not applicable for a lot split, which is what it would take to make the property eligible for individual sale. Commissioner Evans noted that he is aware of subdivisions in Little Rock that have duplex areas within the subdivision, adding that after a period of time there seems to be a real clear difference in the quality of the property, either because of renters or absentee owners. He stated that he does not see where that benefits the City of Little Rock and more importantly, he does not see where this benefits this Subdivision that has already been approved. He related that he could anticipate residents purchasing single-family homes in this Subdivision and not knowing that this area would be duplexes and buyers could be surprised by that. He added that not necessarily do buyers check that before they buy. Ms. Tompkins stated that any such information is the obligation of the owner to disclose, she added that it would be on the disclosure statement and the buyer would get a copy of the bill of assurance. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. Commissioner Evans stated that he understands that it would be in writing, as is a lot of information when you buy a house; but he can still understand a situation where someone with a lot of paper in front of them could be surprised by the inclusion of duplexes within their subdivision. He stated that a buyer should not be surprised but it is often the case. He added that even when the information is directly in front of the buyer, it can be overwhelming when purchasing a home. Ms. Tompkins stated that the disclosure is signed within three days of the Arkansas Real Estate Contract. She stated that there should not be a surprise factor given Arkansas laws. Commissioner Evans reiterated that he still does not see how duplexes will benefit the Subdivision that has already been approved. Commissioner Howard moved, seconded by Commissioner Herbold to deny the request to rezone lots in the Meadows Subdivision from R-1 to R-2. MOTION CARRIED. c. CONDITIONAL USE of property located at 8315 Hwy. 161 Chairman Traylor opened the public hearing at approximately 7:48 p.m. Mr. Greg Bradley, owner of G.T. Wrecker Service stated that he needs another storage area for Jacksonville and Little Rock. He related that the cars he picks up for the State Police are Jacksonville. Mr. Stroud questioned the development plan. Mr. Bradley related that there is already a building, explaining that he is proposing to construct a privacy fence with the intention of storing 10 to 15 cars. He stated that he only stores the vehicles until the insurance company examines the vehicle and determines if it would be totaled or taken for repairs. City Planner McCulley related that the property is located just inside the City limits on Hwy. 161. He noted that the building had been vacant and was once on the condemnation list. He explained that the property owner brought the building up to code. He then explained that the privacy fence would be located to the rear of the property with no visibility from the road. He 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. related that Mr. Bradley is proposing to construct a wooden privacy fence with a gate. He noted that one of the employees and his family are now living on the property. He related that the white building on the property would be utilized as an office. Mr. Bradley noted that only 35’ of the privacy fence would be visible from the road. He related that if a vehicle is not claimed, he would run an article in the paper following a hold of 45 days. He added that usually a vehicle is not on site more than 90-days at the most. He then answered that the fence would be 6’ high. City Planner McCulley answered that the property is zoned Highway Commercial, adding that the use is allowed by conditional use. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:54 p.m. Commissioner Dollar moved, seconded by Commissioner Herbold to approve the request for a conditional use regarding vehicle storage at 8315 Hwy. 161 as requested with a 6’ privacy fence and stipulating that vehicles be cycled through and not permanently stored. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. REPLAT Lots 1-6 & 48-53, Block 2, Brown Addition to Lot 1 of Penn’s Replat Mr. Tommy Bond related that the replat was submitted to accompany the rezoning request. He noted that they would return with a site plan next month. City Planner McCulley related that the replat would be from 12 existing lots to 1 lot to facilitate the senior living cottages. He stated that staff recommends approval of the replat. He noted that there is an existing easement running in-between the 12 lots so the Water Department requested relocating an existing waterline. He noted that the plat would be back before the Commission as a final plat followed by a site plan that would address utility questions. City Attorney Bamburg reminded the Planning Commission that any approval would be contingent upon the City Council approving the rezoning recommendation. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. Commissioner Brannen questioned traffic considerations, asking if there had been a study regarding traffic and the James Street Bridge. City Planner McCulley stated that he was not aware of any traffic study but he would consult with Mr. Whisker regarding any study that had been previously conducted. He offered to research the possibility of a traffic study regarding the James Street Bridge. He related that access could be controlled by limiting access only to James Street. Commissioner Gray moved, seconded by Commissioner Evans to approve the replat of Lots 1-6 & 48-53, Block 2, Brown Addition to Lot 1 of Penn’s Replat, stipulating access only on James Street and rezoning approval by City Council. MOTION CARRIED. b. FINAL PLAT Lot 5, First Place Commercial Addition Mr. Aaron Robinson of Bond Engineering related that this is Lot 5 in the First Place Commercial Park, noting that in order to consider the site plan, Lot 5 needed to be final platted. He related that the sewer is located to the rear of lots 1, 2, and 3, adding that there is a 2” waterline but the developer is proposing to construct a larger waterline for fire protection and the sewer will be extended. He noted that plans for utilities would be presented with the site plan. City Planner McCulley stated that staff recommends approval. Commissioner Gray questioned what instrument would provide access to Highway. City Planner McCulley related that it would be a private mutual access easement. Mr. Robinson related that when lots 1 through 3 were platted and lot 4, there was a mutual access easement regarding those lots, a 36’ street. He then related that a second 36’ mutual access easement would be added, offering two accesses to the property. In response to a question posed by Commissioner Gray, City Planner McCulley related that the easement is a matter of record, extending to each property line, granting them legal right to access the property. He related that the new easement would be recorded extending from the edge of City right-of-way to the edge of the property, offering legal access. He then noted that the whole of the property is the same owner. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. Commissioner Gray moved, seconded by Commissioner Evans to approve the Final Plat Lot 5, First Place Commercial Addition. MOTION CARRIED. c. PRELIMINARY PLATS Northlake Gardens & Northlake Subdivision PH XIII Mr. Robinson related that originally the Northlake Gardens & Northlake Subdivision PH XIII were submitted as one plat, explaining that City Planner McCulley and Mr. Whisker have requested that the properties be submitted as separate plats. He presented the Commission with separate plats of the aforementioned properties. He related that the culdesac area is where the Northlake Gardens are located, adding that water, sewer, and storm drainage have been submitted. He explained that the properties were split into separate plats with regard to considerations for the bills of assurance. He noted that the properties would have separate bills of assurance with separate legal descriptions. Discussion ensued regarding location of the proposed Interstate. In relation to this property, it was determined that the Interstate would be located south of this property. The Lake Lorene levy would be between this property and the proposed Interstate, further west there would be more Lake between the two. Commissioner Howard moved, seconded by Commissioner Evans to approve the Preliminary Plats of Northlake Gardens & Northlake Subdivision PH XIII. MOTION CARRIED. BUILDING PERMIT(S): SITE PLAN 201 North First Street/Lighthouse Charter School Mr. Aaron Robinson stated this is the Lighthouse Charter School proposed for Lot 5. He related that the water and sewer has been designed. He then noted that as per request of City Planner McCulley, the sidewalk has been extended to North First Street on the south easement. He added that the sidewalk on the southeast side of the parking by the building has been extended to North First Street. He then added that as also requested last month, he has demonstrated on the site plan the actual floodplain and floodway, adding that the proposed location of the floodplain and floodway have also been represented. He noted the vast difference and stated that they would provide the City with a “no 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. rise certificate”, explaining that the building has been set back far enough that it is not encroaching on the floodway and it will not encroach on the floodway when the new floodway is adopted. He related that the building would be approximately 2’ higher than the base flood elevation. He stated that the base flood elevation between North First Street and the road did not change, only the geometry of the actual land area. City Planner McCulley stated that the main interest was the floodplain and floodway, not knowing when the new map would be adopted. He stated that construction can begin regarding the current maps as long as they provide a “no rise certificate” and the base floor elevation is constructed approximately 2’ above the floodplain. He noted that the proposed building would be a 28,468 square foot education facility. In response to a question posed by Commissioner Herbold, Mr. Robinson answered that the school will begin with K-6 grades and the plans are to add a grade every subsequent year following. It was noted that the sidewalks would be adequate for foot traffic. Commissioner Brannen moved, seconded by Commissioner Gray to approve the site plan for Lighthouse Charter School at 201 North First Street, stipulating that the development meet all flood zone requirements. MOTION CARRIED. GENERAL: It was the consensus of the Planning Commission to host a special meeting January 26, 2009 at 7:00 p.m. at the regular meeting place of the Planning Commission. Items to be presented: 1) A senior living facility at the corner of Military and Loop Roads. It was noted that this item meets hardship requirements in order to meet a once annual federal deadline set February 1, 2009. City Planner McCulley stated that the conditional use has to be approved prior to the owner submitting under guidelines. He then noted that this same property received a conditional use for a much higher density several years ago, but was not developed. He 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. - 8:23 P.M. related that the proposed Government program associated with this project does have stipulations on age and income. He stated that he felt this would be a good asset for the Jacksonville community. 2) A daycare on South First Street adjacent to the Eubanks Veterinarian Clinic. City Planner McCulley related that the property was originally constructed as a daycare that received a conditional use. He explained that the daycare has closed and the property has been vacant, now a new owner wants to open a new daycare and has requested an opening date of February 1, 2009. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:34 p.m. Respectfully submitted, _________________________ Susan L. Davitt 14