09 JUN 08
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
OPENING REMARKS:
The Planning Commission of the City of Jacksonville, Arkansas met in
regular session on June 8, 2009. Chairman Traylor opened the meeting
at approximately 7:00 p.m. expressing appreciation to those in
attendance.
ROLL CALL: Commissioners Art Brannen, Glen Keaton, Bart Gray, Jr.,
Susan Dollar, John Herbold, Joe Ott, and Alderman Bill Howard answered
ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a
quorum. Commissioner Young arrived at approximately 7:02 p.m.
PRESENT (9), ABSENT (1).
Others present for the meeting were City Planner Chip McCulley, Mr.
Shawn Odell, Mr. Tommy Bond, interested citizens, petitioners, and
press.
CORRECTION AND/OR APPROVAL OF MINUTES:
Commissioner Brannen moved, seconded by Commissioner Howard to approve
the minutes of the regularly scheduled Planning Commission meeting of
11 May 2009 as presented. MOTION CARRIED.
PUBLIC HEARING(S): REZONING 1100 North James Street from C-1 to C-2
petitioner Calvary Fellowship of Jacksonville
Chairman Traylor opened the public hearing at approximately 7:02 p.m.
Chauvin Carpenter stated that they are requesting that the property be
rezone from C-1 to C-2 so that the property can be sold.
With no one seeking to present opposition, Chairman Traylor closed the
public hearing at approximately 7:04 p.m.
City Planner Chip McCulley informed the Commission that he had met
with the seller and purchaser, explaining that the purchaser has
stated that it is his intent to mirror the existing shopping center on
James Street. He added that it would be a continuation of what is
already in the area. He noted that the use does follow the Master
Zoning Plan. He confirmed that there are other C-2 uses in the area.
In response to a question from Commissioner Gray, City Planner Chip
McCulley explained that a C-1 zoning features quiet commercial such as
professional offices, while C-2 is a lighter shopping center
commercial use. He related that the purchaser owns a chain of mobile
phone stores and was proposing to lease the other spaces. He noted
that there would be four spaces in the proposed shopping center.
In response to a question from Commissioner Dollar, City Planner Chip
McCulley stated that it would be hard to determine if C-2 would
generate more traffic than C-1, explaining that the hours may vary and
that it would depend on the type of office in a C-1. He stated that a
dentist or doctor’s office would probably generate the same amount of
traffic.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
Commissioner Herbold noted that according to the Code Book there is a
2 acre minimum for C-2 zoning, questioning if the property consist of
2 acres.
City Planner Chip McCulley stated that the property consist of 0.86
acres. He apologized for the oversight, noting that there is no
minimum requirement for C-3.
It was noted that the adjacent property was zoned C-2, and the
existing shopping center is larger than the proposed rezoning but is
not 2 acres.
Discussion ensued that a C-2 use could be granted as a conditional use
in a C-1 zoning, but would require further advertisement. After
conferring with the petitioner, City Planner Chip McCulley stated that
the petitioner would be willing to return the following month for a
conditional use request of C-2 in a C-1 zoning.
Commissioner Gray moved, seconded by Commissioner Dollar to table the
item of business to the next regularly scheduled Planning Commission
meeting. MOTION CARRIED.
REQUEST TO APPROVE PLAT(S): a. PRELIMINARY & FINAL PLAT Shawn Odell
Residential Park
Mr. Odell stated that there had been no changes from the sketch plat.
City Planner Chip McCulley informed the Planning Commission that the
City Council rezoned the property at the previous City Council meeting
to R-1. He stated that staff recommendations would extend to both the
preliminary and final plats, stating that all infrastructure is to be
built before the final plat is filed. He then explained that the only
lacking infrastructure is a sidewalk along North James Street, noting
that the property is two residential lots wide. He stated that if the
sidewalk is not constructed before the final plat filing, an
improvement bond would be required by the City. He pointed out that
building lines need to be added to lots 3 and 4. He stated that the
driveway would need to be built to city and fire regulations regarding
the weight of the Fire Department equipment.
City Planner Chip McCulley withdrew his recommendation for the
sidewalk, stating clarification that the sidewalk is existing.
In response to a question from Commissioner Young, City Planner Chip
McCulley pointed out the location of a fire hydrant on the north
corner by the driveways. He stated that the major concern of the Fire
Department was the thickness of the driveway. He then clarified that
trash collection would occur on North James Street for the rear lots.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
Mr. Odell offered that the mailboxes would also be established on
North James Street.
Commissioner Gray moved, seconded by Commissioner Herbold to approve
the preliminary plat of the Shawn Odell Residential Park as presented.
In response to a question from Commissioner Young, City Planner Chip
McCulley stated that there is no setback requirement for the
hammerhead portion of the driveway, adding that this design was
stipulated by the Fire Marshall. He surmised that the length and
hammerhead is necessary for the turnaround regarding the Fire
Department equipment.
Mr. Odell then answered that it is his intention to fence all the
property.
At this time, MOTION CARRIED.
In response to a question from Commissioner Young, City Planner Chip
McCulley noted that the setback for the front lots is 35’ in order to
match the existing setbacks and the setback minimums for the rear lots
is not less than 25’ front and rear yard with 5’ side yards.
Mr. Odell added that he believes setbacks were addressed in the bill
of assurance.
Commissioner Brannen moved, seconded by Commissioner Keaton to approve
the Final Plat of the Shawn Odell Residential Park with 25’ front yard
setbacks for lots 3 and 4 and the driveway to be built to code.
MOTION CARRIED.
It was the consensus of the Planning Commission to address issues
regarding flag lots by Code.
b. REVISED PRELIMINARY PLAT Hermitage Park Subdivision formerly
submitted as Heritage Plan B
Mr. Bond distributed new revised preliminary plats, explaining that
City Planner McCulley had voiced concerns regarding lot 3. He noted
that the side yard for lot 3 was only 5 or 8 foot, explaining that it
was redesigned to have a 25’ side yard. He then added that the
street name was changed from East Franklin to Hermitage to avoid
confusion regarding the Graham Settlement Subdivision. He stated that
the major problem with development of this property is that it is so
narrow there is only room for one strip, explaining that the
development cost for streets doubles. He stated that typically a
subdivision street has lots on either side, which cuts the cost by
half to each lot. He then noted that ultimately the adjoining property
owner will benefit from the street construction. He stated that the
developer
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
has requested that he not be responsible for curb or gutter on the
side adjoining the connecting property, which would amount to a
savings of 12 to 15 thousand dollars. He then stated that the
developer is seeking relief from building the sidewalk along Loop
Road, noting that there is a sidewalk along the opposite side of Loop
Road constructed when Graham Settlement was developed. He reiterated
that the problem with development of this property has been the
development costs. He stated that the developer is trying to hold
down costs so the houses can be sold as entry level homes. He stated
that the developer is proposing to construct homes similar to the ones
he developed in Jordan Acres off Military Road. He related that the
homes would be targeted toward first time homebuyers, 800 to 1000 sq.
feet with vinyl siding. He stated that the developer is trying to
hold develop costs so that he can sell the lots in the neighborhood of
20 thousand dollars.
It was noted that this is the same property that was previously
presented with a front drive along Loop Road that had three access
points. Mr. Bond reminded the Planning Commission that they had
previously approved a sketch plat two or three years ago that had a
rear alley way. He explained that Mr. Camp did not want to have the
houses face Loop Road with a rear entrance. He stated that this
preliminary plat is a compromise regarding that issue. He stated that
the houses would face the inner street and backup to Loop Road.
City Planner Chip McCulley stated that the proposal is for 20 lots on
slightly over 5.5 acres, calling attention to the fact that the
property is outside the Jacksonville city limits and would need to be
annexed. He stated that staff recommendations are an additional 10’
of right-of-way along Graham Road, the renaming of Franklin Street,
sidewalks along Graham and Loop Roads, lot 3 needed a 25’ building
line, and the Street Department wanted to make sure that the proposed
street would be wide enough for garbage and fire trucks to pass an
oncoming car. He clarified that the street should meet both City and
Fire Department regulations for construction, adding that he wanted to
make sure that the bill of assurance precluded any access to Loop
Road. He stated that the City is not requiring curb and gutter on
that side of the road but is requesting sidewalks along Loop Road.
Mr. Bond stated that having to put a sidewalk on Loop Road might make
development costs unfeasible, explaining that it would add
approximately $1,000.00 per lot. He stated that the only way there
would ever be a sidewalk going north from this development to the
railroad tracks is if the City builds it. He noted that the part of
the property to the north is in the flood plain that would never be
developed. He noted that going south from the property there is
sidewalk down to Military Road on the opposite side of the road,
adding that only in front of First Electric is there sidewalk on both
sides of the road.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
Mr. Bond concurred with Commissioner Brannen that in the 70’s there
was discussion regarding development of a grass farm in the vicinity
of this development, adjacent to the old sewer plant.
In response to a question from Commissioner Young, City Planner Chip
McCulley stated that the only example of a meandering sidewalk/path
that he is aware of is the one in Stonewall Subdivision that meanders
through a small trail system. He noted that it is used in other
communities in lieu of sidewalks.
Mr. Bond responded that he had not run the numbers for asphalt but
stated that at a recent City Council meeting he heard that asphalt was
bid at $58.00 per ton. He explained plans to turtle back the property
sloping it toward Loop Road and the inner street.
Chairman Traylor stated that with a sidewalk on the opposite side of
Loop Road and the fact that there is not a large amount of foot
traffic in the area, he would not oppose a waiver.
City Planner Chip McCulley stated that sidewalks in the area are more
of an issue for the future. He stated that as development occurs it
is the City’s policy that the developer constructs the sidewalk,
eventually connecting all areas. He then concurred that the sidewalk
would not be so much for the residents of this Subdivision but more
for foot traffic along Loop Road, noting that the sidewalk on the
opposite side is behind the fences of the residents of Graham
Settlement.
In response to a question from Commissioner Gray, Mr. Bond answered
that he believes the fencing along the backside of Graham Settlement
was not a development requirement through the Planning Commission but
an individual choice of each builder. Mr. Bond stated that a privacy
fence for this development was discussed but it is almost as expensive
as a sidewalk.
Commissioner Gray pointed out that a privacy fence would serve as an
advantage to the Subdivision, stating that personally he would see an
advantage to the privacy fence regarding traffic traveling along Loop
Road.
Mr. Bond revealed that the developer is not planning to construct a
privacy fence along Loop Road, saying that again it is an issue of
trying to keep housing costs as low as possible. He then pointed out
that the fence behind the Collenwood Subdivision is in need of
maintenance.
In response to a question from Commissioner Ott, Mr. Bond stated that
the width of Hermitage Street is the same width as a standard street,
explaining that it does not have a curb. He explained that a normal
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
street is 27’ back to back and 2’ on the outside edge is curb. He
stated that the developer is proposing 3’ gravel shoulders as with the
curb you would only have 18”.
Commissioner Young stated that he feels the sidewalk along Graham Road
is important but does not have an issue with waiving the sidewalk
requirement along Loop Road.
Commissioner Dollar stated that ordinarily she would prefer sidewalks
on both sides of the street but in this case since the houses are
backing up to Loop Road she would not have an issue with a waiver on
Loop Road.
Commissioner Young moved, seconded by Commissioner Herbold to approve
the revised preliminary plat of the Hermitage Park Subdivision with a
sidewalk waiver on Loop Road, and keeping the requirement for a
sidewalk on Graham Road between Hermitage and Loop Road with no access
from the rear yards to Loop Road. MOTION CARRIED.
c. FINAL PLAT Northlake PH XII-A
Mr. Bond stated that he believes most of the issues have been worked
out, pointing out that issues were: sewer lacked testing in one small
section asking that the Planning Commission make approval contingent
upon that requirement being met. He then stated that there is a small
section of 5 to 10’ wide asphalt next to the curb that the subgrade
was rejected by the City, explaining that it would be fixed prior to
the City Council meeting, adding that the last issue is the
construction of a sidewalk on Northlake and Fawnwood. He stated that
they are requesting consideration for those improvements being
completed before the plat is sent to the City Council for final
approval. He then added that the bill of assurance as presented will
be modified, explaining that lots 466, 467, 468, and 469 are now being
proposed for 80’ wide with 1500 square foot minimum requirement for
the houses instead of 2100 square foot.
City Planner Chip McCulley related that the phase consists of 14 lots
on approximately 7 to 8 acres of property, adding that the sidewalks
on Northlake and Fawnwood would need to either be constructed or
bonded for before the next City Council meeting as well as the small
portion of asphalt needed. He stated that it is his understanding
from Bob Williams at the Sewer Department that the test has been
requested and should be performed in a few days. He stated that
realistically all items could be completed before the next City
Council meeting which is why the Final Plat is being presented to the
Planning Commission at this time.
Discussion ensued regarding the AP&L right-of-way and the question of
ownership. Mr. Bond surmised that unless transferred with the lot it
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
would remain in the name of the person who has title. He added that
he would believe that the developer would want to transfer the
property. He noted a similar circumstance regarding the pipeline that
runs through the eastern part of Jacksonville near the Boys Club,
explaining that most of that property is not transferred. He then
noted that in this case there will be a property owners association to
maintain the lake, explaining that this piece of property could be
included in the property owners association.
Commissioner Brannen moved, seconded by Commissioner Herbold to
recommend final plat approval to the City Council for Northlake PH
XII-A, stipulating bonding for the sidewalks and asphalt on Northlake
Drive, with inspections completed by the Sewer Department prior to
being forwarded to the City Council, and a change in the bill of
assurance regarding 1500 square footage requirements regarding lots
afore mentioned. MOTION CARRIED.
BUILDING PERMIT(S): 1300 North James Street/James Manor Development
formally submitted as Penn Cottage Development
Mr. Bond stated that in discussions the major issue has been the
accessibility of the small street that went north from the
intersection, noting that it is now being named James Manor Circle.
He explained that one lot has been eliminated and moved the lot lines,
which eliminated the need for a variance from the Board of Adjustment.
He noted that regarding issues for the Fire Department, the lot lines
now comply with the Ordinance.
City Planner Chip McCulley stated that the developer is proposing 26
single-family detached houses plus the club house on 2.69 acres,
noting that this property would require a flood statement that
reflects the current maps. He then noted that this development would
require a landscaping plan that meets landscaping requirements. He
stated that the street has been renamed and the plan does meet fire
codes. It was noted that all the properties would be addressed off
James Manor Circle, numbered the same as with an apartment complex.
Commissioner Young mentioned the setback requirement between single-
family housing asking if the same setback would apply between these
units.
City Planner Chip McCulley stated that the Fire Marshal was okay with
the design.
Commissioner Young noted that with overhangs there would only be 2’
between houses.
Mr. Bond reminded the Commission that these units are not individually
owned but are rental units. He added that the developer opted to have
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
individual units as opposed to having zero lotlines in an effort to
meet market prefer ability, which is the reason the units are so close
to each other. He stated that this type of design was constructed in
Cabot with approximately 6’ in-between the building, a 3’ sidewalk
between the units with gravel and no landscaping, adding that the
development was well received.
In response to a question from Chairman Traylor, Mr. Bond explained
that the unit (2) is a single bedroom and the others are two bedrooms,
adding that he believes that the developer has received some request
for a single bedroom. He then pointed out that there is only four in
the development. He then answered that according to standard code 20%
or 4 to 5 units are handicap accessible.
Commissioner Herbold pointed out that since the development is being
geared toward the elderly, it would seem the developer would want to
increase the number of handicap units.
Mr. Bond acknowledged, saying that the only problem would be the
additional space needed in kitchen and bath areas to make them
handicap accessible for scooters.
Discussion ensued regarding the method to ensure the property is
reserved for elderly residents. Mr. Penn stated that he is not
exactly sure of the method but stated that his goal is for age 55 and
up.
Commissioner Dollar clarified that currently you can not restrict
younger residents but you can advertise as a senior residence. She
stated that about the only time it becomes an issue is with
grandparents and grandchildren.
In response to a question from Commissioner Young, Mr. Penn stated
that regarding the existing residence, he plans to build a dining hall
and kitchen to the rear. He then stated that the property manager
would live in the house. He stated that the concept is evolving but
surveys have indicated that some residents in senior living complexes
want food service, adding that monthly fees would depend on the level
of service. He then answered that currently they are not so much
considering assisted living but are not completely ruling that out,
adding that housekeeping and meals could be an option. He stated that
the building exterior and the grounds would be maintained.
Discussion ensued regarding plans for a dumpster to be placed in the
curve making it easy for pickup, adding that it would be screened.
City Planner Chip McCulley stated that if the developer chooses,
Public Works Director Jim Oakley has related that they could opt to
have a curb side pickup, noting that elderly residents are the
increasing demographic to participate in recycling.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
Commissioner Brannen questioned the influx of traffic for North James
Street and City Planner Chip McCulley stated that he does not feel it
would be significant, adding that currently there are no plans to make
improvements to James Street without the widening of the bridge over
Hwy. 67/167.
A plat correction was noted from 5’ side yard setbacks to 6’.
Mr. Bond answered that the street width is 24’ back to back, noting
that the street is not public and is typically what is found in
apartment complexes.
Mr. Penn added that it is not definite but it is possible that there
will be one-way traffic with the new pattern.
Commissioner Young questioned the feasibility of deleting one lot per
street in order to gain better space.
Mr. Penn entertained the possibility, saying that he wants to maximize
the developments potential. He noted that he proposes a 1’ overhang,
saying that there would be approximately 4’ between the overhangs. He
stated that he would like to hold the current density but if it is the
Planning Commission’s wish to decrease the density, he would be
willing to consider that. He noted that if he had gone with the
concept of duplexes it would have saved approximately 3’, but they
were not interested in duplexes. He stated that he feels this will be
more of a unique project with a cottage feel. He then answered
Chairman Traylor that the original plan had 21 or 22 units, saying
that this presentation is a smarter use of the property.
Mr. Bond noted that it is important to make the development a viable
project regarding the mortgage considerations.
Commissioner Herbold questioned the ability for the units in the
center to expand if the units to the north were pushed further north
and James Manor Circle were moved north.
Mr. Bond answered that they are trying to maintain a 20’ rear yard,
pointing out that currently the rear yard is approximately 18’, and
then noting that there is a 50’ right-of-way where development will
never occur behind those houses.
Further discussion ensued as to various avenues and the feasibility of
creating additional spacing between units. It was noted that if the
street were moved more to the north it would create more space for the
four center units.
Mr. Bond then answered that in order for development to occur in the
right-of-way it would have to be closed by the City. He went on to say
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 8, 2009
7:00 P.M. - 8:33 P.M.
that he did not feel that the City would be inclined to close the
right-of-way because it has lots of utilities plus a drainage ditch
down the middle of the right-of-way. He explained that the drain runs
down the street and under Jeff Davis, picking up at the big drain that
turns and goes down to the Hospital.
Commissioner Young asked if the developer would be willing to revise
the site plan and return next month.
Mr. Penn clarified that the recommendation would be to stretch spacing
between the units, creating more “elbow room”.
Commissioner Young advised that the space be increased from 6’ to at
least 8’ between the units. He stated that he loves the cottage
ideal, having houses centered on a courtyard area, adding that he
feels there is a niche for this type of development.
Commissioner Herbold concurred that with the removal of two lots and
the moving of the road it would create additional spacing.
Mr. Penn stated that he would take it under consideration and Mr. Bond
offered that they would provide photographs of similar developments
with a 6’ separation, saying that personally he did not find it to be
a problem. He then noted that between the units there is a 2 to 3’
sidewalk with 18” on each side graveled. He stated that the overhangs
are less than 1’, guessing them to be 9”. He noted that a similar
development in Cabot named Westhaven was designed with rear access
garages. He noted that increased density is characteristic of this
type of development, explaining that the two and three bedrooms are
approximately 1,000 square feet.
Commissioner Young moved, seconded by Commissioner Brannen to table
the request for a building permit at 1300 North James Street, asking
the petitioner to considering revising the site plan to offer
additional space between the units. MOTION CARRIED.
GENERAL:
ANNOUNCEMENT:
ADJOURNMENT: Chairman Traylor without objection adjourned the meeting
at approximately 8:33 p.m.
Respectfully submitted,
_________________________
Susan L. Davitt
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