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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. 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. 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 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. 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 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 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 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. 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 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