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09 MAR 09 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. - 8:00 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on March 9, 2009. Chairman Traylor opened the meeting at approximately 7:15 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Glen Keaton, Bart Gray, Jr., Susan Dollar, John Herbold, and Alderman Bill Howard answered ROLL CALL. Vice Chairman Young also answered ROLL CALL and declared a quorum. PRESENT (6); ABSENT (2) OPEN SEAT (1). Others present for the meeting were City Planner Chip McCulley, Mr. Tommy Bond, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Howard moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 9 February 2009 and the special called Planning Commission meeting of January 26, 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 2213, 2301, 2303 and 2305 Hamilton Street from R-7 to R-1 Vice Chairman Young opened the public hearing at approximately 7:18 p.m. Mr. David Bald stated when he originally purchased the property he thought he could build a house, explaining that he wants to rezone the property to construct a single-family home at 2213. He stated that he is requesting the rezoning of 2301, 2303 and 2305 for single-family and will eventually remove the trailers to construct homes on those properties. Vice Chairman Young opened the floor and no one presented to speak in opposition. Vice Chairman Young closed the public hearing at approximately 7:19 p.m. City Planner McCulley informed the Commission that he had counseled Mr. Bald regarding the need to rezone the property before constructing a single-family home. He noted that a large portion of the area property is zoned R-7 for mobile homes. He stated that an area trend has been to remove the old trailers and redevelop the property for single-family, apartments or townhomes. He stated that Mr. Bald intends to construct four 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. - 8:00 P.M. single-family homes beginning with the lot located at 2213 Hamilton, noting that this would be Mr. Bald’s personal residence. He stated that long-term Mr. Bald plans to continue, one lot at a time, to construct single-family homes on each lot. It was noted and City Attorney Bamburg confirmed that if rezoned to R-1 and the old trailer is removed, then another trailer would not be allowed back onto the property. In response to a question posed by Commissioner Gray, City Planner McCulley stated that three of the lots are 60’ and the last most northern lot is 65’ and all the lots are 130’ deep. It was clarified that the lots qualify for an R-1 zoning. Discussion ensued as to the amount of remaining R-7 zoned property and the acreage requirement for that zoning. It was noted that the requirement would apply to new mobile home subdivision developments. City Planner McCulley noted that the property directly to the east is being developed as townhomes. He then answered that utilities are provided. Mr. Mike Wilson related that there are several mobile home parks in the area that do not meet the 3-acre requirement, saying that he feels the proposed use of the property would be a lesser density and would also enhance the area. Commissioner Gray moved, seconded by Commissioner Herbold to recommend to the City Council the rezoning of 2213, 2301, 2303 and 2305 Hamilton Street from R-7 to R-1 as requested. MOTION CARRIED. b. REZONING 2100 and 2104 Chapel Hill Road from R-7 to R-3 Vice Chairman Young opened the public hearing at approximately 7:26 p.m. He noted access dead ends at this property, explaining that he is also in the process of purchasing an adjacent 1.5 additional acres. He related that he feels R-3 would be a better use of the property, noting that Jonco Enterprises is constructing apartments two lots over from this property. Vice Chairman Young closed the public hearing at approximately 7:28 p.m. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. - 8:00 P.M. City Planner McCulley related that with the purchase of the additional acreage it would square up the property, noting that it is Mr. Wilson’s intent to rezone the additional property when purchase is finalized regarding litigation. He noted that all utilities are on the property. He stated that there would be some construction of inner roads and parking. In response to a question posed by Chairman Young, Mr. Wilson stated that the access would most likely be a private drive. In response to a question posed by Commissioner Gray, City Planner McCulley related that the property is a metes and bounds, clarifying that the request is for two separate parcels. Commissioner Gray moved, seconded by Commissioner Keaton to recommend to the City Council the rezoning of two tracts of property addressed as 2100 and 2104 Chapel Hill Road from R-7 to R-3 as requested. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. SKETCH PLAT 1504 North James Street Questions arose regarding the correct addressing of the property; additionally 1505 and 1501 were discussed as being the correct addresses. Mr. Shawn Odell explained that he is proposing to subdivide the property into four separate lots. Vice Chairman Young noted that three separate options were provided to the Commission. Mr. Odell stated that his preference would be option #1. City Planner McCulley related that the property consists of approximately .6 acres, adding that he would research the address issue. He stated that Mr. Odell is proposing three options, two of which propose four single-family lots and the third proposes two single-family lots. He stated that he has spoken with Mr. Odell regarding his proposal and researched flag lots. He noted that many municipalities do not allow flag lots, further explaining that flag lots are usually permitted in more urban settings with larger acreage. He related that flag lots in that instance are to allow development of large acreage behind while maintaining the rural character. He noted that municipalities 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. - 8:00 P.M. allowing flag lots mandate requirements, explaining that one of the more major issues is fire equipment access because of the long length of the driveway. He added that another major concern is the integrity of the street, noting that the reason for a 25’ or 35’ front yard building line is so all the houses will line up. He stated that when houses are behind houses, they end up being between other houses and their back yards. He stated that staff recommends option #3 in order to maintain the integrity of the street. He recognized that there have been a few areas around town where flag lots were permitted, which was prior to his tenure and his opinion of flag lots. He offered the Commission information he researched regarding flag lots. In response to a question posed by Commissioner Herbold, City Planner McCulley answered that the lots are currently zoned R-0. He then clarified that the lots would have to be rezoned for options #1 and #2. Commissioner Gray questioned as a metes and bounds property description, is the seller selling a metes and bounds portion of a larger tract of property that is not platted. City Planner McCulley stated that he had not reviewed the sales contract, answering that it would require further investigation to determine, adding that he feels this is a portion out of a larger tract. Mr. Odell agreed, saying that this property was previously a part of a portion of the adjacent property. Commissioner Gray acknowledged this as the art of subdividing, which the Planning Commission supervises, noting considerations for what is being transferred from the owner. Mr. Odell answered that he has not completed purchase of the property, and that the present owner is not present. Commissioner Gray stated that there is an active subdivision from the current owners that needs to be addressed as well as issues for Mr. Odell. He noted consideration of what property remains and how it relates to this property. Mr. Odell stated that this tract is the remainder of the property, explaining that the seller has already sold the other two homes that are north of the property. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. - 8:00 P.M. City Attorney Bamburg questioned if Mr. Odell had presented authorization from the current owner to allow him to request a sketch plat from the Planning Commission. Mr. Odell stated that the purchase offer was contingent on him being able to replat the property into more than one tract. He then answered that it was understood that he was not going to purchase the property unless it could be replatted. City Attorney Bamburg stated that without explicit authorization from the current owner, the Planning Commission cannot take action on this request. He clarified that the language in the agreement offers this as a contingency but does not authorize Mr. Odell to request a subdivision from the Planning Commission. He stated that Mr. Odell would need to present City Planner McCulley a document signed by the owner that authorizes Mr. Odell to make the request. Vice Chairman Young offered that his preference would be option #3, explaining that it seems the best fit for the neighborhood. Mr. Odell pointed out that the adjacent property has a house behind the house that fronts the street. He explained that the property has a 10’ driveway to gain access to the rear property, adding that his proposal is for a 20’ access. Vice Chairman Young stated that it is his belief that the adjacent property was grandfathered. He then offered that it would need to be a culdesac type situation. Mr. Odell then offered that there is a new 6,000 square foot home off Quince Hill that has a 10’ driveway leading to it behind three or four other houses, adding that all the homes are new homes. Commissioner Keaton offered that he does not oppose a flag lot but would like to see more of a common drive instead of separate drives. Mr. Odell stated that he has offered evidence to the Planning Commission regarding half a dozen flag lots scattered throughout Jacksonville. He cited a flag lot located in the Pennpointe Subdivision that has a 24’ driveway. He reiterated the situation of the house being located to the rear of houses facing Quince Hill, saying that the mailboxes are on either side of the driveway leading to the rear house. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. - 8:00 P.M. Commissioner Herbold noted that the subdivision is the Small Oaks Subdivision, across from the B.P. gas station. Discussion ensued regarding considerations for widening the driveways to accommodate Fire Department equipment access. City Planner McCulley offered that flag lots are not allowed in Sherwood, adding that North Little Rock does allow flag lots but one of the requirements is a 20’ pole area for each flag lot. Commissioner Dollar moved, seconded by Commissioner Herbold to table the request until the regularly scheduled meeting in April, pending authorization directed to the Planning Commission from the owner, authorizing Mr. Odell to work with City Planner McCulley in meeting plat requirements. MOTION CARRIED. b. FINAL/REPLAT 1001 West Main Street Lot 1, Arby’s Addition Mr. Robert Brown of Development Consultants stated that his firm is representing the USB Corporation that owns the property. He then introduced Mr. Andy Benning of the USB Corporation. City Planner McCulley noted that the request is considered a replat of the property. He stated that the replat will cleanup all easements, setbacks, and requirements to meet today’s development standards. He pointed out that the Planning Commission would be reviewing the building permit request next on the agenda. He explained that the project is a complete scrape and rebuild. He stated that the Final Plat consists of approximately one-half acre, adding that it does meet all bulk and area requirements. He then noted that the property is zoned C-2. He stated that staff recommends approval of the Final Plat. In response to a question posed by Commissioner Dollar, Mr. Brown stated that the drop off on the access would be significantly improved. He explained that the site plan offers a lot of grade change from the front to the rear and especially to the southeast corner. He stated that a number of issues would be resolved, including the addition of several green spaces between the curb and sidewalk. He noted that the replat would provide additional right-of-way. He then noted waivers regarding the site plan, explaining that there was not enough space on the west and south sides, but they would be providing additional landscaping on the north and east sides. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. - 8:00 P.M. Commissioner Gray moved, seconded by Commissioner Dollar to approve the final plat as presented. MOTION CARRIED. BUILDING PERMIT(S): SITE PLAN 1001 West Main Street Arby’s Restaurant City Planner McCulley stated that the main difference would be the grading of the site and the access points off Jeff Davis. He related that the chief gain from this site would be along Jeff Davis, noting that currently it is continuous asphalt, explaining that with current curb cuts there will be considerable amounts of green space and sidewalk. He stated that the site plan is recommended for approval. In response to a question posed by Vice Chairman Young, Mr. Brown concurred that the dumpster would be enclosed and screened. He then noted that the northern curb cut on Jeff Davis has been moved closer to Main Street providing an additional 40’ of separation between the side drives. In response to a question posed by Alderman Howard, Mr. Brown explained that under the new configuration, parking spaces would be pulled back behind the sidewalk improving visibility for drivers exiting the parking lot. He stated that there would be a green area between the proposed curb and the right-of-way line and further north is actually where the sidewalk would be located. It was noted that the new plan meets the parking codes. Commissioner Keaton moved, seconded by Commissioner Dollar to approve the site plan as presented with requested variances. MOTION CARRIED. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:00 p.m. Respectfully submitted, _________________________ Susan L. Davitt 7