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09 NOV 09 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. - 7:43 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on November 9, 2009. Chairman Traylor opened the meeting at approximately 7:10 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, John Herbold, and Joe Ott answered ROLL CALL. Chairman Traylor also answered roll call and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were City Engineer Jay Whisker, Tommy Bond, Aaron Robinson, Rory Smith, Mayor Fletcher, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Young to approve the minutes of the regularly scheduled Planning Commission meeting of 13 July 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING 905 South Oak Street from R-2 & C-4 to C-2 Chairman Traylor opened the public hearing at approximately 7:10 p.m. Pastor Larry Gregory of the House of Refuge Ministries stated that with permission from the land owner, he is requesting that the property be rezoned to accommodate construction of a church. In response to a question from Chairman Traylor, City Engineer Whisker clarified that the rezoning is from a combined R-2 and C-4, noting that the R-2 zoning is a small 150’ strip of land to the rear of the tract. He explained that directly east of the property are single family homes. He related that the R-2 was originally designed to be a buffer for the C-4 commercial property, adding that the Church is proposing a C-2 for the entire tract south of what would be Mr. Taylor’s old house. City Engineer Whisker then answered that rather than seeking a conditional use of C-2 in a C-4 zone, the Church is seeking a permanent zoning. He then explained that previously the property was before the Planning Commission approximately two years ago by Clayton Engineering. He stated that the petitioner is proposing to purchase the southern 12 acres of the Taylor property, which will leave approximately 2 acres. It was clarified that the remaining 2 acres would remain C-4 in the front and R-2 to the rear. City Engineer Whisker then explained that since the owner is retaining 2 acres and selling 12 acres that would constitute a subdivision or split. He stated that by ordinance and State law they are supposed to plat the property, adding that the felt it was an oversight by Mr. McKimmey. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. - 7:43 P.M. He stated that he does not foresee a problem with the rezoning, questioning the best way to assure compliance with subdividing rules and regulations. City Attorney Bamburg clarified that the property would require proper subdividing prior to the rezoning. Chairman Traylor closed the public hearing at approximately 7:15 p.m. Chairman Traylor noted that in his experience on the Planning Commission, there are occasions involving property from a long time ago when the proper paper trail was not followed, thus creating a difficult situation for the present day Planning Commission. He issued his support that a proper subdividing of the property occurs prior to completion of the rezoning. Commissioner Ott questioned if the remaining R-2 property, following the requested rezoning, would meet the requirements of an R-2 zone. City Engineer Whisker clarified that it would, adding that the minimum lot requirement for R-2 is 100’ deep X 60’ wide. He added that the 50’ was for a street right-of-way that would run between the single- family subdivision and the duplex development. He explained that the street right-of-way was proposed to tie into Gum Street on the north end, Rainey Place tying in somewhere in the middle, and a culdesac at the south end. He noted that with the right-of-way it would provide for a row of duplexes 100’ deep with 60’ wide lots. He related that this was proposed as a buffer to separate the commercial property from the single-family subdivision. He explained that when this occurred, the owner had originally wanted the entire tract rezoned to C-4 but relented to have an R-2 buffer to the rear. He reiterated that the 2 acres, including the house, would remain C-4 and R-2. Chairman Traylor clarified that the current owner would be the proper entity to carry out the subdividing of the property. City Engineer Whisker stated that he had advised the petitioner that, through no fault of their own, the land owner would have to subdivide the property. He noted that there is a street easement along the rear called Gum Street that needs to be connected in this process. He stated that it would have been a different situation if the owner had sold the entire piece of property for rezoning. City Attorney Bamburg offered a suggestion, apologizing if his suggestion affects the petitioner’s building plans, asking the Commission to consider tabling the rezoning pending the property owner subdividing the property properly or if the Church were to purchase the entire tract and amend their request, bringing it back before the Planning Commission next month. He stated that this would allow the Church to proceed with plans at that time. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. - 7:43 P.M. Commissioner Brannen moved, seconded by Commissioner Herbold to table the rezoning of 905 South Oak Street to the next regularly scheduled Planning Commission meeting. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Faith Subdivision Mr. Aaron Robinson of Bond Engineering stated that the weather has finally permitted completion of the street, explaining that the base is down and all utilities are in. He added that the only item Mr. Smith is waiting on is the asphalt, noting that a letter from the bank has been forwarded to City Engineer Whisker stating that monies have been set aside for the asphalt. City Engineer Whisker offered the letter of credit to the Planning Commissioners, stating that with the exception of a few small items the plat looks good. He related that the street would become a public street and the sidewalk has to be finished. Mr. Robinson responded that the sidewalks would be located along North First Street. City Engineer Whisker then related that the Water Commission has requested a maintenance bond. He reiterated that the maintenance bond for the Water Department is the only item lacking. He added that the letter of credit would address the asphalt and sidewalks. Commissioner Brannen moved, seconded by Commissioner Herbold to approve the Final Plat of Faith Subdivision contingent that a maintenance bond be filed with the Water Department, with acceptance of the letter of credit for the asphalt and sidewalks. MOTION CARRIED. b. FINAL PLAT Lots A, B, & C Foxwood Subdivision Mr. Tommy Bond of Bond Engineering stated that the plat has three parcels of land that were left over from two different phases of the Foxwood Subdivision. He clarified that two of the lots were in Phase IX and the other was in Phase X. He stated that with the exception of Lot A, the other two lots have utilities without a water meter, noting that the street is already developed. He stated that the only remaining issue to be discussed with City Engineer Whisker is a 20’ easement on the west side of Lot A, which he is in agreement to. He then mentioned that a building line needed to be added to the plat regarding Lot B. He explained that Lot A would require some fill, which was the original reason the lot was not platted in that phase of the Foxwood Subdivision. He noted that Lot A would carry an “F” designation for the flood plain. He related that the bill of assurance would be the same as the existing bills of assurance. City Engineer Whisker noted that homes would match the size required for the parent bills of assurance, adding that Lot A has a drainage 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. - 7:43 P.M. easement that needs to be dug out, which will most likely provide the fill needed for Lot A. He stated that the water and sewer are available to the Lot. He offered that Final Plat approval should be contingent on the ditch being shaped as needed. He stated that the ditch has already been engineered when the Subdivision to the south was being designed. He clarified that Lot A is directly across from Steeple Chase, which dead ends into the wooded vacant lot, explaining that the storm drain heads underneath and goes between Critter Hollow Subdivision Lot 6F and the west side of Lot A. He noted that the west side of Lot A would need a 20’ easement with the ditch dug out to match the rest of the Subdivision to the south. He explained that it would need to be a 4’ flat bottom ditch with sloped sides. It was clarified that the 20’ easement would be strictly for drainage. Commissioner Young noted previous discussions that had involved the development of a walkway to tie together the two subdivisions. Mr. Bond offered that if determined to be a desired option, it could be worded to be used as both a sidewalk and drainage easement. City Engineer Whisker recalled that behind Lot A is where the alley turns back to the south with some piping through the area that heads to the pond area. He stated that it changes in that area, explaining that the lots of the future Foxwood Gardens all have an alley from Lot B to Lot A. He stated that those lots will have the availability of building a rear lot garage off that alley way. He clarified that Lots A, B, and C have been there for a long time, noting that Lot A was originally conceived to be an access. He added that he is not sure why Lots B and C were not developed sooner. He then offered that Lot B originally had street right-of-way on either side, which might have prevented it from being sellable. Mr. Bond stated that there had been some thought to extending the street, and the drainage was there as well as the fill issue, so the developer choose not to develop these lots. He stated that the development concept for Lot C was unclear until Foxwood Gardens was platted. He explained that these Lots were pieces left following the surrounding area development and design. Mr. Bond then answered that Lot C would be accessed from Foxwood Drive, noting that it is a good sized lot. He related that the flood plain comes down around Lot 407F, adding that it is his understanding that the three adjacent lots in Phase IX were filled. He then concurred that the setback would be 35’ to match the existing homes. Commissioner Young moved, seconded by Commissioner Ott to approve the Final Plat of the Foxwood Subdivision Lots A, B, C; stipulating that the ditch be shaped as required, a 20’ access easement on Lot A, designation of floodway on Lot A, and side yard setback on Lot B be included on the Final Plat. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. - 7:43 P.M. City Engineer Whisker noted that if deemed necessary the plat would be assigned a number designation to complete the phase number of the Foxwood Subdivision. MOTION CARRIED at this time. BUILDING PERMIT(S): SITE PLAN Faith Subdivision Townhomes Mr. Aaron Robinson of Bond Engineering informed that this was the same site plan that the Commission had seen at the beginning of the project. He explained the need to have the site plan approved so the developer could obtain his building permits. He noted that the landscaping plan has been included and all utilities are in. City Engineer Whisker with Commissioner Young discussed the landscaping plan requirements regarding this development; it was determined that the landscaping plan would be reviewed to be compliant and approved by City Engineer Whisker. City Engineer Whisker recognized the requirement for landscaping regarding commercial property, saying that a duplex development is a commercial venture capable of making the owner money, and in that way is similar to an apartment complex, which is required to have a landscaping plan. He noted that the developer did retain a buffer of trees along the property line adjacent to the Jacksonville Bible Baptist Church. Commissioner Herbold questioned the situation regarding fencing along Woolfort Street. Mr. Robinson stated that the fencing along Woolfort was discussed and the developer has determined that he would construct some type of fencing to separate this development from the mobile home park. He related that the developer is proposing a 4’ chain link fence. City Engineer Whisker related that Mr. Smith has indicated that he is ready to get started with building, adding that his biggest reservation would be that the water needs to be turned on before he starts. He stated that approval of the site plan allows Mr. Smith to obtain building permits, asking that approval be contingent on him producing a bond for water. He stated that the City does have a letter of credit that covers Final Plat approval but the water issues needs to be addressed before construction begins as a safety issue. He then answered that the asphalt is the only thing lacking regarding the road work. Commissioner Young moved, seconded by Commissioner Brannen to approve the site plan for the Faith Subdivision Townhomes, contingent on satisfying the Water Department’s bond requirements, the water being turned on; as well as contingent for the asphalt, sidewalks, and final approval of landscaping plan by City Engineer Whisker. MOTION CARRIED. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. - 7:45 P.M. GENERAL: ANNOUNCEMENT: City Engineer Whisker announced that City Planner Chip McCulley has chosen to take another job that he feels will be better for him and his family, adding that the City wishes him well. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:43 p.m. Respectfully submitted, _________________________ Susan L. Davitt 6