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11 AUG 08 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. – 8:12 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on August 8, 2011. Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Chairman Young declared a quorum. PRESENT (7), ABSENT (3). Commissioners Moore, Dollar and Twitty were absent. Others present for the meeting were City Engineer Jay Whisker, Tommy Dupree, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Howard moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 11 July 2011 as presented. MOTION CARRIED. PUBLIC HEARING(S): CONDITIONAL USE Property located on North First Street R-3 in C-2 zone Chairman Young opened the public hearing at approximately 7:13 p.m. Mr. Shawn O’Dell related plans to construct a 19 unit townhouse development. Without opposition, Chairman Young closed the public hearing at approximately 7:14 p.m. City Engineer Whisker noted that Mr. O’Dell had supplied a sketch plan and photographs of townhouses similar to his proposed plan. He then related that there were problems in the past regarding wet weather overflow of manholes, but Bob Williams of the Sewer Department had stated that due to ongoing rehab work there have not been any overflows in the past several years despite wet weather. He then related that Mr. Williams had expressed that the biggest problem would be the pump station across the Freeway at the corner of T.P. White and Northeastern Avenue, adding that larger sewer lines are in the works. He clarified that the Sewer Department is planning to remove the sewer pump and construct a gravity flow line all the way down to what use to be the East Plant. He then answered that the location on North First Street off Toneyville Road is in proximity to Arthur’s Beauty College, Cayenne Restaurant, Action Signs, Pine Meadows Trailer Park, and Christian Academy. It was noted that the current area zoning consists of residential and commercial. City Engineer Whisker noted that the property is zoned C-2 and is located directly across the street from an R-0 development of single-family homes. He then pointed out that the property is 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. – 8:12 P.M. adjacent to R-0, R-3, and C-3. He stated that the conditional use would change the use of the property from commercial to residential providing a buffer from the single-family residential to commercial. He explained that the zoning would remain commercial but the allowable use for this development would be residential. He then answered that it was the petitioner’s request for a conditional use rather than a rezoning. He then noted that there are several other area locations that have a conditional use of an R-3 in a commercial zone, he mentioned Foxcroft Apartments on Madden Road. In response to a question from Alderman Howard, City Engineer Whisker stated that North Pulaski County has difficulty regarding traffic, explaining that the only two exits out of North Pulaski onto the Freeway are North First or the Hwy. 5 exit. He stated that the area has a high traffic count but this development only has 19 residences. Commissioner Ott moved, seconded by Commissioner Brannen to approve the request for a conditional use of R-3 in a C-2 zone along North First Street for a townhouse development. MOTION CARRIED with Commissioner Keaton abstaining. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): SKETCH PLAN REVIEW Townhouses on North First Street Chairman Young questioned if the parking is adjacent to North First Street. City Engineer Whisker stated that the petitioner had explained that he believed it would be a separate drive that would not back out onto North First Street. He concurred that he did not feel the residents of the complex should be allowed to back directly out onto North First Street. He related that the landscaping would have to match requirements of R-3 developments. He then noted that the development has a 26’ green space and a 23’ on either side but will probably need a ½ foot side yard variance. He explained that the dumpster is proposed to be at the rear of the development adjacent to Pine Meadows Trailer Park, adding that the developer is planning to construct a privacy fence. In response to a question from Commissioner McCleary, Mr. O’Dell related his plan to have a 20’ entrance to the parking area on North First Street, keeping cars from having to back out onto North First. He added that he would construct a curb to prevent cars from being able to back out. Chairman Young suggested having green space in the area between North First Street and the parking area. He continued saying that landscaping code would need to be met. It was then related by Mr. O’Dell that the space between townhouses would be 12.5 feet. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. – 8:12 P.M. Mr. O’Dell agreed to have the dumpster screened with fencing. Commissioner Brannen moved, seconded by Commissioner Howard to accept the Sketch Plan incorporated with suggestions from the Planning Commission. MOTION CARRIED with Commissioner Keaton abstaining. GENERAL: ADA sidewalk waiver Base Meadows PH IV City Attorney Bamburg informed the Planning Commission that they have the authority to recommend waiver of the sidewalk requirement but do not have the authority to waive or forego ADA requirements. He clarified that while the sidewalk could be waived the ADA requirements could not be waivered. Chairman Young stated that as long as he has been on the Planning Commission, the Commission has tried not waive sidewalks in order to be consistent with every project, every subdivision because it ends up costing the City money to add those sidewalks in the future. Commissioner Ott stated that the two alternatives would be to grade the street so that it can meet the ADA grade or waive the requirement for those one or two lots that made the culdesac require a sidewalk. Mr. Dave Stanley with Lemons Engineering reiterated that the issue is that more than 20 lots on a culdesac street requires a sidewalk, adding that this street has 23 lots. He stated that because of the slope on the streets they would not be able to adhere to ADA requirements with a typical sidewalk. He stated that it would be impossible, explaining that the maximum slope for a sidewalk is 5% unless you have a ramp then you can go up to 8%, but you also have to have handrails with flat spots. He informed the Commission that even if they constructed a series of ramps and flat spots all the way down the sidewalk, it would still be impossible to actually build the sidewalk because when you get to the end it would still be 5 or 6 feet above the natural ground at the bottom of the hill. He noted that grading the street was mentioned, which would make the street approximately 6’ higher than the natural ground. He stated that it would basically be filling in a giant hole with an enormous amount of dirt to build the road and then you would also have to build out the sides for the sidewalk. He stated that the driveways would be coming down 5’ to get into the lots. He stated that would not be a feasible solution. He stated that the only other solution that was discussed at the last meeting was some sort of turnback ramps in the front yards for the entire length of the street. He noted that this option would more than double the amount of sidewalk going down this street and would require retaining walls in certain areas along the street, which would dramatically increase the costs. He stated that another solution would be to have three turnback ramps side by side, which would be triple the amount of concrete and would require handrails down the ramps, adding that it would be an “eyesore”. He stated that 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. – 8:12 P.M. options are limited, noting that this option would not make the sidewalk user friendly. He related that they are requesting a waiver from having to construct a sidewalk on Airborn Cove or along Hwy. 107 in the same vicinity going up to the Air Base. He stated that the existing sidewalks within the subdivision would connect back with no dead ends. He offered sketches of the two different turnback options, stating that one option would create a bunch of small green spaces that would be very difficult for residents to maintain and the other option would create side by side ramps in front yards that would not be very aesthetically pleasing. He stated that it would probably take two of these turnbacks at each lot just to get through the street. Chairman Young stated that he has never seen a project that tried to make everything ADA compliant. He went on to say that typically sidewalks follow the terrain. Mr. Stanley stated that in northwest Arkansas they do not put sidewalks in hilly terrain subdivisions. He reiterated that in areas of steep grade they did not construct sidewalks. He stated that the majority of sidewalks that have steep grades between 12 to 15% were built prior to 1992 or before the ADA act was fully enforced. He related that there is no governing body that enforces the ADA act, adding that it is the responsibility of municipalities. He went on to say that some cities are ardent about sidewalks, such as Cabot, which has caused a number of lawsuits over the last 8 years. He related that based off their interpretation of the American Disabilities Act, it does not make any specific provisions for subdivisions. He stated that it only discusses sidewalks in general. He stated that a ramp can only be 30’ in total length, maximum grade is 8.33%, or 1’ drop in 12 feet; adding that if a ramp is longer than 6’ it has to have handrails on both sides with a 5’ flat landing at the end of every sidewalk. Chairman Young asked Mr. Stanley to demonstrate the 9% slope for clarification through the culdesac area. He stated that it is slightly less than a 1’ drop every 10 feet. In response to a question from Commissioner Ott regarding a sidewalk on Aviator Drive, Mr. Stanley stated that he believes Aviator Drive will be a culdesac with less than 20 lots. Commissioner Ott noted that the first part of Aviator Drive in the vicinity of lot 237 the sidewalk would be looped, but referenced the other side of Aviator Drive and Airborn Drive, questioning if there were any plans to establish sidewalks in that portion. Mr. Stanley answered that he did not believe there would be a sidewalk because it is a culdesac street with a lot less than 20 lots. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. – 8:12 P.M. Discussion ensued regarding how the sidewalks would loop back to each other as well as the topography and grades along Hwy. 107. Chairman Young questioned if the grade was accessible from lot 290 up and around the culdesac, noting that it might be strange to have a sidewalk midway once you get to the downhill slope. Mr. Stanley stated that if that is what the Planning Commission directs, it would not be a huge issue but it might look funny. He went on to say that the reason the developer is requesting a waiver is not because of the costs issue but more of a liability issue. City Engineer Whisker offered to research other cities and determine their actions under similar situations. Chairman Young agreed saying that he would not want the Planning Commission to set a precedent for waiving a sidewalk unless it is necessary. Alderman Howard moved, seconded by Commissioner McCleary to table the issue of sidewalk waivers for Base Meadows PH IV and have City Engineer Whisker return with recommendations regarding what other cities have done. MOTION CARRIED. ADDITION TO AGENDA: REPLAT Lots 398R, 460R, 461R, 463R & 464R Northlake Subdivision PH XI Alderman Howard moved, seconded by Commissioner Ott to suspend the rules and add the replat of lots 398R, 460R, 461R, 463R, & 464R of the Northlake Subdivision PH XI to the agenda. MOTION CARRIED. City Engineer Whisker explained that Developer Tommy Dupree is requesting a replat of five lots, pointing out that lots 462 and 439 have existing homes. He pointed out that those houses were built to the 35’ build lines and the current bill of assurance requires a minimum of 2100 square foot homes. He stated that the lots on Hummingbird lane were replatted with 25’ build lines before any houses were built. He went on to say that now Mr. Dupree is requesting the replat of the aforementioned lots with 25’ build lines with a minimum 1600 square foot for the houses according to line 7 of the replat. He related that this would require a change in the bill of assurance. He then noted that other homes on Mule Deer Drive are 1800 square foot. He noted a similar situation going from the 35’ to a 25’ setback where there were a few lots that had a 30’ setback as a method of transition into the 25’ minimum setback. He recommended leaving the existing setbacks for lots 398R, 464R, and 463R and then allowing a reduction of setbacks for the remaining lots. He stated that because this request changes the overall planning of the neighborhood, he felt it needed to be reviewed by the Planning Commission. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. – 8:12 P.M. In further discussion, City Engineer Whisker suggested that lots 461R and 460R be platted with 30’ front build line setbacks, noting that lot 462 has a 35’ setback and beginning at lot 459 there is an established 25’ setback. He explained that Mr. Dupree has developed different phases at various times, which created phase XI that was final platted about the 04 or 05 time frame when larger homes were in demand. He related that phase XIII that is connected to this phase from the middle of Hummingbird Lane has gone back to the smaller lot with the new 25’ setback. In response to a question from Commissioner McCleary, City Engineer Whisker explained that the builder of lot 464R brought a building permit request to the Engineering Department on Friday and a copy of that plot plan has been provided to the Planning Commission. He related that the proposed setbacks did not match the current plat dimensional requirements. He went on to say that the builder is proposing to build an 1820 square foot house. He then answered that the two existing homes in the area are over 2100 square feet if built according to the existing bill of assurance. Commissioner McCleary questioned if the change in minimum square footage would affect the property value of existing homes. City Engineer Whisker stated that while he is not an appraiser, on a price per square foot basis, if all things are equal, they would be less money. Mr. Dupree noted that on lot 4 there is a pre-sold that is beginning construction that will be 2200 square feet, adding that they are looking to have a mix of square footage. He related that there is a 4000 square foot house that is being finished on Fawn Wood that has a 2200 square foot house next door. He stated that they are trying to get the street lined up to where there will not be a drop off between the 35’ and 25’ setbacks. He added that the feels Mr. Hicks (the proposed builder) could be accommodated with a 30’ setback for his 1820 square foot house. He related that just because the minimum is being proposed for 1600 square foot does not mean that it will be a 1600 square foot home. He stated that it would not have any affect on the value or appraisals. He added that he has learned that the older generation wants a slightly smaller home. He reiterated that he is not seeing any difference appraisal wise, saying that the appraisals in Northlake run $110.00 to $120.00 per square foot. He introduced Mr. Leroy Hicks, the proposed builder of lot 464R. City Engineer Whisker stated that the plot plan could fit on a 35’ front yard setback, adding that it would adjust the rear setback from a proposed 35’ setback to a 25’ setback. It was noted that the front yard setback is off Mule Deer Drive and access is off Northlake Drive. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2011 7:10 P.M. – 8:12 P.M. Chairman Young noted that the bill of assurance would need to be modified to address the varying degree of sizes for the homes. City Attorney Bamburg clarified that City Engineer Whisker would not be able to approve a building permit for lot 464R regarding a 1820 square foot house in an area that already has a requirement for a minimum of 2100 square feet homes. He stated that the modification would have to be made to the bill of assurance and the bill of assurance would have to be modified by the property owners. It was clarified that bills of assurance are enforced by the neighborhood. In response to a question from Mr. Dupree, City Attorney Bamburg clarified that the new bill of assurance would need to be filed with the Pulaski County real estate office. City Engineer Whisker added that he would need a copy of the filed modification bill of assurance with all signatures. Commissioner Ott moved, seconded by Commissioner Keaton to approve the Replat of lots 464R and 463R with a 35’ front yard setback, lots 461R and 460R with a 30’ front yard setback, no setback change for 398R and filing of a modified bill of assurance regarding all proposed changes. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Young without objection adjourned the meeting at approximately 8:12 p.m. Respectfully submitted, _________________________ Susan L. Davitt 7