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00 JAN 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. OPENING REMARKS: Acting Chairman Gray opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Ken Nabors, Bobby Lester, Bart Gray, Jr., Dean Wilborn, and John Hardwick answered ROLL CALL. Acting Chairman also answered ROLL CALL and declared a quorum. Commissioner Piggee arrived at approximately 7:06 p.m. PRESENT six (6), ABSENT (2). Others present for the meeting were City Engineer Reel, Alderman Bill Howard, Mrs. Emma Knight, Mr. Jim Peacock, Mr. Mark Perry, Mr. Tommy Bond, Patriot Reporter Peggy Koury, and petitioners. ELECTION OF OFFICERS: Acting Chairman Gray related the need to elect the Planning Commission Chairman and Vice Chairman/Board of Adjustment Chairman for 2000. Commissioner Hardwick moved, seconded by Commissioner Lester to nominate Commissioner Art Brannen to serve as Planning Commission Chairman. MOTION CARRIED. Commission Hardwick moved, seconded by Commissioner Nabors to nominate Commissioner Gray to serve as Planning Commission Vice-Chairman and Chairman to the Board of Adjustment. MOTION CARRIED. Commissioners Hardwick and Nabors volunteered to serve as members from the Planning Commission to the Board of Adjustment. Vice Chairman Gray commended the service of past Chairman Perry who will continue serving as Board of Adjustment Commissioner. PUBLIC HEARING(S) a. Rezoning of property located at 1001 Quince Hill Road Chairman Gray opened the public hearing at approximately 7:10 p.m. Mr. Jim Peacock representative for petitioner/owner Dave Goins stated that Mr. Goins has an opportunity to sell property located at 1001 Quince Hill Road for development of a mobile home subdivision. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. Mr. John Herbold 1100 Quince Hill Road presented a 185 signature petition of opposition to the Commission and related that research he has conducted shows sewer and traffic will not support a mobile home park in Toneyville. He stated that landowners have rights to develop their land, however, homeowners also have rights regarding the best development for their area and the City. He stated that the area proposed for rezoning could accommodate a less dense housing development and that the area needs to be developed slowly. He related that in contacting the Wastewater Department he learned that the last sewer system study of the area was done in 1992. He stated that the Northeast Pump Station had been upgraded and even after the upgrade it was still running at capacity. Since 1992, there has been further development by Mr. Dick Jones in the area. He related that the area from North First to the City limits is serviced by one 8” or 10” sewer line system. He stated that the area includes 100 HUD units, 50 Swiss Village apartments, a beauty college, a school, two churches and over 217 homes for a total of over 600 units in the area. He related that there are manholes that overflow during heavy rains and areas that have required pumping by the sewer system behind Swiss Village. He pointed out that there are forty-six lots approved in the Dick Jones development that will be brought on line as construction is completed. He reiterated concerns for density and speed of development regarding a mobile home park. He then cited traffic concerns with the increased traffic from Cabot, mentioning implications of increased traffic regarding the new Supercenter. He stated that in research he found vacancies at almost every mobile home park in the Jacksonville area. He related that security and appearance of the mobile home park depends on the park manager, mentioning concerns for change of conditions and surrounding property values. He pointed out that the Planning Commission had denied an R-2 zoning for the Dale Street area because of density concerns and was developed as R-0, adding that the same should happen to the proposed property for rezoning. He related that as an R-0 area it would develop slowly with less density. He then stated concerns regarding flooding and a mobile home development. In response to a question from Mr. Herbold, City Engineer Reel answered that his primary concern for the development is the effect it would carry for the area sewage collection system, adding that high density development would have a definite impact on the development of the single family areas. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. Mr. Herbold read a letter of opposition from Mr. Dick Jones of which he furnished a copy to the Commission. The letter further stated concerns regarding density and the current sewer system. In closing Mr. Herbold stated that R-0 is the best development for the area considering all factors that minimizes the negative effects to the City. Mr. Emmerson Smith an area property owner stated he would have signed the petition if offered and would like to speak against the rezoning of the property. He related that the sewer system desperately needs attention calling it “an unhealthy situation.” He related that on New Years Eve the main sewer line overflowed on his property and that the residue is still present. He stated that the sewer system has become a problem even when it is not raining and that another major concern from the development is flooding. He related that he cleans debris from a nearby creek to keep his property from flooding. He also pointed out the newly developed commercial property and concerns for the run-off water from that development to Evans Drive and through his property. He stated that he is fearful of a very serious accident on the access road, adding that the only access to the proposed property is through Evans Drive, which will increase the traffic significantly. He stated that he did not think Evans Drive was constructed with consideration of a high-density development. He also stated concerns regarding discarded trash relating to density on Evans Drive, pointing out that on New Years Day he picked up seven alcohol containers. He asked that the City consider the debris situation on Evans Drive. He concluded by saying that he did not feel the rezoning was in the best interest of the City. Chairman Gray closed the public hearing at approximately 7:33 p.m. for discussion among the Commission. City Engineer Reel responded that additional improvements would be necessary to add fire protection mentioning increased supply lines into the area to accommodate additional development of the area. Mr. Peacock answered a question from Commissioner Piggee in saying that he was not aware of the number of units proposed, but reminded the Commission that the development is a mobile home subdivision not a mobile home park. He said that lots would be purchased and conform to all City codes. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. Chairman Gray related in response to the earlier question from Commissioner Piggee that an R-4 zoning would allow for eight units per acre, adding that as an R-4 subdivision it would be subject to the same criteria as any other subdivision, mentioning streets, sidewalks and other utility circumstances. He stated that mobile home lots could be 60’ by 100’ that relates to requirements in an R-1 zone regarding density. Discussion ensued and City Attorney Bamburg related that the property could be rezoned to R-4 conditioned on use as subdivision based on request by the petitioner. City Engineer Reel related that the Wastewater Utility expressed adequate sewer concerns regarding the last phase of Jackson Terrace. He further related that he has concerns regarding the further development of property in the area above what is already proposed. In further discussion, City Engineer Reel related that Mr. Dick Jones participated in the construction of the sewer line across the freeway to the current housing development because of sewer concerns in the area. He responded to a question from Chairman Gray in saying that there are sewer concerns for any future development regarding application for sewer extensions. Chairman Gray mentioned multi-million dollar sewer improvements and asked for the status of the area for Commission awareness. Sewer Commissioner Tommy Bond stated that he is a little surprised at the concern raised over the sewer in that area. He stated that the Sewer Commissioner spent two or three hundred thousand dollars replacing the line on the west side of Hwy 67, the pump station at Northeastern and built a new force main around existing bottle necks in the system less than ten years ago. He then related that the Sewer Commission is in the process of spending twelve million on sewer plant and line rehabilitation, adding that part of those repairs are scheduled for the older portion of the Jackson Terrace Subdivision. He related portions of the subdivision that were slip-lined in the late 80’s were not done well and is scheduled for additional work. Chairman Gray questioned if Mr. Bond was aware of sewer concerns before comments made during the earlier public hearing. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. Mr. Bond responded that during the previous development he was aware of concerns regarding the old line located north of and parallel to Quince Hill Road because of slip lining that was not performed very well. When asked of the time-frame regarding improvements, Mr. Bond responded that he was unaware of any serious problem prior to concerns just mentioned, but stated he would make inquiry regarding the situation. He related that there are currently five areas throughout the City of Jacksonville to eliminate manhole overflow, adding that he has made note of the manhole that overflowed on Mr. Smith’s property. He related that manhole overflows must be reported to EPA along with a plan to eliminate said overflow. He stated that to his knowledge there are some minor problems in the area that have been targeted for repair, adding that flow test will be conducted regarding new interceptor lines and the need for larger lines in certain areas. He stated that he thought after the backup problem at Swiss Village Apartments was identified, there were no other major problems. Mr. Herbold related that in contact with the Wastewater Utility he was told that the last study conducted in 1992 stated that the northeast pump station was operating at capacity then. He pointed out that development has been added since that time and the area is experiencing overflows. Commissioner Hardwick moved, seconded by Commissioner Nabors to deny the request to rezone property located at 1001 Quince Hill. MOTION CARRIED. Conditional Use of Residential Property in a C-2 zone located at 120 South Bailey. Chairman Gray opened the public hearing at approximately 7:50 p.m. Ms. Emma Knight representative for petitioner Mike Abdin related that Mr. Abdin is currently out of the country but has asked that the Commission be made aware that his request for a conditional use of the property comes because his nephew attending college in the area is using the property. She then related that he would like to further use the property as a close by residence from his business where he can rest during the day when he suffers leg pains. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. In opposition Mr. Gene Adams spoke to the Commission saying that his law firm at 501 West Main was purchased in 1987 and that when he purchased the property the surrounding property was already zoned. He stated that he has become aware of people occupying the structure behind his office and he has noticed changes. He related that he has seen beer cans and bottles when he was having his hair cut at the adjoining structure. He stated that he has concern for the consistent use of the property. He then related that a phone booth was installed recently on the corner, which he feels could not have been installed in a residential area. He further related concern for the group of clientele that the corner phone booth attracts at 11:00 p.m. He asked that the request be denied because all Main Street businesses have a buffer from the residential. Ms. Roberta Bonham owner of Salon 122 located at 122 South Bailey explained that her business is one side of the duplex building being considered for variance. She stated that it is her understanding that Mr. Abdin intends to use that part of the duplex addressed as 120 South Bailey as a residence under a conditional use. She pointed out that her lease is still in effect and that if the property is allowed to be used as a residence several factors will come into play. She stated that the most important of which to her personally is that a variance will create undue hardship on both the physical aspect of the property she leases for business and her ability to conduct that business in a manner commensurate with normal business activity. She pointed out that Mr. Abdin has used the property as a residence since September 1999, and that in the last ninety days those residents (as many as eleven) have shown that they have no regard for the aesthetics of the outside business areas or for the peace, public safety and morals of the area. She related personal hardship and duress as a direct result of persons occupying the adjoining structure to her business location. She stated that she has been in business for four and one-half years and has paid to have the outside of the property cleaned in a building that she described as “otherwise falling down to begin with” at her own expense. She related the discarding of beer cans and bottles in front of her business as well as dirty boots with dog feces and fast foot litter on the adjoining front porch. She then described the noise level of music played as that which “rattled” the windows. She spoke of the personal appearance of the residents as being that of no shirt with shaved heads, gang tattoos who scream obscene language in front of the business “in broad day-light.” CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. She related that her salon business has clientele of elderly, children, men and women who expect to be safe and experience an atmosphere conducive to the salon business. She stated that she does not feel that the present conduct should be seen in the front of a business, adding that unfortunately the front door of the adjoining duplex is located directly in front of the window to her business. She stated that the residents have taken full advantage of this situation and said that if the Commission passes the variance it would be condemning her business to a “living hell” for the remainder of her lease. She said that she respectfully request that the Commission take all factors into consideration. She pointed out in a diagram provided to the Commission that there is no other residence or multi-family dwelling in the area zoned C-2. She stated that the request would sandwich a residence in the business area, which will spread havoc not only to her business but also to Main Street businesses. Chairman Gray closed the public hearing at approximately 8:02 p.m. Commissioner Nabors moved, seconded by Commissioner Corroum to deny the conditional use request for property addressed as 120 South Bailey. MOTION CARRIED. Rezoning 1412 Stanphill Road from R-3 to R-4 Chairman Gray opened the public hearing at approximately 8:04 p.m. Petitioner Stephanie Thomas apologies for her absence in representing the item of business at the previous Planning Commission meeting and then related that she would like to rezone her property to accommodate a mobile home. She related that the home where she currently resides needs to be torn down. Commissioner Piggee thanked Mrs. Thomas for her presence, stating that he had concerns for her previous absence. At the request of Chairman Gray, Mr. Leroy Akridge related that he is in support of the request because of the need for Ms. Thomas to replace the current residence. He related efforts by Ms. Thomas to purchase a mobile home for the property. Chairman Gray closed the public hearing at approximately 8:07 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. In response to a question posed by Chairman Gray, Ms. Thomas related that she was unsure of the length of time it would take to locate a mobile home and have the existing home moved away. City Engineer Reel related that the lot is 85 X 160, adding that the mobile home would need to be moved in before the home could be torn down. He then stated that he would expect the home to be removed in a reasonable amount of time after moving into the mobile home. He suggested a period of sixty to ninety days. Commissioner Piggee moved, seconded by Commissioner Wilborn to approve the rezoning stipulating that the existing home is removed in a reasonable time frame to be determined by the City Engineer. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Nabors moved, seconded by Commissioner Hardwick that the minutes of the 13 December 1999 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. REQUEST TO APPROVE PLATS: Sketch and Preliminary Plat – Domicile Senior Residence Center Mr. Tommy Bond representing petitioner/owner Randy Pryor related that the Commission had previously requested that access to additional property be provided. Chairman Gray related that the six acres is located at the dead end of Martin Street and is out of a 42-acre tract. He stated that he feels Martin Street was intended to be a major collector street for further development of the remaining acreage. He related that the remaining acreage has limitations because it is in the flood plain with current zoning for multi-family. He related that the acreage could provide for the potential development of 22 units per acre (up to 400 units) and he would prefer that Martin Street carry straight through instead of turning north. He stated that he personally feels it would be a better development of the area if moved directly north of the proposed straight Martin Street or straight south such that the property boundary itself would have an extension of Martin Street as its entrance. He asked Mr. Pryor, owner of the six acres, if he and Mr. Peacock could work a trade of CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. property and move the six acres to one or the other side of the proposed extension of Martin Street. He stated that in the grand scheme Martin Street was designed to run straight. Mr. Bond related that Martin Street can only go a limited distance further east before running into the railroad about 1,000 feet out, adding that the property is about 700 feet. Chairman Gray pointed out that there is room for a few smaller culdesacs to be developed. Mr. Bond related that collector status for Martin Street starts in Stonewall but is not a collector street going east because it is not going to cross the railroad track and it is not going to go north because of Pinion Lane and Pathfinders. He then related two restriction factors are Jim Green’s development and the major drain running northwest/southeast. He said that the limitations on Martin Street are significant and pointed out that there is another street provided to the area from the south (a culdesac street). He related that this particular piece of property straddles the top of a small hill and is the nicest parcel of the entire area as far as physical features. He related that there is property to the north and Jim Green owns the south side of the property with a one-acre tract owned by the former owner. Chairman Gray asked if it would be an improbable or impossible task to consider relocating a little more to the north or south of the proposed straight Martin Street. Mr. Pryor said that he was not sure because the land is already financed and purchased. Mr. Bond related that the State Health Department and local departments necessary have reviewed the development, saying that the current plan before the Commission with the exception of providing easements for the water line construction has been approved. He related that in meetings with the City Engineer he believed that a viable plan was achieved which provided access to the properties to the north and south. He related that the street shown is the street requested by the City Engineer. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. Discussion ensued as to the left turn of the street and Mr. Bond related that the concept of this retirement community is that they do not want through traffic in the development. He said that there would be 80 rental residences for retired people and is planned to be a nice facility for people who no longer want the care of a yard or exterior property. He said he feels it is a welcome addition to the City and is zoned properly for this type development. In response to a question from Commissioner Hardwick, it was noted that the Fire Department has reviewed plans and it meets their requirements for equipment and trucks. Mr. Bond related that there are two fire hydrants planned to serve the area. City Engineer Reel stated that he does not have any concerns regarding the development and said that he has met with Mr. Bond regarding drainage detention. He said that drainage is designed to be an underground detention so as not to impact drainage down stream any more than it is at present. He pointed out a power line that runs the length of the eastern boundary of Stonewall, saying that it would be part of the street right-of-way. He said he believes it will fit with proper clearance. City Engineer Reel said that one of the questions of the property owners association was the need to bring in dirt for fill and that in discussion with Mr. Bond it was indicated that the dirt is going to be on site, adding that only a few loads of select material may have to be brought in. Mr. Bond explained that the entire site is out of the flood plain, adding that the north and east side outside the property is the flood plain. He then stated that one of the specific requirements was that none of the property be in the flood plain. Discussion ensued and it was noted that there would not be any extension of gas lines going into the area because the complex is all-electric. Stonewall resident Mr. Olsen questioned how the construction phase will affect Stonewall and related concerns regarding traffic going in and out. He proposed to City Engineer Reel that Stonewall and Martin Street be a four-way stop to slow traffic on Martin Street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. City Engineer Reel agreed that before occupation of the complex and after construction starts conditions for a four-way stop would be evaluated. Mr. Olsen said that speed problems already exist on Martin Street. Discussion ensued and Mr. Bond related that the water line already extends to the property so there would not be a need to dig across the street. He then related that the sewer comes across the main drain from the northeast so there will be no connections from existing lines in the Stonewall subdivision. Mr. Olsen questioned the amount of buffer at the left turn of the street and suggested that City Engineer Reel propose trying to leave a nine feet buffer of woods. Mr. Bond related that there was discussion to construct that street on the east side of the right-of-way so as to leave as much natural barrier behind the existing housing as what exists now. Mr. Olsen stated that he believed there is a 24 thousand-volt power line running through the property, which is the main service line. He asked if it would need to be moved or raised because it is right at the end. Mr. Bond related that he did not believe there would be any changes to the power line. Mr. Olsen stated that his last concern is that someday apartments could be built there and it will create a bottleneck. He stated that in looking at the area, Martin Street is a thirty foot street which is nothing but an access road now and Edinburgh is basically a culdesac road which was never made into a culdesac as access to service the rest of that property. He stated for the record that he did not think that is adequate to develop that area intensively. Commissioner Wilborn questioned how close the property is to Nottingham Cove. Mr. Bond answered that Nottingham Cove is at the corner of the property as shown, adding that Edinburg will provide access in the future. Chairman Gray asked if moved two hundred feet south or put on the projected complete straighten extension of East Martin would the property still be out of the flood plain. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. Mr. Bond responded that it would, however, he added that this is the highest part of the property. Chairman Gray related that while item six on the agenda is the building permit, he believes item seven the plat is actually what the Commission is looking at. He said that the sketch plat of the development is actually what the Commission needs to be looking at versus the terminology of building permit. He related that the Commission has actually been considering the sketch and preliminary plat, adding that the building permit can be addressed secondly. It was agreed to discuss the physical attributes before discussing the building permit. Mr. Bond related that the actual plat would only address streets and easements for water and sewer facilities because there would not be lots as you would normally think of. He clarified that it will just be the street that is proposed to the north plus the easements for water and sewer lines. Chairman Gary stated that predominately the Commission is considering the street easement, property access and general questions regarding improvements for utilities. Mr. Bond related that it is the owners intention for it to be a private development area with access control as with any apartment complex. Chairman Gray stated that the Commission interest is related to the improvement plans as proposed for streets and easements for utilities. Discussion ensued and Mr. Bond related that the development meets with Municipal Code requirements regarding setback easements. Other discussion ensued regarding location of development in proximity to Nottingham Cove. In reply to a question posed by Commissioner Wilborn, Mr. Pryor stated that it has not yet been determined if the property manager would live on or off site. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. Chairman Gray pointed out that the Commission interest at this point is if it is a good development plan and if there is proper access and consideration for utilities. Commissioner Hardwick moved, seconded by Commissioner Piggee to approve the sketch and preliminary plat as presented. Mr. Olsen interjected concerns regarding the electrical aspect to which Chairman Gray advised he address through the City Engineer. Mr. Bond related as a matter of note that utilities inside the site will be underground. It was then noted that the extension of Martin Street would be City right-of-way. At this time, MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: 800 East Martin Street – Domicile Senior Residence Center Chairman Gray related that the same plat considered for the sketch and preliminary will represent information regarding the building permit request and internal development scheme. In response to a comment from Commissioner Nabors, Mr. Bond concurred that the number of handicap parking spaces will be increased. It was also noted that Fire Department access to the development has been approved. Mr. Bond related that parking would be designed to provide 1.5 parking spaces per unit. Commissioner Nabors moved, seconded by Commissioner Wilborn to approve the building permit stipulating provision of additional parking to meet the minimum requirement of 1.5 parking spaces per unit. MOTION CARRIED. REQUEST/STREET OR ALLEY CLOSING: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2000 7:00 P.M. - 8:45 P.M. GENERAL: Jacksonville Planning Commission Annual Report Chairman Gray noted that copies of the Annual Report have been provided for review and would be considered at the next regularly scheduled Planning Commission meeting. ANNOUNCEMENTS: ADJOURNMENT: Vice Chairman Gray without objection adjourned the meeting at approximately 8.45 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary CITY CLERK-TREASURER