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01 MAR 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: William Corroum, Chad Young, Bobby Lester, Glen Keaton, Lester Piggee, Mark Perry, Dean Wilborn, and John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT nine (9), ABSENT (0). Others present for the meeting were City Engineer Whisker, Patriot Reporter Peggy Koury, Leader Newspaper Reporter Rick Kron, petitioners, and interested citizens. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Wilborn moved, seconded by Commissioner Piggee that the minutes of the 12 February 2001 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): Rezoning of 900 Madden Road from R-1 and C-1 to R-3. Chairman Brannen opened the public hearing at approximately 7:00 p.m. Attorney David Henry representing Mr. Brad Medlock, presented photographs of the property. He then pointed out that the property shape of 133 X 780 feet is narrow and that the front 300 feet is zoned R-1 while the remainder is zoned C-1. He related that the proposal is for eight four-plexes consisting of 32 units with an internal private drive. He related that the property fronting Madden Road has an older single-family house that is vacant and in disrepair. He presented photographs of the elevation of the proposed units and photographs of like units built in Sherwood on a sloped lot. He related that the units proposed for Madden Road would not have a porch or wooden walk-up because they would be flat to the ground. He then pointed out that the picture shows the units located in a quality single-family district. He stated that the Madden Road site is an area that already contains mixed uses, pointing out the existence of an older mobile home park, high school, and apartments. He related that because of the unusual property configuration, his client feels the rezoning of R-3 would be a good use of the property. In response to a question from Commissioner Wilborn, Mr. Henry related that the entrance is proposed off Madden Road, which could well accommodate 32 units with two vehicle trips per day during the normal course of a day. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. Commissioner Piggee questioned the Sherwood residents’ attitude regarding the apartments in their neighborhood. Mr. Henry responded that he was unaware, but added that he does know it is a very viable single-family area and that the property has maintained high values that are easily and readily marketable. He commented on the aesthetic appearance of the property, which he stated appears to be compatible in the neighborhood. Commissioner Piggee then questioned the developer’s plan to maintain the apartments. Mr. Henry related that Mr. Medlock plans for a very nice, top- end development of 1240 square foot units with 2 ½ baths each, adding that with the rental base hoped for, these units would require a good prolonged maintenance plan. He then stated that he is sure Mr. Medlock would commit to any reasonable requirement with regard to a sprinkler system, landscaping and maintenance of the grounds. Chairman Brannen invited opposition to speak and pointed out that the Commission had received four pages of neighborhood signatures opposing the rezoning request in their packets. Mr. Joe Hayden an area resident presented the Commission with an additional four pages of signatures and related that the residents of the Madden Road area would like to thank the Commission for the opportunity to be heard. He stated that the area is mostly made up of long-time residents, some since 1955. He then stated that the opposition is not opposing progress, but is here to see that progress benefits and aids, but does not abuse the privacy of long-time residents. He related that within a ¼ mile radius there are only three duplexes, one four- plex and the Linda Lane apartments, adding that he is using the ¼ mile radius because Mr. Medlock had stated that there are 50% rentals in a ¼ mile radius, which is not so. He related that the area is not dominated by rentals and the residents do not want it to be. He stated that there are other areas in Jacksonville already zoned R-3 that could be used for this type of project. He related that he had suggested to Mr. Medlock that he look at some of the other places, adding that Mr. Medlock insisted that they would not work. He related that he would like to know why Mr. Medlock feels other locations would not work. He pointed out that two locations suggested are only a mile from 900 Madden, which would only be ½ mile further from the LRAFB, which is what Mr. Medlock targets for his rentals. He 2 stated that only Airforce CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. rank of E-3 and above would qualify for the rentals, adding that a low income situation is not wanted in the area even though Mr. Medlock had said it would be upscale apartments. He stated that while Mr. Medlock is adamant that the apartments be located at 900 Madden, there are several reasons that the neighborhood does not want the apartments; 1) Privacy, the residents that live on the east side of Linda Lane will have no privacy and experience a loss of property value. 2) Transient Residents, most of these renters will move after one-year, which means approximately 3 moves every month. 3) Trash, highly dense populated areas produce a lot of trash and trashy residences, which happens at every apartment complex. He said renters are less concerned about property appearance, adding that there is no on-site manager proposed for the complex. 4) Madden Road Traffic, Madden Road is a very busy road already. He related that he had calculated that 64 vehicles, two per family, could produce a possible 200 total daily trips. He then stated that the development would be approximately ten feet from the Smith’s bedroom window. He pointed out that there is a high school at the west end of Madden Road and Pinewood Elementary is just around the corner at the east end. He pointed out that there is a higher than normal pedestrian traffic in the area with no th sidewalks, and that in 2002 approximately 300 9 graders will be added at the high school. He stated that Madden Road bottlenecks below the high school about ½ block west of 900 Madden, turning from a four-lane into a two-lane. 5) Drainage, Madden Road floods with every good rainfall from 900 to 1100 Madden, stating that water stands 3 to 4 inches. He related that drainage is a problem that already exists in the area. He then related that if the apartments are allowed to be constructed they will cover 83,303 square feet of non-absorbing surfaces, which means that for every inch of rainfall there will be 51,929 gallons turned off the property to run across the Smith‘s, Leggett’s, and Bostic’s property going further down onto the Boyd’s property. He stated that this is the natural direction of the drain, adding that it is unnatural to catch approximately 52 thousand gallons of water with non-absorbing surfaces and turn it on your neighbor. He then questioned where the children from the apartments would play, pointing out that each apartment will have a 20 by 25 foot backyard and that the front will be nearly all street. He related that Mr. Medlock had stated that the children would play across the street at the high school. He then asked Commissioner Lester if he thought the principal is going to allow these children to come on campus and play, adding that he did not believe so. He pointed out that Mr. Medlock will not be there to control any of these matters, adding in his 3 opinion Mr. Medlock will make a profit and will leave our community with that profit. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. He then stated that the headaches that come with the complex will be left behind. He presented photographs of the apartments on Club Road and stated that he had an opportunity to talk with some of the residents, who related to him that they do not like the apartments and that there are several vacant homes in the area. He then questioned if those homes became vacant because of the apartments being built. He pointed out by photograph the proximity of the apartments to one of the homes which is vacant. He then stated that the three residents he talked with did not want their names mentioned, but expressed that there has been more trash and noise, so the residents demanded a privacy fence be built between the complex and Club Road. He related that all of the complex property on Club Road was zoned R-3 for 15-years prior to being developed, adding that as far as property resale value, he had learned that there was a home in the $225,000 range that had been on the market for a year. Mr. Henry stated that the Madden Road property is already zoned to permit a single-family structure on the front and a C-1 development on the remaining 475 feet, saying that if developed as zoned it would produce enough impervious surfaces to give the same water run-off and perhaps more than what is proposed. He pointed out that the lot coverage for the proposed development is very liberal; adding that his understanding of the ordinance requires no more than 50% coverage and the development is less than a third. He summarized that the overall development is a positive instead of a negative. He stated that when the word apartments is mentioned, it immediately raises tremendous fear in many people particularly those of a single-family residential area. He acknowledged that some people do not want to live next to apartments, but added that you cannot determine who will live next door. He then stated that what can be determined are good sound land use decisions. He then stated that given the existing terms of the current zoning, the development is a benefit to the neighborhood, not a negative. He stated that he and his client would appreciate the Planning Commission’s consideration. Mr. Charlie Middleton of 1003 T.P. White Drive stated that the property was previously discussed when being rezoned for A&D Glass on the southwest side. He related that at that time Chairman Gray addressed issues of a buffer zone south and west of the property. He stated that he strongly opposes any rezoning of the property, citing the experience of his mother 4 who lived on Vine Street and had property behind her home rezoned for an apartment complex project on Poplar Street. He related that there was noise, trash, used condoms, baby diapers, whisky bottles, and beer cans thrown over the fence onto her property. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. Chairman Brannen closed the public hearing at approximately 7:30 p.m. Commissioner Piggee questioned if the area residents had an opportunity to view photographs of the proposed construction and Mr. Hayden answered that some of them did and it did not affect their opinion, saying that the pictures do not show anything about who is going to live there. Commissioner Wilborn stated that he had observed the traffic situation from the driveway of a vacant home and commented that he was unable to believe that the area could handle any increase in traffic without improvements to Madden Road, adding that there are no sidewalks and he had observed kids walking down the edge of the road. He stated that he was unaware of flooding issues until now. Chairman Brannen stated that he had also observed traffic on Saturday morning and then questioned the Fire Department’s findings of the layout and internal drive. City Engineer Whisker stated that the Fire Department has reviewed the plans and proposed a fire hydrant on the south side of Madden road to be used directly with the complex, adding that they are confident that the pumper truck could get the hose to the back side of the proposed complex if constructed all the way to the north property line. Mr. Henry related that Mr. Medlock in working with the Fire Department has agreed, as an additional assurance, to provide an L-shaped turn around at the rear of the complex to accommodate the pumper truck. Commissioner Hardwick pointed out the rezoning for A&D Glass took place in 1996 before he was appointed to the Commission, but given the data history provided in the packet, he realized that the property owner by selling the western end of the property has basically isolated the property zoned C-1 and he believes it is impractical to think that the property will be developed as C-1, and further that it is impractical to think that it is going to be requested to be rezoned to R-1 for residential development given the small narrow shape of land. 5 He stated that he believes the Planning Commission needs to consider the rights of the property owner. He related that he has visited with several of the petitioners and understands their concerns regarding apartments in the area, but added that typically a multi-family development is considered a buffer between commercial and CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. residential. He concurred that a C-1 development regarding the portion of property zoned C-1 would have the same drainage effect, and traffic concerns. He suggested the possibility of a compromise, before concluding that the development does not appear to work. He related the need for the Planning Commission to consider what does work in the development plans of our City and the best use of the property. He then pointed out that according to the data history provided, a request was made in 1995 to rezone the property from C-1 to C-3 and that in his study of the opposing petition he received, he noticed that one of the current opposing petitioners was in favor of the property being rezoned from C-1 to C-3, but now favors it staying C-1 and R-1. He related the need for some reasonable compromise regarding the property with its unique shape, and the fact that the previous owner sold the west end which would have provided a good access from T.P. White for a commercial development. In response to a question posed by Commissioner Corroum regarding other sites proposed to Mr. Medlock, Mr. Henry stated that he was unaware of that discussion or what considerations were involved in Mr. Medlock’s search for a site. He then stated that this site is for sale and under contract and deserves some sort of development, adding that he and Mr. Medlock believe this is a reasonable development. He stated that he was unaware of the analysis of other sites, regarding price factors and locations, but stated that Mr. Medlock has made an offer on the current site and would like to develop it. Mr. Medlock stated that he had already become involved with the current site when other sites were mentioned to him, adding that he and Mr. Hayden did not discuss the specific locations. Mr. Henry stated that from the standpoint of the proposed development this is a good site, adding that it is not a very good site for many things; nevertheless, it is felt that this development would fit very comfortably on the site. Commissioner Corroum stated he also viewed traffic patterns on Madden Road and noted not only the volume but also the risk at which pedestrians incur when walking on Madden Road particularly 6 at dusk. He related that he had discussed with City Engineer Whisker the time frame regarding planned sidewalks for the area. He stated that City Engineer Whisker indicated that it is certainly to be considered but is an extreme expense because of the drainage situation. He went on to say that development may be something in the future to consider and be able to justify necessary box drains and sidewalks making this proposition more attractive than it is CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. at this point. He related that as long as Madden Road does not have shoulders or a sideline, this may not be the time to further congest traffic there. Commissioner Wilborn moved, seconded by Commissioner Corroum to deny the request to rezone property located at 900 Madden Road from R-1 to R-3 and to deny the adjoining property behind 900 Madden Road from C-1 to R-3. ROLL CALL: Commissioners Corroum, Lester, Perry, Wilborn voted AYE. Commissioners Young, Keaton, Piggee, Hardwick voted NAY. Chairman Brannen voted AYE to break the tie vote and MOTION CARRIED. BUILDING PERMIT(S): REQUEST TO APPROVE PLAT: SKETCH PLAT 67/167 Commercial Addition Mr. Barry Williams representative for the developer of Doyle Rogers Company related the proposed subdivision consists of three lots and that the owners are proposing to construct 30,000 square feet of retail space on Lot 1 of the subdivision. He related that lot 2 is the location of the current gas station at the northern end of the property. He related that the gas station will be torn down and redeveloped. He stated that the property originally had two entrances but only one is currently being proposed. He stated that the future developers of lot 2 would receive their own entrance approval. Discussion ensued and several Commissioners stated concerns for the placement of the proposed entrance. Mr. Williams pointed out that the original drive is located south adjacent to the property line and that the proposed drive would be 40 feet wide positioned between lots 2 and 3, north of the original drive. It was suggested because of the location of the proposed entrance and the John Harden traffic flow exiting to the freeway that the entrance drive be moved south to the existing drive approximately 20 feet. It was noted that Mr. Williams would have to obtain approval from the State Highway Department regarding a curb cut on John Harden Drive. 7 Mr. Williams stated that he has been in contact with Mr. Ricky Prince of the Highway Department regarding their application for curb cut approval. Commissioner Corroum mentioned the possibility of installing a light system at the entrance similar to the one installed by Wal-Mart, adding that both lights could be programmed to work in conjunction. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. It was also suggested that exiting traffic could be directed one way with a right turn only. Mr. Williams related that currently there are no plans for a stop light, adding that he was not sure but believes that the signal lights would be too close together, saying that he felt the approximate distance between the two would be in the neighborhood of 200 feet. He added that he was not sure the Highway Department would approve a second light system that close in proximity. Discussion ensued regarding drainage and the floodway. Mr. Williams related that the Federal Government has stated that none of the property is considered wetlands and that a floodway design study had been prepared by Mr. Bernie Alt regarding an easement to carry water to the rention pond. He then stated that the design would be an arched structure to accommodate the flows. In response to a question from Commissioner Hardwick, Mr. Williams pointed out the proposed side entrance to the property from the adjoining Wal-Mart parking lot regarding traffic flow on and off the site. He stated that Wal-Mart is in agreement with the proposal to allow a developed drive between parking lots. Mr. Bart Gray related that he was unsure but felt that at the time of the Wal-Mart development it was discussed that the proposed access would not be developed as such. Data will be forthcoming from the City Clerk’s office regarding development discussions of the Wal-Mart Supercenter. Commissioner Lester moved, seconded by Commissioner Wilborn to approve the Sketch Plat of the 67/167 Commercial Addition stipulating that the entrance be moved 20 feet to the south to the location of the original existing curb cut. MOTION CARRIED. 8 b. SKETCH PLAT Western Hills Subdivision on West Main Street Mr. Paul Payne of Bond Engineering stated that the subdivision is proposed for location on West Main and would consist of 62 residential lots. In response to a question from Chairman Brannen, Mr. Payne related that the preliminary and final plat would carry the F designation for any lots that remain in the flood plain. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. Commissioner Piggee moved, seconded by Commissioner Keaton to approve the Sketch Plat of Western Hills Subdivision as presented. MOTION CARRIED. GENERAL: Discussion: PZD (Planned Zoning Development) Commissioner Young related that he had presented PZD criteria which could be helpful in establishing a neighborhood consistency ordinance that requires new development to match the scale, landscaping, and style of existing area development. He noted that the City of Little Rock uses much of the same criteria in their use of a PUD (Planned Urban Development) Ordinance regarding residential areas. He stated that mutually agreed upon ordinances could be established regarding sensitive projects. It was the consensus of the Planning Commission to review the Ordinance currently used by Little Rock at the regularly scheduled meeting in April to be provided curtsey of Commissioner Young. In response to a question from Chairman Brannen, City Engineer Whisker stated that he thought it would be good and supported a PZD (Planned Zoning Development). DEVIATION IN AGENDA: Lot split/First Electric Cooperative Commissioner Perry moved, seconded by Commissioner Wilborn to suspend the rules and place the lot spit of First Electric on the agenda. MOTION CARRIED. City Engineer Whisker presented a replat regarding property in Northlake Subdivision owned by First Electric Cooperative, stating that page 241 of the Jacksonville Municipal Codebook offers the City Engineer if empowered the authority to approve lot splits and replats without appearing before the Planning Commission. 9 It was the general consensus of the Planning Commission that City Engineer Whisker, acting as an agent of the Jacksonville Planning Commission, have authority to approve lot splits and replats. b. Flood Variance for City of Jacksonville in Dupree Park Commissioner Hardwick moved, seconded by Commissioner Piggee to suspend the rules and place the request of a flood variance on the agenda. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. City Engineer Whisker related that the City of Jacksonville would like to construct a bathroom in the floodplain of Dupree Park near the Festival Pavilion and that without a variance the bathroom height would have to be seven feet above existing elevation. He related that this creates a hardship and lends itself to the variance process, adding that the bathroom will be tied directly into an underground sewer line with a shut-off valve. Commissioner Hardwick moved, seconded by Commissioner Wilborn to grant the variance for a bathroom in the floodplain of Dupree Park. MOTION CARRIED. c. Mixed use for Commercial and Residential City Engineer Whisker explained that presently the mixed use of residential is only permitted for R-2 and R-3 regarding a commercial area. He requested that consideration be given to permitting R-1 mixed in commercial areas on a conditional basis. Discussion ensued regarding the overlay district, City Attorney Bamburg determined that it had been discussed without formal action. He then related that adding Residential R-1 as a conditional use to the Commercial C-2 zoning could shortly address concerns for residential mixed with a commercial zone. It was noted in discussion that the intent of the Planning Commission in prior meetings regarding zoning considerations and future planning was to establish a conditional mixed use which included single-family particularly regarding discussion of the downtown area. City Attorney Bamburg related he would draft an Ordinance for single-family mixed use. 10 d. Madden Road and Linda Lane sidewalk consideration Observation by Commissioners regarding the item of business for 900 Madden Road prompted the following motion. Commissioner Corroum moved, seconded by Commissioner Wilborn to propose a directive from the Planning Commission to City Engineer Whisker, stating that pedestrian traffic in the Madden Road area is a present hazard and requires early attention regarding the Master Sidewalk Plan as adopted by the City of Jacksonville. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2001 7:00 P.M. – 8:21 P.M. ADJOURNMENT: Commissioner Piggee moved, seconded by Commissioner Perry to adjourn the meeting at approximately 8:21 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary 11