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01 MAY 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 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: Chad Young, Glen Keaton, Mark Perry, Dean Wilborn, and John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT Five (5), ABSENT (3). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Thad Gray, Alderman Elliott, interested citizens, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Hardwick moved, seconded by Commissioner Perry that the minutes of the 9 April 2001 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE: R-3 in C-1 zone for property adjacent to 900 Madden Road Chairman Brannen announced that the item of business was scheduled for last month but was withdrawn by the petitioner. Attorney David Henry representing Mr. Brad Medlock, stated that the property directly in front of the C-1 property is zoned for single-family. He stated that the rezoning hearing was a close vote of 5 to 4. He related that Mr. Medlock had considered many recommendations, adding that he recommended Mr. Medlock to appeal and sue. He stated that Mr. Medlock is smart enough to know that the only one who makes any money when that happens is the attorney. He stated that Mr. Medlock considered objections expressed and made possible changes. He pointed out that the street shown on the original plat has been moved 25-feet to the west regarding the 300-foot frontage before it turns into the back 473-feet. He stated that the first three buildings on the original plat have been removed, leaving only five buildings and a total of 20 units, which is a 44% reduction in units. He stated that the design of the units is about 50% of what the lot coverage requirements are. He then stated that the property is landlocked from the Highway service road. He related he believes the contemplation of the C-1 property was that it would have access from the service road, adding that this is not now possible and that it is through no fault of either the landowner or the current applicant. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. He stated that Mr. Medlock is willing to build a privacy fence along the single-family properties to the west and part of the lot that straddles the 300-foot line. He then related plans by Mr. Medlock to construct a playground for the children of the occupants in the 20-units. He stated that he believes Mr. Medlock has done everything humanly possible to try and meet complaints by the neighbors and the concerns of the Commission. He stated that Mr. Medlock wants a good development, and wants to be a good citizen. He stated that Mr. Medlock is requesting the guidance and approval from the Commission, but will find another project if that is not possible. Saying that Mr. Medlock is not even going to consider appealing this to the City Council or anyone else. He stated that Mr. Medlock does not want to create problems, but solve them and provide high quality apartments for Jacksonville citizens in an area he believes can be blended comfortably. Chairman Brannen invited opposition to speak. Mrs. Geraldine New of 2413 Linda Lane reading from a prepared statement stated that their home is across the street from 900 Madden Road toward the High School. She wished the Commission and spectators a good evening, saying that she very much appreciated the opportunity to state her views as well as the views of many people who live on Linda Lane, Linda Cove, Madden Road and the many who must travel Madden Road. She stated that they are not against progress, pointing out that Webster defines progress as “steady improvement, movement toward a goal, to advance toward a more desirable position, to advance toward a more situation, a more desirable situation.” She stated that she is sure that all share in the goal of making progress in Jacksonville. She said just as a house is built one nail at a time, a city is built one neighborhood at a time, and the sum total of how we build our neighborhoods results in the kind of city we have. She then added that just as the best builders take great care in how each nail is driven, we must take care in how we build each neighborhood. Stating that once it is built, it is built. She asked that each Commissioner take a close look at the issues regarding the proposed change of use for the property 300-feet behind 900 Madden Road. She stated that it is her understanding that the traffic will come in from Madden Road, adding that she is aware that Madden Road traffic was discussed at the last meeting and does not intend to beat that to death, but the existing traffic on Madden Road is unbelievable. She related that they desperately need a four- lane street to handle the existing traffic, adding that if traffic is allowed to flow from the development to Madden Road 2 it will create a monster traffic CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. problem. She pointed out existing traffic problems at the intersection of Madden Road/T.P. White Drive and the entrance to Hwy 67/167. She related that fire equipment access needs to be considered and determination of the use of the R-1 portion of the property should be settled before other changes, saying that she can see a future request coming regarding the R-1. She related that the next issue is drainage. Pointing out that during any hard rain, flooding begins at the intersection of Linda Lane/Madden Road and continues down Madden Road. She stated that water drains down Madden Road, down Linda Lane and from Jacksonville High School overflowing the ditches onto the yards. She stated that the apartment complex including street and parking areas would cover many square yards of non-absorbing surfaces. Saying that she cannot imagine the magnitude of flooding that would occur if that many buildings are built. She stated that the third issue is privacy. She related that the residents on the east side of Linda Lane would have no privacy if two-story buildings are allowed. She related that Mr. Medlock had said he would build a privacy fence, but he did not say how high the fence would be. She stated that unless the privacy fence goes as high as two-stories it is not going to help that much. She stated that she would not care to have someone looking down from their bedroom window into her back yard, patio, and swimming pool or in her windows, adding that everyone can imagine what children might do from those windows. She stated that issue number four is the water pressure. She related that there is not much water pressure in the area; she questioned what would happen with that many more people taking showers doing laundry and washing their cars. She then stated that building a playground for the children does cover one of the problems, adding that if children have nothing to do then sometimes they will make something to do. She stated that issue number six is community pride. Saying that even with the proposed so called “upscale apartments”, residents live there a few weeks or months and then they are gone. She pointed out that people who know they are going to be there a short time are less likely to take pride in their neighborhood, adding that she does not need to explain those consequences. She stated that while most people who live in apartments are good folks, apartments near Jacksonville High School would be a wonderful place for those who profit from dealing drugs to students. She related that issue number seven is the property values. She related that when homeowners built or purchased their homes, 900 Madden Road was a residential dwelling with nothing on the horizon that would indicate even the remote possibility of an apartment complex in the area. She stated that if there had been 3 even a hint of an apartment complex they would have chosen a home somewhere else or paid much less. She related that future buyers would look at their CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. homes as undesirable at current values. She said that while there are other concerns, the reality of the situation is that a big apartment complex cannot be placed in the middle of a residential neighborhood without creating problems for the existing property owners. She pointed out that nearby homes will loose thousands of dollars in resale value, and that the inclusive value lost for all homes is so great that it is just beyond ability to calculate. She stated that she is not against a property owner turning a profit on his investment, but she is against turning a profit that creates a big loss for surrounding property owners. She stated that there are other alternatives for the property such as smaller one-family houses as opposed to the proposed two-story apartments to bridge the gap between existing homes and business on T.P. White Drive. She appealed to the Commission saying, “Gentleman, we have an emergency here, when we have a fire in our house we call the fire department to protect us. When we have an intruder in our house, we call the police to protect us. When we have a proposal that will intrude upon our neighborhood, we call upon you to protect us and our homes. We have an intruder and we need protection. You were appointed to this commission and serve our community as volunteers and we certainly commend you for that. We ask you to do the job of planning in the best interest of all of our property owners and vote for the right kind of progress for our neighborhood.” She stated that there is precedence for refusing the request, adding that approximately two-years ago the Foxwood community was up in arms about plans to put modular homes across the tracks from the development, it was defeated in the best interest of the Foxwood community. She then stated that the homes were across the railroad tracks not backed up to the yards of the residence as they are in this proposal. She then related that the Toneyville community was faced with the prospect of a trailer court in their area that was also defeated in the best interest to the residence. She stated, “Again we ask you to vote in the best interest of the Linda Lane and Madden Road residents.” She spoke to the Commissioners who voted against the apartment complex, saying, “Again we need your vote.” She related that it was defeated because it was wrong for the neighborhood, adding that it was wrong two-months ago and it is wrong today. She then related “to the Commissioners who voted to allow the two-story apartments two months ago, I would say that I know it is very difficult to say no to businessmen who might profit from this endeavor and who are possibly friends and your 4 neighbors.” She stated that studies have been made and spoken about regarding the difficulty of small town commissioners deciding issues that would profit either themselves, business associates, neighbors, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. friends and so forth. She asked the Planning Commission to please remember that building a better Jacksonville must come before profits and friends. “If you just can’t vote no then we request that you excuse yourself from voting.” She stated “Commissioners, it is not lost on me that three of your members are not here tonight, since this is such an important issue you may wish to consider tabling your vote until you have a full Commission present.” She stated that the request is from a gentleman that is not a Jacksonville resident and was pulled from the agenda last month perhaps due to expected absences on the Commission, adding that the Commission may want to consider what this vote will look like in the newspaper. She requested that all spectators that agree with the issues to quietly stand or raise your hand. She concluded saying “Commissioners we strongly ask you also to stand up for a better neighborhood in the Madden Road area, lets keep this neighborhood as it is, lets create a better Jacksonville. Thank you very much.” Mr. Henry stated that he would like to point out that the property has been zoned C-1 for many years, before some of the adjacent single-family residents actually constructed. He then stated that there are various permitted uses in C-1 that by platting a street from the C-1 property to Madden Road, which is permissible under the subdivision ordinance, could gain access for a C-1 development that would probably provide more impervious surfaces, more drainage problems, and more traffic. He stated that he does understand that people have fears of the unknown and that apartments are something that is unknown; adding that they will be quality apartments that will offer less blighting influences than some of the other uses that are permitted by right. He stated for instance, a funeral home, beauty and barbershops, coin-operated laundries, pharmacies, daycare facilities. He related that many of those uses are more inconsistent to a single-family neighborhood than what is proposed. He pointed out that the proposal is single-family occupancy, adding that Mr. Medlock will maintain his property. He stated that they are asking for the opportunity to provide a benefit to not only the City of Jacksonville, but also one that will be a buffer and a reasonable use to the adjacent single- family properties when you consider those that are already permitted by right. Mrs. Geradine New of 2413 Linda Lane readdressed the Commission 5 saying that she understands Mr. Henry’s point of view, but they are not afraid of the unknown and are familiar CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. with what happens to property values. She stated that given all concerns expressed, they still contend that the neighborhood does not need the apartment complex and would appreciate the Commission’s consideration. Chairman Brannen closed the public hearing at approximately 7:36 p.m. Commissioner Wilborn related that the item was denied two-months earlier and that one of the most important considerations was traffic. He related that he had spent 30 minutes parked at the proposed site to observe traffic, saying that it was terrible. He pointed out that the road is narrow and has no sidewalks with little drainage. He stated that it astonishes him to think of an apartment complex in the proposed location. Chairman Brannen recognized the request for the C-1 property, asking Mr. Henry if there is any thought to a future rezoning request for the R-1 property to R-2 or R-3 for more apartments. Mr. Henry replied, no sir. He then stated that the feeling was clear from the previous meeting that the R-1 frontage was R-1 and they can appreciate that. He reminded the Commission that the street was moved in such a way that the only thing that would be developable on that tract in the future would be single-family. He stated that given the street location it would be devoted to single-family occupancy on either side, which is the only thing the ordinance would fit in there. He stated that a lot of work went into reducing the units and trying to take advantage of the problems created by the C-1 zoning. He stated that he does not have knowledge of anyone else’s plans for the future, but Mr. Medlock is committed to this project if approved, otherwise, he will look for something else. In response to a question from Commissioner Young, Mr. Henry stated there has been a serious effort to obtain access off T.P. but it is unavailable without making the project totally economically unfeasible. He stated that the price of access is more than the price of the land. To address concerns expressed by Mrs. New, Commissioner Hardwick asked the City Engineer if there were any concerns regarding fire protection if developed. 6 City Engineer Whisker stated that the Fire Marshall has reviewed the plans and is requiring a fire hydrant at the entrance, adding that access with the equipment will come as part of the plat. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. Commissioner Hardwick stated regarding privacy issues of two- story construction that many single-family subdivisions have two-story homes and that the most recent commercial development on the corner of Madden and T.P. White is two-stories. He related he is not sure that makes a difference regarding the conditional use. He then asked Mr. Bond to address concerns regarding water pressure in the area. Mr. Bond stated that as a Sewer Commissioner he is not aware of any. Commissioner Hardwick then addressed the question to Water Commission Chairman, Mr. Thad Gray. Mr. Gray stated, none that he was aware of, adding that Mr. Bond lives in the neighborhood and should know. Mr. Bond reiterated that he is not aware of any. Mr. Gray added not that are no pressing concern to the Water Commission. Commissioner Hardwick addressed the issue of pride, saying that pride is obvious by the turnout, but pointed out that there is an existing apartment complex already in the neighborhood that has not been detrimental to the neighborhood. He stated that there is a single-wide mobile home on Linda Lane that has not been detrimental to the neighborhood, adding that he is unsure why 20 new apartment units would be considered detrimental. He stated that regarding property values, the property for proposed development is already zoned C-1 and that he is unaware of any studies that would indicate that developing multi-family would decrease property values more than commercial. Reiterating that the existing apartments have not made the neighborhood undesirable, which is the argument from opposition. He stated that if the property were being proposed from R-1 to multi- family that might be a different case. He stated that he felt the two concerns of traffic flow and water drainage need to be addressed. He asked City Engineer Whisker to address. City Engineer Whisker stated that he did not have actual numbers regarding traffic counts, adding that drainage and sidewalk issues are being addressed. He related that a survey of the 7 area has been started to begin the process of drainage and sidewalks simultaneously. He related the need for a cost estimate to proceed with the project. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. Commissioner Hardwick questioned if before a building permit is issued would it not be required that drainage plans be approved. City Engineer Whisker responded that they would have to submit a site plan and drainage would be a part of that issue. He stated that he believes the drainage flows northeast. Commissioner Young questioned if the developer would be responsible for water retention regarding increases. City Engineer Whisker related that he believes that is how the ordinance is written depending on size, adding that he believes a retention area would be required. Discussion ensued including members of the audience regarding the flow of drainage. Commissioner Hardwick addressed the issue of difficulty for Planning Commissioners in a small community to deny requests from businessmen. He clarified that in a recent meeting with Metroplan, ethics were discussed regarding when a Commissioner should recuse himself. He stated that he had considered that for tonight’s meeting but stated that the fact of the matter is that he is comfortable with the way he has voted in the last seven years. Saying that in fact, if you ask some of his customers most of his votes have been votes that have cost them additional money to do things that they would rather not have done. He added that he understands that there are concerns. He went on to say that he has talked to the petitioner and if it would make anyone feel better, if the motion were to pass he would ask Mr. Medlock not use the financial institution that he is associated with. He stated that regarding Commissioner’s service to the Board, interested parties should attend all meetings and not just on occasion to see how the Commission acts. Chairman Brannen stated that he stands behind Commissioner Hardwick’s statement 100%, saying that Commissioner Hardwick has done a fine job on the Commission. In response to a question from Chairman Brannen, City Engineer Whisker stated that the proposed street development has been moved 25-feet west, approximately 270’ from Linda Lane. It was 8 noted that the new location of the proposed street would not create more traffic than the original plan. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. In response to a question from Commissioner Perry, Mr. Medlock of 8208 Brighten Drive related that the house will be torn down. He added that he is not fully sure when, but assured the Commission that it will be before the project is completed. Commissioner Young questioned possible plans for landscaping along the drive, near the adjacent homes and the fence area that will back up to the homes on Linda Lane. Mr. Medlock indicated that he would like to plant Bradford Pear Trees every fifteen feet. He stated that Bradford Pear Trees grow very quickly and will provide a good screening. Mr. Harry Roderick addressed the Commission, saying that his home is adjacent next door to 900 Madden. He related that when he purchased his house he considered it an investment. He stated that he also looked at it as what he could do for the community, adding that he has been told by a lot of people that they did not even know it was there and if they did it must have been an eye sore. He related that when he purchased his house the landscaping was non-existent, and that he has put $20,000 into the house. He stated that being in the military, he has experience with apartment living and unfortunately, they do not have my morals and do not keep the property up because it is not their property. He stated that he would like to see the Commission table the request and at least come by his property. He stated that he is being transferred and was told by his realtor that he would loose about 20% of the value of his home. He stated that he is aware of a two-story house on Northeastern across from the apartments that went below appraised value after being on the market for a long time. He related that he has also been told that people who are looking at his property are waiting to see what this Commission does. He stated that he sees what apartments do to a community, there is no trust. He related that he knows his neighbors by first name and if they need something they come and borrow it, adding that unfortunately with apartment tenants they are here today and gone tomorrow. He stated that he realizes there should be progress in a community, but when he purchased his house they asked if the adjacent land could be rezoned, adding that he was told that there was no way that it would be rezoned. He stated that when he purchased his house he did the research and found out that the property was zoned R-1 and that it was owned by Mr. 9 West who owned the entire strip and he was the one that had the C-1 access so he felt comfortable. He stated that his question would be when the new owner purchased, did he research it to see if he could get access to R-1 prior to purchase. He related that when he makes mistakes, he lives up to them and he believes that unfortunately the buyer made a CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. mistake and did not research to make sure that he could get access before he purchased the land. He added that now the buyer is asking all the homeowners in the neighborhood to sacrifice and allow him to get off the hook. He stated that he has seen many apartments that are good looking for about five years and then they get sold. Just as houses are sold, but instead of just one, there is a multitude sold to someone out of state. He stated that it makes him uncomfortable that the owner does not live in Jacksonville. He added that he is not a lawyer, but has faith in the Commissioners as homeowners to protect his investment. He stated that the appraisal value of his home is pending the request outcome. He asked the Commission not to jeopardize his family and the other families. He reiterated that he has lived in apartments and is asking as a homeowner, a husband, and a father to at least consider that and if the Commission can’t decide than at least table and come out see what the community looks like. Commissioner Wilborn moved, seconded by Commissioner Perry to deny the request for a Conditional Use of R-3 in the C-1 zoned property adjacent to 900 Madden Road. ROLL CALL: Commissioners Young, Keaton, and Hardwick voted NAY. Commissioners Perry, Wilborn voted AYE. MOTION FAILED. Commissioner Wilborn moved to table the item of business until all Commissioners are present for a full vote. MOTION DIES FOR LACK OF A SECOND. Commissioner Hardwick asked Commissioners Perry and Wilborn if there were additional considerations outside traffic and drainage not yet addressed. Commissioner Wilborn stated that all concerns were addressed. He added that he personally would not like to have apartments built in his backyard, especially if the property on both sides is R- 1. He stated that the property is very small, he would not want the development, and that the majority of the citizens in this audience do not want it. He stated that it is going to cause problems not only with traffic. He related concerns for Madden Road traffic, stating that to be the reason he made the motion to deny. He stated that he has no knowledge of ownership but 10 feels it is his right as a commissioner to vote no. In response to a question from Chairman Brannen, City Engineer Whisker related that the development would accommodate City Fire Equipment and the Fire Marshall has reviewed plans. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. Commissioner Hardwick moved, seconded by Commissioner Young to grant the conditional use of R-3 in C-1 zoned property adjacent to 900 Madden Road as requested. Commissioner Young stated that in speaking with other developers regarding the property he learned that the proposed area is considered a hard site for single-family development. He voiced concerns for permissible C-1 development of the area. Commissioner Perry stated that C-1 is meant to be a development between commercial and residential to provide a buffer. He added that if the drainage were adequate and there were road improvements, it would be a great time for development, but not until improvements are made. He explained his experience with flooding of his previous home, saying that an impervious surface will create additional water runoff. He stated that for that reason he feels the development should not be allowed. Commissioner Young stated that water detention should be required. Chairman Brannen read the definition of conditional use provided by Metroplan “Conditional use is a use permitted within a zone where it is specifically listed as conditional use and is subject to special requirements (conditions) that are not spelled out in the zoning text. By definition, conditional uses are not uses permitted by right within a zone and thus do not have to be granted approval simply because a request has been made. The Planning Commission and/or the City Council determine the conditions that need to be placed upon the development at the time of the zoning request. Conditions can included a wide range of restrictions such as to use, size, design, development timing, etc. and can be stipulated as a means to mitigate potential adverse impacts that could be expected to occur without imposing such conditions.” He then questioned if Commissioner Hardwick would like to include any conditions with the motion. Commissioner Hardwick stated that drainage had been his concern but that has been clarified by the City Engineer. He then stated that he travels Madden Road daily and is familiar with 11 the traffic flow, adding that he does not feel that 20 units will make any more difference than Foxwood Phase IV or Critter Hollow. He stated that concerns he had regarding traffic flow have been resolved to his mind and water, which he has reviewed with the City Engineer. He added that the Planning Commission will have the opportunity to make sure that drainage is adequate when the building permits and plot plans are presented for approval. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. MOTION RESTATED: Commissioner Hardwick moved, seconded by Commissioner Young to grant the conditional use of R-3 in C-1 zoned property adjacent to 900 Madden Road as requested. ROLL CALL: Commissioners Young, Keaton, and Hardwick voted AYE. Commissioners Perry, Wilborn voted NAY. MOTION CARRIED. THE COMMISSION TOOK A FIVE-MINUTE BREAK RECONVENING AT APPROXIMATELY 7:56 P.M. DEVIATION IN AGENDA: Commissioner Hardwick moved, seconded by Commissioner Perry to approve the minutes of the regularly scheduled Planning Commission Meeting of 4 April 2001. MOTION CARRIED. RESUME AGENDA: b. CONDITIONAL USE C-1 in R-1 zone at 300 North Jeff Davis for Bethel Baptist Church Chairman Brannen opened the public hearing at approximately 8:00 p.m. Mr. Charles Cornelius representative for Bethel Baptist Church located 112 & 300 North Jeff Davis related that they are requesting a conditional use at 300 North Jeff Davis for parking on Sunday and Wednesday when the Church property is being used. He stated that the property at 300 North Jeff Davis is a single-family home consisting of 3-bedrooms with two baths, a kitchen, and carport. He stated that the Church would like to use the property for a classroom, saying that primarily it would be used Sunday morning, Sunday night, Wednesday night and occasionally at other times. He related that they are willing to do whatever is necessary to make the property suitable for conditional use regarding drainage that may affect the neighbors. He related that the Church does not want to offend any of the neighbors. Mrs. Bobbie Burney of 304 North Jeff Davis, stated that she lives next door to the property and does not have a problem the 12 request, but noticed that after the parking area was bulldozed it increased drainage. She related that the former City Engineer had related that there was a provision for a privacy fence if it became a parking lot. She reiterated concerns for drainage and the privacy fence for her and her neighbor Mrs. Curtis. She concluded saying that they are not opposed if drainage and the privacy fence are addressed. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. Mr. Cornelius assured the Commission that the Church has no problem correcting any problem that might affect the neighbors and asked that consideration be given to those guidelines. He stated that he would not like to make the choice of a privacy fence that the neighborhood might find unacceptable. He stated that he was unaware of a drainage problem but it will be taken care of. He requested guidelines from the City Engineer regarding drainage. Chairman Brannen closed the public hearing at approximately 8:15 p.m. City Engineer Whisker stated that he was unable to find any written guidelines for the fence but assumed the neighbors requested a privacy fence that is not an eye sore. In response to a question posed by Commissioner Hardwick, Mr. Cornelius stated that he had not spoken to the neighbor located behind the property but was informed by Mr. Billy Hall that the resident on Hospital Drive might be interested in selling the property. He stated that the property is rental property and that the Church has considered purchase of the property. Alderman Elliott addressed the Commission saying that the property on Hospital is owned by his mother who resides there, adding that she in not opposed to the request if concerns are addressed to the satisfaction of the neighbors. In response to a question from Commissioner Wilborn, City Engineer Whisker related that he did not feel drainage resolution would require more than a grass ditch to the front of the property. Mrs. Burney stated that she has spoken with the Mayor regarding drainage concerns of the property along the front of North Jeff Davis. City Engineer Whisker stated that it his understanding that each property owner would be responsible for the purchase of pipe to 13 upsize the drainage capacity. He stated that the main drainage for the area is along the front of North Jeff Davis and would be the proper location for the drainage to flow from the parking area. Commissioner Hardwick moved, seconded by Commissioner Wilborn to grant the conditional use of C-1 in R-1 zone at 300 North Jeff Davis condition upon the construction of the privacy fence to be determined by the City Engineer and resolution of CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. drainage problems, requiring the church to participate in the pipe upsizing project for as long as Bethel Baptist Church operates as it is presently operating. MOTION CARRIED. BUILDING PERMIT(S): 1912 McArthur Drive Chairman Brannen related that the request is for an expansion of the daycare facilities located there. Mrs. Cara Walloch explained that they would like to expand the existing building to better accommodate the after school children that currently have to go to a lunchroom area. She stated plans to add two classrooms and a garage. In response to a question from Commissioner Hardwick, Mrs. Walloch related that the proposed expansion is the area between the existing building and the playground area. City Engineer Whisker stated that the building permit is a metes and bounds request. He asked that any approval included the approval of the Fire Marshall and himself. Discussion ensued and it was pointed out that there is no curb on McArthur Drive and the one-way drive would provide for a better flow of traffic. Commissioner Hardwick pointed out that the property is adjacent to Oakwood Apartments in the rear and does not seem to present a detriment. Commissioner Wilborn moved, seconded by Commissioner Perry to approve the building permit request for the expansion of the daycare facility located at 1912 McArthur Drive. MOTION CARRIED. REQUEST TO APPROVE PLAT: a. FINAL PLAT Fair Oaks Subdivision Phase II 14 Mr. Bond related that the project began two years ago. He stated that the street is paved but the Water and Sewer Departments have not sent letters of acceptance yet so they are requesting approval contingent on acceptance from both Departments. Mr. Bond then related that the issue of sidewalks would only apply to lot 48F adjacent to Main Street. It was noted the street name of Anna Cove may need to be change due to duplication or similarity. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. Mr. Jerry Smith related that the sidewalk for lot 48F would be approximately 100 to 150 feet long. He pointed out that the sidewalk would lead nowhere. He stated that in his opinion it is only an added expense. He stated that going back toward Jacksonville on West Main Street, there will never been any development because it is all below the flood plain and in the flood way. He reiterated that there is no purpose for the sidewalk. He related that City Engineer Whisker had mentioned the Master Sidewalk Plan, saying that if Main Street is widened later the sidewalk will be torn up and torn away making way for new drainage. He stated that he would rather spend the money on a drainage structure behind the subdivision. Mr. Bond clarified that Mr. Smith was referring to a paved ditch, as discussed with City Engineer Whisker, approximately the same length as the sidewalk requirement. He related that Mr. Smith would rather spend the money on drainage than a sidewalk that would be hard to determine if it would ever serve any useful purpose. Mr. Bond then pointed out that the ordinance does provide the Planning Commission with the authority to waive the requirement for sidewalks. City Engineer Whisker related that he understood that the ordinance gave the Planning Commission the authority to grant variances. He referred to Jacksonville Municipal Code page 155- 2, reading, “where conditions warrant the Jacksonville Planning Commission may grant variances to the terms and conditions required by ordinance.” And it goes on to say how the City Engineer considers variances in the construction standards not the variances of the actual sidewalk, only to the standards of construction. In response to a question posed by Chairman Brannen, Mr. Bond related that the subdivision is on West Main approximately 300 feet east of Harris Road. Commissioner Perry questioned the location of the proposed 15 drainage structure and Mr. Bond related that there is a proposed outlet structure located at the culdesac. City Engineer Whisker stated that he believed that both would be best suited to Jacksonville. He pointed out that the sidewalk would lead to Harris Road, which in turn leads to North Pulaski. He pointed out that people would be walking to Harris Road and/or to Fair Oaks over to Amy Lane and again to Harris Road and up Harris Road. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. Commissioner Wilborn related that there are no sidewalks currently on Harris Road. Discussion ensued and City Engineer Whisker stated that Fair Oaks Subdivision Phase I or Harris Road did not fall under the current requirements for sidewalks. He reminded the Commission that Madden Road was constructed before sidewalk requirements, but that he would return in a couple of months with estimates regarding costs for a sidewalk in that neighborhood. In response to a question from Commissioner Young, City Engineer Whisker related that he would request the sidewalk to be located to the far inside area of the right-of-way so that any widening of West Main would hopefully not interfere with the sidewalk. He stated that the outside of the sidewalk would touch the forty-feet so that the five-foot sidewalk would then encroach on the City right-of-way. City Engineer Whisker stated that acceptance from the Water and Sewer Departments and the question of sidewalks remain before being sent to the City Council. It was noted that the Fire Department has signed off on the plat. Further discussion ensued and City Engineer Whisker related that he believes the position of the City Council regarding sidewalks is that pieces of sidewalks are better than none. He pointed out that the City spent close to $100,000 constructing sidewalk- connections last year. Commissioner Hardwick pointed out legality concerns regarding the Americans with Disabilities Act and City Attorney Bamburg verified. Commissioner Perry moved, seconded by Commissioner Hardwick to approve the Final Plat of Fair Oaks Subdivision Phase II subject to acceptance from the Water and Sewer Departments. MOTION CARRIED. 16 b. REPLAT Lots 142A & 143A Northlake Subdivision Phase III Mr. Bond related that the property was originally platted in 1981 or 82. He related that originally there were two driveways, pointing out that the lots both face the lake and the two driveways are 15-feet wide. He stated that lot 143A had a driveway that ran in front of lot 142A, adding that a home was built on 143A and the driveway was redirected. He stated that the owner of 142A did not feel it made much sense for the owner of 143A to have a strip of land in front of his CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. house, between his house and the lake. He stated that the replat would effectively do away with the land platted in front of lot 142A. City Engineer Whisker related that the Fire Department has consented, adding that as a replat it did not need to come before the Planning Commission but due to the unusual circumstances it is being presented. Commissioner Wilborn moved, seconded by Commissioner Hardwick to approve the REPLAT as requested. MOTION CARRIED. c. PRELIMINARY PLAT: Oak Ridge Ranch Subdivision Mr. Bond related that the City Engineer had expressed some issues of concern, one of which was sidewalks. He related that the other issue is the access road from Maddox Road to the development. He stated that they are requesting a rural type road of 20-foot asphalt with a 4-foot gravel shoulder as opposed to curb and cutter. He pointed out that no part of the proposed road is a part of Mr. Smith’s property. He related that the request is in order to save money, adding that the development has 55 lots and is very expensive. He related that the developer is building his own pump station and extending an 8” water line to the development and building a force main approximately 2 miles long to serve the development. He stated that it was felt that this type of road would not jeopardize the development’s appearance. He related that they would like to build the 20-foot asphalt road to County standards, then landscape the entrance and construct a sign identifying the development. In response to a question posed by Commissioner Hardwick, Mr. Bond stated that the property has not been annexed yet, adding that they are investigating some ownership from out of state. He mentioned the Church, saying that it would be to their advantage to join the annexation regarding fire insurance rates. 17 City Engineer Whisker stated that if the property is annexed, the road should be constructed to City standards. He related that City ordinance would require sidewalks on Oak Ridge Drive and around the circle, adding that it should go to Maddox Road if it is being considered for acceptance into the City. In response to a question from Commissioner Wilborn, Mr. Bond related that the easement does not belong to Mr. Smith but is an easement for a road that belongs to the adjoining property owners. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. It was noted that the property owners actually own Maddox Road as an easement road. Mr. Smith stated that he hopes to develop a very exclusive subdivision, pointing out that the lots are almost an acre as required by a density factor regarding the Little Rock Air Base. He related that if he had developed the 65 acres with 255 lots, it would have been more costs effective to do the improvements mentioned by the City Engineer. He stated that he currently has an investment of close to $700,000 to develop the property. He related that the six hundred feet of road between Maddox Road and the subdivision is in the County and is not owned by him. He stated that it will probably never be in the City because the adjacent owners do not want to be in the City. He related that he intends to build curb and gutter within the subdivision, adding consideration for drainage to make it a “Class A, number one subdivision”. He stated that he has 55 lots on 65 acres with at the most 14 lots on any street, adding that it is his understanding that a culdesac up to 20 lots does not require sidewalks. He questioned if a culdesac with 20 lots does not require sidewalks, why does a street with 14 lots require sidewalks. He pointed out that the frontage on the lots range from 150 up to 250 or 300 foot, adding that sidewalk costs per lot is an average of $2,000. He stated that in his opinion given the area those residents would not want a sidewalk. He stated that it will cost $35,000 to construct sidewalks just in the inside area of the subdivision, adding that if they are required up to Maddox Road it will cost close to $60,000. He stated that curb and gutter of the street would cost an additional $12 to $15,000. He stated that if he is required to expend $75,000 to 80,000 plus an additional $40 to $50,000 requested by the Sewer Commission it would not be feasible. He related that he would want the City to make it a first class subdivision but added that you have to step back and look at what the actual costs is and what the benefits are. He stated that the subdivision will not expand more than 55 lots, adding 18 that the reason it was developed that way was because of the density factor regarding the Little Rock Air Force Base. In response to a question from Chairman Brannen, City Engineer Whisker related that the City is not required to place sidewalks in the subdivision. In response to a question from Chairman Brannen, Mr. Bond stated that he believes the flood plain only crosses lot 17 because lot 16 is not designated as such. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. Mr. Bond stated that the City’s previous subdivision regulations concerning sidewalks had a provision for large lots, saying that any lot that exceeded 100’ in width was not required to have a sidewalk. He pointed out that the new ordinance does not speak to lot size regarding sidewalks, adding that the actual wording states is “culdesacs less than 20 lots.” He reiterated the expense regarding lots that average 150 feet. In response to a question from Commissioner Perry, Mr. Bond related that lot 1 is to be dropped from the subdivision, adding that it is Mr. Smith’s personal lot and will have access from Pridmore Lane. He stated that one reason it was dropped was because of sidewalk requirements with the lot being 400’ in width. It was noted that front setbacks for the County is 25’, City Engineer Whisker related that City setbacks are more stringent. Commissioner Hardwick noted that past discussion has centered on the subdivision only as it relates to being annexed into the City. Questioning if approved, is it to be conditioned upon being a part of the City or is the Planning Commission opting to exercise extra territorial jurisdiction authority only. Mr. Bond stated that the problem has been with a property owner coming forward that is contiguous to the existing City limits, adding that he believes the Church will. Discussion ensued regarding the Planning Commission’s authority whether the subdivision is annexed or not. City Engineer Whisker stated that if the subdivision remained in the County they would need to be contacted regarding the decision making process. Mr. Bond related that it would be advantageous for the 19 subdivision to be in the City regarding fire and police protection. Other discussion ensued regarding attempts to include property owners in the annexation. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. Commissioner Hardwick moved, seconded by Commissioner Keaton to approve as presented with requirements that it be brought into the City of Jacksonville, with the requirement of sidewalks inside the subdivision only, that the recommendation to the City Council is that the City allow the developer build the road to meet County standards and not require sidewalks from the subdivision to Maddox Road. MOTION CARRIED. Alderman Elliott clarified that if it is not addressed by the City then it will have to go to the County regarding consideration for a sidewalk waiver and the street as part of the County. d. PRELIMINARY PLAT AND PLANS FOR THE WESTERN HILL SUBDIVISION Mr. Bond related that the sketch development plan was submitted last month, adding that most issues have been worked out except for sidewalks. He stated that lots 13 and 14 are being reworked to be larger with a private drive on the backside, adding that negotiation with AP&L was mostly unsuccessful. He related that there are exactly 20 lots on every street. City Engineer Whisker related that the code states “less than 20 lots” for sidewalk requirements. Mr. Bond stated that dropping a lot would not make any sense, adding that the development would costs the same with the exception of sidewalks. He stated that it would require sidewalks on all streets with the exception of lots 12, 13 and 14. City Engineer Whisker stated that those lots would require sidewalks as well. He related that there would be a shared drive between lots 13 and 14 with access for lot 12 from Western Hills. 20 City Engineer Whisker stated that there is additional work regarding drainage issues for Western Hills Drive and the flow of water near Cory Drive. Mr. Bond stated that the water runs back to the east adjacent to Cory Drive. He stated that it is presently a dirt drive and the City is using the property to the south. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 14, 2001 7:00 P.M. – 8:57 P.M. City Engineer Whisker stated that sidewalks have to meet ADA requirements, which will require curb cuts for ramps. He mentioned curb and gutter for the private drive. Mr. Bond stated that City Engineer Whisker had stated concerns for the private drive adjacent to Main Street regarding people pulling over the sidewalk and blocking the sidewalks if there was not a barrier. He related that he proposes that the sidewalks have 4 to 5 feet green space between the sidewalk and the 20’ drive. Discussion ensued as to the lots at the beginning of the culdesac facing Western Hills would still require sidewalks for the entire culdesac, City Engineer Whisker stated that Mr. Bond proposed the same idea but he felt it would still require sidewalks because the lots touch the culdesac per the Jacksonville Municipal Code. Commissioner Young moved, seconded by Commissioner Wilborn to approve the Preliminary Plat of the Western Hill Subdivision as submitted meeting City standards regarding sidewalks. MOTION CARRIED. e. PRELIMINARY & FINAL PLAT DAWKINS COMMERCIAL SUBDIVISION LOT 1F Chairman Brannen noted that the item was business was removed from the agenda by the petitioner. GENERAL: ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 8:57 p.m. 21 Respectfully, __________________________ Susan L. Davitt Planning Commission Secretary 22