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01 OCT 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2001 7:00 P.M. – 7:58 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, Bobby Lester, Lester Piggee, Tammy Green, Mark Perry, and John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT seven (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, members of the press, interested citizens, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Lester moved, seconded by Commissioner Piggee that the minutes of the 10 September 2001 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE of C-3 in an M-1 zone for 200, 204, 208, Municipal Drive Chairman Brannen opened the public hearing at approximately 7:05 p.m. Mr. Otis Goodsell related that the request is to accommodate the operation of a retail sales business. In response to a question posed by Commissioner Piggee, Mr. Goodsell related that the property is located on Municipal Drive where Hogan Hardwood was previously located. He stated that he has operated a retail business for 35 to 40 years in that area. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:10 p.m. City Engineer Whisker stated that Mr. Goodsell desires to establish a retail business in the proposed area, which can be addressed through a conditional use. Commissioner Hardwick raised questions regarding the need to change the land use map. City Engineer Whisker related that the property is located south of the property that was recently rezoned to C-2, adding that because of the location he feels that C-2 would be the best use of the property. Commissioner Hardwick moved, seconded by Commissioner Lester to approve the Conditional Use of C-2 for 200, 204, and 208 Municipal Drive and recommend to the City Council that the land use maps be corrected regarding the area. MOTION CARRIED. b. REZONING a portion of Liberty Subdivision from R-1 to R-3. Chairman Brannen opened the public hearing at approximately 7:12 p.m. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2001 7:00 P.M. – 7:58 P.M. Mr. Mike Berg stated the objective is to correct old zoning, explaining that the adjacent piece of property is zoned R-3 and a piece in the middle is zoned R-1 with another piece to the north that is R-3. He stated the desire to make the area contiguous to the R-3 zoning. He pointed out that the street of Nathan Hale could enter into the property and then connect to a new street. Mr. Bond offered that in the 70’s before Mr. Shrader acquired the property it was inadvertently split in the middle regarding the zoning. He stated that apparently the Planning Commission granted a waiver for R-1 when the subdivision was developed and that the lower portion of the area property is R-1. He then pointed out that the zoning lines do not match any of the property lines. Discussion ensued and it was surmised that perhaps the zoning designation was a mistake made in the 70’s and City Engineer Whisker stated that much of the zoning was established by tracts beginning with a study performed by Metroplan. He clarified that the Liberty subdivision was developed single-family under an R-3 zoning. Chairman Brannen closed the public hearing at approximately 7:17 p.m. In response to a question from Commissioner Young, Mr. Bond stated that he believes the adjacent property on Military Road is zoned R-1, he then recalled a rezoning request for adjacent property belonging to Mr. Crook, which was denied a commercial rezoning. He related that the proposed rezoning adjoins the R-3 property of the new Chapel Ridge apartment complex. In response to a question posed by Chairman Brannen, City Engineer Whisker related that there are two pieces of property, the Chapel Ridge property and a tract adjacent to the left side of Chapel Ridge. He explained that the proposed property is adjacent to Chapel Ridge at the back right corner. Commissioner Hardwick questioned if there were other large tracts of R-3 zoned property in the area, stating his concern for traffic flow regarding the existing development of Chapel Ridge and any possible future multi-family (R-3) development. City Engineer Whisker related three possible access points if the proposed property is developed, pointing out Stanphil, Military Road and Nathan Hale. He stated that he is unaware of area residents sentiment regarding an apartment complex having access into the Woodbriar and Liberty Subdivisions, but added that those are two good entrances with the exception of the intersection at Stanphil and Military Road. He stated that as far as available land, there is a tract behind Stonewall off Edinburgh. Mr. Bond stated that the tracts off Stonewall are larger than proposed property. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2001 7:00 P.M. – 7:58 P.M. City Engineer Whisker also pointed out property next to Chapel Ridge. Commissioner Piggee stated that since there is no documentation as to why the property was zoned R-1 and it meets all the requirements he made the following motion. Commissioner Piggee moved, seconded by Commissioner Perry to approve the rezoning request from R-1 to R-3 as presented. MOTION CARRIED. BUILDING PERMIT(S): REQUEST TO APPROVE PLAT(S): a. FINAL PLAT 109 Dennis Lane Mr. Dennis Callahan stated that he is the owner of CP Electronics located at 109 Dennis Lane. City Engineer Whisker stated that building permits that are on unplatted property require being platted or a building permit issued by the Planning Commission. He related that the Final Plat consists of the existing building, which is all that is required for a one-lot plat. He related that the property has utilities, and features a building that is not going to change. He stated that the only other requirements the City could enforce would be curb and gutter on the street because it is inefficient. He added that if the other property owners were going to plat their land that might be a good suggestion, but added that he does not think that will be the case in the area. Commissioner Hardwick asked City Engineer Whisker, if given his experience working with the Planning Commission and knowing the City Council’s concerns for waiving subdivision requirements, is it still his recommendation that the Planning Commission waive the requirement for curb and gutter. City Engineer Whisker stated that it is. Commissioner Hardwick moved, seconded by Commissioner Young to approve the final plat for 109 Dennis Lane as submitted with a waiver regarding the requirement for curb and gutter. MOTION CARRIED. b. CHARLIE BOX SUBDIVISION Chairman Brannen introduced the item of business and Commissioner Hardwick recuse himself. Mr. Bond reminded the Commission that the item was discussed at the previous meeting and informed them that since that time he and Mr. Box have been before the County Planning where it was discussed at length and is now returning to the Jacksonville Planning Commission with recommendations from the County to hopefully bring together a closer consensus of what is workable for the subdivision. He stated that he believes health and safety issues are being addressed. He went on to say that Mr. Box was informed by the County that a 30-foot right-of- way would not be sufficient, so he returned to the property owners on 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2001 7:00 P.M. – 7:58 P.M. Maddox Road and was able to negotiate an additional 10-feet on each side for a 50-foot street right-of-way. He related that it would be a 20-foot road with a 4-foot gravel shoulder, which he believes the County will agree to. He related that one of the issues discussed previously was sidewalks and additional right-of-way on Maddox Road. He then explained that County Engineer Sherman Smith indicated that the County has no foreseeable plan to improve Maddox Road, which he took to mean that the County is ambivalent regarding five additional feet of right-of-way. He pointed out that there is a 60-foot right- of-way, but the Master Plan had called for 70-feet. He explained that Mr. Box was able to negotiate an additional 10-feet of right-of-way regarding the subdivision street, but was not able to get the property owners to agree to another 5-feet facing Maddox. He then addressed earlier issues regarding water and fire hydrant placement, saying that they have discovered that there is a fire hydrant approximately 200 to 300 hundred feet west and one the same distance to the east of the Subdivision. He added however, that City Engineer Whisker has pointed out that the fire hydrants would not serve the back culdesac area. He said that fire hydrant placement may still be an issue to reconcile, pointing out that a 2 or 3 inch waterline would be adequate regarding residential water service but would not be sufficient for a fire hydrant. He stated that typically the City Fire Marshall has requested a fire hydrant on or about the first lot-line. He stated that with a fifty-foot street right-of-way the existing housing are at a 20-feet or less building setback, adding that a setback waiver for houses on Coty Court is required. He noted that the Final Plat would be presented after the improvements are made. In response to a question posed by Chairman Brannen, Mr. Bond related that the developer would need a waiver for 20-foot setbacks, and a 19.6-foot setback for lot A. He then related that the property is not located in the AICUZ zone, but is beside it. He stated that he would return to the County Planning Board with recommendations from the Jacksonville Planning Commission. He then informed the Commission that he and City Engineer Whisker have been discussing the areas that overlap regarding developers who have to come before both the City and County Planning entities. In response to a question from Commissioner Lester, City Engineer Whisker pointed out that the offer of a 50-foot right-of-way is more than the 40-foot discussed previously, and that a 50-foot right-of-way is normal development standards for Jacksonville streets. He related that the waterline and waiver for the sidewalks on Maddox Road is the biggest concern. He stated that if the Commission felt comfortable that water pressure would not be needed regarding the back five-acres, then the fire hydrant would not an issue. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2001 7:00 P.M. – 7:58 P.M. In response to a question from Commissioner Young, Mr. Bond stated that the recommendation that the current fire hydrants were sufficient regarding the lots that front Maddox Road was from the North Pulaski Fire Chief not the City of Jacksonville. City Engineer Whisker commented that two fire hydrants in such close proximity in the County is fairly uncommon. Commissioner Perry stated if future development were to occur regarding the back acreage, then a plug would be essential in the subdivision. City Engineer Whisker concurred. Discussion ensued and it was related that any future development regarding Tract one would be required to carry a 35-foot front yard setback. Commissioner Lester questioned not requiring sidewalks on Maddox Road and Mr. Bond stated that since the County does not have plans for improvements and the developer is not being asked to provide the additional right-of-way then sidewalks would not fit any future plans. He then added that he has been told that the owners on Maddox Road do not want sidewalks. Chairman Brannen questioned if the property is developed and then later annexed can the City stipulate sidewalks at that time. City Attorney Bamburg stated that the developer is responsible for sidewalks unless the property owner agrees to be the responsible party, adding that if the developer were requesting a waiver it would be inappropriate to waive it now and stipulate development for them later. Mr. Bond pointed out that Mr. Box sold the lots approximately 1-year ago. Discussion ensued and City Attorney Bamburg related that the Planning Commission could require an escrow for the sidewalks. Commissioner Lester questioned if the Planning Commission could require the developer to escrow the sidewalks if he no longer owns the property and City Attorney Bamburg stated that the developer built the subdivision, adding that the Planning Commission can set conditions for the escrow regarding its use or if and when it is to be returned. Mr. Bond stated that a time frame for execution seems reasonable. Commissioner Perry raised concerns regarding the six separate service waterlines, and Mr. Bond related there are six meters set on Maddox Road, two service the houses that face Maddox Road and the other four 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2001 7:00 P.M. – 7:58 P.M. two on each side of the street serves the houses on Coty Court. He related that North Pulaski Water has stated that regarding future operation they desire a line built and the meters moved in front of the houses. In response to a question posed by Commissioner Young, City Engineer Whisker related that his recommendation is that Mr. Box put in a main water line that the houses on Coty Court can stub into, and large enough to accommodate development of the remaining five acres. He suggested that approval be stipulated to meet with County approval, pointing out that the subdivision will still have to go before the County Waiver Board. He noted the need for setback waivers and a fire hydrant in the subdivision. Mr. Bond explained that typically a six-inch water line is run to the fire hydrant and then a two or three-inch service line is continued, adding that a blow-off at the end would address future extension to Tract one. It was then noted that the area does not have sewer lines and Mr. Bond related that the septic tanks meet all requirements and have been approved by the County sanitarian. Commissioner Perry moved, seconded by Commissioner Lester to allow a 20-foot setback variance and a 19.6 setback variance for lot A and stipulating that a main water line large enough to accommodate the remaining five acres be run along with a fire hydrant between lots B and D and further stipulating that an escrow be set for seven years regarding sidewalks on Maddox Road. MOTION CARRIED. c. REPLAT of PINEWOOD COVE City Engineer Whisker related that he has approved a replat of the Pinewood Cove area located off Redmond Road adjacent to Hwy 67/167. He related that it is zoned R-3 (multi-family) and consists of four lots. He stated that the developer is adding an extra lot. He related that there are four-plexes currently there but the developer wants to make them townhouse four-plexes to ease construction costs and secure funding. He stated that it would require a side-yard setback and lot size variances from the Board of Adjustment. GENERAL: Discussion regarding Carport Codes City Engineer Whisker related that the biggest difficulty regarding carports is the determination of pre-existing carports in reference to front yard setbacks. Discussion ensued regarding the speed that metal carports are built. City Engineer Whisker related that it becomes an enforcement issue. Alderman Stroud related that many of the carports have been erected since the ice storm, adding that while the carports are not desirable the people he has spoken with do not want to penalize residents that cannot afford a more costly structure. He stated that he feels 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2001 7:00 P.M. – 7:58 P.M. persons wanting to construct this type of carport should have a building permit, adding that if it does not fit building setback codes they should be forwarded to the Board of Adjustment. He went on to say that he did not feel that the City Council would out-right ban this type of structure. Discussion ensued as to possibly of advising the dealers who sell metal structures that to avoid adverse circumstances they should ensure the property owner has a building permit. Alderman Howard stated that he did not feel that the dealers would be concerned with that aspect. He concurred that this type of structure has increased since the beginning of the year and noted that monitoring would have to occur through observing the setbacks. Commissioner Piggee suggested that the general public be informed of setback regulations regarding carports. City Attorney Bamburg related that ordinances are published following Council passage in accordance with State Law, adding that the City depends on the news media to assist in those efforts. He stated that further, mail outs to certain areas, a more detailed press release, and public meeting in the neighborhoods seem to be effective. Commissioner Perry suggested that if enforced through setback codes, the consumer would be forced to return to the dealer for a refund. Mr. Bond related that many of the structures are sold by individuals working part-time, not a conventional business. He related that the structure can be delivered and unloaded in less than an hour and fabricated on site in less than three hours. Discussion ensued regarding carport codes as an inclusion in the Bill of Assurance. City Attorney Bamburg related that a requirement by ordinance would be necessary before developers would be required to provide that. City Engineer Whisker stated that primarily problems occur with setbacks when the homeowner does not apply for a building permit and then claims that it was there before. Mr. Bond stated that unless a neighbor complains it is difficult to enforce. It was pointed out that the situation occurs more often in older subdivisions. Commissioner Piggee suggest that this may be an issue to be discussed when the developer comes before the Planning Commission. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2001 7:00 P.M. – 7:58 P.M. Mr. Bond pointed out that many bills of assurances already address carports and out buildings, but it has to be enforced. City Engineer Whisker then pointed out that the City is not responsible for enforcing Bill of Assurance. City Attorney Bamburg concurred saying that it is a private enforcement issue. ADJOURNMENT: With no further discussion, Chairman Brannen without objection adjourned the meeting at approximately 7:58 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 8