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02 AUG 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2002 7:00 P.M. – 7:55 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Chad Young, Bobby Lester, Glen Keaton, Lester Piggee, and Mark Perry, answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT five (5), ABSENT (3). Others present for the meeting were City Engineer Whisker, Mr. and Mrs. Tommy Bond, Mr. Harold Crook, Alderman Marshall Smith, Mrs. Chris Strawn, Mr. Don Taylor, members of the press, interested citizens, and petitioners. PUBLIC HEARING(S): Conditional Use/First Free Will Baptist Church Chairman Brannen opened the public hearing at approximately 7:04 p.m. and related that the property is located off West Main Street across from Fair Oaks Subdivision and is zoned R-1. Representative Mr. Tommy Bond demonstrated an aerial photo of the proposed location, and related that the First Free Will Baptist Church is presently located on Green Acres Road, south of Madden Road. He related that the property purchase is contingent on the Church being granted a conditional use of the property for the construction of a new church. Mr. Marshall Smith a member of the First Free Will Baptist Church addressed the Planning Commission, saying that the Church is proposing to purchase four acres off West Main Street to relocate and construct a new First Free Will Baptist Church. He related that the proposed location is directly across from the Fair Oaks Subdivision, adding that feedback regarding the construction of a church in that area has been positive. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:06 p.m. Commissioner Lester, as a member of the First Free Will Baptist Church, recused himself from the voting process. Commissioner Piggee moved, seconded by Commissioner Young to approve the request as presented. MOTION CARRIED. BUILDING PERMIT(S): REVISED SITE PLAN Arthur’s Beauty College Day Care Facility Representative Mr. Bond related that the revised plan addresses previous concerns voiced from the Commission, but acknowledged that the biggest dilemma would be the Planning Commission’s request regarding access to North First Street. He stated that petitioners are present to address issues regarding the access to North First Street. He pointed out that the daycare facility would be restricted for the use and benefit of the students attending Arthur’s Beauty 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2002 7:00 P.M. – 7:55 P.M. College and for that reason Mrs. Strawn the owner, is asking that access to North First Street be reconsidered. He stated that the daycare facility would be owned and operated by the same management of Arthur’s Beauty College. Mr. Bond noted that the site has a three to four foot difference in elevation between North First Street and the proposed site area. Chairman Brannen questioned if the daycare facility would use the sewer lift station located behind the site. Mr. Bond related that the lift station was built in the past 45 days, adding that there are still some sewer issues to be worked out with the Wastewater Utility concerning the lift station, but stated that he felt any concerns could be worked out if the ownership is maintained for both facilities. He related that the only other concern would be that Mr. Knollmeyer’s office building is connected to that lift station. He pointed out that Mr. Knollmeyer has shared a common sewer, tied into the private sewer system of the mobile home park for approximately twenty years. He said that these sewer issues have not been questioned for twenty years, but has since become a concern. He expressed that he is confident that all issues regarding sewer can be worked out. Chairman Brannen questioned concerns for the Toneyville area regarding the pump station capacity and flooding. Mr. Bond related that Toneyville is not the only area in the City that has sewer manhole overflows, adding that if the Planning Commission were to deny development in all areas where a manhole has overflowed, then there would be no development at all in the City. Discussion ensued regarding the City’s commitment and achievements to contain flooding and address drainage concerns. City Engineer Whisker expressed concerns that the rear lot would not have access to a street. Mrs. Chris Strawn explained that the property was split to accommodate mortgage requirements, adding that the property is not intended for sale. She stated the desire to build a child care facility on the property strictly for students attending Arthur’s Beauty College. She stated that they have experienced problems with parties on the rear lot without a double access. She went on to say that while she would desire a double access, she has fears for the children. She stated that a double access would mean more traffic flow through the property and reiterated that the daycare facility is an on campus daycare strictly for the students. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2002 7:00 P.M. – 7:55 P.M. City Engineer Whisker stated that he offered Mrs. Strawn several suggestions, pointing out that the parking lots do not have to be joined. He related that the parking lots could have a median separation, which would prevent traffic from flowing through. He went on to suggest that the buildings could be located next to one another with two separate parking areas from North First and John Harden. He related that in order to construct the second building the property did require a lot-split. Commissioner Perry questioned the relationship of access to North First regarding the stoplight, asking if added ingress and egress would cause any traffic concerns. City Engineer Whisker pointed out that the lot fronts North First Street. Commissioner Green stated that she was under the impression that the second entrance was a safety issue regarding access for emergency vehicles. City Engineer Whisker related that he was not certain that it was as much a safety issue as a lot requirement, adding that the only entrance would be from Arthur’s Beauty College. He pointed out that typically each lot and building has its own entrance, unless there is a shared area such as a shopping center, which is still typically one large building. Commissioner Green questioned the fence requirement, saying that there should be a 6’ privacy fence around the playground area. Mr. Bond stated that the fence would not be a problem, adding that the owners would be agreeable to build a fence around the playground. He related that the only issue of concern is the North First Street access, pointing out that the only traffic to the daycare would be the students while the patrons would be the only traffic to Arthur’s Beauty College. Mrs. Strawn related that graduating students would remove their children from the daycare. She stated that Arthur’s Beauty College has been an established business in Jacksonville for approximately thirty years and has grown into a large school offering day and night classes. She added that the daycare is an issue for students attending classes, and that Arthur’s Beauty College is trying to offer a solution to difficult daycare issues. She pointed out that new mothers could have their children close while attending class and visit them during lunch. She stated that her only concern is that she is not sure the children should be behind a privacy fence. She added that she is uncertain if State regulations will allow for a privacy fence, but stated that she would be willing to construct a huge fence to protect the children. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2002 7:00 P.M. – 7:55 P.M. Commissioner Green stated that she was sure the regulations would allow for a privacy fence, adding that she feels it is important regarding safety factors for the children. She pointed out that the location is highly visible from the Freeway, John Harden Drive and North First Street with a high traffic count and easy accessibility to the location. Mrs. Strawn stated that she would not have a problem with a privacy fence. Discussion ensued regarding the location of the Freeway exit and the proposed location of the daycare. Commissioner Green expressed concern for any undesirable attention from the high visibility situation of the children to a heavy volume of traffic from both sides of the development. She complimented the design regarding the proposed landscaping of the project. Discussion resumed regarding egress to North First Street and its proximity to the signal light. Mr. Don Taylor noted various existing egresses to North First, mentioning the Knollmeyer Law Firm and the exit from the Freeway. He related that he felt traffic would cut through the parking lot to avoid moving through the signal at North First to proceed to the old Toneyville Highway or traffic avoiding the signal to get to John Harden Drive. He stated that cut-through traffic might raise the safety factor issue. City Engineer Whisker related that he had suggested to avoid those traffic concerns the two parking lots be separated. Mr. Taylor stated that if the parking lots were separated it would decrease the amount of parking available to the College. City Engineer Whisker suggested that since only the students would be using the daycare they could park on the back parking lot and the front parking lot could be used for patron parking. Mr. Taylor stated that without the proposed additional parking the existing parking lot is full. Commissioner Keaton questioned if the property could be platted with an ingress/egress easement on the final plat, making it a permanent part of the platted property. City Engineer Whisker agreed that a permanent easement could be one possibility. He then answered that the Fire Marshall has reviewed the site plan. Commissioner Young related that he is unsure if the Planning Commission can enforce a privacy fence around the playground and pointed out that a chain link fence would allow monitoring of the 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2002 7:00 P.M. – 7:55 P.M. children from the College. He suggested that the fence be 6’ to address safety issues, saying that it is more important to see the children than not. He complimented the developer regarding the landscape plan and the wooden enclosure of the dumpsters, and agreeing that the Planning Commission should pursue a permanent ingress/egress easement. He also agreed that an entrance to North First Street would be an ideal cut-through opportunity for traffic. Discussion resumed regarding issues for a privacy fence to raise the safety factor for the children attending the daycare. Mrs. Strawn stated that she does not have a problem with a privacy fence, but would prefer being able to monitor the children through a chain link fence. She stated that she would comply with any type fence request from the Planning Commission. Commissioner Green pointed out that the children could still be monitored from the daycare facility with a three-sided privacy fence, with the only entrance being from the daycare. Commissioner Green moved to approve the revised site plan contingent upon approval of City Engineer Whisker regarding a second entrance to North First Street and sewer acceptance, a 6’ fence of either chain link with slats or a wooden privacy fence. MOTION DIES FOR LACK OF A SECOND. Commissioner Keaton moved, seconded by Commissioner Piggee to approve the revised site plan with a 6’ fence as discussed, provisions for an ingress/egress easement through the Arthur’s Beauty College property. MOTION CARRIED with Commissioner Green voting NAY. REQUEST TO APPROVE PLAT(S): a. REVISED PRELIMINARY PLAT H & H Mobile Home Development Commissioner Piggee moved, seconded by Commissioner Lester to remove the item of business from being tabled at the July meeting for discussion. MOTION CARRIED. City Engineer Whisker related that previously requested sewer, water, and sidewalk plans have now been provided to his office. Discussion ensued regarding clarification of the right-of-way ownership and it was noted that the right-of-way is dedicated as an easement for the Gas Company. Mr. Harold Crook questioned the requirement for sidewalks, and it was explained that the Ordinance does not require sidewalks for a culdesac with less than twenty lots. City Engineer Whisker explained that the requirement of sidewalks along the ten-lot area comes as a result of the area being adjacent to a thorough street. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2002 7:00 P.M. – 7:55 P.M. Commissioner Lester moved, seconded by Commissioner Piggee to approve the revised Preliminary Plat of H & H Mobile Home Development as presented. MOTION CARRIED. b. PRELIMINARY PLAT Northlake Subdivision Phase X Lake Lorene Representative Mr. Tommy Bond related that the Vicksburg District Corp. of Engineers is reviewing the plans for the Lake Lorene area for approval to proceed. He related that the culdesac would extend toward the lake as submitted on the plat reviewed by the Planning Commission one-month prior. He stated that the preliminary plat is a continuation of a plan that was previously approved in the early 70’s. He noted the name change of Crappie Court to Mallard Court due to mispronunciation. In response to a question posed by Chairman Brannen, Mr. Bond related that the area is presently in the flood plain, but is scheduled to be removed from the flood plain. It was noted that flood plain plans were submitted one month ago as requested by the Corp of Engineers, the developer has also submitted data regarding impact to flood levels on Kellogg Creek. He stated that a 400’ floodway was left between the existing lake to the south in Sherwood and the proposed new lake, adding that with the 400’ floodway there would be hardly any impact to the water levels in the area. He went on to explain that there would be certain areas during construction that the developer would be required to medicate regarding wetlands. In response to a question from Chairman Brannen, Mr. Bond stated that approval from the Corp. of Engineers is expected prior to approval of the Final Plat by the Planning Commission. City Engineer Whisker requested that in the submittal of the final plat for phase X, that the developer include the completed road from phase IX to phase X, and that sidewalks currently located on the south side be continued on the south side of Northlake Drive. He related that the Fire Marshall has reviewed and approved the fire hydrant placement. Commissioner Young moved, seconded by Commissioner Keaton to approve the Preliminary Plat of Northlake Subdivision PH X Lake Lorene as presented with final approval from City Engineer Whisker. MOTION CARRIED. DEVIATION IN AGENDA: Commissioner Lester moved, seconded by Commissioner Piggee to suspend the rules and place the revised Sketch Plat of Foxwood Gardens on the agenda. MOTION CARRIED. c. REVISED SKETCH PLAT Foxwood Gardens Representative Mr. Tommy Bond related that revisions include requested changes from the Planning Commission, City Engineer Whisker and developer. He related that since the development will feature garden 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2002 7:00 P.M. – 7:55 P.M. homes the developer is requesting that the Planning Commission consider allowing a smaller front and side yard setback in order to develop nice homes with smaller yards. He requested a 20’ front yard setback and 5’ side yard, adding that the new dimensions would add to the buffer space between the Railroad and expand some of the broader areas in the development. He pointed out that as requested the second entrance is designated across from the existing Foxwood Drive, which will be a gated security entrance allowing for provisions for emergency vehicles. He stated that he felt this type of development would meet certain needs for homebuyers and that the area is conducive to this type of development. Discussion ensued regarding consideration for smaller setbacks in the culdesac, and Mr. Bond noted that the allowance for smaller setbacks in culdesac seems to have been dropped from the code ordinances. He offered that development codes need flexibility to address various types of developments such as retirement communities where residents want smaller yards. In response to a question from Chairman Brannen, Mr. Bond related that many apartment developments have a 20-foot setback from the street, saying that as a gated retirement community could be viewed as a similar concept regarding development. He stated that the concept is to maximize the home size while reducing the yard area requiring maintenance. He pointed out that several of the same type of developments in Cabot has been very successful, encouraging the Planning Commissioners to view the retirement communities in Cabot. City Engineer Whisker stated that his major concern is the ditch along the back and how to make it best friendly to the City and the developer. He pointed out that currently the code does not offer regulations for this type of development. Mr. Bond stated that the developer is considering square footage of 1000 to 1200 square feet. He then explained that the zero lot line established provisions for a smaller yard, but homebuyers preferred a stand-alone house. He pointed out that garden homes seem to be a popular choice for homebuyers. In response to a question from Chairman Brannen, Mr. Bond related that the entire area would be raised out of the flood plain. He pointed out that part of the reason for establishing the pond area is to create borrow pits, estimating that the lots would be raised between two and three feet above the flood plain. He related that the developer is requesting approval of the concept of the plan and would return with greater detail. Commissioner Keaton moved, seconded by Commissioner Piggee to Approve the Sketch Plat of Foxwood Gardens as presented. MOTION CARRIED. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 12, 2002 7:00 P.M. – 7:55 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Piggee that the minutes of the 8 July 2002 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. Chairman Brannen announced that the draft Green Ordinance would be delivered to committee members for consideration at a meeting to follow the regularly scheduled Planning Commission meeting in September. Mr. Bond addressed the Commission stating that in speaking with local developers he has learned that Jacksonville is probably the only City that has a 35’ front yard setback. He related that most cities have a 25’ or 30’, pointing out the additional costs encumbered by the builder regarding an extra five feet. He pointed out the competitive nature of the construction industry and asked the Commission to consider allowing smaller front yard setbacks for residential development. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:55 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 8