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02 JUN 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 2002 7:28 P.M. – 8:40 P.M. OPENING REMARKS: Vice Chairman Perry opened the meeting at approximately 7:28 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, Glen Keaton, and Lester Piggee, answered ROLL CALL. Vice Chairman Perry also answered ROLL CALL. PRESENT six (6), ABSENT (3). Others present for the meeting were City Engineer Whisker, Mr. Aaron Robinson, Mr. Mike Kirkpatrick, Mr. Tommy Bond, Alderman Stroud, Commissioner Mark Stroud, Mr. Emerson Smith, members of the press, interested citizens, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Piggee that the minutes of the 13 May 2002 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): BUILDING PERMIT(S): 408 Graham Road Mr. James Hartwig, Jr. stated his desire to construct a garage in his back yard, explaining that there had been an existing storage shed when he bought the home, but due to age and deterioration it was removed. In response to a question from Commissioner Young, Mr. Hartwig stated that he proposed to construct a garage approximately 20’ X 32 at the back corner of his lot. He related that the garage that was removed was 12’ X 14’ and was located close to the back of the house. In response to a question from Commissioner Piggee, Mr. Hartwig related that he owns the property and has lived there for approximately 20 years. He related that the property is free of utility easements. In response to a question from Commissioner Young, City Engineer Whisker related that the request for a building permit comes before the Commission because the property is unplatted. Commissioner Piggee moved, seconded by Commissioner Dollar to approve the building permit for 408 Graham Road as requested. MOTION CARRIED. Site Plan & Preliminary Plat/Evans Road Apartments Representative Aaron Robinson related that they are seeking approval for the preliminary plat and the site plan. Vice Chairman Perry noted a letter provided from the Jacksonville Wastewater Utility regarding the proposed apartment complex. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 2002 7:28 P.M. – 8:40 P.M. In response to a question from Commissioner Piggee, City Engineer Whisker related that the Wastewater Department has a representative at the meeting to answer questions regarding sewer, adding that his only concerns are setbacks regarding the development. He stated that he has spoken with Mr. Bond regarding the setback requirements being 35-foot front, 25-foot rear, and 5-foot side yard setbacks. He related that he has also recommended that the sidewalks be constructed at the property line, closer to the street. Discussion ensued as to the type of housing for the complex and Mr. Robinson stated that it would be multi-family but not HUD housing. City Engineer Whisker related that he would also recommend that the lot one parking lot line up with Evans Drive. Mr. Robinson related that he did not think that would be a problem. In response to a question from Commissioner Young, Mr. Robinson related that he was not sure regarding access plans onto the site. City Engineer Whisker related that the access is proposed to come in off Evans Drive from John Harden. He clarified that Evans Drive is the first left turn, north of the Pine Meadows Trailer Park. He related that the access would be an extension of Evans Drive at the 90-degree turn before entering into the Max Howell complex. Vice Chairman Perry invited comment from the audience. Mr. Emerson Smith related that he is the owner of the Tall Pines RV Park located on the corner of Evans Drive and John Harden Drive. He stated that the project is being referred to as Evans Road, adding that City record refers to the street as Drive not Road. He related that concerns were mentioned at the previous meeting regarding the pump station capacity and that Mr. Bond had made a presentation saying that the water situation and the sewer system was up to speed and that there are no problems. He referred to the letter from the Wastewater Utility and said that the letter indicates that the same problems that existed two years ago still exist. He explained that the storm water run-off causes the sewer line to overflow. He stated that he can speak very emphatically about the situation at the Tall Pines RV Park, saying that there are situations where the manhole covers have floated up and raw sewage has spread over the RV Park grounds. He related that he had one customer so upset when this happened that she moved from the Park. He stated that he and the Wastewater Department still recognize it as being a problem. He went on to say that the overflow of manholes is important because an overflow must be reported to the EPA, adding that hopefully it is a situation that the City will make investments to correct. He related that he stood before the Commission two years ago regarding a rezoning change for the same property and that at that time the proposal was to rezone the property from R-0 to R-4. He then related that it is now his understanding CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 2002 7:28 P.M. – 8:40 P.M. that the property is actually zoned R-3, requesting that the record be changed to reflect the correct zoning. He stated that the approval of this project would have significant environmental impact, noting that all vegetation would have to be removed. He related that the property is low land, and that when Evans Road was built dirt had to be brought in to construct the street. He stated that the water flows from Max Howell and Pine Meadows down Evans Drive into the proposed area and that the area resembles a wetlands especially during the spring rains. He related that he assumes it would take significant truckloads of dirt to bring the low-lying ground up to road surface level regarding construction. He added that this would not only affect the trees, but have a negative impact on the community life by creating a concrete jungle. He stated his deep concern for raising the property elevation because it would cause his property to have additional water run-off. He added that he would not want any action by the Planning Commission to have a negative impact regarding the value of his property. He asked that the Commission consider what would happen to the water once the dirt is brought in and the apartments are constructed. City Engineer Whisker related that manholes are usually built to flood elevation and Mr. Smith added that there are no manholes in that area. Mr. Smith asked that the Commission have someone look into the standing water situation. He stated that questions were raised at the last meeting regarding the parking, mentioning a letter written by City Engineer Whisker saying that the parking is not to City Code. City Engineer Whisker stated that the Code requirement is 1.5 parking spaces per unit. Mr. Smith stated that it is ironic that the City Code is 1.5 spaces per unit because Max Howell has three spaces per unit, and newer complexes on an average have two spaces per unit. He suggested that the City consider adjusting the parking space requirement. He then stated that parking would be very important for this project because of the inadequate road surface regarding overflow parking. He then explained safety issues regarding parking on Evans Drive with the 90-degree turn in the road. He additionally related concerns regarding the parking design being up to the easement line, which would allow the front of cars to be over the easement when parked. He stated that the project as presented is “humanity on top of humanity” and that the density of the project compared to Max Howell is 24 units to 8 units, making for a 200% increase in population density for this project. He then stated that the project could be a classic case of a civil rights discrimination, saying it appears that it may be appealing to the low income. He explained that it is a situation where low-income housing already exist and that cities today are being subject to their Planning Commissions being reviewed for signs or patterns of discrimination against the poor and low class. He then related that because of the location of the project it is also a situation that makes it isolated from the general public. He stated that “in other CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 2002 7:28 P.M. – 8:40 P.M. words it is going to be behind some woods, between a mobile home park and a housing project.” He asked that the Commission consider a less dense project, with more adequate parking and investigate any negative impact. Mr. Tommy Bond pointed out that this proposal is the third project to be brought before the Commission regarding this property. He stated that a mobile home park, and a single-family residence were rejected previously. He related that this is the second time this proposal for the apartment complex has been presented, adding that it generally complies with all of the City’s regulations, and is already zoned R-3. Commissioner Dollar asked Mr. Smith if she understood his five major concerns to be water run-off, sewer capacity, safety, parking, and ghettoizing. Mr. Smith stated that it might be a classic case of discrimination against the City because of the already low income housing in the area. He added that it has the potential of being discrimination against the poor regarding congregating of low-income people in one area and also because of the design being isolating from the general public. He stated that it would be subjecting people to a lower standard, which is against the law. Vice Chairman Perry invited a representative from the Jacksonville Wastewater Utility to address the Commission. Wastewater Engineering and Construction Manager Bob Williams referred to the letter provided to the Commission, saying that on assessment conditions of the area pump station have not changed and are not likely to change in the near future. He stated that there are overflows in that area under wet weather conditions and have been for some while. He related that currently the Wastewater Utility is in the process of rehabilitating the sewer lines of the entire City, pointing out that a major rehabilitation was just completed between Quince Hill and Commons Drive. He added that efforts will continue until the inflow and infiltration is reduced to an acceptable level. In response to a question from Commissioner Keaton, Mr. Williams stated that there is adequate capacity in dry weather conditions regarding the Northeast pump station, but not under wet weather conditions, which is evident by the overflow of manholes. He stated that he did not think the project would adversely affect the system in dry weather, adding that it is not going to help in wet weather. In response to a question from Commissioner Piggee, Mr. Williams related that the problem is not with drainage, but the inflow and infiltration. He pointed out that most of the problems in the area is with infiltration, saying that manholes are at or above flood elevation. He then stated that there could be some inflow problems not identified at this time. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 2002 7:28 P.M. – 8:40 P.M. City Attorney Bamburg addressed concerns regarding discrimination, saying that the proposed development meets Code requirements, adding that in the discrimination cases he has observed there has to be factors regarding specific placement of low income housing or code variations that are of record. He stated that in this circumstance, if he understands Mr. Robinson’s presentation, the proposed project is not proposed to be HUD housing. He related that low income does not necessarily have to be HUD housing, but is usually a very common factor for a discrimination action. It was noted that the average costs of an apartment has not yet been determined. Ms. Stacy Gangluff, manager of Pine Meadow Mobile Home Park addressed the Commission mentioning previous concerns when Mr. Dick Jones developed a subdivision in the immediate area. She related that she and other residents of the Pine Meadows Park are concerned about the drainage, adding that some lots toward the proposed development area are prone to be wet areas. She stated that another concern is fencing and safety traffic issues since the construction of the Wal-Mart Supercenter. She related that there is a tremendous amount of traffic in the area. Mrs. Diana Smith addressed the Commission stating her concerns regarding the children of the apartment complex, saying that they might venture into the woods with no planned play area. She went on to say that this would create additional liability for the surrounding property owners. She requested that the engineers go to the site and investigate the continuous standing water in wet weather. She stated that there is no storm drainage system in the area, and no curbing so the water runs down the road and settles onto their property. She related that during heavy rains their property fills with overflow from the manholes, adding that it is very important that these issues be addressed. In response to a question from Commissioner Young, Mr. Bond stated that a dumpster location has not been discussed. He pointed out that typically in smaller developments there is not a dumpster, only in larger developments with 100 plus units. In response to a question posed by Commissioner Keaton, Mr. Bond responded that a storm retention plan would be required. He explained that the retention pond would probably be north of the site. He explained that Evans Drive turns and goes back west, mentioning the intersection, saying that the main drain is 600 feet north of the intersection and runs through the church property to Hwy 67. He stated that any retention plans would have to be placed in that area and then related that the parcel is approximately 18 to 21 acres extending to Quince Hill Road. He explained that a previous development request had proposed access from Quince Hill Road. He then responded that construction for a fence would not be a problem. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 2002 7:28 P.M. – 8:40 P.M. Commissioner Young commented that he does not believe the layout meets Code requirements regarding setbacks. He related that he is concerned about the drive and the parking location, saying that he does not feel the design works very well regarding safety of pedestrian traffic. He suggested that the drive be placed on the outside of the lot and questioned plans regarding green spaces. He stated that he feels that the design is a tight layout for a maximum number of units. Commissioner Dollar expressed concerns that there are no provisions for a recreational area, which she stated originally made her wonder if the development was being proposed as senior citizen housing. She also voiced concerns for a “tightly packed” development. Commissioner Piggee stated that he does not feel enough evidence has been offer to combat drainage concerns, so that he could feel comfortable voting to pass a development in this particular area. There were no additional comments and a motion was not forthcoming. Vice Chairman Perry stated that the item of business fails for lack of a motion. REQUEST TO APPROVE PLAT(S): a. REPLAT Keathley Commercial Subdivision/ Lots 6 & 7 Representative Tommy Bond related that petitioner Mr. Mike Kirkpatrick owns the Sands Motel, which fronts the old South Hwy, saying that he has acquired two additional lots to the rear and wants to tear down the existing Sands Motel and build a new facility to the rear of lots 6 & 7. He stated that there are recorded easements on lots 6 & 7 so Mr. Kirkpatrick wants to replat the lots and include the front parcel that is not presently in the Keathley Subdivision, making it one large lot that will allow him to build a new motel. He pointed out that if the replat is approved, a site plan for the new facility on the combined lot would be forthcoming. Commissioner Lester moved, seconded by Commissioner Dollar to approve the Replat of Lots 6 & 7 of the Keathley Subdivision. Discussion ensued and City Engineer Whisker related that the front portion of the motel facing Hwy 161 would be torn down completely. At this time MOTION CARRIED. b. SKETCH PLAT Holland Homes Manufactured Housing Park Representative Tommy Bond related that the area was rezoned six months ago, adding that the sketch plat is being presented for comment. He stated that there will be no public streets in the development and that it would be privately owned and maintained with the exception of water and sewer. He related that all of the lots would be rental, and that it would be as nice as the one at the Bryant County line, an upscale manufactured mobile home park that will be maintained, policed and kept in good order. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 2002 7:28 P.M. – 8:40 P.M. He noted that the park would be phased in over a period of five to ten years, staring with 100 to 120 units for the first phase and then as it becomes successful additional phases would be presented. He related that the development would attract retired people, adding that it seems to be a life style that some people like. Commissioner Dollar stated that she has viewed developments of this nature in Birmingham Alabama, saying that it is very nice. She related that it had a wooded area with a pond and playground area. She asked Mr. Bond if a playground area was planned. Mr. Bond stated that there are two areas planned for playgrounds, saying that one area would be located by the manager’s office, which would be constructed first. He stated that plans are to have a mix of older residents who might want to live in an area that has children and areas for residents without children. Commissioner Keaton questioned what standards would be adopted by the Park, and Mr. Bond responded that no home over five years old would be allowed to move into the Park. He related that Mr. Kirkpatrick would manage the Park, relating that all homes will be strictly maintained. He stated that since the lots are rental, any resident that does not maintain standards will be asked to move. He stated that the manager would handle all maintenance other than the physical buildings. He related that lot upkeep would be held to strict standards, regarding grass mowing, and plantings. He pointed out that the mini warehouse offers storage so there will not be any wrecked cars or junk in the yards. Discussion ensued regarding modular and manufactured homes and Mr. Bond related that this would be manufactured, saying that manufactured homes of today have pitched roofs with vinyl siding as opposed to the older style metal roof and siding. It was noted that all units would be under pinned and possibly the tongues would be removed. Commissioner Keaton related that one item of concern would be the area east and northeast of the property that may be used for hunting, questioning if there are any provisions to keep residents from mistakenly wandering off the property and onto the other. Mr. Bond stated that there would be a fence, adding that there is a buffer strip between that area and the park. He then answered that they anticipate the walking trail to be asphalt paved with some lighting, similar to the one in Dupree Park. In response to a question posed by Commissioner Young, Mr. Bond related that the Railroad has between 100 and 150 feet of right-of-way, adding that the main part of the Railroad has been cut with the exception on the far north end and then it comes out of the cut. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 2002 7:28 P.M. – 8:40 P.M. Discussion ensued regarding consideration for a green space between the development and the railroad tracks, Mr. Bond related that a fence is proposed to prevent children from being able to get to the tracks, adding that the area also has a tree line between the tracks and the development. He then stated that on the side of the tracks there is an additional barrier of 80 to 100 feet owned by the Railroad that is grown up, but had been used to load timber and grain. He stated that it is approximately 100 feet between the normal right-of-way and the additional parcel of ground to where the development starts. Discussion then ensued regarding the recent train derailment and a safe distance for the development. Mr. Bond related that the railway car actually fell over because the track failed, explaining that it just leaned over and dumped its load. It was also noted that the development meets all density codes. Commissioner Keaton moved, seconded by Commissioner Lester to approve the Sketch Plat of Holland Homes Manufactured Housing Park as presented. Discussion ensued regarding sidewalk recommendations and Mr. Bond explained that there would be sidewalks inside the development and possible out to Loop Road. Mr. Kirkpatrick added that it would be rather difficult to place sidewalks that would tie into the City Master Sidewalk Plan because the development will be gated to provide security for the children. Mr. Bond stated that he believes there is sufficient room for a sidewalk along the entrance road into the development. He explained that there is a large open space of approximately 600 feet in front of the development that will serve as a landscaped entrance into the development. Discussion ensued regarding green space between the development and the railroad tracks and Mr. Bond related that there is currently a lot of green space that belongs both to the development and the Railroad, and an earthen ridge to help address factors regarding sound. At this time MOTION CARRIED. ADJOURNMENT: Acting Chairman Perry without objection adjourned the meeting at approximately 8:40 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary