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03 JUL 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. OPENING REMARKS: Vice Chairman Perry opened the meeting at approximately 7:08 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Chad Young, Bobby Lester, Glen Keaton, Mark Stroud, and William Montgomery answered ROLL CALL. Vice Chairman Perry also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT (3). 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 Young moved, seconded by Commissioner Keaton that the minutes of the 9 June 2003 Regular Planning Commission meeting be APPROVED with a correction on page four regarding a reference to Lowe’s changed to read Walgreens. MOTION CARRIED. PUBLIC HEARING(S): CONDITIONAL USE as a Recreational facility of 10.71 acres adjacent to Dupree Park Vice Chairman Perry opened the public hearing at approximately 7:10 p.m. Mr. Jim Reid of 5631 Commerce Court related that he is requesting a conditional use permit for 10 acres adjacent to Dupree Park for a recreational facility. He stated that he has owned a similar facility in Sherwood for approximately fourteen (14) years, adding that previously he owned one in Batesville and two in Benton. He stated that he wanted to make the Commission aware of his extended experience regarding other recreational facilities he has owned. He explained that the landowner, who has helped financially, approached him regarding development of the property for a recreational facility. He stated that he has not observed any other family-orientated facilities in Jacksonville; adding that he plans to offer discounts for the military. He stated that his plans are to develop a 30-foot wide track 1271 linear feet, a $200,000 dollar miniature golf course, and an $80,000 dollar batting cage. He stated that the go-cart track would consist of approximately 18 go-carts; 5 doubles for the children, and 13 singles with an approximate value of $260,000. He said he felt it would be a great asset to the City of Jacksonville not only in providing a family oriented business but also in bringing tax dollars. He added that he estimates approximately $300,000 to $400,000 annually, which may decrease slightly as time goes by. Vice Chairman Perry invited comments in favor or in opposition to the request, hearing none, Vice Chairman Perry closed the public hearing at approximately 7:14 p.m. In response to a question posed by Commissioner Montgomery, City Engineer Whisker answered that a portion of the proposed area is in the flood plain. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. He explained that the property is located north of the lake and bounded by the freeway going up to the incoming road of Dupree Park. Discussion ensued regarding access to the property; City Engineer Whisker related that that currently there is no road access to the property. He stated that the property owner and the City has not come to an agreement regarding access. He related that the property fronts onto the freeway, explaining that access from the freeway is controlled. He pointed out that the property does not have an avenue for access except through Dupree Park. He added that it is his understanding that at one time the property owner tried to gain an access agreement from the City, but as yet there has not been one. Commissioner Stroud noted that the only plausible access through Dupree Park would be the main access, which is a public City access. In response to a question posed by Commissioner Stroud, Mr. Reid answered that regarding concession he only plans to offer soft drinks not hotdogs or hamburgers. He added that he does plans to have a party pavilion to accommodate birthday parties. Commissioner Stroud noted that there is a $1.00 entry fee to the Park during ball games, questioning how that would work for patrons planning to go to the go-cart course instead of the ball fields. Mr. Reid pointed out that there is a gated road that is not currently being used that would be a perfect access. He stated that he was hoping to obtain that access or work out some other access. Commissioner Stroud mentioned concerns for patrons paying the entry fee versus free entry if patrons are visiting the proposed go-cart track. Mr. Reid stated that he hoped monies the City would collect regarding sales tax would off-set uncollected park fees, pointing out the benefit of bringing a family oriented business to Jacksonville. He stated that he believes his establishment would go hand in hand with current operations of the Park. He then addressed flood plain concerns, stating that the three acres above the flood plain is where he proposes to construct his building. He added that the track is concrete and metal so there would not be a problem. Alderman Stroud mentioned concerns regarding concessions, explaining that Park and Recreation Commission has an agreement with Pepsi. He noted that the softball/baseball venues are the biggest contributors back to the Parks and Recreation, adding his concern regarding a retail entity in direct concessions competition with the Softball, Baseball and Soccer Associations. He stated that concessions are one of the main funding mechanisms to support those programs. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. Mr. Reid stated that he would like to offer concessions, but does not care whether the City of Jacksonville or he offers it. He explained that there is not much profit in concessions because he pays .87 per coke, which he sells for a $1.00. He stated that if concessions are the only concern pending approval, concessions are not a problem. Vice Chairman Perry offered that Mr. Reid could offer Pepsi products regarding concessions, noting that otherwise patrons would have to walk across to the baseball field, adding that there are a lot of times during the year that the baseball field would not be open. He stated that he believes issues can be resolved. Commissioner Stroud introduced concerns regarding traffic into the Park during baseball season from 5:30 p.m. to 8:00 p.m., pointing out that traffic is literally lined up to the main Highway. He then reiterated that he is still having trouble overcoming the entry fee dilemma and the delay to find out which patrons are going to what venue regarding charge of the entry fee. He stated that it would create more congestion in that particular area, pointing out that such concerns were address previously regarding safety issues. Mr. Reid stated that he is not sure exactly where the easement was offered previous, but believes it is next to where the road is now. City Engineer Whisker noted from Planning Commission minutes in 1996, regarding a previous same use request for the property that the owner was asked to arrange with the Parks and Recreation Commission an agreement regarding refreshments and access. He went on to say that his understanding is that the offer for an easement was strictly along the outside of the apartments located easterly from the freeway. He explained that it as a 20 or 30 feet easement going directing behind the apartments all the way down to the freeway then left going parallel to the freeway into the property. He stated that any sort of conditional use permit granted should be contingent upon an access agreement with the City. Mr. Reid stated that no matter where the access is granted he believes the same concerns previously mentioned by Commissioner Stroud would still exist. He stated that access difficulty is a major deal breaker for him, pointing out the tremendous costs to develop an access going all the way around to gain access to the property. Commissioner Stroud reiterated concerns for differentiating patron charges regarding different venues; traffic congestion and the time it will take for patrons to explain what venue they are visiting. He suggested that the item be tabled in lieu of developing a more agreeable access plan. He suggested that Mr. Reid might be able to refund a $1.00 to his customers for paying the Park entry fee. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. Mr. Reid stated that he feels the sales tax collected should outweigh any revenues lost from the front gate. He addressed safety issues saying that he did not feel there would be a greater safety factor. Commissioner Stroud reiterated safety concerns regarding congestion of increased traffic. Discussion ensued regarding access options and parking options. Mr. Reid offered to construct the parking lot behind his facility, which would deter patrons from using his parking lot if they are going to the ball fields. He stated that he is willing to be flexible, adding that he needs to get the conditional use and then the easement can be examined. Discussion ensued regarding actions of the Planning Commission in 1996 regarding the property. City Engineer Whisker clarified that the item was tabled and the petitioner went to the Parks and Recreation Commission to gain access before being granted a conditional use permit. Commissioner Stroud stated that he would be in favor of tabling the item for 30 days pending further consideration. He stated that he did not feel it to be prudent to grant a conditional use permit contingent on other considerations. Mr. Reid stated that the reason he began this process early, regarding opening in March of next year, is because he has plans for his old go- cart tracks. He expressed that there was a lot of preparation work regarding financing and plans. He stated that he would like to get the conditional use and then work access out with the Parks and Recreation, adding that he would like them to know that he is coming with the approval of the Planning Commission. Commissioner Stroud related that he feels traffic implications should be examined more closely before granting the conditional use. In response to a question posed by Chairman Perry, Mr. Reid related st that his lease for the track in Sherwood expires December 31 and he is in the process of renegotiating. He went on to say that he was under the impression that the lease would not be renewed, adding that even if he does keep the track open in Sherwood he would still put the miniature golf and batting gages in. He explained he can be self supporting with both, adding that it is obvious he would not want to put in a go-cart track when he has one paid for, making money in Sherwood. In response to a question posed by Commissioner Stroud, Mr. Reid related that the business is seasonal and is usually open from sometime in February to sometime in November. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. In response to a question posed by Commissioner Young, City Attorney Bamburg stated that under conditional use for R-0 and R-1 there is a specific provision for commercial recreational facilities located on property adjacent to Dupree Park. Commissioner Young stated that he feels it to be a perfect mix as far as zoning, adding that restrictions could be applied before it is finalized. He stated that his opinion would be to go ahead and approve the conditional use based on negotiating an access with the City. City Engineer Whisker offered that in granting a conditional use, the Commission may want to state any contingencies upfront because that is when the use becomes permitted. He added that the Commission may want to consider input from the Parks Commission regarding any unanswered questions. Mr. Reid stated that he understand that if he is granted a conditional use it would be specifically for that use, and that if he wanted to do something else he would have to come back before the Planning Commission. He stated that he would like to get approval as soon as possible. Commissioner Stroud moved to table the item for 30 days pending access agreements. Commissioner Young reminded the Commission that a conditional use involves zoning and not easements, plats or accesses. Motion died for lack of a second. Commissioner Young moved, seconded by Commissioner Stroud to approve a conditional use for a recreational facility on property adjacent to Dupree Park, stipulating that access and easement considerations to the property be approved by the Parks and Recreation Commission and City Engineer Whisker. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. PRELIMINARY/FINAL PLAT Bridgefield Estates Phase II Mr. Tommy Bond represented the Final Plat, pointing out that the subdivision is located outside the City limits. He added that since all the tracts are greater than five acres there is a question if the Planning Commission needs to approve it. He explained, however, that the Circuit Clerk needs approval from a Planning Commission before recording the subdivision. He related that the property is located near Fortson and Peters Roads and that presently two homes are under construction in Phase I of the development. He related that Phase II is off the main road approximately ¼ of a mile to the south and is approximately 140 acres consisting of 25 tracts varying in size from slightly more than 5 acres to as much as 21 acres. He related that 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. a 60-foot bridge is planned to cross the creek. He stated that the water system would consist of a 6” waterline, which has been approved by the Health Department, and that the developer is in the process of getting prices to construct that. He noted that the subdivision would have private roads including the bridge. He related that he felt City Engineer Whisker’s deepest concern is that none of the improvements are in place. City Engineer Whisker agreed, saying that he had explained to Mr. Bond that a preliminary plat would be no problem regarding undeveloped improvements. He pointed out that the owner should not have a problem dividing and selling greater than five-acre tracts by state law regarding metes and bounds. He added that if the developer wants to plat a subdivision he has to meet subdivision requirements, which requires improvements to be in place. He voiced his concern for approving a subdivision that is not completed, regarding waterlines, the bridge and roads. In response to a question posed by Commissioner Young, Mr. Bond responded that to his knowledge the Fire Marshall has not reviewed the plans. He added that the water system has been reviewed by the Health Department and the subdivision does have two or three fire hydrants. He stated that City Engineer Whisker is correct the owner can proceed to sell the tracts without a plat, adding that having a plat makes everything cleaner. City Engineer Whisker agreed, but reiterated that before final plat approval is given improvements need to be in place. Mr. Bond pointed out that the property is a replat of the County Surveyors Subdivision filed in the 30’s or 40’s. In response to a question posed by Commissioner Young, City Engineer Whisker stated that a preliminary plat would not require infrastructure in place. He stated that the preliminary plat would be the Commission approving of plan and allowing the developer to begin the infrastructure. In response to a question posed by Commissioner Keaton, Mr. Bond related that the bridge construction should begin this week. He related that the County has approved the design of the bridge. He added that one of the issues is that the County is the flood plain manager for that area and the bridge has some impact on the flood plain. He stated that he believes all questions have been answered to the County’s satisfaction. He related that the creek has a drainage area at a point of 8,019 acres and that the County just constructed a new bridge on the same creek at Batesville Pike and Fortson Road. Commissioner Young moved, seconded by Commissioner Montgomery to approve the Preliminary Plat of the Bridgefield Estates PH II. MOTION CARRIED. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. b. FINAL PLAT Northlake Subdivision PH IX Item of business was withdrawn from the agenda per the request of the developer. c. FINAL PLAT Crooked Creek Subdivision PH I Mr. Tommy Bond reviewed that the Planning Commission had approved the preliminary plan approximately six months ago; he added that the paving has been completed and that water and sewer have issued letters of acceptance. He related that there are sidewalks in the subdivision, adding that the bill of assurance addresses the direction of houses on eleven lots to prevent homes using the 15-foot side yard setback as the front yard. He stated that one request from the developer is a 25-foot setback, noting a substantial savings to the homebuyer regarding utilities and driveway costs. Commissioner Stroud noted that when shorter front yard setbacks were discussed the proposed lots were 80-foot in width, asking if the developer would be willing to widen the lots to 80-foot for a 25-foot setback. Mr. Bond stated that he believes it to be too late to redraw the width of the lots because all utilities are in place. Vice Chairman Perry noted that dimensional variances need to be addressed by the Board of Adjustment, he then noted that discussion regarding 25-foot setbacks is scheduled later on the agenda. Corrected plats were provided to the Planning Commission showing the subdivision with 35-foot setbacks. Mr. Bond stated that he believes the subdivision will be a nicer development in Jacksonville, adding that it appears there is a great demand. He surmised that the lots would be developed in the next 18 months. He stated that Jacksonville has needed a development of this caliber for 20 years. He noted that the minimum in Western Hill is 1600 square feet and that all the homes constructed have been larger than the minimum. He stated that Crooked Creek would be 1400 square feet. He stated that the area has no flood plain problems or any drainage concerns. He commented that the subdivision will be a quiet area, close to the grade school and high school. It was also noted that the average size of the homes in Woodland Hills is approximately 1400 square feet, which was developed approximately 20 years ago. Discussion ensued and Mr. Bond related that the Oak Forest Subdivision across the street is being considered for development as a gated community, being more upscale than was previously proposed. In response to a question posed by Commissioner Keaton, Mr. Bond responded that the sidewalks along General Samuels have been constructed, adding that there is a sidewalk plan within the subdivision. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. City Engineer Whisker stated that the developer will have to bond for the sidewalk improvements and change the name of Lee Street, which is a duplicate street name and present a one-year warranty for the streets, but is otherwise this Phase of the Subdivision is completed. Commissioner Montgomery moved, seconded by Commissioner Keaton to approve the Final Plat of Crooked Creek Subdivision PH I with 35-foot front yard setbacks and subject to City Engineer Whisker’s approval. MOTION CARRIED. d. FINAL PLAT Cunningham Subdivision Petitioner Mr. Dave Cunningham of 8320 Warden Road, Sherwood distributed a new plat stating that the only change is the addition of an easement to the south side of the property and the inclusion of the surrounding property owners. Discussion ensued regarding the property being located off the access road north of Jacksonville. Vice Chairman Perry noted that the Final Plat has the name as being the Cunningham/Burnett Addition. Mr. Cunningham stated that he was not sure why the name appeared as such, adding that he was under the assumption that another buyer has made an offer on the remaining 14-acres owned by Mrs. Burnett. He stated that the real estate agent had informed him that the money received from the sale of property to him would be escrowed and used to install water. He stated that his offer is contingent on the installation of water. City Engineer Whisker related that the public waterline system ends at a meter box just north of Northwood Acres, adding at that point it goes into a 2” private line that parallels the frontage road, servicing Oakley Estates and the Church of Latter Day Saints. He stated that Oakley Estates is the owner of the private waterline and at this time they are not allowing additional water connections. He related that the private line is the only available water to the area. He stated that Mr. Cunningham’s problem in purchasing the property was getting water to his property. He related that Mr. Cunningham has obtained permission from the Health Department to dig a well and provide sewer by septic tank. He stated that while there are no public utilities to the property Mr. Cunningham wanted to final plat the property and was told that he would need to show that he could get water and sewer. He went on to explain that the main waterline that could service this area is on the other side of the freeway and would require a bore underneath the freeway in order to be tapped, which is why the waterline has never been tapped for property on the east side of the freeway. He related that the line runs up to Cabot and is also the line that services Oak Ridge Estates. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. In response to several questions posed by Commissioners, City Engineer Whisker related that both lots are outside the City limits and are not currently zoned. He then related that the 2” waterline does not go to the site, but stops at Northwood Acres and that it would be up to the owner to grant permission to extend and at this time the owner has not decided to grant permission. He then related that plans for an extension would also have to go through the Water Department. Mr. Cunningham then responded to the Commission, stated that he plans to open a used car dealership and the remainder of the property would be used for future expansion. He answered that he also has a dealership in Sherwood and that the only screening between his property and the church is a chain link fence. Discussion ensued regarding fire protection and it was noted that the property is located outside the City’s fire district and would have to be serviced by the North Pulaski Volunteer Fire District. City Engineer Whisker noted that the site plan still has to go before the Pulaski County Planning Board as a commercial site plan. Commissioner Lester moved, seconded by Commissioner Montgomery to approve the Final Plat of the Cunningham Subdivision as presented. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: a. Landscape Ordinance Commissioner Stroud noted that the draft ordinance included in the packet is the latest draft from Alderman Stroud removing the R-0 and R-1, adding that he had tried to work percentages for the remaining zones but was not able to come up with an acceptable formula. Commissioner Young stated that the sliding scale is a good idea in theory but falls short when applied across the board. He recommended changes under section three “landscape Design Plan”, to remove R-2, R- 4, and R-5, and to keep R-3 and R-7 (multi-family and manufactured housing parks) plus all commercial zoning. He added that that where it reads “that a landscaping design plan should consist of the following” and provides a list, that basically all that is needed is “a planting plan, material schedule showing quantities and irrigation and drainage plans”. He clarified that item (A) should remain. Item (B) should read “a detailed planting plan showing plant materials”. He stated that item (C) could be a plant material schedule including common names, quantity and sizes, adding that item (D) be left as is. He stated that item (E) should be a description of irrigation and drainage plans, and item (F) be left as is, omit item (G) and item (H) change to read “plan for utilizing screening, lighting, and fencing”. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. He then stated that under Section Five omit item (1), keep item (2). He related that under Section Six inapplicable zoning requirements regarding zones should be removed from requirements, and under Flexibility in Applying Standards remove items b, c, d, e, and f. He recommended removing item (b) of “Building landscaping” under Section Six and item (C) of Interior landscaping Requirements under Section Six. He lastly recommended that appendix D also be removed. Commissioner Lester moved, seconded by Commissioner Young to redraft the Ordinance and host a public hearing August 11, 2003 regarding amendments and final recommendation to the City Council. MOTION CARRIED. b. DISCUSSION Proposal for 25’ Front Yard setback for R-0 zoning It was clarified that Chairman Brannen requested the item. City Engineer Whisker clarified that the 25’ front yard consideration is for the zoning of R-0 and that other cities are using the 25’ setback. He stated that corner lots carry a 25’ setback for both sides of the street frontage. Vice Chairman Perry noted that there is little difference in the 35’ setback versus the 25’ setback, noting that economically it is feasible. City Engineer Whisker noted that a 25’ front yard setback would offer an additional 10’ to the rear yard, which might be appealing to families who utilize the back yard more. Commissioner Lester questioned if the minimum of a 25’ setback would be an option or requirement. City Engineer Whisker clarified that if the builder wanted to increase the front yard setback it would be an option. Mrs. Christy Hall of 4338 Amy Lane, addressed the Planning Commission questioning where else but the street can a family park a third vehicle. She stated that she felt parking cars in the street would offer a “junkie” appearance. She added that there would be a small amount of savings in the construction phase but then questioned if the builders would actually pass that saving onto the homebuyer. She explained that if you put two SUV’s back-to-back that are 17’ each in length you cannot with a 25’ setback have a sidewalk too. She stated that she appreciates Jacksonville having larger yards, adding that she did not choose to live in North Little Rock for that reason. She related that she likes North Little Rock because it has a lot to offer, but prefers the lots sizes of Jacksonville, which is why her family chose to live in Jacksonville. She pointed out that she has a larger lot for the same price as a smaller lot in North Little Rock. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. Commissioner Young agreed, pointing out that a house in his neighborhood has four cars in the driveway back to back; adding that it is the all the driveway can handle with a 35’ setback. He stated that he feels a 35’ setback looks nicer and that it offers a nicer line. Commissioner Stroud stated that in his opinion a 25’ setback is fair, adding that when his teenage sons purchased cars he poured an additional portion to his driveway to handle parking. He related that currently there are 35’ setbacks everywhere in Jacksonville, pointing out that main thoroughfare would remain at 35’ to keep everything uniform. He related that the only areas being proposed for a 25’ setback are interior streets within new subdivisions. He added that homebuyers would know going in that if they expand their family then they will either have to pour a pad in the driveway or build a double car garage. He stated that the 25’ setback is an incentive to encourage more upscale developments, and to aid developers in selling lots; which will bring in more developers. He stated that he felt a 25’ setback would be a positive choice. He added that he liked the idea of the sides being 25’ to square off corner lots, explaining difficulties for houses on corner lots. In response to a question posed by Vice Chairman Perry, City Engineer Whisker stated that a 25’ setback would not affect the Master Sidewalk Plan, the only affect would be that it brings the sidewalk 10’ closer to the residence. In response to a question posed by Commissioner Stroud, City Attorney Bamburg stated that the Planning Commission does not have the authority to change the ordinance but can make recommendations to the City Council to change the ordinance. He clarified that it is strictly a recommendation to the City Council which can be voiced through a letter signed by the Chairman or in the from of a draft ordinance. Commissioner Stroud asked to hear from other Commissioners. Commissioner Montgomery stated that personally he preferred the 35’ front yard setback, pointing out that it allows homes to be an extra 10’ away from the sidewalk offering more space and further distance from the noise on the street. Commissioner Keaton agreed, saying that he feels the 35’ setback has a better appearance, adding that the only benefit he could determine with a 25’ setback is the extra 10’ in the back yard for the children. Commissioner Lester stated that he prefers the 35’ setback, however, from an economics standpoint he is not sure if it helps the City. He agreed that parked cars on the street is not attractive within a subdivision, pointing out that it can make streets more difficult to navigate. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2003 7:08 P.M. – 8:35 P.M. Discussion concluded without formal action. ANNOUNCEMENT: ADJOURNMENT: Vice Chairman Perry without objection adjourned the meeting at approximately 8:35 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 12