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03 MAY 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2003 7:00 P.M. – 8:03 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, Lester Piggee, Mark Stroud, Mark Perry, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Alderman Smith, Alderman Stroud, members of the press, interested citizens, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Lester moved, seconded by Commissioner Perry that the minutes of the 14 April 2003 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): CONDITIONAL USE 101 North Elm Street/Daycare Facility Petitioner: Evangelistic Church Chairman Brannen opened the public hearing at approximately 7:01 p.m. Pastor Bollen related that the Church has operated a daycare for approximately three years, but recently found out that the zoning was not compatible with that use. Chairman Brannen closed the public hearing at approximately 7:02 p.m. City Engineer Whisker clarified that the Church property is zoned R-1, adding that the Jacksonville Municipal Code allows for residential homes to be used as a daycare with stipulations, adding that the code allows for conditional use for daycare in a commercial building. In response to a question posed by Commissioner Stroud, Pastor Bollen related that the daycare is licensed and state inspected. He stated that the daycare has been in operation for three years and they just found out that the zoning would require a conditional use. City Engineer Whisker related that the State is requiring that daycares provide proof of proper zoning or permission from the City to operate a daycare in a certain zone. He stated that zoning letters are being issued to the local daycare facilities, adding that when the City approved the daycare for operation there was an oversight regarding the proper zoning. In response to a question posed by Commissioner Stroud, Pastor Bollen stated that the daycare is a non-profit operation. Commissioner Lester moved, seconded by Commission Young to approve the Conditional Use of a Daycare Facility at 101 North Elm Street. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2003 7:00 P.M. – 8:03 P.M. REQUEST TO APPROVE PLAT(S): a. PRELMINARY PLAT Forest Oaks Subdivision PH I Petitioner: Mr. Jerry Smith Representative Mr. Tommy Bond noted that the Sketch Plat was before the Commission in March, adding that presently this Preliminary Plat presentation is the first phase regarding 28 lots along Harris Road. He stated that the developer plans to widen Harris Road and construct a sidewalk along Harris Road and the entrance street. He related that the Water and Sewer Departments have been supplied plans, adding that plans for sewer are based on the Wastewater Department implementation of the new outfall service line to replace the pump station. He stated that it is his understanding the line would be operational in one to two years. He added that based on the Wastewater Department’s future plans and the capacity of the pump station his does not feel there are any problems. Chairman Brannen noted that the Plat shows 25’ front yard setbacks. Mr. Bond reminded the Commission that six months earlier he had presented the concept of changing the required 35’ residential setback to 25’ as a matter of cost savings. He stated that Commissioner Stroud has expressed some interested in the concept. Chairman Brannen stated that a change in setback would have to be approved by the City Council by ordinance. Mr. Bond stated that a 35’ setback would not impact the lot size if a 25’ setback is not granted. He stated that the main issue is the increased cost to construct the house. Chairman Brannen stated that a 25’ setback could not be granted until it was approved by the City Council. City Engineer Whisker stated that Harris Road would need to be widened 18’ back of the curb with a 5’ sidewalk and a 3’ buffer between the sidewalk and curb. He addressed sewer issues, saying that he believes all parties are agreeable, with the exception of the Sewer Commission who has not voted yet to approve. He went on to say that the Wastewater Administration has reviewed the plans and his understanding is that they were agreeable. He stated that there was cause for concern but the Wastewater Department was not concerned to the point where they felt the project needed to be stopped. Mr. Bond added that the Sewer Commission would probably not allow additional phases until construction on the interceptor line is started. In response to a question from Commissioner Lester, Mr. Bond agreed that the subdivision would tie into Fair Oaks regarding sewer. He added that the Wastewater Department funded the difference to upsize the line through Fair Oaks from an 8” to a 10” when the subdivision developed with the concept that it would tie into this area. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2003 7:00 P.M. – 8:03 P.M. City Engineer Whisker clarified that there is a pump station at the corner of Jessica Court and West Main near Fair Oaks PH II, adding that the pump station is nearing capacity with the addition of 28 lots in PH I of Forest Oaks. He stated that the Wastewater Department is constructing a west interceptor line also known as a gravity line, explaining that the line will replace the pump station and provide equal service to all lots without problem. He noted that the west interceptor line is approximately one year away from construction, adding that they do not feel that the 28 lots will be built quickly enough to feed the pump station before it is turned off. He then pointed out that there is also a peak error factor involved, which make the calculations four times greater regarding the safety factor. It was noted that the Sewer Commission would be meeting at the end of the week. In response to a question posed by Chairman Brannen, City Engineer Whisker stated that none of the lots in PH I are in the flood zone. Mr. Bond stated that there is a zone A that is undefined, adding that it does not have an elevation on the plat and is not in the area of the houses, although it may affect the back lot line. He stated that zone A would be addressed during the next phase of the subdivision. City Engineer Whisker noted that zone A is located in the southeast corner. Mr. Bond than answered that his estimate would be that the subdivision would have three to four phases over the next five to ten years. Chairman Brannen responded to clarify that the R-1 zone carries a 35’ setback, adding that only R-1A has a 25’ setback according to Jacksonville Municipal Code. Commissioner Stroud asked that the Commission consider recommending legislation granting 25’ setbacks as an advantage for lots of a larger size regarding larger homes in upscale neighborhoods. Chairman Brannen noted that Forest Oaks is in close vicinity to other subdivisions that have a 35’ setback on Harris and General Samuels. Commissioner Stroud suggested that the homes that would front Harris Road be kept at 35’ setback and allow the homes inside the subdivision to carry a 25’ setback. He then noted that if the 25’ setback is used inside the subdivision the discrepancy would not be visible from the outside of the subdivision. Chairman Brannen stated that he felt the ordinance would need to be amended to allow for the 25’ setback throughout the subdivision. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2003 7:00 P.M. – 8:03 P.M. In response to a question posed by Commissioner Perry, City Engineer Whisker stated that he is not sure exactly what standard setbacks are used in surrounding cities. He recalled that Mr. Bond had mentioned that Cabot has changed to a 25’ setback. Mr. Bond stated that many of the cities use a 25’ setback, adding that Jacksonville has for many years had a 35’ setback. City Engineer Whisker offered to check with the Cities of Sherwood, North Little Rock and Little Rock regarding setbacks. Mr. Bond stated that the largest impact is on the homebuilder and the price to the homebuyer. He explained that the ten-foot difference in the setback is not going to change the lot depth by much, adding that it is seldom that a lot is less than 120’ to 150’ deep. He stated that the extra ten feet equates to as much as $3,000 in the final cost of a home. Discussion ensued and Mr. Bond noted that the Commission had granted exceptions from the 35’ setback in culdesacs over the years. Chairman Brannen reiterated that he is not opposed to the amendment, adding that it would have to be recommended by the Planning Commission to the City Council for adoption by ordinance to provide for consistency regarding development in Jacksonville. Commission Stroud stated that he felt a 25’ setback would be comfortable in a subdivision with wider lots, adding that this would offer an incentive for developers to create subdivisions with wider lots. He noted that any lots facing the outside of the subdivision in the vicinity of another 35’ setback subdivision would also carry a 35’ setback. He stated that he felt the ordinance should address lots facing 35’ setback subdivision as being stipulated to be 35’ at the perimeter. He stated that he felt the ordinance would offer an incentive regarding new development for a more up scaled subdivision. Commissioner Young moved, seconded by Commissioner Dollar to approve the Preliminary Plat of Forest Oaks Subdivision w/comments recommended from City Engineer Whisker to widen Harris Road by 18 feet, keeping setbacks at 35’ until an ordinance is passed by the City Council regarding 25’ front yard setback considerations. MOTION CARRIED. b. PRELIMINARY PLAT Heritage Park Subdivision Representative Mr. Bond stated the subdivision was located north of Graham Road on the east side, adding that there are 21 lots proposed. He stated that City Engineer Whisker has requested 10-foot of right- of-way off lot 21, adding that he feels that can be worked with a special dispensation on the side yard setback. He explained that the current width of the lot is 70 foot. He then noted that none of the 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2003 7:00 P.M. – 8:03 P.M. lots are located in the floodplain, adding that the storm drainage has been worked out. He then noted that the developer is going to build a 12-foot wide lane adjacent to the existing road. He noted that Loop Road was built on the north and east side of the right-of-way to accommodate the concept that eventually Loop Road would be widened to four lanes. He stated that the street proposed would be an access lane off of the main thoroughfare. City Engineer Whisker stated that he had discussed with Mr. Bond the installation of two streetlights, providing a 40’ right-of-way on Graham, and sidewalks on Graham and Loop Road. He then added that the proposed subdivision is not in the City limits, but that with Commission approval he is asking the developer to annex into the City. He stated that he had also discussed driveway sharing on Loop Road with Mr. Bond, making sure that there is a safe transition at the north end of Loop Road back into the north bound lane of Loop Road. It was then noted by both City Engineer Whisker and City Attorney Bamburg that the developer would need to submit a plan to have the subdivision zoned other than R-0 when annexed, which would have to accepted by the City Council. City Engineer Whisker also noted that 61-foot lots would fit guidelines for the R-1 zone. Discussion ensued regarding the standard of the proposed 12’ lane, as being 11’. Commissioner Stroud questioned the feasibility of a rear access into the subdivision with the houses still facing Loop Road. He clarified that the service road or alley would be behind the houses to provide rear access, diverting access from Loop Road. Mr. Bond stated that one difficulty may be visitors to the residences, pointing out that typically an alley is 10 to 12’ wide. He stated that rear parking on the lane to the rear of the house would be impossible because it would be an active lane. City Engineer Whisker suggested that if a rear access were developed a 10’ shoulder could be constructed in the front of the residences to accommodate visitor parking. Mr. Bond pointed out the proposed front access lane would not be an active lane used for travel north and south. He added that if both a rear alley and a front parking lane were constructed it would significantly increase costs. Discussion further ensued regarding the development of only the rear access and no front parking lane for available visitor parking. Commissioner Stroud suggested that residences with lots of visitors could build an extra driveway to accommodate visitor parking. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2003 7:00 P.M. – 8:03 P.M. Mr. Bond asked that the Commission bear in mind that the subdivision is planned as an entry-level homes, clarifying that the homes would be similar to Jordan Acres with an average cost of $75,000.00. He noted that Jordan Acres has been a successful development and stated that there has been a great demand for entry-level homes. He added that he is not sure of the acceptance of a rear alley entrance to homes. Commissioner Stroud stated that his concern as a Planning Commissioner would be that there are already homes with direct access to Loop Road, pointing out his concern regarding the addition of 21 more homes to a busy thoroughfare. He stated that if the alley is created it may deter problems later. Commissioner Dollar noted that the development could be designed with rear access and still be attractive and economical. City Engineer Whisker asked that the Commission allow him to research alleys, pointing out that over time alleys tend to end up with dumpsters, trash cans, electric lines, etc. He stated that he is aware of problems from the City’s standpoint associated with maintenance and sanitation retrieval. He then noted that the lane would be 12’ with a 10’ lane on Loop Road making 22’ or two 11’ lanes. He then noted that he did not feel the overhead electric lines in Jordan Acres is attractive for the neighborhood, adding that he understands that it is cheaper compared to costs to dig lines and lay plastic for underground electric. He mentioned problems with trees growing into power lines. He then related that if the zoning is changed to R-1, he would suggest having underground power lines. He added that damage from the ice storm supports underground power lines as the best solution. Commissioner Piggee moved, seconded by Commissioner Perry to approve the Preliminary Plat of the Heritage Park Subdivision, stipulating a 40’ right-of-way on Graham Road, sidewalks on Graham and Loop Road, a minimum of two streetlights, underground power lines, access tied from street back into Loop Road in a correct engineering manner, annexation before Final Plat w/ plan for R-1 zoning. Discussion ensued regarding the requested stipulation of underground power lines, Mr. Bond offered that the lots could be serviced from power poles placed at the rear of the subdivision, adding that the lots are 190’ deep. At this time, MOTION CARRIED. BUILDING PERMIT(S): a. SITE PLAN Tower Use Permit/111 James Street Chairman Brannen noted that the Tower Use Permit has been removed from the agenda per the request of the petitioner. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2003 7:00 P.M. – 8:03 P.M. b. PRELIMINARY SITE PLAN Walgreens Pharmacy/819 Main Street Representative Mr. Tommy Bond noted that details of the plan would be forthcoming in later plans, explaining that the developer wanted to submit a preliminary site plan regarding approval of the proposed accesses to the site. He related that the service station and the Goodyear store on Main Street is the proposed site for Walgreens. He stated that his understanding is that a portion of the Abdin property adjacent will be transferred to Mr. Daugherty to become a portion of the Walgreen’s property. City Engineer Whisker stated that the entrances are proposed to be as far as possible from the intersection on Main and Dupree. He noted that the entrance on Dupree has a double drive at the south end of the building to service a drive thru window. He stated that his only concern regarding land lines would be a possible lot split that he has not yet identified, leaving a gap between the south end of Walgreens property and an alley that runs parallel to the south line back through the block to Warren Street. He added that he felt those concerns would be addressed during the preliminary plot presentation. Mr. Bond stated that the property is part of the old West Jacksonville Subdivision, adding that he believes the corner of the property was once part of an out tract in the old subdivision. City Engineer Whisker noted that the property has been split many times in various ways. Commissioner Stroud questioned if there was a planned buffer regarding greenery between Walgreens and the tobacco store. Mr. Bond noted a dimension of 36’ from the adjacent lot. City Engineer Whisker noted that the distance between the Goodyear store and the adjacent lot to be 4’. In response to a question posed by Commissioner Stroud, Mr. Bond stated that he felt part of the plan would include greenery, but explained that to accommodate a proper radius the exit would have to be on Walgreen’s property and not the adjoining property. City Engineer Whisker stated that the City would want 40’ of right-of- way along Main Street on the south side. Discussion ensued regarding consideration for green space along Dupree Drive and Main Street. Other considerations were mentioned regarding trees and problems with the overhead power lines. Commissioner Young moved, seconded by Commissioner Piggee to approve the Preliminary Site Plan as submitted with recommendations for consideration for green spaces. MOTION CARRIED. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2003 7:00 P.M. – 8:03 P.M. c. METES & BOUNDS New Hope Apostolic Church/2620 West Main Mr. Jerry Strickland related that the Church is proposing to construct a 50’ X 70’ metal building addition onto the existing building. City Engineer Whisker stated that the New Hope Apostolic Church had received a 1’ side yard variance from the Board of Adjustment, adding that because it is a metes and bounds legal description the building permit would have to be approved by the Planning Commission. He noted that Captain Pope has not yet approved the plan, asking that the motion reflect that consideration. In response to a question posed by Commissioner Stroud, Mr. Strickland answered that the proposed addition would extend 50’ north and 70’ toward the west. He stated that future plans include a new sanctuary that will extend toward Main Street. He then answered that the proposed addition would have a rake roof and stated that consideration for proper drainage would be addressed. City Engineer Whisker requested 40’ of right-of-way adjacent to Main Street. Commissioner Perry moved, seconded by Commissioner Dollar to approve the building permit for 2620 West Main Street stipulating a 40’ right- of-way on Main Street with final approval from City Engineer Whisker and Fire Marshall Pope. MOTION CARRIED. GENERAL: Mixed Use Ordinance Chairman Brannen announced that the mixed-use ordinance would be rescheduled for the next regularly scheduled Planning Commission meeting in June. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 8:03 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 8