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04 AUG 09.doc CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Susan Dollar, Kevin McCleary, Mike Traylor, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT three (3). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Larry Dupree, and Mr. Mike Clayton. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Traylor moved, seconded by Commissioner Montgomery that the minutes of the 12 July 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE of C-2 in a C-3 at the corner of West Main & North Municipal Drive/Petitioner Community Bank Chairman Brannen opened the public hearing at approximately 7:01 p.m. Mr. Ben Rice explained that a branch bank is listed as a conditional use for a C-2 zone. Chairman Brannen closed the public hearing at approximately 7:02 p.m. In response to a question posed by Commissioner Stroud, City Engineer Whisker stated that ingress and egress would be examined during the site plan phase of the project, which is later on the agenda and does appear to have a drive-thru. He added that he is not aware of expected traffic increases regarding the branch bank. Commissioner Stroud moved, seconded by Commissioner Montgomery to approve a conditional use of C-2 at property located at the corner of West Main & North Municipal Drive. MOTION CARRIED. b. REZONING of 900 Madden Road from R-1 to R-1 Petitioner Brad Medlock Chairman Brannen reopened the public hearing tabled from the July 12 Regular Planning Commission Meeting, at approximately 7:05 p.m. 1 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Representative Mike Clayton related that the item appeared before the Commission last month as a request to rezone the front 300’ adjacent to Madden Road. He noted that the property directly behind the requested property has a conditional use of C-1. He stated that the developer would like to continue with the same development scheme by constructing two quad-unit apartment buildings. He stated that the development concept would place the first building approximately 40’ from the setback with a brick wall leading from the driveway going north along the western line of the property. He related that the developer plans to plant Bradford Pear trees to soften the transition from single-family homes. He introduced a second development concept, which would create a 60’ X 100’ residential lot adjacent to Madden Road to address earlier concerns by the Planning Commission regarding the integrity of the neighborhood. He stated that in the second concept there would be a small brick decorative entrance to the apartment development. Mr. Rich Kopenowski of 2101 Linda Lane stated that his property backs up to the R-1 portion of the property proposed for rezoning. He pointed out that Mr. Wilson, Mr. Huston and Mr. Smith’s property also backs up to the proposed area. He related that three years ago the same property was proposed for rezoning but was denied, adding that the commercial portion of the property was then granted a conditional use. He related that at those meetings the developer had stated that he would not affect the R-1 portion of the property. He then related that he purchased his home 13-years ago and would like to see it remain single-family. He stated that he is sure that his neighbors feel the same. Mr. Robert Huston of 2603 Linda Lane stated that he and his wife oppose the continuation of more apartments. He expressed concern for property values, citing a list of present complaints regarding the existing apartments including noise, drag racing on th motorbikes, and the use of fireworks. He noted that on July 5 he had to call the Police at 11:00 p.m. because of fireworks. He related that without a fire lane the present development is a fire hazard and that the continuation of the development would endanger four additional houses. He related that his property has a 10’ rear yard easement, which to his understanding is his responsibility. He added that he does not feel that he should be responsible for an accident incurred by the apartment residents. He related that the apartment residents throw trash behind the complex. He related that he had moved to this area 18-years ago and took a $20,000.00 loss on their previous home sold because of apartments that developed in the area. 2 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Mrs. Geraldine New of 2413 Linda Lane related that she had previously been spokesman when the item came before the Planning Commission. She pointed out that the developer had then agreed to plant Bradford Pear trees as a buffer between the apartments and the single-family housing on Linda Lane but that the trees are not there. She continued that the developer had also stated that he would put in a playground, which is also not there. She expressed concerns for already congested traffic on Madden Road and questioned if an access would be provided from T.P. White Drive; adding that if not there would need to be a traffic light installed at the top of Madden Road. She asked that the Commission consider the item as if it were their own neighborhood. Chairman Brannen closed the public hearing at approximately 7:17 p.m. City Engineer Whisker reviewed that development had been limited to the commercial portion of the property regarding a conditional use. He stated that he was not aware of all the stipulations issued with the conditional use approval and was not aware if the Bradford Pear trees were planted. He then added that he was not aware of the specifics surrounding previous discussion regarding the playground. He stated that the biggest consideration he recalls is the sidewalk on Madden Road, which the City constructed. In response to a question posed by Commissioner Stroud regarding a playground, Mr. Mike Clayton stated that he believes there was discussion in the original application for a conditional use. He added that up to present, none of the apartment residents has had children, adding that Mr. Medlock does not see a need for a playground at this time. He explained that the residents of the complex are almost exclusively military with no children living in the complex at this time. In response to a question posed by Commissioner Stroud, Mr. Clayton stated that the R-1 lot would be proposed at the minimum residential lot requirement of 60’ X 100’, adding that the lot could be larger is necessary. Discussion ensued regarding lot size for a comparable sized home of that neighborhood applying proper setbacks, and Mr. Clayton then answered that the apartment buildings are approximately 60’ wide and face the interior street. He reviewed the plot plan, saying that the developer would be willing to place Bradford Pear trees at 15’ to 20’ intervals along Madden Road. 3 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Commission Stroud stated that he visited the site and commended the developer for an aesthetically pleasing development, adding that he did not view any trash around the apartments. He related that his only concern had been a turnaround for the fire equipment, adding that he would support the second development proposal to keep R-1 on the front of Madden Road. In response to a question posed by Chairman Brannen, City Engineer Whisker related that the end of the interior street was left open with gravel to provide an area for trucks to turnaround. He then answered that an access to T.P. White Drive would be up to the Arkansas Highway Department, explaining that they had purchased the adjacent property that fronts T.P. White Drive. He then answered that he believes the Fire Department has approved the turnaround currently on the property. Mr. Clayton offered that part of the turnaround concept includes the portion of driveway that goes back to the dumpster site. Discussion ensued regarding the steps necessary for the developer to split the front 300’ into R-1 and R-3 for separate development. In response to a question posed by Commissioner Dollar, Mr. Clayton stated that the concept of two buildings with four units each figured at 1.5 cars for each unit would in his opinion, not be a significant increase regarding traffic on Madden Road. In response to a question posed by Commissioner Traylor, Mr. Clayton stated that he could not answer why the development stopped 300’ from Madden Road. He added that he believes that the intention was to have commercial development continue to T.P. White Drive regarding several tracts zoned C-1. City Engineer Whisker demonstrated the residential and commercial tracts on a area map and noted that the original request was to rezone the entire tract including the R-1 that fronts Madden Road which was denied, so the developer returned with a new request for a conditional use of the commercial area for multi-family. He stated that it is his feeling that the Planning Commission felt R-3 would be the best use of the property at that time. Commissioner Stroud moved to accept the development concept that would retain the front 100’ as an R-1 residential lot adjacent to Madden Road with the remaining being rezoned to R-3 for apartment development similar to the existing development. MOTION DIES FOR LACK OF A SECOND. 4 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Commissioner Stroud moved, seconded by Commissioner McCleary to table the item of business until the next regularly scheduled Planning Commission meeting in September. ROLL CALL: Commissioners McCleary, Traylor, Stroud voted AYE. Commissioners Dollar, Montgomery voted NAY. MOTION FAILED. Commissioner Montgomery moved, seconded by Commissioner Traylor to deny the request to rezone 300’ of property addressed as 900 Madden Road. ROLL CALL: Commissioners Dollar, McCleary, Traylor, Montgomery voted AYE. Commissioner Stroud voted NAY. MOTION CARRIED. REQUEST TO APPROVE PLATS: PRELIMINARY PLAT Forest Oaks PH II Mr. Bond noted that the plat had been tabled at the previous meeting pending review from the utility Commissions. He related that both Commissions approved the Preliminary Plat contingent that lots not be sold until the sewer can be connected to the West Interceptor line and a waterline be constructed through the Subdivision to be tied into a new 10” waterline on General Samuels Road. City Engineer Whisker noted that the new sewer West Interceptor Line should be completed by year’s end and asked that any final plat approval be contingent on the sewer being able to be connected to the West Interceptor line. Mr. Bond added that the contractor for the West Interceptor line is also the owner of the Subdivision. Mr. Bob Williams concurred that sewer service for the lots in PH II cannot be hooked up until the West Interceptor is in place and the pump station is taken out of service. Commissioner Montgomery moved, seconded by Commissioner Dollar to approve the Preliminary Plat of Forest Oaks PH II stipulating that sewer and water meet with utility requirements as discussed. MOTION CARRIED. PRELIMINARY PLAT Base Meadows Addition PH I Pulaski County Representative Mr. David Jones reviewed that the Sketch Plat had been approved in March and now the developer is submitting Phase I of the development. City Engineer Whisker cited several issues of concern including a donation of 25’ of right-of-way along Hwy 107 for the future widening of that Highway and sidewalks along the outside of the 5 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 development. He noted that the front building line is proposed to be 25’, which should be revised to 35’ except in culdesac areas where 25’ is normally granted for front setbacks. He stated that there is also a difference of opinion regarding the sewer system. He explained that the developer is proposing to install a sewer package treatment plant, adding that his contention is that the sewer should be tied onto City sewer because it is on the Master Sewer Plan. He stated that it is also his contention that the package treatment plant would become too cost inhibitive for the residents to maintain, turning to the City for a solution. He added that any request should be accompanied by a request to annex into the City. Mr. Mike Marlar of Marlar Engineering stated that the sewer plant is designed to handle additional capacity, explaining that the required capacity is 70,000 gallons per day and that the proposed unit will have the capacity to handle 100,000 gallons daily. He then noted that the developer has added an additional, not required, element of a tertiary filtration at the end of the clarification process. He stated that the high quality effluent water from this type of process is not much different from the water from a faucet. He then noted that the current project being constructed by Jacksonville Wastewater would end 1.5 miles from the proposed Subdivision, adding there would be no way that the developer could construct sewer on property that he has no power to secure easements on. He added that the proposed sewer plan was basically approved at the March meeting. City Engineer Whisker introduced concerns not addressed in the bill of assurance regarding collection of operation and maintenance funds from the Subdivision residents. Mr. Jones stated that developer would operate and maintain the facility, adding that it would not have to be handled by a property owners association. Mr. Marlar added that in speaking with Mr. Mike Simpson of the Jacksonville Water Department it was felt that a billing method could be worked out with the City retaining a percentage of the funds collected. He stated that while it has not been approved it has been discussed as an option. City Engineer Whisker stated that if the development is using City services to collect funds they should also be using City Wastewater. 6 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Commissioner Stroud stated that according to the EPA, an extended aerated plant is a very good plant; adding that originally he had been excited about the development and having Wastewater tie on later. He added that in research he learned that the facility needs to be at least 100’ from all residential areas. Mr. Jones stated that the guideline is 100’ from any residential unit and that the facility would be over 100’ from any house. Commissioner Stroud then noted that if the plant is installed below ground it must have extension walls to prevent surface water infiltration into the plant. He stated that the proposed tract for the plant is basically in a ditch with a culvert, adding that if the plant were placed on the high side of the tract it would be even closer to the residential areas. He added that he also has problems with the fact that the plant has to be managed daily, and that adding the tertiary filtration will only create additional maintenance, requiring what he feels would be a minimum of 2 to 3 hours daily maintenance. He also noted that a road would need to be constructed to the plant because there would be no access from lots 9, 10 or 11. He read article 18 of the bill of assurance, saying that he did not find any mechanism for collection enforcement. He noted that Sherwood experienced a bad situation with the same type of sewer treatment situation in Indian Head Lake, which cost them approximately $400,000.00 to tie onto their city sewer. He stated that when the Sketch Plat was approved it was stipulated that the developer meet with the Wastewater Department to develop a plan that meets Code. He asked if they had met with the Wastewater Department to develop a plan that meets Code. Mr. Jones stated that the construction plans for the sewer internal to the development have been designed to meet all the requirements of the Jacksonville Wastewater Utility. He stated that the Wastewater Department has a set of plans that were submitted when the Preliminary Plat was submitted and is currently under review. He noted that City Engineer Whisker has received those plans along with plans for the package treatment plant. He stated that those plans show rerouting the drainage around the unit, adding that part of the unit will be underground. He stated that the maintenance and operation of the system would be the responsibility of the owner, adding that if he does not meet those responsibilities and the discharge does not meet ADEQ requirements then the developer would be charged $10,000.00 for each day that he is out of compliance. He stated that such a fine would be a substantial incentive to keep the unit working and functioning properly. 7 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Commissioner Stroud expressed that as a planner, the issue of it going into default must be considered. Mr. Jones stated that if the developer is willing to spend almost $300,000.00 building the treatment facility, he would certainly keep up the maintenance. Commissioner Stroud posed the question why not wait two years, wastewater would be available in the area, and the developer would not have to expend those funds to build a treatment facility. Mr. Jones pointed out that when the Sketch Plat was approved in March it was discussed that the City could not require the developer to tie onto City sewer because City sewer is not available within 300’ of the property. He stated that the approval of the Sketch Plan and use of the sewer treatment plant prompted Mr. Heslep to purchase the property for development. Commissioner Stroud reminded Mr. Jones that part of the approval stipulated that the developer meet with the Wastewater Department and develop a plan that meets Code. He reiterated his earlier question, has the developer met with Wastewater or Mr. Bob Williams to develop a plan. Mr. Jones acknowledged Mr. Williams’ attendance in the audience, saying that he does not believe that Jacksonville Wastewater Utility has any regulations or code with regard to a package wastewater treatment plant that it would not own or operate. He then added that the plans have been submitted to Mr. Williams. Mr. Mike Marlar stated that Mr. Williams was consulted in the past, adding that was the first thing they did when they were considering the property. Commissioner Stroud stated that it was discussed during the Sketch Plat phase that the Subdivision would have to eventually tie onto City sewer. He added that at the time Mr. Jones offered a conditional “yes” when it had been discussed. He stated it was requested that designs meet City Code because eventually there was a possibility that it would tie onto City sewer. Mr. Jones stated that Mr. Williams did receive the construction plans, which specifically stated all specifications and materials to meet the Jacksonville Wastewater Utility specifications. He added that the review has not been completed to his knowledge. 8 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Commissioner Stroud stated that he was concerned regarding the fee collection. Mr. Marlar pointed out that the motion of acceptance did not speak to a stipulation that the developer had to tie onto City sewer, if sewer were to eventually reach the development. He went on to say that the discussion was that it would be the developer’s decision at that time if it were feasible and ability were there, adding that it was not agreed absolutely that the developer would tie onto the City sewer. Commissioner Stroud stated that Mr. Jones had related that tying on would be a consideration at the last phase of the development. Mr. Jones agreed, pointing out that currently phase I is the only consideration. Mr. Marlar addressed access to the sewer treatment plant saying that a maintenance access would come from Hwy 107. He then added that drainage would be addressed to prevent any flow into the facility by placing the wall above ground. Commissioner Stroud asked if there were plans to place verbiage in the bill of assurance to ensure collection. Mr. Marlar stated that the developer would have no objection to working that issue out with the City Engineer, City Attorney, Wastewater and Water Department to their satisfaction. In response to a question posed by Chairman Brannen, City Engineer Whisker stated that at the time of annexation there would not be a requirement to hook onto City sewer. He stated that, to his understanding, if the developer is going to be required to hook onto City sewer it would need to be stipulated at this time. He related that one of the ways to achieve that would be to create a sewer improvement district, which would go to the Pennpointe Pump Station. City Attorney Bamburg clarified that if any part of the City sewer system is within 300’ of the Subdivision the City can require them to tie on. City Engineer Whisker stated that from a planning standpoint, the sewer of that area is on the Master Sewer Plan and if sewer is going to be required, now would be the time while the Subdivision is beginning development. 9 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Discussion ensued regarding letters of response regarding a sewer improvement district in the area and Mr. Bond related that the letters were sent to 80 property owners in the area, adding that the area in question was not included since it was not in the general area. He stated that there have been approximately 20 positive responses mostly from the Jackson Heights residents. Commissioner Stroud noted that an improvement district differs in that the funds are collected when property taxes levied. Mr. Jones stated that the developer is very interested in the th fact that the improvement district letter was mailed June 30 when everyone was aware that Mr. Heslep was purchasing the property but was never contacted about that issue. City Engineer Whisker pointed out that it had been discussed in March regarding contacting property owners. Discussion ensued regarding the formation of an improvement district and Mr. Jones stated that being familiar with improvement districts it would take at least six months to form an improvement district. He added that in addition there would need to be preliminary planning regarding cost, which would go to a bond attorney and the bond attorney would have to form the district that would then have to go to a bond council and a bond house to issue bonds. He stated that before the funds could even be in place it could take as much as eight months to a year, adding that even then it could take another four to six months before the plans are designed prior to being approved. He stated that ultimately it could take as long a two to three years before the project starts. He stated that the problem with that is the time line, adding that the developer is ready to begin. He stated that the Subdivision would be a nice development with nice residential homes. Commissioner Stroud stated that he could understand the issue of the time line, adding that his concern, as a planner, is that the City not be strapped with the possibility of having to construct the entire line to pick up a private sewer system that may not work. Mr. Jones stated he could understand those concerns, adding that his company has built five of the same systems for Arkansas Department of Parks and Tourism. He noted that the proposed unit is approximately the same size as built for Parks and Tourism, adding that there is no odor around the plant and that the effluent quality is better than what is already in streams. 10 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Commissioner Stroud related that he developed some reservations after consulting with planner Jim VonTunglen, saying that it is not something anyone would want in their backyard. Mr. Jones defended that the quality of effluent from the treatment plant as being of a higher quality than what is being discharged from septic systems. Commissioner Dollar moved to accept the Preliminary Plat of Base Meadows Addition PH I stipulating that the Subdivision be hooked onto Jacksonville water and sewer services, and that 25’ of right-of-way be donated for the widening of Hwy 107. Mr. Jones reminded the Commission that City statues specifically states that if the development is not within 300’ feet of sewer, they are not required to tie on. Commissioner Dollar related that she does understand that. MOTION DIES FOR LACK OF A SECOND. Commissioner Stroud stated that he would like to remind the Commission that where the sewage treatment plant is being proposed is not in line with the Master Wastewater Plan. He went on to say that the Master Wastewater Plan would collect around lot 120 close to the Air Base. He noted that it is not demonstrated on the Phase I portion of the plat but would be in the final phase plat of the development. Mr. Jones related that originally the treatment plant was planned for the lower part of the Subdivision around lot 120, adding that the Air Base objected to that plan so it was agreed to move it to the front of the Subdivision to satisfy the Air Base that it would not affect their property. He stated that to be the reason for the current proposed location, adding that they have been issued a permit for construction of the sewer system plant from ADEQ. In response to a question from Commissioner Dollar, Mr. Jones related that the Air Base had objected to the discharge going across their property. He noted that representatives from the Air Base were at the meeting earlier, and that he reviewed the current proposed plans for PH I with them and having seen that this phase does not affect the Air Base, they left the meeting. 11 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Mr. Murice Green a resident of the neighboring subdivision Jackson Heights, expressed concerns regarding the setbacks of the proposed Subdivision from the Air Base property line and water pressure problems. He noted that since Jackson Height is on a septic system, the residents are well aware of the types of problems experienced with that type of system. In response to a question posed by Mr. Green, Mr. Jones demonstrated that the proposed treatment plant would be located close to Hwy 107. Mr. Green then expressed concerns for drainage problems already being experienced by some of the residents in Jackson Heights. He questioned how the development would affect run-off areas to Jackson Heights or the Air Base. He stated that most homeowners purchased in the area because most of the surrounding areas are pastureland or woods, questioning if a privacy fence would be constructed between the new development and the existing homes to ensure some kind of privacy. He then questioned the material for privacy fence and the size and type of construction planned for the homes as well as the average lot size. He then questioned the boundary lines with regard to fence placement between the two subdivisions. He noted that most subdivisions developed just outside the City limits are annexed, so that property owners can have fire and police protection. He concluded saying annexation should be a factor in considerations for development. Mr. William Webb of 5006 Madison Avenue related that he has lived in the Jackson Heights Subdivision for approximately 20 years. He related that while he pays high taxes he does not have sewer. He recalled instances regarding the development of Jacksonville over the past seventeen years, citing issues of poor drainage in the Indian Hills Subdivision, a “dangerous” intersection at Madden Road and the creation of a wetlands beside the new Wal- Mart. He went on to say that commercial and apartment development “killed” the Stonewall Subdivision and the overpass “killed” the Graham Road area. He added that traffic considerations, flooding and the one-way bridge “killed” the North Lake Subdivision, adding that Penn Pointe was developed when Main Street was extended. He stated that when developments are scattered it cost him money in tax dollars. He stated that the minimum habitation according to the law is 1250 square foot for homes, and the development is being proposed to have 1400 square foot homes. He questioned why Pennpointe Subdivision was granted water and sewer on the same side of the road while 12 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Jackson Heights was not allowed to use an abandoned waterline for sewer. He went on to say that the development method approved by the City has “killed” many developments. He stated that Base housing is inside the City limits, raising the question that the development may be within 300’ of Base housing. He stated that the City charges the Air Base a flat rate water fee and repeatedly there were rumors that the Base was going to close because the sewer bills were outrageous. He related that he researched Base Meadows on the Internet and it did say that residents could be charged for the system. He went on to cite other developments in Jacksonville that he felt were “killed” by the Planning Commission regarding regulations. He went on to say that the first developer could change his pear trees if he wants that there is no law to stop him. He stated that by Law the system would be checked by either the County or the City at least once or twice annually. He stated that he does not support the proposed minimum square footage of 1400 square feet being the same as a 9 X 12’ rug above minimum human habitat. He stated that it would be low rent. Chairman Brannen stated that Jacksonville has experienced good growth and has excellent residential areas. Chairman Stroud stated that originally when the Sketch Plat was presented he was ok with the development, adding that since that time he has researched the EPA standards and the extended aeration plant was the best of all choices but City Engineer Whisker has informed us that we should stay with the Master Wastewater Plan. He stated that the Master Plan shows a collector around lot 91 (formally lot 120) and that it is his opinion that an improvement district would be the best avenue for development. Commissioner Stroud moved, seconded by Commissioner Montgomery to table the project until Wastewater has facilities close enough to where the development can connect. Mr. Jones asked that the Commission consider the regulations that are in place, adding that the Code states that the sewer has to be within 300’ for a subdivision to connect. He stated that he did not believe the motion would be valid according to the Codes. He added that the Code also provides that a developer can ask for approval of the Preliminary Plat subject to the review of the construction plans and that is what they are asking for at this time. He continued that they are asking to be able to continue through the process without being held up when the developer was 13 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 assured during the Sketch Plat presentation, which did not change Phase I. He added that now the developer has purchased the property and the Commission is saying that he cannot develop the property in the manner that was approved during the Sketch Plat. He stated that he believes this to be an injustice to the developer. Commissioner Stroud pointed out that should a Planning Commission give away a Preliminary Plat they would loose control, adding that he does not want the Planning Commission loose control of this by allowing a Preliminary Plat before sewer becomes available because City Engineer Whisker is correct. City Engineer Whisker questioned if the motion was stated that Wastewater would bring sewer to the development, adding is it my understanding that you want the City to pay for that. Commissioner Stroud answered no, adding that he wanted to table the Plat. He related that he had mentioned that a private citizen has already started an improvement district and that he believes that the developer would be well served to spearhead that event. He went on to say that he believes this project should be tabled until wastewater is to a point where they can connect. He stated at this juncture, we are piece milling and the possibility of laying a burden on the City is a chance the Commission should not take. Mr. Jones asked for clarification of the motion. It was clarified that the project is to be tabled until the developer has the ability to connect to Jacksonville Wastewater system. Mr. Jones stated that to his understanding the motion was until Wastewater made facilities available to the property. He added that the motion was seconded. City Attorney Bamburg stated that he did not believe that to be the motion, saying that he has until sewer was in place, adding that there was not a designation as to who provided it. In response to clarification of the motion regarding who he is designating to have sewer in place, Commissioner Stroud answered Jacksonville Wastewater Department has it in place. Further clarification ensued and Commissioner Stroud stated that the motion is until wastewater gets to where they can connect. 14 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Chairman Brannen asked for verification of the second to the motion. Commissioner Montgomery verified that he seconded the motion. Mr. Jones clarified that “the City of Jacksonville will being wastewaters to our development.” City Attorney Bamburg asked Commissioner Stroud if that was his motion. Commissioner Stroud stated that is not his motion. Commissioner Stroud withdrew the previous motion. Mr. Jones stated that as a point of order in Robert’s Rules of Order, that there has been a motion, which has been seconded, and that he believes that it either has to pass or fail at this time before the motion can be rescinded. City Engineer Whisker offered that he believes what Commissioner Stroud is after is for them to connect to our sewer system in order to build this subdivision. Commissioner Stroud agreed. City Engineer Whisker stated that was what he understood, adding whether they build it all the way down to Pennpointe or create a sewer district of some kind, not City of Jacksonville itself brings the sewer all the way up to them. Commissioner Stroud agreed, adding that is why he eluded to improvement district handled by Bond Engineering. Commissioner Stroud amended his motion to table the Preliminary Plat of Base Meadows Additions PH I until such time as sewage or wastewater has facilities available for them to connect. Commissioner Montgomery stated that he would not seconded the motion. MOTION FAILS. Commissioner Dollar noted that outside of the larger issue, there are still a number of smaller issues that are outstanding. City Engineer Whisker then related that the other issue was water, explaining that the Water Department wanted assurances that the residents would get 1,000 gallons per minute. 15 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Mr. Jones stated that they have run the calculations and that is possible with the water that we are tying into. It was noted after running the hydraulics that they do get a thousand per minute, well over 20 pounds close to 40 pounds of pressure at that flow rate. Commissioner Dollar stated that her previous motion was to accept the Preliminary Plat condition upon sidewalks, 25’ along Hwy 107 being donated to the Arkansas Highway Department and connecting to Jacksonville Wastewater however that is done. She agreed with City Engineer Whisker, saying that she could see problems in the future for Jacksonville. Commissioner Dollar moved to accept the preliminary plat of Base Meadows Addition PH I contingent upon 5’ sidewalks being developed along Hwy 107, 25’ of right-of-way donated along Hwy 107, building lot lines at 35’ except in culdesacs, and that water and sewer be hooked to Jacksonville services, and annexation into the City. MOTION DIES FOR LACK OF A SECOND. Commissioner Stroud moved to table the item of business until the next regularly scheduled Planning Commission meeting in September. Chairman Brannen questioned if there was additional information needed for the next meeting. Commissioner McCleary seconded the Motion. Mr. Jones requested to make a statement if the item is still open for discussion. City Attorney Bamburg stated that the item is not open for discussion at this time, adding that motions to table are not open for discussion. ROLL CALL: Commissioners Dollar, McCleary, Traylor, Stroud, Montgomery voted AYE. (0) NAY. MOTION CARRIED. Mr. Jones asked if he could request the reasoning for tabling the item. He added that they need some idea of what they need to bring back next month. Commissioner Stroud related that they would need to work on the bill of assurance regarding item 15, explaining that it should not state that everything is being sent to the Sherwood Planning 16 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Commission, adding that he would like to see a provisions that ties the howmeowners more toward having to pay for sewage that you are putting in. He added that he would like to see the road or access to tract A and a plot of where the sewer treatment plant would go onto Tract A, that would keep it far enough away from the residents to be safe and that he would like to see a berm or some kind of drawing to show how the unit will be kept above or out of flood waters. c. PRELIMINARY PLAT Dawkins Commercial Addition Lots 1F, 2F,& 3F Mr. Robert Brown of Development Consultants stated that he is representing the David Dawkins Trust. He related that the property is at the corner of Main and Marshall across from City Hall. He stated that there has been interest in the vacant property and the Planning Commission previously approved a preliminary plat. He noted that the corner parcel just approved for a conditional use is part of the development site. He then related that his firm is very close to leasing the portion shown on the plat as lot 2, which is the reason they have prepared a new preliminary plat. He noted that the street layout has been slightly revised. He then explained that the property is approximately 7.5 acres, noting that lot 2 is larger than desired and would be revised for final revisions of the Preliminary Plat, showing four lots in the subdivision. He related that they are proposing to extend Municipal Drive north with a 36’ wide street and 60’ of right-of-way, which is a collector class street. He then related that they would also build a street from Marshal Road south of the Waffle House property connecting to the newly extended Municipal Drive, adding that it would be a 30’ wide street with 50’ right-of-way. He noted that the developer would build all street improvements, adding that they would like to proceed with the Commission’s approval of the Preliminary Plat. He stated that the street and drainage plans are being worked, adding that there is a sewer line relocation on the front of lot 2 and that there are no water line extensions required. He noted that fire hydrant locations would be added and that a signal design is being prepared by the developer’s traffic engineer for the intersection at Municipal and Main. He added that per previous discussions, the City is proposing to implement the traffic signal improvements, given that the developer build all the street improvements. He related that he did file a final plat request along with the preliminary plat but is asking that the final plat be withdrawn at this time. He noted that it would be resubmitted for the next meeting. City Engineer Whisker questioned the revisions regarding lot 2. 17 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Mr. Brown stated that currently Lot 2 is shown as having 2.4 acres and would be redrawn to show two lots at approximately 1.4 and the other lot slightly over 1.0. City Engineer Whisker noted that approval of the preliminary plat should be contingent upon full plans being submitted for the Water and Wastewater. He added that he does believe that sewer has seen parts of the plan, and has approved the preliminary layout as shown earlier. Mr. Bob Williams clarified that the Sewer Commission has approved the sewer line relocation to enable construction on the property. He stated that a preliminary plat for the relocation of the line from the Waffle House around the corner of Marshall and Main was brought to the Sewer Commission in June. He noted that any other proposed extensions or relocations would have to be brought before the Sewer Commission for approval. City Engineer Whisker related that he believes water service is already on the properties. Commissioner Montgomery moved, seconded by Commissioner Dollar to approve the Preliminary Plat stipulating approval from the Sewer and Water Departments. MOTION CARRIED. d. FINAL PLAT Clover Ridge PH I North Mr. Tommy Bond related that the Commission had approved the Preliminary Plat approximately six months ago, and the developer has received approval from the Water and Sewer Commissions. He noted that the asphalt work for street construction is scheduled to begin in the morning and should be completed prior to the next regularly scheduled City Council meeting. City Engineer Whisker concurred with Mr. Bond’s comments, adding that the developer has submitted a performance bond regarding sidewalk construction. Commissioner Dollar moved, seconded by Commissioner Montgomery to approve the Final Plat of Clover Ridge PH I North contingent that th street improvements be completed by the August 19 regular City Council meeting. MOTION CARRIED. e. FINAL PLAT Clover Ridge Subdivision Tract “C” Mr. Bond noted that the development began approximately ten years ago, and answered that the some of the front setbacks are greater than 35 feet. He then noted that the City of Jacksonville owns 18 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Lots 9 – 17 directly in front of the Wastewater Utility. He noted that the road shown on the plat is the road that leads to the Wastewater Utility. He explained that the Utility purchased the lots to prevent homes from being built in front of the plant, adding that it was his understanding that the former City Engineer would take care of the necessary paper work for the City. He stated that the proposal is to clean up the paper work regarding the subdivision. He related that homes already on the lots are manufactured homes sold under contract, noting that most of the homes are situated on two lots each. In response to a question posed by Chairman Brannen, Mr. Bond related that there are approximately eight or nine different owners of property in the Subdivision. He stated that the reason the Subdivision is before the Commission is because the contracts are paying-off and the buyers are requesting clear deeds to their property. City Attorney Bamburg raised the question of Mr. Tommy Dupree requesting final plat approval for property that he no longer owns. Mr. Bond answered that while the plat was drawn for Mr. Dupree there are signature lines for each of the separate property owners. He noted that if the plat is not approved by the Planning Commission the property would have to be transferred by metes and bounds descriptions. City Engineer Whisker raised the question regarding subdivision regulations of curb, gutter and drainage systems, adding that as a minimum there is $43,000.00 required for sidewalk along the road that leads to Homer Adkins Elementary School. He noted that the major question is would the requirements would be given the current development ordinances. Discussion ensued and the question was raised if the Commission could require improvements on an already developed subdivision of ten years. City Engineer Whisker added that he also has problems platting property when lot lines that have been crossed with development. City Attorney Bamburg stated that he has concerns regarding a preliminary that was approved ten years prior and a final not being presented in that time period. He added that he also has 19 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 concerns that the person asking to final plat the property is not the owner, or at least having signatures from the owners. He went on to say that the persons under contract could be represented by the owner. Mr. Tommy Dupree explained that the Subdivision was started in 1989, as an attempt to clean up the property. He noted that there were no builders interested in building houses that backed up to a wastewater plant at the time, adding that there was interest in mobile home placement. He stated that a plat was developed and approved subject to the utilities being tied into. He stated that the lots sold quickly and Mr. Duane Reel did not complete having the plat presented for final plat approval. He stated that the property was part of a trust bequeathed by his aunt, which is part of an estate that is being handled by an attorney in Little Rock. He stated that he is acting as a representative of that attorney. He stated that Wastewater Utility owns several of the lots and the Estate owns the remaining lots. He questioned if those are the signatures needed for the property to be final platted. City Attorney Bamburg clarified that all property owners involved should be included prior to the final plat process. He then reminded the Commission that City Engineer Whisker has expressed concerns regarding final plats being presented as built instead of in the planning stage. He noted that everyone is aware the lots are not being utilized as previously subdivided in the preliminary plat. In response to a question posed by Mr. Dupree, City Attorney Bamburg clarified that signatures of the contract purchasers would be necessary if they were filed as a matter of record with the County Clerks Office. Mr. Dupree related that there were not. Mr. Bond stated that he could not see an advantage for the Wastewater Utility to plat the lots they own. Mr. Dupree noted that the property is not five acres. City Attorney Bamburg stated that the Sewer Commission should be given the opportunity to address whether the lots need to be platted, adding that it is his understanding that the issue has not been taken to the Sewer Commission. 20 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Discussion ensued regarding the disposition of the property owned by Wastewater Utility and the five-acre rule for development. City Attorney Bamburg offered that technically the property would need to be platted. Mr. Bond noted that the entire parcel began as 5.9 acres. City Attorney Bamburg clarified that new preliminary and final plats need to be presented to the Planning Commission regarding an accurate subdivision of the property and lots. It was noted that Mr. Dupree would need to consult with the Sewer Commission regarding their intentions. Commissioner Dollar moved, seconded by Commissioner McCleary to table until the next regularly scheduled Planning Commission meeting of September for preliminary and final plat presentation. City Engineer Whisker stated that as a minimum requirement sidewalks should be requested since the property is in close proximity to an elementary school. City Attorney Bamburg noted that the terms and conditions for plat approval are as directed by current Code regulations. f. REPLAT: Jim Jez Commercial Development Mr. Josh Minton of Bond Engineering related that the property is a 40-acre tract of land located on the corner of Hatcher Road and Hwy 107, north of Gravel Ridge and south of Bayou Meto. He stated that the property is serviced by Central Arkansas Water and Gravel Ridge Sewer District. He added that the plans have been submitted to Pulaski County Planning, and that the County would be responsible for maintaining the road and drainage. City Engineer Whisker related that the entrance and exits are off Hwy 107 and that the subdivision not tied into Jacksonville utility services. Commissioner Montgomery moved, seconded by Commissioner Stroud to approve the Replat of the Jim Jez Commercial Development. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: Preliminary Site Plan Dawkins Commercial Addition Lot 1F 21 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. – 9:17 Mr. Bond noted that the item is submitted more as informational, adding that they would return later with a site plan. He noted that the Subdivision is platted and the property is under lease contract by Community Bank. City Engineer Whisker noted that there is a shared access between this lot and lot 2 of the Subdivision with a second shared access along Main Street. In response to a question posed by Commissioner Traylor, Mr. Bond stated that presumable there would be two accesses onto Main Street, adding that City Engineer Whisker had suggested that those accesses be shared. He noted that there would be only two accesses on Main Street between the stoplights. It was noted that there is approximately 400’ from the access to Main Street and Marshall Drive. Discussion ensued regarding traffic patterns within the development and it was noted that a site plan would return for approval request. GENERAL: ADJOURNMENT Chairman Brannen without objection, adjourned the meeting at approximately 9:17 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 22