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04 FEB 09.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. SERVICE AWARDS: Mayor Swaim recognized Commissioners Mark Perry and Lester Piggee for their years of volunteerism to the Planning Commission each having served their terms limits. 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, Glen Keaton, Kevin McCleary, Mike Traylor, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT EIGHT (8), ABSENT ONE (1). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. John Harris, Mr. James Mongno, Mr. Jim Peacock, members of the press, interested citizens and petitioners. ELECTION OF 2004 OFFICERS: Commissioner Stroud moved, seconded by Commissioner Young to nominate Art Brannen to serve as 2004 Chairman of the Planning Commission. MOTION CARRIED. Commissioner Montgomery moved, seconded by Commissioner Young to nominate Mark Stroud to serve as 2004 Vice-Chairman of the Planning Commission and Chairman of the Board of Adjustment. MOTION CARRIED. Volunteering to serve from the Planning Commission as sitting members of the Board of Adjustment is Commissioner McCleary and Commissioner Montgomery. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Keaton that the minutes of the 12 January 2004 Regular Planning Commission meeting be APPROVED as presented. MOTION CARRIED. 2003 ANNUAL REPORT: Commissioner Stroud moved, seconded by Commissioner Montgomery to approve the 2003 Annual Report as submitted. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE of a crematorium located at 1504 Loop Road in a C-2 zone for Jacksonville Funeral Home Chairman Art Brannen opened the public hearing at approximately 7:06 p.m. Petitioner Mr. John Harris related that the request is to locate the crematorium in the Chapel Hill Memorial Park. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:07 p.m. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. City Engineer Whisker stated that the proposal is to have the crematorium located behind the Funeral Home on property in the cemetery. He stated that he is not aware of complaints from this type of uses in other cities. In response to a question posed by Commissioner Montgomery, Mr. Harris stated that he brought with him the equipment representative to answer any technical questions regarding emission or functionality of the crematorium. He related that the crematorium would be for one body at a time and could support up to a 1000 pounds. He then answered that the unit would take approximately two hours to cremate one person’s remains, adding that it would only be operated during normal weekly business hours. He then answered that the stack it not detectable, showing photographs of a crematorium that is planned to be the model for Jacksonville Funeral Home. He stated that in viewing operations in Greenbriar smoke from the stack was undetectable, adding that the only visible sign was the heat element. He related that the one operating in Greenbriar was virtually undetectable to surrounding neighbors. He then answered that there are no odors associated with the emissions. In response to a questions regarding emission, Mr. Harris noted that in comparison to a hamburger restaurant and a diesel truck, the hamburger restaurant has the worse emissions with the crematorium coming in with the least emissions. He stated that crematorium units have been refined over the years to address emissions and efficiency of operations. He then answered that an 8’ privacy fence would be erected around the perimeter of the building, screening the view from the church and school. Commissioner Montgomery moved, seconded by Commissioner McCleary to grant a conditional use to the Jacksonville Funeral Home located at 1504 Loop Road regarding the operation of a crematorium in a C-2 zone. MOTION CARRIED. b. CONDITIONAL USE of C-1 in a C-2 zone at 104 North First Street Chairman Art Brannen opened the public hearing at approximately 7:15 p.m. Owner Mr. James Mongno stated that Robinson Mortuary Services in North Little Rock is interested in leasing the property to be used as a prayer chapel for viewing remains and a consultation office. He stated that all decease preparations would be done at their facilities in North Little Rock. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:16 p.m. City Engineer Whisker stated that the property is located north of the new Main Street Bridge, adding that the building was formally used as a church. He then related that parking has not changed from when the 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. building was leased to the church. He noted that two buildings next to the property have been demolished, adding that parking will still be troublesome. He stated that the parking has been along North First Street in front of the building with some parking in the alley and some available to the side the building. Commissioner Stroud questioned if there would be any way to increase the available parking. City Engineer Whisker explained that when the Main Street Overpass was constructed and the buildings were demolished it did not affect parking but the situation is difficult. He then noted that the construction actually opened some parking in the area. In response to a question posed by Chairman Brannen, Mr. Mongno stated that there is room to park twenty cars behind the building. He then answered Commissioner Montgomery, saying the building would be used for visitation only. It was noted that a granted conditional use would only extend to the proposed use of the property. Discussion ensued regarding adequate parking and City Engineer Whisker stated that parking could be a problem if the visitations were full. In response to a question posed by Commissioner Stroud, City Engineer Whisker stated that he did not think the surrounding property would be suitable for reconstruction. Commissioner Young moved, seconded by Commissioner Dollar to grant a conditional use stipulating that the conditional use be extended only to Robinson Mortuary Services and that if the occupancy changes the use would revert back to its original C-2 use. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. REPLAT of Critter Hollow Subdivision Lot 5F Mr. Bond stated that Mr. Watson purchased Lot 5F of the Critter Hollow Subdivision and has now decided to purchase the adjoining lot and would like to replat the property. He stated City Engineer Whisker has recommended that the property be replatted to one larger lot. City Engineer Whisker stated that if the property were platted as a separate lot there would be curb, gutter and sidewalks requirements. He stated that the plat does not reflect a 7.5-foot easement, adding that the City would require the full 15-foot easement running north and south through the center of the property where the sewer is located. He then answered that the property is located in the flood zone, adding that the City is also requesting an easement along the back of the property to perform any required ditch work and an easement across the corner of the property. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. Commissioner Keaton moved, seconded by Commissioner Montgomery to approve replat as submitted provided that requested sewer and drain easements are provided to the City of Jacksonville. MOTION CARRIED. b. SKETCH PLAT Forest Oaks Subdivision Mr. Tommy Bond noted that the Sketch plat has been revised from what was previously submitted, adding that the main difference is the deletion of one of the two access onto General Samuels and the other being that all the lots on Harris Road have been taken out of the Subdivision. He related that the developer is proposing to make the Subdivision a gated community, adding that emergency access would be provided through one of several methods. He noted that it is understood by the developer that as a gated community the streets and storm drainage inside the gated area would have to be maintained by a property owners association or an improvement district, adding that is the reason for removing the lots that faced Harris Road. He noted that in the lower right hand corner of the development four lots have been reserved as a retention basin. In response to a question posed by Chairman Brannen, Mr. Bond stated that currently there is not another development located behind lots 57, 58, 59, and 60; adding that the property is under different ownership but could be developed in the future. City Engineer Whisker noted that the Sketch Plat features a 25’ building line and that the City requirement is a 35’ build line, adding that the retention basin is an excellent benefit because of the water coming north from Bushwood Estates and the Fair Oaks Subdivision. He related that because of gate cost the extra access onto General Samuels was deleted. He stated that the subdivision would have two accesses one from Harris Road and one from General Samuels to service a 180-lot subdivision. He noted that when the culdesacs were removed from the previous plan submitted it increased the cost of sidewalks for the north side of the subdivision. In response to a question posed by Commissioner Young, Mr. Bond explained that the retention basin would be a grassy field, adding that his calculations indicate that it would only flood 3’ in the worse case scenario. He stated that when it is not raining it would be a good area for children to play. He stated that safety factors regarding when the basin is full has not been an issue given other developments with the same feature. In response to a question posed by Chairman Brannen, Wastewater Department Manager Thea Hughes acknowledged that the West Interceptor line would handle the future growth of the Subdivision. Mr. Bond stated that there is one issue raised by City Engineer Whisker was the 35’ setback on corner lots. He stated that he felt part of the problem is the side yard setback and the alignment of adjacent lots. He stated that if a 35’ setback is required throughout 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. the subdivision it would mean that the developer would loose a total of six lots, approximating the loss to be $20,000 to $25,000 per lot, totaling a loss of $125,000. He stated that the developer would like to work with the Planning Commission for a compromise without have to go with a blanket 35’ setback. He answered Commissioner Dollar, saying that he would like to reduce the setback regarding lots 40, 41, 127, 158, 142, 143, 110, and 100, adding that it does not have to be decided tonight. City Engineer Whisker noted that a corner lot could have a 15’ sideyard setback. Mr. Bond stated that that would alleviate the problem and offered that the bill of assurance could define which street face is a sideyard regarding those lots, to keep a house from facing a 15’ setback. Commissioner Young stated that he was glad to see green spaces in the subdivision. Mr. Bond pointed out that an additional green area would be located behind lot 33, 26 and 25 where the drain from off the property comes onto the property. He stated that it would have sidewalk access from General Samuels Road. Mr. Bond then stated that he would like to readdress the issue of 25’ front yard setbacks. He stated that the cost savings does not mean much to the developer but it means something to the builder and proposed buyer. He stated that there is between two and three thousand dollars in costs regarding the extra driveway length, sidewalk and utility extensions from the street. He related that the buyer ends up financing the difference in the cost of the home. He stated that if the builder did not have to bear the expensive of adding the extra driveway, sidewalk and utility extensions then it is possible that he would add those dollars to improvements or amenities inside the house, offering the builder a more competitive edge. He related that Cabot, North Little Rock and Sherwood already have 25’ front yard setbacks. He stated that Jacksonville is at a slight competitive disadvantage because of the costs. He stated that he does not believe most people would realize a visual difference between a subdivision with 25’ setbacks and one with a 35’ setback. City Engineer Whisker mentioned considerations regarding a sidewalk between lots 95 and 96 and 125 and 124. Mr. Bond noted that there is a school located 400 feet north of the Subdivision and agreed that would be a reasonable consideration. Commissioner Stroud moved to accept the Sketch Plat of Forrest Oaks Subdivision as submitted with a waiver of 35’ front yard setbacks to 25’ front yard setbacks throughout Forest Oak Subdivision. MOTION DIED FOR LACK OF A SECOND. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. Commissioner Stroud stated that he has reviewed the last Census Report revealing that 85% of the Jacksonville population are high school graduates or more, adding that 52% has a college degree or higher. He stated that what that information tells him is that the population is a little bit more educated in Jacksonville and that there is a momentum and need for more upscale housing. He stated that regarding the class of workers, 76% are private wage or salary workers and that 32% hold sales or office occupations, 25% are management professionals. He related that Jacksonville has had the past perception of being a blue-collar town, but that the statistics show otherwise. He related that Jacksonville does have a population that would buy more upscale houses rather than move to Cabot if they were available. He noted that the width of lots in the Forest Oak Subdivision is 10’ wider than the normal 70’ lots, adding that a $250,000 home cannot be placed on a 70’ wide lot, adding that a 70’ wide lot limits the size of the house that can be fit on the lot. He stated that as a Planning Commissioner he feels developers should be offered an incentive to encourage growth of subdivisions with wider lots. He related that another reason he supports a 25’ front yard setback for this development is because as a gated community there are only two accesses and the clientele that will be going into a gated community are not interested in front yards but are more interested in back yards. He related that he feels a larger back yard would be another advantage for moving to a 25’ front yard setback. He related that he is aware from the Municipal Code that the Planning Commission shall have the duty and function of promoting the public interest in and understanding of the long-term coordinated municipal planning, adding that to him this is a long term ideal. He offered that reducing the building setback to 25’ for only this subdivision would offer an opportunity to evaluate its value over the next few years because it will take awhile for the subdivision to develop out. He added that if this development does succeed and upscale housing is moved from the $100,000 level up to the $250,000 level, the Planning Commission has an opportunity to set precedence and build from that. He related that is his reason for encouraging the Commission to go with a 25’ front yard setback. Commissioner Keaton stated that before approving a 25’ front yard setback he would like to view a subdivision with those setbacks. Commissioner Montgomery expressed his support of Commissioner Stroud’s sentiments, saying that he felt it to be a good idea. In response to a question posed by Commissioner Dollar, Mr. Bond offered that the Willow Subdivision in Cabot would be a residential development with 25’ setbacks. He then stated that the Willows subdivision has sidewalks, adding that there is no conflict with the shorter setback and the sidewalks. He clarified that the 25’ is measured from the right-of-way line of the street to the house so you have only gained 10’, which is not big enough to park a second car. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. He added that nearly everyone has a double driveway to park two cars side by side. He stated that he has not noticed any problem in Cabot with parking regarding a 25’ setback. Commissioner Stroud moved, seconded by Commissioner Dollar to accept the Sketch Plat with the 25’ setbacks as presented, stipulating the construction of sidewalks between lots 95 & 96 and lots 124 & 125. ROLL CALL: Commissioners Dollar, Young and Keaton voted NAY. Commissioners McCleary, Traylor, Stroud and Montgomery voted AYE. MOTION CARRIED. c. PRELIMINARY PLATS Forest Oaks Subdivision PH I and II Mr. Bond stated that the phases are set forth to divide the lots that have been approved for sewer from those that have not been approved for sewer. He noted that the south 15 lots number 1 through 15 are the ones that have been approved for sewer. He explained that originally 28 lots were approved for sewer, but has now been split into separate subdivisions. He noted that that the 13 lots pulled out to make a separate subdivision have been approved for sewer. He noted that Phase I consists of 15 lots from the original 28 lots approved for sewer. He added that Phase II consist of 16 lots and will follow when the West Interceptor line is available. Chairman Brannen noted that the lots along Harris Road show a 25’ setback, adding that he would like to see a 35’ setback along Harris Road. It was noted that the Plat of Oak Forest (13 Lots on Harris Road) would be addressed following the Preliminary Plat of Forest Oak Phase I. City Engineer Whisker presented a color-coded map of the entire development explaining the various phases and rephrases of the development as it has revised. He noted that when the developer changed his development scheme to a gated community he revised the subdivision and removed the lots facing Harris Road from the Forest Oak Subdivision because those lots would not be behind the gate. He related that the developer removed those lots to prevent the buyers from having to participate in maintenance cost of interior streets. He noted the red and blue area to be the 28-lots that were originally approved by the Water, Wastewater Department and Planning Commission. Discussion ensued and it was clarified that neither the Water nor Wastewater Department have formally approved the new development scheme and further that the numbering of the lots as well as a new subdivision name has changed regarding the originally 28 lots. City Engineer Whisker noted that lots in Phase I of Forest Oak were previously approved under the originally 28-lot approval and that none of the lots proposed in Phase II being presented for Preliminary Plat approval were previously approved by the Planning Commission, Water or 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. Wastewater Department. He went on to say that the problem with approving Phase II is that the sewer pump cannot handle the capacity until the West Interceptor line is connected. He then added that the Water Department only approved 28 lots because the water line stops short and that until it is looped and connected, the subdivision would not have adequate water pressure. Commissioner Stroud questioned if the Preliminary Plat of Phase II is approved, can the developer go ahead and lay the lines that would also allow Crooked Creek to continue its growth. City Engineer Whisker replied that the Water and Wastewater Departments would have to grant their approval in order to build lines that they would accept. In response to a question from Commissioner Stroud, City Engineer Whisker Crooked stated that Crooked Creek could not expand any further until the West Interceptor line is attached. Mr. Bond stated that all further development hinges on the completion of the West Interceptor line. Discussion ensued regarding a time line for the West Interceptor line and it was noted that the line could be completed in November baring any easements, catastrophes, or bad weather conditions. Mr. Bond stated that he and the developer are hoping to push the Commission on that, so they will not loose the ability to get plans and have something going this summer, to coincide with the development of the West Interceptor. Commissioner Stroud questioned that if the Planning Commission approves the Preliminary Plat of Phase II could the developer lay the lines so that when the West Interceptor comes in, then Phase II is already ready to connect. Mr. Bond replied that is what the developer hopes to do. City Engineer Whisker stated that he does not disagree with that plan, but reminded the Commission that the completion date for the West Interceptor line is at least nine months away. He noted that in the meantime the developer has to invest his money or money from a bank where he is paying interest while he is waiting for the City to connect sewer. He stated that it would be a large investment waiting for the City, in his opinion prematurely. Commissioner Stroud pointed out that it is the developer that is willing to plat the property and invest. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. Mr. Bond stated that for all practical purposes Phase II is in, saying that the sewer and water is in, but the street has not been completely constructed yet. City Engineer Whisker stated that with the utilities not accepting Phase II yet, he would have a hard time with the Planning Commission approving something that both utilities have not looked at and approved, especially regarding the construction. He stated that the perfect scenario is that the developer finish the subdivision and final plat it on the day that the West Interceptor line is being connected so that no money is lost altogether. Mr. Bond stated that the developer does not have a problem waiting for the final plat to coincide with the West Interceptor. Commissioner Stroud pointed out that the final plat would have to be approved before any building could occur which affectively the Planning Commission is just giving the developer the “ok” to begin whenever they want. Mr. Bond added with the understanding that the water and sewer are not accepted. City Engineer Whisker added that water and sewer has not accepted the construction. City Attorney Bamburg clarified that water and sewer have not granted their acceptance. In response to a question from Commissioner Montgomery, City Engineer Whisker stated that approval for Phase I (the blue area) was previously approved under a different development scheme by the Planning Commission after being accepted by the Wastewater and Water Departments. Discussion ensued and it was clarified that the lots that had received previous approval were the 15 lots currently being proposed in Phase I of the Forest Oak Subdivision and the 13 lots now being offered in the Preliminary Plat of the new subdivision Oak Forrest (lots facing Harris Road). City Engineer Whisker clarified that the proposed Phase II of Forest Oak Subdivision does not have utility approval yet. In response to a question from Commissioner McCleary, City Engineer Whisker stated that the Water and Sewer Departments have both previously approved the blue area (phase I of Forest Oak) and the red area (the 13 lots facing Harris Road newly subdivided as Oak Forest subdivision, later known as Maple Wood Subdivision) 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. City Attorney Bamburg clarified that from his understanding, the Water Department has not re-approved the 13 lots facing Harris Road (red area currently known as Oak Forest, later known as Maple Wood) or Phase I of Forest Oak (the blue area). He related that both areas were approved previously submitted under a different development scheme, adding that the yellow area (Phase II of Forest Oak) has not been accepted by Water or Sewer. City Engineer Whisker agreed saying that only the sketch plat has been approved under the new scheme. It was suggested that the Planning Commission not formally act on the Preliminary Plat Phase II (yellow area) of Forest Oak at this time. Commissioner Stroud moved, seconded by Commissioner Montgomery to approve the Preliminary Plat of Forest Oaks PH I with a waiver of 35’ front yard setbacks to 25’ front yard setbacks. ROLL CALL: Commissioners Dollar, Young, Keaton and Traylor voted NAY. Commissioners McCleary, Stroud and Montgomery voted AYE. MOTION FAILED. Commissioner Stroud stated that it seems odd to him that there would be any objection to the 25’ setback when it was just approved under the sketch plat. Commissioner Stroud moved, seconded by Commissioner Montgomery to accept the Preliminary Plat of Forest Oaks PH I with a 25’ front yard setback variance and sidewalks. ROLL CALL: Commissioners Dollar, Young and Keaton voted NAY. Commissioners McCleary, Traylor, Stroud and Montgomery voted AYE. MOTION CARRIED. Commissioner Keaton moved, seconded by Commissioner Dollar to table the Preliminary Plat of Forest Oak Subdivision PH II until the Water and Wastewater Departments have accepted the plans for construction. MOTION CARRIED. d. PRELIMINARY PLAT Oak Forest Subdivision (later known as Maple Wood) Mr. Bond stated that Oak Forest Subdivision consist of the 13 lots that face Harris Road that have been taken out of Forest Oak Subdivision. He stated that Harris Road has a 100’ street right-of- way, making it approximately 50 plus feet back from the back of the curb. He noted that Harris Road was set up in the old Ordinance plant as having a 100’ right-of-way. City Engineer Whisker stated another concern, mentioning the possible confusing regarding record keeping from having the two adjoining subdivisions named “Oak Forest” and “Forest Oak”. He added that he did not feel that it would be a problem regarding emergency response but did feel that it would create confusion regarding construction issues with contractors and sub-contractors involving City inspections. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. – 8:21 P.M. Discussion ensued regarding the possible name confusion of the adjoining subdivisions. City Engineer Whisker clarified that the plat before the Planning Commission is 13 lots from the original 28-lot that were approved by the Water, Wastewater Department and the Planning Commission and re- approved by the Wastewater Department but not yet by the Water Department. He stated that the curb and gutter is almost completely in place, adding that the sidewalk would be next as well as filing in the asphalt between the curb, gutter and the road. Commissioner Young questioned if the sketch plat were approved with a 25’ setback. City Engineer Whisker responded that it was not, and it was noted that this is the first plat seen by the Planning Commission under the new development scheme. City Engineer Whisker stated that the original preliminary plat before being redesigned and presented tonight were all 35’ setbacks. Commissioner Stroud moved, seconded by Commissioner Dollar to accept the Preliminary Plat of the subdivision currently known as Oak Forest Subdivision to be renamed by the developer with any name other than a name containing the words “Forest” or “Oak” and stipulating 35’ front yard setbacks. MOTION CARRIED. The Subdivision was later renamed Maple Wood. BUILDING PERMIT(S): GENERAL: Comprehensive Development Plan It was noted that the Comprehensive Development Plan would be discussed for final approval at the following Regularly Scheduled Planning Commission meeting. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without objection, adjourned the meeting at approximately 8:21 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 11