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04 JUL 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:10 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Chad Young, Bobby Lester, Glen Keaton, Kevin McCleary, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT two (2). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Tommy Dupree, Mr. Larry Dupree, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Lester that the minutes of the 14 June 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING of 900 Madden Road from R-1 to R-3 Chairman Brannen opened the public hearing at approximately 7:13 p.m. Mr. Mike Clayton stated that he is acting as Mr. Brad Medlock’s representative. He stated that the request is for the front 300’ of 900 Madden Road, to continue with the construction concept of four- plexes granted on the C-1 property approximately a year and half ago. He stated that Mr. Medlock is proposing to build two four-plexes for a total of eight units. Chairman Brannen offered anyone wishing to speak in opposition to address the Commission. Mr. Robert Houston of 2613 Linda Lane related that there is a 14’ easement behind his property and that he does not want the property “torn down”. Mrs. Cynthia Houston of 2613 Linda Lane stated that she and her husband purchased the home a year ago and enjoys the peace and quiet of the neighborhood. She stated that she feels the development will ruin that, adding that she is not well and the development will defeat the purpose of why they purchased the home. She stated that when they purchased the property they were told that they would be responsible for the 14’ easement behind their rear fence, adding that if a child were hurt on that portion of the property, they would be responsible. She stated that she and her husband do not have the money to be responsible for lawsuits. She concluded saying that she and her husband are opposed to the rezoning. Mr. Joe Williams of 812 Madden Road stated that he lives adjacent to the property being proposed for rezoning. He stated that he moved there approximately three years ago before the construction began, 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. adding that since the construction has completed he has noticed a lot more traffic and noise coming from the development. He stated that if the development were allowed to go forward to Madden Road it would completely block the sunlight to his property. He added that instead of having the field as a view he would have the backside of a townhouse. He concluded saying that he is definitely opposed to the development. With no else to speak, Chairman Brannen closed the public hearing at approximately 7:17 p.m. City Engineer Whisker clarified that the C-1 portion of the property was granted a conditional use for the development of apartments, adding that the front 300’ is zoned R-1. He stated that in speaking with Mr. Medlock’s engineer, he had related that the land use of the property is residential and that any change of zoning should be kept to a residential classification not commercial. In response to a question posed by Chairman Brannen, City Engineer Whisker answered that the property in question is not geographically related to the property that the Arkansas Highway Department was previously interested in. He added that the property the Highway Department was interest in was recently proposed for mini warehouses by Mr. Medlock. He stated that the Highway Department has since purchased that property. He then related that the current area for proposal is the front 300’ of Madden Road going north into the existing apartment complex. Commissioner Stroud stated that he had read in the minute history that the Fire Department was working with Mr. Medlock concerning the development of an L-shaped turn around at the end of the complex to accommodate fire equipment and trucks. He noted that the L-shaped turn-around has not been constructed. Mr. Clayton stated that to his understanding, before the building permits were obtained, Mr. Medlock had worked with the Fire Department regarding an agreement to allow ingress and egress from the glass shop on T.P. White Drive. He added that he believes conditions have changed since the development occurred regarding situations on T.P. White Drive. He recalled that plans were submitted to the Fire Department and that to his and Mr. Medlock’s understanding there were no objections. Commissioner Stroud pointed out that presently there is no room for the pumper truck to turn around at the end of the pavement in the complex. City Engineer Whisker recalled that at the time, discussion with the Fire Marshal was that the truck could use a gravel drive located at the concrete’s end to turn around. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. In response to a question posed by Commissioner Stroud, City Engineer Whisker explained that that after a rezoning request to R-3 was denied for the C-1 property where the apartments were developed, a conditional use was requested and granted in a later Planning Commission public hearing. Commissioner Stroud noted that previously Mr. Medlock had stated that within a ¼ mile radius there is approximately 50% rental property, adding that was not a statement supported by local residents of the area. He questioned the rental ratio within the ¼ mile radius of the area. Mr. Clayton answered that he was not certain of the area ratio regarding rental property, adding that he was not present when the statement was made at the previous Planning Commission meeting. In response to a question posed by Commissioner Stroud, Mr. Clayton stated that to the best of his knowledge following area single-family development there is also undeveloped property immediately to the east, single-family to the west and the school and single-family with rental to the south. He noted districts with R-2 and R-3 down the right hand side of Madden Road. Commissioner Stroud asked if the concluding sentiment is that the majority of the neighborhood could be considered single-family residences. City Engineer Whisker stated that he was not certain of all properties included in the ¼ radius but noted that Green Acres and Hamilton trailer parks are rental. He added that up from the trailer parks is mostly single-family with Linda Lane Apartments and the two gray apartments on Madden Road. He then noted that there is also rental property at the end of Madden Road near the church and some on the side streets. In response to a question posed by Commissioner Young, City Engineer Whisker related that the residences facing Linda Lane on the north side of Madden also back up to the existing apartments. In response to a question posed by Commissioner Montgomery, City Engineer Whisker related that the rear yard setback for apartments is 25’ regarding the proximity to the proposed development to the rear yards of the residences on Linda Lane. Mrs. Houston voiced concerns for fire safety and protection for her property. Commissioner Stroud pointed out that according to the development history, the neighborhood presented the Planning Commission with a four-page petition against the development. He noted that in the 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. Comprehensive Development Plan under R-1 zoning it states its purpose is “to provide zoning protection prevention encroachment in order to create a climate of confidence and certainty in the minds of the homeowners about the continuation of the residential neighborhood in order to protect private investment.” He stated that in listening to the concerns of the neighbors, he would like to point out that while the property currently has apartments; there is single-family both up and down the street from the proposed location on Madden Road. He stated that he feels it would be incongruous to set R-3 in the middle of an R-1 area. He voiced concerns for future area development of single-family if the development is allowed to proceed up to Madden Road. Commissioner Young stated that he would have to agree, saying that the view of the side of a four-plex driving down Madden Road would not be congruent to the neighborhood. He went on to say that he feels the use of the back portion of the land is acceptable given the size of the property and its location next to commercial property. He then stated that he would like to see the front 300’ develop more in scale with the neighborhood, even if it were duplexes or a small rental house that faces Madden Road. Commissioner Keaton questioned if the shape of the property might present a hardship for single-family development. Commissioner Young agreed that there would probably only be room for one single-family house or a nice duplex to face Madden; which would be the gateway to maybe one four-plex behind the house. He noted that it would require a subdivision of the front 300’ regarding zoning. Commissioner Stroud asked Mr. Clayton if Mr. Medlock would be open to the idea of subdividing the property, bring R-1 closer to Madden Road but leave the initial front of the property for single-family development. He then complimented Mr. Medlock for developing and maintaining a nice development. Mr. Clayton stated that he is not sure how a single-family development on the front of the property would fit into Mr. Medlock’s plans; adding that he feels Mr. Medlock would be willing to adjust the setbacks further from Madden Road and provide heavier landscape regarding the two buildings being proposed. He went on to say that the majority of residents in the apartments are Military personnel; adding that he feels that is Mr. Medlock’s will continue that trend. He pointed out that there is also a police officer living in the complex to maintain a security presence. He noted that one unit would be reserved for a live-in manager of the complex. Commissioner Keaton questioned how close the four-plex would be Madden Road. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. Mr. Clayton stated that he was not sure, explaining that they have not moved to the next stage of laying out the plot plan. He stated that at this point they had planned to meet the minimum setback requirements. He added that if there is any room he would be glad to move them as far away from Madden Road as possible. Commissioner Stroud stated that he was interested in seeing R-1 on the frontage to Madden and then a four-plex behind that. He related that he would like a guarantee on the plan before the Planning Commission takes formal action. He then stated that he would like to be able to address these issues with Mr. Medlock being present. Chairman Brannen stated that he feels the item should be tabled until Mr. Medlock can be present to answer questions regarding development and zoning considerations. Commissioner Stroud moved, seconded by Commissioner Young to table the rezoning request until the next regularly scheduled Planning Commission meeting in August when Mr. Medlock can be present. MOTION CARRIED. Commissioner Young suggested that a sketch be provided to aid in the discussion. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Crowder Industrial Subdivision City Engineer Whisker related that the City of Jacksonville has sold one acre of a 72-acre tract and is requesting the final plat be approved to complete the sale. He added that the property already has water and sewer. He noted that the property is located on General Samuels. Mr. Bond stated concerns for street and sidewalk improvements. City Engineer Whisker stated that if sidewalks are required the City would comply, adding that the City has not required any sort of improvements along General Samuels in that area at this time. He then answered that sidewalks could be made as part of the Master Sidewalk Plan. Commissioner Lester moved seconded by Commissioner Montgomery to approve the FINAL PLAT of the Crowder Industrial Subdivision as presented. MOTION CARRIED. b. REVISED SKETCH PLAT of Marple Industrial Park Mr. Bond informed the Commission that they had viewed the Sketch Plan one month earlier. He recognized that the Commission had voice concerns regarding the length of the culdesac, adding that Mr. Marple has expressed concerns about tying into the old Highway because of the traffic it would generate. He then related that Mr. Marple would be 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. willing to do that with a phased development where the street would be tied in at the last phase and temporary turnarounds would be provided until the street was developed through. In response to a question posed by Commissioner Keaton, Mr. Bond stated that access from tracts 6 & 7 would be onto Hwy 161. In response to a question posed by Commissioner Stroud, Mr. Bond related that the developer is interested in developing the lots from John Harden Drive going back because he feels those on John Harden have the greatest appeal for development. Discussion ensued and City Engineer Whisker related that the Fire Department has not reviewed the concept of temporary turnarounds for the development. Mr. Bond related that the lot scheme is laid out to comply with Wayne Richardson’s plan for individual sewage. Commissioner Keaton moved, seconded by Commissioner Montgomery to approve the Sketch Plat of Marple Industrial Park as revised and submitted. MOTION CARRIED. c. PRELIMINARY PLAT Forest Oaks PH II Mr. Bond related that this phase is the north end of the subdivision consisting of seventeen (17) lots; he continued that the sewer lacks approximately 350’ to service the phase. He stated that the street is paved up to the lot line and the water line is also extended up to that point. He noted that the Sewer Commission would be accepting bids tomorrow regarding the West Outfall Line that will delete the pump station on Main Street. He stated that the developer is asking to proceed with the utility work; adding that it is not anticipated to be ready to return to the Planning Commission for a final until September or October. He added that by then the outcome of the West Outfall Line should be known and defined by the Sewer Commission. He stated that the developer is willing to accept that liability to be able to proceed with the utilities during the good weather season. City Engineer Whisker stated that development after Maple Wood and Phase I of Forest Oak was stopped because of the lack of wastewater being able to be pumped by the pump station at Main Street and the inadequate water until the two lines on Harris and General Samuels are brought together and looped. He stated that the Sketch Plat has not been before either utility and the City Attorney has cautioned him about presenting a plat that had not been through Water and Wastewater. He went on to say that the bids are being considered tomorrow and will be presented to the Sewer Commission on Friday. He stated that his understanding is that the bid is 150 days, which will th make it December 30 regarding the completion date at the West Main pump station. He stated that any sort of acceptance, as the City 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. Attorney would most likely agree, would be a risk on the part of the City. Secondly, he pointed out that if the Planning Commission does approve the request the owner would have to recognize the liability to obtaining a final plat would be either upgrading the pump station to maximize capacity and lines or wait for the West Interceptor line to be finished and accepted. As well as the Water Department accepting the looping of the lines. In response to a question posed by Chairman Brannen, Mr. Bond answered that tabling the plat for 30 days would not be a problem. He explained that they are trying to hit the construction season. Commissioner Montgomery moved, seconded by Commissioner Young to table the PRELIMINARY PLAT of Forest Oaks Subdivision PH II until the next regularly scheduled Planning Commission meeting in August. MOTION CARRIED. BUILDING PERMIT(S): 2103 Cloverdale Road Petitioner the Deweese Family Mr. Bond stated that this is a 5.17-acre tract of land that was sold to the Deweese Family, adding that they want to build a single-family house on the property facing Cloverdale Road. City Engineer Whisker related that the seller separated a 10-acre tract into two 5-acre tracts, which does not require being platted and are asking for a metes and bounds building permit. He pointed out that they would not have to build curb, gutter and sidewalk or sewer if it is not available to the property. He added that water is available and can be connected. He then answered that the property is located inside the City limits but does not have sewer. Mr. Bond noted that the sewer is located at Valentine at the intersection. Commissioner McCleary moved, seconded by Commission Keaton to approve the metes and bounds building permit at 2103 Cloverdale Road for the Deweese Family. GENERAL: a. Southwest Jacksonville Conceptual Transportation Network for the proposed Legacy Development City Engineer Whisker related that the adopted Master Street Plan did not completely include the Legacy Development featuring major transportation corridors that would connect to the Master Street Plan. He stated that the Planning Commission would need to make that recommendation to the City Council to be adopted by Ordinance. Mr. Larry Dupree familiarized the Planning Commission with the project. He presented an aerial photograph and related that the initial layout was designed by Edward D. Stone and Associates. He stated that they are looking at developing all four quadrants of the 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. intersection soon to be Interstate 440 if it continues through in the very short future to Interstate 40 and 430 Interchange at Crystal Hill. He related that in the southwest quadrant, they are looking at developing an office campus type setting with a golf course possibly around the exterior or perimeter. He related that they would develop watercourses and are looking at tying that quadrant into the frontage road to connect with Keihl Avenue. He related that the Highway Department previously had a proposed overpass/interchange, adding that this particular traffic pattern would flow from Kiehl Avenue into the project area through the area of 440 going west and it would be between Oneida Street Interchange and the 440 with 67 Interchange. He stated that particular arterial would feed north through the northwest quadrant featuring malls, a mixed-use area with multi-family housing, school properties, fire and police stations. He stated that one of the streets would go north and come out on West Main Street where the S-curve is located. He then stated that the other northbound street is proposed to go by the weight station, parallel to 67 and come out near Municipal Drive on Redmond Road. He related that in the north and east quadrant they are considering developing that street as a City street from 161 up through the Landfill property parallel 440 then transition to 67/167 and parallel it toward South Redmond Road. He stated that this particular concept would incorporate a full interchange near the weight station. He noted that in that particular area they are considering developing commercial and office type buildings adding that would bring the traffic that normally goes to Keihl Avenue along the frontage road to Two Pines Landfill. He stated that traffic would be diverted from that section back to the City street that would go from 161 on the east side of 440 and 67 to South Redmond Road. He related that in the southeast quadrant they are proposing golf courses and possibly hotels, motels. He noted that would tie into Jacksonville to the south and west all the way back up to Redmond Road by using Oneida Street as one of major thoroughfare on that side. He stated that he believes that as the increase of traffic into and through Jacksonville as 67i/167 gets nearer to being Interstate 30 that this arterial network would help move traffic through the City. He then produced a conceptual layout of the local streets, parks and bike ways that are proposed to tie into the proposed walkways that will go from the River Market to Conway and from the River Market through Burns Park and into the Northbelt and then parallel all the way into this development and ultimately over to Reed’s Bridge Battlefield Park. In response to a question posed by Commissioner Montgomery, Mr. Dupree stated that the concept of a college would be very desirable but would depend on funding, adding that there is enough property for that concept. In response to a question posed by Chairman Brannen, Mr. Dupree stated that hydrology engineering has been performed on the property based on the concept of excavating and creating detention lakes, adding that 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. the water will be used to irrigate landscaping around the site. He stated that the water may need to be supplemented because the study did not completely satisfy what would be the actual usage. Discussion ensued regarding the frontage roads becoming one-way, Mr. Dupree stated that if so, the traffic on the south and east side will come from Keihl Avenue and would still be circulatory. He then explained how the traffic would flow from the southwest quadrant to the northwest quadrant, saying that an underpass or overpass would be constructed. He stated that the design would feature a two-way overpass with one-way frontage roads. He then stated that the interchange at Oneida would be a full interchange and would probably be on the west side of Oneida Street. City Engineer Whisker explained the interchange, saying that if approved it would become a part of the City Master Street and part of what Metroplan uses regarding what they plan for in areas. He explained that Metroplan reviews a city’s Master Street Plan and Land Use Plan for future development considerations. He stated that by adding these roads it aids Metroplan in deciding what they need to do to consider growth. Mr. Dupree then related that the interchange at the weight station would be a full interchange. He added that the design considered for widening 67 to six lanes dead ends at South Redmond Road, adding that if the Highway Department can be convinced to take those six lanes over the railroad tracks to West Main Street then the interchange can be developed south of the existing Redmond Road and incorporate all traffic flow from 161 up to Municipal Drive. He then noted that the original design was six lanes including the interchange. It was noted that entrance and exit to Redmond Road would be moved back to the location of the weight station. He explained how the frontage road would tie into Dupree Park and the landowners involved. City Engineer Whisker related that the roads for consideration are the frontage roads next to the freeway and then the north/south interceptor leading from Main Street at Emma, which would then become the road that leads into the top of the circle. He added that then it is the frontage road coming from Oneida south into the radio station frontage road and then the frontage road from Municipal coming around and leading back into the Oneida. In response to a question posed by Commissioner Stroud regarding the affect the completion of the Northbelt freeway would have on the project, City Engineer Whisker the conclusive location of the Northbelt has been chosen unless come route has drastically from here to 107 been changed. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. Mr. Dupree stated that the center section of the Northbelt alignment, called 1-A is the part that is in question and that leaving this intersection of 440 and 67 going west, the Highway Department has already acquired almost all of the rights-of-way to Oneida street. In response to a question posed by Commissioner Montgomery, City Engineer Whisker related that there are still problems with the route alignment in that center section regarding the beginning construction of 440 west. Mr. Dupree stated that the Highway Department has currently started the EIS and he would not be surprised if it did have a shorter period for completion. It was noted that the project would not have to wait for the 440 to being. In response to a question posed by Commissioner Montgomery, Mr. Tommy Dupree stated that the Landfill odor is another whole animal to deal with but added that they have spoken with Waste Management regarding access into their permitted area on the north side to the present 440. He stated that Waste Management has four years left before they have to move. He noted that presently they could come under the 440 area, which they have been using for construction, development, or landfill purposes. He added they have acquired property on the east side of the railroad track that backs up to part of the cemetery on 161, and upgraded a railroad crossing that was there when they acquired the property and now use it for their hauling material to their present fill site which will continue in the future when they move to the north side. He related that discussions last year and the year before were about they could work together to get access from 161 in and across Bayou Meto and up to Redmond Road. He added that Waste Management is ready, willing, and able to spend the money to do a large portion of that. He then related that they are also looking at ways of raiding funds to accomplish this. He stated that they discovered that they would also need the Planning Commission and City Council approval forwarded to Metroplan by 1 September. City Attorney Bamburg clarified that the Planning Commission would need to make recommendation to the City Council regarding an Ordinance amendment to the Master Street Plan regarding the streets involved in the Legacy Development to be forwarded to Metroplan. He noted that the City Council could address the matter during a public hearing at th their regularly scheduled meeting of August 5 regarding the Planning Commission’s input. Commissioner Young stated that as an architect who might want to become involved in the project later, he is abstaining from the vote. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. – 8:27 P.M. Commissioner Lester moved, seconded by Commissioner Montgomery to th recommend to the City Council at their regularly scheduled August 5 meeting the conceptual network of the proposed Legacy Development as an amendment to the Master Street Plan. MOTION CARRIED with Commissioner Young abstaining from the vote. b. Proposed West Main Relocation (Western Hills to Fair Oaks) City Engineer Whisker stated that the West Main relocation is on the Master Street Plan to straighten out the S-curve at Emma, which is the street that would lead directly south beside Western Hills to the Legacy Development. He went on to explain that there has currently been development in the area and he wanted to make sure that the City obtains proper rights-of-way as development occurs. He added that he enlisted Mr. Bond to draft an alignment for the West Main relocation, adding that a legal will be applied to the drawing to ensure that City acquires the land as it is developed. He stated efforts to better define property along the corridor to ensure rights-of-way. In response to a question posed by Commissioner Stroud, City Engineer Whisker stated that the road construction would probably incorporate culverts as it does now, but added that it would have to be designed and bid due to the road alignment and the possibility of a bridge. In response to a question posed by Commissioner Keaton regarding access into Bushwood and Spring Valley, City Engineer Whisker stated that he believes that Emma Street leading into Bushwood would be developed to turn south pass Western Hills and continue on the west side of Western Hills straight south to become the street that leads into the Legacy Development. Mr. Bond stated that the old Main Street where there is a pump station would have right turn angles into the new Main Street. City Engineer Whisker stated that the old West Main Street between Emma Street and the pump station would then become a subsidiary road. It was then noted that there would not be any problems with conceptual rights-of-way regarding the First Freewill Baptist Church. Commissioner Young moved, seconded by Commissioner Keaton to recommend the proposed relocation of West Main to the City Council at their th regularly scheduled August 5 meeting. MOTION CARRIED. ADJOURNMENT: Chairman Brannen without objection, adjourned the meeting at approximately 8:27 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 11