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04 MAY 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. – 7:43 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, Glen Keaton, Mark Stroud and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT SEVEN (7), ABSENT TWO (2). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Jim Peacock, and Alderman Stroud, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Montgomery that the minutes of the 12 April 2004 Regular Planning Commission meeting be APPROVED as amended. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Tract between McCain Road and Shannon Drive from C-3 to R-1 Chairman Brannen opened the public hearing at approximately 7:02 p.m. Mr. Tommy Bond related that the property is being requested for rezoning to R-1, noting that four single-family houses are currently located on the property. He added that a five-lot plat of the property is also being submitted for preliminary and final plat approval. He noted that the sewer is available on McCain Road. With no one to speak against the rezoning request, Chairman Brannen closed the public hearing at approximately 7:04 p.m. City Engineer Whisker related that the property owner has decided to rebuild the existing houses, adding that he advised the owner that he would have to rezone the property and plat the property for single- family development. He then answered that currently there is not any commercially zoned property near the proposed rezoning property. He explained that the lots that face Hwy 161 are commercial and the remainder is residential. Commissioner Young moved, seconded by Commissioner Lester to approve the rezoning of a tract of land located between McCain and Shannon Drive as requested. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Hayley Heights Subdivision Lots 1-13 Mr. James Butler stated that the letters of water and sewer acceptance has been forwarded to City Engineer Whisker. City Engineer Whisker noted that the area is located in the County and that he has received letters of acceptance. He then answered that sidewalks were not required at the time of preliminary plat approval. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. – 7:43 P.M. Commissioner Keaton moved seconded by Commissioner Montgomery to approve the final plat of Hayley Heights Subdivision Lots 1-13. MOTION CARRIED. b. PRELIMINARY AND FINAL PLAT Rebsamen Medical Subdivision No. 2 Mr. Bond stated that the Commission had an opportunity to review the plat last month at the regularly scheduled Planning Commission meeting, adding that the subdivision belongs to the City of Jacksonville. He stated that the Subdivision was planned in 1995 under then existing Planned Unit Development guidelines. He explained that the property is being developed for sell to physicians, pointing out that one parcel was previously sold for the development of the Women’s Clinic at the corner of Marshall Road and Braden. He stated that no further action was taken until now, explaining that there is a physician interested in purchasing lot 5 for development of a doctor’s office. Mr. Bond stated that when he was asked to prepare a legal description; he suggested that the property be platted. He noted that the inside streets are private and would be maintained by the property owners, adding that the utilities were accepted and have been in since 1995. He acknowledged that there had been some confusion regarding the location of the sewer, but added that the sewer is located, in the proper place, as shown on the plat. City Engineer Whisker related that the sidewalks would need to be planned for along Marshall Road, adding that sidewalks inside the development along the private streets would not be necessary. Commissioner Lester moved, seconded by Commissioner Stroud to approve the Preliminary and Final Plat of Rebsamen Medical Subdivision No. 2, with sidewalks along Marshall Road. MOTION CARRIED. c. PRELIMINARY AND FINAL PLAT of McCain Road and Shannon Drive Mr. Bond related that the plat consist of five (5) small tracts, adding that the improvements are established. City Engineer Whisker noted that the utility company has requested a 20’ easement along the north side of the property along Tract 4 and 2. In response to a question posed by Commissioner Keaton, Mr. Bond stated that the 20’ easement would not interfere with the north side of Tract 1, noting that the driveway could run parallel to the easement. He then acknowledged that the one-story duplex would be relocated out of the easement. City Engineer Whisker related that the easement was requested in case the utility needed, in the future, to loop a line or connect to the roads. Commissioner Keaton noted that the north side of the single-story duplex is 16’ from the property line. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. – 7:43 P.M. Discussion ensued and it was noted that a 15’ easement would be acceptable. City Engineer Whisker concurred with a 15’ easement, noting that the utilities have to be approximately 10’ apart. In response to a question from Commissioner Keaton, Mr. Bond concurred that the easement could also be utilized as an access regarding Tract 2. Commissioner Keaton moved, seconded by Commissioner Young to approve the Preliminary & Final Plat of Tracts 1-5 on McCain Road and Shannon Drive with a 15’ easement along the north side of the property through tracts 4 and 2. MOTION CARRIED. d. REPLAT of Tract 1, Part of Plot 6 LRAFB Main Gate Development Mr. Bond stated that the property is where the Inn of America is located, adding that the replat will remove the restaurant and administrative building. He related that the restaurant and administrative building would be demolished, leaving a vacant lot for future development. He stated that City Engineer Whisker has requested that the property line be redrawn to run a tangent line to John Harden Drive. He noted that the property owner does not have any objection to the request. City Engineer Whisker stated that the property line would start at the S88, ending at the 04 corner, and then run straight 97.7’ to S88, running diagonally and perpendicular to the freeway. Discussion ensued and it was agreeable to run the line either straight or diagonally to the freeway. Mr. Bond noted that the property was originally platted in 1954 or 1955. City Engineer Whisker noted that the replat would separate Charades and the old pool area. Commissioner Stroud expressed concerns for when the structure is raised, noting that the concrete goes up to the edge of the pool enclosure. Mr. Bond noted that the frame over the pool is a separate structure. Commissioner Stroud questioned the possibility of leaving a 5’ area for landscaping. Mr. Bond stated that the setbacks for any future development should address areas for landscaping. Discussion ensued regarding setback concerns and landscaping considerations regarding the existing structure and possible future construction. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. – 7:43 P.M. In response to a question from Commissioner Keaton, Mr. Bond clarified that the separate tracts would not have the same ownership. City Engineer Whisker stated that he believes the property is being replatted so the hotel could be sold separately from the vacant lot. Mr. Bond then clarified that lot 2 would have separate access, adding that development plans regarding lot 2 would be reviewed by City Engineer Whisker for a building permit and landscaping approval. Commissioner Stroud questioned if Lot 1R would meet the landscaping Ordinance being so close to the front of the pool enclosure. Mr. Bond noted that the building is 1’ off. City Attorney Bamburg stated that a variance would need to be granted for the pool and hotel, adding that if the replat is approved the structures would not comply with setbacks or the landscaping ordinance. Mr. Bond introduced Mr. Tommy Lassiter as the representative of the purchaser of Lot 2R. Mr. Lassiter stated that the proposed buyer does not have any objection to the property line being run straight to the freeway and added that he would like to ascertain if the Commission has any objection to a future curb cut from John Harden Drive regarding Lot 2R. There were no objections voiced by the Commission. Commissioner Stroud inquired as to Commissioner Young’s viewpoint of shifting the proposed property line regarding landscape and aesthetic considerations. Commissioner Young noted that from a Code standpoint, any new construction would have to adhere to proper Code setbacks for commercial zoning, adding that it could not be a zero lot-line. City Engineer Whisker related that there would be a 10’ rear yard setback for C-3 zoning. Commissioner Stroud noted that the replat is effectively making part of the property a zero lot-line. Commissioner Young and City Engineer Whisker agreed with the assessment. Discussion ensued that the building would have to be approximately 10’ from the property line to comply with Code. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. – 7:43 P.M. Commissioner Stroud pointed out that the proposed line split is creating a zero lot-line regarding the existing pool enclosure and the existing two-story building. Commissioner Stroud questioned the feasibility of sliding the proposed property line forward. Mr. Lassiter stated that he does not have an issue with sliding the property line, adding that if anyone were to have issue it would be the buyers. He then clarified that the Commission is requesting a 10’ front yard setback for the pool enclosure and a 10’ rear yard setback for Lot 2R. Mr. Bond further acknowledged that he did not feel the requirement to be a problem. City Engineer Whisker stated that if the property line is moved, he would like to have some assurance that the Charades building would be removed because the new property line would run through the middle of the existing building. He further requested structural assurance that the dome pool enclosure would not be affected by the Charades building being raised. Mr. Bond stated that the pool structure and the Charades building were built at separate times. Discussion ensued regarding where the property line cuts through and it was further noted that the drive through is not a part of the existing structure. City Engineer Whisker stated that he was not certain if the structure was freestanding. Mr. Bond noted that the drive through structure would be coming down. City Engineer Whisker added that the utility company has requested a 20’ easement across the north side of Lot 1R and a 10’ easement across the north of Lot 2R. That easement request was negotiated to a 15’ easement across the north side of both Lots 1R and 2R. Commissioner Young moved, seconded by Commissioner Dollar to approve the replat of Tract 1, Part of Plot 6 LRAFB Main Gate Development stipulating a 10’ front yard setback for Lot 1R and a 10’ rear yard setback for Lot 2R; a 15’ utility easement along the north property line; written non-dependant building structural assurance to the City Engineer; moving the lot line to either perpendicular or diagonal to John Harden Drive and assurances that the Charades building will be removed. MOTION CARRIED. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. – 7:43 P.M. e. FINAL PLAT of Maple Wood Subdivision Mr. Bond related that the street asphalt work has been completed and that all utilities have been accepted by their prospective Commissions. City Engineer Whisker agreed, adding that he his holding bonds regarding 5’ sidewalk construction, that is proposed to be 3’ off the curb running along the back of Harris Road from the existing sidewalk and almost touching General Samuels. Commissioner Stroud moved, seconded by Commissioner Montgomery to approve the Final Plat of Maple Wood Subdivision as presented. MOTION CARRIED. f. FINAL PLAT of Forest Oaks PH I Mr. Bond stated that this a companion project of the Maple Wood Subdivision, adding that PH I is part of the total 28 lots previously accepted by the Sewer Department. He stated that the Subdivision would be a gated community, adding that PH I is the southern portion of the development. He stated that, hopefully, the Sewer Department will finish the West Interceptor line shortly and the developers can continue being able to develop additional lots. He then noted that the entire Crooked Creek Subdivision is almost completely developed. He then related that the streets in the Forest Oaks Subdivision are proposed to be private and that the Bill of Assurance directs that as such the property owners in Forest Oaks will maintain the streets. City Engineer Whisker related that he has letters of acceptance from the Water and Wastewater Departments. He reiterated that the streets would be maintained by the property owners and not by the City of Jacksonville because the Subdivision is gated. Mr. Bond stated that a property owners association would maintain both the gates and streets. City Engineer Whisker then noted that he is holding the bond regarding sidewalk construction. He related that the sidewalks inside the Subdivision would be 4’ in width, 3’ off the back of the curb. Commissioner Keaton moved, seconded by Commissioner Lester to approve the Final Plat of Forest Oaks Subdivision PH I. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. – 7:43 P.M. ADJOURNMENT: Chairman Brannen without objection, adjourned the meeting at approximately 7:45 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 7