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04 NOV 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. OPENING REMARKS: Chairman Art Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. Chairman Brannen announced that Commissioner Lester is resigning from the Commission, adding that he would like to offer his appreciation to Mr. Lester for his contributions to the Planning Commission. ROLL CALL: Commissioners 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 seven (7), ABSENT two (2). Others present for the meeting were City Engineer Whisker, Aldermen Stroud and Howard, Bob Williams, Public Works Director Jim Oakley, Mr. Ben Rice, Mr. Tommy Bond, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Young that the minutes of the 11 October 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING: REZONING of 809 Quince Hill Road from R-1 to R-3 Chairman Brannen opened the public hearing at approximately 7:01 p.m. Tim Lemons of Lemons Engineering related that he is representing Paul’s Custom Homes and then offered the Commission additional informational regarding photographs of the project area. He stated that the proposed townhouse development would act as a buffer between the existing homes to the west, and the existing multi-family units in the Maximum Howell area. He referred to a photograph demonstrating a similar style of townhouse being proposed. He added that the developers of the project have agreed to construct a sidewalk along the south side of Quince Hill, within the limits of the property which will align with the sidewalks previously constructed to the west of subject development. He related that the developers have agreed to move the trash dumpster to the southeast corner of the project, as opposed to the front as previously presented. He reviewed the photographs of the property as it is currently and similar townhouses that are an example of the proposed development. He reviewed structures at the northwest and northeast corners of the 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. property, adding that the structure at the northeast corner is proposed to be removed. He noted multi-family development adjacent to the east, south, and southeast of the subject development. Chairman Brannen offered the floor to anyone wishing to speak in opposition to the rezoning request. Mr. John Herbold of 1100 Quince Hill Road acknowledged several multi-family developments in the area, adding that the neighborhood is experiencing problems with the sewer system. He explained that during rainy weather, the area manholes overflow. He offered that approximately two years before the Planning Commission had denied a proposal for a multi-family development in the area because of the sewer system experiencing overflowing manholes. He then noted that a single-family development of approximately seven houses was approved at the corner of North First and Quince Hill. He added that in speaking with Mr. Don Tonnies, developer of the Small Oaks Subdivision, he learned that sewer was discussed during planning approval and that he was told that this subdivision would be approved but that any other new development would not be approved because the sewer system is at maximum capacity. He stated that if the manholes are overflowing during wet weather, then outside water must be infiltrating into the sewer system. He added that if the sewer is at maximum capacity, how can it handle 15 extra units. He related that the Oak Ridge development is also being handled by the same sewer system, pointing out that the subdivision is developing very quickly. He added that from a development viewpoint, Mr. Dick Jones contributed to having the sewer system upgraded and is developing single-family homes in the area. He noted that Mr. Jones has voiced that 15 units would take 15 homes away from his development. He stated that he believes the Planning Commission should deny the proposal, offering the Wastewater Department an opportunity to upgrade the sewer before adding additional new developments. He added that he had spoken with the Wastewater Department to verify the information he has offered to the Planning Commission. Mr. Lemons offered, as point of clarification, a copy of the site plan distributed earlier with the photographs. Chairman Brannen closed the public hearing at approximately 7:11 p.m. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. City Engineer Whisker acknowledged that infiltration during wet weather has caused the manholes to overflow. He stated that regarding the request to rezone he is suggesting that if the single-family house to the front of the property is to remain, it should be a separate lot. Mr. Bob Williams of the Wastewater Department acknowledged the situation with the northeast pump station, which serves the area in question. He related that it is not the intention of the Wastewater Department to discourage development; adding that during dry weather the pump station has adequate capacity but during wet weather, due to the I & I in the area, there are problems with wet weather capacity. He related that there are overflowing manholes, explaining that the Sewer Commission has plans to do extensive rehabilitation and upgrade the pump station in the near future. He stated that the Sewer Commission does not believe that 15 additional units will be of any significance to the existing wet weather problems. He stated that the overflowing manholes would continue to overflow until they are rehabbed, adding that the area had extensive slip lining in the early 90’s and the Department intents to correct the existing problems. Mr. Williams clarified with Commissioner Stroud that barring wet weather conditions, the sewer system does not have a problem adding 15 units. In response to a question posed by Commissioner Young, Mr. Williams stated that the Sewer Commission has approved a study to be performed regarding area needs. He explained that the area pump station goes through the pump station on Loop Road, explaining that the Loop Road pump station would have to addressed first before upgrading the northeast pump station. He stated that the first order of business would be to stop the inflow and infiltration, so the pump stations would not have to pump storm water. He clarified that inflow is the flow from the surface and infiltration is from the ground water. Commissioner Stroud then questioned if the capacity could handle the continued development of Oak Ridge and Jamestown as well as the newly proposed 15 units. Mr. Williams reiterated that the dry weather capacity is capable but the wet weather capacity is not. He then answered that there is not a definite time frame for when the I & I problem will be 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. corrected, adding that there has been extensive rehabilitation work in the past six years with a lot more planned. He stated that work would begin at the first of 2005. Discussion ensued regarding the additional units and the impact on existing sewer problems in dry weather and wet weather conditions. In response to a question posed by Commissioner Montgomery, Mr. Williams related that the Loop Road pump station is a separate project but would be performed at the same time. He stated that an upgrade of the Loop Road pump station would be contracted. He then answered that the area in questioned has had a previous rehabilitation project, which showed a reduction of the I & I of approximately 20%. In response to a question posed by Commissioner Keaton, Mr. Paul Shield answered that the projected starting date is March 2005, with the first site being available some time in May and totally completed in a nine-month period. In response to a question posed by Commissioner McCleary, Mr. Williams stated that the study is anticipated to be completed in two years. Mr. Lemons reasoned that the new development would be less than 5% of the existing homes or units currently on the system, adding that as new construction it would not add as much water per unit as the exiting construction having dilapidated pipes. He stated that 15 units are insignificant if you consider the amount of rainwater that is entering the sewer system. In response to a question posed by Commissioner Stroud, Mr. Herbold stated that when the pipes are full even the addition of 15 gallons would cause an overflow. He stated that wet weather conditions could not be ignored, adding that the sewer problems are a major concern for the area residents. He noted that when the manholes overflow it is not just the I & I that comes out. Commissioner Stroud noted that the development would be a good buffer between multi-family and residential. Mr. Herbold confirmed with Mr. Williams that during wet weather the system is at maximum, adding that wet weather is what concerns the neighborhood because that is when the manholes overflow. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. Discussion ensued regarding the circumstances surrounding conditions of wet weather. Several residents including Jennifer Hunt of 205 Dale Drive offered that approximately two years ago during heavy rains her house flooded and her carpeting had to be replaced because the sewer backed up. She added that her back yard during heavy rains becomes as much as 3’ deep with moving water, noting the danger for her 3 year old son. She then related smells of sewer when the water recedes, as well as the hazards of mosquitoes with standing water. She stated that in the two years she has lived on Dale Drive there have been constant problems with the sewer, explaining that the sewer backs up into her bathtub. She stated that nothing needs to be added to the problem until the problem is addressed. She asked the Commission to consider present conditions that the residents have to face. Commissioner Keaton questioned the priority list for the Wastewater Department and the planned rehabilitation. Mr. Williams confirmed that the priority would be overflowing manholes, adding that the Department has been addressing overflowing manholes diligently for the past few years. In response to a question posed by Commissioner Montgomery, Mr. Williams responded that the lines on Dale Drive are cleaned on a regular basis, adding that most of the back ups occur as a result of grease and roots in the lines. He then noted that some rehabilitation work has been performed in the area, along with extensive investigative work. He added that all the lines in the Dale Drive area have been televised in the past eight months, explaining that any needed repairs are performed immediately. Commissioner Young commented on the need to address current situations before encouraging new development. He stated that the situation should be higher priority. Commissioner Stroud concurred. Commissioner Montgomery moved, seconded by Commissioner Stroud to deny the request to rezone property located at 809 Quince Hill Road from R-1 to R-3. MOTION CARRIED. Mr. Lemons questioned the feasibility of a different zoning of less density from 16 to 9 units, which would allow the developer some use of the property. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. Chairman Brannen clarified that the current request has been denied and any other request would have to follow the same procedure for public hearing. He then explained that the only alternative at this juncture would be to appeal the Planning Commission’s decision to the City Council. REQUEST TO APPROVE PLATS: a. FINAL PLAT Lot 1, P&P Subdivision Chairman Brannen removed the final plat for Lot 1 of the P&P Subdivision addressed as 809 Quince Hill Road from the agenda, which was denied a rezoning request. b. SKETCH PLAT Foxwood Estates petitioner Woodhaven Homes Representative Mr. Tommy Bond of Bond Engineering related that approximately one year ago the Planning Commission rezoned the property for a mobile home park, noting that the property still carries that zoning. He explained that currently it is difficult to secure a loan for mobile homes and consequently the idea to subdivide the property into five-acre lots for single-family development was conceived. He noted that the property would be subdivided into 21 lots. He stated that it would be a private, gated community developed with an improvement district, adding that all interior improvements would be the responsibility of the property owners. He noted that the City would provide water and garbage service. He stated that the Sewer Commission has approved the concept of a low-pressure grinder pump system. He pointed out that there would not be the infiltration problems commonly experienced with a gravity sewer system. He stated that the flow is reduced by 40% when the low-pressure grinder pump system is used. He noted that the Sewer Commission has a plan to improve the pump station on Loop Road, explaining that the subdivision would tie directly into the manhole at the Loop Road pump station. In response to a question posed by Commissioner Young, Mr. Bond stated that to his knowledge there is no other development of this kind in the City limits, adding that the most similar would be Scenic Bluffs by Hwy 107. In response to a question posed by Commissioner Montgomery, Mr. Bond related that the development is adjacent to the railroad tracks, adding that the railroad has a 100’ right-of-way along the tracks. He stated that the final design has not been concluded but the developer is considering a berm. He then answered that part of the property is located within the flood plain, adding that several of the lots would be half in the flood plain. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. Commissioner Stroud noted that the asphalt roads would be 20’ wide with gravel shoulders, adding that normally streets are 27’. Mr. Bond stated that the street development would be typical of a rural County type development. Discussion ensued regarding development standards for private drives versus City streets. Mr. Bond noted that the interior streets would be 20’ with gravel shoulders and would be maintained by the property owners. Commissioner Stroud stated that curb and gutter would maintain the streets better. Mr. Bond related issues of costs regarding development with larger lots. City Engineer Whisker agreed with Commissioner Stroud, saying that the difference is that when you subdivide five acres you have to go before the Planning Commission, adding that he has compared the development to Forest Oaks, which is also a private community but the City has request 27’ streets with curbs. He stated that this subdivision would be more of a rural setting with five-acre lots. He asked that the bill of assurance stipulate that individual lots cannot be subdivided. Mr. Bond noted that there would not be a street right-of-way but simply an easement, explaining that the property owners would own to the center of the street, which would be maintained by the improvement district. In response to a question posed by Commissioner Young, Mr. Bond explained that the concept is not to have a subdivision but to have a rural atmosphere without curb and gutter. He stated that the development would probably have home that range in cost from $300,000.00 to $1,000,000.00. He stated that the development would not be visible from any public road. In response to a question posed by Commissioner Keaton, Mr. Bond stated that Fire and Police protection would be handled the same as with Forest Oaks, explaining that there would be a key code provided to the various entities providing public service. He then responded that the property adjoining the proposed development was taken out of the city limits. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. In response to a question posed by Chairman Brannen, Mr. Bond related that the streets would be built to standard but would not have curb and gutter. Discussion ensued regarding the concept of the homes being setback 100 plus feet from the street. In response to a comment from Commissioner Young, Mr. Bond stated that he has mentioned the concept of a common area to the developer. Commissioner Keaton moved, seconded by Commissioner Young to approve the Sketch Plat of Foxwood Estates. MOTION CARRIED. c. PRELIMINARY PLAT Crooked Creek PH II Chairman Brannen noted that the Preliminary Plat of Crooked Creek PH II has been removed from the agenda per the request of the developer. BUILDING PERMIT(S): SITE PLAN of Lot 1, P&P Subdivision Chairman Brannen removed the site plan of Lot 1, P&P Subdivision. GENERAL: Acceptance of amendment document #2004089062 to the bill of assurance for the Dawkins Commercial Addition Mr. Ben Rice explained that the original bill of assurance approved by the Planning Commission noted that covenants of the bill of assurance could not be amended unless notice is given and approval is granted by the City of Jacksonville. He noted that the amendment deals with a declaration of common access easement and its use. He then added that the amendment also includes a declaration of restrictive covenants, stating that another branch bank cannot locate within the subdivision or another restaurant on lot 1. In response to a question posed by Commissioner Young, City Attorney Bamburg clarified that since the original document states that any amendment is to be approved by the City, he felt that the Planning Commission would be the property authority to address an issue of that nature. Commissioner Young moved, seconded by Commission Montgomery to accept the amendment document #2004089062 regarding the Dawkins Commercial Addition in the City of Jacksonville. MOTION CARRIED. ADDITION TO AGENDA: FINAL PLAT of Clover Ridge South PH II 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. Commissioner Stroud moved, seconded by Commissioner Montgomery to remove the Final Plat of Clover Ridge South PH II from being tabled at the previous Planning Commission meeting. MOTION CARRIED. Mr. Bond related that the Final Plat had been tabled pending items regarding the sewer, adding that the sewer has been repaired and is acceptable. He pointed out that due to the weather the asphalt has not been completed but added that the developer is prepared to post a bond for those improvements. City Engineer Whisker agreed that weather conditions have delayed the construction of streets within the subdivision, adding that the developer has stated that he is willing to bond for the street and sidewalk improvements. He stated that the Water and Wastewater Departments have both given their letters of approval. Commissioner Keaton questioned if there were any restrictions with lots 70, 72, and 98 regarding which direction the house must face. Mr. Bond stated that the house should only face the culdesac street, adding that the request could be noted on the plat. Commissioner Stroud moved, seconded by Commissioner McCleary to approve the Final Plat of Clover Ridge South PH II stipulating that corner lots would face the culdesac and a bond is posted for street and sidewalk improvements. MOTION CARRIED. Commissioner Young noted that on the plat for Quince Hill there are 15’ side yard setbacks at the corner. City Engineer Whisker noted that the same had been discussed approximately one year early, noting that setbacks have always been 35’ in the front and 15’ on the side. Commissioner Young stated that he believes corner developments should have an increased side yard setback. City Attorney Bamburg clarified that such a recommendation would have to be forwarded to the City Council for approval by ordinance. Commissioner Young asked that City Attorney Bamburg draft an ordinance for discussion at the next regularly scheduled Planning Commission meeting. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. – 8:04 P.M. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 8:04 p.m. Respectfully submitted, _________________________ Susan L. Davitt 10