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05 APR 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on April 11, 2005. Chairman Stroud led a standing audience in the “Pledge of Allegiance” to the flag and Commissioner Evans delivered the invocation. ROLL CALL: Commissioners Bart Gray, Jr., Emma Knight, Glen Keaton, Mike Traylor, John Herbold, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Alderman Fletcher, and the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Evans moved, seconded by Commissioner Keaton that the minutes of the 14 March 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 1504, 1508, & 1512 Plummer Street from R-2 to R-1 Chairman Stroud opened the public hearing at approximately 7:03 p.m. Mr. Sam Bostic a resident of 1105 Madden Road, stated that he would like to change the zoning from duplexes to single-family residences. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:05 p.m. Commissioner Gray moved, seconded by Commissioner Traylor to recommend to City Council the rezoning request at 1504, 1508, & 1512 Plummer Street from R-2 to R-1. MOTION CARRIED. b. REZONING 2.0 acres on Valentine Road from R-0 to R-2 Chairman Stroud opened the public hearing at approximately 7:06 p.m. Representative Tommy Bond related that the property is a 2-acre tract across from a mobile home park on Valentine Road. He stated that the owner is proposing to construct a duplex multi- family development. City Engineer Whisker related that he received one call in opposition from a resident near Emily Lane. He noted single- family homes to the south side of Valentine, a trailer park on the opposite side, and some apartments at the corner of Mayfair. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. In response to a question posed by Commissioner Knight, City Engineer Whisker related that the property is adjacent to the Clover Ridge Subdivision PH II, which is currently being developed as single-family homes. He then reviewed existing areas of single-family zoning and answered that the area is depicted as residential on the Land Use Map. Commissioner Gray questioned if the property would need to be subdivided into lots for individual duplexes or would it be considered as a multi-family area with several duplexes on one tract. Mr. Bond stated that he felt it would come back to the question of whether there would be public streets inside the development area. He stated that he did not think platting the property would be necessary unless the City wanted public streets. He stated that similar to an apartment complex the owner would be responsible for maintenance inside the development. Discussion ensued regarding the proper zoning code for this type of development and the concept of an R-2 zoning versus an R-3. Commissioner Gray stated that the proposal appears to be better suited for an R-3 zoning rather than R-2. Mr. Bond agreed that it would be better regarding development intentions to have the property rezoned to R-3 instead of R-2, which is usually associated with duplexes. He noted that if the property is subdivided and streets are constructed it would cut the density of the development. Discussion ensued and it was determined that the Commission would table the request and the petitioner would resubmit as an R-3 rezoning request. Chairman Stroud closed the public hearing at approximately 7:18 p.m. Commissioner Gray moved, seconded by Commissioner Herbold to table the request pending re-advertisement as an R-3 rezoning request for the aforementioned property. MOTION CARRIED. c. REZONING 210 & 216 Bellevue Circle from R-3 to R-2 Chairman Stroud opened the public hearing at approximately 7:19 p.m. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. Mr. Chad Ellison related that the lots are currently zoned R-3 and he is requesting that the property be rezoned to R-2. He explained that he would like to develop duplexes, which would be consistent with the surrounding property. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:21 p.m. City Engineer Whisker related that the area consists almost entirely of duplexes with the exception of one or two houses. Commissioner Knight moved, seconded by Commissioner Traylor to recommend to the City Council the rezoning request at 210 & 216 Bellevue Circle from R-3 to R-2. MOTION CARRIED. d. REZONING 16 acres on Madden Road from R-1 to R-0 Chairman Stroud opened the public hearing at approximately 7:23 p.m. Mr. Don Boyd of 1300 Madden Road, stated that the request is to have the proposed 16 acres uniform with the remaining adjacent property. He related that the entire property consists of approximately 36 acres, and that 20 acres is already zoned R-0. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:24 p.m. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the rezoning of approximately 16 acres on Madden Road from R-1 to R-0. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Hidden Oaks th Tabled from the March 14 meeting. Mr. Bond stated that he believes an agreement has been reached with one exception. He explained that City Engineer Whisker has requested an easement between lots 5 and 6 regarding fire equipment access, adding that the developer does not agree to that request. He stated that the developer’s contention is that improvements to the drive more than adequately provide better access to the existing homes located to the east of the proposed subdivision. He noted that currently there is an existing 10’ driveway that has two 90° bends, which he does not believe a fire truck could negotiate. He stated that the feeling is that the improvements would offer better access than the area has ever had, adding that it is also felt that the 10’ easement on lots 5 and 6 would make it difficult to situate houses. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. City Engineer Whisker stated that it would not be impossible to construct houses with the 10’ easements on each lot. He related that he visited the site with Fire Marshall Pope and Fire Chief Vanderhoof to discuss an acceptable alternative by taking the existing access and turning it into a full 27’ road with curb and gutter on both sides and a culdesac to the rear. He related that it is felt that the previous suggestion would have been easier for everyone concerned. He stated that the question that follows is “why should the developer be responsible for making the suggested improvements”, he answered, that the access easement has always been on the developer’s property and the property is being developed for profit. He stated that the developer should either make the access more accessible with a 27’ street and culdesac or some sort of access between lots 5 and 6 for Fire Department equipment. City Engineer Whisker noted that the other item of disagreement was the alignment of the proposed street with the existing street, acknowledging that the traffic would not be a significant factor. He added that he believes the Water Department has worked out their situation and has a pending agreement. Mr. Bond related that the developer has an agreement with the Water Department pending the foundation study of the property. City Engineer Whisker stated that if the agreement with the Water Department does not lead to fruition, it is his understanding that the site area would be platted into two lots. He added that the 20’ easement for the main line to the water tank site on the backside of the property would no longer exist. In response to a question posed by Commissioner Gray, City Engineer Whisker stated that he is not aware of any repercussion regarding the fire rating. Mr. Bond reiterated sentiments regarding improvements and Fire Department access to the existing homes. He then answered that he does not believe the current situation would have any impact on the overall fire rating, explaining that the rating is generally impacted by fire flows, fire equipment and firefighting personnel. In response to a question posed by Commissioner Keaton, City Engineer Whisker related that the road leads off the culdesac behind lots 3, 4 and 5, adding that as the access comes off lot 5 it curves around a tree. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. Mr. Bond pointed out that unless a 47.5’ radius is placed on the back of lot 5, a fire truck could not make the corner to go between lots 5 and 6. He noted that the reason for a 47.5’ radius in culdesacs is to accommodate the turn around of fire and garbage trucks. He related that a 47.5’ radius would consume approximately half of lot 5. He then reiterated that currently a fire truck would have to negotiate two 90° turns on a 10’ wide driveway to gain access. He continued that under the proposed configuration, a fire truck would not have to make any turns but would have to back out or, if possible, negotiate the turn around the tree. He added that the turn around the tree is not a 47.5’ radius and he does not believe the fire equipment could make that turn around. In response to a question posed by Chairman Stroud, Mr. Bond stated that the existing driveway is shown in a 30’ easement, adding that the homeowners would continue to maintain their asphalt driveway regarding lots 3, 4 and 5. He noted that it is private property with an access easement and pointed out that while it is not a public street, the City maintains the driveway. City Engineer Whisker stated that the City has helped maintain the drive, pointing out that City garbage trucks routinely experience access problems. In response to a question posed by Commissioner Knight, City Engineer Whisker stated that the drive would remain an easement but access would be gained through lots 5 and 6. He then pointed out that generally more than one emergency vehicle is required to respond and access for more than one vehicle would be necessary without having to back one piece of equipment out before another could gain access. Discussion ensued regarding the need for a 47.5’ radius and City Engineer Whisker related that he is requesting a 20’ easement, 10’ on lot 5 and 10’ on lot 6. He stated that the best scenario would be a 20’ concrete drive with a 47.5’ turning radius. Mr. Bond stated that the developer did not create the problem, adding that the City, allowing houses to be built on a private drive easement, created the problem many years ago. He continued that it seems inappropriate to penalize the developer by requiring him to fix what the City should have required in the first place. He related that City Engineer Whisker stated that the City would not accept the drive as a public street, adding that the property owners would have to maintain it as they 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. maintain their existing drive. He went on to say that he does not believe the City could make the property owners maintain an easement that is on someone else’s property. Commissioner Gray offered that the bill of assurance might be the proper tool to stipulate maintenance for the back of lots 3, 4, and 5. Mr. Bond surmised that neither the developer nor the property owners would want responsibility for maintaining the drive. He reiterated his uncertainty that the property owners could be made to take responsibility, unless the City is willing to carry the maintenance. He pointed out that there is no leverage to make the property owners responsible. Commissioner Knight pointed out that regardless of past transgressions on anyone’s part, someone has to take responsibility and begin the right course of action. She added that she does not believe it should fall on the taxpayer. She stated that she would only be able to support the project if the Water Department, Sewer Department, and Fire Chief are on board with the project. Chairman Stroud clarified that concerns are centered around lots 3, 4, and 5, and a drive between lots 5 and 6. He also noted the possibility of a turning radius at the junction of the road going between lots 5 and 6 coming behind lots 3, 4, and 5 for a culdesac. He then noted discussion of making a 27’ wide street to improve the 10’ drive. Mr. Bond brought up another issue regarding Fire Department equipment, saying there would have to be another 47.5’ radius at the street coming between lots 5 and 6 to make a right turn, adding there would almost be enough room to build a house in the middle. Commissioner Knight questioned the possibility of combining the two lots with almost 60’ frontage to make one lot. Mr. Bond agreed it could be done, but added that it would mean loosing a lot. In response to a question from Commissioner Keaton, City Engineer Whisker noted that the turn-around at the tree is not part of the subdivision property. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. Mr. Bond added that the easement actually ends at the lot line between lots 5 and 6. Discussion ensued regarding the theoretical possibility, with consent from the property owners, of moving the street slightly out and developing a 47.5’ radius turn-around. Chairman Stroud mentioned concerns for the Planning Commission approving a 20’ wide easement down lots 5 & 6 that will yield a 10’ wide road, when it is not usual standard to build 10’ roads. In response to a comment from Commissioner Evans, City Engineer Whisker responded that he had specifically discussed with the Fire Marshall having access in from Hidden Oaks Drive, and the other option of widening the existing drive into a 27’ back to curb with a 47.5’ radius culdesac for a fire truck turn-around at the end. Mr. Bond explained that if the big circular were deleted, it would be possible to build a 27’ street down to the culdesac that is being referred to, if the property owners would agree to giving right-of-way and constructing the turn-around because the turn-around would not be on the developer’s property. He offered that a street be constructed between lots 5 & 6 with a culdesac on the end. City Engineer Whisker noted that access would not reach the other two houses that are located at the culdesac being deleted. Mr. Bond stated that the only other option might be to come in with a 27’ street with a culdesac at the end. City Engineer Whisker noted that it would take right-of-way from both parties to accomplish that development option. Mr. Bond added that the property owners would be responsible for a share of the construction cost regarding the turn-around. City Engineer Whisker stated that to his understanding the City has not paid for improvements for developers to create a profit. Mr. Bond stated that the developer would be asking the property owner to donate a portion of the necessary right-of-way and to share in the cost. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. Chairman Stroud questioned Mr. Bond, if it is his sentiment that the City should assume liability if the property owners are not able to come up with the funds. Mr. Bond pointed out that there would only be two parties to benefit, that being the property owners and the City. Chairman Stroud clarified that the proposal to reach the existing homes is for the developer to build a 27’ wide street with a 90° turn down to the proposed culdesac; questioning if that would alleviate the need for an easement road between lots 5 and 6. City Engineer Whisker reiterated that the Fire Marshal has requested access to the houses, either a 27’ street with a 47.5’ radius turn or a street between lots 2 and 3 instead of a culdesac, or make a turn going behind lots 3, 4, and 5 with a culdesac at the back of lot 5. Chairman Stroud pointed out that part of the property would have to be donated by the property owners for this concept. Commissioner Knight noted that the property owners would need to share costs with the developer to construct the improvements. Chairman Stroud stated that he wanted to make it clear that the City should not pay for private development. He stated that the improvements would be the responsibility of the developer and the homeowners. Discussion ensued regarding the betterment of the whole neighborhood because of the improvements. Chairman Stroud raised the question of responsibility if the existing homeowners could not pay any share of the improvements. Mr. Bond stated that, in reality, the houses being proposed would be considered the lower end of the housing market, adding that the concept is to provide housing for lower income buyers. He related that the higher the development costs grow, the more expensive it would be for buyers. He stated that the other side of that reality is that the area homeowners are not wealthy and may not have the money to cover improvement costs. Additionally, he stated that it is possible the existing homeowners are content with the situation as it is and would not want a turn-around. Commissioner Evans pointed out that fire safety would be a concern for the Commission regarding improvements. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. Mr. Bond stated that it may require the City requesting the homeowners to contribute enough land to accommodate part of the land needs for the turn-around. In response to a question posed by Commissioner Traylor, Mr. Bond agreed that the 30’ easement on lots 4 & 5 could be extended further for a turn-around if the property owners gave over a small portion of their property where the existing road is. Commissioner Knight stated that even if the development is targeted toward lower income, she would not agree to scrimp on safety issues. Mr. Bond agreed, saying that there was no intention to scrimp regarding safety. He stated that his only point was there are limitations as to the homeowner’s ability to assist in costs, and what the developer can put into the project and still have viable homes to sell. Chairman Stroud noted the importance of safety factors and Commissioner Traylor’s suggestion that most of the culdesac be moved down to lot 5 and the easement slightly moved back as a possibility. In response to a question posed by Commissioner Knight, Mr. Bond related that it is possible to put the turn-around on lots 4 and 5, if the adjoining property owner would let them use at least as far as the driveway goes on his property now, adding that it would be agreeable for them to build the road and the turn-around in that area. In response to a question from Commissioner Keaton, Mr. Bond related that it would be difficult to wait another month, if the Commission postpones the project. Commissioner Knight moved, seconded by Commissioner Herbold to approve the preliminary plat of Hidden Oaks Subdivision with the stipulation that per the requirements of the Fire Chief and Fire Marshall, that the developer and Mr. Bond determine if they can construct the turn-around on lots 4 & 5 with some property from the homeowners if necessary. Discussion ensued that if the culdesac could not fit on lots 4 and 5, the issues would have to be brought back to the Planning Commission for further consideration and that any development of roads would be to City standards. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. At this time, MOTION CARRIED. b. PRELIMINARY PLAT Crooked Creek PH II Mr. Tommy Bond related that PH II consists of 91 lots and meets all City requirements. City Engineer Whisker requested a sidewalk access easement in the area of lots 150 and 151 to accommodate children walking to Tolleson Elementary School without having to go along General Samuels. He noted that the sidewalk plan would follow the existing plan, inside the loop. In response to a question posed by Chairman Stroud, Mr. Bond responded that the ditch crossing on the corner would be a box culvert with a sidewalk on the top. In response to a question posed by Commissioner Herbold, Mr. Bond stated that the lot lines center on an existing concrete channel and would have an easement on each side. Commissioner Keaton moved, seconded by Commissioner Knight to approve the Preliminary Plat for Crooked Creek PH II with the sidewalk easement location around the vicinity of lots 150 and 151 as requested by City Engineer Whisker. MOTION CARRIED. c. SKETCH PLAT Lost Creek No representative was available; plat was removed from the agenda. d. PRELIMINARY PLAT Northlake XI Subdivision Mr. Bond related that PH XI is the next phase of Northlake consisting of 19 lots. He stated that the plan was originally developed in the 70’s and is being continued. He noted that the only difference is that the lots are slightly larger than originally proposed. He pointed out that some of the lots on Mule Deer Drive are 80’ wide, which was the width that had previously been proposed, adding that the remaining lots are in the 90’ to 100’ range. City Engineer Whisker stated that the plat as shown has not been approved by the Sewer or Water Commissions, adding that the Fire Marshall expressed concerns for the addition of another fire hydrant. He then stated that he had discussed drainage concerns with Mr. Bond, explaining that they would need to be fixed before the plat continued. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. In response to a question posed by Chairman Stroud, Mr. Bond stated that letters were sent to the various Departments. He stated that he does not know why it has not been addressed, adding that he does not believe there are any issues of concern. Chairman Stroud noted, and Mr. Bond concurred that the 35’ building setback line was mistakenly left off the plat presentation. Discussion ensued regarding letters of approval from the Water and Wastewater Departments regarding the submission of a final plat versus a preliminary plat. It was noted that this phase of the subdivision would have a straight water line and sewer extension from the pump station. Mr. Bob Williams of the Wastewater Department stated that he does not anticipate any problems with the sewer line, but added that the Commission has not seen any sewer plans. He noted that they were transmitted a copy of the preliminary plat without water and sewer plans. He stated that there is a pump station that was designed to serve the area. Chairman Stroud stated that to his knowledge the Commission does not customarily give away preliminary plats until there is an acceptance for the water and sewer. He added that in this instance there is also a concern from the Fire Marshall. In response to a question posed by Commissioner Knight, City Engineer Whisker stated that fire hydrant location would be an issue to be addressed by the Water Commission and that drainage issues were quickly concluded between himself and Mr. Bond. Commissioner Knight moved to table the Preliminary Plat of Northlake PH XI pending water and sewer approval. MOTION DIES for lack of a second. Discussion ensued and it was noted by City Attorney Bamburg that the Water Commission and Sewer Commission would meet again prior to the next Regularly Scheduled Planning Commission meeting. Commissioner Evans moved, seconded by Commissioner Herbold to approve the Preliminary Plat PH XI subject to the approval of the Water and Sewer Commissions, the Fire Marshall and resolution of any drainage issues. MOTION CARRIED. e. REVISED SKETCH PLAT Hosman Property 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. Mr. Bond stated that the revised plat is a consensus of agreement regarding everyone. He noted the addition of “one small tweak”, that being the alignment. He related that City Engineer Whisker had proposed a 400’ radius on both ends that would allow for a 30mph design speed for the road. He then noted that in talking with the Water Commission, the proposal was to trade to the Water Department property on the north side of the road, and Mr. Hosman would take property on the south side of the road. He stated that this configuration indicates there is slightly more property on the south side than on the north. He stated that he does not feel it will be a big issue, adding that it is a matter of working out the equity. City Engineer Whisker related the layout of the road that slightly curves coming off Military Road, explaining that the length determines the curve as it comes off Military Road headed south regarding safety factors as traffic would approach the intersection and see the light. Mr. Bond noted that the trade in property would bring ownerships to the same on each side of the road. City Engineer Whisker stated that to his understanding, the Water Commission is satisfied with the land trade decision. Mr. Bond noted that the only issue is that this particular plan shows slightly more property being taken away from the Water Department then is being gained. He stated that he cannot speak for the Water Department, but still does not believe it to be a big issue from what he observed in their meeting. City Engineer Whisker stated that the revised plan will have to go back to the Water Commission as a preliminary plat, adding that he does not feel the division of land to be an issue. He related that the Water Commission was more interested that the development would be a certain number of feet from their property line, south of the sewer was their big concern. Mr. Bond stated that the Water Commission wanted to maintain as much property to the north, explaining that the plant is located in the corner of Southeastern and Military Road. In response to a question from Chairman Stroud, Mr. Bond agreed that there are no drives going straight onto Loop Road. He then noted a stub street, which might generate traffic through the development. Options regarding the street were discussed and consensus was to remove the street. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. – 8:32 P.M. City Engineer Whisker related that the development would still have two accesses off Southeastern, noting that the second access is to the bottom, near the gas line, of the development and would fit the original plan. In response to a question from Commissioner Traylor, regarding a portion of the street from Military Road going south, City Engineer Whisker stated that at this point, Mr. Hosman’s development would have nothing to do with that. He added that one side of the street is owned by the Water Department the other side is owned by a family trust. Commissioner Traylor remarked that it looks as if the streets are converging at one point. City Engineer Whisker agreed, saying that from the City standpoint when the street starts and the actual S-curve of Loop Road makes it into Southeastern, the City will need to consider eliminating the middle section touching Military Road and having one main artery of Southeastern into Military Road via Loop Road S-curve. Mr. Bond stated that if the sketch plat is approved regarding geometry, they would return with a preliminary plat for the development. He noted that there may be some issues that have to be worked out regarding who will construct the street, and who will pay for the street, because part of the street is being built on City property. He added that it would be difficult for him to conceive that the developer would build a new street on City property. Commissioner Traylor moved, seconded by Commissioner Keaton to approve the Revised Sketch Plat of the Hosman Property. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:32 p.m. Respectfully submitted, _________________________ Susan L. Davitt 13