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05 DEC 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on December 12, 2005. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Susan Dollar, 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 (8), ABSENT (1). Commissioner McCleary was absent. Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Larry Dupree, Alderman Stroud, Alderman Howard, Public Works Director Jim Oakley, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Keaton that the minutes of the 14 November 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of Bellevue Subdivision from R-3 to R-1 Chairman Stroud opened the public hearing at approximately 7:03 p.m. Petitioner representative Tommy Bond of Bond Engineering related that the petitioner is following the request of the Planning Commission to have the property properly rezoned from R-3 to R-1 prior to submittal of the preliminary plat. Mr. Ron Phillips of 615 Northeastern Avenue stated that while he is not opposed to the rezoning he does have concerns regarding the traffic on Northeastern Avenue. He described the Street as more of a “path” rather than a street, questioning if the City plans to widen the Street with curbs and gutters. Chairman Stroud stated that curb and gutter would be installed on the development side of the Street. Mr. Phillips reiterated his concerns, adding that it is hard for two vehicles to pass on the Street because of the narrowness of the Street. He then added concerns for vehicles parking in the street and the increased traffic flow. With no one else expressing an interest in speaking to the issue, Chairman Stroud closed the public hearing at approximately 7:06 p.m. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. City Engineer Whisker supported the request to rezone the property for single-family development, explaining to Mr. Phillips that the road would be 20’ asphalt with curb and gutter on the opposite side of Mr. Phillip’s home. He stated that it would be 13.5’ on one side of the street and 7’ of asphalt on the opposite side. Mr. Phillips interjected that he would be happy to provide additional right-of-way for widening the Street on his side, citing concerns for safety. City Engineer Whisker stated that 20’ would provide 10’ per lane, which is considered wide enough for two cars to pass safely. He then explained that the developer would only be providing curb and gutter adjacent to the area being developed. He then answered that none of the houses being proposed would face Northeastern Avenue. Commissioner Gray moved, seconded by Knight to recommend approval of the rezoning request for the Bellevue Subdivision PH IV from R-3 to R-1 to the City Council. MOTION CARRIED. b. CONDITIONAL USE at 1713 Nina Street Chairman Stroud opened the public hearing at approximately 7:08 p.m. Ms. Roberta Bonham explained that she is proposing a minimal remodel of the unused garage attached to her home at 1713 Nina. She explained that she would like to use the area as a one-person salon, adding that she has a fixed clientele. She stated that the building she is currently renting is being sold. She stated that there are very few facilities available in the established mixed-use zone that is conducive to her type of operation. She related that as a one-operator salon she does not work with wall- in traffic and that she does not advertise. She explained that the only exterior remodeling would be to remove the garage door and put in a window and a door to serve as a private entrance. She offered the Commission a conceptual drawing of the exterior remodeling. In response to a question posed by Chairman Stroud regarding the commercial nature of the remodeling, Ms. Bonham explained that the remodeling would not appear commercial, adding that she would not be using any outside advertising such as signs. She stated that while her plans are for a commercial venture it would not be a commercial remodel. She stated that the remodeling would not have the appearance of a store front. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. City Engineer Whisker stated that the Code does not allow businesses in residential areas that create foot traffic, adding that home offices for bookkeeping only are allowed. He stated that he had conveyed to Ms. Bonham that the mixed-use zone was the appropriate zone for a house where business was being conducted. He stated that the mixed-use zone is approximately two-blocks extending on either side of Main Street, from Sharp to Elm Street. He related that Ms. Bonham’s house is on Nina Street, adding that the backyard faces Redmond Road. He stated that the area is a residential area outside the mixed-use zone, which does not meet with the City’s zoning or land use. Discussion ensued regarding the single-car driveway and the maximum capacity for only two vehicles front to back. Ms. Bonham stated that she has enough room to widen the driveway 6’, which she intended to do regardless of the remodeling. She stated that she is not widening the driveway specifically because of her request but was planning to widen the driveway for private use. Chairman Stroud questioned the possibility of a hazardous condition for cars to enter and exit, pointing out the curve in the Street. Ms. Bonham stated that there would be absolutely no foot traffic, explaining that she does not cater to walk-in business at the salon she currently operates. She related that she works strictly by appointment, explaining that it would be rare for her to have more than one customer at a time. She explained that as one operator she does not employ help, stating that she did not feel it would create more traffic. Chairman Stroud issued concerns for creating a precedent by allowing a commercial venture in a residential area. Ms. Bonham stated that she did explore the mixed-use area, relating that there is nothing available because it is limited by the fact that it only extends one block on either side of Main Street. She stated that additionally cost are prohibitive to a business such as hers. Discussion ensued regarding the purpose of instituting a mixed- use zone in the City, and Chairman Stroud explained that the purpose was to move businesses and revitalized the central downtown area, to keep business downtown and not allow them to spread. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Ms. Bonham reiterated that costs are prohibitive to a business such as hers. She explained that rates after the mixed-use zone was instituted rose dramatically. Chairman Stroud explained that the mixed-use zone is designed to emphasize streetscape and pedestrian facilities to encourage a residential and commercial area to develop in central Jacksonville along Main Street. He continued that concept supports the Comprehensive Development Plan. He noted that Ms. Bonham had mentioned in her letter the operations of a childcare and TV repair facilities in her neighborhood as support for the request for a salon operation in her home. He stated that it is not believed to be in the best interest for the City to allow illegal businesses to “pop-up”. Ms. Bonham stated that her point in her letter was to demonstrate that as a quiet business she would not be generating any more traffic than the other businesses that she had mentioned in her letter. She stated that she was not suggesting that anyone was running an illegal business, adding that obliviously if they are operating a daycare they have the correct permits to do so. City Engineer Whisker stated that daycares as well as home offices are allowed, explaining that daycare operations have very specific, stringent requirements and are allowed as a permitted use. Commissioner Herbold questioned if the size of the garage would limit the operation from growing beyond a one-person business. Ms. Bonham agreed, explaining that it would not be big enough for a double operator. She characterized her plans as being a studio with a chair. Commissioner Knight stated that she would not be in favor allowing operations in residential areas, explaining that homeowners do not anticipate such operations in a residential area. She stated concerns for setting a precedent that would allow homeowners to operate a business from their home. She explained that it would hard for the Commission to allow some and disallow others. In response to a question posed by Commissioner Keaton, Ms. Bonham stated that her current operating hours are between 10:00 and 5:00 p.m. seven days a week. She then added that her proposed hours of operation at her home would be the same hours, Monday through Friday. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Chairman Stroud stated that he concurs with Commissioner Knight, saying that once the precedent is set it would be hard to control. He added that there is a mixed-use zone for this purpose and the City has adopted the Comprehensive Development Plan to direct such issues. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:19 p.m. Commissioner Knight moved, seconded by Commissioner Traylor to deny the request for 1713 Nina Street. MOTION CARRIED with Commissioner Gray abstaining from the vote. c. REZONING of 900 Madden Road from R-1 to R-3 Chairman Stroud opened the public hearing at approximately 7:19 p.m. Mr. Michael Clayton of Clayton Engineering stated that he is representing Mr. Brad Medlock regarding the request for Madden Road. He related that a prior request was asked to be modified to leave the front 300’ as single-family housing, adding that a 60’ X 100’ residential lot is being proposed for the front portion of the property. He noted that the east side of the property serves as an entrance to the rear portion of the property. He stated that this proposal would allow his client to develop the remaining 200’ with two more four-plexes consistent to the existing four-plexes. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:21 p.m. City Engineer Whisker referred to a drawing he submitted to the Planning Commission, explaining that the surrounding lots on Madden Road are approximately 300’ deep and the lots on Linda Lane are 170’ deep. He stated that spirit of prior conversation in the Planning Commission meetings was to match the surrounding area regarding the streetscape. He stated that if the property is to match the Madden Road property is should be left at 300’, if allowed to match the Linda Lane property then the proposal should be modified to at least match the 170’ property adjacent on Linda Lane. He stated that good planning would dictate that the property be made similar to the surrounding property. Chairman Stroud reviewed the highlights regarding the property since 2001 when development considerations began, he read from previous statements that the petitioner had said that “they are 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. quality built apartments, well maintained, similar apartments built in single-family district (R-1) in Sherwood. The area proposed for rezoning already contains R-2, R-3 and/or R-5. The unusual shape of the property and the fact that it is landlocked from the north makes R-3 the only viable use for this property, willing to meet reasonable request requirements”. He stated that the petitioner has already said that he would commit to landscaping, maintaining the grass, and planting Bradford pear trees 20’ apart. He continued that “children’s playground equipment being installed and a privacy fence”. He stated that a sprinkler system was mentioned but it was never solidified. He then stated that the area residents agreed to the fact that are mixed zones in the area, adding that the contention between the residents and the petitioner was the percentage of rental to single-family. He stated that the residents felt that their property values would suffer and that transient residents common to apartments would detract from the neighborhood, continuing that traffic would be detrimental to an already busy street. He mentioned other concerns for grass maintenance, drainage, Fire Department access, loss of community pride, safety and legal concerns regarding trespassing. He stated that in the past it was felt that a zoning to C-1 would be impractical, thus an R-3 was introduced, adding that it was mentioned that R-3 is used as a buffer between residential and commercial. He noted that the property was zoned C-1 long before many of the residences were built, adding that traffic issues were previously addressed, the sidewalk is built, the fire hydrant is in place, the Fire Department has no issues regarding access and that drainage as far as is known is not a problem. Commissioner Herbold stated that originally trees were suppose to be put in to serve as a buffer to the residential area, noting that trees were placed in front of the apartments, which serves as no buffer. He then mentioned that previous meeting minutes had questioned why the playground had not been installed as agreed. He related that the developer had noted that there were no children in the apartments, explaining that from his perspective he believes if the playground had been established it might be more of an incentive for parents to move into the complex. He pointed out that these items as well as a turn- around at the end of the drive were promised. He then noted that an agreement was worked out with the Fire Department regarding the turn-around, but added that once an item is requested by the Planning Commission he does not feel it is subject to outside compromises. He stated that he does not have a lot of confidence that agreements worked out through the Planning Commission will 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. be forthcoming. He then related that he spoke with Mr. Ruben Smith of 908 Madden Road whose property also extends back to the Highway, who related to him that he has had numerous problems with trespassing and noise. He stated that one of the zoning policy statements is “to provide zoning protection preventing encroachments in order to create a climate of confidence and certainty in the minds of the homeowner about the continuation of the residential neighborhood to attract a private investment necessary for maintaining individual resident properties”. He stated that he believes the request is in opposition to that policy. Mr. Clayton stated that if there were any issues during the construction he believes the owner would have complied with any request from City staff, he then stated that additional trees could be added to the back of the property as part of the request. He stated that in speaking with Mr. Medlock regarding the playground equipment, Mr. Medlock has stated that 100% of his tenants were military personnel without children. He added that Mr. Medlock has stated that he would be willing to place some type of reasonably cost playground facility. He related that there may be some vague interpretation regarding playground “equipment”. He stated that Mr. Medlock would be willing to work with the Planning Commission or City staff to accommodate the request. Commissioner Herbold then read from the minutes that Mr. Medlock had previously stated that he would be willing to build a privacy fence to the west of the property and part way on the lot that divides the 300’ line. He stated that when Mr. Medlock agreed to construct a playground there was no contention for “if there are children in the apartments”. Mr. Clayton stated that he would convey current sentiments to Mr. Medlock, requesting specifics regarding location for the placement of the playground equipment. Chairman Stroud stated that he believes the point is that there is no playground equipment anywhere to show that Mr. Medlock was trying to comply as previously agreed. Commissioner Herbold then pointed out that in previous minutes the developer indicated that he did not intend to request a later R-3 rezoning for the front 300’ of the property, which is exactly in contrast to the request before the Planning Commission. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Commissioner Knight stated that her knowledge is limited to conversations with the residents and what she previously read in the newspaper, adding that following tonight’s conversation she is not inclined to grant the request because of items that were not fulfilled as promised. She stated that such items deal with the quality of life and cannot be taken lightly, adding that she would like to see the developer complete his obligations. Mr. Clayton stated that Mr. Medlock has maintained the appearance of the property and has good tenants, at one time allowing a police officer to live in the complex rent-free to increase the security. He went on to say that he does not believe there have been any incidents. He stated that the Commission holds leverage regarding the addition of two building, which would allow the developer to maximize his land. Chairman Stroud stated that the if the property is rezoned it would not allow for leverage from the Planning Commission. He stated that the Commission in looking at the good-faith values of the past, Mr. Medlock has fallen short. He stated that the Commission is very apprehensive about going forward because of past practice. Mr. Clayton stated that if the rezoning is approved stipulations could be set forth in the rezoning ordinance, explaining that if Mr. Medlock did not comply he would be in violation of the ordinance. Chairman Stroud stated that the Commission is stressing that Mr. Medlock has not complied with the stipulation regarding the R-3 conditional use that was granted. Mr. Clayton requested the opportunity to withdraw the application in order to address these issues with his client and return later with a new application. Commissioner Gray moved, seconded by Commissioner Dollar to table the request until such time there is compliance with the previous stipulations as agreed regarding the approval of the R-3 conditional use as granted. Commissioner Herbold stated that tabling the request does not change the fact that the request is in opposition to one of the policies regarding the protection of the homeowners and their investments. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. At this time, MOTION CARRIED with Commissioner Herbold voting NAY. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT & SITE PLAN Dupree Park Addition Mr. Jim Reed stated that he has been working with the Parks and Recreation Department in order to obtain a road easement through Dupree Park. He stated that in the agreement process he was asked to resubmit considerations requested by the Parks Commission, explaining that the Parks Commission meeting will be held tomorrow. He stated that he had spoken with Director George Biggs today who assured him that everything looks good, adding that technically he does not have final approval for the agreement. He stated that he had informed City Engineer Whisker, who asked that he attend the Planning Commission meeting in order to discuss some of the issues. He explained that part of the agreement requires him to build a road almost 1,000’ to the landowners property, adding that the road is to be a 27’ road with curb and gutter with a 5’ sidewalk and a 6’ chain link fence extending from the driveway and back through the property. He stated that another item to note is that the landowner has donated a piece of property that the City has built a road on, which had previously crated concerns for access to the back property. Chairman Stroud questioned if by Mr. Reed’s earlier statement, is the Commission to confer that Mr. Biggs is satisfied with the proposal submitted by the landowner. Mr. Reed stated that Mr. Biggs had informed him that everything had been sent to the City Attorney, assuring him that the paperwork submitted was exactly what they were expecting. He stated that only certain wording was subject to change, adding that everything requested on his part has been supplied. In response to a question posed by Chairman Stroud, Mr. Reed stated to his understanding Mr. Biggs would “sign off” on the proposal. He noted property donated to the City as a crucial part of the deal, stating that without the small triangular piece of property access would be hindered. He stated that the 1700 square feet property was donated in good faith. He stated that he has been working this deal for two years, noting that he was granted a conditional use for the property subject to the Parks allowing him to build a road to the property. He stated that it is his belief that the Parks Commission will approve his 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. proposal at their meeting tomorrow. He stated that an engineer has been hired to work with the City Engineer to help the flow of the project. City Engineer Whisker related that the petitioner was granted a C-1 conditional use for the property contingent that the Parks Department approved any road through Dupree Park, which has not yet been approved. He stated that there are other issues regarding the site plan and preliminary plat, explaining that the developer has not submitted the plans to the Water or Wastewater Departments. He then informed the Commission that the Master Street Plan calls for a collector street along Highway 67/167 that equates to 60’ of right-of-way; he demonstrated the area on a map, noting that it would extend approximately 1200’. He then stated that the Codebook requires that if you develop along a street right-of-way then the street must also be constructed. He stated that he feels the right-of-way is necessary and is on the Master Street Plan for a reason. He continued that the developer feels that building the street would be cost prohibitive to his development. He related that the City owns street frontage along Highway 67/167 below the development as well as another property owner below the City, explaining that the private property owner may have plans to develop in the future. He stated that the did not feel the preliminary plat should be allowed to go forward but should be tabled or reviewed with recommendations regarding the construction of the road. He suggested that a bond be provided to build the road. He then explained that part of the problem with building a road is that the land moves into an area that is approximately 8’ below floodplain elevation before moving into the floodway, which would require bridges. Mr. Reed noted that there are no major business located in that area and to build the road would cost hundreds of thousands of dollars which would lead no where. He stated that he would hope that the Commission would give that consideration, adding that to build the road would entirely kill the project. He stated that he did not have any objection to reserving a corridor through the area but to build the road would be cost prohibitive. Chairman Stroud stated concern, relating that he had spoken with Director Biggs today, who assured him that Mr. Reed would not be at the Planning Commission meeting prior to appearing before the Parks Commission. He stated that while currently there is no business in the area, the Commission is well aware of the proposed Legacy development being proposed by the Dupree Company. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Mr. Reed stated that earlier Mr. Biggs had told him that he probably did not need to attend tonight’s Planning Commission meeting but added that when he spoke to City Engineer Whisker, he asked him to appear and address this issue. He stated that he then spoke to Mr. Biggs at 4:15 today to explain that he would be attending the meeting. Mr. Clayton reviewed the plat noting that a permit to build in the floodway cannot be issued unless a study is conducted to prove that there would be no rise in the water up stream. He demonstrated the areas on the map, explaining the difficulty with any type of development in the floodplain and floodway. He stated that he respects the City’s Master Street Plan but offered that in this instance he feels the Plan should be reevaluated regarding this area. He related that to build the road is a technical recommendation but added that on the practical side building the road is unrealistic. He explained that starting at Redmond Road there is a culdesac and an apartment complex, he noted that the Master Street Plan, as adopted by the City in 2004, shows the road going through the apartment complex and continuing on toward Main Street, which would involve the backyards of existing homes. He stated that of the 13,600 linear feet only 800 feet is out of the floodplain or floodway and the 800 feet is the area where the apartments are located. He explained that of the proposed property, 800 feet is in the floodway and to build the road correctly, it would have to be constructed approximately 9’ in elevation. He noted that the 60’ of right-of-way equates to approximately 2 acres, which is a lot of land for this type of development. He stated that the only exception to building in the floodway requires a major engineering studying including hydraulic analysis before and after development, adding that it takes approximately 6 months to a year to obtain FEMA approval. He then stated that such a study would cost well over $100,000.00, adding that it involves a lot of money, time and is complicated. He noted that the area of Rocky Branch Creek would require construction of bridges to cross before returning to the flood plain property parallel to the Freeway. He stated that the property further to the south is major floodway property, which is part of the five-mile creek floodway that has caused many problems in the past. He noted that part of the Landfill was built in the floodway on a technicality that encroached approximately 75% into the five-mile creek vicinity. He then noted that the location of a levy parallel to 67/167 that separates the Dupree’s land from the Two Pines Landfill. He related plans for the Landfill to develop up to Bayou Meto Creek, adding that between the levy and Highway 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. 67/167 there was some interest in trying to develop the land into a high visibility retail section. He then added that the problem is that there are two parties wanting to eliminate the floodway, explaining that there is no way to make the floodway disappear. He stated that a floodway has to be reserved to allow the drainage that goes up to the five-mile creek into North Little Rock. He stated that there is a substantial amount of land approximately 4,000 acres that drains into this area, explaining the land is a major tributary. He pointed out that 8,100 feet of the roadway would be in the floodway, requiring bridges that would be cost prohibitive to any developer except the Highway Department, adding that to his knowledge the Highway Department does not have any interest in building an access road parallel to the Freeway. He stated that the other area for funding would be Metroplan, explaining that Metroplan does not like to use funding for the construction of collector streets. He then explained that because the area goes as far as 16’ below the floodplain the road has to be sloped out, explaining that it would require approx 140’ of right-of-way to produce a 60’ roadway. He then related that Warden Road and Landers Road on the Sherwood side would probably never be extended to connect with the collector street, adding that the reason being is that the interchange was not planned or designed for access roads with bridges. He then pointed out that the interchange does not have any exit ramps, saying that there would be no way for any type of activity from the interchange to be directed to the collector street. He stated that he is trying to point out that the road would be impractical to build even though it is shown on the Master Street Plan. He stated that it equates to a form of taking without any real intent for use. Chairman Stroud pointed out that the City is only requiring the road because the developer requested access through Dupree Park. Discussion ensued regarding the area constructed by the Landfill being a part of a LOMA and accepted by FEMA along with a CLOMR to allow them to build up to the Bayou Meto area. He then related that the study conducted in connection with the Legacy development did not indicate that there would be any rise in the water. Mr. Reed stated that he is not opposed to reserving the corridor but does not want to build the road. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Commissioner Gray moved, seconded by Commissioner Traylor to table the item of business until the next regularly scheduled meeting to allow the Parks and Recreation Commission to consider the issue of a road through Dupree Park; and that proper documentation be provided to the Water and Wastewater Departments. MOTION CARRIED. b. FINAL PLAT Marple Subdivision, Lot 1 Mr. Bond related that the property is adjacent to the U-pull it property, adding that it has been submitted to the County and has an existing 16” water line to the property. He then related that there is a State approved septic tank disposal system for the lot. City Engineer Whisker related that Mr. Marple owns the property below U-pull from John Harden back to old Highway 67/167, he stated that this area did have a road that led from John Harden almost to the old Highway, adding that this parcel is completely north of that road. He clarified that it does not touch that part of the road that was proposed in the earlier part of the subdivision. He then related that the Fire Marshal did request a fire hydrant in the front of the property. Commissioner Knight moved, seconded by Commissioner Dollar to approve the Final Plat of the Marple Subdivision, Lot 1 as requested, stipulating placement of a fire hydrant as requested by the Fire Marshal. MOTION CARRIED. c. PRELIMINARY PLAT Bellevue Subdivision PH IV Mr. Bond related that the only pending issue was that the property be properly rezoned for development. Commissioner Gray moved, seconded by Commissioner Dollar to th recall the tabled motion from the November 14 Planning Commission meeting as follows: Commissioner Gray moved, seconded by Commissioner McCleary to approve the Preliminary Plat of Bellevue Subdivision PH IV, stipulating (1) re-numbering the lots to include the “F” designation, (2) rezone the property from R-3 to R-1, (3) construct a temporary turnaround at the end of Bellewood Lane, (4) placement of a fire hydrant at the corner of Clint and Northeastern, (5) sidewalks along Bellewood, Clint and Northeastern, (6) half-street improvements on Northeastern including pipe, curb and gutter with a minimum of 20’ width of asphalt, (7) Health Department approval and completion of the upgrade to the East Pump Station, with recommendation for the rezoning to be forwarded to the City Council. MOTION CARRIED. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. GENERAL: EASEMENT DEDICATION regarding #6 Red Fox Lane Mr. Bond noted that the building permit and site plan were submitted two months ago regarding lot #6, the last lot on the south side of Red Fox Lane. He stated that the tract consist of 3 acres. He stated that Red Fox Lane is a private road that services six houses. He explained that Mr. and Mrs. Johnson purchased the property in good faith, unaware of issues concerning the private road. He related that he has obtained a document from the property owners dedicating a right-of-way, adding that the property owners at the end of the road did not have a real right-of-way for dedication. He stated that the document will dedicate a 30’ easement regarding access. He stated that the Water Department has agreed to extend and re- install a fire hydrant that had been taken out some years ago. He stated that City Engineer Whisker has requested that a plat be filed regarding the Johnson property, which will be brought back to the Commission. City Engineer Whisker stated that he understood the most important issues to be that the property be platted with access, he added that he had suggested that the entire property be platted as a subdivision, which would allow the Planning Commission preview over the regulations. He stated that the road would remain private regarding the easement. He reiterated that the Fire Marshall has requested a fire hydrant be installed and the Water Department has agreed to install one that would be beneficial to all the residents. He stated that he had also requested that when platting the Johnson property that a turn- around be provided for Fire Department equipment, which does not have to necessarily be asphalt but must support the weight of a fire truck. He stated that he believes the petitioner is seeking confirmation that this is the direction requested by the Planning Commission. Commissioner Gray stated that his concern would be the history of the subdivision, explaining that the general information was his reference, and adding his concern was that the subdividing over generations cease. He stated that an easement still concerns him that it would allow for another tract at the end of the property to be subdivided. Mr. Bond concurred, adding that he believes that property is located in the floodplain. Commissioner Gray stated that even as such it has not discouraged the development of a subdivision outside the general regulations usually reserved for subdivision development. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Mr. Bond offered a brief history of how the first four houses came to be built and eventually sold over a period of fifteen years. He stated that the property at the end was subsequently sold to a Mr. Long as the second property owner. He stated that the property labeled Johnson was built by Marshall’s son-in-law and has been there for approximately 20 years. He stated that the newest house is the Long house, which was built in 1994 or 1995. He concurred that the property has evolved over the years, noting that the property seller has been the Boyd family. He noted that the most recent property sold was by an individual married to a member of the Boyd family. He stated that most of the property has been sold as a result of a family member inheriting the property and selling. He stated that he feels the Planning Commission could stipulate no further subdividing in the area. Commissioner Gray stated that the Planning Commission has stipulated that in the past. Mr. Bond stated that the Johnsons did not have a clue regarding the histories associated with the properties. Commissioner Gray pointed out that none of the other previous purchasers had a clue as to the history. He stated that he is trying to secure that development on the private road ends. Chairman Stroud asked that Public Works Director Jim Oakley address issues regarding Sanitation pickups. Director Jim Oakley stated that his main concern is that the Sanitation trucks do not have a place to turn around on the road, explaining damage to private property because of the truck having to back out of the private road. Commissioner Gray stated that initially the petitioner had proposed to plat 1 acre of the 3-acre tract, which would lead to the possibility of further subdividing in the future. Mr. John Johnson stated that his understanding is that his parents are proposing to build one house with the intention of passing on the other two acres to their children, who would be free to do with the property as they wished. He added that he could not say whether another house would be built or not. He stated that even if his parents do not build the house the problem with the turn-around still exists. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Chairman Stroud pointed out that the more houses that are built the bigger the problem becomes. City Engineer Whisker noted that if the property is platted any further subdivision would have to be done with a lot-spit before the Planning Commission. Mr. Johnson related that when his parents purchased the property they were not aware of the history of the property or what they would have to go through in order to build a house. Mr. Mathew Long of #9 Red Fox Lane related that his home is the last home on the south side of Red Fox Lane. He stated that after closing escrow on his home he received his survey performed by Bond Engineering, explaining that his property line begins at the north side of Red Fox Lane. He clarified that the paved concrete driveway is not part of his property, adding that giving up 15’ for a culdesac easement would take a good portion of his yard that is currently not paved. He then stated that it is his understanding that one of the signature on the document provided to the Planning Commission is not a property owner on Red Fox Lane, which he stated concerns him that it may be opening the door for further development. In response to a question from Chairman Stroud, Mr. Long answered that he felt it would be unfair for him to provide an easement without being compensated. Chairman Stroud stated that if Red Fox Lane had been developed under proper subdivision regulations, all property owners would be aware of pre set easements. He stated that as is the development has evolved without control and the Planning Commission is trying to solve the situation. Commissioner Knight pointed out that it would not be a popular idea if the residents were asked to put their garbage on Northeastern Ave. for easier pickup. Mr. Long concurred, that the idea had been discussed among the residents and was not well received. He stated that the residents are satisfied with the current service being provided by the City. He stated that he would not object to a culdesac being placed on the adjacent property, reminding the Commission that he does not own any part of the concrete drive according to his survey. 16 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Mr. Bond clarified that he believes Mr. Long is relating that his concrete driveway is not on his property. Commissioner Knight stated that would not be a matter for the Planning Commission. Chairman Stroud noted that to be further evidence that the property should have been properly subdivided from the beginning. In response to a question posed by Commissioner Traylor, City Engineer Whisker stated that he is requiring a turn-around from the petitioner who is preliminary platting, the Johnson property. Mr. Bond stated that he was hoping to solve the issue of access tonight and return next month with a plat of the Johnson property. City Engineer Whisker stated that he believes Commissioner Gray’s concern is that the access runs to the end of the property and it is preferred that the access stop short 100’. Mr. Long stated that there is enough room at the wood line to provide for a culdesac. City Attorney Bamburg clarified that the matter before the Planning Commission is the dedication of an easement, which allows any of the residents along Red Fox Lane (a private road) to have access to their property. Mr. Bond stated that it could be taken to the courthouse and recorded as an easement, which would not have to be approved by the Planning Commission. He stated that it was brought before the Planning Commission in an effort to obtain direction regarding the plat for the Johnson property. He stated that he feels City Engineer Whisker has offered the concept of platting the property and providing a turn-around for existing City services. Commissioner Knight suggested that the 3-acres be platted as one lot. Mr. John Johnson stated that if platting the property as one lot would allow his parents to begin building that concept would be acceptable. He stated that as for now his parents only have plans to build one house, adding that he is not sure regarding future plans. 17 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. – 8:50 P.M. Commissioner Gray moved, seconded by Commissioner Herbold that the easement stop 100’ short of the west property line. MOTION CARRIED. Commissioner Gray pointed out that during the plat presentation a turn-around would be the property consideration. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:50 p.m. Respectfully submitted, _________________________ Susan L. Davitt 18