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05 JUN 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on June 13, 2005. Chairman Stroud led a standing audience in the “Pledge of Allegiance” to the flag and Commissioner McCleary delivered the invocation. ROLL CALL: Commissioners Susan Dollar, Bart Gray Jr., Glen Keaton, Kevin McCleary, Mike Traylor, John Herbold, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT eight (8), ABSENT (1). Others present for the meeting were City Engineer Whisker, Tommy Bond, Alderman Stroud, Larry Dupree, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner McCleary moved, seconded by Commissioner Dollar that the minutes of the 9 May 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL MIXED USE at 201 Main Street Chairman Stroud opened the public hearing at approximately 7:02 p.m. Mrs. Yallie Seedtibood owner of the former restaurant at 201 Main Street, requested a mixed use to have a business and apartment at that location. Mr. Andrew McCauley introduced himself as the architect for the project. City Engineer Whisker related that 201 Main Street is part of the area designated for mixed-use by the Land Use Plan. Mr. Jim Butler a resident of North Little Rock spoke in favor of the mixed-use, stating that he felt the former restaurant was an asset to the City. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:06 p.m. Commissioner Gray moved, seconded by Commissioner Herbold to grant the Conditional Mixed-Use for residential and commercial at 201 Main Street. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. REPLAT Lot 53 Lessel Estates and Lot 54 Peacock Subdivision 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. Representative Tommy Bond stated that Mr. John Byrd has owned the two lots since being platted and is now requesting to replat the property for the purpose of adding on to his home. He stated that one lot is vacant and the other lot has Mr. Byrd’s home. City Engineer Whisker related that the Water, Sewer, and Fire Departments did not have any concerns. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Replat of Lot 53 Lessel Estates and Lot 54 Peacock Subdivision into one lot as requested. MOTION CARRIED. b. PRELIMINARY PLAT Reed’s Heights PH I Mr. Bond related that the Commission has reviewed the Sketch and pre-preliminary plat, adding that there were questions by City Engineer Whisker regarding the 100-year flood plain designated by FEMA maps for lots 2 and 3 which showed a lower elevation. He stated that another issue is the Loop Road relocation. He then presented additional design plat information, explaining that the developer, Mr. Hosman, had met with the Water Department regarding an even land swap, but added that since the final design has been set the land swap is 2.5 times larger. He noted that the final land swap would have to be reworked with the Water Department. He then noted that the additional design information includes how Southeastern Avenue will tie into the Loop Road connection per Mayor Swaim’s request. He then addressed the issue of the flood plain, noting that the County is in the process of performing a flood study that should be available within the next year. He stated that the developer is proposing to hold the affected 16 lots in the lower corner of the subdivision for PH II of the development. He then stated that the developer is planning to go back to the Water Commission at their next meeting to resolve the land swap issue. City Engineer Whisker stated that the FEMA rule is five acres or fifty lots pertaining to the question if the five acres or fifty lots or the entire subdivision is considered to be in the flood plain. He related that a subdivision of type is developed and it is in the flood plain, there has to be a flood study. He noted that the County’s study extends from the County line going north to Bridge Creek. He then related that aside from the land swap issue; the development shows 80’ of right-of-way for Loop Road, adding that the City is requesting 100’ of right-of-way to match what is preexisting to the north. He stated that the plans did not reveal a design for Loop Road or any cost to build Loop Road in this phase or any other. He related that his feeling would be 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. that the City would want a three-lane intersection across from Loop Road with a straight-right, a left turn and a southbound lane in that area coming into a two lane as it is to the north. He added that Southeastern Avenue should be T’d into Loop Road making Loop Road the major intersection. He noted that the property would need to be annexed into the City of Jacksonville before final plat approval. He stated that the Wastewater Department has given their acceptance excluding a few minor details. He noted that the Water Department would still need to grant permission for Loop Road coming through their property. In response to a question posed by Commissioner Dollar, City Engineer Whisker stated that while he is comfortable with pieces of the development, he is uncomfortable not having seen the design of Loop Road or resolution regarding the cost factor. He added that because of traffic considerations, he feels the road construction should be part of the first phase of the development. In response to a question posed by Commissioner McCleary, City Engineer Whisker then answered that the flood plain area involves lots 3, 2, 1, 76, 75, 93, and 65 through 74 that encompass the south end of the property. He stated that he would not be comfortable preliminary platting those lots until the flood study was concluded. Discussion ensued regarding the uncertainty regarding the road development, right-of-way, and design as well as those lots designated within the flood plain. Mr. Bond responded that he did not believe the developer would have a problem with the 100’ right-of-way; adding that he was unaware of the City’s design criteria for Loop Road prior to the meeting. He then answered that the issues regarding the land swap came to light during the finalization of the geometry regarding the Loop Road relocation. He explained that since that time there has not been an opportunity to discuss those issues with the Water Department. Discussion ensued regarding an alternate plan, which included a culdesac off the existing street that would not impact the design of the subdivision. Chairman Stroud stated that it would seem the preliminary plat is being presented prematurely, considering that the street design has not been finalized and that there are lots that are not ready to be included in the overall geometry. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. Mr. Bond stated that some of the issues were only discovered a few days ago, adding that he can assure the Commission that the sixteen lots will not impact the flood plain of Bayou Meto. He added that he also just became aware that the Mayor wanted Southeastern to connect as shown on the additional drawing. He stated that he and the developer are trying to settle those issues with the proper entities. He added that the issue with Loop Road lies more with City government and their desires rather than with the developer. Chairman Stroud questioned if additional lots would be added to the plat given the larger land swap. Mr. Bond responded that it is possible that additional residential lots could be added to the plat, adding that the property would lend itself to be a commercial tract. Chairman Stroud stated the importance of the Commission being aware of all development factors at the time the plat is submitted. Mr. Bond stated that the final plat and any changes would come back to the Commission, adding that the developer is asking for permission to proceed with the development under two conditions; one being the Loop Road issue and the other being the lots on the south end regarding FEMA, that could not be resolved in time for tonight’s meeting. Commissioner Dollar questioned if excluding the flood plain; if the remaining issues are the land swap, right-of-way and roadway design. City Engineer Whisker agreed that those would be the three largest issues. In response to a comment from Chairman Stroud, Mr. Bond responded that the Water Department requested a hydraulics analysis, which will be supplied to the Water Commission. City Engineer Whisker clarified that the Water Commission has not yet approved the preliminary plat including the land swap. He then noted that the Sewer Commission has approved the plat with minor conditions. Mr. Bond noted that if the Water Commission does not approve the land swap, the road would end at their property line. Mr. Bond then answered that the Planning Commission’s approval of the plat would not affect the Loop Road design because the subdivision 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. streets have no connections to Loop Road, adding that the only connection to Loop Road would be the unplatted commercial property. Commissioner Dollar stated that she does not feel comfortable approving the plat with the outstanding issues. In response to a question posed by Chairman Stroud, City Engineer Whisker stated that if the preliminary plat is approved he would request that the Commission stipulate annexation, final approval of lots 1, 2, 3, 75, 76, 93, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, and 74 would not be final platted until a flood study is approved as required by FEMA, Water Commission approval of the land swap and any water needs that they or the Fire Marshal would request, a 100’ right-of-way on Loop Road with the design including the intersection and tie on to Southeastern Avenue, and that Loop Road be completed by the developer before final plat of any lots within the subdivision. Mr. Bond agreed to the stipulations as stated. Commissioner Gray moved, seconded by Commissioner Dollar to approve the Preliminary Plat of Reed’s Heights Subdivision, stipulating that the property be annexed into the City of Jacksonville, that final approval of lots 1, 2, 3, 75, 76, 93, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, and 74 be withheld until a flood study is approved as required by FEMA, that the Water Commission approve the land swap and any water needs of the Water Department or Fire Marshal, that the developer dedicate 100’ right-of-way on Loop Road with the design of Loop Road including the intersection and tie on to Southeastern Avenue, and that the construction and cost of Loop Road be completed by the developer before final plat of any lots within the subdivision. MOTION CARRIED. c. REPLAT Lots 3R, 4R & 5R Stonewall Commercial Park Mr. Phillip Keaton of R&J Services related that the replat is being requested by Sheryl Zimmerman and property owners the Abdin family. He stated that Huff n’ Puff is proposing to increase the size of their building, adding that lots 4 and 5 are undeveloped and are being proposed as part of the replat to provide access to the two parcels for the new addition. He noted that the projected did receive approval from the Board of Adjustment regarding setback variances. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. City Engineer Whisker noted that the Commission tentatively approved the project last month contingent on the property owner joining the request and Board of Adjustment approval for variances. In response to a question posed by Commissioner Herbold, City Engineer Whisker stated that regarding drainage to the south, the water would have to be picked up and piped around the new part of the building. He added that Mrs. Zimmerman is aware of drainage and access issues as well as the requirement of a sprinkler system for the entire building including the existing portion and any landscaping requirements. Commissioner Evans moved, seconded by Commission Herbold to approve the Replat of Lots 3R, 4R & 5R of the Stonewall Commercial Park. MOTION CARRIED. d. PRELIMINARY AND FINAL PLAT JBJ Subdivisions Mr. Jerry Johnson explained that he purchased one lot on Loop Road and is now requesting to subdivide into two lots. He added that the property is currently zoned R-6. City Engineer Whisker related that the lot had been rezoned to R- 6 for a mobile home several years ago, adding that Mr. Johnson is now proposing to split the lot into two lots. He stated that his only request would be that the two lots share a common driveway providing only one entrance onto Loop Road. In response to a question posed by Commissioner Gray, City Engineer Whisker answered that the property was rezoned February th 7 2002. Commissioner Gray expressed concern for development of mobile home lots in close proximity to two multi-million dollar R-1 subdivision developments. He stated that he is not in favor of the intended use of the land. In response to a question posed by Commissioner Keaton regarding schematics for the proposed development, Mr. Johnson answered that he owns several mobile homes and has one available for the property. He described the mobile home as a nice 14’ X 48’, two bedroom, one bath with central heat and air. He stated that the mobile home is currently located at Pine Meadows Mobile Home Park. He reminded the Commission that the property is already zoned for mobile home use, adding that he already has approval from the City Engineer’s office to place one mobile home on the 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. property. He added that his request is for two mobile homes, he continued that the property would be rental property. He related that the property would be maintained to City Code. He agreed to have one access to the property. Options were briefly discussed and Mr. Johnson offered that he does not perceive any significant impact of two mobile homes versus one mobile home regarding the surrounding development. Commissioner Evans moved, seconded by Commissioner Dollar to approve the replat as requested, stipulating that the lots have one common access onto Loop Road. MOTION CARRIED with Commissioners Gray and Herbold voting NAY. e. PRELIMINARY PLAT Lost Creek Estates Mr. Duane Reel of R&K Services stated that the development consists of 50 lots. City Engineer Whisker related that the Fire Marshall had expressed concerns regarding curb #7, explaining that the radius is 36.93 and a ladder truck requires a 43.5-foot radius to make a turn. He then stated that the Water Department would like to have a 1,000 gallon fire flow in order to meet the class 3 fire rating. He related that the City would like the developer to prove that not only his subdivision can achieve the 1,000 gallon per minute fire flow but that when he ties onto the pipe with this system that the other downstream recipients of that water would also achieve the 1,000 gallon per minute fire flow. He noted that in particular that would be the Base Meadows Subdivision. He stated that the developer was additionally asked to tie into the east side of the property above General Samuels which was attempted through Bolder Trail, adding that he does not believe the attempt complied with his request. He explained that the reason for the street placement was that school children and vehicle traffic could reach Harris Road without having to go down to General Samuels Road. He added that the road would also be for firefighters to have a second entrance in case of fire without blocking an exit in an emergency. He then noted that the plat shows a 25’ building line on the west side of the properties which should be a 35’ building line. He continued that the developer did establish a requested Corp. of Engineers flood area, explaining that the LRAFB needs to maintain the base lake at a low hazard regarding the dam breakage. He stated that aside from mentioned concerns the rest of the development looks good. He stated that the Wastewater Department has given tentative approval, adding that the Water Department has not. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. In response to a question from Commissioner McCleary, City Engineer Whisker related that lots 19 through 33 are showing a 25’ building line setback. He then answered that sidewalks are shown around the entire subdivision and along General Samuels. In response to a question from Commissioner Herbold, City Engineer Whisker clarified that the sidewalk requirement in the Crooked Creek area came as a result of the property being adjacent to Tolleson Elementary School. He then noted that any development adjacent to the proposed subdivision would tie onto existing roads in the development. Commissioner Herbold stated that he felt the school children would cut-through rather than using Bolder Trail, which was his reason for mentioning the cut-through in Crooked Creek. City Engineer Whisker related that he felt added drainage structures need to be in place for lots 9-12, to ensure adequate drainage. He then answered that Bolder Trail would dead-end into the woods until further development occurred to the east. He stated that it is not uncommon for a road to dead-end regarding anticipated adjacent future development. He then answered that the current developer does not own the property adjacent to the east. In response to a question posed by Commissioner Traylor, City Engineer Whisker related that the access to the subdivision is located near the top of the hill. He added that the City would request annexation before the final plat is approved, explaining that the property touches the City limits on the east and north. Discussion ensued regarding the most natural avenue for the school children to use going to Tolleson Elementary. City Engineer Whisker stated that if a road going to the east were planned, the preliminary plat stage would be the time to set that location. In response to a question posed by Chairman Stroud, City Engineer Whisker responded that the common area on Bolder Trail would be addressed in the bill of assurance to be maintained by the property owners association. In response to an observation by Chairman Stroud, Mr. Fulmer stated that regarding the odd shape of some lots within the development, he has house plans to accommodate those lots. He stated that the minimum square footage would be 2500 square feet. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. He reviewed the possible square footage for several of the lots, saying that each of the lots can have a house designed to fit the lot size. He stated that some of the lots are presented with a 25’ setback because of the hilly terrain of the subdivision, explaining that the elevation increases the further the house is setback. He stated that the 25’ setback is to prevent the elevation from becoming too steep for building. Chairman Stroud noted that a variance would have to be granted to keep the 25’ setback for some of the lots within the development. In response to a question posed by Commissioner Traylor, City Engineer Whisker responded that the normal width of lots is 70’ at the build line and 8400 square feet per lot. He then answered that the minimum lot size is 70’ X 120’ or 8400 square feet, which addresses lot width and depth. Discussion ensued regarding the width of a two-car driveway, Mr. Fulmer offered that many builders only make the driveway 16’ which is the width of the garage. He then added that he constructs his to be a minimum of 18’ with a 3’ winged design at the street on each side of the driveway. Commissioner Dollar summarized that approval would be with the 35’ setback, another access into the development, additional drainage structures for lots 9, 10, 11 & 12, compliance with radius request, and the 1,000 gallon per minimum fire flow for this subdivision as well as a guarantee for the Base Meadows Subdivision. Mr. Reel stated that the radius can be adjusted to accommodate the minimum turning radius without affecting the building of lots. He stated that the suggested second street in the vicinity of lots 7,8, or 9 would be a large additional cost to the developer. Discussion ensued and the street was characterized as a part of the long-term development of the area. In response to a question posed by Chairman Stroud, Mr. Reel related that there is enough room to soften the curve without interfering with the building of lot 41. Mr. Reel related that City Engineer Whisker had requested that the creek be lined, explaining that the creek is an all-weather creek that is setback far enough in the woods that it would not 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. seem feasible or practical for anyone to disturb the natural settings to fill or concrete the creek. He stated that the creek handles drainage from the LRAFB, which crosses General Samuels and flows down to the Metropolitan area. Commissioner Dollar questioned if there is an alternative to concreting the creek bed. Mr. Reel offered that the bill of assurance could restrict any activity that would obstruct the natural flow of drainage. He noted that any further development to the east of the property would have to address the same issue noting that the creek is fairly deep before nearing General Samuels Road. He stated that the developer is requesting that the area remain in its natural setting. City Engineer Whisker stated that his main objective would be to ensure that any drainage from the LRAFB remain open, then he related that as the drainage flows it would come to a swell located to the rear between lots 9 and 10, noting the difficulty for the Street Department to be able to cross residential property for maintenance. He stated that there should be some type of defined drainage control with a provided easement. Additional drainage issues were discussed; Mr. Keaton stated that while the ditch is not deep it is lower in elevation to the left or right with a smooth transition. He stated that the water runs to a major ditch located to the west side of the property where there is a major drainage structure, which is being proposed to be left natural. Commissioner Herbold noted that the ditch comes out between the stop sign and the proposed entrance. Discussion resumed regarding a second entrance for the development near lots 7 and 8 and the proximity of those lots to Tolleson Elementary School and the football field. It was noted that without a second entrance the next developer of the adjacent property might face the possibility of being landlocked. In response to a question posed by Chairman Stroud, Mr. Reel related that Bolder Trail is far enough to the north that lots could be backed up to General Samuels facing Bolder Trail. He stated that there is approximately 140’ of depth from the street 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. right-of-way back to the south line of those lots, which would allow for another line of lots facing the north. He noted that the design of the street was mainly for presentation of the lots on the west side regarding the brow of the hill. Discussion ensued regarding the justification of a 25’ setback variance granted by the Planning Commission regarding the topography of the land for the most aesthetic placement of homes. Chairman Stroud requested feedback concerning the developer’s request regarding the greenery aspect of the development between the two phases and behind lots 12, 11, 10 and 9. Commissioner Keaton stated that he would be abstaining from the vote. He pointed out that in observation there is enough room between the building line and the creek to build a house without disturbing the creek. He added that he did not feel that there would be any drainage problems or backup to the Air Force Base. Mr. Reel stated that since the area is not a well-defined drainage ditch, but has a long slope on the valley floor before going to the other side, there is not any place to put a concrete ditch. He offered that flow anticipators could be used at the end of the storm drain for the discharged storm water to keep from washing the area out. Commissioner Dollar suggested a feasible compromise between a concrete ditch and being strictly left undefined. City Engineer Whisker offered the developer the options of installing a pipe, or constructing a rock area to define the drainage area, or a small swell of concrete to define its drainage place. He stated that he is asking for something that will define the drainage area and keep it open; adding that his concern is that someone might fill in the area without realizing the area is for drainage. Mr. Reel offered that they could shorten the back lotline to make the ditch run down the middle of the low area and turn that part that goes up the hill into a POA green area. City Engineer Whisker conceded if the property lends itself to a proper lot size. Mr. Reel stated that there could be several options, explaining that it could be made into an easement that would prevent anyone 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. from disturbing the area. He added that it could be stipulated in the bill of assurance, saying that the property could be allowed to fence to the easement. In response to a question posed by Chairman Stroud, Commissioner Dollar supported the idea of preserving the green area a much as possible under suitable terms for the City. Commissioner Herbold stated that he believes moving the lotline would prevent property owners from being able to disturb the area. He supported moving the lotline as a feasible option. Commissioner Keaton noted that his earlier suggestion was to create an easement area, which would serve to keep the area undisturbed. Chairman Stroud noted that under Jacksonville Municipal Code 18.84.030 provides that the Planning Commission can grant variances during the plat presentation. Commissioner Dollar moved, seconded by Commissioner Gray to approve the Preliminary Plat of the Lost Creek Estates, stipulating that a 25’ setback variance be granted on the west side lots as discussed, that the turn radius be adjusted to comply with concerns from the Fire Marshall, that drainage issues be addressed regarding lots 9, 10, 11, 12, construction of proper sidewalk placement, demonstrate water capacity of 1,000 gallons per minute for not only Lost Creek Estates but also adjacent developments along with Water Department approval, to establish an addition road from Bolder Trail providing access onto Harris Road in the vicinity of lots 7 or 8, and have the subdivision annexed into the City of Jacksonville. MOTION CARRIED with Commissioners Dollar, Gray, Herbold, and Evans voting AYE. Commissioners McCleary and Traylor voted NAY. Commissioner Keaton abstained from voting. f. PRELIMINARY PLAT Graham Settlement Mr. Bond related that there are two issues for discussion, adding that the major issue is Franklin Street exiting the property. He reminded the Commission that it was requested that the street be moved into the area of lot 44 and 45. He stated that the problem with moving the street is that the developer would lose one lot at the cost of approximately $20,000.00. He stated that as far as development costs there would be no significant change. He offered that they have been able to provide an access easement 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. to a street coming off Loop Road Acres. He noted that City Engineer Whisker had expressed concerns for emergency vehicles, Fire Department equipment, and garbage trucks. He stated that the developer is prepared to offer an access easement at the end of the culdesac at lot 53, so that an alley could be constructed to connect. He stated that the other issue is undefined regarding the drainage problems in Heritage Park. He related that there is a ditch that terminates on the adjacent property. He stated that City Engineer Whisker has asked that the issue be addressed, but added that he is not sure of the magnitude of the problem. City Engineer Whisker addressed the access issue of Franklin Street, saying that the request was either to move the entrance to lot 45 so as not to have accesses 132’ apart on Loop Road, explaining that it would spread the two streets apart so that they would be approximately half way in between each other. He stated the other request would be to take Loop Acres Drive and continue the road into Franklin Street with a 50’ right-of-way through lot 53. He noted that lot 53 would then not be wide enough to develop a house and the developer would lose a lot. He stated that the point of a T-street into another development is so the street can continue. He stated that if the developer does not want to attach streets, he would request that the developer loop Franklin Street half-way down so that it is away from the street that would then be built by the City across Loop Acres at the very north end of the property behind lot 53. He continued that his second request would be regarding drainage, explaining that Heritage Park has a pipe, which crosses onto the new development near lots 15 and 16. He related that the drainage goes down and abuts that area and the water does not do a good job of draining through this area to Loop Acres Road where it stops. He stated that the City is requesting that the developer pick up the drainage from Heritage Park and continue it through the subdivision on its natural course as would be requested of any developer. Mr. Bond stated that the City is asking the developer to correct problems the City created regarding previous approvals of the Heritage Park and Loop Road Acres Subdivisions. He stated that he personally has a problem requiring a developer, who had no part of those developments, to pay for fixing problems that which the City allowed to be created. He related that there are only eight houses on the end culdesac street in Loop Road Acres, adding that there would only be eight more on the north end. He 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. related that the street connects in the middle and that the only vehicles that would generally use the street would be Police, Fire, ambulance, and garbage trucks. He stated that the developer is prepared to provide sufficient room to build an alley to connect to. He went on to say that regarding the drainage of Heritage Park and the topography of Graham Settlement there is no defined channel, adding that it is not a natural drain. He added that apparently the drainage does not even come to the property line of Graham Settlement. He stated that the problem would have to be addressed on the adjacent property to bring the drainage to the Graham Settlement before they would have to address drainage. He stated that what the City Engineer is describing would require approximately 450 to 500 feet of storm drainage pipe, costing between $15,000.00 and $25,000.00 to solve a problem that the developer did not create. He concluded saying that a drainage problem is not discernable on the new development. Chairman Stroud stated the responsibility of the Planning Commission to guide developments regardless of previous development circumstances that may be perceived as erroneous. He continued that with proper planning, following developers should follow the lead of previous developments such as roads and drainage. He reviewed issues regarding the storm water, saying that it would not be prudent for the Planning Commission to allow back filling of the lots in the Graham Settlement to cause drainage problems for the Heritage Park Subdivision. He stated that he feels Graham Settlement should be incorporated into the surrounding developments as feasible and aesthetically as possible. Commissioner Keaton stated that if the storm water never has an opportunity to reach the newly proposed development, he does not feel that it is the responsibility of the new developer to resolve that situation. Chairman Stroud related that there is a 12” pipe that comes out from Heritage Park around lots 14 and 15 underneath the street, adding that the majority of storm water that he is referring to comes in around lots 18 and 19. He noted that there is an existing ditch where the water flows, adding that it could cause a back up situation if not addressed properly. City Engineer Whisker stated that the contours reveal the path to be between lots 17 and 18 as it goes up to the north corner end of the property. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. Chairman Stroud stated that in talking with adjacent property owners he learned that it is the property owner that lives at the end of Heritage Park in the vicinity of lot 17, 18, and 19 where most of the storm water flows. City Engineer Whisker related that Heritage Park backs up to the west side of Graham Settlement, adding that the water stands behind the back of those properties. He stated that it would surprise him if the water did not touch Graham Settlement since the properties share a common boundary. Discussion ensued and it was revealed that the property is currently zoned C-2 and should be rezoned for residential regarding current development plans. In response to a question posed by Commissioner Keaton regarding the sewer, City Attorney Bamburg responded that the Wastewater Study has been partially completed and the engineering reports indicated that if the Wastewater Department makes repairs and rehabilitation to the east pump station, it will allow development on the east portion of Jacksonville to include an additional 650 connections. He added that the Wastewater Department has budgeted for those repairs to be made this year and anticipate that the repairs will be completed sometime around the beginning of 2006, which would match the schedule of development of Graham Settlement. He stated that the Sewer Commission approved the development at their previous meeting contingent upon the Wastewater Department making those upgrades and repairs to the east pump station. Mr. Bond noted that the repairs would cost approximately $550,000.00. It was noted that the motion would need to stipulate the property being rezoned. Developer Mrs. Dana Nixon stated that she would be willing to provide the City with an easement for drainage, adding that it is her understanding that the drainage from Heritage Park does not reach her property and thus offers her no right to go onto property other than her own and connect. Chairman Stroud stated that discussion has been about collecting the storm water that is coming onto Graham Settlement in a manner that it could be routed through the development. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. City Engineer Whisker stated that further development would need to ensure that the storm water ends on Loop Road at a pipe crossing in the vicinity of lot 51. Discussion ensued regarding concern for storm water collecting around lots 14 through 19 with the majority of collecting around lot 18. In response to a question posed by Commissioner Keaton, Mr. Bond related that the storm water design is for the drainage structure to be located at the intersection of Boston and Franklin Streets. He stated that the contours show that at lot 9 the drainage breaks to the south and goes around the curb to be picked up at the intersection of Boston and Franklin Streets. He added that another drainage structure and retention pond would be developed on lots 37 and 38. He stated that the drainage is a simple matter, and that overflow is simply sheet flow. He pointed out a ridge on the property, saying that there is little to no drainage area on the property that is contributing to the problem that is being discussed. Commissioner Keaton confirmed with Mr. Bond that the drainage is collected at lot 59 and piped south. City Engineer Whisker interjected that it would go directly east under Loop Road. Mr. Bond then explained that there is an 18” pipe under Loop Road at lot 51. Commissioner Keaton questioned if there would be a way to develop a swell to handle water from the west point between lots 17 and 18 and have it flow east to the basin. Mr. Bond pointed out that the contours would indicate that the water is flowing north in that area; Chairman Stroud added, or to the street curbs going down to lots 59, 54, 52 where the collection point is. He asked Mr. Bond if it is correct that the design is to collect water between the two lots, onto the street, down the curb and gutter over to Franklin and Boston Streets corner. Mr. Bond replied that there is a provision for that and there is a design already in place to collect all the water in that drainage area into that entity, adding that is what our design reflects. 16 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. Chairman Stroud pointed out that instead of dedicating an easement, the design was for it to flow evenly through those lots to the collector point. Mr. Bond related that normally sheet flows across lots, he then offered that they could provide a swell channel to get the water to the street, noting a 3’ fall from the back property line to the front. City Engineer Whisker supported the suggestion, saying that his concern was to ensure that the water continues to flow. Mr. Bond agreed to provide a swell through the area and an easement. City Engineer Whisker requested that it be some type of concrete permanent type structure. Chairman Stroud advocated that further details concerning the swell could be worked out between City Engineer Whisker and Mr. Bond. In response to a question posed by Chairman Stroud, Mr. Bond stated that regarding tying Loop Road Acres into the new development, he had proposed accomplishing that with an alley. He added that he does not feel that there would be significant enough traffic to justify a street. He continued that Loop Road Street is actually an alley, saying that it has curb on only one side and is approximately 20’ wide at the most. He stated that since the street is there it could be connected into this development, pointing out that the main reason was for emergency vehicles. City Engineer Whisker related that currently there is only one entrance into Loop Road Acres and it ends at a dead end leading to proposed new development, he stated that typically there are two accesses to a property. He stated that the road ends so that the next developer can pickup and carry the road forward. He stated that if the developer is not willing to tie onto the street then the City will end up having to develop that road back out to Loop Road at the south end of the property. He continued that if that happens he would not want another road (Franklin Street) 132’ in distance onto Loop Road. He reviewed his earlier suggestion that the developer either put a road through lot 53 to connect to Loop Acres Drive into Franklin Street or the option of 17 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. moving the entrance from Loop Road to Franklin Street down to lot 45. He added that in some point in time the City would attach Loop Road Acres back to Loop Road, leaving the roads spaced approximately 500 feet apart. He then explained the importance for securing proper access for emergency vehicles and their mobility in the south end of the Loop Road Acres Subdivision. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that he was not in favor of a 20’ alley way. Commissioner Herbold theorized that Loop Acres Road would receive a significant amount of traffic from the new development if their destination was to the north of Jacksonville. Commissioner Keaton moved, seconded by Commissioner Traylor to approve the preliminary plat contingent that a rezoning request be submitted later, drainage concerns that maybe coming in from Heritage Park, and the rest of the plat as submitted. MOTION CARRIED with Commissioners Gray, Keaton, McCleary, and Traylor voting AYE. Commissioners Dollar, Herbold, and Evans voted NAY. g. FINAL PLAT Rigdon Family Subdivision Mr. Troy Laha stated that he surveyed the property when Mr. Rigdon became interested in purchasing a portion of the property and one of the buildings from Mr. Fritts. He stated that he suggested to Mr. Rigdon to contact Mr. Sherman James of the County Planning Commission to see if it would be agreeable with the County for this land to be split. He noted that some Hwy. frontage was taken by the Highway Department for the interchange. City Engineer Whisker related that the property was annexed in 1984, adding that a new building was constructed in 2002 or 2003. He stated that both tracts are located in the flood plain and need to be designated as such. He stated that the biggest issue with the property would be access, adding that a major development is planned by the Dupree Family for the bean field that will be attached to Warden Road. He noted that the lot split would require 60’ of frontage right-of-way for the Highway Department to establish a frontage road. He added that one problem with the plat is that access would be gained through someone else’s property. In response to a question posed by Chairman Stroud, Mr. Laha stated that there is access to tract one through a dedicated right-of-way for Warden Road by the Highway Department. He added that it is the right-of-way for the interstate interchange. 18 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. Chairman Stroud noted that there are two driveways into tract two, and Mr. Laha stated that there is an easement across part of tract two for access to tract one where the driveway is now. Chairman Stroud questioned if there is access to tract one without having to cross tract two. Mr. Laha stated that access could be gained by coming further down the right-of-way that has been dedicated but added that there is currently not a suitable driveway established as yet. In response to a question posed by Chairman Stroud, Mr. Laha replied that he has not yet spoken with the Highway Department regarding access from their right-of-way. He stated that there should not be a problem since it is a dedicated right-of-way. Discussion ensued regarding tract two being landlocked. Mr. Laha pointed out that the access on tract one would keep the property from being landlocked. It was worked out that the two property owners would redraw the plat to provide the area currently shown as an access easement as a platted part of tract two. City Engineer Whisker clarified that to his understanding the Highway Department has never expressed any desire to build a frontage road in that area, adding that there are plans to develop the bean field tying into that area. He continued that if the Highway Department decides not to build the extension of Warden Road that would stop plans for the future development of tying into Warden Road, which is the reason for the request of 60’ of access easement. In response to a comment from Commissioner Keaton, City Engineer Whisker acknowledged that the extension of Warden Road would actually go through the property instead of through the right-of- way at some point in the future becoming a City street. Discussion ensued regarding the Highway Department allowing future access to the property; Mr. Laha stated that the Highway Department does not show a control of access regarding the property. He clarified that a control of access would prevent anyone from being able to access the right-of-way. He stated that he is assuming that since the Highway Department does not show a control of access, the Road could be extended either by the developer or later when the Highway Department ties it together at their expense. 19 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. City Engineer Whisker noted that 60’ of right-of-way would be for a collector street, but added that the building appears to be only 53’ from the property line. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that the City would not construct the street, saying that it would be up to the developer when the bean field is developed or the developer who is requesting the lot- split. Discussion ensued and it was determined that the zoning of the property would need to be changed to suit commercial development. Commissioner Herbold stated that if the access easement is part of the contract he does not feel the boundary line would need to be changed. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Replat of the Rigdon Family Subdivision contingent upon the final plat carrying the “F” designation at the end of each tract name and a 60’ access easement for the extension of Warden Road and the rezoning from R-0 to commercial where applicable. Discussion ensued as to the Highway Department’s plans to widen Highway 67/167 and the possibility of a cross over bridge. At this time, MOTION CARRIED. h. FINAL PLAT L and C Addition Pulaski County Representative Mr. James Butler related that the property is a 3- lot residential subdivision in Pulaski County, adding that plats have also been submitted to the County Planning Commission. He stated that right-of-way has been dedicated to Hatcher Road for a 70’ right-of-way. He stated that the developer is requesting to develop the road to County standards, which is the current way Hatcher Road is developed. He continued that the developer is requesting a waiver regarding the sidewalks, explaining that the property to the north is a platted subdivision that has already been developed without curb, gutter and sidewalks. He added that the property to the east is also developed without curb, gutter, or sidewalks. City Engineer Whisker related that the lots are planned for duplex residential development, adding that there is no zoning in 20 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. the County. He stated that typically there have been no improvements required in this area, but added that he feels any approval should include stipulations that all County standards be met. It was noted that the subdivision would share a common access to Hatcher Road. Discussion ensued regarding the development of sidewalks in the area, City Engineer Whisker stated that he was not sure when the City could annex that far out. Commissioner Dollar moved to approve the Final Plat of L and C Addition, stipulating the development of sidewalks with all other improvements to be to County standards. MOTION DIES FOR LACK OF A SECOND. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the Final Plat of the L and C Addition, stipulating that all County standards be met regarding improvements, and a waiver regarding sidewalks. MOTION CARRIED with Commissioner Dollar voting NAY. BUILDING PERMIT(S): a. 1912 McArthur Drive Petitioner was not present, Chairman Stroud removed the item from the agenda. b. 100 Two Pines Drive Petitioner Waste Management Mr. Jim Dunbar stated that he would represent Waste Management, explaining the proposal to develop a small building on the property. City Engineer Whisker clarified that the building would be for the purpose of converting the landfill gas into electricity. He stated that the electricity would be used to power other electrical companies in the area. He stated that the proposal is good from an ecological standpoint. Commissioner Dollar moved, seconded by Commissioner McCleary to approve as requested. MOTION CARRIED. GENERAL: Chairman Stroud announced that Metroplan would present a brief overview of the Transportation 2030 Plan at the next regularly scheduled Planning Commission meeting. 21 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. – 9:43 P.M. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 9:43 p.m. Respectfully submitted, _________________________ Susan L. Davitt 22