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05 MAR 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on March 14, 2005. Chairman Stroud led a standing audience in the “Pledge of Allegiance” to the flag and Commissioner Dollar delivered the invocation. Chairman Stroud presented former Chairman Art Brannen with a service award plaque for his years of service to the Planning Commission spanning from 1991 through 2004 ROLL CALL: Commissioners Susan Dollar, Bart Gray, Jr., Emma Knight, 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 nine (9), ABSENT (0). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Thad Gray, Daniel Gray, and the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Traylor that the minutes of the 14 February 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. Chairman Stroud clarified that the motion to accept the sketch plat for the Cargile property on Trickey Lane as voted on at the previous Planning Commission meeting did pass with a four to one vote in favor. PUBLIC HEARING(S): a. REZONING on Stanphill Road of 3.32 acres from R-3 to R-2 Chairman Stroud opened the public hearing at approximately 7:05 p.m. Mr. Daniel Gray of Burton and Gray Development related that the property is currently zoned R-3, adding that an R-2 rezoning is being requested to accommodate the proposal to develop the property for duplexes. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:06 p.m. In response to a question posed by Commissioner Herbold, Mr. Gray answered that the duplexes would be rental. He then affirmed with Commissioner McCleary that the development would comply with landscaping codes. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. Commissioner Keaton moved, seconded by Commissioner Traylor to approve the rezoning request regarding a 3.32-acre tract of land located on Stanphill Road from R-3 to R-2. MOTION CARRIED with Commissioner Gray abstaining from the vote. b. REZONING 15.39 acres adjacent to Growing Pines Subdivision from R-3 to R-1 Chairman Stroud opened the public hearing at approximately 7:07 p.m. Mr. Daniel Gray stated that the 15.39 acres would be developed for approximately 31 single-family homes adjoining Growing Pines Subdivision PH I. He noted the property to be PH II of that Subdivision. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:09 p.m. Commissioner Knight moved, seconded by Commissioner Dollar to approve the rezoning of approximately 15.39 acres adjacent to Growing Pines Subdivision for development as PH II of Growing Pines Subdivision. MOTION CARRIED with Commissioner Gray abstaining from the vote. c. CONDITIONAL USE at 236 Pear Street Chairman Stroud opened the public hearing at approximately 7:10 p.m. Pastor Ted Patterson of Jacksonville Baptist Temple explained that in February his Church entered into a contract to sell the building at 236 Pearl Street to the Church of Christ to be used for religious purposes. He stated that on behalf of the Church of Christ, Jacksonville Baptist is requesting a continued conditional use to operate as a church. In response to a question from a member of the audience, Chairman Stroud read the definition of conditional uses, explaining that the property, if approved, would be restricted to use as a church only. It was explained that a conditional use does not automatically transfer to new ownership and must be addressed through a new application. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:15 p.m. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. Commissioner Gray moved, seconded by Commissioner Herbold to grant a conditional use at 236 Pearl Street to be utilized as a church facility. MOTION CARRIED. d. REZONING 208 & 210 Elm Street from R-1 to R-2 and R-3 Chairman Stroud opened the public hearing at approximately 7:16 p.m. Mr. Johnny Bradley of 1329 Southeastern stated that he is the owner of three adjacent lots on Elm Street. He explained that he is proposing to build a small set of duplexes on the lot being requested for R-2 rezoning. He then informed the Commission that the property that currently has apartments was never formally rezoned as such, so he is requesting a zoning of R-3 to match the current use of the property. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:17 p.m. City Engineer Whisker noted that the apartments were built prior to the existence of zoning laws for the City of Jacksonville. He added that the area is located in the mixed-use district, which is an area designated for higher residential density and light commercial. He stated that the request would meet with the Master Land Use Plan. In response to a question posed by Commissioner Herbold, Mr. Bradley stated that he does not have current plans to rebuild the apartment complex. He explained that according to current zoning laws if the apartments were destroyed by fire, he would not be permitted to rebuild under the current zoning. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the rezoning of 208 & 210 Elm Street from R-1 to R-2 and R-3 respectively. MOTION CARRIED. e. REZONING 4000 West Main from R-0 to C-2 Chairman Stroud opened the public hearing at approximately 7:20 p.m. It was noted that the petitioner was not present to represent the item of business. Chairman Stroud asked that members of the audience wishing to oppose the request to make that known by a show of hands. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. It was noted that approximately 40 members of the audience signified opposition to the request, and two petitions from the area neighborhood were accepted by the City Clerk as a matter of record in opposition. In response to a question from Commissioner Gray, City Engineer Whisker responded that the Land Use Map depicts the area as residential. Chairman Stroud closed the public hearing at approximately 7:23 p.m. Commissioner Gray moved, seconded by Commissioner Herbold to deny the request to rezone 4000 West Main from R-0 to C-2. MOTION CARRIED. f. REZONING 1109, 1109C, & 1109D South Road from R-0 to C-2 Chairman Stroud opened the public hearing at approximately 7:25 p.m. Mr. Joe Hayden of 1001 Madden Road stated that he is requesting a rezoning to R-3. He then explained that the property is bordered by R-3 zoned property on the south with an apartment complex, rental property to the north, a vacant lot to the east and South Road to the west. He stated that he has no plans to build an apartment complex, adding that the property is listed for sale and an interested party has requested the property be rezoned to R-3. Mr. Harry Mathews of 1112 South Road expressed his opposition to the rezoning and to the established rental property already in the neighborhood. He related that he paid $2,000.00 dollars, fifty years ago when building his home to establish water from 500 South Road, adding that he was told by the Water Department that he would be reimbursed for every home that tied onto the water service. He stated that he has not been reimbursed for any service connections. He stated that the area consists of single- family homes except for the one apartment complex, which was built without his knowledge when he was working out town. He related that there has been drug problems regarding the apartments. He noted that a petition in opposition has been submitted. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. Mr. Don Jackson of 1004 South Road stated he has been a resident at his present home for 27 years. He related that he learned through speaking with Mr. Hayden outside the meeting that Mr. Hayden’s only intent in rezoning the property was to increase the property value. He stated that he represents Mrs. Hughey, Mr. Arcameric, and Mr. Phillips of the neighborhood. He related that South Road is being widened because of the tremendous amount of traffic, adding that there is a neighborhood effort to clean up the area. He related that the area apartments were never rezoned for apartments but were just built. He pointed out that the neighborhood consensus is not to have any more area apartments. He related incidents involving the Police and residents of the existing apartments and stated that the neighborhood would be more receptive to single-family or duplexes rather than apartments. Chairman Stroud closed the public hearing at approximately 7:34 p.m. City Engineer Whisker related that the property, which has three existing houses, is an odd L-shape, explaining that there is a driveway easement that leads to two additional houses. Discussion ensued regarding the location of area rental property. Commissioner Knight stated that as selling agent for the property, she would be abstaining from the vote. She concurred that there is no offer pending. She related that a purchaser was lost because of the property zone, adding that there has been other interest in developing duplexes or tri-plexes on the long part of the L-shape of the property, but nothing in writing. She stated that she is not aware of any intention to develop apartments, only some interest for constructing a turn around with nice duplexes or tri-plexes. Commissioner Dollar stated that she does not have any problem with duplexes, tri-plexes or town houses. She added that if the property is rezoned to R-3 it would open the property up to other uses such as rooming houses, boarding housing, institutions for children and the aged, private clubs, and lodges. She cautioned that the Commission would want to be careful regarding opening the property to varied permitted uses. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. Commissioner Knight stated that if it were possible to get townhouses in the area it would be a major plus for everyone, but added that it would be difficult to get a developer to commit to that kind of investment in that area. In response to a question from Chairman Stroud, Mr. Jackson pointed out that there are residents who have acreage and who could request rezoning for apartments, adding that the residents of the neighborhood are not in favor of additional apartments. He surmised that the addition of apartments to the neighborhood would jeopardize area Pathfinder residents, adding that any rezoning to R-3 would open the entire area to possible R-3. In response to a question posed by Chairman Stroud, Mr. Hayden stated that an R-2 rezoning as opposed to the property’s current R-0 zoning would be more acceptable. It was clarified that the Land Use Map shows the property as residential. In response to a question posed by Commissioner Gray, Mr. Hayden and Mr. Mathews clarified that the age of the area homes is approximately 40 years. Commissioner Gray noted that there are three homes located on a single tract of land. Discussion ensued regarding the current zoning of adjacent property and it was clarified that R-3 zoning was in proximity to the property. City Engineer Whisker stated that the south side of the property touches R-3 property and the first two lots to the north are zoned R-1 followed by R-3 zoning. Commissioner Gray stated that while he is not opposed to the R-3 zoning request, without a development plan he is not certain that a rezoning would be the best action for the Planning Commission to consider. He stated that he does not believe that multi- family housing in an R-1 or R-0 neighborhood is necessarily detrimental, adding that it can lead to improvements in neighborhoods regarding new construction. Commissioner Dollar concurred, adding that a development proposal would clarify issues for rezoning possibilities. Commissioner Dollar moved, seconded by Commissioner Evans to deny the rezoning request of 1109, 1109C & 1109D South Road. MOTION CARRIED with Commissioner Knight abstaining from the vote. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. g. REZONING of 809 Quince Hill Road from R-0 to R-1 Chairman Stroud opened the public hearing at approximately 7:46 p.m. It was noted that the petitioner was not present. A petition of opposition from area residents was offered for the record. Chairman Stroud asked for a show of hands regarding opposition to the request and noted that six members of the audience were registered in opposition. Chairman Stroud closed the public hearing at approximately 7:48 p.m. Commissioner Dollar moved, seconded by Commissioner McCleary that in absence of the petitioner, to deny the request to rezone 809 Quince Hill Road. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Stanphill Duplex Addition Chairman Stroud noted that the property was approved for rezoning at the beginning of the meeting. Commissioner Gray excused himself from the meeting at approximately 7:50 p.m. and returned at approximately 7:56 p.m. Mr. Daniel Gray stated that the plat consists of 13 lots to be developed a duplex subdivision. City Engineer Whisker and City Attorney Bamburg clarified a correction to the legal description submitted on the plat. City Engineer Whisker noted that the property is located along Stanphill Road. He explained a mistake by the Engineering Department noting that a collector street is 36’ back to curb, back to curb, adding that in some areas the City has not observed that standard when making curb, gutter and sidewalk improvements. He added that in some instances the City has not put in the 18’ of half street improvements but only 13.5’. He went on to say that the City is requesting that the petitioner put in the full 18’ along Stanphill Road with curb, gutter and sidewalk in front of the duplexes. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. Discussion ensued regarding the speed limit and if widening the street would encourage faster speeds along Stanphill Road. City Engineer Whisker commented that wider streets and centerline striping does encourage faster traffic. Chairman Stroud explained that the City made improvements to Stanphill Road, making the widening to 27’ instead of 36’ back to curb. City Engineer Whisker also noted that the City is only widening South Road to 27’ back to curb, back to curb with sidewalk regarding an improvement project. He added that part of the problem for the City is right-of-way acquisition, explaining that it cannot be expanded regarding sidewalk installation without having 60’ of right-of-way. He noted that in the situation involving the proposed plat there is enough right-of-way, adding that the proposed plan shows a 4’ buffered sidewalk of 5’. Mr. Daniel Gray agreed to the curb, gutter and sidewalk recommendation, but added that when the street was designed it was designed as a normal residential street instead of a collector street. He stated that he feels the Master Street Plans needs to be reviewed, adding that it shows Pearl Street as a feeder street even though it is a dead-end street. He agreed with Chairman Stroud that his contention is that Stanphill is not a heavily traveled street, adding that he had related to City Engineer Whisker that without the City having made improvements to Stanphill he would not have considered this project. Discussion ensued regarding the increased traffic as a result of adding the duplex subdivision and Mr. Gray related that the design of a double-driveway would accommodate four vehicles per unit. City Engineer Whisker conceded that there are minor discrepancies regarding the Master Street Plan, but pointed out that Stanphill is listed as a collector street. He then pointed out that Stanphill does collect the apartment traffic and traffic generated off Lemac heading west. Mr. Daniel Gray questioned the possibility of creating a bottleneck if the street is developed as requested regarding earlier City improvements. Chairman Stroud noted that there is a large buffer distance buffer the development and the City’s improvement area. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. Discussion ensued regarding efforts to stay with the Master Street Plan. Mr. Gray noted that the Sketch Plat was presented to the Commission last month but was unable to be addressed due to the lack of available Commissioners. He added that he was expecting to have recommendations from the Commission at that time. Chairman Stroud answered Mr. Gray that amendments to the Master Street Plan regarding Stanphill Road could not be addressed at this meeting. City Engineer Whisker then answered that developers are requested to make improvements to 36’ back to curb, back to curb such as with Harris Road regarding the Forest Oak development and Small Oaks at the corner of North First and Quince Hill Road. City Engineer Whisker then answered that those situations are similar to Stanphill, further explaining that there were right-of-way constraints in the case of Madden Road and South Road. In response to a question posed by Commissioner Herbold, Mr. Gray related that if held to the 36’ improvements he would loose 5’ on the front of the development. He explained that the current duplex plans do not feature garages or carports, which is something that he is considering, adding that loosing 5’ of the lot would restrict the driveway to two cars and cause parking on the street. Commissioner Keaton questioned the comfort factor in holding a developer to higher standards than the City has observed. In response to a question posed by Commissioner Evans, City Engineer Whisker explained that the design standards for South Road and Madden Road were due to right-of-way constraints, adding that Stanphill Road was a design mistake by the City. He then answered that exceptions were made in the first instance because the City did not own the land and the design was made to fit the amount of land the City did have. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Preliminary Plat for Stanphill Duplex Addition with sidewalk, curb and gutter improvements, granting a waiver of the 36’ street requirement to a 27’ street improvement. MOTION CARRIED with Commissioner Gray abstaining. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. b. PRELIMINARY PLAT Growing Pines Subdivision PH II Petitioner Daniel Gray stated that the development is adjacent to Growing Pines Subdivision PH I, explaining that the only difference in the bill of assurance is the requirement of brick fronts for the houses. He noted that the streets are proposed to be 27’ back to back with one culdesac leading from Stevenson Street. City Engineer Whisker noted that PH II would be required to have a sidewalk from Ray Road along Growing Pines Drive. He added that the only design difference he would suggest is turning the Ray Road drainage back behind the detention area. He then answered that the Water and Wastewater Departments did not foresee any problems in the development. Commissioner Dollar moved, seconded by Commissioner Herbold to approve the Preliminary Plat for Growing Pines Subdivision PH II with the addition of sidewalks as requested by City Engineer Whisker. Discussion ensued regarding the exact placement of the sidewalk as directed by City Engineer Whisker. Mr. Gray noted that the suggested sidewalk would lead from the corner lot (lot 43) on Pine View Drive to a gas easement in the existing subdivision, which does not have sidewalks. At this time, MOTION CARRIED with Commissioner Keaton voting NAY and Commissioner Gray abstaining. Chairman Gray excused himself from the remainder of the meeting relating a family emergency. c. SKETCH PLAT P&P Subdivision Chairman Stroud noted that the petitioner is not present to represent the item of business. d. PRELIMINARY PLAT Hidden Oaks formally submitted as Cargile Property/Trickey Lane Mr. Tommy Bond related that the sketch plat was presented last month, noting that development issues were discussed at length. He related that alignment of the proposed street with the existing street would eliminate two lots from the development, adding that it was his understanding that traffic would not be significant enough to warrant alignment and that conflicts of 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. movement would be insignificant. He related that another issue was the turnaround that accommodates five houses at the end of a 10’ wide drive, adding that the Fire Marshall preferred a circular drive exiting between lots 5 and 6. He stated that the proposed plans are a great improvement from the present situation and it is felt to be too great a demand to ask the developer to correct an error the City firstly allowed. He then addressed a third item regarding the water tower location, explaining that the developer has met with the Water Commission since the last Planning Commission meeting and hopes that the issue has been resolved. He noted that the Water Commission Chairman is present in the audience. City Engineer Whisker acknowledged that while there is a minor amount of traffic, Ordinances require that as many roads as possible be aligned. He then noted that the plat shows 25’ front yard setbacks which should be 35’, adding that lot 22 and 23 do not meet R-1 requirements of 60’ X 100’ and further concerns for being able to fit a house within R-1 setbacks on lot 21. He related that the Fire Marshall has expressed concerns regarding Fire Department equipment access, saying that the Fire Marshall would like to see the road looped through. He added that he discussed the possibility of a 20’ easement between lots 5 and 6 to accommodate Fire Department equipment. He then noted that the developer is proposing to use the street as a retention area for part of the development, which he does not recommend. He stated that the developer is also proposing to use 12” pipe for retention, and he would prefer 18” pipe and that the developer find another location for retention. He related in speaking with Water Commission representatives, his understanding is that the tower location is undecided. He added that until an agreement is reached with the Water Commission, he has severe reservations about allowing the subdivision to move forward. Water Commission Chairman Thad Gray explained that the Water Commission is investigating the site as rapidly as possible. He stated that the Commission is moving forward with the bore test, and project engineers are in the process of determining if the southern tract is sufficient for a water tank. He related that it is undecided if there will be two lines, an incoming transmission line and an outgoing distribution line from the tank. He noted the Commission’s sentiment that a wider than normal easement is required to accommodate a larger pipe leading to the tank. He added that neither the engineers nor Department heads have determined if the site would be sufficient, adding 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. that a decision tonight may be one month too early for their consensus. He stated that with a clearer understanding of the circumstances, he is confident a resolution is forthcoming. Mr. Bond stated that given the proposal of 1200 square foot homes on smaller lots he feels a 25’ front yard setback is more appropriate, explaining that adding 10’ increases the overall cost to the homebuyer by approximately one to two thousand dollars due to the length of driveway and utilities. He related that the development would be an isolated and largely unnoticed subdivision by traffic on Trickey Lane, adding that the S-curve in the street would prevent from being able to see directly into the subdivision. He noted that the cities of Cabot, North Little Rock and Sherwood all have 25’ setbacks. Chairman Stroud noted that a 25’ setback is available in gated communities. Discussion ensued regarding the feasibility of placing homes on lots 22, 23, and 21 if the setbacks are changed to 35’ setbacks. Chairman Stroud stated that a further burden does not need to be placed on the Board of Adjustment regarding variances for lots that are non-conforming and cannot meet proper setbacks. Mr. Bond proposed that if lot 22 were eliminated to comply with City Engineer Whisker’s recommendation regarding the retention, then lot 21 would be fixed regarding setback requirements. Commissioner Knight stated that she would rather see concerns corrected on the front end rather than have it said later that the City made a mistake in accepting the plat as presented. In response to a question posed by Commissioner Traylor, Mr. Bond explained that in exchange for building the road to the water tank, the developer is asking the Water Commission to allow him to put the water services for the development on their waterline and to contribute the cost that would have been spent to build a road to the water tank. He related that he has calculated that amount to be $25,000.00, adding that for that amount the landowner would donate the tank tract to the City. City Engineer Whisker reiterated that he is recommending that the Planning Commission not act on the preliminary plat until all issues are resolved, adding that the preliminary plat does not show any easements regarding related matters of concern. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. Mr. Bond stated that his client’s purchase agreement expires before the Planning Commission will meet again, which would leave him with the dilemma of purchasing the property without knowing if he will be able to develop the property. In response to a question posed by Commissioner Keaton, Mr. Bond related that the proposed buyer has already been given one extension regarding the purchase. In response to a question posed by Chairman Stroud, Mr. Bob Williams answered that there are no issues for the Wastewater Department. Commissioner Dollar moved, seconded by Commissioner Traylor to table the plat until the regularly scheduled Planning Commission meeting in April. MOTION CARRIED. e. SKETCH PLAT Hosman Property Mr. Tommy Bond related that the property is a parcel that consists of 122 lots not including the commercial area. He related that the commercial property already has commercial buildings along with a large home that is Mr. Hosman’s residence. He related that the major issue would probably be the proposed realignment of Loop Road as presented by City Engineer Whisker last year. He noted that the realignment proposal would cut through the development, and would cost the development 18 lots and 3 acres regarding the 100’ right-of-way. In response to a question posed by Commissioner Herbold, City Engineer Whisker stated that the proposal to realign Loop Road has been incorporated into the Master Street Plan. He stated that the proposal is to extend Loop Road south into an S-curve and lead it onto Southeastern, making Southeastern the main north/south corridor through to Galloway. He related that the reason for the realignment is to get traffic that is headed north from Southeastern to Loop Road. Mr. Bond offered a similar shorter connection proposal, saying that the alternative would pick up Loop Road and cut across as soon as possible going across City owned property. He stated that City Engineer Whisker may have some concerns regarding the sharpness of the turn with the alternative plan. He noted that as a residential area, traffic would not be encouraged to move too fast through the area. He related that the alternative plan would have far less impact on the development, loosing five lots and approximately one acre for right-of-way, adding that would 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. also be the difference between a 100’ right-of-way and a 50’ right-of-way. He noted that currently Loop Road is a 100’ right- of-way. He stated that the original plan has a $500,000 impact on the development versus a $135,000 impact, not counting construction cost. In response to an observation made by Commissioner Traylor, Mr. Bond replied that one of the considerations under the alternative plan would be driveway access onto Loop Road for those lots adjacent to Loop Road. City Engineer Whisker stated that an easier compromise would be a shared driveway to Loop Road, citing the case with Western Hills and Main Street. He added that the alternative plan would depend on the Water Department surrendering right-of-way and the design speed meeting a 35mph through the area, which he feels would make the alternative plan more reasonable. Commissioner Herbold questioned the possible hazard regarding the sharp turn immediately before traffic would pull onto Loop Road. Mr. Bond stated that the simple solution would be for the City to acquire the five lots requiring access to Loop Road, which could cost approximately $125,000 at $25,000.00 per lot. City Engineer Whisker suggested that the houses on those five lots either back-up to the property or not have direct frontage on Loop Road, as is the case with Collenwood Subdivision and Crooked Creek Subdivision. He suggested a small culdesac having the access as close to the straight-away as possible. Chairman Stroud questioned the intent regarding the width of the extension leading to Loop Road, which has a 100’ right-of-way on the Master Street Plan. Mr. Bond noted that it has not yet been decided who would build the road, adding that he feels if the City wants the extension then the City should build the road. In response to a comment from Chairman Stroud, City Engineer Whisker stated that he feels the road should be the same size as the existing Loop Road. Discussion ensued regarding the optimum circumstances that would benefit the project, and City Engineer Whisker stated it is his feeling that the ultimate goal is to close Southeastern from Military Road and save the Water Department line. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. Mr. Bond noted that the City owns all the property between Military Road and where the proposed road would intersect, with the exception of the Crutchfield property on the west side. Safety issues were raised regarding the intersection; and Mr. Bond noted that traffic would be stopped at Military and Loop Road, saying that he does not feel that the curve ahead would create a serious impact for traffic. Chairman Stroud questioned the specificity in the Master Street Plan regarding the road’s width. City Engineer Whisker stated that the Master Street Plan show the road as an arterial street, adding that he believes the right-of- way would be 8’. He added that he believes the guideline states that no landowner should be burdened for more than 50 linear feet for right-of-way. He then noted that Loop Road from Military to North First has 100’ right-of-way. Mr. Bond stated that Loop Road is constructed so that as traffic is traveling south and east the right edge of the pavement is the centerline of the road when additional lanes are constructed in the future. Chairman Stroud related the need for prudent planning regarding the proximity of homes and the future widening of Loop Road. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Sketch Plat of the Hosman Property stipulating a compromise with City Engineer Whisker regarding the five lots of concern and the 100’ right-of-way. MOTION CARRIED. f. FINAL PLAT Victory Addition Mr. Bond related that the property is located between the water plant and the Hosman property, adding that the property is 318’ wide. He related that there is a residence located on one of the parcels and the developer is proposing to construct a service station/convenience store on the second parcel. City Engineer Whisker clarified that the two parcels consist of approximately 2 acres and was rezoned to C-3 a couple of months ago. City Attorney Bamburg clarified that the existing house can continue in its use as a non-conforming use, until modified or reconstructed for commercial. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. City Engineer Whisker related the developer’s desire to have more than one driveway for Tract 1, adding that there has to be 150’ from each side of the property line and 300’ between the two drives in order to have two drives. He noted that the property is not much over 300’. He explained the developers reasoning that it would be an easier traffic pattern for large tankers delivering gas to the site. He pointed out that the two 40’ driveways as shown on the original sketch was approved by the Highway Department, contingent to approval by the Jacksonville Planning Commission. He stated that he feels one driveway instead two would be better. Owner Mr. Esmaeil Adineh-Kharat stated that he is a real estate investor who has lived in Jacksonville for approximately 30 years. He related his contributions to the City of Jacksonville including various easements, explaining that he is now requesting two drives to accommodate an easier traffic pattern for the property. He explained the circumstances regarding the ease of two drives versus one for gas delivery. He related that the Highway Department did not foresee a problem with two drives. City Engineer Whisker stated that he had recommended splitting the lot to get the two driveways and have a common access between Tract 1 and 2, noting an existing driveway to the house on the second tract. He noted that would provide one driveway for each tract. Mr. Esmaeil Adineh-Kharat noted that there is no other convenience store in Jacksonville with only one driveway. He presented the Commission with a concept drawing of the store, noting its aesthetic enhancements costing over 1.5 million dollars. Commissioner Knight noted that safety is the main reason for the distance between the drives, acknowledging future development of the area. Mr. Esmaeil Adineh-Kharat reiterated that the Highway Department approved the concept of two drives. Commissioner Traylor questioned how the aforementioned changes for Loop Road would fit into the proposal being presented. Mr. Bond related that the alternative proposal for Loop Road would go behind the building and that this property would not touch the realignment of Loop Road. 16 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. City Engineer Whisker stated that there is a piece of ground between what the Loop Road extension would be and tract 2 that is owned by Mr. Hosman and zoned commercial. Discussion ensued regarding Loop Road right-of-way. Chairman Stroud proposed the compromise of having the driveway on tract 1 and another on tract 2 that would provide a combined drive to the store and the house. City Engineer Whisker stated that there is an existing driveway to the house on tract 2, adding that it is his understanding that the owner wants to live in the house during the construction of the convenience store. He added that the owner did not want to immediately make tract 2 commercial, and did not want traffic driving onto the lot that has a house. He stated that his point was that there could be two driveways if they are linked between the two properties. Chairman Stroud question if linking the existing drive with a new drive would meet the distance requirements. City Engineer Whisker reiterated that the owner could have a drive for tract 1 and a drive for tract 2, linking them with an internal easement. Mr. Esmaeil Adineh-Kharat stated that he would be agreeable to any compromise that would provide two drives to the convenience store, he agreed to all improvements and landscaping regulations as required by the City. Commissioner Dollar moved to approve the Final Plat of the Victory Addition with one driveway on tract 1 connecting to a driveway on tract 2, stipulating sidewalks and landscaping requirements. Mr. Bond stated that the only remaining question would be if the existing gravel driveway could be left in place temporarily until such time as the house is changed to commercial purposes. He went on to say that there would be a second driveway near the property line to serve the convenience store as well as the one that would be on the convenience store lot (tract 1). 17 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. – 9:15 P.M. In response to a comment from Commissioner Dollar, City Engineer Whisker stated that there would be a commercial drive on tract 1, a commercial drive on tract 2 interconnected through the property and the existing driveway to the house until such time as the house is removed or changed to commercial use. Commissioner Dollar stated that if the house is converted to a commercial use, the gravel drive would need to be removed, leaving only two, not three commercial drives. In response to a question from Commissioner Herbold, City Engineer Whisker stated that the location of the drive on tract 1 is determined by being 150’ from each property line as required by the ordinance, making it almost centered on lot 1. He then noted that tract 2 would also have a center commercial drive as near as possible. Commissioner Dollar moved, seconded by Commissioner Knight to approve the Final Plat of the Victory Addition with one commercial drive on tract 1 connecting to a commercial drive on tract 2, stipulating sidewalks and landscaping requirements and allowing the residential gravel drive to remain until such time as tract 2 is converted to commercial use, at which time the residential drive will be closed and the commercial drive will serve as access to the property. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 9:15 p.m. Respectfully submitted, _________________________ Susan L. Davitt 18