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05 MAY 09.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on May 9, 2005. Chairman Stroud led a standing audience in the “Pledge of Allegiance” to the flag and Chairman Stroud delivered the invocation. ROLL CALL: Commissioners Susan Dollar, Bart Gray, Jr., Emma Knight, Glen Keaton, Kevin McCleary, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Tommy Bond, Jim Peacock, Wastewater Manager Thea Hughes, B.J. Boroughs, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Knight moved, seconded by Commissioner Keaton that the minutes of the 11 April 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 2 acres on Valentine Road from R-0 to R-3 Chairman Stroud opened the public hearing at approximately 7:02 p.m. Representative Tommy Bond related that the item had been discussed at the previous meeting and it was determined that the property would be more appropriately rezoned to R-3 rather than R-2. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:03 p.m. Commissioner Gray moved, seconded by Commissioner Dollar to recommend to City Council the rezoning of 2 acres on Valentine Road from R-0 to R-3 as requested. MOTION CARRIED. b. CONDITIONAL USE at 1008 South Hwy. 161 regarding use of a mobile home as a coin laundry Chairman Stroud opened the public hearing at approximately 7:06 p.m. Mr. Mike Kirkpatrick, owner of the Sands Motel at 1008 South Hwy. 161, stated that he would like to provide a coin-laundry for the patrons staying at the motel. He related that he has purchased a mobile home that was built as a laundry unit for the Pine Bluff Arsenal, adding that it has eight washer connections and four 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. dryer connections. He stated that the laundry unit would be placed on a lot adjacent to the motel property with access from the parking lot. He related that he proposes to construct a 6’ privacy fence around the unit. City Engineer Whisker pointed out that over the last five years Mr. Kirkpatrick has continually improved the appearance of the motel. He then answered that there were no concerns from the Fire Marshall, and that he is not sure if there are setback issues. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:08 p.m. In response to a question from Chairman Stroud, Mr. Kirkpatrick stated that the proposed plan would adhere to all setback requirements. In response to a question from Commissioner Evans, Mr. Kirkpatrick stated that the location of the coin-laundry would not encourage public use, adding that signs will not be used to advertise and access is only provided through the motel parking lot. He stated that his intention is strictly for use by the motel patrons. In response to a question posed by Chairman Stroud, City Engineer Whisker stated that he would review the landscaping ordinance to determine Mr. Kirkpatrick’s landscaping requirements. Mr. Kirkpatrick agreed to meet all landscaping requirements as determined by City Engineer Whisker. Commissioner Knight moved, seconded by Commissioner Keaton to approve the Conditional Use request for a mobile home to be used as a coin-laundry at 1008 South Hwy 161, stipulating construction and maintenance of a privacy fence around the unit. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. FINAL PLAT Forest Oaks PH II Representative Tommy Bond related that PH II consists of 17 lots to the north as you enter the development. He stated that all the improvements have been completed. City Engineer Whisker related that the Water Department is waiting for test results, which are expected back in a few days, adding that there are no anticipated problems. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. He continued that documents expected by the Wastewater Department arrived today. He then noted that the sidewalks have been bonded, the asphalt work has been completed, and letters of warranty have been provided, adding that any approval should include easements on the property and stipulating final approval from the Water Department before being forwarded to the City Council. Commissioner Gray moved, seconded by Commissioner Knight to approve the acceptance of the Final Plat of Oak Forest PH II subject to City Engineer Whisker’s review of easement for proper recording and final test results of the Water Department being approved with all other documents in place. MOTION CARRIED. b. REVISED PRELIMINARY PLAT Hidden Oaks (Trickey Lane Property) Representative Tommy Bond stated that the revised plat is the final compromise between the developer and the City. City Engineer Whisker reviewed the composition of the final plan, pointing out that the main goal of the Commission was to achieve a turn-around. He noted that it is being requested that the concrete drive be constructed to handle heavy trucks, adding that the Fire Marshall has agreed to the alignment. He then answered that sidewalks have been designed for the development and that all concerns including fire hydrants have been addressed. In response to a question posed by Commissioner Keaton, City Engineer Whisker related that water retention has been grouped onto one lot. Commissioner Keaton moved, seconded by Commissioner Evans to approve the Revised Preliminary Plat for Hidden Oaks, stipulating that the concrete drive is constructed to handle heavy trucks. MOTION CARRIED. c. REVISED PRELIMINARY PLAT Northlake PH XI Representative Tommy Bond related that the Commission previously approved the plat, explaining that the only difference being submitted is that lots on the west side of the street were being proposed in excess of 100’, which has now been changed to 85’ lots with the addition of one lot. He noted that the lots on the east side were already designed as 80’ lots. He noted that the developer has committed to correcting the storm drainage to the east. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. City Engineer Whisker clarified that he has requested that the storm drainage east of lots 460 to 464 be worked into this phase of the subdivision and is requesting the Commission to make that a part of the motion. Commissioner Dollar moved, seconded by Commission McCleary to approve the Revised Preliminary Plat of Northlake PH XI stipulating that the storm drainage to east be designed as specified by City Engineer Whisker. MOTION CARRIED. d. PRELIMINARY PLAT Reed’s Heights (formally submitted as Hosman Property) Representative Mr. Tommy Bond noted that the plat is a formalized drawing of the sketch plat previously approved by the Planning Commission with the omission of the connecting street, adding that the plat also formalizes the geometry that City Engineer Whisker has requested for the proposed relocation. He added that the plat is more of an informational item for the Planning Commission to perceive the direction of the final design. He stated that he hopes to return to the Planning Commission next month with a full preliminary plat and all associated plans. City Engineer Whisker conveyed his approval of the subdivision design, adding that the biggest question at the moment is who will be responsible for the payment of constructing Loop Road. He asked the Commission to approve the plat as a sketch rather than preliminary plat. Commissioner Evans moved, seconded by Commissioner Knight to approve the plat as a sketch plat for the Reed’s Heights Subdivision. MOTION CARRIED. e. SKETCH PLAT Graham Settlement Representative Mr. Tommy Bond related that the property consists of an 18-acre tract on the northwest corner of Graham and Loop Road. He related that the property is being proposed for an R-1 type of development, adding that the property is zoned C-2. City Engineer Whisker asked that the property be rezoned before being returned to the Commission as a preliminary plat. He then related that lot 53 off Loop Road would back up to Loop Acres Road, which is a small subdivision with approximately 10 to 15 houses. He referenced a photograph submitted to the Commission as an example of poor planning when a road adjacent to a subdivision dead-ends with privacy fence. He stated that as a recommendation he offered two options, one being to connect 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. the road through lot 53 into the adjacent road, which the developer felt might interrupt the flow of the proposed subdivision. He continued that his second option was to loop the road down to the center of the property and the City would then construct Loop Acres Road back to Loop Road. He stated that it would not make sense to have two roads, one on either side of Lot 53 that lead onto Loop Road. City Engineer Whisker then reviewed a letter submitted from the Wastewater Department, explaining the letter states that instead of looking at dry weather they are considering wet weather conditions regarding developments. He noted that the particular area has some overflowing manholes that relate to the pump station and that the subdivision wastewater would go to that pump station. He related that the Wastewater Department has conveyed their inability to approve any application for service to the pump station. Discussion ensued regarding the Planning Commission approving the sketch plat but waiting to review the preliminary until the Wastewater Department has approved application for sewer. Mr. Bond related that the wastewater issue is a factual situation that will have to be resolved prior to further development, noting that the situation impacts the entire east and northeast portion of Jacksonville. He then addressed the road issues, saying that it offends his sense of symmetry to move the road. He added that he would not argue too strenuously because the reality is that moving the road has little impact, other than the traffic flow through the development. He added that he does not feel the best solution would be tying Loop Acres Road into the new road. In response to a question posed by Commissioner Gray, Wastewater Manager Thea Hughes related that there is a proposed plan that is lengthy. She stated that it has been known for years that this part of town is at capacity during wet weather, adding that the Wastewater Department is currently performing area rehabilitation. She related that the State is asking the Department to address wet weather flows. She explained that currently they have an engineer studying the pump station and the system that feeds into the station. She stated that it would be a lengthy process, adding that she would not be able to determine the number of years possibly involved. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. In response to a question posed by Chairman Stroud, Wastewater Manager Thea Hughes related that the Quince Hill area is included in the same considerations for this pump station. Discussion ensued regarding the recently approved 18-lot Foxwood Estates subdivision and it was related that the subdivision was approved prior to the State’s mandate regarding wet weather flow. Mrs. Hughes stated that given the State’s ruling they would not be able to continue to accept further developments under current overflowing circumstances. Commissioner Gray moved, seconded by Commissioner Knight to approve the Sketch Plat, contingent that the property be rezoned before returning to the Commission as a preliminary plat, resolution regarding street access between Graham Settlement and the Loop Road Acres area, and acknowledging that further development at this time is further contingent on the Wastewater Department being able to accept the subdivision. MOTION CARRIED. f. REPLAT Lots 3R, 4R, & 5R Stonewall Commercial Park (Huff & Puff Gymnastics) Mrs. Laura Spears stated that they are requesting a replat in order to add-on to the existing building located on lot 3R. She stated that in speaking with City Engineer Whisker they were made aware of drainage issues, which they are willing to address. City Engineer Whisker related that the lots are long and narrow, explaining that Huff & Puff has previously added-on and is requesting to further expand. He noted that there is a block ditch behind the building, which prohibits expansion in that direction. He added that the only room for expansion would be to the south. He stated that the property currently has drainage issues and any sort of improvements would be well received. He then related that the addition would require a sprinkler system to be installed throughout the entire building. In response to a question posed by Commissioner Dollar, Mrs. Spears stated that they would be requesting a variance to match the existing building line, adding that the same exterior building material would be used for the addition. She then answered that the green area located behind the building would be removed. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. In response to a question posed by Commissioner Knight, Mrs. Spears stated that landscaping for the current building has included benches and flower pots to the front of the building, as well as Crepe Myrtle trees along the parking area. She stated that the same type of landscaping would be provided for the addition. In response to a comment from Chairman Stroud, Mrs. Spears related that she is aware of the landscaping ordinance and has discussed landscaping considerations with City Engineer Whisker. Drainage issues were discussed and City Engineer Whisker stated that drainage provisions would have to be addressed by the project engineer regarding placement of the water to ensure flow into the ditch. Commissioner Dollar noted that any approval would be contingent on building variances also being approved by the Board of Adjustment. City Attorney Bamburg clarified that any issues regarding construction would follow the request for a replat. In response to a question from Commissioner Keaton, Mrs. Spears answered that access for the addition would be through lots 4R & 5R with a written easement. In response to a question posed by Commissioner Gray, Mrs. Spears answered that Sheryl Zimmerman owns the lot that Huff & Puff is currently on and the Abdin family owns the two lots being proposed for replat. Commissioner Gray questioned if the Abdin family is joining in the petition to replat. Mrs. Spears stated that firstly they were trying to determine if they could get the replat prior to purchasing the lots, adding that they have spoken with the Abdin family. Commissioner Gray noted that the Abdin family would need to be in conjunction with the replat request before the Commission could replat the property. Mrs. Sheryl Zimmerman related that she is purchasing the property. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. City Attorney Bamburg clarified that Mrs. Abdin would have to participate in the replat request; even if the purchase is contingent upon the replat. Commissioner Knight moved, seconded by Commissioner McCleary to approve the replat contingent that the current owner join with Mrs. Zimmerman in the request to replat Lots 3R, 4R & 5R with an easement along either Lot 4R or 5R for access. MOTION CARRIED. BUILDING PERMIT(S): Lots 1 & 244 Base Meadows Subdivision Mr. Greg Heslep requested permission to start construction before the preliminary plat is filed. City Engineer Whisker referenced a letter from the Wastewater Department, explaining that there was a similar situation in a new subdivision where the City allowed houses to be built before the subdivision was final platted. He continued that the situation evolved into a lawsuit. He then offered that he feels it is a reasonable request for a developer to be able to build model homes and offer buyers a perspective as to what the subdivision will look like. He noted that City Attorney Bamburg had suggested that one solution was an ordinance that would allow for stipulations regarding model homes. City Attorney Bamburg clarified that there are no provisions in the ordinances that would provide for model homes, adding that the previous effort to cooperate with a developer, not for the purpose of model homes, but for helping with the time of sale, resulted in a lawsuit against the City. He strongly recommended that the Planning Commission not create the possibility of that situation. He then stated that other communities have specific ordinance provisions for model homes that authorize the Commission, City Council or City Engineer to approve model homes with particular stipulations regarding how that is to be accomplished. He noted that there are a number of factors such as water, wastewater, or occupancy involved in stipulating the construction of model homes. He stated that while he can appreciate Mr. Heslep’s request, he is strongly urging the Commission not to approve the request as is, but would be glad to research ordinance possibilities if so directed. Commissioner Dollar moved, seconded by Commissioner Knight to deny the request to begin construction prior to water and sewer approval and request that City Engineer Whisker and City Attorney Bamburg to explore ordinances to address model homes. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. – 7:59 P.M. Mr. Heslep stated that he would be willing to agree not to hook onto the utilities until the final plat is filed, adding that he is requesting permission to landscape the entrance and construct two model homes. He stated that he had conveyed to City Engineer Whisker that he would be willing to have the certificate of occupancy held until the final plat is filed. He then stated that the model homes would probably not be completed until the final plat has been filed, adding that he is within 45 to 60 days of completing the first phase. He stated that he could not understand how this would present a hardship for the City, if the home could not be completed prior to the final plat or have utilities. He then added that he does not intend to sell the home for at least six months. Chairman Stroud agreed, noting that Mr. Heslep has been very helpful with the City, complementing the subdivision being developed. He added that at this time, as the City Attorney pointed out, there is not a vehicle to provide protection for the City to proceed with such a request. He stated that the Planning Commission cannot move ahead of the Water or Wastewater Department. Discussion ensued regarding opportunities for Mr. Heslep to resubmit his request following the City Council’s adoption of an ordinance to provide provisions for this type of request. Chairman Stroud on behalf of the Commission apologized for not being able to address the request. At this time, MOTION CARRIED. GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:59 p.m. Respectfully submitted, _________________________ Susan L. Davitt 9