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05 OCT 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. – 7:36 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on October 10, 2005. Commissioner Gray delivered the invocation and led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Commissioners Susan Dollar, Bart Gray Jr., Emma Knight, Glen Keaton, Kevin McCleary, Mike Traylor, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Commissioner Herbold was absent. Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Larry Dupree, Alderman Bob Stroud, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Dollar moved, seconded by Commissioner Evans that the minutes of the 12 September 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL Mixed USE of 1000 Burman Drive Chairman Stroud opened the public hearing at approximately 7:01 p.m. Commissioner Keaton moved, seconded by Knight to table the item of business until the November regularly scheduled Planning Commission meeting, allowing the petitioner to be present. Chairman Stroud stated that Mr. Stewart is unable to attend the meeting due to grave concerns in his family. At this time, MOTION CARRIED. Chairman Stroud closed the public hearing at approximately 7:01 p.m. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT REVISIONS Base Meadows Subdivision PH II Mr. David Jones of Marlar Engineering presented Phase II of the Base Meadows Subdivision, noting that Phase 1-A has begun development and Phase 1-B will be completed soon. He noted that Phase II would encompass the lots along Base Meadows Drive where sewer is available. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. – 7:36 P.M. City Engineer Whisker reviewed with the Commission concerns regarding the stream that flows from the LRAFB onto the Subdivision before returning to the Base. He explained that the major priority for building in the area was to make sure that construction was above the elevation of the stream. He added that the developer has proposed to fill the area above the 303.1 mark as demonstrated on an elevation drawing. He stated that he did not believe the fill on lot 85 would affect the Subdivision, but added that the majority of lot 86 would be filled without any additional study. He stated that the Corp. of Engineers or the LRAFB should approve any consequences from the filling of the lot. He then informed the Commission that he does not believe that this phase of the Subdivision has been accepted by the Water and Sewer Commissions, adding that he would like to see a temporary culdesac at the end of Base Meadows Drive until such time as the street is continued in development. He noted that the developer is trying to develop as many lots as possible without getting into the way of the flood stream. It was noted that the temporary culdesac would be located at lots 145 & 86. Mr. Jones then answered that the road stops at lots 156 & 155 and 204 & 172. City Engineer Whisker noted that Phase 1-B would need to be final platted before allowing the final platting of Phase II. Discussion ensued regarding the flood study conducted by the Corp. of Engineers and the encroachment of the stream from the Base lake onto lot 86. City Engineer Whisker stated that while he did not believe filling the lot would present a problem, he is unaware of how it would affect the previous study. In response to a question from Commissioner Knight, City Engineer Whisker stated that he would not want to allow the preliminary platting of any lot that did not meet the elevation of 303.1 because the lake would then be deemed less than low hazard. He explained that the dam is currently listed as low hazard because everyone below the dam will not flood. He stated that he is uncertain of the consequences of filling the lot, adding that it is important to keep the dam at low hazard. He stated as long as the Corp. or the Air Base does not have a problem with the lot being filled, or Marlar Engineering submits a study stating it would not be a problem, then the City of Jacksonville would not have a problem with the lot being filled. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. – 7:36 P.M. Commissioner Knight moved, seconded by Commissioner Dollar to approve the Revised Preliminary Plat of Base Meadows Subdivision PH II with permission as required by City Engineer Whisker regarding filling lot 86 and contingent that the Air Base or Corp. of Engineers states there is no objections to filling the lot or that Marlar Engineering submits a study ensuring that filing lot 86 would not adversely affect the previous study and the temporary culdesac turnaround at lots 145 & 86 with Phase 1-B being final platted prior to the final platting of Phase II. MOTION CARRIED. b. PRELIMINARY PLAT Jackson Terrace PH V Representative Aaron Robinson of Bond Engineering stated that PH V is an extension of a subdivision located off Rope and Knight Streets. He stated to his knowledge there are no outstanding issues. City Engineer Whisker stated that the outstanding issue is that the plat has not been through the Sewer Commission, adding that any preliminary plat approval would need to stipulate approval by the Jacksonville Sewer Commission. Mr. Bob Williams of the Jacksonville Wastewater Utility stated that the Sewer Commission did not meet this month due to conflicts in scheduling. He noted that the plat would go before th the Commission November 9, reminding the Planning Commission that the plat is in the area serviced by the northeast pump station, adding that issues in that area have not changed. Commissioner Traylor noted that the Toneyville area has had other proposed developments that were not approved pending sewer issues being corrected. In response to a question posed by City Engineer Whisker, Mr. Williams answered that approximately $600,000.00 dollars has been spent in the previous 6 months regarding efforts to correct the northeast pump station. He then answered that there are flow meters in the area that are monitoring the flow into the northeast pump station, which has shown a small reduction in flow. He added that while present efforts have been positive there is a lot more work to be done in the area. He related a schedule of improvements and funding for the area. He then added that the flow meters indicate that there is still a problem in wet weather, even though there has been some improvement. He then pointed out that all but 8 lots in the subdivision being 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. – 7:36 P.M. proposed are already served by existing sewer. He clarified that there are 20 lots in the subdivision and 12 of the lots have existing sewer that was built when the Subdivision was approved in 1976. City Engineer Whisker concurred that it is also his understanding that Mr. Dick Jones is the developer who paid for the line that was built under the freeway. Commissioner Gray moved, seconded by Commissioner Evans to approve the Preliminary Plat of Jaxon Terrace PH V subject to the final acceptance by the Wastewater Utility. MOTION CARRIED. BUILDING PERMIT(S): PRELIMINARY PLOT PLAN #6 Red Fox Representative Aaron Robinson related that it is his understanding that the petitioner is requesting a metes and bounds building permit for the 3 acre property to construct a home on the eastern 1 acre portion of the property. City Engineer Whisker noted that according to the Pulaski County Tax Assessors records this property is the only property that remains as a metes and bounds description located off Red Fox. He stated that the property was originally a two acre tract and for whatever reason the proposed buyer was required by the seller to purchase 3 acres. He clarified that there was one lot that was already separated from this property by a separate metes and bounds legal description that was known as the Boyd Property. Commissioner Gray stated that it has been his understanding for approximately 20 years that he has been in and around the Planning Commission, that Red Fox is an undedicated private road and the first four houses were built prior to 1980. He added that sometime in the late 80’s another 1 acre tract was developed as a metes and bounds, followed by another 1 acre tract in the mid 90’s. He stated that he is curious as to the origins of this 3 acre tract without having been before the Planning Commission. City Engineer Whisker stated by looking at the Pulaski County tax maps, to his knowledge the property has been there at least the 3 years that he has had the maps. He stated that it is his understanding that each got a separate piece of property and that this piece of property is the owners who never built a house on the property and then decided to sell the property. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. – 7:36 P.M. Commissioner Gray related that his understanding regarding a portion of the tract that came before the Commission several months earlier was the remaining acreage regarding the Boyd Family property, which included the south side adjacent to Red Fox. He stated that his concern would be the subdividing of property on an undedicated street that was not built to City standards. City Engineer Whisker agreed, saying that is why he reviewed the property as far back as three years ago regarding his maps. Commissioner Gray questioned if the seller has owned the property through the years. City Engineer Whisker stated that was his understanding until just recently when the property was being sold to Mr. Johnson. Commissioner Gray pointed out that whomever sold the property to Mr. Johnson should have come before the Planning Commission, adding that the objective is not to deny or approve but to acknowledge the property is not a subdivision. He stated that the Planning Commission would not disapprove a transfer of land on a metes and bounds that is less than five-acres but it does need to observe that there is not a further subdivision. He stated that if the sale has taken place in the last two or three months then it should have been at least acknowledged through the Planning Commission that it was not a subdivision or a continuation of subdivisions. City Engineer Whisker stated that he can only offer to his knowledge, that the piece of land was a 2 acre tract and another acre was added, but is not sure how that occurred. Commissioner Gray pointed out that it would seem to be subdividing from some other tract of property, which has been reoccurring since the 80’s and should not be continually allowed to slip by. He stated that he means no ill to the owners, but added that the property needs to be subdivided properly if portions are to be sold. He stated that he is going to vote to deny any further action regarding the land until it is clear how the property came to be subdivided. He summarized that the property began as a 2-acre tract then another acre was added becoming 3 acres and the new owners want to build on one acre, leaving 2 acres for possible further subdivision sometime in the future. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. – 7:36 P.M. Commissioner Knight stated that her concerns would follow that of Commissioner Gray’s, pointing out that the Planning Commission could find themselves in the future being asked to approve a building permit for a portion of the property being further subdivided. She supported observation of the Planning Commission guidelines regarding the subdividing of property unilaterally. Chairman Stroud pointed out that the narrow road, which originally serviced four houses, has since had additional homes added with the possibility of more. Discussion ensued regarding the property being platted as a subdivision. Commissioner Gray stated that he would request that a building permit for this acreage be denied until such time as the Planning Commission learns how this acreage was divided and to ensure that this 3 acre lot would perhaps be approved for a building permit has genuinely not been transferred in a subdivision process without the knowledge of the Planning Commission. He stated that the time has come to discuss matters involving Red Fox Lane. Discussion ensued and City Attorney Bamburg clarified that unlike zoning matters, if denied, the building permit request could be brought back before the Planning Commission at next month’s meeting. Commissioner Gray moved, seconded by Commissioner Knight to deny a metes and bounds building permit for any portion of the 3 acre tract until such time there is a complete review of the land transfers in the general area of Red Fox regarding an understanding of the historical transfers of this property. In response to a question posed by Commissioner Knight, City Engineer Whisker stated that to his concern, Red Fox is a private road and the City does not maintain or make improvements to private roads. He stated that unless the City develops future plans to tie onto the Street from the western side it would remain a private undedicated road. He then answered that there is public sewer to Red Fox and that it is his assumption that there are easements for the water. At this time, MOTION CARRIED. GENERAL: 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. – 7:36 P.M. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:36 p.m. Respectfully submitted, _________________________ Susan L. Davitt 7