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05 SEP 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on September 12, 2005. Chairman Stroud led a standing audience in the “Pledge of Allegiance” to the flag and delivered the invocation. ROLL CALL: Commissioners Susan Dollar, Bart Gray Jr., Glen Keaton, Kevin McCleary, Mike Traylor, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Commissioners Herbold and Knight were absent. Others present for the meeting were City Engineer Whisker, Tommy Bond, Larry Dupree, Charlie Brown, Duane Reel, Alderman Stroud, Daniel Gray and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Traylor moved, seconded by Commissioner Keaton that the minutes of the 8 August 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 2 acres on Valentine Road from R- 3 to R-1 Chairman Stroud opened the public hearing at approximately 7:01 p.m. Mr. Tommy Bond noted that the property had recently been rezoned to multi-family, adding that the developer Mr. Brian Boroughs is requesting to rezone the property back to R-1 because of the demand for single-family residences in the area. He noted that the property would be subdivided into four lots with homes being constructed similar to those already being built in the area. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:03 p.m. Commissioner Gray raised the technical question of the Planning Commission’s ability to rezone property again in same year. He stated that he understands the rules are to protect the public from having to protest the rezoning continually. He noted that there is no one present in opposition and that he does not oppose the rezoning, but wanted clarification regarding the precedence. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. City Attorney Bamburg stated that since the rezoning request is for a more restrictive classification as opposed to a lesser classification, he does not feel there would be an issue. In response to a question from Chairman Stroud, Mr. Bond and Mr. Boroughs concurred that they were not aware of any issues regarding the promise of a privacy fence being discussed with the neighbor to the east of the property. Mr. Bond then pointed out that the lots are approximately two to three times larger than a standard lot. Commissioner Traylor moved, seconded by Commissioner McCleary to approve the rezoning of approximately 2 acres on Valentine Road from R-3 to R-1 as requested. MOTION CARRIED. b. REZONING 10000 & 10006 Warden Road from A-0 to C-2 Chairman Stroud opened the public hearing at approximately 7:06 p.m. Mr. Woody Rigdon stated that he is the representative for the owner, Mr. Harvey Fritts. He stated that the issue of rezoning the property became known during the process of subdividing the property. He noted that the radio station has been located on the property for approximately 40 years, adding that there is also an auto sales business located on the property. City Engineer Whisker stated that the requested for rezoning is to fit the businesses currently located on the property. Commissioner Dollar moved, seconded by Commissioner Evans to approve the rezoning of 10000 and 10006 Warden Road from A-0 to C-2. MOTION CARRIED. c. CONDITIONAL USE for a mixed use at 100 South First Street Chairman Stroud opened the public hearing at approximately 7:11 p.m. With no one present to represent the item of business, Chairman Stroud closed the public hearing at approximately 7:11 p.m. d. CONDITIONAL USE for a Church in R-3 zone at the corner of Sharp and Nine Street 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. Chairman Stroud opened the public hearing at approximately 7:12 p.m. Mr. Jerry Johnson of Plantation Real Estate stated that he is the representative for Mr. Garland Harris. He related that Mr. Harris is proposing to sell the property to the South Jacksonville Church of Christ, adding that a conditional use for a church facility is needed for the Church of Christ to operate on the property. He stated that the proposed buyer is available to answer questions. Mr. William Lamb, a resident of the neighborhood, stated that he is against the conditional use for many reasons. He stated that he likes to walk his dog and mow his yard on Sunday, adding that these might be activities that would not be well received by the Church. He stated that he does not want to interfere with the Church and he does not want them to interfere with him. He then related that the street is only 20’ wide and has no improvements, pointing out that there are no sidewalks in the area. Mr. Tony Allen of 912 McHenry agreed that the street from the corner of Sharp to Eastview is barely wide enough for two vehicles. He stated that there is no curb and gutter, adding his concerns for the increased traffic if the property becomes commercial without improvements. He pointed out that the neighborhood has offered a petition of 98 signatures against the conditional use. Mr. Craig Pool, Minister of South Jacksonville Church of Christ, stated that the Church is proposing to construct a building that would be feasible for the property without interrupting the neighborhood. He introduced the architect for the project, Mr. Terry Burse. Mr. Terry Burse of Terry Burse Architects from Little Rock, stated that the Church would not be a commercial facility, adding that all parking would be on the property. He stated that the facility is proposed to handle 200 to 250 seating capacity equaling approximately 60 to 75 vehicles, which he added that he does not feel to be a large impact for the neighborhood. With no one else to speak in favor or opposition, Chairman Stroud closed the public hearing at approximately 7:11 p.m. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. City Engineer Whisker noted that the property is currently a metes and bounds description and as such would need to be platted or approved on a metes and bounds building permit. He added, at that time improvements to the roadway could be addressed. Commissioner Dollar pointed out that the area needs sidewalks. Chairman Stroud related that if the property is developed for the Church, curb and gutter improvements would be made to the property. Mr. Allen stated that he would still be opposed to the conditional use even with improvements, adding that he could not answer for the other 98 residents listed on the petition. Commissioner Dollar clarified that the conditional use is an allowable use in the area on a conditional basis, which allows the Planning Commission to request particulars involving the construction and improvements to the property. She added that her neighborhood is flanked by three churches and feels that churches are good neighbors. Commissioner Traylor noted an apartment complex in the area, questioning how far back the property runs to the east. Mr. Johnson stated that the property is 217’ to the railroad tracks and then runs parallel to the railroad tracks approximately 550’. He then answered that he was unaware of who owned the adjacent property on Nina Street. Commissioner McCleary stated concerns that 98 residents are against the conditional use, adding that he feels further inquiry with the residents might be prudent. He then answered that he would be in favor of tabling the item pending further research. In response to a question posed by Commissioner Traylor, City Engineer Whisker stated that he believes the adjacent property is also zoned R-3 for apartments. Chairman Stroud pointed out that the current zoning, which allows for apartments is sometimes viewed less compatible in neighborhoods than churches. He noted the limited use of a church building, which could not be deemed a nuisance. He reiterated that the Comprehensive Development Plan does allow a church as a conditional use in an R-3 zone. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. Commissioner Gray stated his awareness of the property over the past 20-years, agreeing that the property has not had any improvements. He added that he feels the improvement of a church, falling under the purview of a building permit, would provide a good neighbor. He noted that the property would be improved on that side of the street with curb, gutter and sidewalks. He stated that while he cannot deny the neighborhood’s feelings, from a planning standpoint, it is a good and rational use of the property. Commissioner Gray moved, seconded by Commissioner Dollar to approve the conditional use of a church facility for the South Jacksonville Church of Christ regarding property located at the corner of Sharp and Nina Streets. In response to a question from Commissioner Keaton, Minister Pool of the South Jacksonville Church of Christ stated that they would not be offering daily daycare only daycare for services on Sunday and Wednesday. City Attorney Bamburg noted that any expanded daycare services would be considered a separate request to be approved by the Planning Commission. At this time, MOTION CARRIED with Commissioner McCleary voting NAY. REQUEST TO APPROVE PLATS: a. FINAL PLAT Hayley Heights Subdivision Mr. James Butler related that the utilities have been completed and the developer is requesting final approval. City Engineer Whisker stated that the streets and utilities have been completed, complimenting the final development of the County subdivision. He added that the County agreed to the presentation of the Final Plat. Commissioner Gray moved, seconded by Commissioner Keaton to recommend approval of the Final Plat to the City Council. MOTION CARRIED. b. PRELIMINARY & FINAL PLAT J.L. Sanders New Haven Subdivision Mr. Scott Foster of Arkansas Surveying and Consulting stated that all issues of concern expressed by the County and City Engineer Whisker during the previous meeting have been resolved. City Engineer Whisker related that the County had requested that a property owners association be established to maintain the private roads, adding that lot 8 will not connect to Gibson Road. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. It was noted that other items on the plat were corrected and the plat has been signed by the County. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the Preliminary and Final Plat of the J.L. Sanders New Haven Subdivision lots 1-8 as presented. MOTION CARRIED. c. PRELIMINARY PLAT StoneRidge Subdivision PH I Mr. Tommy Bond related that this is the first phase of the StoneRidge development, adding that plans have been before the Commission over the last three months. Mr. Charlie Brown, a resident of Pennpointe Subdivision Phase II, stated that he has been asked to be the representative for the Subdivision Property Owners Association. He read from a prepared statement expressing the property owners concerns and offering possible solutions to those concerns. He read as follows: We the residents and or property owners of Pennpointe Phase II Property Owners Association have been made aware of the proposed development of StoneRidge Subdivision immediately adjacent to our property lines in Pennpointe Phase II addition located on Westpointe Drive and Edgewater Circle. First, let us be clear, we are not opposed to growth in Jacksonville. We appreciate the need for quality housing for our residents. However, as citizens of Jacksonville we ask that our voices be heard regarding our concerns for safety, liability, drainage and our own property values. If a subdivision as described in the bill of assurance, such as StoneRidge, is allowed to be built in such close proximity to our property without stricter controls. Each family has their own reasons for selecting our neighborhood as a place of residence. Some for the security of the gated community, some for the use of the lake, some for the upscale housing, and some for all of the above reasons and other reasons. Many of us who located in Pennpointe PH II were under the impression that this area of Jacksonville was to be a more prestigious neighborhood similar to Foxwood and what is located in West Little Rock today. We value our homes and their locations and because we are a gated community the City does not provide any road maintenance, nor any maintenance for the lake. It is a private lake and we have sole responsibility, therefore we developed several years ago a very 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. efficient and effective Property Owners Association in order to ensure that our neighborhood is kept at the very highest of standards in line with City of Jacksonville ordinances. He concluded reading from a prepared statement and continued saying that the real concern involving safety as the #1 issue. He stated that currently there is no buffer zone or fencing behind the properties that would prevent trespassing and walking through the properties to gain access to the lake, which they would have to constantly police. He stated that the Property Owners Association is required to carry liability insurance on the lake and common grounds. He then stated a concern regarding the small stream, which feeds the northwest corner of their lake, that runs in from the proposed subdivision area. He then expressed concerns regarding extreme property values plus present and future care disparities. He stated that the minimum square footage requirement for their subdivision is 2400 square feet versus the 1400 square feet for the adjacent subdivision as noted in the bill of assurance. He stated that the average square footage for existing homes on Westpointe Drive is 3400 square feet. He related that the new subdivision has no stipulated home exterior or fencing material requirement, and has a much lower roof pitch standards then Pennpointe. He continued that the lot sizes in the new subdivision equate closer to two lots of one lot in the Pennpointe Subdivision. He stated that other subdivisions in the immediate area, specifically Tara Mount and Fair Oaks, have equal or higher property value subdivisions being built or planned for their neighbors. He related that previous Planning Commission meetings attended by the Pennpointe Homeowners Association recall Commissioners, at that time, voicing a vision that west Jacksonville would develop similar to West Little Rock. He related that the Homeowners Association proposes that the minimum build requirements be changed to a minimum of 2400 square feet, that the exterior building material be changed to all brick fronts with up to 50% vinyl siding permitted in the back, change the roof pitch to 8/12 with architectural shingles as required, changed fencing permitted to privacy fencing only, no chain link and prohibit out buildings and RV parking on the premises, ensure small stream feeding their private lake is not disrupted or contaminated, require a buffer or green zone of a minimum of 50’ and/or a 6’ brick wall separating the subdivisions. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. In response to a request from Chairman Stroud, Mr. Bond stated that he would present the concerns from the Pennpointe Property Owners Association to the developer of the StoneRidge Subdivision. City Engineer Whisker stated that from an engineering standpoint, the water, sewer, storm drainage and streets have been worked out. He added that from a planning standpoint, the subdivision is a smaller scale development. He stated that the development does meet the minimums required by Code. Chairman Stroud expressed appreciation to both sides for their comments, adding that the Planning Commission does not have the authority to tell the developer “how” to develop his land. He reiterated that the developer has met the minimums regarding Code. He noted that during the sketch plat stage the Planning Commission had requested concessions from the developer, who donated approximately 30 acres for parks and provided additional sidewalks. He then stated that initially wider lots were requested, adding that Mr. Bond will forward all concerns to the developer. In response to a question from Commissioner Traylor, Mr. Bond stated that the northwest corner of the property would be piped onto the Pennpointe Property. He added that the major stream flows from the north, which does not involve the proposed subdivision. He then explained that there is a swag collecting the storm drainage into pipes and taking it to the main channel. He stated that there would not be an open ditch. He then answered that the pipe would run east to west and will discharge into the drainage easement, adding that in fact it would be piped through the drainage easement all the way to the ditch in the Pennpointe development so there will not be any open channel. He stated that they would use double 30” pipe. Commissioner Evans moved, seconded by Commissioner Keaton to table approval of the preliminary plat for the StoneRidge Subdivision until the developer can address the concerns of the residents of Pennpointe Subdivision, and return with a reconciliation. Mr. Bond stated that the preliminary plat legally meets all requirements. Commissioner Evans moved, seconded by Commissioner Keaton to amend the motion to table the approval of the preliminary plat 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. for the StoneRidge Subdivision until the next regularly scheduled Planning Commission meeting, allowing time for the developer to address the concerns of the residents of the Pennpointe Subdivision, and return with a reconciliation. Commissioner Gray questioned the feasibility of the developer visiting with the neighbors regarding compromises. He noted that the preliminary plat is very similar to the sketch plan, which was approved by the Planning Commission, recalling a lengthy discussion at that time. He related that 30 days in the development business can make six months worth of difference, adding that some of the issues in question deal more with the bill of assurance regarding restrictions as to what will be built in six to eight months when the preliminary phase moves into the final phase. He stated that he would not be in favor of tabling the preliminary plat, adding that he feels the concerns of the Pennpointe residents could more favorably be addressed in the bill of assurance. He stated that the current question would be does approval of the preliminary plat include approval of the bill of assurance. City Attorney Bamburg clarified that the preliminary plat and the bill of assurance could not be separated. Chairman Stroud concurred, that both would be approved at the same time. Commissioner Dollar reiterated that the subdivision does comply with Codes, noting that the developer has worked with the Planning Commission regarding several issues. She added that she does not see how the Planning Commission could not approve the preliminary plat as requested. Commissioner Traylor noted that the bill of assurance for Base Meadows Subdivision requires brick houses, which he feels is a stronger bill of assurance. He noted that the bill of assurance for StoneRidge states that quality-building materials would be used. Following a call for question to the amended motion a ROLL CALL was taken. ROLL CALL: Commissioners Dollar, Gray, McCleary, Traylor voted NAY. Commissioners Keaton, Evans voted AYE. (2) AYE. (4) NAY. MOTION to table FAILS. Chairman Stroud opened the floor for discussion among the Commissioners regarding the bill of assurance. Mr. Bond stated that items regarding the bill of assurance would not be negotiable. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. Commissioner Dollar moved to approve the preliminary plat of the StoneRidge Subdivision PH I. MOTION DIES for lack of a second. Following a brief recap of the progression of the development, Commissioner Evans questioned when would have been the appropriate time for residents to have addressed their concerns with the Planning Commission. Chairman Stroud stated that anytime a development is before the Planning Commission it offers an opportunity for citizenry impute. He pointed out that when the development was originally submitted to the Planning Commission it was suggested that the developer consider wider lots, adding that the Planning Commission cannot make a developer develop larger lots than required by the Code. He reiterated as Mr. Bond has stated earlier, the development is well within the design criteria of the Jacksonville Comprehensive Plan. In response to a question posed by Commissioner Evans, City Attorney Bamburg stated that meetings held by the Planning Commission are public meetings, adding that the previous two times the development appeared on the Planning Commission agenda as a sketch plat. He stated that the agenda of the Commission is presented to the newspapers one week prior to the Commission meeting, adding that public impute is at anytime during the process. Commissioner Dollar concurred that the developer has complied with development codes, as well as offering common areas requested by the Planning Commission, adding that she feels the preliminary plat should be approved. Commissioner Traylor related that the bill of assurance should more adequately describe the type of housing construction that defines the subdivision. Commissioner Gray moved, seconded by Commissioner McCleary to table to the end of the agenda. MOTION CARRIED. d. SKETCH PLAT CloverRidge Subdivision PH III Mr. Tommy Bond offered an amended sketch plat for the Commission, noting that the amended plat does not include Tract A. He stated that the plat consists of two 70’ lots, one 100’ lot, and one 110’ lot. He noted easements for the existing ditch that runs through the property and the existing sanitary sewer. He reiterated, as noted in the rezoning phase for the property, the demand for single-family homes in the area. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. City Engineer Whisker stated that the plat meets Code requirements, noting that the preliminary plat would require storm drainage, sidewalks, curb and gutter. Chairman Stroud related that he had been informed by the homeowner adjacent to the property that there would be an 8’ privacy fence separating the two properties. Developer B.J. Boroughs clarified that he has not authorized a fence nor has he spoken with any of the neighboring property owners regarding a fence. He stated that he has not considered a privacy fence, noting that all the properties are continuously single-family. Commissioner McCleary moved, seconded by Commissioner Dollar to approve the sketch plat of the CloverRidge Subdivision PH III as presented. MOTION CARRIED. e. FINAL PLAT Growing Pines Subdivision PH II Developer Daniel Gray stated the request for approval of the final phase of Growing Pines Subdivision. City Engineer Whisker stated that both the Water and Wastewater Commissions have approved this phase of the Subdivision, adding that the Water Department did require minor stipulations, which have been addressed. He noted that sidewalks have been bonded. Commissioner Evans moved, seconded by Commissioner Traylor to approve the final plat of Growing Pines Subdivision PH II as presented. MOTION CARRIED with Commissioner Gray abstaining from the vote. RESUME DISCUSSION REGARDING STONERIDGE SUBDIVISION PH I Chairman Stroud asked that Mr. Brown restate his case to the Planning Commission. Mr. Brown stated that the Property Owner’s Association is asking for fairness and equity regarding the real concern of drainage from the proposed subdivision onto their properties, the liability regarding the lake, and the issue of no privacy on the rear side of the subdivision. He stated that in speaking of fairness, it is a matter of making it aesthetically pleasing. He stated that his understanding of the piping issues would be that it would be above ground, which would detract from their neighborhood. He mentioned the houses being small, adding that he was under the impression that efforts were to improve 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. neighborhoods while moving forward. He stated that the house size is reduced by almost 2,000 square feet, being constructed adjacent to an upgrade subdivision in an area, in what was believed as Tara Mount going west, to be more of a higher level of housing. Mr. Bond stated that it would difficult to address the privacy issue since the present developer did not have any part in the development of the Pennpointe Subdivision. He then stated that the developer has no control over any possible trespassing that might occur. He stated that the submitted bill of assurance is a draft of the minimum standards, expressing that it is a work in progress. He stated that to his knowledge, City ordinances only require that a bill of assurance be submitted, it does not speak to what is to be in the bill of assurance. He stated that they are willing to say that the houses will have a brick front, but added that they do not want to negotiate color or roof styles. He stated that those issues would be a matter of personal preference. He stated that the builders would certainly try to meet what the public would expect in new home construction, which he described as a “moving target”. It was then noted that the drainage pipes would not be above ground; Mr. Bond stated that there would not be any surface drainage other than at Main Street where the ditch is located. He clarified that all of the internal drainage is piped, adding that theoretically they would not have to discharge it underground through the Pennpointe development but added that they are proposing to do that to be a good neighbor. In response to a question posed by Commissioner Gray, Mr. Bond stated that what is being offered could be considered a compromise. Commissioner Dollar stated that she does not believe that smaller lots and smaller houses have to translate to low value homes, adding that homebuyers choose to move to different neighborhoods for various reasons. She related that while Pennpointe is a gated community with larger homes, there are other homebuyers that may not want to live in a gated community. She related that she does not believe the developer is proposing to build a slum because the houses are smaller, adding that there are Codes in place to keep that from happening. Mr. Bond stated that this development would be very comparable to Crooked Creek, which has 150,000 to 175,000 dollar homes. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. – 8:18 P.M. Commissioner Dollar moved to approve the sketch plat of StoneRidge Subdivision PH I, recognizing that the developer has agreed to have brick front homes stipulated in the final bill of assurance. In response to a question posed by Commissioner Keaton, Mr. Bond concurred with the developer that there are no considerations regarding provisions for fencing. Commissioner Evans offered that as a resident of Pennpointe who shares the lake, he knows that security around the lake is a big issue. He stated that it has been manageable only because there has been no new devolvement adjacent to either one of the Pennpointe phases. He noted that Pennpointe was developed adjacent to an existing subdivision. He stated that he recognizes that the attractive lake brings people to the lake, adding that it attracts people that do not live in Pennpointe nor pay for the right to have the lake. He stated that he could foresee a real security problem with trespassing across the lots to gain access to the lake. He stated that restrictions on the size of the houses would not keep this from happening, adding that nothing would keep that from happening except possibly a green space behind the back lots of Pennpointe and/or a security fence that ran the length of the development. He then stated that because he is a Pennpointe resident he will abstain from the voting process. ROLL CALL: Commissioners Dollar, Gray, Keaton, and McCleary voted AYE. Commissioner Traylor voted NAY. Commissioner Evans abstained from the vote. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:18 p.m. Respectfully submitted, _________________________ Susan L. Davitt 13