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06 APR 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. – 7:42 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on April 10, 2006. Chairman Stroud opened the meeting at approximately 7:05 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Glen Keaton, Mike Traylor, and John Herbold answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, various petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold that the minutes of the 13 March 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of Graham Settlement from Commercial to R-1 Chairman Stroud opened the public hearing at approximately 7:06 p.m. Representative Mr. Tommy Bond stated that the rezoning is being presented as directed previously by the Planning Commission to have the property rezoned to residential from commercial to accommodate the development of the single-family housing subdivision of Graham Settlement. With no one else to speak, Chairman Stroud closed the public hearing at approximately 7:08 p.m. City Engineer Whisker related that the rezoning is part of the Planning Commission’s directives that plats would not be considered until properly zoned for proposing development. He noted that the next plat to be reviewed would be the same type of circumstance. Commissioner Brannen moved, seconded by Commissioner Herbold to recommend to the City Council the rezoning of property known as Graham Settlement from commercial to R-1 as requested. Commissioner Gray suggested that the Land Use Map amendment be addressed prior to addressing the rezoning. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. – 7:42 P.M. City Attorney Bamburg clarified that any recommendation to the City Council for rezoning automatically includes the modification to the Land Use Plan to match the rezoning. At this time, MOTION CARRIED. b. REZONING of Foxwood Estates from R-7 to R-0 Chairman Stroud opened the public hearing at approximately 7:09 p.m. Representative Mr. Tommy Bond reiterated the Commission’s desire to have the property rezoned, explaining that the property was rezoned to R-4 and is now being requested to be rezoned to R-0. He added that a small area to corner of Loop Road and the railroad tracks would be left commercial. With no one else to speak, Chairman Stroud closed the public hearing at approximately 7:12 p.m. City Engineer Whisker corrected that previously the property was rezoned to R-7, adding that submittal of that rezoning will accommodate the property development proposal regarding previous plat submittal. Commissioner Gray moved, seconded by Commissioner Herbold to recommend to the City Council the rezoning of property known as Foxwood Estates from R-7 to R-0. MOTION CARRIED. c. REZONING of 517 Gregory Street from R-0 to R-3 Item was withdrawn from the agenda by the petitioner. Petitioner had expressed interest in having the item resubmitted for the regularly scheduled May meeting. REQUEST TO APPROVE PLATS: a. FINAL PLAT Eastview PH VI-B Developer Mr. Chad Ellison stated that he is requesting approval for the final plat. City Engineer Whisker related that water and sewer have been approved. He reminded the Commission that the Subdivision was originally started in 1984, when approximately half the project was completed but then stopped. He added that the next quarter of the Subdivision was then built approximately three years ago, adding that the final plat will finish out Gina Circle behind Whit Davis Lumber Company. He stated that the only items lacking are the back filing of the curbs and a manhole that needs to be 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. – 7:42 P.M. topped in. He related that the sidewalks already exists internal in the Subdivision, noting that Mr. Ellison area stated that he had put rock in the area where there will be driveways, which the City does not object to. He then related that the Bill of assurance had a few items that were given to Mr. Bond dealing with the original bill of assurance regarding zero-lotline duplexes and the paragraph three listing the value of homes as being $19,000. Mr. Ellison then answered that the proposed development would be for duplexes. Commissioner Gray moved, seconded by Commissioner Herbold to recommend approval of the Final Plat of the Eastview PH VI-B to the City Council contingent upon changes as addressed by City Engineer Whisker. MOTION CARRIED. b. RE-APPROVAL PRELIMINARY PLAT Foxwood Estates Representative Mr. Bond stated that City Engineer Whisker had pointed out that Code requires that the final plat be filed within a year of approval of the preliminary plat or it could be filed with a bond for uncompleted improvements. He requested renewal of the preliminary plat approval, adding that he surmises that the project would be completed by next fall. City Engineer Whisker related that Foxwood Estates consists of nineteen 5-acre lots and the outside City limits of Jacksonville located south of the railroad tracks and east of Loop Road. Further explaining that the property backs up to the property that was taken out of the City limits. City Engineer then clarified that there are no changes from the previously approved preliminary plat. Mr. Bond offered that from the commercial area to the entrance area would be a standard City street with sidewalk, curb and gutter. He then added that within the development beyond the gate the street would be a private road, privately maintained. He related that only the water line within the development is not privately maintained. He stated that there is an improvement district to maintain the streets, sewer system, storm drainage. It was clarified that the property is located within the City limits. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. – 7:42 P.M. In response to a question from Commissioner Herbold, Mr. Bond related that the smaller attached lots designated with an “F” is property located in the flood plain but would always be transferred with the same numbered lot adjacent. He further explained that the home would be constructed on the larger lot with the smaller lot would transfer as one Tract with the larger one without the homeowner being subject to flood insurance. Commissioner Brannen moved, seconded by Commissioner Keaton to re-approve the Preliminary Plat of as submitted. MOTION CARRIED. ADDITION TO AGENDA: c. Haskins Subdivision Chairman Stroud explained that the item would require a setback waiver with advertising considerations along with the replat, which would prevent the Commission from being able to take formal action at this meeting. Mr. Bond stated that the property has a sale pending between John Haskins and Mike Hanner, adding that Mr. Hanner is purchasing the property for an upscale commercial development featuring at least one national franchise. He noted that the before the purchase can be completed an easement closed by the City in 2004 will need to be recorded. He then further explained that Mr. Hanner purchased lot 1 of the Rebsamen Medical Subdivision, which has a bill of assurance that prohibits any development outside of a medical facility. He stated that in order to construct a commercial venture on Lot 1; the Hospital Board will have to draft an amendment to the original bill of assurance. He related that along with the signatures of the Hospital Board and Mr. Haskins there would have to be one more signature from one of the property owners. He then explained that the Haskins property is zoned C-2 with a 25’ setback and the Rebsamen property is zoned C-3 with a 50’ setback, which makes it difficult to line up a commercial development on the properties. He stated that to rectify that difference the bill of assurance would have to be amended and the Board of Adjustment would need to grant a variance. He added additionally there is another 10’ easement recorded on Lot 1 that has to be closed so the proposed buyer can build. He continued that the first step was to query the Planning Commission if a final plat could be recorded based on all other conditions being corrected. He then explained that the reason for the rush is that Mr. Haskins is leaving the Country and the pending sale has to close rd by April 23. He asked, if all other things are corrected, that they be able to record the replat. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. – 7:42 P.M. Discussion ensued regarding factors of Mr. Haskins departure from the Country and his pending return. City Engineer Whisker offered for discussion purposes that at the time of the final plat the City is requesting sidewalks along Marshall Road and John Harden Drive. Discussion ensued regarding the exact boundaries of the property and Mr. Bond offered that another condition is that the Hospital Board agrees to allow the buyer to relocate the Hospital billboard. Chairman Stroud commented on the complexity of the situation, adding that Board of Adjustment Chairman Traylor would have to be consulted regarding a special set meeting to grant a waiver. City Attorney Bamburg clarified that the publication requirement cannot be waived by the Planning Commission or the Board of Adjustment, explaining that the publication must be in the paper at least 7 days prior to the meeting. Mr. Bond reiterated that he is asking the Planning Commission to approve the item subject to all outstanding conditions, explaining that any one condition not being met would cause the deal to fall apart. He then noted that the item would also have to go before the City Council for their approval. Chairman Stroud question if all stipulations could be resolved prior to the May meeting. Mr. Bond reminded the Commission that with Mr. Haskins leaving the Country, it has to be handled prior to April 23. Further discussion ensued and Chairman Stroud asked for input from each of the Commissioners. Commissioner Brannen expressed apprehension regarding formal action for tonight’s meeting, explaining that he only received his information at 5:00 p.m. today. City Attorney Bamburg advised that if there were going to be discussion among the members it would require a motion to place the item on the agenda. Commissioner Gray moved, seconded by Commissioner Traylor to suspend the rules and place the Haskins Subdivision on the agenda for discussion. MOTION CARRIED with Art Brannen voting NAY. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. – 7:42 P.M. Commissioner Gray offered to make himself available for special meetings if the majority of outstanding conditions become favorable to proceed in order to do what is best for the community, if all other Commissioners agree. Commissioner Brannen stated that would also be willing to meet if the petitioner can satisfy the outstanding issues. Commissioner Keaton agreed. Commissioner and Chairman Traylor offered his availability and that of the Board of Adjustment. Commissioner Herbold agreed if all legal issues are addressed. It was the consensus of the Commission to hold a special meeting as soon as advertising would allow. BUILDING PERMITS: GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:42 p.m. Respectfully submitted, _________________________ Susan L. Davitt 6 7