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06 AUG 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on August 14, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray, Jr., Emma Knight, Glen Keaton, Mike Traylor, John Herbold, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (0). One seat is open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Thad Gray, Daniel Gray, David Jones, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold that the minutes of 10 July 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Part of the proposed Woodside Subdivision from R-0 to R-4. Chairman Stroud stated that the request to rezone is being removed from the agenda, citing a mandatory one-year period before a request to rezone the same property can be resubmitted to the Planning Commission. b. CONDITIONAL USE for a mixed-use at 100 South First Street Chairman Stroud opened the public hearing at approximately 7:05 p.m. Mr. Jay O’Neal related that the existing building has been there for at least 70 years, explaining that the building has had many varied uses over the years. He stated that the owner of the building prior to himself had already begun construction to have an upstairs apartment with a downstairs commercial business, adding that he has worked with City Engineer Whisker to bring the building up to Code and is requesting the mixed-use. He related his plans to sell the building, introducing his prospective buyer and explaining that there are plans to make the downstairs area a dance studio and gym. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:07 p.m. City Engineer Whisker noted that the property is still under construction, stating that it would have to be completed prior to allowing a mixed-use occupancy because of fire codes. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. In response to a question posed by Commissioner Knight, City Engineer Whisker related that a mixed-use to his knowledge can involve a C-2 zoning as well as C-1. Commissioner Knight moved, seconded by Commissioner Brannen to approve the Conditional Use as requested for 100 South First Street. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. FINAL PLAT 520 Marshall Road Pastor Ted Patterson of the Jacksonville Baptist Temple Church presented the final plat, explaining that the Church is proposing to build an education wing onto the Church as well as move a portable building from their previous location to the location on Marshall Road. City Engineer Whisker noted that the plat submitted should read “Final” plat, requesting that any easements on the property also be shown on the final plat. He stated that the Church has final platted the property as requested but noted that structures need to be shown on the plat before being submitted to the City Council. Commissioner Knight moved, seconded by Commissioner Herbold to approve the Final Plat of 520 Marshall Road, stipulating corrections as mentioned by City Engineer Whisker. MOTION CARRIED. b. SKETCH PLAT Red Fox Subdivision Mr. Bond noted that the property had been before the Commission as a building permit request from Mr. & Mrs. Johnson, explaining that the property had been sold by the Bescanons to the Johnsons but has since been taken back by the Bescanons who are now requesting to plat the property into four lots. City Engineer Whisker stated that the same issues would still apply, pointing out that the road from Northeastern is a private drive. He stated that the largest concern would be an easement right-of-way from Northeastern to the proposed property, a fire hydrant at the corner that meets the six-inch waterline and easements for the utilities. He stated that the other outstanding question would be the road improvements on Red Fox Lane from Northeastern to the proposed property. He noted that the proposed lots are ¾ acre and the surrounding lots range from 1 to 2 acre lots. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. Commissioner Gray concurred that having a right-of-way easement would be good for the protection of the residents, but added that he feels the easement should be a public dedicated easement to accommodate public vehicles such as the garbage trucks needing to gain access. He stated that if the Street is not constructed to City standards, the City would not maintain the Street. Discussion ensued and City Engineer Whisker raised the question of whether the entire Street should be improved to City standards. He related that the existing Red Fox Lane is 10’ to 12’ wide, reiterating the question, should the road be improved to 27’ back of curb to back of curb from Northeastern to the proposed lots or allow the area in front of the proposed lots to be a 12’ road. He noted that the plat shows a 27’ back to curb with a 100’ radius turnaround for fire and police. Mr. Bond stated that economics would not allow for the development of a 27’ back to curb road, adding that he feels such a requirement would keep the property from being developed. Chairman Stroud asked the Commission to consider acceptable solutions. City Engineer Whisker stated that he believes a 20’ road is required by the Fire Department, saying that it would not necessarily have to be a road but a 20’ wide path. Commissioner Gray stated that a 20’ wide easement from each of the current property owners should be enough to protect the investment of the new lot owners, adding that street maintenance would be the responsibility of the various property owners. It was clarified that the turnaround and street improvements in front of the proposed lots would be the responsibility of the new development owners. Mr. Bond answered that theoretically the existing property owners would benefit from having the street improved to City standards regarding Fire Department equipment access, but added that he does not believe the property owners are interested in investing for those improvements. He then answered that some of the property owners are not even interested in having the road improved, feeling that it would generate additional traffic. It was noted that the fire hydrant located on the street was removed because it was leaking. Discussion centered on the importance of having a dedicated road and utility easement. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. In response to a question posed by Commissioner Brannen, City Engineer Whisker stated that a fire hydrant would be placed at the corner of the first proposed lot heading east as well as a turnaround at the end of the street for fire and garbage. It was stated that any improvement at this juncture could only help the situation. Commissioner Brannen moved, seconded by Commissioner Knight to approve the Sketch Plat of the Red Fox Subdivision stipulating a 20’ road and utility easement. MOTION CARRIED. c. PRELIMINARY PLAT Woodside Subdivision The item of business was withdrawn from the agenda per the petitioner. Mr. Bond stated that it would not be economically feasible to present the plat without approval of the rezoning. d. FINAL PLAT Forest Oaks PH III Mr. David Jones of Marlar Engineering stated that phase III contains approximately 20 lots, adding that all improvements are in and the as builts have been submitted. City Engineer Whisker related that both the Water and Wastewater Departments have issued letters of approval. Commissioner Keaton noted a correction in the bill of assurance regarding lot 15; Mr. Jones agreed to make the correction. Commissioner Gray moved, seconded by Commissioner Knight to recommend acceptance of the Final Plat of Forest Oaks PH III to the City Council. MOTION CARRIED. e. FINAL PLAT Base Meadows PH II Mr. David Jones of Marlar Engineering stated that Phase II is the third installment of the subdivision, noting that Phase I was actually split into two phases. He related that all improvements are in and the phase has received acceptance by all utilities. City Engineer Whisker concurred; adding that the bill of assurance should mirror that of Phase I. Commissioner Knight moved, seconded by Commissioner Brannen to recommend approval of Base Meadows Phase II to the City Council. MOTION CARRIED. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. f. FINAL PLAT Stevens Subdivision Homeowner Carey Stevens stated that she had appeared before the Planning Commission approximately one month earlier requesting to add-on to the existing home and construct a two-car garage on her property. She stated that as requested she has platted the four separate tracts of land into a one-lot subdivision. City Engineer Whisker concurred; stating that under the new plat all setbacks can easily be met. Commissioner Brannen moved, seconded by Commissioner Herbold to recommend approval of the Final Plat of the Stevens Subdivision to the City Council. MOTION CARRIED. BUILDING PERMITS: a. 911 Trickey Lane Mrs. Allen of 50 Georgeann Drive, stated that she is the sister of petitioner Lonnie Ellis, who is requesting a building permit to build his home at 911 Trickey Lane. City Engineer Whisker related that the property consists of 6 to 7 acres belonging to the family. He stated that he feels it would be reasonable to grant a metes and bounds building permit given the size of the property. He then stated that the plot plan does meet all setbacks. Commissioner Evans moved, seconded by Commissioner Gray to approve a metes and bounds building permit as requested for 911 Trickey Lane. MOTION CARRIED. b. Flood Plain waiver for 1401 – 1403 Phillip Drive Mr. Thad Gray related that the duplex suffered an accidental fire in March, explaining that when he applied for a building permit to rebuild the property he learned that the property was located in the flood plain. He stated that the duplex was built in 1973 before the City had adopted the national flood plain. He stated that following a survey he learned that the area flood plain level is 276’ and the duplex floor level is 274.66’, about 1.34’ below the flood level. He related that he was informed of an ordinance that states if a structure is more than 50% damaged by fire in a flood plain area, it would require the entire structure to be demolished and rebuilt to the flood plain level. He explained that because the tax base was less than double the price of the estimated cost of $45,000.00 to remodel the duplex, the City deemed the structure to be more than 50% damaged. He offered photographs for review and noted that since the establishment of the flood plain level the City has made 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. improvements to the total ditch line from Main Street back up to the Oakwood Apartments, which did not exist when the duplexes were built. He stated that practicality and unnecessary funds for repairs should be considered. He then explained that the fire damage was mainly to the front bedroom of the duplex at 1401 Phillip Drive, including smoke damage throughout the unit. He stated that the adjacent unit of 1403 was barely damaged, citing some smoke and water damage, which resulted in the living room ceiling being removed. He related that the unit at 1401 Phillip was cleared of debris before the project came to a standstill over how to proceed. He explained that the insurance company has declined to total the structure, citing that it would cost in excess of $100,000 to demolish and rebuild the entire structure, resulting in a mortgage. He noted that 1403 could be repaired easily and put back into commission, adding that until the sheet rock is removed, the structural integrity cannot be determined, explaining that if needed the studs and ceiling joists would be replaced if necessary. He stated that the other option would be to have the structure demolished and hauled away. He restated his request for a waiver in order to repair the duplex. He related that there had not been a serious flooding problem until Marshall Road was widened to four lanes, explaining that then some flooding had occurred to the front of the duplexes, not from behind involving the ditch area. He then noted that side ditches have been put in to help alleviate that flooding problem, he suggested that further improvements to those ditches would further help. In response to a question posed by Commissioner Knight, Mr. Thad Gray answered that following improvements to the ditches, the flooding has only occurred strictly on the front side immediately after Marshall Road was widened. He continued that then the side ditches were put in and it very seldom floods, adding that the ditches have to be kept clean. It was noted that the ditch behind the duplex is a concrete block ditch. City Engineer Whisker stated that the duplex was constructed in 1973 and the City joined the flood insurance program in 1978, explaining that there has been three map revisions and another is expected soon. He reiterated that the flood plain ordinance states that anytime a structure is 50% or more of what the structure is worth is involved it is classified as substantial improvement and any time there is substantial improvement the structure is to be brought up to flood plain codes. He stated that the code is 1’ above base flood elevation, making the requirement to raise the structure a total of 2.3’. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. In response to a question posed by Commissioner Knight, City Engineer Whisker stated that County tax records are used in estimating the worth of the structure and repairs. In response to a question posed by Chairman Stroud, Mr. Thad Gray reiterated that flooding has only occurred to the front of the duplexes since the widening of Marshall Road, and that the side ditches have helped to alleviate that flooding. He then answered that if the side ditches are not kept cleared flooding can occur to the units, explaining that several years ago the City helped build a dirt berm on one side of the property, adding that the other side is an underground ditch that takes the water back to the main ditch. City Engineer Whisker stated that the ground slopes toward the first three duplexes to the left, 1401 through 1409. Commissioner Knight noted recent heavy rain falls that have caused flooding in areas that usually do not flood, adding that if these duplexes did not substantially flood during those rains she would not see a huge problem with granting a waiver. Chairman Stroud noted as a valid point that the duplexes were constructed in 1973 and the flood plain was accepted in 1978, adding that it would be distressing to think they might be putting residents in a possible flooding risk. Commissioner Knight moved, seconded by Commissioner Herbold to grant a flood plain waiver to repair the duplexes located at 1401 and 1403 Phillip Drive. In response to a question posed by Commissioner Herbold, Mr. Thad Gray stated that it is estimated that only a quadrant of the roof will have to be rebuilt, adding that until the sheet rock is removed it would be difficult to estimate what would need to be replaced that would be a weight load bearing risk. City Engineer Whisker stated that the flood plain associates, and himself as Chairman of the State Flood Plain Association, would caution that this would not be a good move. He stated that the petitioner has talked about the property flooding from the front even after the side ditches were installed, adding that the biggest flooding problem is the first three duplexes and raising them above flood elevation is the proper way to correct at least one of the duplexes. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. In response to a question posed by Commissioner Brannen, City Engineer Whisker answered that the drive in front of the duplexes is a private drive that leads back into Phillip Drive. He stated that Phillip Drive is curb and gutter until it meets the common drive, explaining that when a tremendous amount of water goes down Phillip Drive it runs into the side ditch and goes back up onto the common drive and then runs down into the duplexes. In response to a question posed by Commissioner Knight regarding the use of a French drain, City Engineer Whisker stated that there are various ways to help the drainage. Commissioner Knight withdrew the motion in order to continue discussion. Commissioner withdrew his second to the motion. Commissioner Knight asked if alternative options have been discussed. Mr. Thad Gray stated that he would be willing to work with the City to alleviate the area of drainage into the three duplexes. City Engineer Whisker stated that the most talked about idea has been a 4’ concrete walk from Phillip Drive to the large ditch in the rear. Mr. Thad Gray noted that there is a 100’ Entergy easement through the area, noting that it would involve a third party into the situation. In response to a question posed by Commissioner Knight, City Engineer Whisker stated that options would depend if the area is actually an easement or right-of-way, explaining that if it is a right-of-way it is owned by Entergy. Commissioner Knight questioned if there were other alternatives available. City Engineer Whisker stated that it would come down to who would pay for the improvements. He explained that 3 years ago the City helped clean out the ditch to help with drainage and put in the pipe on the south side. He stated that the discussion has been to do more such as a concrete walk. Mr. Daniel Gray stated that he is the property manager, offering that the duplex that floods the most is 1405 not 1401 & 1403, which was the duplex that burned. He stated that the front door 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. of 1405 is level with the ground, adding that 1401 & 1403 is one block up and the flooding problem there is mostly the yard. He stated that there is no water intrusion into the duplex at 1401 & 1403. He stated that 1405 Phillip Drive is the duplex that floods when it rains, adding that they are trying to alleviate that through discussions with the City. He stated that they have someone digging ditches beside the duplexes to alleviate the problem. He stated that the duplex where the waiver is being requested does not flood every time it rains. Chairman Stroud stated that the main issue for the Planning Commission is that the property is located in the flood plain. He stated that other flooding issues are relevant. Commissioner Brannen moved, seconded by Commissioner Knight to table action on the waiver pending a plan to fix the item. It was the consensus to a plan brought back before the Planning Commission. Commissioner Herbold stated that efforts to fix drainage for the other apartments in the area will have to be done whether 1401 & 1403 are rebuilt at a higher level or not. He stated that the water is not coming from being in the flood plain but is a drainage issue. Commissioner Traylor pointed out that even if issues of drainage are addressed the property is still located in the flood plain, which brings the focus back to the initial discussion points made by City Engineer Whisker. Chairman Stroud stated that the considerations are for a flood plain waiver as long as conditions are satisfied that all precautions are taken to prevent the property from flooding. Commissioner Knight supported a plan being brought back to the Planning Commission that would eliminate the drainage water and then repair the building. Commissioner Evans stated that any proposals presented to the Commission need to be evaluated for their value, noting that there is no one on the Commission with that exact expertise. He stated that the one plan that is certain to fix the problem would be to demolish and rebuild above the flood plain level, which would be a terrific financial hardship on the owner. He stated 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. that any other plan would need to carry assurances, noting that the Planning Commission is being asked to circumvent the rules and regulations. Chairman Stroud stated that City Engineer Whisker would be the authority as Chairman of the Flood Plain Association. At this time MOTION CARRIED. GENERAL: DISCUSSION Request from Bond Engineering to change residential setback from 35’ to 25’ Mr. Tommy Bond stated that with the direction of Alderman Stroud he forwarded a letter to Mayor Swaim regarding ongoing efforts to change residential setbacks from 35’ to 25’. He stated that part of the agreement to change the current setback comes as a result of some house plans, even for small houses cannot fit on a 120’ deep lot with a 35’ front yard setback. He stated that the new style of floor plans for houses are becoming deeper and narrower, explaining that the garage is being pushed forward and the house area is being set behind the garage. He stated that most homebuyers are looking for a larger back yard versus the front yard. He stated that the additional cost is another issue resulting in approximately $2,000.00 rolled into the mortgage over 30 years. He then cited that the surrounding cities to Jacksonville carry 25’ front yard setbacks, pointing out that a 35’ setback puts Jacksonville at a disadvantage. He stated that he is asking the Planning Commission to recommend a 25’ change for all zoning classifications to the City Council. Discussion ensued as to the home building rate of Jacksonville and surrounding cities, noting infrastructure concerns for neighboring cities. Commissioner Knight questioned if City Attorney Bamburg needed to prepare an ordinance for the next regularly scheduled Planning Commission meeting. City Attorney Bamburg clarified that a public hearing would be the next step for changing the ordinance. Commissioner Gray requested that the public hearing cover a 25’ setback for all zonings. In response to a question posed by Commissioner Brannen, Chairman Stroud clarified that previously approved plats with 35’ setback would retain a 35’ setback. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. – 8:17 P.M. In response to a question posed by Chairman Stroud, Mr. Greg Heslep stated that he supports a change to 25’ for front yard setbacks, citing that the front yards in the Base Meadows Subdivision are larger than the back yards. He mentioned concerns for infrastructure with sewer and water, adding that more current house plans do not fit the lots very well. Mr. Jack Wilson stated that it is his feeling that 35’ setback is the equivalent of imposing an impact fee to homebuyers. He stated that North Little Rock, Sherwood, Cabot, Maumelle, Bryant and Little Rock have 25’ setbacks. He related difficulties for Jacksonville to compete with other cities because of setback limitations regarding certain house plans. He stated that a 35’ front yard setback is a disservice that cost extra without any benefit. He stated that a 35’ setback does not promote an atmosphere that attracts buyers, adding that he feels anything that we do or fail to do that attracts buyers is not being very responsible. Commissioner Gray moved, seconded by Commissioner Knight to host a public hearing to determine a change in setbacks for all zonings. MOTION CARRIED with Commissioner Keaton voting NAY. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:17 p.m. Respectfully submitted, _________________________ Susan L. Davitt 11