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06 JUN 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on June 12, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Art Brannen, Emma Knight, Bart Gray Jr., Kevin McCleary, Mike Traylor, and John Herbold answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Tommy Bond, Alderman Howard, Alderman Stroud, Alderman Fletcher various petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner McCleary that the minutes of the 8 May 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of property on Main Street adjacent to Western Hills Subdivision from R-0 to R-3 Chairman Stroud opened the public hearing at approximately 7:01 p.m. Representative Mr. Tommy Bond presented a color rendering of the project for the Commission to review. He pointed out that the City adopted a plan to relocate Main Street going west. He added that the property consists of a total of 26 acres and the owner is requesting that 20 acres be rezoned. He noted that part of the property is located in the flood plain and another portion is on a ridge. He stated that the property lies immediately west of the Western Hills Subdivision on the west side of Main Street. In response to a question posed by Chairman Stroud, Mr. Bond explained that approximately 12 to 15 acres is out of the flood plain and the developer is proposing to fill 4 or 5 acres of the 20-acre rezoning request. He added that there are no plans for the westerly 6 acres. He noted that a recent newspaper article featured the same artist rendering of the development. He then stated that the developer is proposing a density of 20 units per acre, pointing out that City ordinance allows 2000 square feet for each unit. He stated that based on 20 acres that would be 435 units at maximum density. He stated that the development calls for upscale luxury apartments, renting between $700.00 and $1200.00 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. monthly. He added that the apartments would vary between one to three bedroom units and have 2 parking spaces, noting that the City ordinance requires 1.5 parking spaces per unit. Chairman Stroud asked opposition to present, adding that a petition of opposition with 200 plus signatures was submitted for the record. Mr. Bill Smith of 2512 North Ridge Drive stated that his house backs up to the proposed area, adding that he is very familiar with the area. He related that he does not believe that there is even 3 acres that is not located within the flood plain. He added that he does not feel there is enough property to establish 20 units per acre. He related that he studied the area topography map and that the area of 12 acres previously mentioned that is above the flood plain does not exist. He explained that he walks the area daily, and when the recent sewer line was constructed, manholes were established 5’ above the ground. He added that during the recent rains 4 out of 5 manholes were under water. He stated that he does not feel there is any way for apartments to be constructed in that area. He then related that when he purchased his lot in Western Hills, he was told by Capps and Peacock that the property could not be built on because it was in the flood plain. He stated that any development of the property would cause major problems, imploring the Commission to visit the property. He said, concerning the proposed straightening of Main Street that for 10 years the City has tried to get the Sucka family to sell their land. He noted that the Sucka family has lived on the land for 50 plus years. He then stated that he knows that the City is going to condemn the land in order to straighten out Main Street, which he feels is wrong. He added that there is land available to the north and south of Jacksonville that could be used for apartment development. Mr. Lucian Shockey of 3711 Christy Lane related that the master plan depicts the land as R-0, explaining that the property has been R-0 through the development of Western Hills, Spring Valley, Bushwood, and Fair Oaks. He questioned if there had been an environmental impact study regarding the concentration of housing in the area concerning the wetlands, adding that it is customary that a study be performed when development is proposed that close to a wetlands. He then issued his concerns for the traffic, saying that 20 units are equivalent to the traffic that would be coming from Bushwood. He added that there is not an intersection in Jacksonville with as high an accident rate as the S curve on Main Street. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. He then stated that the continued extension of Main Street could only happen if the adjoining property owner were to open the property for the road. He said that he did not get to sign the petition, but is very much against the rezoning. He stated that the area is already congested and has additional traffic from the subdivisions located to the back gate of the Air Force Base. He added that if the 440 is completed there would be additionally increased traffic on Main Street. Mr. Ed Gilbert of 19 Edgewater Court stated that he would hope that the Commission would consider the issue of property values. He related that the prospect of loosing property value has to be somebody’s responsibility and that the Planning Commission is suppose to represent the property owners. He then raised the question of the area schools, saying that the area is already growing tremendously and the schools are filled to capacity. He stated that while the Commission does not have any control over the schools, they do have control over the increased population due to over development that would directly impact the schools. Chairman Stroud assured Mr. Gilbert that the Planning Commission’s first and foremost thought is to serve the citizens. He then asked for rebuttal. Mr. Bond stated that the area inside the existing sewer lines as shown on the map is approximately 15 acres, adding that even if 3 acres were discounted, there would still be 12 acres above the flood plain. He then addressed the concern of over crowding in the schools, saying that the schools in Jacksonville are experiencing a decline in enrollment. He stated that there has been discussion to combine North Pulaski and Jacksonville, turning North Pulaski into a middle school and have just Jacksonville High School. He stated that the proposed plan would eliminate the double S curves on Main Street, which would reduce current traffic problems. Alderman Fletcher stated that he is not speaking for or against the issue since he has to vote on the issue at City Council. He stated that as a representative of the area, he would like to introduced Mrs. Ruby Sucka; property owner adjacent to the proposed development. He stated that she and her husband would be the most impacted by the development. He added that he 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. would also like to state for the record that there are no plans to condemn property for the road, saying that as long as he has a voice on the City Council, he would work to prevent that from happening. Mrs. Ruby Sucka of 3713 West Main stated that she is opposed to the development of apartments adjacent to her property. She stated that the S curves have been there for years, saying that there are wrecks everywhere in Pulaski County. She said that she did not want the new road behind her house because of the water, adding that the water build up could flood her land and house. She reiterated that she is opposed to the proposed road. Mr. Robbie Robertson related that he has been in the Air Force for 29 years and is planning to retire in Jacksonville. He stated that he feels young airmen will live in the apartments, saying that most people who live in apartments are people who can not afford a house and they are transitory. He stated that he has seen this everywhere he has lived, adding that he believes we need apartments in Jacksonville but does not feel they need to be in this area because the property was deemed residential. He related that if the rent were high, two or three airmen would share the apartment, saying that he is familiar with this concept among young airmen. Chairman Stroud stated that it would be against the law for a Planning Commission to accept or deny a rezoning based on demographics, adding that would not be a consideration in the Planning Commission’s decision. Chairman Stroud closed the public hearing at approximately 7:30 p.m. City Engineer Whisker stated that the City requires developers to construct their portion of any streets that are a part of the Master Street Plan. He stated that in this case the developer would have to construct the street up to the Sucka’s property. He stated that proper drainage would be designed when the road was constructed to avoid flooding of other properties. He stated that apartments are usually used as buffer zones between commercial and residential or major street separators are used. In response to a question posed by Chairman Stroud, City Engineer Whisker stated that Main Street and Emma Street would be the buffers for the apartments. He added that the Master Street Plan depicts Emma Street as the north/south of West Main in the S 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. curve, continuing south after West Main Street builds out. He reminded the Commission of the Dupree’s plan to have the bean field connect. Chairman Stroud stated that 3 sides of the property appear to be R-0. City Engineer Whisker concurred. In response to a question posed by Chairman Stroud, Mr. Bond stated that the apartments would rent between $700.00 to $1200.00 per unit, adding that would be considered upper scale. He said that the buffer would be Emma Street, which is slated to be a four-lane street eventually connecting into the Legacy Development and Main Street. He then pointed out that all the property to the west is heavily into the flood plain and would probably never be developed. Chairman Stroud related that prior and since the construction of the West Interceptor sewer line the area has experience a large amount of R-1 and R-0 growth. He then questioned if an R-3 development in the middle of R-1 would hamper future R-1 growth. Mr. Bond stated that he did not feel that it would, noting that the property to the west would probably never develop, and pointing out that the only other area to see future development is the area designated for the Free Will Baptist Church. Discussion ensued regarding the construction possibilities for apartments in the western part of the City. Chairman Stroud noted that it was many years before the Planning Commission rezoned the property on Gregory Street to R-3, only after knowing that it could not be developed otherwise. He stated that rezoning of the current proposal could possibly be taking R-0 land to R-3 before knowing if it could be developed as R-0. In response to a question posed by Commissioner Brannen, City Engineer Whisker stated that the City has plans to widen Main Street to four lanes from Redmond Road to Harris Road. He then answered that currently the City’s Master Plan has called for Graham Road to be widened to four lanes from Loop Road over to Oak Street. He stated that the next step would be to widen the lanes at intersections of Main and Bailey, Main and James with left turn lanes before continuing out west Main. He stated 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. that the plan to widen Graham has been in the works for the past 5 years and is proposed to be on the TIP program for 2008. Commissioner Herbold stated that if 3 sides of the proposed property is zoned R-0 and the forth side will not be developed then the property would be surrounded by R-0, adding that there are areas set aside for developments of this nature. He stated that the Planning Commission has a responsibility to protect the homeowners. He related that through experience he is aware that apartment development in residential can decrease property values. Commissioner Herbold moved, seconded by Commissioner Brannen to deny the request to rezone from R-0 to R-3 as requested. Commissioner Gray stated that he would be voting in favor of the motion because of traffic concerns, adding that west Jacksonville is going to need multi-family accommodations, saying that this location at this time may not be the place. He stated that in the not too distance future it might be right for Jacksonville to have multi-family in western Jacksonville. At this time, MOTION CARRIED. b. REZONING of Lots 1 & 2 JBJ Subdivision from R-6 to R-1 Chairman Stroud opened the public hearing at approximately 7:43 p.m. Mr. Jerry Johnson stated that the lots are located on J.P. Wright Loop Road and are presently zoned for mobile homes, adding that he is requesting that the zoning be changed to R-1 to accommodate construction of 2 site built homes. Chairman Stroud closed the public hearing at approximately 7:44 p.m. City Engineer Whisker noted that both mobile homes and site built homes are in the direct vicinity of the request. He then answered that the square footage of the lots would be 6500. Commissioner Gray moved, seconded by Commissioner Knight to recommend to the City Council the rezoning of Lots 1 and 2 of the JBJ Subdivision from R-6 to R-1 as requested. Chairman Stroud noted a modification on the bill of assurance from mobile home wording to site built. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. At this time, MOTION CARRIED. c. MIXED USE for 100 South First Street Chairman Stroud opened the public hearing at approximately 7:45 p.m. The petitioner or a representative was not present. Chairman Stroud stated that the item of business would be removed from the agenda. It was noted for the record that no one appeared to oppose the request. Chairman Stroud closed the public hearing at approximately 7:46 p.m. REQUEST TO APPROVE PLATS: a. FINAL PLAT Base Meadows PH II Final plat was removed from the agenda per the petitioner. b. FINAL PLAT O’Reilly Automotive Addition, Lot 1 Mr. Kelton Price stated that he would be representing the request for O’Reilly Automotive Parts. He stated that there are no improvements necessary. City Engineer Whisker related that water and sewer improvements were made to the lot and both have been accepted by those utilities. He then assured the Commission that the underground retention pond was constructed. Commissioner Gray moved, seconded by Commissioner Herbold to recommend approval of the Final Plat of O’Reilly Automotive Addition, Lot 1 to the City Council. MOTION CARRIED. c. PRELIMINARY PLAT Pleasant Valley Estates formally submitted as Hidden Meadows Mr. Bond related that the property consists of 40 acres subdivided into 114 lots, explaining that phase I is exactly half of those lots and is the property that drains to the south. He stated that the development would connect to the streets in North Lake to the west except for one street. He explained that the steep grade prevented them from being able to connect to a street in the Fears Lake Development. He said that the only issue he is aware of is one concerning a fire hydrant. City Engineer Whisker noted that the Fire Marshall had requested a fire hydrant, adding that the only other concerns were from the Water and Sewer Commissions. He clarified that the Water 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. Department has not determined that the model provided will work and the Sewer Commission is waiting on further verification as to how the development will work regarding the pump stations. He related that both developers are working that out, noting that Mr. Tommy Dupree put in the pump station for North Lake Subdivision. In response to a question posed by Chairman Stroud, Mr. Bond related that in 1999 the main pump station had ample capacity, adding that Mr. Dupree built a second pump station to handle 200 more lots of which he has only used for 30 to 50 new lots. He stated that the proposed developer is working with Mr. Dupree regarding reimbursement for used capacity. He explained that following initial computations, both developers are thus far in agreement. He stated that some of the storm drainage would be handled by Lake Lorene in North Lake and that is also being negotiated with Mr. Dupree. He noted that Lake Lorene is a 50- acre lake. In response to a question posed by Chairman Stroud, Mr. Bond related that the computations regarding the pump station would be based on the costs of construction per lot capacity that would be paid to the Dupree Company and then the Dupree Company would be responsible for further improvements to increase the capacity. He stated that the new development and the lots on line currently would still not be more than the capacity of the two pump stations. He then answered that these arrangements have been forwarded to the Sewer Commission. City Engineer Whisker agreed that any improvements should be based on approval by the Water and Wastewater Departments. In response to a question posed by Chairman Stroud, Mr. Bond related that the new development would tie into 5 existing waterlines in the North Lake Subdivision. He stated that every street on the west side of North Lake has a 6” or 8” line stubbed out, explaining that the new development would have 5 connections to the system. He pointed out that a 1977 study related no problems, adding that a copy of the study was forwarded to the Water Department. He stated that the study consists of water models that show pressure plains and flows. City Engineer Whisker related that North Lake is fed by an 8” line that was studied to be the right size line for the end of the area, adding that this happens to be the end of the area. He continued that once you go directly west of this property you enter CAW water territory. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. Mr. Bond stated that the CAW waterline is along the north boundary of the property and is a 24” waterline that feeds Jacksonville from North Little Rock. He stated that it runs the entire length of the 40 acres. In response to a question posed by Commissioner Brannen, City Engineer Whisker related that lots located in the flood plain would be lots 24 through 29 and 34 through 37, which will be designated on the plat. Mr. Bond pointed out that those lots would be raised out of the flood plain. Commissioner Knight moved, seconded by Commissioner Brannen to approve the Preliminary Plat of Pleasant Valley Estates, stipulating approval from the Water and Wastewater Departments. MOTION CARRIED. In response to comments from Mr. Bond regarding model homes and 25’ front yard setbacks, Chairman Stroud stated that until there is an ordinance to provide for those considerations the Commission would not be able to deal with those issues. BUILDING PERMITS: a. 213 Marshall Road Mr. Dewey Sims of Fishnet Missions related that they had previously obtained permission to construct a building adjacent to the existing building, adding that due to the overhead transmission lines they were required to obtain permission from Entergy. He noted that a letter of permission was forwarded to the Commission. He then stated that there are no issues regarding the flood plain and that the canopy is existing. He stated that the Mission has eight thousand families in their database that they serve and need addition space for their operations. City Engineer Whisker related that Fishnet Missions was approved a building permit approximately two months ago, but added that those plans were amended to move the building to the rear of the lot because of the energy lines. He then added that Mr. Sims received approval from Entergy to encroach 4’7” into the easement area and was granted a setback variance from the Board of Adjustment. He then answered that there were no issues regarding the water and sewer lines but added that erosion for the sewer line located along the ditch would be addressed when the building permit was issued. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. Commissioner Knight moved, seconded by Commissioner Gray to approve the building permit request for 213 Marshall Road as requested. MOTION CARRIED. b. 520 Marshall Road Pastor Ted Patterson of Jacksonville Baptist Temple have proposed three-phases for future growth that includes a 20’ X 40’ building being moved from their former property to 520 Marshall Road, the construction of a 40’ X 80’ educational wing and plans to construct a gym. He noted that the gym is future construction, and that there is no current timetable for that construction. City Engineer Whisker stated that both utilities wanted to make sure that any improvements were set away from them, adding that utilities run through this lot to the apartments on the south end. He noted that the sewer is not in the way; but the water seems to be close. He stated that he explained to Pastor Patterson that the building needs to be a minimum of 15’ away from the waterline. Discussion ensued as to if the plans as indicated on the plot plan would have the building setback 30’ from the rear property line and 55’ from the side property line. Chairman Stroud stated that he would like to see the property platted given the lengthy plans for construction improvements. He then noted the addition of an awning to the front of the building, noting that the structure had 9 concrete screws to secure the attachment and one of the heads on the screws is broken off. Pastor Patterson stated that the awning was part of the proposed plans submitted for a building permit. City Engineer Whisker stated that the entire plans were presented to his office, explaining that Pastor Patterson was eager to begin on the awning so parishioners could get in and out of the Church. He related that he allowed for construction of the awning, instructing Pastor Patterson to begin his process to obtain his metes and bounds building permit. He stated that he did permit that part, but added that as far as a building permit, he is not sure there was an actual building permit with inspections. He added that he believes there was an actual building permit. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. Chairman Stroud stated that he hopes there was a building permit with inspections because the way it is attached to the front of the building causes him concern. He continued saying that there are two non-treated wood blocks sitting on top of a brick facade and there are concrete screws holding the massive metal structure to the front of the building. Pastor Patterson stated that the inspectors would have to sign off on that once they complete that aspect of it, the concrete work. Chairman Stroud stated that City would be better served if the land was platted and the new proposed structures set on the plat in proper order, in an orderly fashion as is required with everyone. Pastor Patterson stated that their plans are nothing more than what Hope Lutheran had already done and had approved. He stated that the gymnasium is exactly from the one Hope Lutheran had approved when they purchased the building. He stated they are proposing nothing new just moderations. Chairman Stroud reiterated that he is only asking that the property be platted and improvements are placed on the plat. He stated that he would like to see the plans in a more orderly fashion. In response to a question posed by Commissioner Gray, City Engineer Whisker agreed that if the property was platted the Church would not have to come back before the Planning Commission as long as the building construction was connected to the main building and met all setback requirements, and parking requirements. Commissioner Gray related that a request to plat the property would not be an unusual request of petitioners coming before the Planning Commission. City Engineer Whisker noted that the accessory building would require a maximum square footage variance. Commissioner Herbold questioned if the aesthetics of the accessory building would tie into the design scheme of the existing building. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. Pastor Patterson noted that the accessory building would not be seen being placed on the backside of the main building. He stated that the accessory building has vinyl siding, while the Church is brick. Commissioner Knight moved, seconded by Commissioner McCleary to deny the request and ask the petitioner to properly plat the property. MOTION CARRIED. c. Corner of Sharp and School Drive/Jacksonville Middle School Practice Facility Mr. Bond stated that the proposal is to construct a field house for the Middle School, adding that the facility has been a great need for the School. He stated that the current field house is approximately 40 years old, adding that the proposed project has been a community effort. He stated that all monies have been locally donated, explaining that the School owns the property. City Engineer Whisker stated that water and sewer would be from existing facilities, adding that the property is on a metes and bounds area. In response to a question posed by Commissioner Herbold, Mr. Bond related that the building would be on the east end of the practice field. It was noted that the stairs that come from the gym would connect at the side of the building. In response to a question posed by Commissioner Gray, Mr. Mark Perry stated that the Jacksonville Booster Club would own the building and the County would maintain the building but are not contributing to the construction. He then explained that they would have first option to purchase the property if the School District were dissolved or the school property sold. It was noted that the old structure would not be demolished. Commissioner Knight moved, seconded by Commissioner McCleary to approve the request as submitted. MOTION CARRIED. GENERAL: Resolution opposing annexation of certain properties into the City of Sherwood City Engineer Whisker stated that the City of Sherwood is planning a 2,000-acre annexation near the Cato Elementary School area. He stated that the Jacksonville City Council has proposed 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. – 8:28 P.M. a resolution opposing annexation of the area that is located to the east of Bayou Meto. He noted that this area also represents the Jacksonville water boundary. He demonstrated on a map the AICUZ zone, adding that it is his understanding that the City of Jacksonville is responsible for that area. City Attorney Bamburg stated that the City of Jacksonville was granted exclusive jurisdiction to address issues under the AICUZ zone for planning purposes. The Planning Commission and City Council under State Statute were granted that authority, explaining that approval of any construction within that zone has to be approved by the Jacksonville Planning Commission. Chairman Stroud related that when the Air Base visited with the Planning Commission one of the issues mentioned was compliance with the AICUZ as a factor during considerations for base closures. Mr. Bond stated that he believes Jacksonville was the only city in the United States that has fully complied with AICUZ regulations. Commissioner Gray moved, seconded by Commissioner Brannen to read the Resolution opposing the annexation of certain properties into the City of Sherwood. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of the Resolution. Commissioner Gray moved, seconded by Commissioner Brannen to approve the Resolution as presented. MOTION CARRIED. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:28 p.m. Respectfully submitted, _________________________ Susan L. Davitt 13