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06 MAY 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on May 8, 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., Glen Keaton, Kevin McCleary, and Tom Evans 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, Tommy Dupree, Alderman Gary Fletcher, various petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner McCleary that the minutes of the 10 April 2006 Regular Planning Commission meeting, the minutes of the 24 April 2006 Special Planning Commission and the 2005 Annual Planning Commission Report be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of 517 Gregory Street from R-0 to R-3 Chairman Stroud opened the public hearing at approximately 7:02 p.m. Property owner, Mr. Joe Douglass of 6933 Waterview Place in Sherwood stated that he is requesting the rezoning the property located at 517 Gregory Street. He offered photographs to the Commission of properties recently constructed in Little Rock and North Little Rock as examples of the type of construction he proposes for the site at 517 Gregory Street. He offered that the photographs are indicative of the type of quality construction he chooses for his projects. He offered a brief history of the property, explaining that when he purchased the property in 1983 two of the houses on the property were occupied. He related that the property had not been properly maintained, which he attempted to correct. He related that in 1993 he was denied a request to rezone the property, so he continued to rent the houses located on the property. He stated that the homes are in bad condition so he chose not to rent the houses in hopes that the property would be deemed desirable for commercial development. He stated that there has not been any interest in commercial development, so he is asking the Commission to rezone the property so that he could develop four-plex units. He stated that each unit would be 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. approximately 11,000 square feet, adding that the footprint of the proposed development including one covered parking space per unit would occupy approximately 28% of the property. He noted that the Jacksonville Municipal Code allows for 50%. He stated that he feels the rezoning would create a nice buffer between the existing commercial property and the R-1 property. He added that approximately ¾ of the bordering property is commercial and the back of the property borders two duplexes. He explained that only a small 10’ corner of the property touches R-1 property. He related that he had visited with neighbors on Johnson Street, saying that everyone, except one person who was worried about the traffic, was in favor of seeing the old houses torn down. He added that a few of the residents did not even want to see the houses fixed and re-rented. He clarified that the request would be for four buildings with covered parking. He stated that the property is much larger than it appears, at almost an acre. Mrs. Pam Hall of 1808 N. Bailey stated that she has been a resident of that address for 27 years, adding that her daughter plans to build a home across the street from the proposed property. She stated that she is very much against the rezoning; adding that she feels the area should be left family friendly. She related that she does not see how sixteen apartments could fit onto the property. She stated that when she moved to the neighborhood, the property in front of her house was suppose to left as a green area. She explained that a storage hut was build for the Sizzler Restaurant, which they did not object to, but now there is also a baseball warehouse that has been constructed, which causes a constant thumping noise. She stated that if the proposed construction causes a problem for the neighborhood, they would not be able to do anything about it. She stated that she would like to see the area left as a family area, adding that with the school there does not need to be any further congestion. Chairman Stroud clarified that the baseball facility is a commercial venture and the proposed rezoning is an R-0 to an R-3, which is strictly residential. He added that the proposed development is not a commercial enterprise. With no one else to speak for or against the rezoning, Chairman Stroud closed the public hearing at approximately 7:11 p.m. City Engineer Whisker related that the area behind Shoney’s was rezoned to C-3 in the 1980’s with this area being R-0. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that the Code requires 1½ parking spaces per unit. It was resolved that the proposed development would have one covered parking space and one uncovered space per unit, meeting Code requirement. Commissioner Gray noted that the photographs only depict the design inspiration, questioning if the Planning Commission would have an opportunity to see the complete construction plans if the property is rezoned. City Engineer Whisker stated that if the land were unplatted as it is now, any site design would have to be presented to the Planning Commission. He than advised that if the land is later platted into lots then a building permit would be issued from his office as long as setback requirements were met. City Engineer Whisker concurred with Chairman Gray that if the property is rezoned but left unplatted the Commission would see a site plan but if the property were platted the Commission would then be able to review the bill of assurance. Commissioner Gray stated that the property currently detracts from the neighborhood, adding that the inspiration design would be very attractive to the neighborhood and community. He supported action that would allow for the destruction of the existing houses and added that he feels an R-3 zoning would be appropriate and beneficial. Commissioner Gray moved, seconded by Commissioner Brannen to recommend to the City Council the rezoning of 517 Gregory Street to R-3 as requested. Commissioner Brannen asked if the design would be the same as was submitted in the photographs. Mr. Douglass stated that he would not want to say that it is identical but is close to what he has in mind, something with a common entry through the front door. He stated that the building might have wider space windows, adding that the photographs are not to scale. He reiterated that there would be a common entry, adding that he feels it could be worked out where two of the units could be entered from the covered parking. He concluded by saying that his plans are similar to the photographs. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. Chairman Stroud noted that all the photographs had buildings with brick façade, questioning if the inference is that Mr. Douglass is committing to brick on the exterior for a more upscale development. Mr. Douglass stated that the development would be upscale, adding that it would be safe to say that the exterior would be brick or dryvit. He stated that the design would not have vinyl siding, but that he would prefer the hardy backer type siding. Chairman Stroud asked Mr. Douglass to reassure the Commission that the quality of construction he intends to use will be comparable to the photographs submitted for review. Mr. Douglass stated that the purpose of the photographs was to show the Commission the type of work he has done, adding the he likes quality, and that he feels it would be safe to say the construction would feature at least a brick front. He stated that if he is going to commit himself to eight or nine hundred thousand dollars it is going to have to be attractive in order for him to have renters at the rent he plans to charge. Chairman Stroud asked Mrs. Hall if what is being presented would be satisfactory being a residential not a commercial venture. Mrs. Hall responded that she does not feel that the neighborhood needs all the units being proposed. In response to a question posed by Commissioner Brannen, City Engineer Whisker stated that sidewalks are required for the development. At this time, MOTION CARRIED. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Hidden Meadows Item representative Mr. Tommy Bond stated that the property consists of a 40-acre tract, adding that he believes the only issue of concern is a street connection to the north of the property for the future use. He stated that following further discussions he believes most of the issues have now been worked out with the exception of a street connection on the lower southwest section, noting concerns for the steep grade in the southwest corner of the property. He related that the 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. development fits the surrounding development of Northlake Subdivision. He added that the lots are being proposed to transition from the smaller lots in some areas of Northlake into larger lots that are typically 90’ X 120’. He related that this would warrant larger homes. Commissioner Brannen questions if lots 29 and 30 would carry the “F” designation reserved for flood plain lots. Mr. Bond agreed that the lots are located in the flood plain but added that the developer intends to have the lots removed from the flood plain. He stated that he did not believe it would be an issue for City Engineer Whisker because this area is at the upper end of the flood plain. City Engineer Whisker demonstrated on the plat the location of Gravel Ridge and the Linwood Subdivision. He explained that Linwood Street goes up to Jacksonville Cut-Off Road with Elwood, Creekwood, and Lakewood leading off and dead-ending adjacent to the proposed Subdivision. He related that Elwood is planned to continue and connect and that he believes the developer has agreed to connect Creekwood into Timberwolf. He then related that Lakewood Street at the bottom (southwest corner) would line up with the new street Laura, adding that the developer plans to excavate the hill and move that dirt to the lots on the north end to bring them out of the flood plain, and leave Lakewood to dead end as it does now. He added that the street named Lindsay would continue straight to the north for future extension out to the Jacksonville Cut-Off. He then explained the location of the Bayou Meto to the planned StoneRidge park area, pointing out that all properties are beginning to connect in the western area. He noted that Jacksonville Water Utility and Jacksonville Sewer would serve the Subdivision and the developer has agreed to annex into the City. He then noted that with the new connector streets if old West Main floods, there would be an alternate route to Jacksonville Cut-Off without having to go through Sherwood. Commissioner Brannen moved, seconded by Commissioner Knight to approve the Sketch Plat of Hidden Meadows Subdivision with streets connecting as approved by City Engineer Whisker and lots being removed from the flood plain. MOTION CARRIED. b. RE-APPROVAL of PRELIMINARY PLAT Reed’s Heights Subdivision Item representative Mr. Bond updated the Commission regarding negotiations for the construction of Loop Road through the Water 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. Department property. He explained that as of last Friday the Water Department has agreed to donate the necessary property for that construction. He stated that the developer is willing to construct the entire road; in return, the Water Department will be donating the corner triangular piece of property to the Subdivision. City Engineer Whisker stated that the 3-acre and 7-acre piece of properties would require a final plat. He added that he believes all parties are in agreement, noting that the only outstanding item is the requirement of sidewalks along Loop Road where the houses back up to Loop Road. He clarified that Mr. Hosman would be constructing Loop Road extension from Military into Southeastern and the City will donate a 3-acre piece of property that would no longer be used by the Water Department. He noted that the property being donated is of less value than the road being constructed. He noted that the Master Sewer Plan is being updated to go all the way east to the County line and beyond, which will work in everyone’s benefit. Mr. Bond related that the only issue with the Sewer Department has been an easement, explaining that he is still trying to get the Sewer Department to build the sewer slightly further to the south, stating that he feels that would better serve future extension. He added that the developer has agreed to grant an easement across his property to the next property to the east, as requested by the Sewer Department. He then related that the Sewer Department would cover the cost difference between an 8” pipe proposed by the developer and a 12” desired by the Sewer Department. He noted that this type of negotiation is common with a number of subdivisions in Jacksonville. In response to a question posed by Chairman Stroud, Mr. Bond related that lots previously impacted by the flood plain have been eliminated. City Engineer Whisker noted that lots in the flood plain would not be developed until the County or the developer conducts a study that is approved by FEMA. Mr. Bond explained that the study is currently underway. City Engineer Whisker stated that his understanding is that the results from FEMA have been delayed because of efforts ongoing with Hurricane Katrina. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. Commissioner Keaton moved, seconded by Commissioner Evans to re- approve the Preliminary Plat of Reed’s Heights Subdivision as submitted. MOTION CARRIED. c. FINAL PLAT Graham Settlement Item representative Mr. Bond noted minor changes, explaining that the City has agreed that lots 37 & 38 would be modified so that the corner becomes a street right-of-way. He stated the weather has not permitted paving, adding that the developer would be submitting a bond payable to the City for $60,000 to cover the cost of paving, a drainage swell, and rebuilding of sidewalks. City Engineer Whisker agreed that a $60,000 bond would cover the cost of incomplete improvements. He explained extenuating circumstances regarding a previous erroneous bond submission, adding that he has every confidence that a corrected bond will be resubmitted first thing in the morning. He asked that the Commission make that a stipulating regarding any plat approval at this time as well as a bond for the internal sidewalks. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that both water and sewer have been approved. Commissioner Gray moved, seconded by Commissioner Keaton to recommend to the City Council the approval of the final plat of the Graham Settlement as presented, stipulating acceptable bonding for incomplete improvements. MOTION CARRIED. d. FINAL PLAT Northlake Subdivision PH XI Item representative Mr. Bond provided the Commission with a revised plat, explaining that the direction of the house was changed regarding lot 439. He stated that the as built plans for water and sewer have been transmitted to those Departments. City Engineer Whisker related that a crossing and concrete swell have been bonded for as well as sidewalks. He added that the Water and Sewer Departments have approved the plans. Chairman Stroud noted problems regarding fence construction and corner lots. Commissioner Knight moved, seconded by Commissioner Evans to recommend as revised the approval of the Final Plat of Northlake Subdivision PH XI to the City Council as submitted. MOTION CARRIED. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. e. REVISED PRELIMINARY PLAT Lost Creek Subdivision Item representative Duane Reel and developer Paul Fulmer related that the request is to eliminate one connecting street in the Lost Creek Subdivision that would go to the east. He noted that a street was added as requested by the Planning Commission during the preliminary plat submittal, adding that the street was changed but the right-of-way to the south end was not removed. He explained that because of the close proximity to two other streets converging on the area leading to General Samuels it is not felt that the street would be utilized. He added that removing the street easement would make it easier for the Lost Creek developers as well as the property developer to the east, to keep the street away from the intersection on General Samuels Road. He related that there is only approximately 150’ to the intersection. He then noted that the developer is willing to build the street around lot 8 or 9 as previously requested by the Planning Commission. City Engineer Whisker recounted that at the earlier meeting he had requested that the road be moved up, adding that it was Commissioner Dollar who suggested that another road be added to the center, which was how it was stated and passed in the motion. Commissioner Knight supported the request, saying that given the number of lots on the east side it is not an unreasonable request. In response to a question posed by Commissioner Brannen, City Engineer Whisker answered that the Fire Department would not have a problem regarding access on Lost Creek Drive. Commissioner Knight moved, seconded by Commissioner Gray to approve the Revised Preliminary Plat of Lost Creek Subdivision as submitted. In response to a question posed by Commissioner Brannen, City Engineer Whisker acknowledged that lots 18 through 32 border the creek, but are not in the flood plain. He clarified that the creek leads to the Base lake, and in order for the Base lake to keep its designation as a low hazard lake, a study was conducted through the Corp. of Engineers that said if the damn were to break the flood area would be as delineated on the plat. He stated that the delineation is to remain so that the Base damn retains its low hazard certification. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. – 7:51 P.M. Chairman Stroud noted that with prior plat approval those lots were granted the 25’ setback. At this time, MOTION CARRIED with Commissioner Keaton abstaining. BUILDING PERMITS: GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:51 p.m. Respectfully submitted, _________________________ Susan L. Davitt 9