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06 NOV 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. - 7:45 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on November 13, 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., Glen Keaton, Mike Traylor, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (2). One seat open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Alderman Bob Stroud, Brian Boroughs, Ben and Susan Rice, Jim Peacock, petitioners and press. Chairman Stroud announced that City Engineer Whisker would be leaving City employment as of December 1, 2006. All Commissioners joined Chairman Stroud in wishing him success in his new endeavors, expressing their support and pleasure in working with him during his tenure. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Evans moved, seconded by Commissioner Brannen that the minutes of 09 October 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING two lots on the northeast corner of the intersection of Military Road and South First Street R-1 to C-3 Chairman Stroud opened the public hearing at approximately 7:04 p.m. Mr. Tommy Bond related that the rezoning request from R-1 to C-3 is for two lots facing Military Road, adjacent to commercial property. He stated that the owners of the property do not have specific development plans at this time. He noted that there is commercial property across the street and that Pathfinders is also located across the street. He related that commercial is predominate in the area, adding that it would be logical for this property to be developed commercial. Chairman Stroud closed the public hearing at approximately 7:05 p.m. City Engineer Whisker stated that east of the proposed rezoning is a house and Jordan Acres is adjacent to the north of the property. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. - 7:45 P.M. Chairman Stroud noted that the property adjacent on the northeast corner has an older house and a duplex, noting the presence of single-family adjacent to the lots. He also noted that the property is adjacent to a single-family subdivision. City Engineer Whisker clarified that the property with the house and duplex is zoned C-3. He then noted that the property adjacent to the north and east of the two lots is zone R-1 for single-family. He reiterated that the property adjacent to the west has single-family dwellings but is actually zoned C-3. He then pointed out that Trickey Lane is south of the property. Discussion ensued regarding the amount of commercial versus residential in the vicinity of the proposed rezoning. Mr. Bond noted that the Land Use Map depicts the property on the southeast corner off Trickey Lane to also be commercial. It was noted that the Family Dollar Store is loated on the southwest corner of the intersection of Trickey and a child development center is located on the southeast corner. Chairman Stroud related that he had spoken with the homeowner to the east of the proposed rezoning, Mr. Matt Travis, who was opposed to the rezoning. He explained that since Mr. Travis takes night classes he was unable to make the Planning Commission meeting. He continued that the Planning Commission should not become an approval Commission but exercise forethought and good planning regarding infrastructure. He related that he felt the request to rezone this property from R-1 to C-3 is a greater infraction than the recent denial regarding the request to rezone property on Main Street, noting that this request comes in a less affluent neighborhood. He then stated that he is not sure how important it is to rezone the property if there is not any immediate development plans, adding that he does not believe the neighborhood would support the rezoning. Commissioner Gray pointed out that the property is adjacent to commercial property, questioning any possible development plans. Mr. Bond then noted that Jordan Acres was already adjacent to commercial property aside from the rezoning request, explaining that it only makes sense to continue the concept of commercial development in the area. Chairman Stroud questioned the possible plan or design that would require this property to be rezoned to commercial. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. - 7:45 P.M. Mr. Jim Peacock, joint owner of the property with Mr. Ted Camp, explained their future plans to develop as a gas station and commercial strip center. He noted that the property would be a continuation of existing commercial property. He related that the property zoned C-3 with the house and duplex would be demolished and added to this property for the entire commercial development. Commissioner Gray moved, seconded by Commissioner Keaton to approve the request to rezone the property from R-1 to C-3 with conforming changes to the Land Use Map as necessary. MOTION CARRIED. b. CONDITIONAL USE R-3 in C-1 zone property legally described as Lot 2, Blk. 4, Harpole Addition and Lot 1, Blk. 1, Harry & N.E. Harpole Addition Chairman Stroud opened the public hearing at approximately 7:18 p.m. Property owner, Mr. Ben Rice stated that City Engineer Whisker had informed him that the property could accommodate 17 units, explaining plans to construct four four-plexes that would consist of 16 units. He stated that he believes removing the existing houses and constructing the four-plexes would improve the aesthetics of the neighborhood. City Engineer Whisker related that the property is located on the southwest corner of Brewer and North First Streets. He stated that Mr. Rice has also submitted a replat of the property, which could be administratively approved if the conditional use is granted. He asked that any approval of the conditional use stipulate approval of the replat. Commissioner Gray questioned if the owner had plans to also develop the property located south of the proposed conditional use. Mr. Rice answered that he did not own the property. He then answered that while he does not have a contract in force to build the four-plexes, he hopes to build them with all brick fronts similar to the photograph submitted to the Planning Commission that featured four-plexes of at least ¾ brick. It was the general consensus of the Planning Commission that new construction would improve the aesthetics of the neighborhood. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. - 7:45 P.M. Chairman Stroud closed the public hearing at approximately 7:21 p.m. Commissioner Brannen moved, seconded by Commissioner Gray to approve the conditional use of R-3 in a C-1 zone for property legally described as Lot 1, Block 1, N.E. & Harry Harpole Addition and Lot 2, Block 4, Harry Harpole as requested. MOTION CARRIED. c. Amending the Jacksonville Municipal Code zoning setbacks Chairman Stroud opened the public hearing at approximately 7:25 p.m. City Engineer Whisker stated that previous discussion has encompassed changing the setbacks for all zonings to a 25’ setback. He then noted that corner residential and commercial lots would carry a 25’ setback for both street sides. Chairman Stroud closed the public hearing at approximately 7:26 p.m. Commissioner Gray moved, seconded by Commissioner Traylor to recommend an Ordinance to the City Council that would amend the setbacks in all zonings to 25’, stipulating corner lots to carry a 25’ setback for both street fronts. MOTION CARRIED with Commissioner Brannen voting NAY. REQUEST TO APPROVE PLATS: a. FINAL PLAT Ramada Inn Mr. Bond pointed out that platting for the Ramada Inn has been an ongoing issue, explaining that the new owner of Howard Johnson wants to separate from the rear building and make two parcels. City Engineer Whisker reiterated previous concerns, reminding the Planning Commission that the two buildings share water and sewer utility lines. He stated that the Health Department requires separate lines and connections in order for the lots to be separated. He advised the Planning Commission against approving the final plat of the property until water and sewer issues are resolved. Commissioner Gray pointed out that current ownership of both parcels is common, suggesting that the sewer and water lines could be left as is until such time as common ownership of both parcels might change to separate owners. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. - 7:45 P.M. City Engineer Whisker stated that if one parcel were to come under separate ownership there would not be any vehicle by which to notify his office of that change prior to the sell. He then noted that water and sewer are available from Crestview Drive regarding new connections for the rear building. He stated that in order to separate plat the rear building from the front building they would need to provide separate connections. Commissioner Gray offered that as an alert the final platting of the parcels could be recorded on the plat that the sell to separate ownership would require separated water and sewer lines that are now common to both parcels. City Engineer Whisker stated that he feels this might create a possible problem at some point in the future. He stated that he feels it would be prudent to address the problem on the front end. City Attorney Bamburg offered to research and provide clarification regarding common lot lines and shared utilities. He noted that shared utilities create a conflict with current Ordinances and State Statutes. He asked that the Commission table final platting the property until the next regularly scheduled Planning Commission meeting pending his review. Mr. Bond stated that changing the service lines might not be a problem, noting that it is a matter of money. He related that utility bills for the rear building would be minimum. Commissioner Brannen moved, seconded by Commissioner Gray to table the Final Plat of the Ramada Inn until the next regularly scheduled Planning Commission meeting in December. MOTION CARRIED. b. SKETCH PLAT Clover Ridge PH IV Mr. Bond related that the name for the plat may change, noting the many previous phases of the Clover Ridge Subdivision. He related that the property is adjacent to the Homer Adkins Pre-K School and consists of approximately 30 plus acres. He stated that due to the topography an improvement district would be created to address sewer issues regarding low-pressure grinder pumps. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. - 7:45 P.M. City Engineer Whisker noted that there are some flood plain issues, adding that because of the nature of the sewer system he feels it would be prudent if the developer received approval from the Sewer Commission prior to being approved by the Planning Commission. Mr. Bond stated that the development plans had been forwarded to the Sewer Commission. Discussion ensued regarding the lots located in the flood plain, Mr. Bond noted that there are approximately eight lots located in the flood plain that will be filled and removed from the flood plain. City Engineer Whisker stated that he has recommended that the developer construct a sidewalk between lots 8 and 9 to make the playground area to Homer Adkins accessible. Mr. Bond stated that the developer would be agreeable. Commissioner Brannen moved, seconded by Commissioner Evans to approve the Sketch Plat as submitted subject to approval by the Sewer Commission. MOTION CARRIED. c. FINAL PLAT Jaxon Terrace Subdivision Mr. Bond stated that the only issue remaining is the construction of a sidewalk, which is proposed to be built. He stated that rather than a turnaround at the end, Mr. Jones is planning to continue the street and tying it in. He requested a 25’ setback. City Engineer Whisker stated that he would expect a bond to be posted for the sidewalk if it is not completed in the next two weeks, making mention of the proposed rock culdesac and closing documents from the Water and Sewer Commissions. Discussion ensued regarding the approval by the Planning Commission for 25’ setbacks and the request to make this Subdivision a 25’ setback. Commissioner Brannen noted that all other lots in the area have 35’ setbacks, adding that he is not sure the 25’ setback would look right and could possibly detract from the property values. Mr. Bond related that the two houses on the corner have 15’ setbacks, explaining that even if the houses were setback at 25’ they would still be setback further than the two existing houses. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. - 7:45 P.M. In response to a question posed by Chairman Stroud, Mr. Bond stated that a temporary turnaround would be constructed at that the end of the street, but added that Mr. Jones is considering running the street through to connect with Knight Street. It was noted that there would not be any houses built on that portion of the street connecting to Knight Street because sewer is not gravitied for that area. Discussion ensued regarding area flooding, City Engineer Whisker stated that he could not speak on behalf of the Wastewater Department, but added that approximately 5 million dollars was reserved on loan to address area sewer issues. Mr. Bond pointed out that a new line in front of the Assembly of God Church is being rebuilt, which connects the entire area. City Engineer Whisker stated that the Wastewater Department is working very diligently to rebuild all area lines and fix the manholes. He then offered that if the development is continued the other half of the block would be on a 25’ setback. Discussion ensued regarding the one house that might be affected by a 25’ setback. Mr. Bond added that Mr. Jones feels very strongly about the 25’ setback and would be willing to wait one month in order to have the 25’ setback approved. Commissioner Brannen moved to approve the Final Plat of Jaxon Terrace Subdivision as submitted with 35’ setbacks. MOTION DIES FOR LACK OF A SECOND. Mr. Bond offered that a compromise might be to transition from the next lot to 30’ and then to 25’ setbacks. Commissioner Gray requested clarification regarding the turnaround, noting that it needs to be in place prior to the beginning of construction. Mr. Bond answered that the turnaround is being proposed as a temporary gravel turnaround. Commissioner Gray moved, seconded by Commissioner Brannen to accept the Final Plat of Jaxon Terrace Subdivision with 25’ setbacks on all lots except lot 2, which would carry a 30’ setback for transition, completion of the turnaround, completion of sidewalks or a sidewalk bond and stipulating approval from Water and Sewer prior to being presented to the City Council. MOTION CARRIED. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. - 7:45 P.M. d. FINAL PLAT Lot 1 & 2, Knight Addition Removed from the agenda per petitioner. BUILDING PERMITS: GENERAL: Chairman Stroud reiterated his pleasure in working with City Engineer Whisker. City Engineer Whisker pointed out that copies of the Land Use Plan have been distributed to the Commission, noting that the flood plain has been removed. He asked the Commissioners to review the map for changes. City Engineer Whisker expressed his appreciation to the Planning Commission, saying that he has enjoyed his tenure with the City of Jacksonville. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:45 p.m. Respectfully submitted, _________________________ Susan L. Davitt 8