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06 SEP 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on September 11, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Emma Knight, 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, Tim McClurg, Chamber of Commerce Director Bonita Rownd, Jim Peacock, Mike Wilson, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Traylor moved, seconded by Commissioner Keaton that the minutes of 14 August 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 opened the public hearing at approximately 7:05 p.m. Chairman Stroud asked that comments be held to new discovery instead of rehashing arguments debated at the previous public hearing when the request to rezone to R-3 was presented. He reviewed individuals’ comments as recorded in the minutes from the June meeting. Mr. Tommy Bond reviewed that in June the request to rezone to R-3 for apartments was denied, adding since that time the proposed development plan has been changed to accommodate the development of townhouses (R-4). He explained that the developer is proposing to build 35 townhouses, adding that the fill area has substantially been reduced by approximately 50%. He stated that the development has now been planned to back up to the existing new sewer easement constructed approximately three years ago. He went on to say that there would be 25 R-0 single-family lots and 35 R-4 townhouse zero-lot line lots. He stated that the proposed construction location of the extension of Main Street is mandated by the Master Street Plan, explaining that the developer would be responsible for building half of the street up to the main channel of the ditch. He stated that he felt further extension of the street would not be anytime soon given the need for construction of a substantial bridge to continue the street. He 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. added that construction for Emma Street is further being mandated by the City Master Street Plan, explaining that the developer would be responsible for 25’ of that street. He stated that both streets would be 22’ streets from the centerline to back of curb. Mr. Michael Martello of 814 Christy Cove stated that it does not matter if the development is called townhouses, complexes, or condominiums there is not a lot of difference other than the ownership aspect. He stated that it still comes down to the high-density housing, which is very different from the present zoning. He noted that R-0 is for single-family housing with a minimum square footage and a lot size of 70’ X 120’ that equals 8600 square feet, adding that zero lot line is R-4 with a minimum lot size of 20’ X 80’ equaling 1600 square feet. He stated that R-4 lots are less than 1/5 the size of what it is presently zoned. He stated that the plan as of last month called for 32 townhouses that were going to be constructed on 2.88 acres, which is less than a tenth of an acre per lot or per townhouse including streets and easements. He stated that this is compared to the adjoining Western Hills that has 61 lots on 20 acres. He questioned what would stop the developer from selling multiple townhouses to one person and then being offered as rental property. He cited an example of this in downtown North Little Rock where townhouses were built and then turned into apartments. He then questioned if an environmental impact statement has been conducted on the property, adding that the proposed development is adjacent to wetlands. He further questioned if there is an area or green space for children to play. He stated that the development is planned in an area with a dangerous “S” curve, adding that he is not aware of where a bus stop could be located, saying that it is obvious that a bus cannot go into a townhouse area. He stated that all the residents of Spring Hill, Western Hills, Bushwood, Fair Oaks and Pennpointe invested in good faith that the Planning Commission would not take any type of action that would devalue their investments. He stated that the most important fact is that the development is in contrast to the Master Plan for the City of Jacksonville. He asked that before the Commission votes, they consider if they would want this type of development to be built in their residential area. Chairman Stroud stated that the petition of 180 signatures opposing the development as submitted for the previous meeting has been forwarded to this request. He then reviewed the points made by Mr. Martello. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. Mrs. Ruby Sucka stated that she felt the property should remain R-0 for single-family. She stated concerns for the road being constructed on her property. She then offered the history of her property going back to the war, saying that their property is precious to them and they want it to remain as is without a road. She added that she wants single-family homes for the adjoining property. Mr. Bill Smith questioned if City Attorney Bamburg had presented a statement for the Commission. He then added that he has contacted the Corp. of Engineers, explaining that he was informed that the property is part of the Bayou Meto flood plain and is a wetland. He continued that the Corp. has stated that they have not been contacted by the developer or anyone from Jacksonville. He stated that he would like clarification from City Attorney Bamburg regarding the law dealing with the rezoning being denied and resubmitted prior to one year. City Attorney Bamburg stated that there is a City ordinance that provides that if a request is made and is denied that it cannot be resubmitted as requested for one year; adding that the ordinance also provides an opportunity for the developer or property owner to amend the request. He explained that if the request is amended to less than 50% of the original request and the zoning request is changed then it is allowable as a separate request to the Commission. He noted that part of the problem with the request from the previous meeting were mistakes in the legal description, which caused mistakes with the advertising, adding that in that circumstance the City can not allow a public hearing to be held. He stated that corrections were made and resubmitted for review by the Planning Commission, including a change in the nature of the request of zoning and a reduction in the nature of acreage involved. In response to a question posed by Mr. Smith, City Attorney Bamburg stated that the ordinance had been part of the codified code since 1969. Mr. Paul Garrett of 3714 Christy Lane noted that at the first public hearing there was some discussion regarding the improvements for West Main Street, recalling that City Engineer Whisker had explained that the project would follow in order behind other projects that have not been started. He questioned if there had been any action by the City to expedite the process for West Main Street that might change the grounds this was denied for the first time. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. Chairman Stroud clarified that the first request for rezoning did not directly have to do with the future plans for West Main Street. He stated that because the rezoning request was denied a preliminary plat regarding plans for road improvements was not conclusively discussed. He noted that any discussion regarding West Main Street improvements were incidental to the rezoning request. Mr. Garrett stated that while it may not have been a part of the rezoning request, it seems as an audience member, to have been part of the reasoning it was denied. Mr. Charles Long of 55 Del Tara, a resident of that address for 28 years, questioned if the Commission was aware of how the area floods. He stated that the water is usually 3 or 4’ deep and at times has risen over Main Street by at least 1’. He asked what would happen to the displaced water if the area is filled for development. He noted that there is 8 or 10 sewer lines running through the property, adding that the tops of the manhole covers are usually under water by almost 2’ when the area floods. Mr. Joe Hennington of 216 Western Hills stated that after being a paramedic in Little Rock for fifteen years he moved to Jacksonville, a quieter place, to raise his family. He added that he wants his children to grow up in a regular neighborhood with homes, saying that if he had wanted to live in an apartment he could have done that, adding that he does not want to live next to apartments or condominiums. He stated that he purchased the property and built a home in Western Hills because he had been told that the adjacent property would not develop. Chairman Stroud stated that the previous rezoning was for apartments, citing the Code to address R-3 as being designed to provide for areas already developed with high-density, multi- family site built dwellings and areas where similar development appear desirable. He stated that the Commission rightfully turned down the proposal to have the property developed as R-3, adding that townhouses are a completely different concept than apartments. He stated that townhouses are single-family developments with zero lot-lines. He clarified that the difference between townhouses and apartments. Mr. Chet Schirmer of 804 Christy Cove stated that the City has a Master Plan, which has been revisited several times over the last 15 years, adding that it is a good plan. He stated that because 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. a developer comes in and wants to do something different does not necessarily mean the City has to “bend over backward” to help them out. He stated that Bushwood and the other area subdivisions were developed according to the City’s Master Plan, adding that he feels that the Master Plan should be reinforced. He stated that if it is felt there needs to be a change, then the Master Plan should be readdressed overall and not just for this area. Mr. Tommy Bond stated that he wanted to address questions raised, saying the proposal is for single-family, adding that the developer has no intention of building the townhouses for rental. He stated that they would be sold to individuals, pointing out that the townhouses are proposed to be 1200 square foot homes. He stated that the appeal of townhouses to a number of buyers is that the maintenance is taken care of by the association of the townhouses, saying that this appeals to retired people probably more so than young families or young people. He stated that he did contact the Corp. of Engineers in Vicksburg concerning the wetland issue, adding that FTN has been retained to perform a wetland study which they are currently in the process of doing. He stated that there are wetland issues that would require a 404 permit, explaining that it would be dealt with, adding that it is a long drawn-out process. He stated that they cannot obtain a 404 permit from the Federal Government without a development plan. He stated that while the developer would prefer not to build the extension of Main Street it is a City mandate, adding that they are not building any part of the Street on anyone else’s property. He stated that the same would hold true for Emma Street, saying that all street construction would be strictly on the proposed property. He related that the retention basin is designed to have offsetting volume, explaining that the volume being filled will be equal. He stated that there would be no net change in the water levels. Mrs. Bonita Rownd of 600 Brewer Street stated that she is the Economic Developer for the City of Jacksonville and Chamber of Commerce CEO, saying that Jacksonville is experiencing growth and we need to make sure that the growth is not hindered. She related that some developers have shied away from Jacksonville because of the stiffening of rules, choosing instead to develop outside of Jacksonville. She stated that in order to attract commercial development; Jacksonville needs to have upscale housing. She stated that Jacksonville needs homes for retirees, saying that on a daily basis she receives request for retirement 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. housing regarding condominiums. She stated that she can understand anyone not wanting something unattractive adjacent to their subdivision, but added that the plans for this development are attractive. She stated that anyone would be proud to live there, especially people looking to downsize. She related that Jacksonville does not offer such housing, adding that there are no patio homes, condominiums, or zero lot-line homes. Mr. Tim McClurg developer of the proposed development stated that 1200 square foot is the minimum, explaining that he is hoping to be more into the 1600 square foot range. He stated that he is building 25 homes next to the townhouse development, explaining that he would not build something that would hurt the sell of those homes or anyone’s property values. He stated that he has never done that or had a problem with that issue. He pointed out that Main Street has a diverse amount of businesses and homes, adding that he feels this development would be good for Main Street. Mr. Bob Stroud of 4509 Pennpointe, speaking as a citizen of Jacksonville, stated that sometimes you have to standup for what is good for the City. He stated that Jacksonville is on the verge of exceptional growth, adding that west will grow and there will be more traffic. He related that traffic would have to be addressed as that happens, explaining that it must be done through smart growth. He stated that the proposal is not for apartments, saying that no one has fought against apartments more than he has. He related that the percentage of rental property in Jacksonville is not good; saying that in his opinion Jacksonville does not need any more apartments. He stated that Jacksonville does need townhouses, relating the need and request from the elderly for townhouses. He stated that he is aware of elderly persons from his church who have left Jacksonville to obtain housing where mowing and maintenance are provided. He stated that Jacksonville needs smart growth, saying that he feels the development would be good for Jacksonville. Mrs. Judy Tomlin of 3717 Christy Lane stated that personally as a former realtor she is able to say that you have to be very careful with what is in an area because of property values. She stated that if there are not homes similar in square footage then property values would not hold. She asked the Commission to think about that, she stated that the higher the square footage the higher the tax base. She related that 1200 square foot is not near what Western Hill homes are, adding that property values do go down when development is not kept in order with everything else around it. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. Chairman Stroud closed the public hearing at approximately 7:36 p.m. City Engineer Whisker offered that both sides of the issue have been articulate. He then explained that when the first rezoning request was denied he believed the feeling was that there should be a buffer between any sort of more condensed housing adjacent to Western Hills, which is what the developer has proposed. He stated that the Planning Commission approved the concept plan of that design approximately two months ago. He noted that the townhouses have been moved from the west side of the West Interceptor to the east side because of fill and drainage issues. Commissioner Knight stated that she had received comments from some of the residents requesting that the issue be tabled until more residents could be notified of the development plan, adding that with the number present and the varied comments she is not compelled to make that motion. She stated that she is very much in favor of townhouses, adding that Jacksonville needs them desperately and if done as townhouses they would not devalue any property. She then stated that she is very much against townhouses in this particular area, because of the density and the issues with water and drainage. In response to a question posed by Commissioner Evans, Mr. Bond stated that some of the lots are 25’ X 120’ or 2500 square feet, which is substantially larger than the minimum required by ordinance. He then answered that the person conducting the wetland study reassured him that it should not be a problem to obtain a 404 permit for the proposed development. He stated that while that is not a guarantee it provides a comfort level to where the developer is willing to proceed with the submittals required, adding that he feels it will take an estimated 5 to 6 months or longer. Commissioner Evans questioned City Engineer Whisker as to his thoughts on the wetland issue. City Engineer Whisker stated that the wetlands is controlled by the Corp. of Engineers regarding the 404 permit, saying that it is a one to one basis if on your own property and a three to one basis if it is off the property. Mr. Bond stated it is felt that requirements could be met with the retention pond to obtain a 404 permit. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. In response to a comment from Chairman Stroud, Mr. Bond stated that the retention pond is being proposed as a lake, which will have water continuously. He stated that the lake area would be where fill is taken from for the rest of the development. He stated that the retention pond would be developed as a water feature. In response to a question from Commissioner Knight, Mr. Bond noted that a triangular piece on the plan would be a wetland issue and planted with flora and fauna as identified with a wetlands to satisfy the Corp. of Engineers. He then answered that there is an area planned as an open area for children to play. Commissioner Gray clarified issues regarding the Land Use Map, noting that the area is depicted as residential, explaining that the current issue is the zoning not the Land Use Map. He stated that the Planning Commission must decide if there is to be a change in zoning that would affect the density. He stated that counting the R-0 homes and the R-4 townhouses there are 60 lots proposed. He questioned the density of the original request for apartments. Mr. Bond stated that the original request for apartment rezoning was planned for 250 apartment units. Commissioner Gray noted that the density factor has changed from 250 to 60 families. He then requested clarification regarding the current traffic if the development is allowed to proceed. City Engineer Whisker stated that Emma Street will run north and south all the way up and down Main Street completely east and west, adding that would be at the time when Main Street then connects back to itself at the pump station near Jessica Court in Fair Oaks PH II. He then explained that at the time of the completion of the streets as shown on the plat, the proposed streets would be considered residential side streets. In response to a question from Commissioner Gray, it was stated that there are approximately 32 lots in the Bushwood Subdivision. It was then noted that Main Street would function as it does now, and City Engineer Whisker concurred that there are no current plans for signage or traffic signals. In response to a question from Commissioner Keaton regarding the time frame for the Main Street reconstruction, City Engineer 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. Whisker related that the City’s plan is to begin with the widening of Graham Road from Loop Road to Oak Street, which is slated for 2008 and 2009 through Metroplan. He then stated that the next project on the list is to upgrade the intersections at Main/Bailey and Main/James followed by improvements for Redmond Road to Harris Road to four-lane Main Street using Metroplan funds. He stated that developers do develop the Master Street Plan when developing their own property, explaining that the City would require development of Main Street on that portion of the property being developed but not on anyone else’s property. In response to a question posed by Commissioner Gray, Mr. Bond answered that Tract “A” is part of the property but is not part of the development. Mr. Bond stated that the property currently does not lend itself as a residential lot but may in the future. Chairman Stroud stated that the City has needed upscale townhouses and he feels this development meets that need. He noted that it is close to the Air Base and a lot of military do retire in Jacksonville. He then stated that he feels the water feature would be aesthetically pleasing for the area plus being a useful tool. Commissioner Knight stated that she likes the plan and the idea, saying that Jacksonville does need townhouses but not in this location. Commissioner Knight moved, seconded by Commissioner Evans to deny the request to rezone 2.75 acres from R-0 to R-4. MOTION CARRIED with Commissioner Keaton voting NAY. As requested by Commissioner Knight, Chairman Stroud clarified for the audience that the proposal to rezone as presented could not return before the Planning Commission for one year. b. REZONING & LAND USE AMENDMENT Swift Drive & General Samuels from M-2 to R-3 Chairman Stroud opened the public hearing at approximately 7:56 p.m. Mr. Tommy Bond informed the Commission that the property consists of an 11-acre tract located adjacent to the water tank on Marshall Road between Swift Street extended and General Samuels. Mr. Mike Wilson introduced himself, relating that he serves on the Jacksonville Chamber of Commerce Foundation, which acts as 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. an agent in this matter for the City, explaining that the City owns the property. He related that this property is part of the transfer to the City by Pulaski Industrial Parks some years ago, adding that the City has held this property for years and years hoping for industrial development. He stated that the charge of the Foundation is to assist the City in developing its property to create jobs for economic development in the City. He related that a proposal was presented to the Chamber of Commerce Foundation, the Mayor and other City officials for the development of the property as apartments. He stated that the proposal was discussed and agonized at great length over whether to sell the property being held for industrial development or allow it to be developed as residential. He stated that it was concluded that the development business in Jacksonville is in fact an industry too and while it was hoped for manufacturing type business or lots of job growth it is difficult to obtain. He stated that it was concluded that the proposal to purchase the property from the City and build apartments was a good idea. He reiterated that it was not without a great deal of thought and consideration that the Chamber of Commerce Foundation makes this recommendation. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 8:02 p.m. City Engineer Whisker stated that the biggest obstacle would be the Land Use Plan, explaining that the property is industrial so the rezoning would have to include a change in the Land Use Plan for this area. He stated that just recently the City helped improve the area to try and attract industry. In response to a question posed by Commissioner Gray, City Engineer Whisker related that the property is part of the Jacksonville Commerce Corporation. Commissioner Gray noted that the area is part of the industrial property and has been zoned M-2 for manufacturing; stating that the land has been vacant for a long time without being used. He related that it is a desirable location probably for some commercial development, which the City has invested in for commercial/industrial development. He continued that in the Land Use there are incompatible zones, saying that the permitted uses under manufacturing allows for some conditional uses as considered in commercial but it does not allow for conditional uses that are residential. He stated that the land around the property, although it has been developed as commercial, citing 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. Swift Drive and the property that fronts Marshall Road are still shown as manufacturing on the Land Use Plan. He stated that this land would be spot zoned as residential in the middle of a manufactured area. He stated that he feels the proposal is incompatible; citing a major developer a few years ago that had the 11-acre site at the corner of Redmond Road and General Samuels and wanted to develop apartments as well as a commercial area including a convenience store with gas. He noted that it was denied at the time, adding that there were several members of the audience that were against the proposal but that to his mind it was denied because it was a residential use in a manufacturing zone, which is not allowed by ordinance. He stated that it is his belief that if the Community in an effort to bring industry has now classified building as an industry, that it may be time to reevaluate the Land Use Plan for manufacturing and especially as it relates to commercial and residential. He noted that the property is adjacent to another 30 to 40 acres, saying that if residential development is good for this property it might be good for the additional 30 to 40 acres. He stated that if the request were pulled and the Commission given an opportunity to reevaluated the Land Use Plan for the entire City, then this plan as well as other considerations could satisfy what the future holds for Jacksonville. He stated that land use is classified as Agricultural, Manufacturing, Commercial, and Residential; which is designed for the vision held by the Community as to how it will develop. He related that most land use does not envision a hole in the zoning for a use that is not compatible with that around it. He stated that the property might be great for residential but it would not be as great if the surrounding property were to have a use compatible with manufacturing as it is currently zoned around it. He related that it is not proper for the Planning Commission to go this far regarding residential in manufacturing, adding that he would recommend, that while the idea is not bad, it is bad at this place until or unless we change the Land Use and we should not do that in a spot zoning or spot method. Commissioner Knight agreed, saying that she would agree that manufacturing, industrial, commercial, and residential can fit together, adding that she feels this particular type of housing could serve as a buffer. She related that this is the type of housing needed in order to bring commercial and manufacturing ventures to Jacksonville. She stated that she agrees that the Land Use Map needs to be reevaluated; adding that she feels the proposed plan is a good plan for the area. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. Commissioner Gray moved, seconded by Commissioner Evans to deny the request to rezone property located at Swift Drive & General Samuels from M-2 to R-3. Mr. Wilson stated that if the Commission feels as strongly as indicated, it does not make any sense to tie the property up for one year. He asked permission to withdraw the item pending further land use planning. He stated that it would be a perfect opportunity to open the door for more economic growth through real estate development. Commissioner Gray withdrew his motion and Commission Evans withdrew his second to the motion. Petitioner withdrew item. c. AMENDING Jacksonville Municipal Code Zoning Setbacks Chairman Stroud opened the public hearing at approximately 8:14 p.m. Mr. Bond stated that this has been a repeated issue that he has asked the Planning Commission to consider. He stated that for him it is a competitive issue regarding surrounding towns, adding that it makes the houses more affordable. Commissioner Knight noted that it would also benefit the living- in space of houses, adding that houses in the $200,000 range do not have to have huge front yards. She noted that families are using their back yards where the space is more appreciated. Mr. Bond stated that part of the issue could be a security issue, saying that homebuyers want more room in the rear yard. He stated that it makes the back yard more secure for family events. Mr. Jack Wilson of 820 Timberwolf Trail stated that he is a 30- year member of the Jacksonville community. He stated that he has watched the Jacksonville community develop and has anguished over some of the development. He stated that being in the industry he has had the opportunity to work with many different cities, communities, planning commissions, and city councils; adding that he has been able to see the various thoughts of other communities. He stated that he would be less than honest if he said that Jacksonville has done a stellar job of promoting the Community. He noted reasons that the Jacksonville Community has not always had the opportunity to produce. He stated that Jacksonville needs the support of homebuyers, saying that some 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. change can be good. He added that he does not feel that the Jacksonville Community can afford to be without homebuyers who want townhouses. He stated that he receives request on a monthly basis from a group of elderly ladies who are looking for affordable developments where they can feel secure. He related that the developers have not been able to provide this. He stated that the 35’ setback effectually acts as an impact fee, noting the higher cost with less security for the rear yard. He urged the need for Jacksonville to be competitive. Mr. Mark Wilson of #17 Foxwood Drive stated that he is speaking on behalf of the Chamber of Commerce Board of Directors as a Board member. He stated that he is also speaking for Mr. John Ferrell Chairman and CEO Bonita Rownd. He presented a copy of a resolution passed by the Board supporting a change from 35’ setbacks to 25’ setbacks dated August 17, 2006. Mr. Gary Fletcher of 101 Fair Oaks stated his support for changing the setbacks. He mentioned that many lots are of an irregular shape, adding that current market trends support a four-bedroom home. He stated that with the market demand being for larger homes and land being at a premium it is time to change the setbacks. Mr. Bob Stroud stated that given the competition factor, he feels that it would be better for the City of Jacksonville. He further stated his support for larger homes in the City but cited fears that some developers might not use the benefit of the shorter setback to build a larger home. He suggested that the setback be granted to houses of a certain square footage. Mr. Jack Wilson stated that if the Commission does recommend changing the front yard setback, he would also like to see the Commission recommend a change regarding the 15’ setback. He stated that he feels it is a safety issue for children regarding the corner 15’ sideyard setback and driveway construction. He recommended that the 15’ setback be increased to 25’, saying that generally the rule is that the smaller setback of 5’ be reserved for the rear and one side. Chairman Stroud closed the public hearing at approximately 8:29 p.m. City Engineer Whisker noted that the change would bring conformity with the surrounding areas, noting that corner lots carry a 25’ for front and 25’ for side. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. Commissioner Keaton stated that his perspective would be that of a homeowner with two children, saying that for safety and security he feels the home would need to be moved away from the street, adding that this would hopefully get some of the cars off the street and into driveways. He related the practice by children to play on their bikes in driveways, adding that he is not sure that a building setback is keeping Jacksonville from being able to promote itself. He stated that personally he likes the appearance of a larger front yard. Commissioner Gray noted that historically a 35’ setback was established when many houses were being developed with single driveways, which allowed two vehicles to be parked end to end. He stated that today there are double drives that provide for the parking of two cars well off the street even with the 25’ setback. He then introduced considerations for changing the setback for all zones to 25’, noting that C-3 commercial has a 50’ setback, questioning if that is a requirement from the Highway Department. City Engineer Whisker recalled past discussions with Metroplan, saying that his feeling is that the 50’ setback was to provide for the heavier commercial buildings being setback further with the parking lot being in the front. He stated that it was the opposite with C-4, saying that the business is in the front with the heavy machinery to the rear. Commissioner Gray then noted that M-1 is 70’ and M-2 is 25’. City Engineer Whisker stated that it is the same with the landscaping in the front with parking for customers to come in and meet with the industry and the industry parking is in the rear with the operations. Commissioner Gray noted that with larger developments it could be addressed when the plat is submitted. It was then noted that the City of Jacksonville does not feature any agricultural areas. Commissioner Gray moved, seconded by Commissioner Knight to recommend to the City Council that all zonings within the City of Jacksonville be changed to a 25’ front yard setback and residential corner lots carry a 25’ front yard setback and a 25’ side yard setback. Mr. Bond added that while he does not disagree with the safety issue regarding residential corner lots, there are some lots 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. being proposed in plats for consideration later in the meeting that carry a 15’ sideyard setback. He offered that if there is not a driveway on the 15’ setback side then it could carry a 15’ setback versus a 25’ setback. He noted that there are some lots where it would be difficult to accommodate a 25’ setback. At this time, MOTION CARRIED with Commissioner Keaton voting NAY. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Woodside Subdivision Petitioner withdrew submission of plat. b. FINAL PLAT StoneRidge Subdivision PH I Mr. Bond stated that all letters of approval from the various utilities have been submitted and sidewalks are in the process of being constructed. City Engineer Whisker concurred, noting a small area of sidewalk near lot 44 that would need to be completed. Commissioner Gray moved, seconded by Commissioner Knight to recommend acceptance of the Final Plat of StoneRidge Subdivision to the City Council contingent upon sidewalk completion. MOTION CARRIED. c. FINAL PLAT Tract “A” Jacksonville Shopping Center Mr. Bond presented a slight modification regarding the access easement being changed from 30’ to 20’. City Engineer Whisker noted that both water and sewer exist on the property, explaining that the property abuts an existing entrance to the area with an easement to the property. He stated that the only request would be that the developer furnish a bond for the sidewalks or complete the construction of the sidewalks before going to the City Council. In response to a question posed by Commissioner Gray, Mr. Bond stated that the property consists of approx ¾ acre equaling 30,000 plus square feet. Commissioner Knight moved, seconded by Commissioner Gray to recommend acceptance of the Final Plat of Tract “A” Jacksonville Shopping Center to the City Council, stipulating a bond for the sidewalks or completion of sidewalks. MOTION CARRIED. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. – 8:46 P.M. d. FINAL PLAT Valley Ridge Estates/Pulaski County Mr. Basil Shoptaw of Thomas Engineering Company stated that the subdivision has been completed. City Engineer Whisker related that the subdivision is located in Pulaski County, adding that the County Board has passed the final plat with stipulations. He stated that those stipulations have been met and the plat has been signed off. He then noted that the subdivision is located within the AICUZ zone and the bill of assurance stipulates assurances that the subdivision will meet all Jacksonville Municipal Codes because it is in the AICUZ zone. Commissioner Gray moved, seconded by Commissioner Knight to recommend acceptance of the Final Plat of Valley Ridge Estates to the City Council. MOTION CARRIED. Commissioner Gray requested on behalf of the Commission, because of lengthy discussions involving the Land Use Plan, that meetings with Metroplan be scheduled outside the regularly scheduled Planning Commission meetings to perform a complete review of the Land Use Plan followed by a Planning Commission public hearing. BUILDING PERMITS: GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:46 p.m. Respectfully submitted, _________________________ Susan L. Davitt 16