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07 FEB 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. - 7:36 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on February 12, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Emma Knight, Bart Gray Jr., Chad Young, Mark Stroud, John Herbold and Tom Evans answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (0). One seat open. Others present for the meeting were Representing Engineer for the City Jay Whisker, Tommy Bond, John Lloyd, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold that the minutes of 8 January 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. Commissioner Knight moved, seconded by Commissioner Evans to approve the 2007 Annual Planning Commission report as submitted. MOTION CARRIED. PUBLIC HEARING(S): REZONING Plot A&B, Nixon Addition from R-1 to R-3 Chairman Traylor opened the public hearing at approximately 7:01 p.m. Representative Mr. John Lloyd of Bart Gray Realty stated that he is representing the Hope Lutheran Church & School. He noted that the property is located behind the Church and fronts Gregory Street. He explained that in discussion with City Engineer Whisker it was requested that an easement be established through lots A&B. He related that he researched the best way to sell the property and talked with the Wastewater Department regarding sewer, noting that there are three manholes in the rear yards of residents living on McArthur. He stated that sewer options would be presented by the developer presenting plans for construction but added that the Church desires to rezone the property from R-1 to R-3 in the event that more than a duplex is proposed. Chairman Traylor opened the floor for opposition to speak. Mrs. Ann Gilmore a neighborhood resident stated that she did not feel that there is adequate room for an apartment development, 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. - 7:36 P.M. saying that there are enough apartments in town. She stated that she and other residents are asking the Planning Commission to deny the request out of respect for the neighborhood as single- family. She presented a petition to the City Clerk of signatures in opposition to the rezoning request. Mr. Raymond Ellis of 21 White Oak Cove presented the Commission with photographs of his property to prove the amount of water his property receives from the Church property. He then clarified that he is in opposition to the rezoning request, adding that he feels this development would increase the flooding. Mr. Lloyd offered that any construction would not back up to Red Oak or White Oak Cove, but explained instead that would be the area where the road is constructed. He stated that there should not be anymore flooding than there is presently. He stated that the developer would be interested in gaining access to the three existing manholes. He noted that the road would be constructed to City specifications. Ms. Martha Bohun a new resident of Jacksonville stated that if the development is approved it would be to the rear of her backyard, adding that the water would drain to her property. She then added that currently she has the same flooding problems that Mr. Ellis is experiencing with water coming from the Church. Chairman Traylor closed the public hearing at approximately 7:09 p.m. Representing Engineer for the City Jay Whisker explained to the Commission that there is a drainage problem in the area of which the City is aware. He related that the City and the Church at various times have worked to improve the drainage, explaining that the problem has been trying to get the water to funnel into the existing area pipe. He then acknowledged that the property is situated between two areas that are zoned R-1 further explaining that there is R-3 property located to the north of the Hope Lutheran Church, which is the Smithwick area. He noted that the official land use of the property is residential either single-family or multi-family. In response to a question posed by Commissioner Young, Representing Engineer for the City Jay Whisker related that lot B is the grassy area straight behind the church that has no street access. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. - 7:36 P.M. It was noted that there are approximately 10 single-family lots that are adjacent to the proposed rezoning. Chairman Traylor noted recent conversations of warning regarding “spot zoning”, pointing out that he feels this would be an example of spot zoning because of the surrounding single-family zoning. Commissioner Herbold referred to a study conducted by the Chamber of Commerce that revealed rental property in Jacksonville is slightly over 50%, which he verified over the Internet to find that Jacksonville is listed at 48.2% rental. His further research determined this to be higher than other areas with military base installations. Commissioner Stroud noted that there is other R-3 property that is being constructed in the area already. He stated that he did not feel it to be fair to put R-3 behind those homes in the area. He stated that in his opinion it would not be a good precedence to put R-3 in the middle of an established neighborhood. In response to a question posed by Commissioner Brannen, Representing Engineer for the City Jay Whisker stated that any plans for development would have to meet with requirements from the Fire Marshal regarding access easement issues. He then clarified that at this stage the rezoning would be the only issue. Commissioner Herbold stated that policy adopted by the Planning Commission provides for protection of the homeowners. He read from the Codebook, “The R-0 and R-1 districts are established to permit the developing of single-family site-built detached dwellings and certain community facilities in a suitable environment of low-density development and to protect and maintain existing low-density single-family development.” Commissioner Herbold moved, seconded by Commissioner Brannen to deny the request to rezone Lots A&B, Nixon Addition from R-1 to R-3. MOTION CARRIED with Commissioner Gray abstaining from the vote. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Porter’s Subdivision Mr. Tommy Bond related that the property is located across the street from the First Baptist Church on North First Street. He 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. - 7:36 P.M. stated that the proposal is to develop the property into 8 single-family lots, noting that the property is already zoned for single-family. He noted that the lots are approximately 80’ wide with one lot being 90’ wide. Representing Engineer for the City Jay Whisker related that water is located on the far side of the road and sewer is located on the other side of the road. He stated that the sewer line is the same line that flows in the 10” pipe that crosses under the freeway to the northeast pump station. He stated that Wastewater Utility has been performing work on that area, describing this as the same situation encountered by the petitioner requesting a rezoning in the Quince Hill area. He stated that he does not believe the Sewer Department has had an opportunity yet to monitor the lines since finding some areas of I & I regarding ground water. He then noted that North First Street is a minor arterial street requiring a minimum of 36’ back of curb to back of curb plus a sidewalk. He then suggested that with the amount of traffic on North First Street it might be prudent to mimic the development design as with Western Hills Subdivision on Main Street, a 20’ asphalt strip for driveway access, instead of having access directly onto North First Street from each lot. He stated that minimum requirements of the Subdivision would be a 5’ sidewalk with a buffer, either the 20’ asphalt strip and or the half section of the 36’ back to curb with a buffer for sidewalk and proper drainage. Discussion ensued regarding another area development being proposed without sidewalks and Representing Engineer for the City Jay Whisker explained that situation involved property being split between heirs. In response to a comment from Commissioner Stroud regarding the aesthetics of a 35’ setback versus the 25’, Representing Engineer for the City Jay Whisker pointed out that if a 20’ asphalt street were planned then it would make the front yards even shorter. In response to a question posed by Commissioner Stroud, Mr. Bond offered that if the developer is required to widen to 36’ with curb, gutter and sidewalk, plus a 20’ asphalt drive it would probably not be economically feasible to construct until such time it could be rezoned for a higher density. He related that numbers were run to determine the feasibility regarding costs of development. He stated that in reality the development business is a very risky business. He then offered that one solution might be to pair the driveways to reduce the number of curb openings. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. - 7:36 P.M. Representing Engineer for the City Jay Whisker concurred with Commissioner Stroud that his objective was to have as few as possible openings on an arterial street, offering that another suggestion might be to construct an acceleration or de- acceleration lane 12’ wide with curb and gutter. Commissioner Stroud stated that he did not feel that either an acceleration lane or a street similar to Western Hills would be aesthetically pleasing. Commissioner Knight pointed out that another factor to consider is the future widening of North First Street in that area. Discussion ensued regarding the existing setbacks in the area. Mr. Bond then offered that an alley could be established that would circle behind the houses for rear driveway access, adding that the problem with half street development is that when a new street is designed for the area the half street generally does not fit to the new design and becomes wasted construction. He stated that an alley would accomplish reducing the openings onto North First Street. Commissioner Young noted that the concept would be similar to a development called Brody Creek in Little Rock, adding that it is a nice enhancement to a neighborhood. Mr. Bond stated that the lots are deep enough to accomplish this concept. Commissioner Stroud supported the compromise. Commissioner Stroud moved, seconded by Commissioner Herbold to approve the Sketch Plat of Porter’s Subdivision with rear access to the lots being proposed when the preliminary plat is submitted for review. MOTION CARRIED. It was noted that the development would adhere to Code requirements regarding sidewalks. BUILDING PERMIT(S): SITE PLAN for the Nixon Library Mr. Bond noted that drainage plans have not been concluded but does not foresee a problem. He then answered that he believes all utilities will be underground. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. - 7:36 P.M. In response to a question posed by Commissioner Brannen, Mr. Bond stated that he is reasonably sure that the tanks for oil storage to the rear of the old gas station were removed. Representing Engineer for the City Jay Whisker concurred that they were removed. He then noted that the electric that runs through the property will be removed but added that he is not sure regarding the telephone and electric located to the front of the property. Mr. Bond offered that the concept is that it would be across the street where the main line is located. Representing Engineer for the City Jay Whisker stated that all the details are yet to be worked out. Representing Engineer for the City Jay Whisker stated that the City Council would be hosting a public hearing to abandon an alley easement that runs through the property. Mr. Bond added that the property would also be replatted and Representing Engineer for the City Jay Whisker offered that the replat would be approved administratively in the City Engineer’s Office. Commissioner Stroud moved, seconded by Commissioner Brannen to approve as submitted. In response to a question posed by Commissioner Gray, Mr. Bond stated that what is being requested for approval is the final plan with the exception that the gazebo may change slightly. He concurred that the footprint is exactly where the buildings will be located with the exception of the gazebo. Mr. Roberts of the Central Arkansas Library System stated that he believes the location is fixed but there is still some question regarding the design of the gazebo. He stated that there is no question that the gazebo will be located to the front of the property. In response to a question posed by Commissioner Gray, Mr. Roberts stated that there have been three public hearings held to refine proposals into the present site plan. Representing Engineer for the City Jay Whisker concurred that the gazebo would be behind the property lines in the northeast corner of the property. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. - 7:36 P.M. Mr. Bond then answered that the basic traffic pattern as envisioned by the architects is that the main entrance will be on the left hand side of the drawing with parking in that area, adding that in order to avoid traffic on Main Street the City is going to improve the alley all the way down to Dupree Street. He noted that it is not noted on the site plan because it is being proposed as a separate project by the City. He then noted that there would be a return book depository on the rear of the building. He stated that it is envisioned that most of the employee parking would be to the rear of the building. He then reviewed the concept of a water retention pond on the property. At this time, MOTION CARRIED. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:36 p.m. Respectfully submitted, _________________________ Susan L. Davitt 7