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07 JAN 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. - 7:47 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on January 8, 2007. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. He then opened nominations for 2007 Planning Commission and Board of Adjustment officers. Commissioner Gray moved, seconded by Commissioner Brannen to nominate Mike Traylor to serve as 2007 Planning Commission Chairman. With no other nominations, MOTION CARRIED. Commissioner Knight moved, seconded by Commissioner Stroud to nominate Commissioner Brannen to serve as 2007 Vice Chairman of the Planning Commission and Chairman of the Board of Adjustment. With no other nominations, MOTION CARRIED. Commissioner Stroud and Commissioner Gray volunteered to serve as 2007 members of the Board of Adjustment serving from the Planning Commission. 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, Brian Boroughs, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Brannen that the minutes of 11 December 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING 809 Quince Hill Road from R-0 to R-3 Chairman Traylor opened the public hearing at approximately 7:05 p.m. Mr. Tim Lemons of Lemons Engineering, representing Mr. Paul Yamber and Mr. Paul Schiell of Paul’s Custom Homes, Inc. petitioning for the rezoning of 809 Quince Hill Road at the corner of Quince Hill and Max Howell. He referenced his letter of request to clarify that the proposed townhouse development would act as a buffer between the existing homes to the west and 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. - 7:47 P.M. the existing multi-family units in the Max Howell area. Secondly, he noted that the developers have agreed to construct a sidewalk along the south side of Quince Hill within the limits of the property and will align the sidewalks with those previously constructed to the west of the development. Mr. Kenneth Head a resident of Quince Hill Road read from a prepared statement representing residents of the area. “The regular Planning Commission met on November 8, 2004, a request was made to rezone 809 Quince Hill Road and the request was denied.” He stated that a few of the problems discussed was that the sewer lines needed to be upgraded and the northeast pump station needed improvements. He then related that Mr. Bob Williams has stated that the lines have been replaced and area work continues near the Tall Pines Trailer Park at Hwy. 67/167, adding that some repairs have been made on the northeast lift pump station but the reliability of the sewer system has not been proven through a complete wet season. He stated that he and the area residents would appreciate a vote to deny the rezoning. He continued 809 Quince Hill Road was zoned R-0 when the residents in the neighborhood purchased their homes and should continue as R-0. He stated that the neighborhood does not need additional apartments. Chairman Traylor closed the public hearing at approximately 7:09 p.m. Mr. Bob Williams of the Jacksonville Wastewater Department stated that the lines in the Quince Hill area have been reworked, explaining that the lines are tributary to the northeast pump station. He stated that there has been considerable headway made in the area, adding that there is still some work to be done. He stated that there is approximately 500’ of line work to be relaid remaining in the trailer park that Mr. Head had mentioned. He stated that there are 8 more manholes in the area that still need to be replaced. He related that the Department did extensive work on the other side of the freeway in the Northwood Acres area, relaying all those lines, which are also tributary to the northeast pump station. He stated that in addition to the line that was relaid they pipe burst over 8,000’ in the area. He related that when the line from the Tall Pines Trailer Park is finished, all the lines with the exception of possibly 6 or 7 short line segments that serve in the Max Howell area would complete a totally new system. He related that there are still some problems in the area that deal with private service lines and the Department is addressing those issues. He 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. - 7:47 P.M. stated that studies were conducted last summer and televising will continue as soon as weather permitting. He added that extensive flow monitoring has not been conducted yet to determine the exact good that has been accomplished, but added that in his opinion there has been a significant difference in the area. In response to a question posed by Commissioner Brannen, Mr. Williams stated that he would expect total completion of the project by the end of January and no later by the end of February. In response to a question posed by Commissioner Stroud, Mr. Williams stated that improvements to the lift station on Northeastern include replacement of the impellers and the pumps. He related that the Northeastern station was not the main concern in 2004; explaining that the pump station of concern was the pump station on Loop Road. He added that the Loop Road pump station has been completely upgraded, noting that the Utility has spent approximately $750,000 on that upgrade. In response to a question posed by Commissioner Herbold, Mr. Williams agreed that the system has not been completely tested under heavy rains. Representing Engineer for the City Mr. Whisker noted that during the recent heavy rains there were a couple of failures found and repaired in the system. In response to a question posed by Commissioner Knight, Mr. Lemons responded that he did not have a definitive date for project completion but believed that it would be a considerable amount of time before occupancy could be ready. He speculated that if the rezoning is approved tonight it would probably be the March meeting before they would return with a development plan and easily May before there would be any construction that began followed by at least a 4 to 5 month construction time. Commissioner Herbold noting that while Mr. Lemons referred to the project as being a buffer, the 800-block area of Quince Hill and the 200-block area of Dale Drive are currently adjacent to R-0 property, which would be changed to R-3. He asked Mr. Lemons to explain the ideology that it would act as a buffer. Mr. Lemons related that the older units of the Max Howell Complex are visible to those properties adjacent to R-0. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. - 7:47 P.M. It was clarified that to the east and adjacent to the proposed development is the Swiss Village Apartments not the Max Howell Complex. Commissioner Herbold stated that he did not feel that a two-story development could be considered a buffer to the residential single-story homes that would be adjacent. Mr. Lemons stated that in viewing the age of the existing rental, he feels that this development would add something nice to the neighborhood. It was clarified that the concept drawing of a ten-unit complex provided to the Commission differs from the four-plex proposal that is being discussed. Mr. Lemons stated that plans to orientate the buildings on the property would be the next phase of the project. Commissioner Herbold stated that he feels the development would be taking away the current buffer of the area. He added that there is a concern that rental property does not always retain its nice appearance after being built, citing Swiss Village as an example of the decline of rental property before being purchased back and renovated by Mr. Peacock. In response to a question posed by Commissioner Stroud, Mr. Lemons stated that it is his understanding that R-3 zoning would fit townhouses. Commissioner Stroud stated that townhouses, which would be individually owned, would be more conducive to an R-4 zoning. It was clarified by the owner that he plans to retain ownership, which would be more conducive to apartments rather than townhouses. Commissioner Herbold stated that former Chairman Stroud had presented in March of last year a statement saying that the Planning Commission policy is “to provide zoning protection preventing encroachments, in order to create a climate of confidence and certainty in the minds of homeowners about the continuation of residential neighborhoods, in order to attract a private investment necessary for maintaining individual residential properties”. He stated that residents of the neighborhood are asking the Planning Commission to do that for them. He added that R-0 to R-3 would be taking any buffer 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. - 7:47 P.M. away from the residents. He stated that when discussion is concluded he would be ready to make a motion to deny the request. In response to a question posed by Chairman Traylor, Mr. Whisker clarified that the Land Use Map identifies property as Residential, Commercial, or Industrial. He stated that residential on the Land Use Map would not distinguish between single-family, multi-family, trailer, or apartment without consideration to whether it is tenant or ownership. Commissioner Herbold related that he had been in conversation with Mr. Jones who is the developer of the Jaxon Terrace Subdivision. He explained that when Mr. Jones first started the Subdivision there was very little sewer on the west side of the Interstate so Mr. Jones, at his own expense, upgraded the northeast pump station. He then related that following the last approval of the extension of the Jaxon Terrace Subdivision, Mr. Jones was informed that there would not be any more approvals for construction until the sewer system was proven. He stated that Mr. Jones had related that if 15 connections are approved it is the same as taking 15 connections from him. Mr. Lemons stated that if the consensus of the Commission is that the development may be a couple of months ahead of itself by requesting the rezoning at this time, his client has informed him that a request to table until the sewer system is completed would be acceptable. He added that given the extra time they would be ready to submit a more precise layout of the buildings. He suggested that they could return to the Planning Commission in 60 days. Commissioner Herbold stated that he feels the impact to the neighborhood is more of a concern than the sewer issues. He reiterated that following discussion he would be ready to make a motion. In response to a question posed by Chairman Traylor, Mr. Lemons stated that rather than withdraw the item he would like to see the item tabled. Discussion ensued as to the item being tabled or withdrawn by the petitioner. Mr. Lemons noted that in the interim he would like to meet with the residents of the neighborhood and possibly reconcile any differences. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. - 7:47 P.M. Commissioner Brannen moved, seconded by Commissioner Knight to table the request to rezone 809 Quince Hill Road for 60 days. ROLL CALL: Commissioners Brannen, Knight, Gray, and Stroud voted AYE. Commissioner Young, Herbold, and Evans voted NAY. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. FINAL PLAT Ramada Inn Mr. Tommy Bond related that the developer is proposing to install a new water meter, relocate the sewer line, and construct the sidewalk on Crestview Drive. Representing Engineer Whisker stated that the request to final plat was to make sure that the building had their own separate utility connections. He asked that the final plat approval from the City Council be contingent upon the reestablished connections being complete and the sidewalk being bonded. Commissioner Stroud moved, seconded by Commissioner Herbold to recommend approval of the Final Plat to the City Council stipulating that new utility connections be stabled and the sidewalk being constructed or bonded. MOTION CARRIED. b. PRELIMINARY PLAT: The Meadows formally submitted as Clover Ridge PH IV Mr. Bond stated that he felt the only remaining issue is the sewer issue. He explained that the Sewer Commission has issued a letter and the developer has revised the plans to connect to the suggested manhole. He then related that as suggested by the Fire Marshall some of the fire hydrants have been relocated. Representing Engineer Whisker mentioned the suggested name change of Robin Road and the request for a bill of assurance. It was noted that the Water Commission has approved water for the subdivision. Mr. Bob Williams of the Wastewater Department stated that he is in receipt of the plans that Mr. Bond spoke of, adding that it is his recommendation to the Sewer Commission that the plans be approved as proposed. He stated that the subdivision is connecting to a manhole that discharges directly to the Plant, explaining that there is not a pump station issue. He added that his recommendation for approval is contingent upon Health Department approval. City Attorney Bamburg noted that the Sewer Commission would be meeting on the coming Friday. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. - 7:47 P.M. Representing Engineer Whisker explained that normally the bill of assurance would not be as important, but is in this case because of the proposed formation of a sewer improvement district. Mr. Bond clarified that the bill of assurance would speak to the sewer improvement district in regard to the fees to be paid by each homeowner. He then assured the Commission that the bill of assurance would accompany the final plat. Commissioner Stroud moved, seconded by Commissioner Brannen to accept the preliminary plat, stipulating the street name change for Robin Road, bill of assurance being included with plat, Sewer Commission and Health Department approval. MOTION CARRIED. Land Use Plan Representing Engineer Whisker asked that the Commission review the material distributed and be ready to make recommendation at the February meeting. Commissioner Gray moved, seconded by Commissioner Knight to set the public hearing at the regularly scheduled meeting in February to address the Land Use Map. MOTION CARRIED. Discussion ensued and it was the consensus of the Planning Commission to host an informal workshop dealing with the basic nd procedural rules, regulations, and planning goals on January 22 at 6:30 p.m. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:47 p.m. Respectfully submitted, _________________________ Susan L. Davitt 7