Loading...
07 JUN 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a called session on June 11, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Chad Young, Susan Dollar, John Herbold, Tom Evans, and Alderman Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. Commissioner Knight was absent. PRESENT (8), ABSENT (1). Others present for the meeting were Acting City Engineer Whisker, Mr. Tommy Bond, Mr. Mike Wilson, Chamber of Commerce Director Bonita Rownd, Mr. Daniel Gray, petitioners, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Howard that the minutes of 22 May 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Property located between Swift Drive and General Samuels Road from M-2 to C-4 with a CONDITIONAL USE of R-3. Chairman Traylor opened the public hearing at approximately 7:01 p.m. Mr. Mike Wilson, representative for the City of Jacksonville Chamber of Commerce Foundation, related that the Chamber of Commerce Foundation by agreement with the City, acts as advisor of various proposals for economic development. He explained that the property is owned by the City of Jacksonville, adding that the Foundation is asking that the property be rezoned to commercial with a conditional use for residential development. He related that a proposal to develop condominiums was received by the Foundation last year and following much discussion and debate, the Foundation has accepted the concept. He noted that the Land Use Plan had to be revised to permit that process. He stated that if the rezoning and conditional use were granted the City, as owner of the property, would advertise the property for public bid. He related that there are two known potential developers interested in the property. With no one to speak in opposition to the proposal to rezone the property or grant a conditional use, Chairman Traylor closed the public hearing at approximately 7:05 p.m. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. In response to a question posed by Commissioner Herbold, Mr. Wilson answered that his impression by one of the interested parties is to have the units sold individually. Discussion ensued regarding the quotient status of rental property in the City; Mr. Wilson added that ultimately it would be what the buyer proposed. He noted that the he feels the price of the property would dictate a higher end development, adding that it would probably be driven by the market. He stated that the Foundation has held the property for a long time hoping for economic development. Chamber of Commerce Director Bonita Rownd stated that one aspect discussed by the Chamber of Commerce Foundation was the need for higher income housing in lieu of industrial development, which had not occurred. She stated that originally the development plan was for a higher income complex in the $900.00 monthly range with attached garages. She noted that the Foundation feels one of its charges is to ensure a good development for the City, adding that no one feels there is a need for lower income housing. Commissioner Brannen suggested that the Commission review the rezoning request separate from the conditional use request. Commissioner Gray noted that the property was recently reclassified to commercial regarding the Land Use Plan, adding that C-4 would be a commercial inter-mixed with light industrial. Commissioner Gray moved, seconded by Commissioner Howard to rezone the property from manufacturing to C-4. MOTION CARRIED. Chairman Traylor introduced discussion regarding the request of a conditional use of R-3. Commissioner Dollar stated that without viewing a development proposal it would be problematic as to what type of conditions could be stipulated. Discussion ensued as to the permitted uses of an R-3 zone. Mr. Wilson stated that the concept is to make the property marketable for residential, adding that the buyer would return to the Planning Commission with a development plan. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. Commissioner Dollar stated that when a development plan is presented it would be more feasible to determine the conditions, rather than offering a blanket conditional use. She added that a blanket approval would remove the Planning Commission’s prerogative to set conditions. Commissioner Gray stated that R-3 would predominately mean apartments, not necessarily townhouses or condominiums. He stated that over the last six months in discussion before the Planning Commission, the general discussion was for apartments, adding that the Commission had entertained that some type of multi-family development in this area would be beneficial to the Community. He then questioned if there would be any reason to believe that multi-family in this location would not be practical. Commissioner Brannen read the listed permitted uses of an R-3 zone. Commissioner Young stated that the site stipulations could be applied during review of the development plans, adding that he would be in favor of granting the conditional use. Commissioner Dollar stated she is not opposed to a multi-family development but agrees with Commissioner Young that as a conditional use it should be on a case-by-case basis. In response to a question posed by Commissioner Herbold, Chamber of Commerce Director Bonita Rownd related that the area directly across from the proposed development site is the only property that could still be available for industrial development. She stated that the Foundation had discussed ensuring that a strip along the road would not be developed as heavy industry but more along the lines of a commercial park. She explained that any industry interest in that area could be placed further west of the strip. Chairman Traylor noted that in recent months there has been concern regarding proposed multi-family development being placed too close to single-family residences, adding that in this instance this would be a concern. Commissioner Brannen stated that he would be opposed because of the equipment vehicles that are currently operating on a daily basis in the area. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. Commissioner Gray clarified that his understanding is that the Planning Commission is inclined to a multi-family residential development but would only be in favor of this following an overview of the developer. He stated that conditional uses are often granted to the petitioner instead of being attached to the property, and would not extend to the next owner of the property. He stated that his understanding is that the Planning Commission would rather grant the conditional use permit to the developer upon review of the development plans. Commissioner Gray moved, seconded by Commissioner Dollar to deny the request for a conditional use of R-3 as presented at this meeting. MOTION CARRIED. Mr. Wilson noted the difficulty in marketing the property as residential without a conditional use for residential development. City Attorney Bamburg clarified that while the conditional use was denied it should not prevent the Foundation from being able to market the property with the stipulation that any offer and acceptance would be contingent upon the developer successfully being granted a conditional use. b. REZONING 4016 South Hwy. 161 from R-6 to R-7 Chairman Traylor opened the public hearing at approximately 7:18 p.m. Mr. James Lee of 4016 South Hwy 161 related that they are requesting that the property be rezoned so that their son can place a mobile home on the property. Mrs. Lee offered that the property already has two mobile homes one belonging to them and the second to another son. She noted that her youngest son is moving from Houston, TX. Acting City Engineer Whisker related that the City Council had recently adopted an ordinance that would allow a conditional use associated with the R-6 zone which would allow for a third mobile home on the acreage without rezoning the property to R-7. He stated that he feels this will accomplish the request from the Lee’s family without having to rezone the property to R-7, which is reserved for a mobile home park. Mr. and Mrs. Lee changed their request from a rezoning of R-6 to R-7 to a conditional use request. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. With no one to speak in opposition to the request, Chairman Traylor closed the public hearing at approximately 7:19 p.m. Commissioner Young moved, seconded by Commissioner Brannen to approve the amended request for a conditional use of R-7 in an R- 6 zone located at 4016 South Hwy. 161. MOTION CARRIED. c. CONDITIONAL USE 3501 John Harden Drive Educational and Childcare facility in R-0 Commissioner Young recused himself from the dais to be representative for the item of business. Mr. Young of Wittenberg, Delony & Davidson Architects related that McArthur Assembly of God Church is proposing to start Crawford Christian Academy and a daycare facility. He noted that the program would begin with K-2 through K-5 initially; explaining that as attendance increases the Church would develop programs up from K-5. He stated that the long-term goal would be th to have programs leading up to 12 grade within the Church. He noted that the daycare facility would be housed within the existing Church, explaining the additional request to add onto the back of the Church for K-5 classrooms. With no one to speak in opposition to the request, Chairman Traylor closed the public hearing at approximately 7:27 p.m. Commissioner Howard moved, seconded by Commissioner Evans to approve the conditional use as requested. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Cavin Estates Mr. Aaron Robinson of Bond Engineering stated that plat of Cavin Estates is the property previously known as Hallelujah Trailer Park located between Valentine and Borroughs Road. He stated that the owner has removed all the mobile homes and is proposing to subdivide the property for homes. He noted that the owner is aware that the property would have to be rezoned. In response to a question posed by Chairman Traylor regarding the smaller size of lot 24, Mr. Robinson stated that he felt he would have to reconfigure lots 8 and 9 to add additional footage to lot 24. It was noted that lot 22 would be located directly behind lot 23, Commissioner Young recommended that lot 24 be made into a pocket 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. park. He added that between lots 23 and 22 could be made perpendicular to the circle providing a more direct culdesac layout. Acting City Engineer Whisker stated his concern that lot 24 would need to be reconfigured. Mr. Robinson noted that the single-family homes are proposed to be approximately 1200 square feet or smaller. He stated that the developer would want to use all land for lot development. Acting City Engineer Whisker answered Commissioner Young that the City would maintain a pocket park if it were accepted by the Parks Commission as a City park. He clarified that the Parks Commission would have to agree to accept the property as a dedicated park. He then noted that the proposed development is near the Homer Adkins School that has a playground area. He then answered that currently the property is zoned R-7 as a mobile home park. It was noted that the property is in the vicinity of Homer Adkins and the Meadows Subdivisions. Commissioner Young moved, seconded by Commissioner Dollar to approve the Sketch Plat contingent upon the property being rezoned for single-family development and the reconfiguration outside lots 22, 23, and 24 to a better shape and offering the Subdivision to the Parks Commission regarding consideration of a pocket park. Mr. Bond stated that the Planning Commission can designate an area for a park and it is the developer’s responsibility to set aside that property in his plan. He noted that the City has 90 days to purchase the property for a park, adding that if the City does not exercise the purchase option then the property is not a park. City Attorney Bamburg noted that the property could be donated by the developer. Mr. Robinson stated that the property owner would not be willing to donate the property. At this time, MOTION CARRIED. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. b. FINAL PLAT Bellevue PH IV Mr. Bond noted that the property has been under construction for an extended period, adding that curb and gutter is in with most of the gravel with the exception of a small section. He explained that the developer feels it could be ready by the next City Council meeting. He stated that the developer has also requested that the property be rezoned from R-1A to R-2, allowing for both multi-family and single-family. He noted that both multi-family and single-family adjoins the property on all sides. He stated that the developer is asking for approval subject to providing a bond to the City for the remainder of improvements. Acting City Engineer Whisker noted that the developer has experienced some construction delays due to some adjacent property owners and weather. He stated that he believes the developer could have the project completed before the next scheduled Planning Commission meeting. He stated that the developer still needs to finish the base, having it tested, and being asphalted. He noted that the developer is planning to bond for the sidewalks, asphalt, and rock not completed. He then added that there is still some outstanding water and wastewater documents, which he believes Mr. Bond received today. He then noted that the bill of assurance would need to be amended for any lots that would have duplexes. He then noted that the rezoning would need to be specific to those lots that would carry multi- family. City Attorney Bamburg noted that the Final Plat should not be approved until the zoning issue has been completed. Commissioner Gray pointed out that the Code provides that the R-2 District is established to permit the development of single- family and two-family site built dwellings. He then noted that “permitted uses” do not match the “purpose of the establishment”. Mr. Bond offered that the plat could designate which lots are duplexes and which are single-family. He explained that his feeling is that the developer wanted to have the opportunity to build whatever might be in demand at that moment. Commissioner Herbold questioned if there had been past dilemma regarding the approval of a final plat before the property had been properly rezoned. Mr. Bond pointed out that the lots could be developed under the current zoning. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. Acting City Engineer Whisker pointed out that the lot size, 60 X 100, is the same for R-1A as it is for R-2. Chairman Traylor noted that the Planning Commission has strived to address issues in the proper order and move away from having to place contingencies on approval because of the order of events. Mr. Bond noted that the Codebook provides for those contingencies with improvement bonds. In response to a question posed by Commissioner Evans, Mr. Bond stated that if for any reason the rezoning were denied the developer would complete the subdivision with single-family homes. Chairman Traylor reiterated that he did not feel the Commission would object to the mix of single-family and duplexes, but that it has to do with the proper order of events. Mr. Bond reiterated that the rules in the Codebook allow for this contingency and he is asking the Planning Commission to follow their own rules. City Attorney Bamburg clarified the most recent ordinances do require that before a final plat is given approval the acceptance letters from water and sewer would be issued, adding that if there is a necessity for bonds they should already be in place for those improvements not completed. In response to a question posed by Commissioner Evans, City Attorney Bamburg stated that he is unaware of bonds being submitted for water and sewer not completed. Acting City Engineer Whisker stated that it is permissible to bond for water and sewer but at this time, he does not have bonds for any improvements not completed. City Attorney Bamburg pointed out that to his knowledge when the Planning Commission has provided contingencies on bonds, the bonds have not always been presented until after the fact. In response to a question posed by Commissioner Gray, Acting City Engineer Whisker related that outstanding issues are the base and asphalts for the streets, sidewalks, the as-builts and letters of warranty for wastewater and water, and maintenance bonds for water. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. Acting City Engineer Whisker clarified that in order to get final plat approval from the Wastewater Department and Water Department, they require as-built drawings of the water lines and letters of warranty for one year before releasing the subdivision. It was related that the sewer and water is in, only the letter of warranty from the contractor is lacking. In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker stated that it is common for the developer to post a bond regarding the construction of sidewalks, noting that sidewalks are not construction until after the house is completed on the lot. Commissioner Herbold stated that he would be hesitant to set a precedent and grant final plat approval before the rezoning is completed. Acting City Engineer Whisker pointed out that the unusual factor is that the lot size for either zoning match. Mr. Bond read Jacksonville Municipal Code 17.12.110, Final Plat – materials to be submitted: 2) Improvements to the proposed final platted property including but not limited to sidewalks, drainage, water, sanitary sewer, roadways, and landscaping that have not been completed and approved by the City Engineer (prior to final plat request) will be guaranteed by a certified check or cash in the amount provided by an Engineer’s cost estimate (as approved by the City Engineer) and deposited with the City Clerk’s office at the time the request for Final Plat approval is made. Monies deposited shall be processed in the manner prescribed in Jacksonville Municipal Code 17.12.125. 3) A set of plans for all improvements required under specifications and these regulations, with such plans to bear the written approval of the City Engineer. Mr. Bond stated that his understanding is that he can bond what has not been built and the Planning Commission can approve it. In response to a comment made by Commissioner Herbold, Mr. Bond agreed that bonds were not in place at the time of plat submittal. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. Commissioner Gray stated that while you can see above ground improvements it is not possible for Commissioners to know about the underground water and sewer, adding that he understand that the Code provides for a determination in those matters by the City Engineer and feels it is the responsibility of the Commission to make sure that the City is protected. He stated that if the City Engineer has verified cost estimates and funds to complete the project should the developer not complete it, then it is the Commission’s job to go ahead and allow the bonding process. He related in the last several years the Planning Commission has been pain-stakingly aware of their duty of protectiveness of the Community in trying to make sure that the Wastewater and Water Commissions are satisfied regarding their requirements. He noted that the authority of making sure those issues are in place is the City Engineer and the Planning Commission acts on the word of the City Engineer if those bonds are in place. He went on to say that if the developer provides bonding for the final improvements the Planning Commission would be within their rights to approve the final plat and send it forward to the City Council. He stated that he would not have any problem sending it forward to the City Council as long as proper bonds are in place. Mr. Bond stated that the function of the City Council is not to approve the final plat but to accept the street for City maintenance. Commissioner Gray moved, seconded by Commissioner Evans to accept the Final Plat of Bellevue PH IV with proper bonding or with proper financial guarantees for the completion of the remaining items. Discussion ensued regarding the argument that the bonds should have been in place when submitting the final plat, Mr. Bond agreed. Commissioner Gray moved, seconded by Commissioner Evans to amend the motion to include that bonding or financial guarantee be in place by the end of business tomorrow (6/12/07). In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker stated that the bond amount would be $16.00 per foot for sidewalk, $70.00 per ton for asphalt, $70.00 per ton for rock, adding that by Ordinance Mr. Bond will figure the amount and it would be verified by himself. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. Mr. Bond stated that it would not be possible for the developer to have all bonding in place that quickly, adding that he appreciates the efforts of the Planning Commission. He stated that they would bring the plat back next month. Commissioner Brannen moved, seconded by Commissioner Young to table final plat approval for Bellevue PH IV until the regularly scheduled Planning Commission meeting of July 9, 2007. MOTION CARRIED. BUILDING PERMIT(S): a. SITE PLAN Proposed Commercial Mini Warehouses north of the City limits Mr. Bond noted that the property is located outside the City limits, adding that the site plan went before the County Planning Commission three weeks ago. He noted that the County Planning Commission requested that the new flood information be provided, adding that while it is currently not available he has requested that information. He noted that the property consists of 20 acres and the owner is proposing to construct mini warehouses to the rear of the property. He stated that to his understanding the only remaining issue is the flood plain issue. He then noted that access to the property is existing. Acting City Engineer Whisker stated that the site plan was brought before the Planning Commission regarding their considerations for beautification (landscaping) along the roadway. He then noted that in this instance, the property is not near John Harden and the site will be using existing water and sewer but the area is in the extra-territorial jurisdiction for the Jacksonville Planning Commission. He then explained that the developer is leaving a tree line to the south providing at least a 50’ buffer. He stated that any approval should be contingent upon the County’s approval. In response to a question posed by Commissioner Evans, Acting City Engineer Whisker stated that the flood plain study has been completed and the County is submitting the study to FEMA for approval along with Jack’s Bayou and Bayou Meto. He added that as yet it has not been approved by FEMA. Discussion ensued as to the expected amount of time for FEMA approval. Commissioner Dollar moved, seconded by Commissioner Brannen to approve the site plan contingent upon approval and acceptance by the Pulaski County Planning Commission. MOTION CARRIED. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. - 8:17 P.M. b. SITE PLAN 3501 John Harden Drive/McArthur Assembly of God educational and daycare facilities Commissioner Young recused himself from the dais to be representative for the item of business. Mr. Young pointed out the area to the rear of the existing Church building that is being proposed as the addition fro classrooms. He noted that the process would not be immediate, adding that the Church is planning a fund raising campaign. He related that the addition would match the existing metal siding exterior of the Church, adding that the addition would clear all setbacks. Commissioner Howard moved, seconded by Commissioner Herbold to approve the site plan for 3501 John Harden Drive for the McArthur Assembly of God educational and daycare facilities. MOTION CARRIED. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:17 p.m. Respectfully submitted, _________________________ Susan L. Davitt 12