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07 SEP 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on September 10, 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, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Tommy Bond, Alderman Stroud, interested citizens, petitioners, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Young that the minutes of 13 August 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of 115 Spring Street from C-2 to R-1. Chairman Traylor opened the public hearing at approximately 7:01 p.m. Petitioner was not present to represent and there were no members of the audience who expressed opposition to the request. Chairman Traylor closed the public hearing at approximately 7:02 p.m. b. REZONING of 118 West Valentine Road from R-4 to R-1 Chairman Traylor opened the public hearing at approximately 7:03 p.m. Mr. Bond stated that the request involves converting an old mobile home park into a single-family residential subdivision. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:05 p.m. Commissioner Howard moved, seconded by Commissioner Gray to recommend to the City Council the rezoning of the 118 West Valentine Road formally known as the Hallelujah Trailer Park from R-4 to R-1. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. REQUEST TO APPROVE PLATS: a. REPLAT Tract 2 Madison Addition into Tract 2A and Tract 2B Mr. Bond related that the property is located on Dupree Drive, adding that there may be an issue regarding the sewer and the developer is asking permission to work those concerns out with Wastewater Utility. Acting City Engineer Whisker related that the property had been part of a larger tract of land that belonged to the Dollar General Store, explaining that this tract is located directly behind the Dollar General Store and is being replatted into more equally proportioned tracts. He explained that Mr. Eddy is proposing to develop a strip center on Tract 2A and a single store on Tract 2B that would face James Street. In response to a question posed by Commissioner Gray, Acting City Engineer Whisker related that there is a platted 30’ access on Tract 1 on the south side. In response to a question posed by Commissioner Gray, City Attorney Bamburg clarified that the easement is public. Mr. Bond offered that it would be privately maintained because it would not be a street, describing it as a private drive for public use. City Attorney Bamburg noted that there would need to be a documented access for Tract 2B. Mr. Bond questioned if access issues could be addressed in the bill of assurance. City Attorney Bamburg noted that could be one method for access issues. Mr. Bond stated that they could show the access on the plat as being dedicated to that parcel. In response to a question posed by Commissioner Gray, Acting City Engineer Whisker noted that the owner of Tract 1 also owns Tract 2. Commissioner Gray noted that as long as the properties were commonly owned there would not be a problem until one of the properties were sold then access would have to be documented. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. Acting City Engineer Whisker addressed the sewer issue, explaining that the manhole closest to Tract 2B may not be on City right-of-way and may require an easement from the property owner to the south. He explained that when the information was learned, Mr. Williams from the Wastewater Utility was not available for conference. In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker stated that he believes the sewer issue can be resolved internally through the Wastewater Utility and property owners. He stated that he felt it would only be a matter of small agreements to ensure there is permission to hook onto the sewer that is in the area. It was noted that sidewalk requirements would be along Dupree Drive and that the petitioner has not requested a waiver from those requirements. Commissioner Young moved, seconded by Commissioner Herbold to approve the Replat of Tract 2 Madison Addition contingent on sewer approval and dedicated access easement between property owners. MOTION CARRIED. b. REVISED SKETCH PLAT and PRELIMINARY PLAT Foxwood Gardens PH I City Attorney Bamburg advised that the preliminary plat would be removed from the agenda, explaining that the vote on the rezoning from R-0 to R-1 is invalid. He further explained that the vote would have required a vote from the Chair, adding that Chairman Traylor was not offered an opportunity to vote. He informed the Commission that the only reasonable way to correct the vote would be to re-advertise and host another public hearing on the issue of rezoning Foxwood Gardens from R-0 to R-1. He asked that the Commission suspend the rules and set a public hearing date. Commissioner Gray moved, seconded by Commissioner Herbold to suspend the rules and place a request for a special called public hearing on October 1, 2007 at 7:00 p.m. to address the rezoning request of Foxwood Gardens from R-0 to R-1. MOTION CARRIED. City Attorney Bamburg clarified that discussion regarding the sketch plat could be heard but matters of the rezoning or the preliminary plat would be for a later time. It was noted that part of the Tract considered for rezoning is currently zoned commercial. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. Mr. Bond stated that while he was not at the previous Planning Commission meeting his understanding is that an access to Loop Road was requested. He related that the revised sketch plat does show a primary access to Loop Road, adding that a second access onto Foxwood Drive has been eliminated. He stated that there would be three lots on Foxwood Drive that would be a part of Foxwood. He noted that the only access from Foxwood Drive would be the existing stub street, adding that he did not feel that it would be used as a primary access. He added that six or eight lots on the south side of the lake area have been deleted, adding that the lake area has been proposed as a park with a pavilion. He noted that the throat on the access to Loop Road has been widened to provide turning lanes in and out for accessibility. He stated that the other big change was proposing residential lots for the commercial area. In response to a question posed by Commissioner Evans, Mr. Bond stated that he was not sure of the status regarding the development being a gated community. He explained that it is good planning to have two accesses to any development. He added that he feels the demographic that the subdivision would appeal to would probably prefer that it be gated. He agreed that typically with a gated community there is an island where the gate operator is located and space to turnaround if you cannot gain access to the subdivision. In response to a question posed by Commissioner Young, Mr. Bond stated that in his recent discussion with the developer they have not talked about it being gated, adding that he presumes that the developer still believes it is part of the package desired by the demographic he is trying to appeal to. He then answered that there are two areas (39 lots) in the subdivision that have an alleyway rear load garages as a result of recommendations from the Planning Commission. He then related that the developer is proposing to construct an 8’ berm along the railroad, but is not sure if the railroad will allow for part of that to be built on their property. He then noted that on the other side of the railroad tracks an 8’ berm has already been constructed for the area known as Foxwood Estates. In response to a question posed by Commissioner Howard, Mr. Bond noted that the development is proposed to have two roundabouts to slow traffic. In response to a question posed by Commissioner Brannen, Mr. Bond stated that approximately 70% of the property is in the flood zone. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. He then explained that the commercial area adjacent to Loop Road has already been filled above the flood plain. He continued saying that the area is not extremely low but would require some fill. He stated that the developer would go through the process of having all lots removed from the flood zone with a LOMA that will prevent the lots from having to carry flood insurance. Commissioner Young noted that the Foxwood residents are concerned about home values and he would like Mr. Wilson to present at the next meeting a design concept that would provide reassurance of the type of development being planned. He added that he feels traffic is also an issue, requesting that the developer provide a construction access from Loop Road. Mr. Bond concurred, saying that it would not be a problem to provide an architectural concept of the development, and that he believes the initial and only access for the development would be off Loop Road. It was noted that the initial plan was to start at the back corner of Foxwood but may have changed. Commissioner Young suggested a pedestrian access from the proposed development to Foxwood, allowing access to Foxwood and to Pinewood Elementary School. Mr. Bond replied that an access could be established through the drainage easement area. He added that he could not imagine a young family wanting to purchase this type of home, adding that it is not the market the developer is trying to appeal to. It was noted that the drainage easement is in the area of lot 24. In response to questions from Mr. Dan Broughton of 1300 Foxwood Drive, it was answered that none of the roundabouts are planned for outside the development and that there are no plans to widen any part of Foxwood Drive. Mr. Charles Evans of 1801 Steeple Chase questioned the reason to rezone if the commercial property is also platted for single- family homes. It was then explained that the rezoning would be heard on October 1, 2007. Mr. Bill Summers read from the minutes of a previous Planning Commission meeting, noting that Mr. Wilson had stated that if an entrance were made available from Loop Road he would probably not make the subdivision a gated community. He went on to quote Mr. Wilson as saying that an access from Loop Road would defeat the 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. purpose, but would consider a roundabout to deter speeding traffic. He stated that he feels it needs to be clarified as to whether the subdivision is going to be a gated community or not. Acting City Engineer Whisker stated that his understanding is that the subdivision was not going to be gated and the roundabouts were being proposed specific to the amount of traffic on Foxwood and Pinewood, further explaining that it would allow for another exit for those people that are having problems getting through the intersection during school times. Commissioner Young agreed that it would ease some of the traffic congestion out of Foxwood onto Loop Road; however, that he feels it would make the subdivision more valuable if it were a gated community. Acting City Engineer Whisker stated that he did not feel that the subdivision would be used as a cut-through unless it is more of a time saver even with the roundabouts. Commissioner Young expressed his desire for the subdivision to be a compliment to the Foxwood Subdivision; Acting City Engineer Whisker added that he felt a roundabout would be a nice attraction to the area. It was clarified that Mr. Wilson had abandoned the ideal of a gated community when the access from Loop Road was changed from being strictly an emergency access. In response to a question posed by Commissioner Herbold, City Attorney Bamburg clarified that it is not unusual for the Planning Commission to consider a sketch plat prior to the rezoning of said property. He noted that the rezoning must occur prior to the preliminary plat being considered. In response to a question posed by Mrs. Nancy Green of 1613 Foxwood Drive, Mr. Bond explained that a gate that can only be accessed by emergency personnel defines an emergency access. It was clarified that currently there is no planned emergency access and the two accesses being proposed is the current stubbed street on Foxwood Drive and a new access from Loop Road. Mr. Bond then answered that if the access to Foxwood is not gated there would be no way to control traffic going into Foxwood. He 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. stated that his thought would be that the access onto Foxwood Drive would not be the closest way to go to any destination outside of going to the Country Club. Acting City Engineer Whisker noted that if the access to Foxwood were gated then the Foxwood residents would not have the benefit of a through street to Loop Road. In response to a question if the Foxwood access could be made into the emergency entrance, Acting City Engineer Whisker stated that he is not in favor of only one entrance into any subdivision. He explained that any subdivision with more than a certain number of lots has to have more than one access into the community. He then responded that he was not in favor of the original design concept of having only one access with an additional emergency access. Mr. Charles Siegismund of 1400 Foxwood Drive stated that from his experience in living in Savannah Georgia, roundabout did not work and the town was forced to go back to having squares. He then answered that they did not work because of the failure of traffic to navigate the roundabouts. Discussion ensued regarding speed control on Foxwood Drive following the completion of the proposed development and it was clarified that it would not be within the purview of the Planning Commission. Acting City Engineer Whisker offered that as the City grows and subdivisions are developed that add traffic to existing streets, the City looks at ways to manage traffic. He stated that in this instance the City would look at the traffic and determine if enhancement were required to address speeding issues besides enforcement. He continued that the City has not put in speed bumps because of emergency vehicle access. He stated that currently he is considering Martin Street in Stonewall because the street is 36’ wide and speeding is a problem. He related that a 27’ street actually helps to keep speeding at a minimum. He stated that there may be a two or three-way stop at Foxwood and Northeastern, adding that ultimately traffic considerations would be addressed at the corner. Mr. Larry Rhine of 1607 Foxwood Drive noted that previously Mr. Wilson had stated that he would build a berm 10’ or 12’ and tonight Mr. Bond had stated that it would be an 8’ berm, adding that he feels that would need to be clarified. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. Mr. Bond stated that the berm built along the other side of the tracks is an 8’ berm. He added that he was not aware that Mr. Wilson had stated that it would be a 10 or 12’ berm. Discussion ensued regarding relocating the roundabout to the park area. Mr. Bond responded that typically roundabouts are put at intersections and not on straight-aways. Acting City Engineer Whisker concurred that the best location for the roundabout would be at the intersection. Mrs. Marilyn Burton of 2119 Steeple Chase stated that she feels one reason the Foxwood residents have opposition is that so many different things have been stated that it is hard to have confidence when the development factors keep changing. She added that she feels the area would be used as a cut-through. She then noted that it was previously stated that the adjacent homes in Foxwood were 1,350 to 1,800 square feet, adding that there are 4,400 square foot homes there. She related that if a third of the houses were 1,850 square feet or over in size there would be less concern regarding property values. She stated that she had viewed garden homes in Cabot, explaining that they were fenced and gated, adding that there is something that makes the development unique. She stated that there is nothing unique to this development. She expressed the concern of Foxwood residents regarding 104 1,500 square foot homes adjacent to a 4,000 square foot house. She stated that she feels the Foxwood residents should have assurances as to what is being built. In response to a question posed by Mr. David Hall of 1800 Steeple Chase, it was clarified that a retention pond would address drainage concerns. Mr. Charles Evans questioned the development being called Foxwood when it does not meet the standards of Foxwood. Commissioner Brannen stated that he believes Mr. Wilson should be present to answer questions from the Foxwood residents. Acting City Engineer Whisker stated that it is his understanding that the bill of assurance for the Steeple Chase PH VII allows for a minimum 1,500 square foot house. He stated that he would make available bills of assurance for the surrounding areas in the City Clerk’s Office. Commissioner Young moved, seconded by Commissioner Howard to table the Revised Sketch Plat for Foxwood Gardens PH I until the October 1, 2007 special called meeting. MOTION CARRIED. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. c. PRELIMINARY PLAT Forest Oaks PH IV David Jones of Marlar Engineering related that the lots in PH IV are slightly larger from 85’ to 90’ wide. He noted that the developer has agreed to have a second construction access that would be gated during the next phase of construction. Acting City Engineer Whisker related that given the number of existing lots along with the proposed number of lots there needs to be a second access to the subdivision. He stated that the road would continue east in the subdivision turning east onto General Samuels. He stated that there is already a dirt road. Mr. Jones concurred. It was noted that there are sidewalks in the proposed plan and that there were no sidewalks required in phase III since it was a culdesac under 19 lots. Commissioner Herbold stated that he does not believe short culdesacs without sidewalks support the intent of the City regarding its Master Sidewalk Plan. Acting City Engineer Whisker noted that the 20-lot culdesac rule has been in effect since the early 90’s. Commissioner Herbold stated that if the culdesac is a phase of a larger subdivision then it should meet requirements for sidewalks. Commissioner Young concurred with Commissioner Herbold, agreeing that if the culdesac is a part of a larger development then sidewalks should be required throughout the development for continuity reasons. Commissioner Howard noted that there are plans for a joint meeting with the Planning Commission and City Council in the near future. Alderman Stroud stated that it is scheduled to be an item of th business on the October 18 City Council agenda. Commissioner Brannen moved, seconded by Commissioner Evans to approve the Preliminary Plat of Forest Oaks PH IV contingent on a temporary gravel construction road 20’ wide that would support fire trucks. MOTION CARRIED. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. d. PRELIMINARY PLAT Westwood Subdivision formally submitted as Delaney Heights Mr. Bond noted that there were slight modifications from the sketch plat that was reviewed by the Planning Commission one month earlier, noting that those modifications came as a result of floodplain and floodway issues on the north end of the property. He stated that the proposed development is very similar to Graham Settlement. He added that the bill of assurance would follow that of Graham Settlement. Acting City Engineer Whisker requested that the subdivision name be changed to something not similar to any existing development. He issued concerns for the temporary turnaround being constructed over an existing ditch. He then requested that a sidewalk be established along Graham Road. In response to a question posed by Commissioner Young, Acting City Engineer Whisker stated that there would be a sidewalk along Westwood Drive, adding that he would also request sidewalk access between lots 8 and 9 to provide access to the park. He then answered that the Parks Department had requested a park and the Parks Commission would meet to discuss that issue. It was noted that there is a sidewalk between lots 11 and 12, Acting City Engineer Whisker clarified that the concrete ditch is part of the sidewalks. Mr. Bond submitted the new name of Graham Woods for the proposed subdivision. In response to a question posed by Commissioner Young, Mr. Bond noted that as far as street improvements along Graham Road there is a proposed Highway project planned for that area. Acting City Engineer Whisker clarified that the City is receiving federal funding through Metroplan to widen Graham Road to four lanes. He added that the proposed project is on the TIP list for 2009. Mr. Bond added that the developer is offering the additional right-of-way needed for that project. Acting City Engineer Whisker noted that the same right-of-way was set aside when Graham Settlement was developed. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. Commissioner Howard moved, seconded by Commissioner Young to approve the Preliminary Plat of Graham Woods, stipulating additional sidewalk between lots 8 and 9 and along Graham Road. MOTION CARRIED. e. PRELIMINARY & FINAL PLAT Tract “B” Jacksonville Shopping Center Mr. Bond noted that Tract “A” and Tract “B” was brought before the Planning Commission almost one year ago, noting that only Tract “A” was final platted when Wendy’s new restaurant was proposed. He stated that the only issue is that on the east side of Tract “B” Acting City Engineer Whisker has asked for a 30’ access easement, adding that the developer is amenable to that request. Acting City Engineer Whisker clarified the area to be the drive between the lot area and Mr. Mike Wilson’s law firm. Mr. Bond noted that all utilities were relocated when the new Wendy’s restaurant (Tract “A”) was developed, including sidewalks. Commissioner Herbold moved, seconded by Commissioner Brannen to approve the preliminary & final plat Tract “B” Jacksonville Shopping Center with the addition of sidewalks along Main Street & a 30’ easement on the east side. MOTION CARRIED. f. SKETCH & PRELIMINARY PLAT Dupree Estates Mr. Raymond Hickey of North Star Engineering stated that Dupree Estates is a one-lot subdivision. Acting City Engineer Whisker stated that this property is part of an original 10-acre tract. He explained that the owner sold his son two parcels and they are putting in sewer and will have to go back before the Sewer Commission to get their approval. He continued that being a part of a larger tract he would request that the preliminary plat show the larger tract as well as the two smaller tracts or the single tract that is being serviced by sewer. He noted that all acreage less than 5 acres being separated from other acreage has to be approved by the Planning Commission, explaining that this was deeded off on a metes and bounds by an individual. He stated that the primary reason is to provide for any streets or roads on the larger tract, to ensure 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. access. He stated that it is his understanding that there is a 50’ access to the back half of the property but it needs to be presented to the Planning Commission. He recommended that Mr. Marcus Dupree be given a metes and bounds building permit so as not to delay the project, but added that he feels the property does need to be platted showing it coming from a larger tract. Mr. Hickey questioned how his client could preliminary plat property he did not own. Acting City Engineer Whisker explained that when the property was subdivided from a larger tract it should have been brought before the Planning Commission at that time, but that was not done. He added considerations for that should be brought before the Planning Commission. Commissioner Gray clarified that it is being asked that the larger tract be shown as a reference point to this plat. He stated that there needs to be proper references as to how the land was subdivided. It would offer a particular understanding as to how the surrounding property configures to the platted property. Mr. Hickey clarified for his understanding that the surrounding property should be added in reference to the platted property. City Attorney Bamburg clarified that while the Commission is requesting that the plat be modified for presentation as a sketch and preliminary plat, Acting City Engineer Whisker is requesting that the Planning Commission consider his request on a metes and bounds building permit for his tract of land. Commissioner Gray moved to approve a metes and bounds building permit for a 1.4 acre tract. Acting City Engineer Whisker added that Mr. Dupree is requesting relief from the requirements of curb, gutter, and piping along Cloverdale Road. He went on to inform the Commission that he had suggested that Mr. Dupree construct a sidewalk on Cloverdale. Mr. Hickey noted that there is currently no curb, gutter or sidewalk on Cloverdale Road. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. Acting City Engineer Whisker stated that there is not any sidewalk from Hwy 161 to Valentine Road. He noted that four years ago the Planning Commission granted a building permit without requiring curb, gutter, or sidewalk. He added that he would recommend that the Planning Commission require a sidewalk along the property, noting that there is a nearby school. Commissioner Gray commented that if this were a larger tract of land being proposed to be subdivided into a 1.5 acre lot this would have been addressed with the property owner of the larger tract, adding that what seems onerous now with the smaller tract would not have been so onerous if the Planning Commission had looked at the entire development in the beginning. He explained that to be the reason that the Planning Commission particularly requested looking at the entire property. Commissioner Gray withdrew his motion to offer additional discussion. In response to a question posed by Commissioner Young, City Attorney Bamburg clarified that a metes and bounds building permit can be approved prior to approval of a sketch and preliminary plat presentation. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker stated that currently there are sidewalks along Valentine Road and CloverRidge Subdivision PH I through IV. He added that regarding the side of CloverRidge adjacent to the school is being asked to put in sidewalk as well as sidewalks through the subdivision to allow pedestrian traffic to the rear of the school. He continued that he does not believe that the property to the north on Cloverdale has sidewalks, explaining that it was developed on a metes and bounds and distributed as mobile home lots. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker stated that he believes this side of Cloverdale Road would develop with sidewalks. He added that he believes when the City has grant funding it will complete sidewalks along Cloverdale. Commissioner Howard moved, seconded by Commissioner Herbold to approve a metes and bounds building permit with sidewalk requirements and a waiver of curb & gutter. MOTION CARRIED. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. - 8:25 P.M. BUILDING PERMIT(S): Marshall Road Pharmacy 811 Marshall Road Mr. Gary Benton stated that he is requesting a building permit to extend the south end of his building regarding revenue and security. Acting City Engineer Whisker related that the property is a metes and bounds sold by Rebsamen Hospital, explaining that Mr. Benton was granted a rear and sideyard setback variance on the property. Commissioner Howard moved, seconded by Commissioner Gray to approve the building permit for Marshall Road Pharmacy at 811 Marshall Road as requested. MOTION CARRIED. ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 8:25 p.m. Respectfully submitted, _________________________ Susan L. Davitt 14