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08 JUL 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on July 14, 2008. Vice Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Charles Evans, Bart Gray, Jr., Susan Dollar, John Herbold, Tom Evans and Alderman Bill Howard answered ROLL CALL. Vice Chairman Young also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were City Planner Chip McCulley, Mr. Tommy Bond, Mr. Rory Smith, Mr. Aaron Robinson, Alderman Stroud, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 9 June 2008. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Southwest quadrant in vicinity of North Belt Loop, U.S. Hwy. 67, and Missouri Pacific Railroad from M-1 to C-4 Vice Chairman Young opened the public hearing at approximately 7:05 p.m. Mr. Tommy Bond pointed out that the Planning Commission is familiar with the property, explaining that the owners have decided that a commercial development of the property would be more viable than an industrial or manufacturing development. With no one to speak in opposition, Vice Chairman Young closed the public hearing at approximately 7:07 p.m. In response to a question posed by Commissioner Herbold, Mr. Bond related that he believes there are plans for some larger commercial office buildings with a campus type atmosphere. He noted that approximately 20 to 30 percent of the property is in the flood plain, which would be developed as walking trails and a backdrop for the commercial development. He then answered that the property would have access to the railroad if necessary. City Planner McCulley related that once completed it would provide a commercial gateway to the City of Jacksonville. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. In response to a question posed by Commissioner Gray, City Planner McCulley stated that the C-4 density would be greater than a C-3 zone. He stated that unfortunately parking is often the factor that justifies the density. Commissioner Gray commented that regarding permitted uses, C-4 appears closer to a manufacturing use than a shopping center, which is a C-3 zone. City Planner McCulley stated that the plan for the other side of the bean field is more of a lifestyle center development with community use and shopping centrally located. He pointed out that since it is not located relative to the rail yard or the landfill, it would be more of a C-3 type use, while this side would be more of a C-4 type land use. Commissioner Brannen moved, seconded by Commissioner Charles Evans to approve the C-4 rezoning as requested. MOTION CARRIED. b. REZONING 4.33 acres on North First Street from R-1, C-2, and R-4 Vice Chairman Young opened the public hearing at approximately 7:15 p.m. Mr. Aaron Robinson of Bond Engineering explained that the request now includes the R-1 property that was not included the month before when the Planning Commission reviewed the sketch plat. He stated that he has supplied a legal description of the property for rezoning that includes all three of the present zonings. He stated that the development is a duplex style townhouse, which is a permitted use for the rezoning of R-3. He explained that Woolfort is an easement and not a dedicated street and the developer feels that accessing this piece of land off North First Street is much more realistic. He stated that he has been discussing with City Planner McCulley the possibility of a culdesac that goes to the power line with a dirt gravel access on the back for Fire Department access. He explained that this would provide more than just one access to the property. Mr. Emerson Smith a resident of the Pine Meadows Mobile Home Park adjacent to the property that is being considered for rezoning, stated that this presents itself as an interesting situation because the developer is requesting that the Planning Commission identify additional space in Jacksonville for rental housing. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. He noted that three or four years ago the Leader newspaper featured an article about the percentage of rental housing in Jacksonville compared to single-family homes. He stated that Jacksonville has a high percentage of rentals, adding that if the Planning Commission grants a rezoning they are saying that Jacksonville needs more rental housing. He stated that he does not see where the developer has presented any information that would indicate that Jacksonville needs anymore rental housing. He stated that he would like to encourage the Planning Commission to first determine if Jacksonville needs more rental property before rezoning the property. He then noted that the proposed area already has a high concentration of rental properties of approximately 300 to 400 rental units. He noted the recent development of Porter’s Subdivision across the street from the proposed development, surmising that a rezoning to R-3 might have as much as 30 rental units. He stated that it would average out to be approximately 7 additional rental units per one individual single-family home. He reiterated that before any consideration to rezone, a study should be conducted to assess the rental population in Jacksonville. He cited his concern for the storm water runoff, explaining that currently when storm water runs off from North First Street it flows into Pine Meadows behind his trailer and stands. He stated that the standing water is pungent, adding that the under skirting of his trailer has washed away because the drainage off North First Street is clogged with overgrowth. Mr. Bill Porter, developer of Porter Subdivision on North First Street, stated that he feels Mr. Smith has articulated the concerns he also wanted to express. He stated that he and the residents of his subdivision are opposed to the rezoning, saying that there is already a high concentration of apartments and mobile homes. He stated that another concern is the traffic flow on North First Street, citing that there are already four to five thousand cars daily on North First Street. He stated that if this property feeds onto North First Street it would add to the problem. He stated that they are respectfully requesting that the Planning Commission consider the rezoning carefully. Another resident of the Porter Subdivision issued concerns for property values. With no one else to present opposition, Vice Chairman Young closed the public hearing at approximately 7:25 p.m. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. City Planner McCulley noted that the Planning Commission reviewed the property last month as a duplex development sketch plat. He noted the property’s three zonings, and that the R-4 zoning would represent mobile home zoning. He stated that from a planning aspect, a transitional zoning use is a good buffer between commercial and the Church to the north. He related that there is commercial property to the south along North First as well as the mobile home park to the northeast of the property. He stated that from a zoning aspect, a transitional use is a good use. He stated that the zoning could go from duplexes to R-3, which would allow townhomes, additionally pointing out that it would also allow apartments. He stated that there is no classification distinction between townhouses and apartments. He related that he has worked with Aaron Robinson because the property is narrow and presents a development problem. He noted that Woolfort is an easement and not a dedicated road to the City of Jacksonville. He stated that drainage is an issue, but the developer did reserve the northwestern portion on the sketch plat for water detention. He related that he has spoken with the Wastewater Department regarding concerns for how the sewer would run, explaining that if it could flow behind the Church, the property owner would have to gain an easement running west across the rear of the Church to get to the sewer line going through the mobile home park or bore under North First Street and pump toward the Porter Subdivision. He stated that he has not seen a sketch plat for the R-3 development and is not aware of how many units are being proposed. He stated that the property would not have to be subdivided if it were developed as apartments, explaining that it would be one lot with multiple buildings meeting all setback requirements. He stated that it is difficult to make a decision regarding the rezoning without seeing any plans for the development. Commissioner Brannen questioned if recent area sewer issues have been resolved. City Planner McCulley answered that the Wastewater Department has been working for three years to revamp the sewer lines and Mr. Williams had related that all the sewer lines to the northwest have been upgraded, as well as the sewer line across North First. He noted a 10” line that goes under Hwy. 167, adding that Mr. Williams felt comfortable with the sewer system. Commissioner Herbold stated that even though the sewer lines have been revamped, he does not feel there has been a good enough rain to test the system. He stated that he has seen area manholes 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. overflow and would be hesitant about stepping up the density until the system has been proven over several years. In response to a question posed by Vice Chairman Young, Mr. Robinson stated that in an R-3 zoning the property could support duplexes on both sides of the proposed street. He then answered that there would be a 20 to 25’ setback from the street. He stated that with the proposed plan a 25’ front yard setback would leave a rear yard of 12 to 15’. Commissioner Dollar noted that if the property were rezoned as requested to R-3 it could potentially be developed as apartments. Mr. Robinson stated that he lives in the area and is personally aware of all the work the Sewer Department has done and he believes the I & I problem has been addressed. He continued saying that he and the developer feel they can fit 30 units on the property. Commissioner Herbold noted that at last month’s meeting Mr. Robinson had stated that the R-1 lot would remain single-family, adding that he feels that would have taken care of a majority of the issues that have been voiced tonight. He noted that this portion of North First Street has a single-family residential appearance and development of multi-family up to North First because of the necessity of the proposed street cannot justify changing the character of area. Mr. Robinson stated that he can understand that point, and then answered Commissioner Dollar that the developer is looking at either a two or three type unit, saying that the owner is planning to build two, rent those and then build two or three more. He stated that this would be a three to five year project. In response to a question posed by Chairman Young, Mr. Robinson stated that the developer is proposing all brick duplexes, asserting that the developer is in favor of building duplexes instead of triplexes because of the cost. He continued saying that he feels the plan that the developer has chosen will be pleasingly aesthetic to the area. He noted that in the R-3 zone the developer would also have landscaping requirements that he would have to meet. He then answered Vice Chairman Young that the proposed street goes through the location of the existing house on the R-1 property, explaining that if the proposed street is moved then there would be an issue of having two streets on North First that are only 25’ from the other. He stated that the 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. only other option would be to place the proposed street next to the Church property, but added that if that happens then a setback variance would need to be granted for the house on the R- 1 property. He noted that the house is approximately 40’ off the right-of-way, explaining that the side yard setback would be the issue. Commissioner Howard related that he has concerns for the traffic, noting that at times traffic is backed up to Maddox Road. He stated that this number of units would increase the traffic situation. He added that he understands the difficulty with developing a narrow piece of property, and that he would feel more favorably toward the project if the R-1 property were removed from the rezoning. Mr. Robinson stated that he could work up a new legal description for the C-2 and R-4 portions of the development. Commissioner Dollar stated that it sounds as if the project is still very much in the planning stage, questioning if a rezoning might be premature at this point. Mr. Robinson stated that the owner does not want to expend engineering fees if the property is not going to be rezoned. He related that the owner would not have a problem with keeping the front as R-1 and moving the street to the north. He stated that he would present a site plan for review once the property is rezoned. Commissioner Herbold stated that while it would eliminate a few units, the rest of the development would still be generating a significant increase in traffic. Mr. Robinson stated that if the R-1 is left as single-family, the project would yield approximately 25 units that might have as many as 50 cars, saying that on a traffic trip-per-unit layout it would not produce that much more daily traffic. Commissioner Gray questioned the difference between snaking in the proposed street versus making improvements on Woolfort and leading into the subdivision from Woolfort. Mr. Robinson stated that if the street were to come in from Woolfort, the development would loose more units. He stated at that point it would be more feasible to keep the R-4 zone and put in mobile homes that would have four times the proposed density. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. He surmised that the C-2 portion could be used for a small strip- mall. He continued saying that it is better from a planning and traffic flow standpoint, noting that there are already mobile homes residents that access Woolfort, saying that it is hard enough to get onto North First, but it is better and easier due to the traffic lights while Woolfort only has a stop sign. Commissioner Gray clarified that presently the proposal is for another entrance onto North First less than 200’ from Woolfort, for approximately 30 duplexes or triplexes. Mr. Robinson stated that if they leave the front part R-1, it will be 30 units or 10 triplexes. He stated that if we leave the front part as R-1 the development would loose at least three or four, so the development would go from 30 to 22 rental units. He stated that on the first plan the rental units in the culdesac have been eliminated, saying that there would not be any development past the power line. Commissioner Gray stated that developmentally speaking we try to create fewer turns off a major highway such as North First Street, pointing out that Woolfort already accesses North First Street and is currently being used. He stated that the City would be better served by improving Woolfort to accommodate the proposed increase in traffic as well as the existing traffic. He stated that the original plan from last month requested changing mobile home park zoning (old R-4) with a higher density to possibly 13 duplexes or 26 units. He added that the density for commercial or a conditional use multi-family would also have been a lot higher versus the original proposal to add approximately 26 families. He related that multi-family can have up to 21.5 family units per acre and there is a total of 4 acres that may or may not be fully developable, which could represent the possibility of 86 units potentially as an R-3 rezoning. He stated that much of the discussion has been about how residents will travel in and out of the proposed subdivision and so far all avenues have involved a turn with more traffic on North First Street, instead of at least coordinating the turn through the one drive that is existing. He stated that while he is not aware of the legal prescription for Woolfort, the City does not own it but the citizens’ use it. He stated that he feels the City would be better served instead of putting the density on North First Street, to have any rezoning occur 100’ to 150’ from the front lot line, which could be developed similar to how Mr. Porter developed the Porter Subdivision with driveway turns and then 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. make an entrance to the property to the rear and classify the property as an R-2 for duplexes, which is what is being proposed for construction. He stated that the first 100’ of street improvements to Woolfort would better serve everyone and that he would be more inclined toward the R-2 zoning instead of R-3. Mr. Robinson stated that with the R-2 zone, regarding lot and setback requirements and the street coming in from Woolfort, it would only provide enough space for four or five duplexes. He related that if the developer were responsible for improvements on Woolfort, he would be fixing the City’s problem of Woolfort being overcrowded with cars, saying that it becomes very unfeasible. He noted that Mr. Porter did half street improvements to North First Street when Porter Subdivision was constructed and the same when Small Pines was developed. He stated that the City followed with additional half street improvements, saying that this fits more into a master plan of developing North First Street into a 36’ back to curb, back to curb street. He stated as opposed to just isolating one small area with mobile homes and asking a developer to fix a problem that was already there, he feels widening North First Street is a better plan for everyone. Commissioner Herbold pointed out that the City could improve North First Street along the property line of R-1 and maintain the R-1 zoning and still do as you are saying. Mr. Robinson agreed saying that the developer is willing to give a 25’ right-of-way and the City can improve Woolfort as well. City Planner McCulley reminded the Commission that the issue at hand is the question of rezoning the property, acknowledging the difficulty without fully knowing the development plan. He stated that from a planning standpoint and from the zoning code any access to this property would have to be in the middle of the property, noting that access points have to be a minimum of 150’ apart. He noted that with the traffic coming from Woolfort it would not be prudent to have the two access points 30 to 40’ apart. He noted the Church traffic that would occur on Sunday, saying that the access point would have to be either from Woolfort or from the middle of the property. Commissioner Brannen stated that even with the zoning there are questions regarding the R-1 and the R-2, adding that he would like to see this delayed until there is more planning developed surrounding the project. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. Chairman Young stated that there have been a lot of comments from the Commission and its desire to see the R-1 remain single-family as a buffer, as was presented at the previous meeting. He asked Mr. Robinson if the developer would be opposed to returning with a revised rezoning plan. Mr. Robinson stated that the developer would not be opposed to leaving an R-1 buffer in the front of the property. He stated that the existing house would remain and would be made into a one-lot subdivision. He stated that the property behind the house would be preferably R-3. Commissioner Brannen moved, seconded by Commissioner Dollar to table the rezoning request until the next regularly scheduled Planning Commission meting. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a FINAL PLAT Foxwood Estates Mr. Tommy Bond noted that the subdivision has been before the Planning Commission and in the planning stage for three years, adding that the subdivision will consists of 24 lots as approved on the preliminary plat. He stated that the streets are in with the exception of asphalt paving. He stated that a bond would be posted with the City guaranteeing the street improvements. He noted that two plats are being presented, a final for the residential and a final for the commercial. He stated that Foxwood Estates is a gated community and all utilities, streets, and storm drainage inside the residential area will be maintained by an improvement district. He stated that the only utility the City would maintain is the waterline. He noted that outside the gate would be dedicated City street. He related that he is unaware of the development plans for the two commercial tracts outside the gate. He noted that there are bills of assurance for both Subdivision plats. He pointed out that the homes would be 2500 square feet and requires two car garages attached to the home. He stated that the smallest lot is 3.6 acres with lots that range up to 5 acres. City Planner McCulley stated that the residential plat does meet all bulk and area requirements, adding that compaction test were performed on site and met street requirements. He noted that the Subdivision consists of 117 acres. He then answered that all utilities have been approved and the bond is ready for the street asphalt. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. Mr. Bond then explained that some of the lots are divided, such as lot 17 and 17F, saying that it allows the house to be on a lot that is not in the flood plain. He added that four lots have an “L” designation, explaining that those lots will be presented to FEMA for a LOMA to be removed from the floodplain. In response to a question posed by Commissioner Gray, Mr. Bond related that the bill of assurance ties the split lots together so that the primary lot cannot be sold without the “F” designated lot being transferred as one unit. He added that the bill of assurance also states that any subdividing of a lot would have to be approved by the Planning Commission. Commissioner Gray moved, seconded by Commissioner Herbold to approve the Final Plat of Foxwood Estates with the proper bonding for the completion of street improvements. Mr. Bond stated that the bond is in the amount of $121,000 and the work will be done in the fall. At this time, MOTION CARRIED. b. Foxwood Commercial Subdivision Mr. Bond related that there are two tracts, saying that the same issue regarding sanitary sewer applies for these two lots as it does for the residential lots, noting that they will be served by the Improvement District. He stated that the commercial lots are included in the improvement district. He stated that the bill of assurance refers to the Planning Commission regarding zoning changes or restructuring of lots. City Planner McCulley stated that the commercial plat meets all bulk and area requirements, explaining that the asphalt bond would apply to the commercial subdivision. Commissioner Gray moved, seconded by Commissioner Howard to approve the Final Plat for the Foxwood Commercial Subdivision with the proper bonding for the completion of street improvements. MOTION CARRIED. ADDITION TO AGENDA: FINAL PLAT The Meadows Subdivision Commissioner Brannen moved, seconded by Commissioner Herbold to suspend the rules and add the Final Plat of The Meadows Subdivision. MOTION CARRIED. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. City Planner McCulley related that the developer has the streets completely graded and the sub-base is down, adding that he is waiting to lay the asphalt. He stated that the City has requested a bond for the amount of all the asphalt plus 25% of the rock sub-base because of heavy rains that may have washed away some of the rock. He related that the developer has bonded. He stated that the plat has met all specifications, noting that the City was waiting to receive the bond. He then answered that the bond is $203,000 for both asphalt and rock. Commissioner Gray moved, seconded by Commissioner Tom Evans to approve the Final Plat of The Meadows Subdivision subject to the posting of bond for asphalt paving and 25% of the gravel improvements. MOTION CARRIED. BUILDING PERMIT(S): ADDITION TO AGENDA: SITE PLAN: Emanuel Bible Church Commissioner Howard moved, seconded by Commissioner Tom Evans to suspend the rules and place the site plan for Emanuel Bible Church on the agenda. MOTION CARRIED. City Planner McCulley related that the property is not currently within the City limits, but it is within the City’s planning jurisdiction. He related that the Church is located on General Samuels in the County. He stated that it is the Church’s desire to be annexed into the City. He explained that the Church is in the process of acquiring additional acreage to the east, explaining that once the property is acquired they would like to be annexed into the City and zoned. He noted that once the property is acquired the Church would have eight acres. He noted that the site plan is part of the property the Church currently owns, and if approved the construction would be inspected by City inspectors to ensure proper standards are met. He stated that the proposed building is a 1200 square foot multi-purpose facility, noting that sewer would be the main issue. He explained that there is a sewer improvement district for the Base Meadows Subdivision and the Church would have to tie onto that sewer district. He added that the Church would also be required at some point to construct a sidewalk along the frontage of their property. He continued saying that the Church has requested special consideration for the sidewalk, explaining that since the plan is long-range and there will be funding issues regarding the sewer, the Church is requesting a two year delay of requirement to construct the sidewalk. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. In response to a question posed by Commissioner Dollar, City Planner McCulley concurred that the plan does comply with City of Jacksonville landscaping requirements. City Planner McCulley reiterated that the development plan is long-range with plans for the acquired acreage. He noted that regarding water plans; there is a 2” waterline on their side of General Samuels that can adequately serve the Church and the proposed building. He then explained there is a larger waterline on the other side of General Samuels that would require boring across General Samuels to gain access regarding any future development. Mr. Jerry Helms of Emanuel Bible Church stated that he has spoken with Base Meadows developer Greg Heslep who assured him that the Church could tap into the sewer line for the new building. He then related that Mr. Heslep has stated that it might be possible for the Church to do a manhole and go directly to the pump house where the sewer would go into the line that has already been constructed. He questioned if they could go directly to the pump house since they would have to do a manhole, saying that it would keep them from having to go into anyone’s yard. He went on to say that Mr. Heslep had related that there is an easement that they could go down for a direct line to the pump house. City Attorney Bamburg clarified that it would have to be approved by the Improvement District, adding that it would also have to be approved by the Wastewater Department. He referred Mr. Helms to Mr. Williams of the Wastewater Department. City Planner McCulley stated that any temporary waiver of sidewalk would need to set a date for completion. He restated that the Church has requested a two-year delay for completion. He stated that the sewer line would be a substantial investment for the Church so they are requesting a delay for the requirement of sidewalk along General Samuels. He noted that the area is sparsely developed and he does not foresee any immediate growth in the area. Commissioner Tom Evans moved, seconded by Commissioner Herbold to approve the site plan for Emanuel Bible Church waiving the sidewalk completion requirement for two years along General Samuels. MOTION CARRIED. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 2008 7:13 P.M. - 8:16 P.M. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Vice Chairman Young without objection adjourned the meeting at approximately 8:16 p.m. Respectfully submitted, _________________________ Susan L. Davitt 13