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08 OCT 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on October 13, 2008. Chairman Traylor opened the meeting at approximately 7:07 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Charles Evans, 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 City Planner Chip McCulley, Mr. Aaron Robinson, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Howard moved, seconded by Commissioner Young to approve the minutes of the regularly scheduled Planning Commission meeting of 11 August 2008. MOTION CARRIED. PUBLIC HEARING(S): REZONING Tract 2, Hwy. 161 from C-3 to R-3 Chairman Traylor opened the public hearing at approximately 7:08 p.m. City Planner Chip McCulley noted that multi-family is adjacent to the north of the property. He stated that the property is currently zoned commercial; adding that he feels the zoning of R-3 would be a good transition to have multi-family between existing residential properties. Mr. Wesley Vaught of Infinity Home Builders stated that he is proposing to construct multi-family units, pointing out that there is existing multi-family adjacent on one side. Mr. Marc Daniels, current property owner, offered his permission for Mr. Vaught to request rezoning regarding Tract 2, Hwy. 161, stating that he lives directly behind the property and supports the request to rezone. In response to a question posed by Commissioner Gray, City Planner McCulley stated that the property would be platted and a site plan for the multi-family development would need to be approved by the Planning Commission. In response to a question posed by Commissioner Gray, Mr. Daniels stated that both lots have been in his family for a longtime, adding that both lots combined are 2/3 of an acre. He added that his residential lot is 1/3 of an acre. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. Commissioner Gray noted that the development would be a subdivision. Mr. Daniels added that the properties were surveyed separately. He stated that the residential property was purchased separately. Commissioner Gray moved to approve the rezoning request from C-3 to R-3 as requested. Commissioner Herbold stated that when he drove by the property he did not see any signs posting the rezoning. City Planner McCulley stated that the property was properly posted. Commissioner Charles Evans seconded the motion and MOTION CARRIED. Commissioner Gray asked the developer to meet with City Planner McCulley regarding a subdivision plan. Chairman Traylor closed the public hearing at approximately 7:19 p.m. REQUEST TO APPROVE PLAT(S): a. REPLAT Lots 2, 3, and 4 Block 1, Edgewood Subdivision Mr. Lloyd Friedman related that the property is located at 800 James Street, the corner of Hwy. 167 and James Street. He explained that the property consists of three lots with a utility easement that runs through the middle of the property. He stated that he is replatting the property to remove the easement and change the property to one larger lot. He stated that when the property was originally platted in 1950 it was three residential lots, which is why the property has an easement. City Planner McCulley stated that he researched the easement and the only utility that is there is a dead end sewer line that will have to be relocated. He continued saying that Mr. Friedman is aware of that issue, relating that Mr. Friedman would have to remove the manhole and relocate the sewer line into the right-of-way. He stated that the utilities are fine with removing the easement and are willing to go into the right-of-way. He stated that Mr. Friedman’s plan is to relocate his office, adding that the proposed use does meet with the current zoning designation. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. Commissioner Gray moved, seconded by Commissioner Howard to approve the replat of Lots 2, 3, and 4 Block 1, Edgewood Subdivision as requested. MOTION CARRIED. b. PRELIMINARY PLAT Faith Subdivision Mr. Aaron Robinson of Bond Engineering noted that the property had been before the Planning Commission previously including a request to rezone, adding that all recommendations have been incorporated into the preliminary plat. He noted that access was moved to Woolfort Street, the buildings were pushed further apart, includes a park area, depicts access of rear loading to lots 1, 2, and 3 to prevent driveways off North First Street, and there will be half street improvements to North First Street and Woolfort. City Planner McCulley informed the Commission that the property was addressed in the Board of Adjustment meeting, which occurred just prior to the Planning Commission meeting, explaining that the Board of Adjustment approved a minimum rear yard setback of 10’ in order to keep the required code setback of 25’ for the front yards. He added that the City is requesting that the street remain private, because it is a one-lot private development. He related that the Wastewater Department has expressed some concerns regarding the sewer plans, inviting Bob Williams from Wastewater Utility to address those issues. Mr. Bob Williams informed the Planning Commission of an issue obtaining access to the connection points, explaining that the Sewer Commission acted Friday at their regular meeting to approve the development contingent upon Health Department approval and the developer being able to obtain a sewer easement across the Church property on the north side, to attach sewer onto an existing line on that side of the property. He noted that this is what the developer is proposing; adding that if that happens then the Department has no problem with the development. City Planner McCulley stated that it is the City’s recommendation that the property line of lot 1, on North First Street, connect to the private drive in the development. He stated that the drive needs to either be a part of the property by a dedicated access easement or be an actual part of the legal description of the lot. He clarified regarding the three single-family residential lots that all points of access would need to be treated the same. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. Mr. Robinson stated that the developer would not have a problem with providing, if required by the Planning Commission, an access easement to lots 1-3. He then explained that since the City had requested that no driveways have access off North First Street and the three residential lots have rear access; the developer is asking that the City take over the street because of the three single-family lots off the street. He reiterated that the developer is requesting that the street become a City street. He stated that the street is proposed to City standards, noting that it has a 50’ right-of-way, 27’ back to curb - back to curb, and a 48.5’ radius for the culdesac. In response to a question posed by Commissioner Young, Mr. Robinson clarified that the single-family homes would face North First Street. He then answered that the park area would be offered for acceptance to the Parks Commission, further explaining that the park and detention areas were switched north and south in the final layout. He stated that the only issue regarding sewer is to work with the Church to obtain an easement across their east property line. He added that it would benefit the Church because they could not develop any further east without building a sewer line, which would be constructed by Rory Smith in the process of this development. In response to a question posed by Commissioner Young, Mr. Robinson agreed that it was the plan to fence all sides of the development excluding the North First frontage. He then added that he is not totally sure regarding the type of fence, saying that the developer had talked about building a brick column type fence, but added that it may end up being a wood picket type fence. He then answered Commissioner Young, that they are not proposing sidewalks, adding that culdesac streets are not required to have sidewalks. He also noted that if accepted, the developer is dedicating the north half of Woolfort. Discussion ensued regarding sidewalk requirements for North First Street and City Planner McCulley offered to research and determine if North First would be a street to have sidewalks on both sides of the road. He then added that sidewalks would not be required within the multi-family development. Mr. Robinson answered Alderman Howard that the development would meet the landscaping requirements for an R-3 zone. Commissioner Gray clarified the portion of street right-of-way being proposed for dedication. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. Mr. Robinson noted that the measurements for lot 3 show a 25’ right-of-way 142.4’ deep. Commissioner Young recalled in reading his notes that the Planning Commission requested a fence on all sides of the R-3 multi-family portion of the development and reconfigure lots 1 and 2, street improvements for Woolfort, sewer approval before final plat approval, and adherence to the landscaping and sidewalk ordinances. It was then agreed that conditions would include half-street improvements on North First Street, which Mr. Robinson concurred is shown on the plat. Mr. Robinson questioned the reconfiguring of lots 1 and 2. Commissioner Young related that City Planner McCulley had mentioned that the property line would extend to the corner of Supreme Court Drive. Mr. Robinson questioned how that would be possible since that property is part of the R-3 zoning. He stated that in order for it to be part of the residential lot it would have to be rezoned back to R-1. City Planner McCulley noted that it could be prescribed as an access easement, adding that there should be an easement for lots 1, 2 and 3 to keep the access from being cutoff. Mr. Robinson stated that the other concern he would have would be the fence going along the west R-3 property line with the three driveways. He added that a continuous fence would not be possible with the residential driveways to lots 1, 2, and 3. Discussion ensued regarding the street and the developers desire to construct the street to City standards and have the street dedicated to the City for future maintenance. City Planner McCulley noted the applicant’s point that the street would be accessing three additional residential lots as well as the multi-family development. He stated that when a street accesses one property-one owner that is when the City makes the request that the street remain private. He stated that he would prefer the street be dedicated to the City than to have the three residential driveways be accessed from North First Street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. Commissioner Gray pointed out that lots 1, 2, and 3 could be redrawn to meet the street and that portion could be public and the rest could be private. Discussion ensued and Mr. Robinson reiterated that the developer would prefer that the street be public. City Planner McCulley concurred with Chairman Traylor that the City would prefer that the street be public rather than have the residential lots accessed directly from North First Street. Commissioner Gray moved, seconded by Commissioner Young to approve the Preliminary Plat of Faith Subdivision, stipulating a fence on sides to adjacent properties of the R-3 multi-family portion, access easements for the adjacent residential lots, that a gate be provided regarding the 10’ Fire Department access easement, half street improvements for Woolfort, final sewer approval from the Wastewater Department before Planning Commission final plat approval, adherence to the landscape and sidewalk ordinances, and that the street Supreme Drive be constructed to City standards and dedicated as a public street. MOTION CARRIED. c. SKETCH PLAT Northlake PH XIII & Northlake Gardens Mr. Tommy Bond related that the area is located by Oneida Street just before coming to the bridge going into Sherwood. He further referenced that it is right before the levy where Lake Lorene begins and across the street from an existing apartment complex. He stated that garden homes seem to appeal to older and younger residents that do not have children and want a smaller residence. He stated that this is the same discussion the Planning Commission had when considering Foxwood Gardens. He stated that the developer is proposing a limited space of 14 lots. He added that the development would feature five lots on the lake, adding that the new phase XIII would have eight new lake lots. He noted that work on the lake would begin in the next dry cycle to finish the lake. He concurred with Commissioner Herbold that the area is currently zoned R-0 and would require a rezoning to R-2. He stated that if the sketch plat is approved, they would return with considerations for the rezoning. He then answered that phase XIII would be a continuation of the homes that are currently in the area. In response to a question posed by Commissioner Charles Evans, Mr. Bond stated that generally speaking a garden home has a minimum amount of lot, adding that his concept is that the homes CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. range from 1100 to 1500 square feet. He stated that he feels with the appeal of the lake these may have up to 1800 square feet, but added that the market will dictate the square footage. He explained that he feels garden homes are for people who are older and do not want a large yard to maintain and want a smaller residence. He stated that he feels garden homes have a great appeal for the Jacksonville area because he feels there are a good number of residents that are older. He stated that the homes would be of a high interior and exterior quality, stating that is part of the appeal to this market. He then answered that the garden home development would have sidewalks. Commissioner Young moved, seconded by Commissioner Charles Evans to approve the Sketch plat of Northlake PH XIII and Northlake Gardens. MOTION CARRIED. d. FINAL PLAT Foxwood Gardens PH I Mr. Tommy Bond noted that the property has been under development for approximately one year, adding that the street and sidewalk are finished, the sewer and water as builts have been submitted. In response to a question posed by Commissioner Herbold regarding the berm, Mr. Bond stated that he did recall discussion with Mr. Wilson regarding that berm but did not feel he could answer questions regarding completion of the berm. Mr. Bond answered Commissioner Young that access for lots 1, 2, 3 and 4 would be off Woodhaven Court, adding that there would be two out lots that would be filed as a Foxwood plat. He explained that the reasoning is because of the difference in bills of assurance. He stated that the development has sidewalks and a traffic roundabout. Commissioner Charles Evans moved, seconded by Commissioner Herbold to approve the Final Plat of Foxwood Gardens PH I stipulating berm construction completion prior to future phases being approved. Mr. Bond noted that there is a power line in that area, which may come into play, explaining that it could affect the power line clearance. He clarified that the power line runs along the back property line. He assured the Commission that the delay in the berm is an oversight and not an intentional effort, adding that the only issue would be if it affects the power line. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. City Planner McCulley answered that the berm requirement would not affect this portion as a final plat but added that as the developer continues with additional phases, the stipulation of a berm would be part of the Planning Commission’s purview. Commissioner Young recalled the agreed upon stipulation of a combination brick and wood type fence around the development. Mr. Bond clarified that the developer is proposing to build two or three model homes to be used as sales tools and depending on sales to continue developing outwards. He reminded the Commission that the build for the berm would come from the man-made lake being proposed, which would be in a subsequent phase. He offered that Mr. Wilson might want to post a bond or provide a letter of credit to guarantee construction of the berm when the lake is built. It was clarified that the motion on the table is to approve the Final Plat of Foxwood Gardens PH I, contingent upon a letter of credit being submitted to guarantee berm construction before any further phases of Foxwood Gardens will be considered. At this time MOTION CARRIED. Commissioner Evans pointed out that with removal of the trees, the noise factor has increased dramatically, advising that the sooner the berm is completed the better. e. PRELIMINARY PLAT Heritage Park Mr. Bond corrected that it should be considered a sketch rather than preliminary plat. He informed the Commission that it was submitted as a preliminary plat in March of 2003. He noted that the property belongs to Ted Camp and Jim Peacock. He stated that the issue in 2003 was money; saying at that time, City Engineer Whisker had requested that the developer build half street improvements, storm water and utilities, adding that the economics were not there. He explained that those costs ran up to approximately $15,000.00 per lot, pointing out that lots in the development across the street sold for approximately $18,000.00 to $20,000.00. He related that Mr. Camp is proposing to develop the property and build houses. He added that he is asking the Planning Commission to consider allowing some changes so that they could reduce the development costs. He related that it was the hope of the developer to possibly negotiate the elimination of half street improvements on Loop Road. He CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. explained that Loop Road was designed for a four-lane street, saying that the two lanes that are built now would be the two lanes that would be the outside lanes. He stated that the west side of the edge of the road is on the centerline of the right-of-way, so when the road was made into four lanes it would expand to the west. He stated that adding half street improvements would make development fiscally harder to accomplish. He noted that the lanes were originally planned to be on the opposite side toward Graham Settlement, adding that it was constructed that way all the way around up to where it is four lanes now. He further noted that the County built the road approximately 30 years ago. He related that the lots are proposed to be 60’ wide with houses comparable to Graham Settlement. In response to a question from Chairman Traylor, Mr. Bond answered that City Planner McCulley and himself have discussed an alley for access. He explained that it would basically be an 18’ alley, developed not to City standards that would provide access from the rear of the lots. City Planner McCulley explained that the access would come off Graham. He stated that there may be a need for a mid-block access to cut through that would require more land, adding that he is aware there are economics involved. He noted that the alley would have to be adequate for trash trucks. Mr. Bond stated that another thought would be if the Planning Commission would entertain the ideal of a front sidewalk down Graham Road to offer access to the houses, but visitors would park to the rear with no front driveways. In response to a question posed by Commissioner Young, City Planner McCulley stated that he would recommend one access mid-block and one to line up with the road on Graham Road, offering that there could be a hammerhead or culdesac at the end to turnaround. Commissioner Gray questioned the development potential for the land directly to the east. Mr. Bond noted that just up to 100’ past the old church is in the old flood plain, so the land immediately behind is private and not negotiable. City Planner McCulley questioned the feasibility of dedicating 25’ of right-of-way in case property to the east were to ever develop the City would have the option of developing a street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. Mr. Bond stated that he did not feel it would be a big issue to dedicate 25’ of right-of-way and then the alley could be included in that dedication as a public alley. Commissioner Gray noted that as far as planning they would need to consider that there is the potential that further development could benefit from the dedication. Discussion ensued and the street in front of Western Hills was mentioned as an option. City Planner McCulley stated that the sewer plans were submitted, noting there was a set of approved plans from 2003. He added that he felt the developer could use the same set of plans, but would need to get new permit approval from the Wastewater Utility. He noted that the sewer is across Loop Road, noting that it would cross Loop Road once and then run down the length of the property. Discussion ensued regarding fencing issues and the dedication of right-of-way. City Planner McCulley noted that many other communities are approving rear load houses with alleys, adding that the garage could come out with the driveway and the fence would come off the side of the garage. Mr. Bond noted that the next phase of Foxwood Gardens would have a rear load alley. City Planner McCulley noted that there are restrictions for the type of house that can be built with a rear load garage, adding that he has seen rear load houses with large fenced in back yards. Mr. Bond pointed out further consideration for not requiring Loop Road half street improvements, citing Mr. Porter’s North First Street development, saying that it is almost impossible to make a decent street that was not designed for curb and gutter. He noted that it is difficult to make the curb match the street. He clarified that it is almost impossible to take an old street that was not designed to have grade and put a curb beside it that has to have grade to function. He stated that it does not turn out very well aesthetically. He stated for that to work it needs to be designed with curb and gutter. He stated that half street CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. improvements for a small section, typically do not turn out well. He stated that the street would have to be redesigned and rebuilt in order to work. City Planner McCulley stated that parking for the alley would need to be considered since vehicles would not use half street improvements to park. Mr. Bond added that the driveways would afford a visitor parking without parking in the alleyway. He then answered that the development would have underground utilities. It was then noted that the property would have to be annexed into the City. Mr. Bond then answered Commissioner Herbold that even with the dedicated 25’ of right-of-way in the rear, the lots would still have 7200 square feet to meet lot requirements. He stated that the lots are 188’ deep going down to 174’. He noted that the lots would still be 150’ deep. Chairman Traylor questioned if there would be enough room to develop a street that would run to the east side of the lots and have the lots facing that street. Mr. Bond stated that if you build a full street you only get half loading and you have doubled the costs in developing the lots. He then added that there would be room. Chairman Traylor noted if there were further development, the street and houses would be facing the development as opposed to having an alley between them. Mr. Bond conceded that point, clarifying that Chairman Traylor is saying the development could back up to Loop Road and have the houses face a newly developed street. Commissioner Young pointed out that if the mailboxes were on Loop Road, the only time a person would use their front walk would be to get to their mailboxes. Discussion ensued regarding making the alley into a standard City street. Mr. Bond asked the Planning Commission to consider not requiring any improvements on Loop Road, and allow the developer to do a half street with curb and gutter on one side. A 23’ asphalt street with curb and gutter on one side, explaining the developer might be able to make that work economically. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. He added that any future developer would be responsible for the other curb and gutter. Discussion then ensued as to a tie into Loop Road at the other end of the development. Mr. Bond asked for an opportunity to research the economics to see if this design plan can work. City Planner McCulley stated that if the development is facing away from Loop Road he does not have a problem with foregoing improvements on Loop Road, adding that the Highway Department is looking at improving the intersection that will extend out roughly two or three lots and there are four lanes down the road. He stated that Mr. Bond is right, in the future it is designed to connect the dots and it makes sense. Mr. Bond noted that there were not any improvements other than dedicated right-of-way regarding the Graham Road Subdivision development. He then noted that a sidewalk was built on Graham Road and Loop Road. City Planner McCulley noted that the sidewalk would need to be considered for Loop Road. Discussion ensued if the Planning Commission waived half street improvements regarding the Graham Road Settlement; Mr. Bond stated that he assumed it was waived. Further discussion ensued regarding the underground utilities. Commissioner Young moved, seconded by Commissioner Herbold to approve the sketch plat of Heritage Park with stipulations. Mr. Bond noted that the sketch plat would be revised to show right-of-way on the east property line with a half street construction that would be for future use by the adjoining property owner, no improvements to the Loop Road side. Commissioner Young offered that Loop Road would need a sidewalk. Mr. Bond negotiated that the developer might be able to afford to put a sidewalk on the new street or Loop Road but not both. He noted that there is already a sidewalk on the opposite side of Loop Road, adding that he feels a sidewalk on the new street would be better served. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 2008 7:07 P.M. - 8:30 P.M. Commissioner Young moved, seconded by Commissioner Herbold to amend the motion and table the sketch plat for Heritage Park pending a revision and resubmittal. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:30 p.m. Respectfully submitted, _________________________ Susan L. Davitt