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10 JAN 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on January 11, 2010. Acting Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Bart Gray, Jr., Chad Young, Susan Dollar, John Herbold, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Acting Chairman Young declared a quorum. PRESENT (9), ABSENT (0). Others present for the meeting were City Engineer Jay Whisker, Tommy Bond, Aaron Robinson, Dickie Penn, interested citizens, petitioners, and press. Nomination of 2010 Officers: Alderman Howard moved, seconded by Commissioner Keaton to nominate Bart Gray, Jr. as 2010 Chairman of the Planning Commission. MOTION CARRIED. Chairman Gray took Chair position and facilitated the remainder of the meeting. Chairman Gray expressed his appreciation to the Commission for their confidence in his nomination to Chair. Commissioner Keaton moved, seconded by Commissioner Brannen to nominate Chad Young to serve as Planning Commission Vice Chairman and Board of Adjustment Chairman. MOTION CARRIED. Commissioners Joe Ott and Art Brannen volunteered to serve on the 2010 Board of Adjustment. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Young moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 14 December 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. REVISED SKETCH PLAT Penn Property, Lemac Drive Mr. Tommy Bond of Bond Engineering stated that there was a different plan last month, noting that it was the sentiment of the Planning Commission at that time to approve the plan with the developer following the bill of assurance of the adjoining Growing Pines Subdivision. He stated that Mr. Camp feels that having two-car garages puts him at a disadvantage in the market place. He related that the developer prefers to have a one-car garage. He related if this means not having a culdesac then Mr. Camp is prepared to provide access from Lemac Street. He stated that this is the only issue he is aware of, adding that a proposed bill of assurance has been submitted. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. City Engineer Whisker noted that Lot 19 is being proposed as a retention basin, making the subdivision consist of 20 lots. He then noted that the bill of assurance being presented does not provide for any garages to be attached to the 1000 square foot minimum homes. He stated that last month he recalled the minimum square footage of the adjacent subdivision, Growing Pines, to be 1100 square feet. He added that he feels residents of the Growing Pines Subdivision would feel best with a culdesac and matching development standards. Mr. Bond answered that the Growing Pines Subdivision Phase I is a minimum of 1100 square foot homes with two bathrooms and a garage to allow two passenger cars. Chairman Gray pointed out that there was a slight difference regarding the front brick facing. Mr. Bond stated that he believes the bill of assurance states that all exposed foundation on the street facing be covered with brick, stone, or a permanent siding. Chairman Gray noted that it is not typical for the bill of assurance to be presented with the Sketch Plat but added that it is being presented because of issues at the previous meeting regarding the development of the street. City Engineer Whisker suggested that the only other option would be to have two separate streets that culdesac each other. He noted that costs would be slightly more. Mr. Bond responded that a 97’ diameter radius becomes expensive to build. He reiterated that the proposed subdivision has a minimum 1000 square feet for the homes. City Engineer Whisker concurred with Mr. Bond that a culdesac is the developer’s preference but does not want to duplicate the bill of assurance for Growing Pines PH I. Mr. Bond answered that the development could be constructed with only a culdesac off Lemac, which would isolate the development from the Growing Pines Subdivision. He then pointed out that only 6” waterlines are on Southeastern, Stanphill, and Growing Pines Drive, adding that there are no waterlines on Lemac Drive. City Engineer Whisker stated that another option would be to “hammerhead T” off Penn Cove and build a culdesac off Lemac. Mr. Bond stated that it is the reverse of what was presented previously, saying that the culdesac would go from Lemac without connecting into Growing Pines. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. City Engineer Whisker stated that from a planning aspect, the important issue is to attach stub streets. Mr. Bond concurred that it offers better circulation regarding emergency traffic. He then noted that it is actually cheaper to build a straight street than a culdesac. Commissioner Young questioned the Master Street Plan regarding a through street. City Engineer Whisker stated that it would not matter, noting that the current subdivision has two accesses, saying that a third access would only help. He stated that the Fire Marshall did not have a problem with the second one, clarifying that a culdesac street versus a through-way helps with connectivity. He stated that he feels part of the issue is because there is a trailer park on the south side of Lemac Drive that has had problems in the past, adding that he is not sure the developer wants to connect to Lemac Drive. Chairman Gray noted differences in the bills of assurance as reason for discussion regarding presentation of the Sketch Plat, City Engineer Whisker concurred that the present sketch plat does meet City requirements. Chairman Gray noted that the Planning Commission has two sketch plats that meet City requirements, recalling that direction offered by the Planning Commission at the previous meeting was for the bill of assurance to be similar since the development would connect into the Growing Pines Subdivision. He suggested that perhaps the discussion for tonight should be whether or not to connect the Subdivisions and/or a different bill of assurance, which would require a third sketch plat. He pointed out that a third sketch plat with a reverse culdesac is not available for tonight's meeting. City Engineer Whisker stated that the biggest issue is that the developer is proposing slightly less than Growing Pines. He added that he feels ultimately the developer would like to have a culdesac off Penn Cove from the north leading south, but the garage is an issue. Mr. Bond reiterated that the developer would prefer access from Penn Cove but feels that in order to be marketable he needs to only have single-car garages. It was noted that with single-car garages the developer would have to gain access from Lemac Drive in order to protect the property owners in Growing Pines Subdivision. Chairman Gray stated that a third sketch plat would mirror the first would be presentable. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. City Engineer Whisker noted that the biggest problem would be some sort of turn-around at the end of Penn Cove where one does not exist now. Chairman Gray noted that there is only one driveway on Penn Cove. City Engineer Whisker stated that his concern would be any difficulties with trash pickup and the trucks having to go in reverse. Commissioner Herbold stated that he did not feel good about changing the bill of assurance, clarifying that he likes the idea of the development connecting to the end of Penn Cove. Mr. Bond noted that while the Planning Commission has oversight of review regarding the bill of assurance, as soon as the bill of assurance is recorded it allows the majority of property owners to change the bill of assurance. He stated that the City has no enforcement ability regarding the bill of assurance. Chairman Gray pointed out that the bill of assurance is at the purview of the developer and/or the owners of the lots as they are developed, however, the bill of assurance is part of the Planning Commission’s consideration in making decisions. He clarified that the Planning Commission does not have the privilege of crafting the bill of assurance, but does as a Planning Commission need to understand what is being proposed and make decisions based on that being presented. Commissioner Ott related previous discussions that centered on the new development being a gradual setback change from one subdivision to the next. He questioned if the proposed changes are fair to the residents of Growing Pines Subdivision. Mr. Bond stated that typically the Planning Commission does not review the bill of assurance during presentation of the sketch plat, recalling that it came up in last month’s discussion and the developer did not have the benefit of knowing that there would be any bill of assurance conditions until after the meeting. Commissioner Ott issued concerns of continuity in keeping the neighborhoods similar. Chairman Gray noted that Mr. Bond had projected a reverse culdesac off Lemac Drive as a potential option for future presentation. Mr. Bond stated that it would be easy to present that, noting that it would be the same as what the Planning Commission just reviewed only in reverse and would comply with the subdivision regulations regarding lot sizes and so forth. He stated that he believes it is within regulation to a 700’ culdesac, noting that this culdesac would probably be 550’. He stated that it would comply in every way with the City of Jacksonville subdivision regulations. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. Discussion ensued as to acceptability of a third option making the subdivision unique unto itself with access off Lemac Drive, allowing the developer to have a different bill of assurance from Growing Pines Subdivision PH I. City Engineer Whisker stated that normally he would not have mentioned that bill of assurance regarding a sketch plat but added that he felt it might become an issue. He related that sketch plat presentation is normally the phase when you try to identify any early potential problems. Mr. Bond noted that if the discussion had been delayed until the presentation of the preliminary plat then the developer would have already invested close to $50,000 and would feel much stronger about that. Chairman Gray noted that the previous sketch plat was approved contingent on the bill of assurance being revised to match Growing Pines PH I, adding that tonight there is a completely different sketch plat and the bill of assurance is not as was recommended and requested by the Planning Commission. He stated that there is an offer that has not been presented in sketch plat form to reverse the culdesac to accompany the bill of assurance that is being presented tonight. Commissioner Young moved, seconded by Commissioner Brannen recommend that the developer present a third option sketch plat with a reverse culdesac off Lemac Drive. MOTION CARRIED. b. SKETCH PLAT 1300 North James Mr. Dickie Penn stated that the lots facing North Jeff Davis would be standard 50’ X 100’ lots with a 5’ side yard setback. He offered that this would meet with an exiting City zoning. He stated that he is requesting a 15’ rear yard setback variance. He stated that the proposal meets front yard setbacks of 25’. He stated that he is proposing a mix of one and two car garages, adding that it would be single-family detached units offered for sale. He stated that the remaining three-fourths of the project propose access from Bertha Street, which is currently a closed easement. He explained that the access would come in on Bertha and loop around behind the old Gwatney house, noting that the Gwatney house would be two attached units. He stated that it would be similar to condominiums of approximately 1500 square foot homes. He stated that currently the house faces North James Street, explaining that they are proposing to remove the front porch and reorient the units to face the new interior street. He then related that the remaining lots have a minimum 20’ setback, which would be in conflict with certain zoning regulations except for a possible zero lotline. He stated that many cities offer PUD’s (planned unit developments), adding that this could fall into that guideline. He stated that this is being proposed more or less as a garden home project, adding that all the units will be for sale. He 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. stated that he is asking for several types of variances. He then related that previously he had presented a retirement development that was going to be owned and rental, explaining that financing was impossible. He noted that previously the development he proposed only showed 6’ total between the units, pointing out that with this proposal there is a minimum of 10’ between the houses with some having as much as 14’. City Engineer Whisker responded that the current zoning of the property is R-3, relating that the zoning would have to be changed at least on the North Jeff Davis side. He explained that Mr. Penn had related to him that the property on North Jeff Davis would be for sale. He then noted that 50’ X 100’ lot size would be an R-1A zoning. He surmised that the remainder of the property would have to carry some sort of planned unit development zoning. He stated that the Gwatney house being split would have to be some type of R-4 zero lotline. He noted that the street proposed to be 27’ back to back, to be owned by the City. Mr. Penn offered that if that is not acceptable it could be a private street. City Engineer Whisker demonstrated the location of Bertha Street on the north side of the project, which has a 50’ right-of-way but has not been constructed. He stated that he was not at the earlier meetings involving the project. Mr. Penn noted that the earlier project was scrapped, adding that this is an entirely different project, which is why it is being presented as a sketch plat. City Engineer Whisker stated that the project began with approximately 21 units, and then morphed into 27 units and then back down to about 25 units. He stated that originally the property was Brown Subdivision with six lots along North Jeff Davis that backed up to six lots along James Street for a total of 12 lots. He related that the property was owned by Mr. Gwatney who built his house and a tennis court on the property. He stated that the original plan had 26 or 27 separate houses and the development was going to be enclosed with a fence. He stated that the property was rezoned to R-3 and platted the property as one single lot, adding that he is unsure if that was recorded. Mr. Penn stated that it was not recorded. City Engineer Whisker stated that technically, there are still 12 existing lots and Mr. Penn is now proposing single-family smaller lots much like garden homes comparable to a development in Cabot, adding that he has not had an opportunity to view that yet. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. Chairman Gray reviewed that the property has been rezoned to R-3 and was subject to being approved as a single lot to provide for a unique multi-family development. He referred to City Attorney Bamburg for clarification regarding status of the property. City Attorney Bamburg stated that any action taken by the Planning Commission that does not comply with the rezoning of R-3 would require further rezoning of the property. He then clarified that the new zoning would require a mixed zoning or a PUD. Discussion ensued regarding the City having had PUD regulations at some time in the past. City Engineer Whisker noted that mixed use regarding Main Street was designated in an Overlay District. Chairman Gray suggested that the proposals be compared to established zonings to determine what needs to be applied to make this proposal presentable. Mr. Penn noted that the City has one zoning, which allows for a 20’ X 80’ lot, a zero lotline, which can be sold individually. Mr. Bond noted that the Code allows for 120’ of units before there must be a gap between buildings. Mr. Penn stated that while his development has odd sized small lots, they are bigger than what the City has in a minimum zoning. Chairman Gray stated that the improvements in the development that are different than what was previously presented is a new street of some form or fashion and actually the 12 lots are being proposed for new development. He questioned if the lots on Jeff Davis resemble the Brown Addition lots that were originally there. Mr. Penn answered that the lots are half as deep. Commissioner Brannen suggested that the sketch plat be tabled pending zoning issues. City Engineer Whisker addressed the earlier question, noting that the lots on Jeff Davis were originally 50’ X 190’, answering that the new lot proposal of 50’ X 100’ would be an R-1A zoning. Mr. Penn stated that the lots on Jeff Davis would comply with the zoning of R-1A except he is requesting a 15’ setback instead of a 25’ rear yard setback. He stated that this would allow for a larger structure. Commissioner Young noted that the side yard setback requirement for R- 1A is 6.5’. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. Mr. Penn stated that he would like to ask for a 5’ side yard setback but would concede to 6.5’, noting that he could make that work. Commissioner Young commented from a planning standpoint that while he likes the adapted reuse of the house, he feels that the overall plan is tight. He confirmed with City Engineer Whisker that all 12 lots are 50’ wide with lot depth between 190’ and 200’. Mr. Penn then answered that he does propose to have privacy fencing. He related that he had considered the zero lot line concept, which would leave a full 10’ or 12’ on the adjacent side. He stated that there would be no windows on the side that is on the lot line, adding that it could be the garage side. City Engineer Whisker stated that he had discussed with Mr. Penn the concept of designing them such as a duplex with a fire wall in-between and still be able to sell each half. Mr. Penn stated that he felt each buyer would rather have their detached home. Other discussion ensued as to the possibility of a single drive onto James Street. Mr. Penn offered an alternative design, saying that there is enough room between the fence and the road to build a turnaround before backing out onto James Street. He then noted that there are only two houses that would have driveways onto James Street. Chairman Gray questioned if the street is being proposed as a private street, City Engineer Whisker stated that those issues were not explored as yet because of this being only a sketch plat. City Engineer Whisker explained that utilities regarding Bertha Street may be somewhat of an issue, being cramped inside that area. In response to a question from Commissioner Herbold, City Engineer Whisker stated that the proposed layout will not fit into any of the zoning requirements currently offered by Code. He stated that Planned Use Districts were a development concept of the 80’s, noting that there have been several discussions and he is aware that Little Rock does PUDs and is specific to the subdivision. City Attorney Bamburg clarified that if the Planning Commission requests the creation of a PUD, the City Council could have that in place by the time of a preliminary is submitted. City Engineer Whisker reiterated that this proposed development does not match any zoning in the Code, explaining that when the development offers something special and unique as well as complimentary to the community it is usually passed when it doesn’t specifically match what is available. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. Mr. Bond stated that a PUD allows the Planning Commission the flexibility to approve a development like this. In response to a question from Commissioner Herbold, City Engineer Whisker stated that the houses across the street on Jeff Davis are zoned either R-0 or R-1. Commissioner Herbold noted that across from the proposed six houses there are only four houses covering the same distance. Mr. Bond stated that as he recalls those houses are not part of the Brown Addition, mentioning that it use to be the officers club for the Ordinance Plant. Chairman Gray requested that any further constructive issues be offered to the developer if there were a development Code that would fit the development. He noted the earlier concern regarding access onto James Street as an example of an issue that could be offered. City Engineer Whisker offered that he would request that the turns for James Street be on the developer’s property and not on street right- of-way. Mr. Bond clarified that the turnarounds for the driveways would need to be on the lot property, alleviating the need to have to back out onto James Street. Mr. Penn then concurred with Alderman Howard that there would be a sidewalk on Jeff Davis. City Engineer Whisker stated that there would be two sidewalks on Bertha that would attach, and a sidewalk on James Street. Mr. Penn noted that James Street has a sidewalk across the Street. City Engineer Whisker clarified that a sidewalk on both sides of the street would depend on the classification of the street. Mr. Penn added that he would request not to have to construct a sidewalk on James Street. Chairman Gray noted that the street is not a normal 50’ right-of-way; it is actually a 27’ street. Mr. Penn concurred that back to back the street is 27’, which is the same as in the Pennpointe Subdivision; however, it does not have the 11.4’ of easement. Chairman Gray noted that while untypical, visually it would appear the same. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. Mr. Penn stated that the garages are 20’ from the curb and the property line pins right at the back of the curb. He noted another development where the curb was poured into where the pin is. Mr. Bond commented that Sunnyside was constructed the same way. He added that in Sunnyside the right-of-way of the street is the back of the curb. Chairman Gray noted that this would be the differences without regard to zoning. City Engineer Whisker stated that the lot size and setbacks would be other considerations. In response to a question from Commissioner Young, Mr. Penn answered that the houses would primarily be brick or rock. He added that he is going to try and do steeper pitched roofs. He then concurred with Commissioner Young that he would be creating the feeling of garden homes or patio homes, low maintenance yards. Commissioner Young added that he would like to see some type of green space that would offer the children a place to play ball without having to play in the street. He stated that the development should have an amenity of central focus. Mr. Penn stated that he understands the concerns and wishes he had more room to work. Commissioner Young moved, seconded by Commissioner Brannen to recommend as the next step for Mr. Penn to return to the Planning Commission with a plot plan providing the layout and a division of the property into an actual zoning request so as to offer the Planning Commission a better concept of whether to proceed with individual zonings or an overall PUD. Commissioner Herbold clarified that the petitioner is not being asked to proceed with rezonings but to present a plan that would offer a better concept of what it would require if the property were to proceed with zoning reclassification. At this time, MOTION CARRIED. BUILDING PERMIT(S): GENERAL: 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. - 8:01 P.M. ANNOUNCEMENT: Chairman Gray recognized and welcomed new Commissioner Eric McCleary. He then recognized the reappointments of Commissioner Young and Alderman Howard. ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 8:01 p.m. Respectfully submitted, _________________________ Susan L. Davitt 11