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10 JUL 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. – 7:52 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on July 12, 2010. Vice Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Susan Dollar, John Herbold, Joe Ott, and Alderman Howard answered ROLL CALL. Vice Chairman Young declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were City Engineer Jay Whisker, Aaron Robinson, Mr. Tommy Dodson, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Howard moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 14 June 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE of C-3 property at 1516 South Hwy. 161 Lot 14, Bailey Addition for R-2 use Vice Chairman Young opened the public hearing at approximately 7:05 p.m. Mr. Tommy Dodson explained that the property is located on South Hwy. 161, adding that there is a house on the property that will have to be demolished. He stated that he was told that the property was commercial and he would need to request a conditional use in order to construct a duplex on the property. With no one to speak in opposition, Vice Chairman Young closed the public hearing at approximately 7:07 p.m. City Engineer Whisker concurred, noting that the older house is in disrepair and Mr. Dodson has expressed his desire to go forward with plans for new construction regarding a duplex. He related that there is housing mixed with commercial in the area. He explained that the property is located north of City Paint and Body on Trickey and South Hwy. 161. He noted that the property has houses on both sides of the property. In response to a question posed by Alderman Howard, City Engineer Whisker stated that the entire area of South Hwy. 161 is zoned commercial, explaining that most property owners want to retain the commercial zoning for resale benefit. He noted that Hwy. 161 is a high traffic area where commercial zoning is normal, adding that this property is located less than a block from Trickey Lane. He offered that he feels the proposed plan is an improvement to the property, saying that it is in keeping with the residential use of the area. He offered that the conditional use would exists as long as the 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. – 7:52 P.M. duplex is there, which he considers to be a long time. He then answered that the dimensions of the lot would fit for a normal duplex lot of 60’ X 100’. Commissioner Herbold moved, seconded by Commissioner Dollar to approve the conditional use of property located at 1516 South Hwy. 161 from C-3 to R-2 for a duplex. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): Landscaping and Site Plan for Courtyard Cottages Aaron Robinson of Bond Engineering presented the landscaping plan, stating that the plan meets all ordinance requirements. City Engineer Whisker stated that normally landscaping plans would come before the Planning Commission when it does not meet all requirements, adding that this plan does qualify and is part of the site plan as a whole package. Vice Chairman Young noted that the site plan had been tabled from the previous meeting regarding issues with street improvements. Mr. Robinson explained that sidewalks were added along Loop Road and Military Road as requested. He went on to say that they are still requesting relief from having to construct half-street improvements on Loop Road. He stated that due to the history in Jacksonville, whenever the front face of the building is not facing the main road or when there is internal parking and roadway, street improvements have not been constructed. He cited Foxwood Estates, which is on the same side of Loop Road that did not have requirements for sidewalks or half-street improvements. He went on to say that the subdivisions of Crooked Creek, Graham Settlement, or Jacksonville’s Industrial Park do not have sidewalks or half-street improvements. He also noted Forrest Oaks, pointing out that there were no half-street improvements on Harris Road and with Lost Creek there were no half-street improvements on General Samuels. He also cited Graham Woods as not having a requirement for half-street improvements on Graham Road. He noted the apartment development of Chapel Ridge saying that there were no requirements for sidewalks or half-street improvements on Stanphill or Military Roads, adding that there were no half-street improvements for Faith Subdivision on North First Street or sidewalks on Woolfort and the Meadows Subdivision had no half-street improvements to Cloverdale. He stated that to be the reason that they are agreeing to construct the sidewalk, but are asking for relief from having to construct half- street improvements on Loop Road. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. – 7:52 P.M. Vice Chairman Young stated that the Planning Commission needs to form a consensus on whether half-street improvements would be a standard requirement for all projects. He stated that half-street improvements should be a requirement otherwise it makes the City responsible for having to go back and construct those improvements. He asked City Engineer Whisker if the City is recommending acceptance of the landscaping and site plans. City Engineer Whisker concurred with the acceptance of the landscaping plan, saying that it meets Municipal Code. Commissioner Ott moved, seconded by Commissioner Herbold to accept the landscaping plan as submitted. MOTION CARRIED. PRELIMINARY PLAT and SITE PLAN for Courtyard Cottages City Engineer Whisker noted a change in the preliminary plat, saying that the developer would like to take 5’ away from the south side of the sidewalk on the north end of the project. He explained that the reason is that they do not want to have the sidewalk on their property with an easement; they would rather that the sidewalk be a right-of- way owned by the City of Jacksonville. He related that the existing sidewalk leads from Loop Road and goes to the north end of the property heading towards Murrell Taylor Elementary School. He explained that it take between 5 and 8 feet off the north end of the property, saying that the plat would be 5’ less along the north end which is a minor detail. He reminded the Commission that the preliminary plat would be the time to decide regarding half-street improvements. He then answered that the City maintains all existing sidewalks, while the adjoining property owners would own the grounds on either side. In response to a question posed by Commissioner Ott, City Attorney Bamburg clarified that there are specific requirements regarding the responsibilities for improvements. He stated that in the past there has been circumstance where project by project an assessment was determined. City Engineer Whisker offered that typically the decision has had to do with whether the road was projected to be widened. He stated that General Samuels is a busy road and at some point, it will be widened to a four-lane road. He then stated that Graham Settlement is on the corner of Graham and Loop Roads, explaining that Graham on the north side is getting widened and additional right-of-way was requested at the time of development for that project. He added that the additional right-of-way is being purchased to move forward with that road project. He reminded the Commission that per the conversation from the previous meeting, Loop Road on the west side is projected for widening and has 75’ of right-of-way for curb and gutter when that 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. – 7:52 P.M. project proceeds. He stated that the example would be First Electric who built curb and gutter on the east side of Loop Road because that side of the street is not a part of the 75’ of right-of-way necessary to complete Loop to four lanes. Vice Chairman Young questioned what would trigger the requirement for street improvements regarding new development. City Engineer Whisker stated that the subdivision regulations are clear, when development occurs next to a street then the developer is responsible for street improvements. Commissioner Herbold noted that some of the proposed buildings would face Loop Road. City Engineer Whisker concurred, saying that Mr. Robinson’s point was that the roads are internal to the development, which differs from when a house has access onto the street. He clarified that typically buildings within an apartment complex are not oriented to the street. He further clarified that Mr. Robinson is saying that everything about this complex is internal; therefore, the apartments really do not face the road. He acknowledged that some of the buildings do seem to be oriented towards the street. He stated that Mr. Robinson’s point is that you do not access the development from any point since it is fenced. He then answered that from the north edge of this property it is curbed and guttered in front of First Electric. Commissioner Dollar stated that she does not favor improvements being waived, adding that Mr. Robinson made that point earlier, saying at what point does the Planning Commission require curb and gutter. Commissioner Ott pointed out that the last time this was addressed was when Base Meadows developed another phase, noting that the reasoning was because it was a State highway. Vice Chairman Young questioned with the development being fenced was there any thought to access to the sidewalk without going out through the main access. Mr. Robinson stated that there would be no direct access from the internal sidewalk to the sidewalk around the development. He then answered that the intent was to keep everything internal and the development is not proposed to be gated. In response to a question posed by Vice Chairman Young, Mr. Robinson answered that he did propose the idea of street improvements between the two access drives and the developers were not opposed to that concept. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. – 7:52 P.M. Vice Chairman Young stated his feeling that it would be a start in the right direction even if the rest of the perimeter were waived. He then offered that the Commission might need a planning session to clarify what triggers the requirement of street improvements. In response to a question from Commissioner Herbold, Mr. Robinson answered that there would be approximately 220 feet from First Electric curb and guttering to where the curb and gutter would begin with this development. City Engineer Whisker interjected that he did not believe that curb and guttering on the north end was as major a concern. He noted that there is drainage in that area and the piping to achieve a flat surface without a ditch would escalate the development costs. Mr. Robinson explained that the problem with the north end is that there is a pipe running underneath Loop Road and three other pipes that come from First Electric on the north part of the property that runs underneath the existing sidewalk. He continued saying that the pipes are not parallel to each other but are separated, adding that it is easier to have an open ditch than it would be to build a lot of junction boxes to collect the pipes, connect them together and then build another pipe to another junction box to collect the last pipe. He stated that 220 feet of curb does not sound bad, adding that he had asked City Engineer Whisker if they did the curb and sidewalks, could they have an open ditch behind the sidewalk. He then related that there is sewer in that vicinity that they will have to address. City Engineer Whisker stated that his answer to Mr. Robinson was if the City is going to do half-street improvements then he wanted to have piping and a flat surface between the curb, gutter and sidewalk. He went on to say that if they want an open ditch it would have to be on their side of the fence to address drainage. He stated that he believes there were problems getting that to fit into the layout of the development. Mr. Robinson noted that with the sewer pipe being on the property and with the location for parking, it was not feasible to move the ditch. He cited the area in front of Bond Engineering and Durham’s strip center where curb and gutter was constructed with an open ditch behind that. He added that the only place piped was underneath the driveways. He offered that he did not feel that the developer would object to constructing the 220 feet of curb and gutter to connect to First Electric if they could have the open ditch behind the sidewalk. Vice Chairman Young confirmed that they would also be responsible for the street improvements between the two drives. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. – 7:52 P.M. Mr. Robinson concurred, saying that the only place where there would be no curb and gutter would be from the last drive to the intersection. Commissioner Ott mentioned that the sidewalk being further from the vehicles would be safer for pedestrian traffic. Mr. Robinson pointed out that you would have to cross the ditch to access the sidewalk from the road. Commissioner Ott moved, seconded by Commission Brannen to approve the preliminary plat of Courtyard Cottages stipulating that curb and gutter be constructed from First Electric through to the second southern access with sidewalks on Loop and Military Roads, allowing for an open ditch from the northern access to First Electric. Mr. Robinson clarified that the location of the open ditch would be behind the 220 foot from the northern access to the sidewalk that goes down to Murrell Taylor Elementary School. At this time MOTION CARRIED with Commissioner Dollar voting NAY. SITE PLAN for Courtyard Cottages Mr. Robinson explained that the first building at the north entrance encroaches over the 25’ setback, asking for a waiver of that setback. He then explained that once the 5’ of property on the north end of the development is deeded to the City, the building adjacent would also need a setback waiver. He stated that both buildings would require a 7 or 8 foot waiver. He then answered that there would be 17’ between the building facing Loop Road and the fence. City Engineer Whisker pointed out that it would be the reverse; the waiver for the building facing Loop Road would be 17’ and there would be 8’ from the building to the fence. He explained that the miscalculation occurred when the cord line was drawn on the site plan, noting that because of the direction of the internal street there was no way to move the building back to make it fit behind the setback. He further explained that the grant is specific to the number of units. He then answered Vice Chairman Young that there are no issues regarding access. He noted an emergency turnabout requested by the Fire Department. Discussion ensued as to the feasibility of turning some of the buildings and Mr. Robinson stated that it was considered but was determined that the parking area would be lost. City Engineer Whisker answered that a 17’ waiver is excessive regarding the typical request of waiver, adding that this is behind a fence and would not stand out like a waiver regarding a row of houses. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. – 7:52 P.M. Mr. Robinson then answered that the buildings would be single story. Mr. Burress addressed the issues regarding the fence, saying that the fence along Loop and Military Roads would be a 6’ powder coated steel picket fence. He then explained that the fence along the north and rear sides would be a 6’ opaque wooden fence. He stated that this would provide property control and security for the tenants. Alderman Howard moved, seconded by Commissioner Herbold to approve the site plan for Courtyard Cottages and a 17’ setback waiver for the building facing Loop Road and an 8’ waiver for the building located at the north end of the property. MOTION CARRIED. b. REPLAT Lot 14, Woodland Heights Subdivision Petitioner Jim Durham explained that the replat is part of a piece of property that belonged to a parcel that faced Red Fox Lane formally owned by Will and Tommy Bond. He stated that his home is on lots 14 and 15 of Woodland Heights, explaining that this would create a larger backyard for his home. He stated that even with his home having a 25’ front yard setback there is only a small area of backyard. He noted issues regarding the 10’ drainage easement that would be helped by having this property attached to his current property. City Engineer Whisker explained that the first six houses on the west side of Northeastern is on a metes and bounds, adding that the house this property currently belongs to was built on the east half of the lot. He continued saying that the west half of the lot is an open area. He explained that the proposal is to sell that property to Mr. Durham so another house could not be built on the vacant property. He stated that Mr. Durham’s property, being lots 14 and 15, back up to this property. He stated that the property would become one large lot and that would prevent an additional house being built on Red Fox Lane. He then answered that the only advantage to joining the properties is because of tax parcels. Mr. Durham concurred, noting that lots 14 and 15 were combined on one tax bill. He stated that the City Engineer has the authority to approve replats without having to run them through the Planning Commission but because of his position with the City and the Mayor’s transparency policy, it was felt this would be more in keeping with the goals of this administration. He related that his intentions are to replace the wooden privacy fence with brick fencing with decorative lightening. He then offered that he would install an automatic gate off Red Fox Lane providing access to the rear of his property, adding that the gate would carry the same setback as the houses on Red Fox Lane with a green area adjacent to the street. He then noted that there have been problems not being able to get out of his subdivision during heavy flooding on T.P. White, explaining that he would tie this 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. – 7:52 P.M. access into his existing driveway allowing for emergency access for neighbors or the Police. He assured the Commission that it would be positive improvements for the property. Commissioner Herbold moved, seconded by Commissioner Brannen to approve the replat of Lot 14, Woodland Heights Subdivision. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Vice Chairman Young without objection adjourned the meeting at approximately 7:52 p.m. Respectfully submitted, _________________________ Susan L. Davitt 8