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98 JAN 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1998 7:00 P.M. - 8:20 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. In the absence of Mayor Swaim, Commissioner Bart Gray called the meeting to order for the purpose of electing a chairman, vice chairman and two members to the Board of Adjustment. Commissioner Hardwick moved, seconded by Commissioner Walker that Bart Gray be nominated by acclamation. Commissioner Walker moved, seconded by Commissioner Hardwick that nominations cease. MOTION CARRIED. Chairman Gray expressed appreciation for the nomination and pledged that he would be glad to serve during the coming year. Commissioner Corroum nominated Art Brannen whose term ended in 1997. Commissioner Hardwick moved, seconded by Commissioner Walker that Mark Perry serve as Vice Chairman of the Planning Commission and Chairman of the Board of Adjustment. Commissioner Walker moved, seconded by Commissioner Corroum that nominations cease. MOTION CARRIED. Commissioners John Hardwick and Bob Walker volunteered to serve as members of the Board of Adjustment for the year 1998. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker, Mark Perry, and John Hardwick answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT SEVEN (7), ABSENT (0). (Two openings on the Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Marci Wilson, Aldermen Keaton, Mickey Anders of the Chamber of Commerce, Fire Chief Rick Ezell and Fire Inspector Charlie Pope, petitioners, and a member of the press. PUBLIC HEARINGS: 7:00 P.M. Rezoning of a parcel of land located on Redmond and General Samuels Road (Exhibit "A" being the East 585 feet from M-2 to C-3, General Commercial and Exhibit "B" being the West 700 feet from M- 2 to R-3, Multi-family) so designated in a drawing submitted to the City Clerk. CITY OF JACKSONVILLE, ARKANSAS 1 REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1998 7:00 P.M. - 8:20 P.M. Chairman Gray opened the public hearing at approximately 7:05 p.m. Mr. J. C. James, Associate Broker with Smith and Associates, represented the petitioner, Mr. J.L. Lemmon of Bentonville, Arkansas, President of J.L. Properties, Inc., a real estate developer. He expressed that there is approximately eleven (11) acres on which Mr. Lemmon desires to build a fifty (50) unit apartment complex and a covenient store. A plan was submitted to the Commission by Mr. James regarding the project. He introduced Mr. Jim Lemmon who presented a sketch to the Commission showing a twenty (20) ft. natural buffer of trees along General Samuels Road. He explained that plans are to construct the fifty (50) unit apartment project on the western portion of the property which will appeal to people of above average income levels. He pointed out that a convenient store is planned to be constructed on the immediate corner of General Samuels and Redmond Rd. He pointed out that the remaining land is requested to be zoned commercial and will be developed as demand arises. He pointed out that in 1978 the parcel was purchased by a company known as Butcher Boy Foods and that since that time has lain dormant adding that he has the property under contract to purchase. Mr. Larry Hamshire and Mrs. Beth Hamshire of 2800 General Samuels Road, both expressed concerns for the following; privacy of residential homes in the area, designation of 2.3 miles of industrial zoning with regard to land use with the possibility of spot zoning if approved, and traffic increase with apartment dwelling in the area. He expressed appreciation for all development within the City. Mr. Patrick King of 3300 Mary Street did not favor the apartment complex in that the possibility of crime would increase and devaluate homes in the area. Chairman Gray closed the public hearing at approximately 7:25 p.m. Rudy Reid declined to enter in the discussion and voting process due to the fact that he might be personally involved through the employment of his wife with Smith and Associates. Commissioner Hardwick asked about the availability of M-2 land in the City. Mr. James pointed out that he is aware of forty (40) to fifty (50) acres of M-2 zoned land available for industrial expansion. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1998 7:00 P.M. - 8:20 P.M. Chairman Gray recognized Mr. Mickey Anders who voiced that the availability of industrial land is a serious and critical issue for the City of Jacksonville pointing out that there is a one quarter acre tract that has a contract on it, a seventy (70) acre tract that is developable that the foundation has control over. He said that there is one other tract that is privately owned pointing out that the city has sold ninety (90) acres of industrial property in the last year. City Engineer Reel pointed out the location of the parcel on the land use map. Mr. Lemmon stated that he has developed four other similar sites, one other in Jacksonville. He said that he feels it is a better housing development for communities rather than a two or three hundred unit complex. He said that those proposed in the request are not luxury apartments. He related that information regarding apartment complex construction in the City indicates that the last was done in the early 80's. Mr. Hardwick questioned separating the request into parts and dealing with each individually. Mr. Lemmon stated that he preferred to have the request acted upon as a whole. Design was questioned by Commissioner Corroum in relation to the overlay zoning and Chairman Gray pointed out that in the rezoning request a consideration for building would not be a factor. He said that the overlay zoning would submit to present zoning unless the community gets more restrictive in their requirements. He related that the AICUZ Study would be predominantly for those undeveloped areas. Commissioner Hardwick voiced that he felt the availability of M-2 zoned land first needs to be addressed before any change in zoning of the parcel noting that he was sensitive to the concerns of homeowners regarding apartments. He also pointed out that permitted uses in M-2 zones might be worse. Commissioner Nixon voiced concerns with regard to the apartment complex and increased traffic in the area as well as M-2 zoned land availability. Commissioner Nixon moved, seconded by Commissioner Hardwick to deny the rezoning request of Mr. J.L. Lemmon for the rezoning of a parcel located on General Samuels and Redmond Rd. legally 3 described CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1998 7:00 P.M. - 8:20 P.M. in the minutes of this meeting as Exhibit "A". MOTION CARRIED. Rudy Reid abstained from the voting process. Chairman Gray explained that a permitted use for commercial (C-3, C-2 which would require a variance) might be applicable in the event the commercial (convenient store) endeavor is pursued in response to comments from Mr. Lemmon. Consideration of the commercial zoning as requested was not given any other consideration by the Planning Commission. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Perry to approve the minutes of the Regular Planning Commission Meeting of November 10, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLAT: PRELIMINARY & FINAL PLAT LOTS 7 & 8 SCENIC BLUFF SUBDIVISION Mr. Tommy Bond represented Mr. Jim Lemmon, developer. He related that a similar complex and convenient store is planned for lots 7, zoned for multi-family, & 8, zoned C-3, of Scenic Bluff Sub. He said that sewer availability would be from Gravel Ridge which would be addressed in a site plan whenever the developer gets to that stage and would be brought back before the Commission. Chairman Gray voiced that the request of the Planning Commission at the last meeting was for a preliminary plat which should provide information for the implementation of all the utilities making sure the Commission has the plan pointing out that a final plat should show finalization of the improvements for street and drainage plans and presentation of letters concerning approval for utilities. Mr. Bond stated that all improvements are in place until there is some development. He said that no sewer is available until a development plan of how much is needed has been finalized. Mr. Bond said that final plat approval is desired so that financing can be finalized. He said that the lender prefers to deal with a final plat. It was pointed out that the property is on a metes and bounds legal description. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1998 7:00 P.M. - 8:20 P.M. Mr. Lemmon stated that there was an oversight at the time the property was purchased; that in presentation of paperwork, lots 7 and 8 were indicated as platted. He said that he learned later that the lots were included in a preliminary plat, originally presented to the Planning Commission by Mr. Ben Rice, as the Jackson Heights Subdivision. He said that preliminary plans are underway for a development plan noting earlier contacts with the Water and Sewer Districts in the area. He added that he intends to develop according to City ordinances and plans. It was noted by Commissioner Hardwick that at the last Planning Commission meeting a request for a new Preliminary Plat was made and he pointed out that the original preliminary plat had expired. City Engineer Reel related that the Water Commission has agreed to work with Mr. Lemmon with regard to getting adequate water out to that point. Mr. Bond stated that the particular issue was discussed by the Water Commission at a meeting on 22 January 1997. He said their minutes reflect that at that time, a similar apartment complex was proposed and the Water Commission proposed that a six (6) inch line be installed to replace a two (2) inch line now in place. He related that the Commission offered to pay the difference between a six (6) and an eight (8) inch line to provide adequate service for the development. He said that Mr. Koops ran a model of flows which indicated 918 gallons per minute at the top of the hill. He said that the Water Commission in their minutes reflected that 1000 gallons per minute was needed for adequate supply to the area. He said that, subsequently, Fire Chief Rick Ezell feels greater flow is needed in accord with what is built. Mr. Bond said that there is a two inch line with a blow off which ends at the corner to lot 8, the configuration being changed since first presented to the Commission in a preliminary plat of the Jackson Heights Subdivision. He said that there is an eight (8) inch line to the last street in Jackson Heights and that a two (2) inch line, on the north side of General Samuels, has been extended all the way down to the intersection. He said that the issue will be discussed at the next meeting of 5 the Water Commission. He added that a stand pipe or some type of elevated storage may be requested for the development. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1998 7:00 P.M. - 8:20 P.M. He said that there is adequate water protection for residents with the help of water pressure from North Little Rock. Fire Chief Ezell voiced that the area, approximately three or four years ago, is one where a moratorium restriced building residential due to the lack of fire flows. He related that ISO tested the area recently and that pressure was found to be very low. He said that he met with the Water Commission and expressed that the water flow needs to be increased to 2500 to 3000 gallons per minute for this type of commercial development. He said that the code would reduce that if the property developer would install automatic sprinkler systems. He related that he is concerned with commercial development when the minimum is met with regard to residential already on the system. He said that pressures there now depend on the North Little Rock system which could be reduced for 48 hours adding that a minimum of 20 PSI is required when flow is taking place and if PSI goes below the minimum, the risk of contamination is present. He related that if the developer comes up with automatic sprinkler protection, automatic fire detection, and a stand pipe where additional water is put into storage, his concerns could altered. He said that as things exist, he would not be comfortable with the proposed development. Chief Ezell stated there is an 8" line extended to the Madison area on out and then a 6" off of that where a fire hydrant is needed. Mr. Bond said that an 8" line now exists for the Jackson Heights area and terminates at the end of the subdivision. Mr. Bond asked for consideration of the Preliminary Plat of Lots 7 & 8 with continued discussions with the Water Commission and at a later date return with a Final Plat. Commissioner Hardwick moved seconded by Commissioner Nixon to accept the Preliminary Plat of Lot 7 & 8 of Scenic Bluff Subdivision as presented. MOTION CARRIED. Commissioner Gray voiced that there is a 60 day period after approval of .the preliminary plat for a final plat to be presented. 6 REQUEST /STREET OR ALLEY CLOSING: GENERAL: REQUEST TO SET A PUBLIC HEARING: Chairman Gray voiced a written request presented to the Planning Commission that a Special Meeting be set for the purpose of considering R-3 use in a C-2 zone on South Hospital across from CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1998 7:00 P.M. - 8:20 P.M. the Jacksonville Towers and behind Mega Market. He further stated that a Board of Adjustment hearing is needed to address dimensional requirements for R-3 use in the C-2 zone. Commissioner Walker moved, seconded by Commissioner Perry to set a Special Meeting of the Planning Commission for January 29, 1998 at 7:00 p.m. for consideration of R-3 use in a C-2 zoned area located behind Mega Market. MOTION CARRIED. The deadline for filing items for the agenda was brought to the attention of the Commission by Commissioner Nixon who questioned the reason for the late item. Chairman Gray pointed out that it will take at least five people to attend the meeting noting that he will not be able to be a part of the voting process due to personal involvement with the item. NON AGENDA ITEM: REQUEST TO NAME UNNAMED ROAD/TWO PINE DRIVE A letter from Waste Management of Arkansas, Inc. to designate Two Pine Drive as the name of an unnamed road near Landers Road in South Jacksonville was presented. Commissioner Perry moved, seconded by Commissioner Corroum to suspend the rules and address the naming of an unnamed road, Two Pine Drive. (general location near Landers Road in South Jacksonville). MOTION CARRIED. City Engineer Reel related that Jim Dunbar, representing Brushy Island Landfill, suggested the name. He said that a new facility is being constructed at the landfill and that there is desire to name the road, the last street on the south end of Jacksonville, leading into the landfill. He said that a request to change the name of the landfill itself has been made. He said that there is not a conflict with any street name within the City limits. He related that 911 service is directed into the Jacksonville emergency center because it is within our City limits. Commissioner Corroum moved, seconded by Commissioner Reid to support the request to name the unnamed road into Brushy Island Landfill Two Pine Road recommending the same to the City Council. 7 MOTION CARRIED. Chairman Gray voiced, regarding the overlay zone, that he and Mr. Magee are working toward a meeting between the cities of Cabot, Jacksonville, and Sherwood regarding finalization of the project. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 1998 7:00 P.M. - 8:20 P.M. ANNOUNCEMENTS: ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 8:40 p.m. Respectfully, Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER EXHIBIT "A" Re: The SW Corner of Redmond and General Samuels Roads (East 585 feet from M-2 to C-3 / West 700 feet from M-2 to R-3) Legally described as follows: Part of the NW1/4, NW1/4, Section 24, T-3-N, R-11-W, in Pulaski County, Arkansas, more particularly described as follows: Commencing at the NW corner of said NW1/4, NW1/4; thence South 88 degrees 19 minutes East 112.0 feet along the centerline of General Samuels Road; thence South 1 degree 24 minutes West 40.0 feet to the Point of Beginning; thence South 88 degrees 19 minutes East 1,171.5 feet; thence South 1 degree 02 minutes West 400.0 feet along the Westerly right of way line of Redmond Road; thence North 88 degrees 19 minutes West 1,285.3 feet; thence North 1 degree 24 minutes East 354.7 feet; thence along a curve (Delta 58 degrees 31 minutes tangent = 112.0) with a chord bearing a distance of North 69 degrees 35 minutes east 120.5 feet to the Point of Beginning, containing 11.76 acres, more or less. 8 9