Loading...
98 NOV 09.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1998 7:00 P.M. - 8:15 P.M. OPENING REMARKS: Chairman Bart Gray opened the meeting expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Dana Nixon, Bob Walker, Lester Piggee, Mark Perry, and John Hardwick, answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT SIX (6), ABSENT (2). (ONE opening on the Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Clerk Lula M. Hawkins, Deputy City Clerk Susan Davitt, City Engineer Duane Reel and Marci Wilson of the Engineering Department, Alderman Bill Howard, Petitioners, visitors, and Jon Parham, Editor of The Jacksonville Patriot. PUBLIC HEARING 7:00 Conditional Use: Daycare in C-3 zone/1120 John Harden Petitioner Linda Hendrickson Chairman Gray opened the public hearing at approximately 7:03 p.m. Ms. Linda Hendrickson stated that the physical address for her Daycare business is 1120 John Harden. She related that she is a speech pathologist and that she rents the property from Beth Green and that her petition is for a Daycare Center for handicapped children. She related that she has two letters of support which were presented to the Commission and a letter of support from Dentist Bryan Holt. She made available a sketch of the area for the perusal of the Commission. No person present except Ms. Hendrickson spoke pro or con regarding the request. Chairman Gray closed the public hearing at approximately 7:05 p.m. Ms. Hendrickson stated that she would be licensed through Child Care Licenser with permits from the Health Department and the Jacksonville Fire Marshall adding that preliminary approval has been given by both. City Engineer Reel stated that parking is adequate and that the play area will take care of handicapped children adding that there is no problem from his office regarding the request. Commissioner Walker moved, seconded by Commissioner Piggee that the Conditional Use request for a Daycare in a C-3 zone be APPROVED as requested. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1998 7:00 P.M. - 8:15 P.M. b. AHOD "Affordable Housing Overlay District" By common consent the item was delayed until later in the meeting. BUILDING PERMITS: TEXACO STATION West Main & School Drive Chairman Gray pointed out that the proposed construction was included in the agenda packet. Mr. Barksdale McKay, of Central Arkansas River City Energy distributor for Texaco stated that the proposal is to tear down the present building and construct a new Texaco in the same basic area. City Engineer Reel stated that everything being presented fall within the parameters of requirements by the City and that he sees no problem with the request. Commissioner Hardwick moved, seconded by Commissioner Walker that the building permit requested to construct a new Texaco Station at West Main and School Drive be APPROVED. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): REPLAT: Part of Plot 4 & 5, LRAFB Main Gate Development/Jacksonville Petitioner: CEI Engineering and SKETCH PLAT: U.S. Highway 67 & Base Line Road Mr. Chris Rogers with CEI Engineering in Bentonville, Arkansas related that the Sketch Plat is for a supercenter to be located on John Harden. City Engineer Reel related that the Replat is covering changing designation on certain tracts in the Little Rock Air Force Main Gate Development Area. He said that there was some proposed changes in the area in 1991 on the south end of the proposed replat before the Commission. He said that some rezoning was done with an attachment that noted things that had to be done before it could be approved. He related that the zoning in the area is consistent with what is requested by the developer except for the south part which would be between Nixon Street and Parrish Street and from Bailey Street east 210 feet, which was proposed to be a buffer in the form of apartments or condominiums. He stated that the two main issues regarding the replat is an area in the southwest corner which still carries an R-3 development stipulation and the street closings that will need to be addressed by public hearing. Chairman Gray pointed out that the Commission is looking at the overall land in the replat, without consideration for a building permit. It was noted that the replat is not addressing any 2 development plans. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1998 7:00 P.M. - 8:15 P.M. Mr. Rogers related that Mr. Ben Rice is requesting a rezoning for the property designated as R-3 with development stipulations. He stated that CEI is requesting that Thomas and Nixon Street be vacated and part of Bailey be vacated. He related that the request for Bailey to be vacated comes because it is their understanding the City has no plans to develop Bailey. He suggested a screening device behind the development along the Bailey right-of-way. He related that drainage issues are being addressed with the development of a three acre regional detention area on the North side of the site with the intent to alleviate some of the down stream flooding which occurs from a creek in the area. He stated that it will not adversely impact down stream flood way. He related that the final traffic study from the State has not been completed as yet. In response to a question presented by Chairman Gray, Mr. Rogers related that Parrish Street,through to Bailey will not be developed because of cross traffic concerns from the area neighbors. In discussion it was related that the two main entrances to the proposed development would be directly off John Harden into the parking lot and the second is off Parrish Street which also connects onto John Harden. There will be no access to the neighborhoods or the area behind the development by vehicle. He briefly explained the operation of the detention pond. It was clarified by the City Engineer that the replat consists of three tracts with two out lots adjacent to John Harden Drive. He then stated that the entire area will be used by the proposed super center and the detention area. Mr. Rogers related that the two out lots will basically be for sale. He stated that the detention area has been deemed a wetlands by the Corp of Engineers and will never be developed. Commissioner Hardwick questioned the possible need to address the rezoning prior to approval of the replat. Chairman Gray related that given the elements of commercial, he is unsure if it was granted as a rezoning or as a conditional use/variance authorized or commanded of the developer at that time. City Attorney Bamburg clarified by stating that stipulations were placed on the rezoning when originally approved in 1992. He stated that the conditions deemed that the south tract of land would include R-3 zones, adding that while the rezoning did not go through, the restrictions still exists on paper. He stated that 3 it is not a rezoning but a removal of the restrictions placed on the property previously. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1998 7:00 P.M. - 8:15 P.M. City Engineer Reel related that detailed drainage review and traffic plans will be addressed when the development plans are presented for approval. He stated that a replat does not grant approval of construction plans. In response to a question posed by Commissioner Piggee, City Engineer Reel related that a replat will open up a large piece of ground for the development within the parameters of that zoning, adding that it will still have to meet all setbacks. Chairman Gray clarified that the Commission is looking at a replat, not a development plan, reviewing that the developer has suggested closing three streets and 90% of another street. He related that there would be no access from the rear with all access occurring from John Harden Drive. An area resident, Mr. Billy Bowles, related concerns over the amount of construction, the intent of the developers with regard to buffer zones, the purchase of some of the property and street closings. He requested information for a clearer understanding for those street closings. He also mentioned concerns for the elementary school located in the area. There were no specific answers with regard to the questions by Mr. Bowles. Mr. Gray stated that the plat as requested is binding with regard to the lot layout. He said that there will be no development on the lots unless the actions of the developers are completely fulfilled as they are stated. Commissioner Nixon questioned whether approving the replat would in effect say the streets would be closed. Chairman Gray stated that street closings require a public hearing before the City Council adding that the opinion, as a discussion item, of the Planning Commission would be sought by the Council before finalization of the actual closing. Commissioner Nixon stated that she felt at a loss to take any action regarding the item without more information. Alderman Howard related that the greatest concern of the community is traffic. He said that his concern is the amount of money that has already been spent by the City of Jacksonville in street 4 development, a million dollars alone on the Loop Road Expansion, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1998 7:00 P.M. - 8:15 P.M. adding that he can't visualize a Wal-Mart Store doing as good across the freeway as it does now from a traffic standpoint. City Engineer Reel related that if the replat were to be approved, it would still be approved with two open streets, being Thomas and Nixon, explaining that they are approved rights-of-way, dedicated to the public for ingress and egress use to this particular piece of property. He said it would involve a replat, a public hearing and then another replat to compensate for the street that would be closed. He said that Thomas Street on the north side has an owner, Toby Troutman, who would be involved with regard to ownership of half the street if and when it is closed. He said that the owner of the parcel, up for replatting, would be involved in all of Nixon Street if and when it is closed. He suggested that the prudent thing may be to table the item until the street closings take place so that the final replat would show final ownerships the way the street closings would indicate. Commissioner Nixon stated that "Nixon Street" is not a family interest. Commissioner Nixon moved, seconded by Commissioner Walker to table the replat until the issues of street closure and right-of-ways are addressed. MOTION CARRIED. An area resident requested a meeting of the neighborhood regarding information on what is being developed. Chairman Gray voiced that the representative requesting the replat is free to meet with those in attendance immediately outside the Council Chambers acknowledging that Jon Parham, Editor of the Patriot who was in attendance, might be available as well. Chairman Gray advised that proper procedure for the developer at this point can be obtained from the office of the City Clerk or the City Engineer. b. Preliminary Plat of Jordan Acres City Engineer Reel voiced that the plat is the same as the Sketch Plat that was previously presented, with added amenities with regard to contours, etc. He said that the setback in the Sketch Plat had a thirty-five (35) ft. setback and the Preliminary indicates twenty-five (25) ft. setback because it was rezoned R-1a which allows for that. He noted that a Bill of Assurance proposes 5 utilization of construction which may not be considered conventional. He said that the possibility exists for modular or CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1998 7:00 P.M. - 8:15 P.M. manufactured homes which will be hauled in by sections and placed on solid foundations in an effort to come up with affordable new housing for low to middle income families. He said that main access to the subdivision is off Trickey Lane or Highway 294. He said that none of the property is in the flood plain or close to it. He pointed out again that R-1a allows for modular and manufactured homes, that the Bill of Assurance eliminates mobile homes, adding that the square footage of the dwellings is stated in the Bill of Assurance to be 750 square feet. He said that by the time a Final Plat would be prepared, something needs to be addressed in R-1a or in another special zoning classification that would allow site-built, modular, manufactured homes just in that particular area depending on what the developer wants to do. He said that the committee working on an AHOD ordinance needs to address the R-1a zoning as soon as possible as the need for affordable housing increases. Commissioner Hardwick moved, seconded by Commissioner Piggee to APPROVE the PRELIMINARY PLAT OF JORDAN ACRES. MOTION CARRIED. REQUEST/STREET OR ALLEY CLOSING: GENERAL: Amended Bill of Assurance / Fair Oaks Subdivision Mr. Will Bond voiced that the amendment to the Fair Oaks Subdivision Bill of Assurance is very simple pointing out Paragraph 19 which now states that all dwellings shall have no exposed foundation blocks and shall be 2/3 rock or brick. (with the following deleted in the original Bill of Assurance or a siding approved by the allotters, majority lot owners, or Property Owners Association). He said that over 50% have signed off on the amendment. Mr. Bond related that there are 48 lots within the subdivison and that the approval of 25 of the owners of the lots may have approved the amendment. He said that ACJ Rental Co. owns the majority of the lots in the subdivision. He stated that the amended version is more restrictive than the first and does not affect those already established in the subdivision. He said that no opposition is known regarding the amendment. 6 Commissioner Nixon moved, seconded by Commissioner Perry to APPROVE the Bill of Assurance as amended. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1998 7:00 P.M. - 8:15 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Perry moved, seconded by Commissioner Piggee to approve the minutes of the Regular Planning Commission Meeting of October 12, 1998. MOTION CARRIED. DEVIATION IN AGENDA: AHOD Affordable Housing Overlay District At this time, Chairman Gray explained that a public hearing was set to address the AHOD (Affordable Housing Overlay District) with hopes that Mr. Frank Rowland would be able to speak to the Council with regard to the item of business. He asked for a courtesy motion to table the item until the next meeting. Commissioner Perry moved, seconded by Commissioner Walker to table the discussion item AHOD (Affordable Housing Overlay District) to be dealt with during the meeting of the Planning Commission on 14 December 1998. MOTION CARRIED. DISCUSSION: Chairman Gray expressed that there is a committee working on broadening the definitions in the Jacksonville Municipal Code regarding residential, manufactured or modular homes. He said there is more work for the committee to try to further clarify potential changes. He related that a question concerning a commercial recreation area in a residential area merits discussion by the Planning Commission. He stated that the current process of thought is that the Northwood Acres Community is surrounded by approximately a 65 acre boundary which adjoins Foxwood. He said that there are thoughts to propose a golf course and driving range on that sixty-five acres. He related that a major land use change and zoning change will have to take place which may not be in the best interest of that property. He said that there is no provision under our current ordinances for the development of the golf course to take place. He asked if the Planning Commission would give consideration to creating a proposed ordinance that would allow some commercial recreation in residential areas as a conditional use. He explained that a conditional use, when granted, is for a particular request, for a single use, not transferrable. 7 He related that there would need to be a public hearing at the time the proposed ordinance is presented which would be submitted to the City Council for their consideration. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 1998 7:00 P.M. - 8:15 P.M. With the common consent of the Planning Commission, Chairman Gray requested that City Attorney Bamburg prepare a draft ordinance to be presented at the 14 December 1998 meeting of the Planning Commission during a public hearing. ANNOUNCEMENTS: ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 8:15 p.m. Respectfully, Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER 8