2001.l
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00p.m. a.
AGENDA
7:00P.M.
JANUARY 8, 2001
NOMINATION OF 2001 OFFICERS
Regular Planning Commission
Meeting December 11 , 2000
REZONING: 800 North James
Lot 3 from R-1 to C-2
Lot 4 from R-1 to C-1
Block 1, Edgewood Subdivision
b. REZONING: Property at Ellis
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
and Redmond Road from R-4 to C-2
c. PROPOSED REZONINGS:
From the City of Jacksonville
000031.
7. GENERAL: DISCUSSION-GENE WILSON COMMERCIAL
SUBDIVISION/NEW ACCESS DRAWING
ADJOURNMENT
000032
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 2001
7:00 P.M. -8:05 P.M.
Cha irma n Brann e n opened the meeting at approximately 7:00 p.m.
expressing appreciation for thos e in attendance and requested
roll call.
ELECTION OF 2001 PLANNING COMMISSION AND BOARD OF ADJUSTMENT
OFFICERS
Commissioner Hardwick moved, seconded by Commissioner Perry to
nominate Art Brannen as Planning Commission Chairman for the 2001
term. MOTION CARRIED .
Commissioner Hardwick moved , seconded by Commissioner Wilborn to
nominate Mark Perry as Planning Commission Vice-Chairman and
Board of Adjustment Chairman for the 2001 term. MOTION CARRIED.
Chairman Brannen accepted Commi ssione r Hardwick and Commi ssioner
Lester as volunteer s servin g from t he Planning Commissi on for
2001 Board of Adj ustment appointments .
ROLL CALL: Commissioners: Bill Corroum, Bobby Lester, Lester
Piggee, Mark Perry, Dean Wilborn, and John Hardwick answered ROLL
CALL. Chairman Brannen also answered ROLL CALL . PRESENT six (6),
ABSENT (Oj .
Others present for the meeting were City Engineer Whisker and
Patriot Reporter Peggy Koury.
APPROVAL AND/OR CORRECTION OF MINUTES :
Commi ssioner Piggee moved, seconded by Commissioner Lester that
the minutes of the 11 December 2000 Regular Planning Commission
meeting be APPROVED . MOTION CARRIED.
PUBLIC HEARING(S):
a . REZONING of BOO North James Lot 3 from R-1 to C-2 and Lot 4
from R-1 to C-1, Edgewood Subdivision
Chairman Brannen recused himself from the proceedings, stating
that he is a resi dent of the Edgewood Subdivision neighborhood.
Vice-Chairman Perry opened the public hearing at approximately
7:03p.m.
Petitioner Lloyd Friedman related that the property cons~sl ~ of
three lots, pointing out that lot 2 is zoned C-2 . He stated that
the proper t y i s l ocated on James Street which is four-l anes and
Hwy 67 No rth, a d ding t hat h e feels the best use of the property
would be c omme rcial. He sta ted that the rezoning of C-1 f or lot
4 is requested to protect the subdivision integrity.
1
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000033
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 2001
7:00 P.M. -8:05 P.M.
He said that the proposed brick building would be an asset to the
area and related that due to property size it would be difficult
to develop anything larger than multi-offices or multi-small
business.
Discussion ensued regarding the request for a C-2 rezoning for
lot 3 and Mr. Friedman responded that C-2 was requested because
the adjacent lot 2 is already zoned C-2.
A member of the audience requested to review a copy of the plat,
Mr. Friedman explained the zoning request for each lot.
Mrs. Ward stated that it was her understanding in talking with
City Engineer Whisker that the zoning of C-2 allows a multitude
of businesses. She then questioned the r e zoning to C-2 if the
property were sold and redeveloped.
Vice-Chairman Perry invited opposition to speak.
Mr. Art Brannen of 605 North Hospital Drive related that the
original Bill of Assurance was supposed to be renewed January
2000, adding that it automatically renewed itself for 10-years
and would require 51% of homeowners signatures in the area to
rezone the property.
Mr. Lloyd Friedman stated that disputes have surrounded the
property for approximately 35-years, adding that he does not
believe anyone would challenge that the best use of the property
is commercial given that it boarders a four-lane street and the
Highway. He related that he had discovered information dated as
far back as 1969, stating that Metroplan had recommended to the
City that property on the freeway should be zoned commercial. He
then related that during the time Mr. T. P. White was on the
Planning Commission, the property was recommended as commercial.
He pointed out the recent construction of a kidney dialysis
office that abuts the subdivision.
Discussion ensued regarding allowable uses for a C-1 zoning. Mr.
Friedman then stated that to assure there would not be a
nightclub developed on the property he could still utilized the
property under a C-1 zoning. He formally changed his request for
C-2 regarding lot 3 to C-1, adding that it would assure the
development of only 9 to 5 type businesses.
Mr. Friedman recited the C-1 permitted uses of churches and
accessory buildings, schools public private and nursery,
community facilities, public buildings, public utility offices
2
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 2001
7:00 P.M. -8:05 P.M.
and rights-of-way, professional and general offices, hospitals
and clinics, funeral homes, financial institutions, beauty and
barber shops, laundry pick up stations, coin operated laundries
and pharmacies and day care facilities. He then stated that a
zoning of C-1 would insure there would not be a service station
or convenience store developed on the property.
Alderman Howard questioned if the intent was to face the building
toward the access road. Mr. Friedman responded that it would be
located on the corner with some portion on James Street.
Alderman Howard then questioned if there was to be another drive
coming in from the access road. Mr. Friedman related that the
drive from the access road would be for egress only. He then
stated that he did not think it would be in the best interest of
the subdivision to have a drive off Hospital Street.
Alderman Howard then mentioned concerns regarding heavy afLenwoil
traffic in the area.
Mrs. Joyce Ward of 708 North James Street, stated that her garage
faces the property in question, adding that she did not feel
aesthetics regarding a building across the street would be
beneficial to the area or beneficial to homeowner property
values. She then stated that personally she does not want to
look from her garage door and see a dumpster or a back door. She
n~ l nt.P.rl t.hnt. hP.r renl tor hnd told her that the contractor who
developed the houses on hospital drive would eventually develop
the vacant lots to be residential. She stated that she strongly
recommends this business not be allowed, adding that she does not
agree that because it is beside Hwy 67 that it needs to be a
business there. She stated that there are no other businesses
down James Street to Main Street all the way down, adding that it
would be the only business within a 2 or 3 block area. She said
that she believes it is unfair to take away the residential
property value of that area.
Mr. Friedman stated that he can understand Mrs. Ward's concern,
but added that probably in the next 10-years if everything on
James Street goes commercial, Mrs. Ward would be glad to sell her
property as commercial for an office. He then related that in
1969, Mctroplun incorporated all zonings in the City including
the lots in questions, and the zoning is commercial. He related
that through proper hearings and study involved with the Planning
Commission, Metroplan made recommendations that lead to the
zoning map embodied in Ordinance 213. He related that this is
when the City of Jacksonville started its zoning map. He related
3
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000035
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 2001
7:00 P.M. -8:05 P.M.
that the section along the freeway at that time was zoned C-3,
but it was agreed to zone it C-2, he related that further Mr.
T.P. White stated the intent at that time regarding coordination
of the zoning map was to zone the lots with Edgewood Realty
business as C-2. He related that lot 1 was taken by the Highway
Department, which is why it is not platted. He related that
these events were so long ago the streets were not yet paved. He
stated that he does not believe Mrs. Ward would be upset when the
proposed construction and landscaping is completed.
Mr. Brannen offered evidence of a letter from Mr. Ben Rice which
states that the court has established the original Bill of
Assurance as still being in effect and that the Bill of Assurance
prohibits commercial building on any of the lots although
duplexes may be allowed.
Mr. Friedman pointed out a similar new commercial building
located on Madden that abuts a subdivision, adding that almost
every subdivision has commercial abutting it somewhere. He then
related that if it is developed properly it becomes an asset to
the area. He related the property would be used for professional
offices.
With no one else to speak in favor or in opposition, Vice-
Chairman Perry closed the public hearing at approximately 7:20
p.m.
In response to a question from Commissioner Piggee regarding
sentiment of other neighbors, Mrs. Ward said that she was unaware
and that she had not consulted with anyone else. She stated that
she would have thought the person living next to lot 4 would have
attended the meeting.
Commissioner Piggee requested clarification regarding the City's
position with the Bill of Assurance.
City Attorney Bamburg stated that there was a court ruling in
1982, which to his understanding has not been appealed. He
related that the ruling remains in effect and specifically
addressed that the only commercial area, or commercially zoned
property in that area would be lot 2, which is the existing white
building. He went on to clarify that the ruling was issued by
Judge Rogers as a result during that time by property owners
collectively filing suit against a businessman who was attempting
to place an insurance office there.
4
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8 I 2001
7:00 P.M. -8:05 P.M.
Commissioner Hardwick questioned if it is the Planning
Commission's jurisdiction to interpret a Bill of Assurance,
adding that the Planning Commission does not usually look at a
Bill of Assurance when considering land use amendments and
rezonings.
City Attorney Bamb urg stated that the Bill of Assurance is a
factor that the Planning Commission would want to look at,
however, it is not the place of the Planning Commission to file
suits. He related that lawsuits are filed by private property
owners against private owners.
City Engineer Whisker stated that the land use map depicts the
whole area as commercial, but added that he believes that carne
about in the early 80's before the court's decision was issued.
Commissioner Hardwick stated that he believes the land use map
shows all of James Street as commercial. He expressed
indecisiveness, pointing out that he believes the Planning
Commission does need to recognize that part of its job is to
encourage development in the City and that there has not been any
resident i al development regarding the property in question. He
stated that while that may not be an issue, he does feel it
should be noted that the property is not going to be developed as
R-1 or it would have occurred with the prior development of
Hospital Drive.
Commissioner Corrourn concurred, adding tha't it would seem there
could be a way to compromise. He related that he can understand
Mrs. Ward's opinion regarding her view from across the street,
but offered that the property could be screened with shrubbery
from the residential. He then stated that perhaps a C-1 type
establishment could be proposed, however, he also pointed out
that he would not particularly care for the view regarding the
development on Madden Road if he were the first resident on the
east side. He related that the Madden Road development did not
provide a very good job of s creeni ng from the resi den tial area,
adding that the screening would be an important factor to
consider regarding this issue.
Commissioner Wilborn pointed out that even with approval
regarding the rezonluy, Lhe developer would still have to return
before the Planning Commission with his plans for construction.
At that time other factors such as sidewalks could be considered.
Vice-Chairman Perry agreed, stating that would be the time all
other details could be worked out for greenery and buffers.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 2001
7:00 P.M. -8:05 P.M.
Commissioner Hardwick moved, seconded by Commissioner Wilborn to
approve the request to rezone lots 3 and 4 from R-1 to C-1.
Commissioners Corroum, Lester, Wilborn, Hardwick voted AYE.
Commissioner Piggee voted NAY.
b. REZONING of property located at Ellis and Redmond Road from
R-4 to C-2.
Chairman Brannen opened the public hearing at approximately 7:31
p.m.
Mr. Lloyd Friedman related that the tract of land is located on
Redmond Road, Ellis and abuts the Railroad tract. He stated that
presently the property is zoned R-4 and has a 1960 vintage mobile
home located there which he believes to be an eye sore. He
related that it is surrounded by junk cars, adding that he would
like to clean-up the property and put in a warehouse and some
mini-warehouses that would serve as a buffer between the railroad
tracks and the few residents located there.
With no to speak in opposition, Chairman Brannen closed the
public hearing at approximately 7:33 p.m.
Commissioner Hardwick pointed out that the property': is depicted
as residential on the land use map and that it is his
understanding that the land use map would need to be amended
before the Planning Commission can consider the rezoning request.
City Attorney Bamburg clarified that if the Planning Commission
approves the rezoning, recommendation to City Council would
include amendment of the land use map to allow for rezoning as
requested.
City Engineer Whisker stated that he believes everyone is
familiar with the area located by the railroad tracks, adding
that the tracks serve as the line between commercial and
residential. He related that the proposed commercial would abut
the tracks on the residential side and that the petitioner has
requested a C-2 type business to be located on the property
corner.
Mr. Friedman stated that his main objective is to construct a
warehouse for personal use, adding that the narrow portion at the
back of the property is where he would like to have mini-
warehouses. He stated that if granted a C-2 zoning he would
return to the Planning Commission to request a conditional use
for mini-warehouses later.
6
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 2001
7:00 P.M. -8:05 P.M.
Commissioner Lester moved, seconded by Commissioner Wilborn to
recommend to the City Council amendment of the land use map to
allow the rezoning from R-4 to C-2.
Commissioner Hardwick cautioned changing the land use map, saying
that it is suppose to stand the test of time. He pointed out
that property can be rezoned within different uses, mentioning
the fix barrier of the railroad tracks between a residential area
and a commercial area.
Commissioner Corroum concurred, but added that it is hard to
visualize residents being comfortable that close to a railroad
track and that the warehouse could offer screening.
Commissioner Wilborn stated that he believes the proposed
development would look better than what the property offers now.
Commissioner Lester concurred.
At this time, MOTION CARRIED with Commissioner Hardwick voting
NAY.
c. Proposed rezoning by the City of Jacksonville
Chairman Brannen opened the public hearing at approximately 7:39
p.m.
City Engineer Whisker offered the fnllnwing rAzonings:
Stagecoach Subdivision from R-4 to R-1
2013 & 2021 Linda Lane from R-1 to R-4
Coffelt Rd. (on right before Oakley Estates R-3 to C-3
Oakley Estates from R-0 to R-4
Foxwood Drive from R-4 to R-1
Foxdell Circle from R-3 to R-1
Pinecone Trailer Park (area off Hwy. 161 before Carver Lane)
From C-3 to R-4
Trickey Hill Subdivision (Anna Lane) from R-4 to R-1
Gina Circle from R-4 to R-1
Area around City Hall (Odes to Freeway) from M-2 to C-2
City Engineer Whisker related that the map reflects corrections
regarding rezoning uses and the new classification changes, he
pointed out that R-4 zoning will now repreoent zero lot line and
R-5 will be modular homes, R-6 manufactured home subdivision and
R-7 is reserved for a manufactured home park. He related that
the updated map will be included as a part of the Ordinance
previously recommended to the City Council.
7
0000~9
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 2001
7:00 P.M. -8:05 P.M.
Mr. Dale Wilson of 112 Hampton Cove stated that his mother owned
the property at 2021 Linda Lane, which consists of 1 ~ acres, but
it is one lot. He related that his parents purchased the
property in 1955, and have maintained a permanent residents since
1961. He stated that it was his understanding that the action
proposed if approved will divide his parents property into four
separate lots.
It was clarified the rezoning does not re-designate four lots but
provides the zoning classification regarding current use of the
property.
City Engineer Whisker stated that it allows the existing mobile
home to be replaced with a new one if desired regarding
replacement or a fire.
Mr. Harold Crook of 1214 Military Road stated that he
property at 1818 South Hwy 161 and he is in favor of the
to R-4 for the mobile home park currently located
address.
owns the
rezoning
at that
Chairman Brannen closed the public hearing at approximately 7:45
p.m.
Commissioner Hardwick moved, seconded by Commissioner Piggee to
recommend to the City Council the zoning map and changes
regarding zoning classifications. MOTION CARRIED. -~
The Commission commended City Engineer Whisker and his staff
regarding the revised zoning classification and the corresponding
map.
DEVIATION IN AGENDA: GENE WILSON COMMERCIAL SUBDIVISION
Commissioner Piggee moved, seconded by Commissioner Wilborn to
suspend the rules and place a revised drawing regarding access of
the Gene Wilson Commercial Subdivision on the agenda. MOTION
CARRIED.
Mr. Bond related that the Final Plat of the Gene Wilson
Commercial Subdivision was approved in December and was
contingent upon a shared access for Lots 1 and 2 regarding North
First Street. He stated that Advanced Auto Parts did not agree
to the concept of a shared access to parking areas, saying that a
shared parking lot had not worked for them in the past. He
presented the Commission with photographs and a revised drawing
regarding the three existing curb cuts presently serving the
property. He related that Mr. Wilson is requesting that the
8
exiting drives
additional drive
remaining lots.
be allowed
regarding
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 8, 2001
7:00 P.M. -8:05 P.M.
to
any
serve the property
further development
with
of
no
the
Discussion ensued regarding traffic concerns and it was noted
that the existing drives do not seem to impact traffic on North
First Street.
Commissioner Hardwick moved, seconded by Commissioner Piggee to
accept the revised drawing regarding existing curb cut locations
and amend the Bill of Assurance regarding the shared access
previously requested for lot 1. MOTION CARRIED.
ADJOURNMENT:
Chairman Brannen without objection adjourned the meeting at
approximately 8:05 p.m.
9
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JACKSONVILLE PLANNING COMMISSION
AGENDA
7:00P.M.
FEBRUARY 12, 2001
1. OPENING REMARKS:
2. ROLL CALL: •
3 .. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Planning Commission
Meeting January 8, 2001
South and West Annexation
Public Hearing
4. PUBLIC HEARING(S):
7:00p.m.
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
7. GENERAL:
ADJOURNMENT
a. REZONING: West Main Frontage Property
From M-2 to R-0
Petitioner: Jim Peacock
b. REZONING: 103 E Valentine Road
From R-0 to R-4 (mobile home)
Petitioner: Mr. Don Williams
c. REZONING: 2505 Coffelt Road
From R-0 to R-6
d.
Petitioner: Mr. Marlon R. Polston
REZONING: 504 & 508 Gregory
From R-0 to R-3
Petitioner: Anop and Pomtip Seedtibood
3024 Discovery Drive
J & J Metal's Comm'l Expansion
REPLAT: Bomber Base Addition
Lots 3, 4 & 5 Block 6
Petitioner: Robert L. Cunningham
Representative: Bond Engineering
REZONING/ORDINANCE 1147 (#1-2001)
RETURNED FROM CITY COUNCIL
Lot 3 & 4, Block 1, Edgewood Subdivision
Petitioner: Lloyd Friedman
ooo o!t:t.
oo
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 2001
7:00 P.M. -7:50 P.M.
Chai r man Branne n opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested
roll call.
ROLL CALL: Comm3Bsioners: Chad Young, Bobby Lester, Glen Keaton,
Lester Piggee, Mark Perry, Dean Wilborn, and John Hardwick
answered ROLL CALL. Chairman Brannen also answered ROLL CALL.
PRESENT eight (8) , ABSENT (1) .
Others present for the meeting were City Engineer Whisker and
Patriot Reporter Peggy Koury.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Wilborn moved, seconded by Commissioner Perry that
the minutes of the 12 February 2001 Regular Planning Commission
meeting be APPROVED. MOTION CARRIED.
PUBLIC HEARING(S):
a. REZONING of West Main Frontage Property from M-2 to R-0
Chairman Brannen opened the public hearing at approximately 7:01
p.m.
Petitioner Mr. Jim Peacock related that originally the property
was an 80-acre tract, 60 acres was sold to the City of
Jacksonville. He stated that of the remaining 20 acres
approximately 10 acres is zoned R-0 and 10 is zoned M-2. He
stated thut the rcqucot is to make the entire 20-acre tract R-0.
With no one to speak in opposition, Chairman Brannen closed the
public hearing at approximately 7:03 p.m.
Mr. Peacock stated that he did not believe any of the property is
located in the flood plain, if any only a small fraction on the
west corner. He stated that Bond Engineering is currently
performing elevations.
City Engineer Whisker related that the land use map shows the
property to be industrial divided by a section line for
industrial and residential with no real physical boundary. He
stated that there is property zone M-2 directly south of the
proposed rezoning, which is currently being used by the City to
burn brush from the ice s Lonn.
In response to a question posed by Commissioner Hardwick, City
Engineer Whisker related efforts to annex the General Samuels
area which is part of the Pulaski County Industrial Park area,
adding that he is not sure of the amount of industrial currently.
1
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000043 . )
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 2001
7:00 P.M. -7:50 P.M.
Mr. Peacock related that Mike Wilson and Tom Cory represented the
City in the sale of 60-acres and part of that consideration was
that the rezoning would not be opposed, pointing out the intent
to rezone at the time of sale.
Commissioner Hardwick moved, seconded by Commissioner Lester to
recommend to the City Council the rezoning and land use map
amendment. MOTION CARRIED.
b. REZONING of property located at 103 Valentine Road from R-0
to R-4.
Chairman Brannen opened the public hearing at approximately 7:05
p.m.
Petitioner Mrs. Ginger Williams related that she and her husband
would like to place a 14 x 80 foot mobile home on the lot next to
their residence for rental property.
To speak in opposition, Mrs. Carolyn King of 216 East Valentine
Road related that she and her husband have been residents in the
neighborhood for approximately 29-years and that earlier in her
childhood her family had moved to the Valentine Road area in
1942. She stated that the previous owners of 103 Valentine Road
had lived there for 40-years and maintained the property nicely.
She then related that ownership transferred about 22-months ago,
pointing out that currently there are no mobile homes in at least
a two-block area. She said that often this type of dwelling
brings in transient type residents, and that the neighborhood has
concerns regarding the future deterioration and the lowering of
property values. She stated that for these reasons they are
requesting the Commission to deny the rezoning.
Chairman Brannen noted the presentation of a petition signed by
seventeen ( 17) area residents and a letter from Alderman Ray
opposing the rezoning.
Chairman Brannen closed the public hearing at approximately 7:09
p.m.
Commissioner Hardwick related that he had viewed the property and
had not seen other mobile homes in the area, he mentioned spot
zoning and made the following motion.
Commissioner Hardwick moved, seconded by Commissioner Lester to
deny the rezoning request regarding 103 East Valentine Road from
R-0 to R-4. MOTION CARRIED.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 2001
7:00 P.M. -7:50 P.M.
c. REZONING of 2505 Coffelt Road from R-0 to R-6
Chairman Brannen opened the public hearing at approximately 7:10
p.m.
Petitioner Mr. Marlon R. Polston stated that he has lived in the
area for 28-years, pointing out that the property at 2505 Coffelt
has always had a mobile home located there and now he is
requesting the rezoning to enable him to replace the current
mobile home with a new mobile home. He stated that his son is
the resident of the current mobile home and that the property is
62' wide and 350' deep.
With no one to speak in opposition, Chairman Brannen closed the
public hearing at approximately 7:12 p.m.
Chairman Brannen noted that the area mostly consists of mobile
homes. Mr. Polston responded that his personal residence is the
only site-built home in the area.
City Engineer Whisker stated the City is not in opposition to the
request.
Commissioner Piggee moved, seconded by Commissioner Wilborn to
recommend to the City Council the rezoning of 2505 Coffelt Road
from R-0 to R-6. MOTION CARRIED.
d. REZONING of 504 & 508 Gregory Street, Lot 7 & 8 Heraldry
Manor Phase V from R-0 to R-3
Chairman Brannen opened the public hearing at approximately 7:14
p.m.
Mr. J. C. James of Century 21 Smith & Associates and
representative for the owners Anop and Pomtip Seedtibood,
presented a property development proposal by a developer
interested in purchasing the property. He said that Mr. Gary
Wells of Beebe is an experienced builder and developer regarding
commercial and residential properties. He presented photographs
of units built in Cabot. He stated that the Seedtibood's
purchased the property fifteen years ago intending to build their
residence. He then pointed out that they also owned the
commercial lot across the street and were conside.r:luy l..>ullding
their restaurant there, however, those plans did not materialize.
He stated that the value of the property is commercial, adding
that no one can justify building a single-family residence on a
lot of that value. He stated that if not rezoned it would become
similar to a locked-in property with no use. He related that the
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 2001
7:00 P.M. -7:50 P.M.
OC"OO:IS
proposed twelve unit apartments would be 1,000 square feet with 2
bedrooms and 1~ bath each. He stated that the builder is open to
having access through Bailey Street instead of Gregory Street,
which would be valuable to on-coming Gregory Street ~raffic. He
stated that the outside of the complex will be brick and vinyl,
townhouse type dwellings with dormers. He pointed out that the
current tax base as vacant land is about $300.00 annually and
that after development and re-assessment the tax will be over
$4,000.00 annually; adding that there is merit in progress that
this town is well known for. He stated his earnest hope that the
Commission would honor the request and do justice to an otherwise
valueless property.
Mr. Billy Hall an adjacent property owner, stated that he
purchased his property approximately 22-years ago and was told at
that time that Bailey Street and Gregory Street were the
boundaries for residential and the original intent by the
Planning Commission was for it to stay that way. He related that
the neighborhood has been before the Planning Commission several
times in the past opposing changes. He stated that he can
understand what Mr. James is saying, but on the other hand feels
that his property value will be lowered if apartments are allowed
at the end of his street. He asked each Commissioner to consider
how they would feel with apartments at the end o£ their street,
to understand the feeling of the neighborhood.
Ms. Janet Rensing of 508 Parrish asked Mr. James how the value of
single-family zoned property was established as commercial.
Mr. James responded that it is because of the surrounding
property.
Ms. Rensing pointed out that the surrounding property is
residential, and that across the street running parallel is
commercial mixed with residential. She stated that she lives
around the corner and drives down North Bailey; saying that she
does not want to drive through an apartment complex. She stated
concerns for the traffic generated from a twelve-unit 1,000
square foot apartment complex, pointing out that most of the
neighbors are established with grandchildren, so there are
smaller children coming back into the neighborhood. She stated
that she has been in her home for 14-years, and the neighbor next
to her has lived there going on 20-years. She said that she is
strongly opposed to the rezoning, pointing out that when Wal-Mart
was developed, Parrish Street and North Bailey were closed. She
stated that there is no reason to put an apartment complex on a
closed street in a residential neighborhood.
4
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 2001
7:00 P.M. -7:50 P.M.
Mr. James pointed out that he has never been aware of any problem
caused from the Warren Dupree School that is located next to the
property r ega rdi ng any family activities. He related that
Warren Dupree School is west of the property, and Western Sizzlin
is to the east, pointing out that it is "hemmed in" from that
standpoint. He then related that acr o ss the street t here is
another property zoned comme r c i a l, and next to it is Sh oney' s
restaurant and then behind that is the Best Western Hotel. He
then said that going west on Gregory t here are three houses,
which he feels sure one day would be requested for something
different, and the adjoining duplex on the corner of Johnson and
Gregory, further pointing out the "hemmed in" situation. He
reiterated that the access being given off Bailey eliminates
slower traffic on Gregory.
A neighborhood resident, Ms. Barbara Hamm stat e d that the school
children a nd the traffic situation needs to be given
consideration, citing concerns tor increased traffic. She
related the potential for accidents currently, pointing out that
the 20-mile an hour sign is not obeyed. She stated she felt the
rezoning would be unfair to residents trying to keep up their
yards and that she is opposed to the rezoning.
Chairman Brannen closed the public hearing at approximately 7:21
p.m.
Chairman Brannan called attention to history data presen~erl
regarding a regular Planning Commission meeting dated September
12, 1983.
City Engineer Whisker stated that the land use map shows
residential, adding that there will be more traffic and pointing
out that typically apartments are used as a buffer between
single-family residential and commercial properties.
Chairman Brannen noted audience participation to be mostly
opposed.
In response to a question from Commissioner Young, Mr. James
related that the complex is proposed to face Gregory Street.
Commissioner Piggee ~LC:lle<..l cuuce.rus for increased traffic and the
proximity to the elementary school.
Mr. James stated that the traffic situation is a supposition, but
he believes that no more than half of the traffic would pass
Warren Dupree and the other half would go to the Freeway.
5
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 2001
7:00 P.M. -7:50 P.M.
Ms. Rensing asked to be recognized and then agreed with a comment
earlier from Mr. James regarding the use of the word "squeeze"
and the position of the development on the lot. She stated that
the lot size would accommodate a nice large home of 3,000 square
feet with a good size yard. She reiterated concerns for
increased traffic and stated that the complex would feature
residents who can not afford to live in a $90,000.00 home,
pointing out that the homes in the area are 90 thousand and
upwards. She related existing traffic problems regarding Wal-
Mart traffic and further cited concerns for the type of clientele
the development will attract with a rent of $400.00 per month.
Discussion ensued regarding a site plan and it was noted that
once the property is rezoned development is only limited by that
new zoning.
Chairman Hardwick related that both sides present good arguments,
regarding a buffer for commercial to residential or for keeping
it residential. He stated that he recognizes that the petitioner
originally purchased the property for a single-family residence,
adding that it is viable for single-family development or the
petitioner would not have purchased it for that reason.
Commissioner Piggee concurred.
Commissioner Lester moved, seconded by Commissioner Piggee to
deny the rezoning of 504 & 508 Gregory Street from R-0 to R-3.
Commissioners Keaton, Lester, Piggee, Perry and Hardwick voted
AYE. Commissioners Young and Wilborn voted NAY. MOTION CARRIED.
BUILDING PERMIT(S): J&J Metals, Inc. 3024 Discovery Drive
Commissioner Piggee moved, seconded by Commissioner Wilborn to
suspend the rules and place the building permit request from J &
J Metals Inc. on the agenda. MOTION CARRIED.
Chairman Brannen stated that J&J Metals is requesting permission
to add on to their existing building. The addition will be
20,000 square feet and will house two new processing machines.
Ms. Vonda Roark related that currently they have a 20,000 square
foot building in the industrial area on the north end of Redmond
Road built in 1991 and are planning to add another 20,000 square
foot with new larger steel processing equipment.
6
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 2001
7:00 P.M. -7:50 P.M.
City Engineer Whisker related that the property is metes and
bounds and J&J Metals would like to proceed with a · twenty-foot
pit for rolled metals. He requested approval is made contingent
upon approval of the City Engineer and Fire Marshall.
Ms. Roark related that the pit is designed to help in the process
of splitting coils of steel that weight 20 to 50 thousand pounds
each by maintaining tension on the coils as they are rewound.
Commissioner Hardwick moved, seconded by Commissioner Piggee to
approve the request for a metes and bounds building permit at
3024 Discovery Drive to J&J Metals, Inc. contingent upon approval
of the City Engineer and Fire Marshall. MOTION CARRIED.
REQUEST TO APPROVE PLAT: REPLAT BOMBER BASE ADDITION LOTS 3, 4 &
5; BLK 6
Representative from Bond Engineering Stacy Atkin related that the
plat is a replat of three existing lot::; uu block 6 to the bomber
base addition that will be replatted to be lot 3R and 5R.
City Engineer Whisker related the Mr. Robert Cunningham put a
mobile home on the first lot and wants to sell lot two. He
related that to make it as attractive as possible he added a a
larger portion of the replat. He pointed out that lot 5R is
somewhat smaller than lot 3R regarding the replat.
Commissioner Wilborn moved, seconded by Commissioner Hardwick to
approve the replat as requested. MOTION CARRIED.
GENERAL: REZONING ORDINANCE 1147 (#1-2001) RETURNED FROM CITY
COUNCIL lot 3 & 4, Block 1, Edgewood Subdivision
Chairman Brannen announced the item of business and recused
himself from the proceedings.
Vice-Chairman
presented in
rezoning, who
consideration.
Perry related that the request was originally
January and forwarded to the City Council for
reviewed the item and has returned it for further
Mr. Lloyd Friedman related that in his opinion part of the reason
that the City Council sent it back was because he did not have
euough information. lie relClted tho.t he has now expended many
man-hours at the Pulaski County Court House and has gather new
documentation that he feels would make a difference if allowed to
represent to the City Council. He r e quested an opportunity to
present to the City Council information that he d id not have
before. He stated that the property is in a usage area for C-2
7
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 12, 2001
7:00 P.M. -7:50 P.M.
and the usage request is for C-1. He related that the new
information supports commercial use. He stated that one thing
brought to his attention was the concern of the property owners
regarding traffic onto North Hospital Street. He related that
when he originally presented the request to the Planning
Commission, he had said there would be no ingress or egress off
North Hospital Street, all access remain where it is presently
off James Street and T.P. White access road.
Commissioner Lester moved, seconded by
allow Mr. Friedman to represent to the
rezoning regarding Lots 3 & 4 , Block
regarding additional information for
CARRIED.
ADJOURNMENT:
Commissioner Hardwick to
City Council the item of
1 , Edgewood Subdivisions
consideration. MOTION
Chairman Brannen without objection adjourned the meeting at
approximately 7:50 p.m.
Respectfully,
n Secretary
8
000050
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00p.m.
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
AGENDA
7:00P.M.
MARCH 12, 2001
Regular Planning Commission
Meeting February 12, 2001
REZONING: 900 Madden
From R-1 & C-1 to R-3
Petitioner: David Chamblee & Brad Medlock
PLAT(S): a. SKETCH PLAT: 67-167 Commercial Addition
Owner: Toby & Charles Troutman
7. GENERAL:
ADJOURNMENT
Developer: Doyle Rogers Company
Represented by Richburg • Rickett Engineers
b. SKETCH PLAT: WestArn Hills Subdivision
West Main Street
Petitioner: Jim Peacock
Represented by Bond Engineering
DISCUSSION: (PZD) Planned Zoning
Development
DEVIATION IN AGENDA:
a. REPLAT: Lot Split/First Electric
b. FLOOD VARIANCE: City of Jacksonville/Dupree Park
c. DISCUSSION: Mixed Zoning
• J
OPENING REMARKS:
000051.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested
roll call.
ROLL CALL: Commissioners: William Corroum, Chad Young, Bobby
Lester, Glen Keaton, Lester Piggee, Mark Perry, Dean Wilborn, and
John Hardwick answered ROLL CALL. Chairman Brannen also answered
ROLL CALL. PRESENT nine (9), ABSENT (0).
Others present for the meeting were City Engineer Whisker,
Patriot Reporter Peggy Koury, Leader Newspaper Reporter Rick
Kron, petitioners, and interested citizens.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Wilborn moved, seconded by Commissioner Piggee that
the minutes of the 12 February 2001 Regular Planning Commission
meeting be APPROVED . MOTION CARRIED.
PUBLIC HEARING(S): Rezoning of 900 Madden Road from R-1 and C-1
to R-3.
Chairman Brannen opened the public hearing at approximately 7:00
p.m.
Attorney David Henry representing Mr. Brad Medlock, presented
photographs of the property. He then pointed out that the
property shape of 133 X 780 feet is narrow and that the front 300
feet is zoned R-1 while the remainder is zoned C-1. He related
that the proposal is for eight four-plexes consisting of 32 units
with an internal private drive. He related that the property
fronting Madden Road has an older single-family house that is
vacant and in disrepair. He presented photographs of the
elevation of the proposed units and photographs of like units
built in Sherwood on a sloped lot. He related that the units
proposed for Madden Road would not have a porch or wooden walk-up
because they would be flat to the ground. He then pointed out
that the picture shows the units located in a quality single-
family district. He stated that the Madden Road site is an area
that already contains mixed uses, pointing out the existence of
an older mobile home park, high school, and apartments. He
related that because of the unusual property configuration, his
client feels the rezoning of R-3 would be a good use of the
property.
In response to a question from Commissioner Wilborn, Mr. Henry
related that the entrance is proposed off Madden Road, which
could well accommodate 32 units with two vehicle trips per day
during the normal course of a day.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
Commissioner Piggee questioned the Sherwood residents' attitude
regarding the apartments in their neighborhood.
Mr. Henry responded that he was unaware, but added that he does
know it is a very viable single-family area and that the property
has maintained high values that are easily and readily
marketable. He commented on the aesthetic appearance of the
property, which he stated appears to be compatible in the
neighborhood.
Commissioner Piggee then questioned the developer's plan to
maintain the apartments.
Mr. Henry related that Mr. Medlock plans for a very nice, top-
end development of 1240 square foot units with 2 ~ baths each,
adding that with the rental base hoped for, these units would
require a good prolonged maintenance plan. He then stated that he
is sure Mr. Medlock would commit to any rea0ondule Lequlrement
with regard to a sprinkler system, landscaping and maintenance of
the grounds.
Chairman Brannen invited opposition to speak and pointed out that
the Commission had received four pages of neighborhood signatures
opposing the rezoning request in their packets.
Mr. Joe Hayden an area resident presented the Commission with an
additional fo11r prHJP.S of signatures and related that the
residents of the Madden Road area would like to thank the
Commission for the opportunity to be heard. He stated that the
area is mostly made up of long-time residents, some since 1955.
He then stated that the opposition is not opposing progress, but
is here to see that progress benefits and aids, but does not
abuse the privacy of long-time residents. He related that
within a ~ mile radius there are only three duplexes, one four-
plex and the Linda Lane apartments, adding that he is using the ~
mile radius because Mr. Medlock had stated that there are 50%
rentals in a ~ mile radius, which is not so. He related that the
area is not dominated by rentals and the residents do not want it
to be. He stated that there are other areas in Jacksonville
already zoned R-3 that could be used for this type of project.
He related that he had suggested to Mr. Medlock that he look at
some of the other places, adding that Mr. Medlock insisted that
they would not work. He related that he would like to know why
Mr. Medlock feels other locations would not work. He pointed out
that two locations suggested are only a mile from 900 Madden,
which would only be ~ mile further from the LRAFB, which is what
Mr. Medlock targets for his rentals. He stated that only Airforce
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
000053
rank of E-3 and above would qualify for the rentals, adding that
a low income situation is not wanted in the area even though Mr.
Medlock had said it would be upscale apartments. He stated that
while Mr. Medlock is adamant that the apartments be located at
900 Madden, there are several reasons that the neighborhood does
not want the apartments; 1) Privacy, the residents that live on
the east side of Linda Lane will have no privacy and experience a
loss of property value. 2) Transient Residents, most of these
renters will move after one-year, which means approximately 3
moves every month. 3) Trash, highly dense populated areas
produce a lot of trash and trashy residences, which happens at
every apartment complex. He said renters are less concerned
about property appearance, adding that there is no on-site
manager proposed for the complex. 4) Madden Road Traffic, Madden
Road is a very busy road already. He related that he had
calculated that 64 vehicles, two per family, could produce a
possible 200 total daily trips. He then stated that the
development would be approximately ten feet from the Smith's
bedroom window. He pointed out that there is a high school at
the west end of Madden Road and Pinewood Elementary is just
around the corner at the east end. He pointed out that there is
a higher than normal pedestrian traffic in the ·, area with no
sidewalks, and that in 2002 approximately 300 9th graders will be
added at the high school. He stated that Madden Road bottlenecks
below the high school about ~ block west of 900 Madden, turning
from a four-lane into a two-lane. 5) Drainage, Madden Road
floods with every good rainfall from 900 to 1100 Madden, stating
that water stands 3 to 4 inches. He related that drainage is a
problem that already exists in the area. He then related that if
the apartments are allowed to be constructed they will cover
83,303 square feet of non-absorbing surfaces, which means that
for every inch of rainfall there will be 51, 92 9 gallons turned
off the property to run across the Smith's, Leggett's, and
Bostic's property going further down onto the Boyd's property. He
stated that this is the natural direction of the drain, adding
that it is unnatural to catch approximately 52 thousand gallons
of water with non-absorbing surfaces and turn it on your
neighbor. He then questioned where the children from the
apartments would play, pointing out that each apartment will have
a 20 by 25 foot backyard and that the front will be nearly all
street. He related that Mr. Medlock had stated that the children
would play across the street at the high school. He then asked
Commissioner Lester if he thought the principal is going to allow
these children to come on campus and play, adding that he did not
believe so. He pointed out that Mr. Medlock will not be there to
control any of these matters, adding in his opinion Mr. Medlock
will make a profit and will leave our community with that profit.
3
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
He then stated that the headaches that come with the complex will
be left behind. He presented photographs of the apartments on
Club Road and stated that he had an opportunity to talk with some
of the residents, who related to him that they do not like the
apartments and that there are several vacant homes in the area.
He then questioned if those homes became vacant because of the
apartments being built. He pointed out by photograph the
proximity of the apartments to one of the homes which is vacant.
He then stated that the three residents he talked with did not
want their names mentioned, but expressed that there has been
more trash and noise, so the residents demanded a privacy fence
be built between the complex and Club Road. He related that all
of the complex property on Club Road was zoned R-3 for 15-years
prior to being developed, adding that as far as property resale
value, he had learned that there was a home in the $225,000 range
that had been on the market for a year.
Mr. Henry stated that the Madden Road ~Loperty is already zoned
to permit a single-family structure on the front and a C-1
development on the remaining 475 feet, saying that if developed
as zoned it would produce enough impervious surfaces to give the
same water run-off and perhaps more than what is proposed. He
pointed ou t that t h e lot coverage for the proposed development is
very liberal, a dding that h i s understanding of the ordinance
requires no more than 50 % coverage and the development is less
than a third. He summarized that the overall development is a
positive instead of , n~ga ti ve . He stated that when the word
apartments is mentioned, it i mme diately raises tremendous fear in
many people particularly those of a single-family residential
area. He acknowledged that some people do not want to live next
to apartments, but added that you cannot determine who will live
next door. He then stated that what can be determined is good
sound land use decisions. He then stated that given the existing
terms of the current zoning, the development is a benefit to the
neighborhood, not a negative. He stated that he and his client
would appreciate the Planning Commission's consideration.
Mr. Charlie Middleton of 1003 T.P. White Drive, stated that the
property was previously di scussed when being rezoned for A&D
Glass on the southwest side . He rel a ted that at that time
Chairman Gray addressed issues of a buffer zone south and west of
the p r operty. Ile stated that he strongly opposes any rezoning of
the p roperty, citing the experience of his mother who lived on
Vine Street and had property behind her home rezoned for an
apartment complex project on Poplar Street. He related that
there was noise, trash, used condoms, baby diapers, whisky
bottles, and beer cans thrown over the fence onto her property.
4
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
Chairman Brannen closed the public hearing at approximately 7:30
p.m.
Commissioner Piggee questioned if the area residents had an
opportunity to view photographs of the proposed construction and
Mr. Hayden answered that some of them did and it did not affect
their opinion, saying that the pictures do not show anything
about who is going to live there.
Commissioner Wilborn stated that he had observed the traffic
situation from the driveway of a vacant home and commented that
he was unable to believe that the area could handle any increase
in traffic without improvements to Madden Road, adding that there
are no sidewalks and he had observed kids walking down the edge
of the road. He stated that he was unaware of flooding issues
until now.
Chairman Brannen stated that he had also observed traffic on
Saturday morning and then questioned the Fire Department's
findings of the layout and internal drive.
City Engineer Whisker stated that the Fire Department has
reviewed the plans and proposed a fire hydrant on the south side
of Madden road to be used directly with the complex, adding that
they are confident that the pumper truck could get the hose to
the back side of the proposed complex if constructed all the way
to the north property line.
Mr. Henry related that Mr.
Department has agreed, as an
L-shaped turn around at the
the pumper truck.
Medlock in working with the Fire
additional assurance, to provide an
rear of the complex to accommodate
Commissioner Hardwick pointed out the rezoning for A&D Glass took
place in 1996 before he was appointed to the Commission, but
given the data history provided in the packet, he realized that
the property owner by selling the western end of the property has
basically isolated the property zoned C-1 and he believes it is
impractical to think that the property will be developed as C-1,
and further that it is impractical to think that it is going to
be requested to be rezoned to R-1 for residential development
given the small narrow shape of land. He stated that he believes
the Planning Commission needs to consider the rights of the
property owner. He related that he has visited with several of
the petitioners and understands their concerns regarding
apartments in the area, but added that typically a multi-family
development is considered a buffer between commercial and
5
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
residential. He concurred that a C-1 development regarding the
portion of property zoned C-1 would have the same drainage
effect, and traffic concerns. He suggested the possibility of a
compromise, before concluding that the development does not
appear to work. He related the need for the Planning Commission
to consider what does work in the development plans of our City
and the best use of the property. He then pointed out that
according to the data history provided, a request was made in
1995 to rezone the property from C-1 to C-3 and that in his study
of the opposing petition he received, he noticed that one of the
current opposing petitioners was in favor of the property being
rezoned from C-1 to C-3, but now favors it staying C-1 and R-1.
He related the need for some reasonable compromise regarding the
property with its unique shape, and the fact that the previous
owner sold the west end which would have provided a good access
from T.P. White for a commercial development.
In response to a question posed by Conunlssioner Corroum regarding
other sites proposed to Mr. Medlock, Mr. Henry stated that he was
unaware of that discussion or what considerations were involved
in Mr. Medlock's search for a site. He then stated that this
site is for sale and under contract and deserves some sort of
development, adding that he and Mr. Medlock believe this is a
reasonable development. He stated that he was unaware of the
analysis of other sites, regarding price factors and locations,
but stated that Mr. Medlock has made an offer on the current site
and would like to develnp it.
Mr. Medlock stated that he had already become involved with the
current site when other sites were mentioned to him, adding that
he and Mr. Hayden did not discuss the specific locations.
Mr. Henry stated that from the standpoint of the proposed
development this is a good site, adding that it is not a very
good site for many things, nevertheless, it is felt that this
development would fit very comfortably on the site.
Commissioner Corroum stated he also viewed traffic patterns on
Madden Road and noted not only the volume but also the risk at
which pedestrians incur when walking on Madden Road particularly
at dusk. He related that he had discussed with City Engineer
Whisker the time frame regarding planned sidewalks for the area.
He stated that City Engineer Whisker indicated that it is
certainly to be considered but is an extreme expense because of
the drainage situation. He went on to say that development may
be something in the future to consider and be able to justify
necessary box drains and sidewalks making this proposition more
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
00005?
attractive than it is at this point. He related that as long as
Madden Road does not have shoulders or a sideline, this may not
be the time to further congest traffic there.
Commissioner Wilborn moved, seconded by Commissioner Corroum to
deny the request to rezone property located at 900 Madden Road
from R-1 to R-3 and to deny the adjoining property behind 900
Madden Road from C-1 to R-3. ROLL CALL: Commissioners Corroum,
Lester, Perry, Wilborn voted AYE. Commissioners Young, Keaton,
Piggee, Hardwick voted NAY. Chairman Brannen voted AYE to break
the tie vote and MOTION CARRIED.
BUILDING PERMIT(S):
REQUEST TO APPROVE PLAT: SKETCH PLAT 67/167 Commercial Addition
Mr. Barry Williams representative for the developer of Doyle
Rogers Company related the proposed subdivision consists of three
lots and that the owners are proposing to construct 30,000 square
feet of retail space on Lot 1 of the subdivision. He related
that lot 2 is the location of the current gas station at the
northern end of the property. He related that the gas station
will be torn down and redeveloped. He stated that the property
originally had two entrances but only one is currently being
proposed. He stated that the future developers of lot 2 would
receive their own entrance approval.
Discussion ensued and several Commissioners stated concerns for
the placement of the proposed entrance.
Mr. Williams pointed out that the original drive is located south
adjacent to the property line and that the proposed drive would
be 4 0 feet wide positioned between lots 2 and 3, north of the
original drive. It was suggested because of the location of the
proposed entrance and the John Harden traffic flow exiting to the
freeway that the entrance drive be moved south to the existing
drive approximately 20 feet. It was noted that Mr. Williams
would have to obtain approval from the State Highway Department
regarding a curb cut on John Harden Drive.
Mr. Williams stated that he has been in contact with Mr. Ricky
Prince of the Highway Department regarding their application for
curb cut approval.
Commissioner Corroum mentioned the possibility of installing a
light system at the entrance similar to the one installed by Wal-
Mart, adding that both lights could be programmed to work in
conjunction.
7
0000!:(8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
It was also suggested that exiting traffic could be directed one
way with a right turn only.
Mr. Williams related that currently there are no plans for a stop
light, adding that he was not sure but believes that the signal
lights would be too close together, saying that he fel t the
approximale distance be tween the two would be in the neighborhood
of 200 feet. He added that he was not sure the Highway
Department would approve a second light system that close in
proximity.
Discussion ensued regarding drainage and the floodway.
Mr. Williams related that the Federal Government has stated that
none of the property is considered wetlands and that a floodway
design study had been prepared by Mr. Bernie Al t regarding an
easement to carry water to the rention pond. He then stated that
the design would be an arched structure to accommodate the fluws.
In response to a question from Commissioner Hardwick, Mr.
Williams pointed out the proposed side entrance to the property
from the adjoining Wal-Mart parking lot regarding traffic flow on
and off the site. He stated that Wal-Mart is in agreement with
the proposal to allow a developed drive between parking lots.
Mr. Bart Gray related that he was unsure but felt that at the
time of the Wal-Mart development it was discussArl thAt the
proposed access would not be developed as such.
Data will be forthcoming from the City Clerk's office regarding
development discussions of the Wal-Mart Supercenter.
Commissioner Lester moved, seconded by Commissioner Wilborn to
approve the Sketch Plat of the 67/167 Commercial Addition
stipulating that the entrance be moved 20 feet to the south to
the location of the original existing curb cut. MOTION CARRIED.
b. SKETCH PLAT Western Hills Subdivision on West Main Street
Mr. Paul Payne of Bond Engineering stated that the subdivision is
proposed for location on West Main and would consist of 62
residential lots.
In response to a question from Chairman Brannen, Mr. Payne
related that the preliminary and final plat would carry the F
designation for any lots that remain in the flood plain.
8
I
-I
.OOO!)S9
Commissioner Piggee moved,
approve the Sketch Plat
presented. MOTION CARRIED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
seconded by
of Western
Commissioner Keaton
Hills Subdivision
to
as
GENERAL: Discussion: PZD (Planned Zoning Development)
Commissioner Young related that he had presented PZD criteria
which could be helpful in establishing a neighborhood consistency
ordinance that requires new development to match the scale,
landscaping, and style of existing area development. He noted
that the City of Little Rock uses much of the same criteria in
their use of a PUD (Planned Urban Development) Ordinance
regarding residential areas. He stated that mutually agreed upon
ordinances could be established regarding sensitive projects.
It was the consensus of the Planning Commission to review the
Ordinance currently used by Li ttl e Rock at the regularly
scheduled meeting in April to be provi ded curtsey of Commissioner
Young.
In response to a question from Chairman Brannen, City Engineer
Whisker stated that he thought it would be good and supported a
PZD (Planned Zoning Development).
DEVIATION IN AGENDA: Lot split/First Electric Cooperative
Commissioner Perry moved, seconded by Commissioner Wilborn to
suspend the rules and place the lot spit of First Electric on the
agenda. MOTION CARRIED.
City Engineer Whisker presented a replat regarding property in
Northlake Subdivision owned by First Electric Cooperative,
stating that page 241 of the Jacksonville Municipal Codebook
offers the City Engineer if empowered the authority to approve
lot splits and replats without appearing before the Planning
Commission.
It was the general consensus of the Planning Commission that City
Engineer Whisker acting as an agent of the Jacksonville Planning
Commission have authority to approve lot splits and replats.
b. Flood Variance for City of Jacksonville in Dupree Park
Commissioner Hardwick moved, seconded by Commissioner Piggee to
suspend the rules and place the request of a flood variance on
the agenda. MOTION CARRIED.
9
< ' ., t
ooooco
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
City Engineer Whisker r e l a t e d that the City of Jacksonville would
like to construct a ba thr oom in the floodplain of Dupree Park
near the Festival Pavilion and that without a variance the
bathroom height would have to be seven feet above existing
elevation. He related that this creates a hardship and lends
itself to the variance process, adding that the bathroom will be
tied directly into an underground sewer line with a shut-off
valve.
Commissioner Hardwick moved, seconded by Commissioner Wilborn to
grant the variance for a bathroom in the floodplain of Dupree
Park. MOTION CARRIED.
c. Mixed use for Commercial and Residential
City Engineer Whisker explained that presently the mixed use of
residential is onl y permitted for R-2 and R-3 r e garding a
commercial area. He requested that consideration be given to
permitting R-1 mixed in commercial areas on a conditional basis.
Discussion ensued regarding the overlay district, City Attorney
Bamburg determined that it had been discussed without formal
a c tion. He then related that adding Residential R-1 as a
conditional use to the Commercial C-2 zoning could shortly
address concerns for residential mixed with a commercial zone.
It was noted in discussion that the intent of the Planning
Commi33ion in prior meetings regarding zonjn0 r.nn~ioP.rations and
future planning was to establish a conditional mixed use which
included single-family particularly regarding discussion of the
downtown area.
City Attorney Bamburg related he would draft an Ordinance for
single-family mixed use.
d. Madden Road and Linda Lane sidewalk consideration
Observation by Commissioners regarding the item of business for
900 Madden road prompted the following motion.
Commissioner Corroum moved, seconded by Commissioner Wilborn to
propose a directive from the Planning Commission to City Engineer
Whisker, stating that pedestrian traffic in the Madden Road area
is a present hazard and requires early attention regarding the
Master Sidewalk Plan as adopted by the City of Jacksonville.
MOTION CARRIED.
10
ADJOURNMENT:
OOOOS1
CITY OF JACKSONVILLE I ~SAS
REGULAR PLANNING COMMISSION MEETING
MARCH 12, 2001
7:00 P.M. -8:21 P.M.
Commissioner Piggee moved, seconded by Commissioner Perry to
adjourned the meeting at approximately 8:21 p.m.
Respectfully,
11
oooos
JACKSONVILLE PLANNING COMMISSION
Susan L. Davitt
ANNUAL REPORT -2000
MEMBERSHIP ROSTER
ANNEXATIONS
REZONING PROPOSALS
REP LA TS/LOT SPLITS
SKETCH
PRELIMINARY
FINAL
CONDITIONAL USES
MISCELLANEOUS
BUILDING PERMITS
SITE PLANS
AHOD DESIGNATIONS
BOARD OF ADJUSTMENT
JACKSONVILLE PLANNING COMMISSION
CITY OF JACKSONVILLE, ARKANSAS
{
· ··oooosa
JACKSONVILLE PLANNING COMMISSION
NAME:
John Hardwick***
Ken Nabors
Resigned May 00
Mr. Bill Corroum
Bobby Lester***
Bart Gray, Jr.**
Lester Piggee
Art Brannen*
Dean Wilborn
Bobby Lester
* Chairman
MEMBERSHIP ROSTER
2000
ADDRESS:
14 Foxfire Cove
107 Tecumseh Trail
#7 Foxboro Cove
824 Christy Cove
200 Red Fox Lane
1107 Steeple Chase
605 South Hospital
707 Nottingham Cove
824 Christy Cove
TERM
EXPIRATION
01/01/2002
01/01/2002
01/01/2000
01/01/2003
01/01/2001
01/01/2004
01/01/2003
01/01/2004
01/01/2004
** Vice-Chairman and Chairman of the Board of Adjustment
*** 2000 Board of Adjustment Members
oooos4
ANNEXATIONS
DATE DESCRIPTION P.C. COUNCIL
2000 WEST ANNEXATION
West Side of Jacksonville from the North Boundary being the LRAFB
to the South boundary being the Bayou Meto
Beginning at the northeast corner of section 22, T-3-N, R-11-W;
thence south to the SE corner of said section 22, T-3-N, R-11-W;
thence west along the south line of said section 22, T-3-W, R-11-W,
to its intersection with the Bayou Meto; thence northwesterly along
the Bayou Meto to the east line of Scenic Bluff Subdivision; thence
north along east line of Scenic Bluff Subdivision to the south line
of Jackson Heights Subdivision; thence east along the south line of
Jackson Heights Subdivision; thence northerly along the east line of
said subdivision to its intersection at Little Rock Air Force Base
and the north line of section 22, T-3-N, R-11-W to the northeast
corner of said section 22, T-3-N, R-11-W, and thA point of
beginning.
SOUTH ANNEXATION
South side of Jacksonville from the north & west side being Union
Pacific Railroad to the south side being ~ mile south of Wooten
Road
Beginning at the SW corner of the NE :Y4 uf the NE 'J...4 of section 2, T-
2-N, R-11-W; thence east on the south line of the NE ~ of the NE ~
to the east line of the west half of the NE ~ of the NE ~; thence
north along the east line of the west half of the NE ~ of the NE ~
to a point 300' south of the south and east right-of-way line of the
Union Pacific Railroad; thence northeasterly parallel to the south
and east right-of-way line of the Union Pacific Railroad to the east
line of section 2, T-2-N, R-11-W; thence south along the east line
of said section to the SE corner of the NE ~ of the NE ~ of section
11, T-2-N, R-11-W; thence west along the south line of the north
half of the NE ~ of section 11, T-2-N, R-11-W to the west line of
the NE ~ of section 11, T-2-N, R-11-W; thence north along the west
line of the NE ~ of section 11, T-2-N, R-11-W to the south line of
section 2, T-2-N, R-11-W; thence north along the west line of SE 1/4
of section 2, T-2-N, R-11-W to the northerly right-of-way line of
state highway 161; thence westerly along the north right-of -way line
a distance of 85.56'; thence N 0°50'51" W to the south line of the
NE ~ of the SW ~ of Section 2, T-2-N, R-11-W; thence west along the
south line of the NE ~ of the SW ~ of Section 2, T-2-N, R-11-W to
the North and West right-of-way line for Union Pacific Railroad;
thence Northeasterly along the Union Pacific right-of-way line to
the SW corner of the NE ~ of the NE ~ of Section 2, T-2-N, R-11-W
and the point of beginning.
ANNEXATION continued:
10/09/00
OAK RIDGE RANCH SUBDIVISION
MADDOX AND PRIDMORE
OOO<l'SS
Part of the Southwest ~ of Section 5, T-3-N, R-10-W, Pulaski County,
Arkansas, being more particularly described as foll ows:
Beginning at the center of Section 5, T-3-N, R-10-W; thence S
01°56'05" W, 1369.10 feet; thence N 83°23'23" W, 434 .50 feet; thence
S 01 °59' 45" W, 663.73 feet; thence N 62°07' 51" W, 2040.26 feet;
thence N 80°48'21" E, 90.65 feet; thence N 31°46'33" E, 149.99 feet;
thence N 37°51'58" E, 62.25 feet; thence N 03°54'47" E, 570.67 feet
to the centerline Pridmore lane; thence N 86°47'40" E, 568.80 feet
along the centerline of Pridmore Lane; thence N 87°06'50" E, 1314.56
feet to the point of beginning, containing 67.17 acres more or less.
DISCUSSION
10/09/00
DISCUSSION:~
11/13/00 ,,_
000066
DATE
01/10/00
REZONINGS
DESCRIPTION
1001 Quince Hill Road
From R-0 to R-4
P. C.
Legal Description: Remainder Swiss Village Property
COUNCIL
Part of the Southwest ~ of the Southeast ~ of section 8, T-3-N, R-10-
W, Jacksonville, Pulaski County, Arkansas, more particularly
described as follows:
Starting at the Northeast corner of the Southwest ~ of the Southeast
~of section 8, T-3-N, R-10-W: thence North 89 o 58' 29" West 208.77
feet along the middle of Quince Hill Road; thence South 1°06'45"
West 208.49 feet to the point of beginning; thence South 89°58'46"
East 208.68 feet; thence South 1°04'30" West 1099.23 feet; thence
South 89°15'55" West 551.58 feet; thence North 1°01'22" East 665.73
feet; thence North 31°35'38" West 468.87 feet; thence South
89°40'01" East 370.29 feet; thence North 79°11'21" East 231.05 feet
to the Point of Beginning, containing 14.90 acres more or less
01/10/00 1412 Stanphill Road
from R-3 to R-4
DENIED
Part of the SE ~ of Section 29, T-3-N, R-10-W, Pulaski County,
Arkansas, more particularly described as follows:
Commencing at the SE corner of the SE ~ of Section 29, thence West
along South line of s aid quarter section 666.0 feet; thence North
854.7 feet; then c e North 88° West, 829.0 f eet to the East right-of-
way line of Stanphill Road ; thence North 1° East 83.5 feet to the
point of beginning ; t hence North 1° East, 90.1 feet; thence South
79° East 150.0 feet ; t hence South 25.0. feet; thence South 83° East
35. 0 feet; thence 1 o West, 60. 3 feet; thence North 8 8 o East 35. 0
feet; thence 1° West, 60.3 feet; thence North 88° West 185.0 feet to
the point of beginning.
APPROVED
W/STIPS APPROVED
ORO 1132
02/03/00
u
REZONINGS continued:
02/14/00 1200 Lemac Drive
from R-3 to R-4
000067
Part of the SE lr4 of Section 29, T-3-N, R-10-W, in the City of
Jacksonville, Pulaski County, Arkansas described as follows:
Starting at the SE corner of the SE lr4 of said Section 29; run then
North along East line of said SE lr4 a distance of 478.7 feet to a
point; thence West along a line parallel with the South line of said
SE ~ a distance of 666 feet to a corner post; thence North along a
line that is parallel with the east line of said SE ~ a distance of
628.6 feet to an iron pipe for the point of beginning; run thence in
a northwesterly direction along a line common to Jewel E. Barnard
Dodd Tract and tract described herein a distance Northerly direction
along the East right-of-way line of Stanphill Road, as distance of
148.6 feet to an iron pipe; thence in a Southeasterly direction along
a line common to the Bart Gray Tract and tract herein described a
distance of 822 feet to iron pipe; thence South along a line parallel
with the East line of said SE lr4 a distance of 127.3 feet to the point
of beginning.
02/14/00 1216
from
04/10/00 1801
from
05/15/00 1510
from
Military Road
R-1 to C-3
Braden Street
R-1 to R-3
Graham Road
C-2 to R-3
APPROVED
W/STIPS
APPROVED
03/13/00
DENIED
REFERRED
BACK TO P/C
03/02/00
APPROVED
ORO 1134
04/06/00
withdrew by petitioner
withdrew by Petitioner
oo00[8
REZONINGS continued:
08/14/00 1308 North First Street
G. Wilson Commercial Development
request for C-3 zoning
Legally described as follows:
Lots 1 & 2 GENE WILSON COMMERCIAL DEVELOPMENT
Part of the NE ~ of Section 19, T-3-N, R-10-W, Jacksonville,
Pulaski County, Arkansas, more particularly described as follows:
Starting at the Southeast corner of the NE ~ of the NE ~ of Section
19, T-3-N, R-10-W; thence N 88 °44'24" W 60.00 feet to the westerly
right-of-way of North First Street and the point of beginning; thence
N 88°44'24" W 210.00 feet; thence N 0°49'59" E 289.11 feet; thence S
88°31'25" E 228.66 feet to the westerly right-of-way of North First
Street; thence S 0°3'35" W 99.94 feet along the right-of-way of North
First Street; then~e S 0°49'59" W 68.04 feet along the right-of-way
of North First Street; thence S 7 o 32' 35" W 68. 4 7 feet along the
right-of-way of North First Street; thence S 51 °01'39" W 15.62 feet
along the right-of-way of North First Street; thence S 0°50'15" W
12.14 feet along the right-of-way of North First Street to the point
of beginning. Containing 1.349 acres more or less.
09/11/00 411 Walnut Street
from R-1 to R-2
APPROVED
APPROVED
ORn 1140
08/17/00
A tract of land in the Southeast Quarter (SE ~) of the Northeast
Quarter (NE ~) of Section 30, T-3-N, R-10-W, Jacksonville, Pulaski
County, Arkansas, being more particularly described as follows:
Commencing at the southeast corner of the SE ~ of the NE ~ of Section
30, T-3-N, R-10-W; thence North 373.2 feet; thence West 263.4 feet to
the point of beginning; thence continue West, 203.2 feet; thence N
00°03'E, 93.4 feet; thence East, 32.78 feet; thence N 57°49' W, 50.8
feet; thence N 32°02' E, 125.0 feet to the southerly right-of-way
line of Walnut Street; thence continue along said right-of-way line
of Walnut Street S 57°49' E, 150.0 feet; thence S 32°02' W, 39.02
feet; thence East 32.37 feet; thence S 04°14'11" E, 113.77 feet to
the point of beginning. Containing 0.81 acres, more or less
APPROVED
APPROVED
ORO 1143
09/21/00
J .
l
000069
REZONINGS continued:
09/11/00 1308, 1310 & 1312 South Hwy 161 from C-3 to C-4
1308 South Highway 161
Part of the West Half (W ~) of the Southeast Quarter ( SE ~) of
Section 30, T-3-N, R-10-W, Jacksonville, Pulaski County, Arkansas,
being more particularly described as follows: Commencing at the
Southwest corner of the said W ~' SE ~; thence East along the South
line of the Southeast Quarter 98 6. 0 feet to a point on the West
right-of-way of Highway 161; thence N 06°30'00" E along said right-
of-way line 1088.8 feet to the point of beginning; thence S 89°49'00"
W 212.24 feet; thence N 06°12'39" E 64.96 feet; thence N 89°49'00"
E 212.57 feet to the West right-of-way of Highway 161; thence S
06°30'00" W along said right-of-way 65.0 feet to the point of
beginning.
1310 South Highway 161
Part of the W ~ SE ~' Section 30, T-3-N, R-10-W, Pulaski County,
Arkansas, more particularly described as follows: Beginning at the
Southwest corner of said W ~' SE ~' Section 30, T-3-N, R-10-W; thence
run East along South line of said W ~' SE ~ 986 ,feet to the West
right-of-way line of State Highway No. 161; thence run N 06°30' E
along said West right-of-way line 1036.5 feet to the point of
beginning of this description; from the point of beginning thus
established, run thence N 06°30' E along said West right-of-way line
of said State Highway No. 161 for a distance of 52.2 feet; thence run
West 208.8 feet; thence run S 06°30' W parallel to the West right-of-
way line of said Highway 52.25 feet; thence run East 208.6 feet to
the point of beginning.
1312 South Highway 161
Part of the SW ~, SE ~' Section 30, T-3-N, R-10-W Jacksonville,
Pulaski County, Arkansas more particularly described as follows:
Beginning at the SW corner of said SW ~ SE ~' Section 30, T-3-N, R-
10-W; thence run East along the South line of said SW ~ SE ~, 986
feet to the West right-of-way line of U.S. Highway No. 161; thence
run North 06°30' East along said West right-of-way line 984.5 feet to
the point of beginning of this description; from the point of
beginning thus established, run thence North 06°30' East along said
West right-of-way line of U.S. Highway No. 161 for a distance of 52.2
feet; thence run West 208.8 feet; thence run South 06° W parallel to
West right-of-way line of said Highway 52.25 feet; thence run East
208.8 feet to the point of beginning.
APPROVED
APPROVED
ORO 1144
09/21/00
000 "70
REZONINGS continued:
11/13/00
10001 South Hwy 161 from R-1 to C-3
Part of Section 1, T-2-N, R-11-W, Pulaski County, Arkansas, more
particularly described as follows:
Commencing at the intersection of the north line of said Section 1
and the west right-of-way line of Highway 161; thence S 56°23'05" W,
along said west right-of-way line, 1440.3 feet to the p o int of
beginning; then ce c ontinue S 53 °2 6'05" W a l ong said right-of-way,
169.9 f eet; t hence N 16°30'55" W, 174.53 feet ; t h e n c e S 53°2 6'4 1" W,
145.0 feet; thence N 36°25'13" W, 411.44 feet; thence N 31°16'44"E,
155.88 feet; thence N 53°29'05, 170.34 feet; thence S 36°30'55" E,
645.0 feet to the point of beginning; containing 3.99 acres, more or
less.
APPROVED
APPROVED
ORD. 1153
4/5/01
000. ,......,1.
r
.
PLATS
DATE DESCRIPTION P.C. COUNCIL
01/10/00 SKETCH/PRELIMINARY PLAT
Domicile Senior Residence APPROVED
02/14/00 PRELIMINARY PLAT 1:· APPROVED
Northlake PH IX W/STIPS
02/14/00 PRELIMINARY PLAT
Deer Creek Subdivision APPROVED
03/13/00 SKETCH PLAT
Goins Subdivision
1001 Quince Hill Road APPROVED
03/13/00 FINAL PLAT
Northlake Subdivision APPROVED APPROVED
Phase VIII 04/06/00
04/10/00 PRELIMINARY PLAT
[
"DBLSS" Development
North Pulaski County APPROVED
04/10/00 SKETCH/PRELIMINARY PLAT APPROVED
Triangle Park Development LOTS 1-4
06/12/00 SKETCH PLAT TABLED
Commercial Addition PENDING
On Hwy 161 ANNEXATION
07/10/00 PRELIMINARY PLAT
Fair Oaks Subdivision APPROVED
Phase II W/STIPS
07/10/00 REPLAT
Walnut Point-Northlake
Lots 181 & 182 APPROVED
07/10/00 SKETCH PLAT TABLED
Maddox and Pridmore Lane W/GENERAL
Later known as Oak Ridge LAYOUT
Ranch Subdivision APPROVAL
000072
PLATS continued:
07/10/00
07/10/00
08/14/00
08/14/00
10/09/00
10/09/00
10/09/00
12/11/00
12/11/00
REPLAT/TRACT PLAT
Lakefront lots in
Northlake
REPLAT
Bushwood Estates
Lot 2
PRELIMINARY PLAT
Gene Wilson Commercial
Subdivision
PRELIMINARY & FINAL
Jordan Acres
Lots 26, 27, & 28
REPLAT
Lots 16 &17
603 Marion Street
PRELIMINARY PLAT
Oak Ridge Ranch Subdivision
FINAL PLAT
Jordan Acres/lots 1-25
FINAL PLAT
Collenwood Subdivision
Phase II
FINAL PLAT
Gene Wilson Commercial
Subdivision
TABLED
FURTHER INPUT
APPROVED
W/STIPS
08/14/00
APPROVED
APPROVED
W/STIPS
APPROVED
APPROVED
NO ACTION
APPROVED
W/STIPS
APPROVED
W/STIPS
APPROVED
W/STIPS
APPROVED
08/17/00
APPROVED
01/18/01
APPROVED
02/01/01
APPROVED
03/1/2001
000073
CONDITIONAL USES
DATE DESCRIPTION P.C.
01/10/00 120 South Bailey
Residential use in C-2 zone DENIED
04/10/00 910 Military Road
R-3 in C-2 zone REFERRED
Chapel Ridge Development TO SPECIAL
Later addressed as 950 Military MEETING
04/13/00 910 Military Road
R-3 in C-2 zone APPROVED
Chapel Ridge Development IN SPECIAL
Later addressed as 950 Military MEETING
05/15/00 #1 Nixon Drive
R-4 in R-1 zone APPROVED
09/11/00 1912 McArthur
as a Daycare Facility
I Carco, Inc. APPROVED
I 10/09/00 603 Marion
church in a C-3 zone APPROVED
11/13/00 Lots 8-11, Block 6
Crestview Addition
An auto repair shop APPROVED
11/13/00 300 Ray Road
Recreational Facility
Youth Football Association APPROVED
000074
DATE
01/10/00
05/15/00
07/10/00
08/14/00
09/11/00
09/11/00
09/11/00
10/09/00
10/09/00
10/09/00
11/13/00
MISCELLANEOUS
DESCRIPTION
BUILDING PERMIT
800 East Martin
Domicile Senior Residence Center
BUILDING PERMIT
LOMANCO Plant Expansion
2101 West Main
and Rear Yard Setback
SITE PLAN
Chapel Ridge Development
910 Military Road
Later uddrcssed as 950 Military
SITE PLAN
Chupcl Ridge Development
Amended site plan
BUILDING PERMIT
624 Brookhaven Court
and sideyard variance
BUILDING PERMIT
3505 North First Street
BUILDING PERMIT
212 Marion Street
BUILDING PERMIT
Bethal Baptist Church
112 North Jeff Davis
BUILDING PERMIT
Pathfinder Administrative
Building
901 Redmond Road
BUILDING PERMIT
Shopping Center
2650 John Harden Drive
BUILDING PERMIT
Beauty Shop
1807-C South Hwy 161
P .C .
APPROVED
W/STIPS
APPROVED
APPROVED
APPROVED
APPROVED
W/STIPS
TABLED
09/11/00
1\.PPROVED
10/09/00
APPROVED
APPROVED
APPROVED
W/STIPS
APPROVED
W/STIPS
APPROVED
. I
DATE
03/13/00
03/13/00
08/14/00
11/13/00
11/13/00
I u
BOARD OF ADJUSTMENT
DESCRIPTION
Billboard Review
2200 T.P. White
Media Brokers, Inc.
Billboard Review
129 John Harden Drive
Rebsamen Hospital
Sign Variance
2208 T.P. White Drive
Millennium Home Sales ,Inc.
Maximum Square Footage Variance
Accessory Building
6021 General Samuels Road
Mr. Thomas C. Dawson
Sideyard Setback Variance
1308 North First Street
Integra Group, Inc.
00007
ACTION
DENIED
APPROVED
APPROVED
W/STIPS
APPROVED
W/STIPS
APPROVED
r ,
I I
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
PUBLIC HEARING(S):
4. 7:00p.m.
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
AGENDA
7:00P.M.
APRIL 9, 2001
Regular Planning Commission
Meeting March 12, 2001
CONDITIONAL USE: R-3 in C-1 zone
Property adjacent to 900 Madden Road
Petitioners: David Chamblee & Brad Medlock
PLAT(S): a. REVISED SKETCH PLAT:
7. GENERAL:
ADJOURNMENT
Western Hills Subdivision on West Main
Petitioners Jim Peacock & Ted Camp
Presented by Bond Engineering
b. PRELIMINARY PLAT: Jacksonville Plaza Addn.
67-167 Commercial Addition
Petitioner: Toby & Charles Troutman
Represented by Richburg • Rickett Engineers
c. SKETCH PLAT: Oak Ridge Ranch Estates
Petitioner: Jerry Smith
Presented by Bond Engineering
DEVIATION IN AGENDA:
FINAL PLAT: 7TH Heaven (formerly known as
DOUBLES) "DBLSS" Dev. North Pulaski Co. (AICUZ)
Petitioner: Dana Nixon
0 00078
OPENING REMARKS :
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested
roll call.
ROLL CALL: Commissioners: Bill Corroum, Chad Young, Bobby Lester,
Mark Perry, Dean Wilborn, and John Hardwick answered ROLL CALL.
Chairman Brannen also answered ROLL CALL. PRESENT SIX (6),
ABSENT (2) .
Others present for the meeting were City Engineer Whisker and
Patriot Reporter Peggy Koury.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Wilborn moved, seconded by Commissioner Perry that
the minutes of the 12 March 2001 Regular Planning Commission
meeting be APPROVED. MOTION CARRIED .
Commissioner Corroum moved, seconded by Commissioner Lester that
the Annual Planning Commission Report for 2000 be APPROVED.
MOTION CARRIED.
PTTRJ,IC HEARING (S\ :
a. CONDITIONAL USE:
900 Madden Road
R-3 in C-1 zone for property adjacent to
Chairman Brannen announced that the item of business was
withdruwn by the petitioner.
BUILD ING PERMIT(S):
REQUEST TO APPROVE PLAT :
a. REVISED SKETCH PLAT Western Hills Subdivision on West Main
Mr. Bond related that the previous plat included 4. 1 acres of
property that is owned by Entergy. He related that the absence
of that acreage has brought about a slight change in the
configuration of the plat. He related that the plat included in
the packet, presented a problem regarding access on Main Street.
He pointed out that the original sketch has thirteen lots with
direct access onto Main Street. He stated that he and the City
Engineer discussed ways to negate that access and is now
presenting an revised sketch plat which features a private drive
parallel to, but not adjacent to Main Street regarding access for
lots 1-11. He stated that lots 13 and 14 would still have to
carry direct access onto Main Street. He stated that the private
street would be 20-feet wide and connect to the driveway of those
lots. He related that the private street would connect back to
1
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REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
000079
back to Main Street at two points. He spoke of alternative
considerations regarding an access back to Main Street between
lots 9 and 10, and the possibility of making the street one-way.
He related the Fire Department said the street should be 20-foot.
wide to accommodate the fire trucks. He noted an area on the
plat as Tract B, adding that it is hoped that it can be swapped
with Entergy for a parcel behind lots 13 and 14.
In response to a question posed by Commissioner Hardwick, Mr.
Bond related that because of the depth of lots 13 and 14 it would
not be feasible to have a rear access to alleviate the need for
access from Main Street, adding that if property is exchanged
with Entergy it will be a possibi lit y. He then related that
Entergy originally purchased the property for a sub-station,
pointing out that the power line runs north and south crossing
Main Street, but Entergy no longer has a need for the sub-
station. He then related that the 4.1 acres belonging to Entergy
was included in the rezoning request, which was approved. He
stated that City Engineer Whisker is in the process of contacting
Entergy regarding the rezoning.
Discussion ensued as to the un-zoning of property not intended to
be rezoned and City Attorney Bamburg clarified that the record
would need to be corrected with another ordinance rezonin g the
property back to its original zoning if En tergy does not want the
new zoning.
Further discussion ensued regarding a common drive for lots 13
and 14 for the purpose of a single curb cut to Main Street. Mr.
Bond related other discussions regarding common drivewa ys for
lots 1-11 requiring only six (6) drives onto Main Street, which
was not well received by City Engineer Whisker. He then related
that a green space and sidewalk would separate the private drive
from Main Street. He stated that there would also be a sidewalk
along the subdivision street that runs north to south, adding
that the two culde sacs would not requi re sidewalks per
Jacksonville Municipal Code. He described the green space,
saying that it would actually be a swell that would prevent water
from crossing south to north on Main Street. It was noted that
the culdesacs are between 650 and 700 feet.
In response to a question from Chairman Brannen, Mr. Bond related
that lots 29 through 32 would be located in the flood zone and
possibly the back corners of lot 50 through 52 and lot 1, which
will be presented on the preliminary plat.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
City Engineer Whisker stated that the biggest point is the access
issue onto Main Street.
Discussi on returned t o t he p ossibility of a p r i vate driv -e f or
l ots 1 3 and 14, if the p roperty i s excha nge d with Entergy. Mr .
Bond pointed out that c onsidera tion o f . a one o r two -w~y s treet
for the private d rive had not b een dec1ded as ye~, add1ng . other
c on siderations were discu ssed t o ma ke the pr1vate dr1ve a
culdes ac on e ither end wi t h one ma i n access onto Main Stre et . He
then related t h at regard ing s afety equi pment access, i t was mo re
feas i ble to make an a c c ess a t each end of the private street .
Parking restrictions were d i scu ssed regard ing t he privat e street
with considerations me nt ione d f or no par k~ng on the side c l osest
to Main Street. It wa s t h en :::; La ted that t he parking woulrl need
to be prohibited on both sides rega rding proper safety e quipment
access.
Discus s ion ensued rega r ding plans for widening Main Street, City
Engineer Whi sker related t hat the private drive would be outside
of the s treet right-of-wa y wi th t he sidewalk being tied into the
r i ght-of-way adjac e nt to Main Street for its best use.
Commissioner Hardwick question the flood p lain designation ("F")
a nd location of sidewa lks regarding sket ch plat presentation,
r a t her than r e questing t h a t i nformation on a l a t er plat from the
rlAvAl oper . City Enqineer Whis ker clarified that basically the
s ketch pl at deal s wit h g e ometry approval.
Commissioner Hardwick moved, seconded by sec onde d by Cornrniosioner
Perry to approve the revised Sketch Plat with the restriction
that parking be allowed on only one side of the private drive and
that lots 13 and 14 share a common drive or rear access. MOTION
CARRIED.
b. PRELIMINARY PLAT Jacksonville Plaza Addition AKA 67-167
Commercial Addition
Engineer Barry Williams with Richburg·Rickett stated that in
March the Sketch p l at was approved regarding the lots geometry,
adding that t he only primary concern was t he relationship of the
proposed curb cut to J ohn Hard en Drive. He presented a revised
dra wing of t he proposed c ur b c ut, stating that the point of
access h as been mo v ed further s outh than the requested 20-foot
recommendati on from the previous meet ing . He stated that the
access can accommodate thtee vehi c les with one positioned to make
a left turn and still have a comfort zone.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
In response to a question from Chairman Brannen, City Engineer
Whisker related that he had spoken with the Highway Department
regarding traffic counts but numbers were not available for John
Harden, however, numbers regarding the freeway were around 4300.
Mr. Williams related that as a side note they have sent Mr. Ricky
Prince of the Highway Department, who is in charge of curb cuts
for the district, a copy of the plat for preliminary review. He
stated that Mr. Prince has conveyed that he will allow the curb
cut as presented.
In response to a question from Commissioner Hardwick, Mr.
Williams stated that the curb cut is a right in and right out
access.
Discussion ensued regarding access to the Wal-Mart parking area;
Chairman Brannen said that he felt it would help alleviate
traffic exiting the middle lane for a left turn onto John Harden
Drive.
Mr. Williams estimated
would most likely use
turns onto John Harden.
approximately 200-feet
development.
that as patrons educate thems e lves they
the traffic signal at Wa l-Mart for left
It was noted that the Wal-Mart signal is
from the corner of the proposed
In response to a question from Commissioner Hardwick, City
Engineer Whisker related that Wal-Mart had conducted a flood way
analysis by Mr. Bernie Al t from Nashville, who has now been
employed to perform the same analysis for the proposed
development. He related that the highlighted area on the drawing
indicates the floodway, which cannot be built in until Mr. Al t
returns with a recommendation that reduces the flood way back to
the area inside the culvert.
Mr. Williams stated that the flood study is underway and it is
their anticipation that Mr. Alt will determine that the floodway
will fall within the 25-foot easement that passes between the
buildings and flows down to connect with the larger boxes at the
Highway Department right-of-way.
Discussion ensued as to the location of the flood plain in regard
to the proposed development; City Engineer Whisker related that
it might be possible to raise the elevation or have the flood
plain contained within the area of flood way regarding the 19-
foot culvert.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL _9, 2001
7:00 P.M. -8:03 P.M.
Mr. Scott Rickett stated that the design of the culvert will
bring the flood plain into the flood way and bring the
development out of the flood plain.
Chairman Brannen questioned any increased water effect of the
development regarding the walking park by Berkshire and the
Collenwood Subdivision.
City Engineer Whisker stated that the original study mitigated
twice as much retention area as was necessary due to displacing
wetlands and that from his understanding, Mr. Alt will present to
him a study that will determine they are not bringing anymore
water into that area than before the Wal-Mart development and the
proposed development.
Chairman Brannen expressed concerns regarding the middle lane
traffic leaving the proposed development.
Mr. Tommy Lasiter related that there are at least two curb cuts
with similar situations that do not have left turn restrictions.
He compared three properties west of McCain Mall, which all have
righ~ and left turns into the properties.
Chairman Brannen pointed out that the area Mr. Lasiter spoke of
is a four-lane situation regarding traffic flow.
Diocuooion ensued regarding designated left t.nrn lanes for Wal-
Mart and the Air Base from John Harden Drive and the close
proximity of a left turn opportunity from Shoney's and the exit
to the freeway. It was noted t hat the distance south from the
exit to the freeway was estimated to be more than 25-feet.
Commissioner Hardwick stated that he would be more concerned if
it were a situation where traffic would be coming off the freeway
rather than exiting onto the freeway regarding factors of speed.
He then question the Commission's authority to approve the plat
before floodway issues are addressed.
City Engineer Whisker stated that the development cannot move
forward, even with Planning Commission approval, without floodway
changes. He suggested that approval carry stipulations or the
i tern could be tabled until the flood study is received. He
stated that he had explained flood issues to the developer who
felt the process could moved forward with the possibility of a
CLOMR letter. He then explained that by FHMA standards a CLOMR
along with Planning Commission approval would allow the developer
to begin moving dirt.
5
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
Mr. Williams stated that they are asking for approval contingent
on the CLOMR and drainage approval from City Engineer Whisker.
Commissioner Corroum reiterated traffic concerns regarding the
proposed left turn and stated that he does not see how the
proposed area can be compared to the Shoney's area, particularly
during times when Air Base traffic increases.
Mr. Williams offered that traffic moving toward the
would exit prior to reaching the development access
the education factor regarding the Wal-Mart access
times.
interstate
along with
for busier
In response to a question from Commissioner Corroum regarding
clarification of the flood study, Mr. Williams related that when
Wal-Mart was developed they had two areas to address, explaining
that the basic principal of storm water detention is not to let
anymore water leave the site than currently exists. He related
that Wal-Mart built a water detention pond that held the water
back and then released a certain amount through a smaller pipe,
he added that secondly they completed a wetlands mitigation. He
explained that it was determined that their wetlands mitigation
and the pond combined would effectively make the capacity twice
as great as it needed to be. He related that the system still
has the same pipe throttle to hold back water, explaining that
they did not size up, so now they can effectively hold twice as
much water as they needed to, plus hold back the water ·of this
site. He stated that the report from Mr. Al t to City Engineer
Whisker is expected to reflect these numbers.
In response to a question from Chairman Brannen, City Engineer
Whisker related that CLOMR approval from FHMA is necessary and
that the review may take approximately 30-days before being
granted. He added that beginning with the building process the
developer must re-submit for the LOMA (letter of map amendment)
regarding the map change.
Mr. Williams stated that when Mr. Alt designed plans for Wal-Mart
he used an expedited process where instead of applying for a
CLOMR through the FEMA, he produced a report as if it would have
been submitted to FEMA and had it approved by the City, and then
performed the work and made one submittal to FHMA. He stated
that Mr. Alt is anticipating the same procedure for the current
project.
City Engineer Whisker agreed that he was aware of a letter from
FEMA by which instead of going through the long process it is
6
:000084
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
worked with a letter of approval in a sort of backward way,
basically making for only one application fee instead of two,
adding that the letter had not been received yet.
Mr. Williams stated that his understanding from Mr. Alt is that
it would be a fairly quick process, taking only a few weeks to
complete the report and receive approval regarding the expedited
process as opposed to going through the longer process with FEMA.
City Engineer Whisker estimated a total of 30-days.
In response to a question from Commissioner Hardwick, City
Engineer Whisker related that sidewalks would be required along
John Harden Drive.
Discussion ensued as to the connection of those sidewalks and
City Engineer Whisker stated that regarding a pre-sidewalk plan
or post sidewalk plan it has to begin somewhere.
Commissioner Hardwick related that after final plat approval of
the new Collenwood phase, the City Council requested sidewalks.
In response to a question from Commissioner Wilborn, Mr.
Williamson related that approval of the plat would not allow them
to begin construction until they have the flood study completed
and approved by City Engineer Whisker when he reviews all
proposed drainage plans. He then related that approval will
allow them to complete the hydraulic analysis regarding the
drainage structure. He stated that they are requesting the
approval contingent on further analysis of the entire flood study
by the City Engineer. He then pointed out that all lots would be
removed from the flood plain.
Commissioner Hardwick moved, seconded by Commissioner Lester to
approve the Preliminary Plat as submitted with the stipulation
that FEMA has to either issue a CLOMR or a report that states all
development property is out of the floodplain and that the
developers work with City Engineer Whisker regarding sidewalks as
required by City ordinance. MOTION CARRIED.
c. REVISED SKETCH PLAT Oak Ridge Ranch Estates
Mr. Tommy Bond related a change regarding Oak Ridge Drive from
the previous sketch plat, pointing out that Oak Ridge Drive stops
short of Pridmore Lane making the development more private. He
related that the revision allowed for three more lots in the
overall plan. He then stated that they are requesting approval
for the overall geometry of the subdivision, and will probably
7
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
000085
return next month with the preliminary plans. He stated that the
Health Department, City Wastewater, and the City Water Department
are currently reviewing the water and sewer plans. He related
that earlier concerns expressed dealt with the capacity of the
sewer system in the Quince Hill area which have now been put to
rest with a study conducted by the Wastewater Department and some
recommended changes for the pump station at Northeastern. He
related that changes were proposed to accommodate the flow from
the development, pointing out that the proposed changes will
actually increase the capacity more and cost less than what the
developer proposed. He related that the Water Department's
concern was that the subdivision did not have an adequate fire
flow, pointing out that with Cabot getting off the water system,
Jacksonville has a 16" waterline parallel to Highway 67. He
stated that in the next six months Cabot will have their own
supply and be in operation. He stated that currently Cabot takes
about 12 or 14 hundred gallons a minute, so there will be enough
water available in the 16" line to accommodate up to 1, 000
gallons a minute for this subdivision. He then related efforts to
offer annexation inclusion to the church and other residents. He
pointed out the positives for them to participate in the
annexation including lower insurance rates, but added that they
are preceding with plans without that consideration. He related
that if the geometry of the subdivision is approved then they
will return with the preliminary.
Commissioner Wilborn remarked that the change in the sketch plat
better addresses previous traffic concerns voiced by area
residents. Mr. Bond concurred.
Commissioner Hardwick raised questions regarding lot one for
water retention similar to the retention plans approved for
Collenwood. Mr. Bond stated that plans regarding water retention
would be in the next plat submittal.
City Engineer Whisker stated that the sketch mainly deals with
geometry. He stated that the Water and the Fire Departments have
reviewed the water flow and he believes they are ready to sign
off on it. He related that the Sewer Department has already
signed off and that from conve rsations with the F i+e Marshall he
believes the plans are satisfactory.
Commissioner Lester moved, seconded by Commissioner Hardwick to
approve the revised sketch plat of Oak Ridge Ranch Estates
Subdivision as presented. MOTION CARRIED.
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DEVIATION IN AGENDA:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
d. FINAL PLAT Seventh Heaven formally Double S Subdivision
Commissioner Wilborn moved, seconded by Commissioner Corroum to
suspend the rules and place the item of Seventh Heaven
Subdivision on the agenda. MOTION CARRIED.
Mr. Bond related that the developer is Ms. Dana Nixon and that
the subdivision is almost outside of the territorial limits of
Jacksonville. He stated that plans were submitted to the
Jacksonville Planning Commission for the preliminary plat review
approximate ly one year ago, and was approved. He related that
after d e v e l opment on the subdivision began the County stated a
jurisdictional problem, adding that he and City Engineer Whisker
spent approximately six months working out the jurisdictional
problem. He went on to say that the final plat was presented to
the County for approva l b ecause of previous jurisictional
conflict r e garding the prelimi nary p l a t and the County then said
that they did n ot need to s ee t h e final plat and that it should
be presented to Jacksonville. He stated that the water system is
a part of North Pulaski and has been completed. He pointed out
that the County will inspect the roads, if approved. He stated
that approval should be subject to a posted bond for the road
completion and City Engineer Whisker's final approval before it
is signed.
In response to a question from Commissioner Wilborn, Mr. Bond
related that the subdivision is located approximately 3,000 feet
beyond the AICUZ zone, but is being approved by Jacksonville
because it is in the extra territorial jurisdiction.
Discussion ensued regarding culdesac length and approval by the
County.
Commissioner Hardwick moved, seconded by Commissioner Wilborn to
approve the final plat of Seventh Heaven Subdivision formally
known as Double S Subdivision subject to final approval by City
Engineer Whisker and County approval for the bond issue r~garding
the roads. MOTION CARRIED.
HOUSE BILL 2402
Discussion ensued regarding House Bill 2402, which states that
"no political subdivision shall establish an ordinance or
regulation prohibiting manufactured homes."
9
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 9, 2001
7:00 P.M. -8:03 P.M.
000087
State Representative Pat Bond pointed out that Jacksonville has
provisions for overlay zones and would not be affected by the
Bill because Jacksonville has established a zone allowing
manufactured housing.
TRAINING SEMINAR
Commissioner Hardwick requested a meeting to help indoctrinate
newer Commissioners regarding the purpose of the Planning
Commission and Board of Adjustment. Clarification for i terns to
go before each and introductory training. He related that
meetings with Metroplan have been helpful in the past.
It was the consensus of the Planning Commission that efforts be
made to schedule a meeting with Metroplan two weeks from today.
GENERAL:
ADJOURNMENT:
Chair.man Brannen without objection adjourned the meeting at
approximately 8:03 p.m.
Respectfully,
Secretary
10
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OPENING:
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
Chairman Brannen called the meeting to order at approximately
7:02 p.m. and invited Mr. Richard Magee from Metroplan to address
the Planning Commission.
Mr. Richard Magee related that he will present a condensed
PowerPoint presentation made in association with the American
Planning Association Arkansas Chapter. He related that Metroplan
performs workshops for Planning Commissions across the State. He
asked for input regarding areas of interest or a particular
focus.
Commissioner Hardwick asked for clarification regarding the
jurisdiction of matters to appear before the Board of Adjustment
and Planning Commission. Secondly he expressed interest in a
discussion regarding Metroplan's and/or the Planning Commissions
of America's position on talking with petitioners and in
particular citizens who are against change. Thirdly the ethics
of when Commissioners would disqualify themselves from a vote. He
explained that at a recent meeting someone told the press that
the only reason he was voting favorably for an item of business
was because the bank where he is employed would benefit.
Mr. Magee stated that in the Metroplan packet provide there is a
copy of Act 186 of 1957, which is the enabling legislation that
gives the Planning Commission the authority to act and plan. He
Dtated that if the community is small P.nn11gh the Planning
Commission can actually operate as both regarding the Board of
Adjustment, adding that Jacksonville has a Commission and a
Board, which is not unusual for the larger jurisdictions. The
Planning Commission operates strictly as an advisory board to
the City Council regarding their decisions of rezoning or
subdivision, adding that the City Council is the body to take
final action. He stated that the Board of Adjustment is totally
different from that, explaining that the Board is a quasi-
judicial function and should be conducted under two separate
agendas with two sets of procedures, advertised separately and
should be acted on separately. He related that the Board of
Adjustment addresses issues regarding appeals and requests for
variances. If a petitioner does not agree with a decision made
by a staff member regarding zoning then he can appeal to the
Board of Adjustment. He stated that a variance, literally
interpreted has to be specific in the zoning ordinance before it
can be varianced, such as a setback, height issue, or something
particular to the zoning ordinance. He then related that State
Law strictly prohibits the Board of Adjustment from permitting
a variance of any use in a zone that is not permitted under the
1
000089
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
. t
ordinance. He stated that if the Board of Adjustment becomes
involved in a ny kind o f use v arian9e, it is stepping away from
its purpose. He then related that the Board of Adjustment should
be looking at strict interpretation of the zoning ordinance and
its literal meaning. He stated that because the Board of
Adjustment is a quasi-judicial function, it basically sits as a
judge, and consequently whatever determination is made by the
Board of Adjustment, is not appealed to the City Council but
straight to the courts. He stated that for that reason the
procedure is totally different and notes should be kept on how
the decisions were made, in case it goes to court, the Board must
provide a good basis for why it made that judgement. He said
that the Board of Adjustment is more serious because it does go
straight to court. He stated that specifically the issue of use
is off limits completely, but everything else in terms of the
zoning ordinance, such as parking requi r ements, setbacks, height
issues is handled by the Boa r d of Adjust ment , adding that it must
be a hardship issue, it cannot be an economic issue, it has to
literally be tied to that specific piece of property which cannot
meet the requirements of the ordinance. He related that a
hardship might be a request to put their elderly mother in a
mobile home behind their house and they want a variance.
City Engineer Whisker questioned if a request for mobile home
placement not as the primary residence, would go before the Board
of Adjustment under the one-residence one-lot rule.
Mr. Magee responded that it would depend on the zone, adding that
he is sure it is probably not authorized in the zoning ordinance.
He stated that it cannot be done if the ordinance says that you
can have only one structure, and most of them do have one
principal structure on a lot, you can not variance a use under
the Board of Adjustment which comes straight from State Law.
Commissioner Hardwick related that mobile homes have been granted
through the Planning Commission.
Mr. Magee stated that the Planning Commission could not do that,
because it violates Jacksonville's zoning ordinance. If the
zoning ordinance says that you can have only one principal
residence per lot, you can not do that without changing the
ordinance.
In response to a question from City Engineer Whisker, Mr. Magee
stated that the Board of Adjustment's responsibility is to
literally read the ordinance and interpret the meaning, you
cannot read anything into the ordinance t h at is not there .
2
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CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
City Engineer Whisker questioned a sign request that is fifty-
five feet and the ordinance allows only forty-five feet.
Mr. Magee stated that it would be considered a variance of
distance, which is a Board of Adjustment issue. He then stated
that to add a family to a one-lot rule you would have to change
the ordinance to allow that. He related that it becomes an issue
of equal protection under the law. He related that zoning is a
police power and when talking about exercising police power you
get into equal protection and civil rights issues. He stated
that when you allow someone to do something that is not
specifically written in your ordinance then you come under equal
protection issues. He stated that if there is a request that is
not allowed by ordinance, then the proper procedure would be take
the matter under consideration, asking yourselves what zones does
this need to occur in and then entertain a motion to amend the
ordinance to allow that specific request to occur before granting
the request. He stated that the primary reason is equal
protection under the law. He related that in the last ten years
across the United States, Planning Commissioners are beginning to
be sued on various issues, personally not just as a planning
commissioner. He pointed out that the public is a lot better
informed about the laws and that obviously our society is
becoming more litigious in terms of filling suit. He stated that
he would urge not to step beyond what the ordinance allows,
saying that the ordinance can be amended a thousand times, but do
it by procedure to protect yourself and the City.
Mr. Magee addressed ethics saying that generally it comes down to
perceptions of the Commission and the bested interest in a
particular issue. He went on to say that if a Commissioner has
any legal, financial, or personal stake, even peripherally;
involving not only himself but any member of family, he would
need to step away from that issue. He stated that again it goes
back to the issue of perception. He related that people are
becoming cynical regarding public positions, pointing out that
whatever can be done to protect that image, even if it cost a
vote, it is better to step away. He stated that if the issue is
really good for the public then one vote will not matter.
Commissioner Hardwick explained that in his situation, he is the
president of a mortgage company, adding that any subdivision
approved by the City is subject to have mortgages through the
company that employs him.
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CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
Mr. Magee he stated that while there is a fine line, he believes
that a Commissioner in that position can vote on a subdivision
that may or may not receive that business, but it would be
another issue to in fact have provided financial interest in that
subdivision. He stated that if the company was financially
vested and the Commissioner was financially vested in the company
and not just an employee, then it would be an issue. He stated
that the same would extend to an archi teet who might have an
opportunity to vote on a project he was designing. He clarified
that if the architect were asked to build a house in that
subdivision after the fact there is not a conflict of interest,
because that is something in the future that may or may not
occur.
Commissioner Young questioned the ethics if the developer has
been a client in the past and is a continual client of your firm
and the project is one that the Commissioner has no association
with.
Mr. Magee stated that it would be a question best answered by the
Commissioner for himself . He stated that it still comes back to
the appearance and perceptions of people. He stated that a
Commissioner must make a clear distinction and vote his/her
conscience. He stated that this often occurs in smaller
communi ties. He related that a Planning Commissioner can tell
from questions asked him if there is a perception tha t he may
have a c onfl i ct of interest, adding that some p e ople will feel
there is a conflict of interest regardless and can never be
satisfied. He related that if there is any question in people's
perception that there might be a financial interest, a
Commissioner might want to back away from the issue. He stated
that it is more to protect the Commission than to protect
oneself.
In response to a question from Commissioner Young, Mr. Magee
related that a Commissioner would recuse himself at the
introduction of that business and not participate in the
discussion or vote.
Metroplan Representative Susan Dollar related that if a
Commissioner does decide to recuse himself, he should state it
for the record, explain the connection, and physically move from
his chair at the proceedings.
4
000092
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
Mr. Magee stated that ethical issues are harder in a small
community. He related that the standards set by the American
Planning Association are strict standards because Commissioners
hold the public trust. He then addressed an earlier question
regarding telephone c a l ls from citizens to Commissioners dealing
with an i tern of business, saying that it involves Freedom of
Information Act under Arkansas Law. He stated that any
information gained by a Commissioner from a constituant, should
be made public if the Commissioner feels it should and he should
inform the constitute before speaking of that fact. He stated
that knowledge of that fact can sometimes change the conversation
very abruptly, pointing out that sometimes people will begin to
give yo u information and preface that with by an exclusion of
anyone els e be ing told, adding that any information gained should
be shared by t h e entire Commissi on.
Commissioner Hardwick noted the use of perception as a "club" and
problems regarding a quorum.
Discussion ensued as to the purpose of zoning by municipalities
and Mr. Magee related that zoning is established to implement the
Comprehensive Development Plan and the Land Use Map. He
explained that each zoning request should be compared to the
implementation of the Plan . He s tated t hat t he Arkansas courts
uphold the adopted Plan and its implementation. Arkansas Law
states t hat eac h municipality must have a plan and that zoning is
the tool t.o implement the plan. He stated that Jacksonville's
plan was adopted in 1980 and may require a review. He said that
zoning requests that do no implement the plan should be denied.
He added that cities should not change the plan to accommodate a
zoning request at the same time.
Discussion ensued as to current legislation regarding the
adoption of the map which would become the plan rather than a
written document. It was not clarified if the legislation was
passed. Mr. Magee stated that the Arkansas courts have ruled
that a zoning text could not be adopted without a map.
Mr. Magee referred to the Statement of Public Purpose, "the plan
or plans of the municipality shall be prepared in order to
promote, in accordance with present and future needs, the safety,
morals, order, convenience, prosperity, and general welfare of
the citizens: and may provide, among other things, for efficiency
and economy in the process of development, for the appropriate
and best use of land, for the convenience of traffic and
circulation of people and goods, the use and occupancy of
buildings, for healthful and convenient distribution of
5
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000093
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
population, for good civic design and arrangement, for adequate
public utilities and facilities, and for wise and efficient
expenditure of funds." Act 186 of 1957, as amended. He stated
that Arkansas law provides for the convenient distribution of
population. He stated that it is important regarding the
capacity of the streets, water system, and sewer lines to serve
the population.
He went on to say that the zoning ordinance implements the Land
Use Plan and the subdivision regulations implement the Master
Street Plan. He stated that a subdivision request should be
referred back to the Master Street Plan for implementation. He
stated that the one goal of the Planning Commission is to
implement the adopted Plans. He stated that cities could not
have subdivision regulations without adoption of a Master Street
Plan. He related one question that Planning Commissioners should
ask when reviewing a subdivision "is there enough dedicated
right-of-way for a major street regarding improvements". He
related that t he Land Ose Plan should be referred to regarding
conformit y of proper zoning . He s tated t hat non-c onformity must
be a me nded thrc:mgh the ordinances before b eing gran ted so as to
provide equal opportunity and protection to everyone. He related
that anytime a city receives the same type of request over and
again it may be time to review the ordinances.
Mr. Magee addressed issues regarding subdivision bill of
assurances, saying that it is a covenant restriction to the
subdivision and is not enforced by the city. The city can only
enforce zoning, adding that usually the bill of assurance is more
restrictive than the zoning.
Discussion regarding Edgewood Subdivision were raised and Mr.
Magee stated that if the residents allowed commercial prior to
the latest commercial request the bill of assurance generally
becomes null and void.
He addressed the word variance, saying t hat the request mu st be a
result of some t h ing un ique to the p roperty, a hardshi p cau sed by
zoning not s hared by s imilar pr operti es. He stated t hat the
effect of the zoni ng sta ndar ds i s n ot t o deny a property owner
reasonable use of the property, meaning that if denied the owner
literally could not use his property because of some physical
restraint. He stated that such an occurrence is very rare. He
stated that the request s ho uld not be self-impos ed, meaning that
the applicant d i d not bri ng the burden u pon hims elf through some
action, but inst ead h ad the burden i mposed upon t hem, adding that
the variance should not cause any l and use or parcel of land to
6
000094
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
become nonconforming, nor should it be used to allow a
nonconforming land use to continue. He stated that in addition
to these considerations the variance should comply with the
statement of public purpose or intent for the zoning ordinance.
He stated that the variance should not harm nearby properties,
people associated with nearby property, should not change the
character of the nearby area, and a variance is the minimum
necessary to permit reasonable use of the property.
He addressed permitted uses saying that permitted uses are listed
uses permitted by right. He illustrated t hat when a rezoning is
granted any use permitted can be developed regardless of the
spoken intent at t he time the rezoning was granted. He then
related that a conditional use as a listed use is specific,
meaning only those conditional uses that are lis Leu and are
applicable to conditions. He stated that the Commission has the
authority to place as many conditions as necessary including
time, space , size , driveways, screening anything t hat is desired
by the meaning of conditional, adding t ha t i t can only be for
that s p ecific request granted. He stated that if the use
discontinues, the property reverts to its original use.
In response to a question from Commissioner Wilborn, 1v1r. 1v1agee
stated that a conditional use continues as long as it is viable.
Discussion ensued a s to t he difference between a rezoning request
;mrl n conditional u se r egardinq outcome. Mr. Magee clarified
that a conditional use does not have to be granted simply because
it has been requested, adding that a conditional use gives the
Commission the opportunity to stipulate (or condition) the
development if approved. He stated that part of the
consideration for a conditional use would be if it implements the
Land Use Plan.
City Engineer Whisker questioned allowing residential in a
commercial zone, Mr. Magee stated that it is not unusual to allow
a mixture of uses. He added that when it occurs under a
conditional use it prov i des an opportuni t y to guarantee that the
use being p roposed is workable on the proposed s i te . He stated
that conditional use deals with site-specific issues not just use
specific issues.
He went to clarify that it does not accomplish the same as a
rezoning because of the restrictions or control that can be
placed on a conditional use. He stated that for that reason a
conditional use is very important. He stated that a listed
conditional use outlined by the zoning ordinance is a legal
7
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00009'5
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
request, which gets into the area of equal protection. He
related that a conditional use can change the entire scale of the
project being requested. He added that a conditional use is
meant to be restrictive by nature, given any concern the
Commission has regarding the development.
In response to a question from Commissioner Corroum, Mr. Magee
related that ingress and egress can be stipulated, but added that
if you restrict that for a conditional use of R-3 in a commercial
zone you must be able to say that a commercial development would
have produced less traffic than the requested R-3. He stated
that commercial generates more traffic than apartments. He
reiterated that conditional use is site specific and can be
stipulated any way the Commission feels necessary to do so. He
pointed out that because of equal protection under the zoning
ordinance, the conditional use request must be a listed condition
in the zoning ordinance.
Discussion ensued regarding curb cut restrictions on commercial
property because of safety issues, Mr. Magee stated that the
Planning Commission can not deny someone use of their land. He
clarified by saying that they have a right to the commercial use
of their land but they do not have a right to unlimited access.
He added that the Commission could require access be at a certain
point or limit the number and/or distance of accesses regarding
safety issues. He stated that issues regarding access and
rights-of-way can be addressed through the Master Street Plan for
equal protection under the law. He went on to clarify that a
commercial property owner can not be denied at least one access
to a public road. He related that it should be written into the
zoning ordinance so all petitioners are treated equally and they
are aware of what is expected. He pointed out that Act 18 6 of
1957 provides cities the authority to create Planning Commissions
for city planning, zoning, and sub-division control. He stated
that Section Five of Act 186 addresses the control of development
and sub-division of land; stating that following adoption and
filing of a Master Street Plan, the Planning Commission may
prepare and shall administer, after approval of the legislative
body, regulations controlling the development of land. The
development of land includes, but is not limited to the provision
of access to lots and parcels, the extension of utili ties, the
sub-dividing of land into lots and blocks, and the parceling of
land resulting in the need for access and utilities.
Discussion ensued regarding if the Land Use Map for Jacksonville
depicted mixed-use areas. It was noted that an overlay district
addresses the need for mixed-use.
8
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
Mrs. Susan Dollar discussed issues and scenarios regarding
ethics. She related that ultimately ethical issues are
surrounded by the public's perception. In general discussion,
the Commissioners generally agreed that a Commissioner should
recuse himself regarding the perception factor.
Mr. Magee reviewed situations regarding conversations with the
public on the telephone, saying that all personal conversations
are public.
Mrs. Susan Dollar addressed the Arkansas Freedom of Information
Act of 1967, saying that it is one of the most expansive Acts in
the nation. She related that records for disclosure include E-
mail, correspondence, working papers, expense or budget records,
video, audio, and memoranda. She related that it is not required
to create a document regarding an FOI request and that the
Supreme Court has ruled that .25 cents a copy page is reasonable
for record duplication. She cautioned that packet information
for meetings are made available to the press. She reviewed
executive session, which she stated happens only to discuss
specific personnel matters. In response to a question from
Commissioner Lester, she related that attorneys for either side
could not be present in executive session, even if requested. She
then stated that working papers that are produced in the office
of a private consultant are not subject to FOI request until
those notes are provide to the body as a report.
Mr. Magee stressed the importance of equal protection under the
law and following procedure. He stated that the ordinances can
be amended and should be amended over time, as changes require.
He stated that the process for adoption is the same process for
amendment. He related that without failure the charge of the
Planning Commission is for the public good, not the side of the
petitioner or those who have come to oppose the item of business.
He stated that the main objective for planning commissioners is
the public interest on behalf of the city. He stated that it is
rare that the public good is brought to the argument. He
encouraged the Commissioners to read through their plans, saying
that they will contain the stated overall goals and public
purpose. He related that a large portion of the Master Street
Plan for Jacksonville was implemented quickly in the 1980's and
may need to be reviewed with recent demographic changes.
He then highlighted the planning area boundary for the planning
jurisdiction. He clarified that under Arkansas Law cities have
the authority to plan up to five-miles outside their city limits,
adding that Jacksonville extended that territory when State Law
9
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oooos7
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
extended the jurisdiction because of the Little Rock Air Base. He
pointed out that all plans and subdivision regulations used as
guidance for ·inside the City development is applicable for the
areas of jurisdiction outside the City limits. He stated that
the City has the authority to control subdivision issues outside
the City limits. He stated that the Air Base has brought forth
some zoning issues included outsi de the Cit y which is not usually
traditional in Arkansas, except in Jacksonville. He stated that
the planning jurisdiction is very important to the City of
Jacksonville regarding extended boundaries and authority because
of what is legally prescribed by State Law.
He stated that the terminology of conditional use and special use
are one in the same, adding that the word "variance" causes the
most confusion. He clarified that variances are only handled
through the Board of Adjustment.
In response to a query from Commissioner Young, Mr. Magee related
that agenda meetings are public and the press is to be notified
at least two hours prior. He related that people with an
interest in the item could be invited to attend but it is only
required by State Law that the press be notified, and the
individual who made a written request.
Discussion ensued regarding special or conditional uses and
Commissioner Wilborn pointed out that guidelines state
consideration for what it is and where it will be located, adding
that if the appearance and activity are sufficiently different,
either modify the proposal or reject the request.
Mr. Magee stated that the proposal must meet the requirements of
the zoning it is being proposed in. He then pointed out that C-1
zone allows apartments, but as a conditional use it must meet the
same setback requirements of a C-1. He cited an example
regarding a nursing home that was constructed in the Quapaw area
as a conditional use, but was totally out of character to the old
historical style homes that dominated the area. He stated that
the commission should have been more stringent on the outward
appearance of the nursing home to fit in charter with the
residential area.
Discussion ensued regarding a re-variance for a burned building,
Mr. Magee clarified that if the building is of a non-conforming
use, it would depend on what the ordinance states, relating that
most ordinances state that in terms of non-conforming use there
is a time limit if it is destroyed by natural disaster and/or if
more than 50% of the value of the structure is destroyed it can
10
\ :
0 000~8
CITY OF JACKSONVILLE, ARKANSAS
INFORMAL PLANNING COMMISSION MEETING
APRIL 23, 2001
7:00 P.M. -9:05 P.M.
not be rebuilt before coming into compliance or if the use is
discontinued for a period of 6 months up to 1 year depending on
how the ordinance is written they would have to come back to
conforming.
City Engineer Whisker offered that he has a copy of the extra
territorial map in his office for review.
Mr. Magee suggested that the Land Use and Master Street Plan maps
be displayed for Commission meetings, supporting that decisions
made by the Planning Commission are implementing those plans.
Mr. Magee pointed out that a non-conforming use can remain until
it is no longer being used for that use, then it reverts to the
original use intende d. He cautioned the commis sion to be careful
of petitioner's request of non-conforming use and rezoning. He
reminded them that any rezoning opens that property to every use
that is listed under that zone. He cited an example of property
being sold after a zoning change, saying that the new owner can
then develop under the new zoning.
Discussion ensued that a dimensional variance not related to a
non-conforming use destroyed by fire would not require a re-
variance if being rebuilt to original specifications. It was
noted that a variance is permanent by nature.
Mr. Magee related that another issue would be non-conforming use
of lots regarding setbacks, which are basically grandfathered in
until there is a replat.
Discussion ensued as to the zoning requirements
accessory buildings, and Mr. Magee stated that most
address accessory buildings for each zone with
requirements. It was noted that Jacksonville's
addresses accessory building for all residential zones
exceed a maximum of 650 square feet.
ADJOURNMENT:
regarding
ordinances
different
ordinance
as not to
Chair.man Brannen without objection adjourned the meeting at
approximately 9:05 p.m.
Respectfully,
ion Secretary
11
f
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00p.m.
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
a.
b.
7:00P.M.
MAY 14,2001
Regular Planning Commission
Meeting April 9, 2001
Conditional Use Definition/Guidelines
from Metroplan
CONDITIONAL USE: R-3 in C-1 zone
Property adjacent to 900 Madden Road
Petitioners: David Chamblee & Brad Medlock
CONDITIONAL USE: C-1 in R-1 zone
300 North Jeff Davis
Petitioner: Bethel Baptist Church
1912 McArthur Drive
Expansion of Day Care Facilities
Petitioner: Cara Wallach
PLAT(S): a. FINAL PLAT: Fair Oaks Subd. Phase II
Petitioner: Jerry Smith
Represented by Bond Engineering
b. REPLAT: Lots 142A & 143A
Northlake Subdivision Phase Ill
Petitioner: Mr. Jack Wilson
Represented by Bond Engineering
·oo0009
oooio6
REGULAR PLANNING COMMISSION MEETING
AGENDA CONTINUED
MAY 14,2001
REQUEST TO APPROVE
PLAT{S): continued
7. GENERAL:
ADJOURNMENT
c. PRELIMINARY PLAT: Oak Ridge Ranch Subd.
Petitioner: Jerry Smith
Represented by Bond Engineering
d. PRELIMINARY PLAT & PLANS:
Western Hills Subdivision
Petitioners: Jim Peacock and Ted Camp
Represented by Bond Engineering
e. PRELIMINARY & FINAL PLATS:
Dawkins Commercial Subd. Lot 1 F
Petitioner: Coulson Oil
Represented by Development Consultants, Inc.
ITEM PULLED BY PETITIONER
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
0.001.01.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested
roll call.
ROLL CALL: Commissioners: Chad Young, Glen Keaton, Mark Perry,
Dean Wilborn, and John Hardwick answered ROLL CALL. Chairman
Brannen also answered ROLL CALL. PRESENT Five (5), ABSENT (3).
Others present for the meeting were City Engineer Whisker, Mr.
Tommy Bond, Mr. Thad Gray, Alderman Elliott, interested citizens,
and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Hardwick moved, seconded by Commissioner Perry that
the minutes of the 9 April 2001 Regular Planning Commission
meeting be APPROVED . MOTION CARRIED.
PUBLIC HEARING(S):
a. CONDITIONAL USE:
900 Madden Road
R-3 in C-1 zone for property adjacent to
Chairman Brannen announced that the item of business was
scheduled for last month but was withdrawn by the petitioner.
Attorney David Henry representing Mr. Brad Medlock, stated that
the property directly in front of the C-1 property is zoned for
single-family. He stated that the rezoning hearing was a close
vote of 5 to 4. He related that Mr. Medlock had considered many
recommendations, adding that he recommended Mr. Medlock to appeal
and sue. He stated that Mr. Medlock is smart enough to know that
the only one who makes any money when that happens is the
attorney. He stated that Mr. Medlock considered objections
expressed and made possible changes. He pointed out that the
street shown on the original plat has been moved 25-feet to the
west regarding the 300-foot frontage before it turns into the
back 4 7 3-feet. He stated that the first three buildings on the
original plat have been removed, leaving only five buildings and
a total of 20 units, which is a 44% reduction in units. He
stated that the design of the units is about 50% of what the lot
coverage requirements are. He then stated that the property is
landlocked from the Highway service road. He related he believes
the contemplation of the C-1 property was that it would have
access from the service road, adding that this is not now
possible and that it is through no fault of either the landowner
or the current applicant.
1
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
He stated that Mr. Medlock is willing to build a privacy fence
along the single-family properties to the west and part of the
lot that straddles the 300-foot line. He then related plans by
Mr. Medlock to construct a playground for the children of the
occupants in the 20-units. He stated that he believes Mr.
Medlock has done everything humanly possible to try and meet
complaints by the neighbors and the concerns of the Commission.
He stated that Mr. Medlock wants a good development, and wants to
be a good citizen. He stated that Mr. Medlock is requesting the
guidance and approval from the Commission, but will find another
project if that is not possible. Saying that Mr. Medlock is not
even going to consider appealing this to the City Council or
anyone else. He stated that Mr. Medlock does not want to create
problems, but solve them and provide high quality apartments for
Jdcksonville citizens in an area he belicvco can be blended
comfortably.
Chairman Brannen invited opposition to speak.
Mrs. Geraldine New of 2413 Linda Lane reading from a prepared
statement stated that their home is across the street from 900
Madden Road toward the High School. She wished the Commission and
spectators a good eveu.i.uy, saying that she very much appreciated
the opportunity to state her views as well as the views of many
people who live on Linda Lane, Linda Cove, Madden Road and the
many who must travel Madden Road. She stated that they are not
against progress, pointing out that Webster defines progress as
"steady improvement, movement toward a goal, to advance toward a
more desirable position, to advance toward a more situation, a
more desirable situation." She stated that she is sure that all
share in the goal of making progress in Jacksonville. She said
just as a house is built one nail at a time, a city is built one
neighborhood at a time, and the sum total of how we build our
neighborhoods results in the kind of city we have. She then
added that just as the best builders take great care in how each
nail is driven, we must take care in how we build each
neighborhood. Stating that once it is built, it is built. She
asked that each Commissioner take a close look at the issues
regarding the proposed change of use for the property 300-feet
behind 900 Madden Road. She stated that it is her understanding
that the traffic will come in from Madden Road, adding that she
is aware that Madden Road traffic was discussed at the last
meeting and does not intend to beat that to death, but the
existing traffic on Madden Road is unbelievable. She related
that they desperately need a four-lane street to handle the
existing traffic, adding that if traffic is allowed to flow from
the development to Madden Road it will create a monster traffic
2
r CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
000103
problem. She pointed out existing traffic problems at the
intersection of Madden Road/T.P. White Drive and the entrance to
Hwy 67/167. She related that fire equipment access needs to be
considered and determination of the use of the R-1 portion of the
property should be settled before other changes, saying that she
can see a future request coming regarding the R-1. She related
that the next issue is drainage. Pointing out that during any
hard rain, flooding begins at the intersection of Linda
Lane/Madden Road and continues down Madden Road. She stated that
water drains down Madden Road, down Linda Lane and from
Jacksonville High School overflowing the ditches onto the yards.
She stated that the apartment complex including street and
parking areas would cover many square yards of non-absorbing
surfaces. Saying that she cannot imagine the magnitude of
flooding that would occur if that many buildings are built. She
stated that the third issue is privacy. She related that the
residents on the east side of Linda Lane would have no privacy if
two-story buildings are allowed. She related that Mr. Medlock
had said he would build a privacy fence, but he did not say how
high the fence would be. She stated that unless the privacy
fence goes as high as two-stories it is not going to help that
much. She stated that she would not care to have someone looking
down from their bedroom window into her back yard, patio, and
swimming pool or in her windows, adding that everyone can imagine
what children might do from those windows. She stated that issue
number four is the water pressure. She related that there is not
much water pressure in the area; she questioned what would happen
with that many more people taking showers doing laundry and
washing their cars. She then stated that building a p~ayground
for the children does cover one of the problems, adding that if
children have nothing to do then sometimes they will make
something to do. She stated that issue number six is community
pride. Saying that even with the proposed so called upscale
apartments, residence live there a few weeks or months and then
they are gone. She pointed out that people who know they are
going to be there a short time are less likely to take pride in
their neighborhood, adding that she does not need to explain
those consequences. She stated that while most people who live
in apartments are good folks, apartments near Jacksonville High
School would be a wonderful place for those who profit from
dealing drugs to students. She related that issue number seven
is the property values. She related that when homeowners built or
purchased their homes, 900 Madden Road was a residential dwelling
with nothing on the horizon that would indicate even the remote
possibility of an apartment complex in the area. She stated that
if there had been even a hint of an apartment complex they would
have chosen a home somewhere else or paid much less. She related
3
000104
CITY OF JACKSONVILLE , ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
that future buyers would certainly look at their homes as
undesirable at current values. She said that while there are
other concerns, the reality of the situation is that a big
apartment complex cannot be placed in the middle of a residential
neighborhood without creating problems for the existing property
owners. She pointed out that nearby homes will loose thousands
of dollars in resale value, and that the inclusive value lost for
all homes is so great that it is just beyond ability to
calculate. She stated that she is not against a property owner
turning a profit on his investment, but she is against turning a
profit that creates a big loss for surrounding property owners.
She stated that there are other alternatives for the property
such as smaller one-family houses as opposed to the proposed two-
story apartments to bridge the gap between existing homes and
business on T.P. White Drive. She appealed to the Commission
saying, "Gentleman, we have an emergency here, when we have a
fire in our house we call the fire department to protect us.
When we have an intruder in our house, we call the police to
protect us. When we have a proposal that will intrude upon our
neighborhood, we call upon you to protect us and our homes. We
have an intruder and we need protection. You were appointed to
this commission and serve our community as volunteers and we
ceJ::tair1ly cornrner1d }iOU for that.. ~·Je asJc JlCU to de the job of
planning in the best interest of all of our property owners and
vote for the right kind of progress for our neighborhood." She
stated that there is precedence for refusing the request, adding
that approximately two-years ago the Foxwood community was up in
arms about plans to put modular homes across the tracks from Lhe
development, it was defeated in the best interest of the Foxwood
community. She then stated that the homes were across the
railroad tracks not backed up to the yards of the residence as
they are in this proposal. She then related that the Toneyville
community was faced with the prospect of a trailer court in their
area that was also defeated in the best interest to the
residence. She stated, "again we ask you to vote in the best
interest of the Linda Lane and Madden Road residents." She spoke
to the Commissioners who voted against the apartment complex,
saying, "again we need your vote." She related that it was
defeated because it was wrong for the neighborhood, adding that
it was wrong two-months ago and it is wrong today. She then
related "to the Commissioners who voted to allow the two-story
apartments two months ago, I would say that I know it is very
difficult to say no to businessmen who might profit from this
endeavor and who are possibly friends and your neighbors." She
stated that studies have been made and spoken about regarding the
difficulty of small town commissioners deciding issues that
would profit either themselves, business associates, neighbors,
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
0001:05
friends and so forth. She asked the Planning Commission to
please remember that building a better Jacksonville must come
before profits and friends. "If you just can't vote no then we
request that you excuse yourself from voting." She stated
"Commissioners, it is not lost on me that three of your members
are not here tonight, since this is such an important issue you
may wish to consider tabling your vote until you have a full
Commission present." She stated that the request is from a
gentleman that is not a Jacksonville resident and was pulled from
the agenda last month perhaps due to expected absences on the
Commission, adding that the Commission may want to consider what
this vote will look like in the newspaper. She requested that
all spectators that agree with the issues to quietly stand or
raise your hand. She concluded saying "Commissioners we strongly
ask you also to stand up for a better neighborhood in the Madden
Road area, lets keep this neighborhood as it is, lets create a
better Jacksonville. Thank you very much."
Mr. Henry stated that he would like to point out that the
property h~s been zoned C-1 for many years, before some of the
single-family residents next to it were actually constructed. He
then stated that there are various permitted uses in C-1, that
simply by platting a street from the C-1 property to Madden Road
which is permissible under the subdivision ordinance can gain
access for a C-1 development which would probably provide more
impervious surfaces, more drainage problems, more traffic. He
stated that he does understand that people have fears . of the
unknown and that apartments are something that is unknown, adding
that they will be quality apartments that will offer less
blighting influences than some of the other uses that are
permitted by right. He stated that for instance, a funeral home,
beauty and barbershops, coin-operated laundries, pharmacies,
daycare facilities. He related that many of those uses are more
inconsistent to the single-family neighborhood than what is
proposed. He pointed out that the proposal is single-family
occupancy, adding that Mr. Medlock will maintain his property. He
stated that they are asking for the opportunity to provide a
benefit, to not only the City of Jacksonville, but also one that
will be a buffer and a reasonable use to the adjacent single-
family properties when you consider those that are already
permitted by right.
Mrs. Geradine New of 2413 Linda Lane re-addressed the Planning
Commission saying that she understands Mr. Henry's point of view,
adding that they are not afraid of the unknown and are familiar
5
0001.06
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
with what happens to property values. She stated that given all
concerns expressed, they still restate that the neighborhood does
not need the apartment complex and would appreciate the
Commission's consideration.
Chairman Brannen closed the public hearing at approximately 7:36
p.m.
Commissioner Wilborn related that the item was denied two-months
previous and that one of the most important considerations was
traffic. He related that he had spent 30 minutes parked at the
proposed site to observe traffic, saying that it was terrible. He
pointed out that the road is narrow and has no sidewalks with
little drainage. He stated that it astonishes him to think of an
d(JaL·LmeuL complex in the proposed location.
Chairman Brannen recognized the request for the C-1 property,
asking Mr. Henry if there is any thought to a future rezoning
request for the R-1 property to R-2 or R-3 for more apartments.
Mr. Henry replied, no sir. He then stated that the feeling was
clear from the previous meeting that the R-1 frontage was R-1 and
they can appreciate LuctL. He rerctinded the Comrnission that the
street was moved in such a way that the only thing that would be
developable on that tract in the future would be single-family.
He stated that given the street location it would be devoted to
single-family occupancy on either side, which is the only thing
the ordinance would fit in there. He stated that a lot of work
went into reducing the units and trying to take advantage of the
problems created by the C-1 zoning. He stated that he does not
have knowledge of anyone else's plans for the future, but Mr.
Medlock is committed to this project if approved, otherwise, he
will look for something else.
In response to a question from Commissioner Young, Mr. Henry
stated there has been a serious effort to obtain access off T.P.
but it is unavailable without making the project totally
economically unfeasible. He stated that the price of access is
more than the price of the land.
To address concerns expressed by Mrs. New, Commissioner Hardwick
asked the City Engineer if there were any concerns regarding fire
protection if developed.
City Engineer Whisker stated that the Fire Marshall has reviewed
the plans and is requiring a fire hydrant at the entrance, adding
that access with the equipment will come as part of the plat.
6
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
000107
Commissioner Hardwick stated regarding privacy issues of two-
story construction that many single-family subdivisions have two-
story homes and that the most recent commercial development on
the corner of Madden and T. P. White is two-stories. He related
that he is not sure that makes a difference regarding the
conditional use. He then asked Mr. Tommy Bond to address
concerns regarding water pressure in the area.
Mr. Bond stated that being a Sewer Commissioner he is not aware
of any.
Commissioner Hardwick then addressed the question to Water
Commission Chairman, Mr. Thad Gray.
Mr. Gray stated, none that he was aware of, adding that Mr. Bond
lives in the neighborhood and should know.
Mr. Bond reiterated that he is not aware of any.
Mr. Gray added not that are no pressing concern to the Water
Commission.
Commissioner Hardwick addressed the issue of pride, saying that
pride is obvious by the turnout, but pointed out that there is an
existing apartment complex already in the neighborhood which has
not been detrimental to the neighborhood. He stated that there
is a single-wide mobile home on Linda Lane that has not been
detrimental to the neighborhood, adding that he is unsure why 20
new apartment units would be considered detrimental. He stated
that regarding property value, the property for proposed
development is already zoned C-1 and that he is unaware of any
studies that would indicate that developing multi-family would
decrease property values more than commercial. Reiterating that
the existing apartments have not made the neighborhood
undesirable, which is the argument from opposition. He stated
that if the property were being proposed from R-1 to multi-family
that might be a different case. He stated that he felt the two
concerns of traffic flow and water drainage need to be addressed.
He asked City Engineer Whisker to address.
City Engineer Whisker stated that he did not have actual numbers
regarding traffic counts, adding that drainage and sidewalk
issues are being addressed. He stated that a survey of the area
has been started to begin the process of drainage and sidewalks
simultaneously. He related the need for a cost estimate to
proceed with the project.
7
0001.08
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
Commissioner Hardwick questioned if before a building permit is
issued would it not be required that drainage plans be approved.
City Engineer Whisker stated that regarding a building permit,
they would have to submit a site plan and drainage would be a
part of that issue. He stated that he believes the drainage
flows northeast.
Commissioner Young questioned if the developer would be
responsible for water retention regarding increases.
City Engineer Whisker stated that he believes that is how the
ordinance is written depending on size, adding that he believes
there is a retention area required.
Discussion ensued including members of the audience regarding the
flow of drainage.
Commissioner Hardwick addressed the issue of difficulty for
Planning Commissioners in a small community to deny requests from
businessmen. He clarified that in a recent meeting with
Metroplan, ethics were discussed regarding when a Commissioner
si1uulJ Lecuse himself. He stated that he had considered that for
tonight's meeting but stated that the fact of the matter is that
he is comfortable with the way he has voted in the last seven
years. Saying that in fact, if you ask some of his customers most
of his votes have been votes that have cost them additional money
to do things that they would rather not have done. He added LhciL
he understands that there are concerns. He went on to say that
he has talked to the petitioner and if it would make anyone feel
better, if the motion were to pass he would ask Mr. Medlock not
use the financial institution that he is associated with. He
stated that regarding Commissioner's service to the Board,
interested parties should attend all meetings and not just on
occasion to see how the Commission acts.
Chairman Brannen stated that he stands behind Commissioner
Hardwick's statement 100%, saying that Commissioner Hardwick has
done a fine job on the Commission.
In response to a question from Chairman Brannen, City Engineer
Whisker stated that the proposed street development has been
moved 25-feet west, approximately 270 from Linda Lane. It was
noted that the new location of the proposed street would not
create more traffic than the original plan.
8
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J
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
000109
In response to a question from Commissioner Perry, Mr. Medlock of
8208 Brighten Drive related that the house will be torn down. He
added that he is not fully sure when, but assured the Commission
that it will be before the project is completed.
Commissioner Young questioned possible plans for landscaping
along the drive, near the adjacent homes and the fence area that
will back up to the homes on Linda Lane.
Mr. Medlock indicated that he would like to plant Bradford Pear
Trees every fifteen feet. He stated that Bradford Pear Trees
grow very quickly and will provide a good screening.
Mr. Harry Roderick addressed the Commission, saying that his home
is adjacent next door to 900 Madden. He related that when he
purchased his house he considered it an investment. He stated
that he also looked at it as what he could do for the community,
adding that he has been told by a lot of people that they did not
even know it was there and if they did it must have been an eye
sore. He related that when he purchased his house the landscaping
was non-existent, and that he has put $20,000 into the house. He
stated that being in the military, he has experience with
apartment living and unfortunately, they do not have my morals
and do not keep the property up because it is not their property.
He stated that he would like to see the Commission table the
request and at least come by his property. He stated that he is
being transferred and was told by his realtor that he would loose
about 20% of the value of his home. He stated that he is aware of
a two-story house on Northeastern across from the apartments that
went below appraised value after being on the market for a long
time. He related that he has also been told that people who are
looking at his property are waiting to see what this Commission
does. He stated that he sees what apartments do to a community,
there is no trust. He related that he knows his neighbors by
first name and if they need something they come and borrow it,
adding that unfortunately with apartment tenants they are here
today and gone tomorrow. He stated that he realizes there should
be progress in a community, but when he purchased his house they
asked if the adjacent land could be rezoned, adding that he was
told that there was no way that it would be rezoned. He stated
that when he purchased his house he did the research and found
out that the property was zoned R-1 and that it was owned by Mr.
West who owned the entire strip and he was the one that had the
C-1 access so he felt comfortable. He stated that his question
would be when the new owner purchased, did he research it to see
if he could get access to R-1 prior to purchase. He related that
when he makes mistakes, he lives up to them and he believes that
9
0 001.1.0
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
unfortunately the buyer made a mistake and did not research to
make sure that he could get access before he purchased the land.
He added that now the buyer is asking all the homeowners in the
neighborhood to sacrifice and allow him to get off the hook. He
stated t hat he h as seen many apa r tments that are good looking for
about five ye ars and then the y get sold. He stat e d just as
houses are sold, but instea d of just on e , t her e is a multitude
sold to s omeone out of state . He s t a ted that it ma kes him
uncomfortable that the owner does not live in Jacksonville. He
added that he is not a lawyer, but has faith in the Commissioners
as h omeown ers t o p rotect h is i nvestment. He stated that the
appr ais al v a l ue of his home i s pending the request out c ome. He
asked t he Commiss ion not t o j eopardize his family a nd t h e other
famil ies . He reiterated t hat he has lived in apartmen t s and is
aoking as a homeowner, a husband, anrl ~ f~th~r to at least just
consider that and if the Commission can't decide than at least
table and come out see what the community looks like.
Commissioner Wilborn moved, seconded by Commissioner Perry to
deny the request for a Conditional Use of R-3 in the C-1 zoned
property adjacent to 900 Madden Road. ROLL CALL: Commissioners
Young, Keaton, Hardwick voted NAY. Commissioners Perry, Wilborn
---.._-~ "''U''I!t ''"mTI"'\.._T '1:'1\ TT 'C'T'\ VU'-'=Y ~.L.I:.I. J.•~"-'-'-•""-'·''" -..s-a ... .,.....,.~ •
Commissioner Wilborn moved to table the item of business until
all Commissioners are present for a full vote. MOTION DIES FOR
LACK OF A SECOND.
Commissioner Hardwick asked Commissioners Perry and Wilborn if
there were additional considerations outside traffic and drainage
not yet addressed.
Commissioner Wilborn stated that all concerns were addressed. He
added that he personally would not like to have apartments built
in his backyard, especially if the property on both sides is R-1.
He stated that the property is very small, he would not want the
development, and that the majority of the citizens in this
audience do not want it. He stated that it is going to cause
problems not only with traffic. He related concerns for Madden
Road traffic, stating that to be the reason he made the motion to
deny. He stated that he has no knowledge of ownership but feels
it is his right as a commissioner to vote no.
In response to a question from Chairman Brannen, City Engineer
Whisker related that the development would accommodate City Fire
Equipment and the Fire Marshall has reviewed plans.
10
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P .M.
oco:i 11.
Commissioner Hardwick moved, seconded by Commissioner Young to
grant the conditional use of R-3 in C-1 zoned property adjacent
to 900 Madden Road as requested.
Commissioner Young stated that in speaking with other developers
regarding the property he learned that the proposed area is
considered a hard site for single-family development. He voiced
concerns for permissible C-1 development of the area.
Commissioner Perry stated that C-1 is meant to be a development
between commercial and residential to provide a buffer. He added
that if the drainage were adequate and there were road
improvements, it would be a great time for development, but not
until improvements are made. He explained his experience with
flooding of his previous home, saying that an impervious surface
will create additional water runoff. He stated that for that
reason he feels the development should not be allowed.
Commissioner Young stated that water detention should be
required.
Chairman Brannen read the definition of conditional use provided
by Metroplan "Conditional uses is a use permitted within a zone
where they are specifically listed as conditional use and are
subject to special requirements (conditions) that are not spelled
out in the zoning text. By definition, conditional uses are not
uses permitted by right within a zone and thus do not have to be
granted approval simply because a request for it has been made.
The Planning Commission and/or the City Council .: determine the
conditions that need to be placed upon the development at the
time of the zoning request. Conditions can included a wide range
of restrictions such as to use, size, design, development timing,
etc. and can be stipulated as a means to mitigate potential
adverse impacts that could be expected to occur without imposing
such conditions." He then questioned if Commissioner Hardwick
would like to include any conditions with the motion.
Commissioner Hardwick stated that drainage had been his concern
but that had been clarified by the City Engineer. He then stated
that he travels Madden Road daily and is familiar with the
traffic flow, adding that he does not feel that 20 units will
make any more difference than Foxwood Phase IV or Critter Hollow.
He stated that concerns he had regarding traffic flow have been
resolved to his mind and water, which he has reviewed with the
City Engineer. He added that the Planning Commission will have
the opportunity to make sure that drainage is adequate when the
building permits and plot plans are presented for approval.
11
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
MOTION RESTATED: Commissioner Hardwick moved, seconded by
Commissioner Young to grant the conditional use of R-3 in C-1
zoned property adjacent to 900 Madden Road as requested. ROLL
CALL: Commissioners Young, Keaton, Hardwick voted AYE.
Commissioners Perry, Wilborn voted NAY. MOTION CARRIED.
THE COMMISSION TOOK A FIVE-MINUTE BREAK RECONVENING AT
APPROXIMATELY 7:56 P.M.
DEVIATION IN AGENDA:
Commissioner Hardwick moved, seconded by Commissioner Perry to
approve the minutes of the regularly scheduled Planning
Commission Meeting of 4 April 2001. MOTION CARRIED.
RESUME AGENDA:
b. CONDITIONAL USE C-1 in R-1 zone at 300 North Jeff Davis for
Bethel Baptist Church
Chairman Brannen opened the public hearing at approximately 8:00
p.m.
1v1r. ChaL"le::; Cornelius representative for Dethel Baptist Church
located 112 & 300 North Jeff Davis related that they are
requesting a conditional use at 300 North Jeff Davis for parking
on Sunday and Wednesday when the church property is being used.
He stated that the property at 300 North Jeff Davis is a single-
family home consisting of 3-bedrooms with two baths, a kitchen,
and carport. He stated that the church would like to use the
property for a classroom, saying that primarily it would be used
Sunday morning, Sunday night, Wednesday night and occasionally at
other times. He related that they are willing to do whatever is
necessary to make the property suitable for conditional use
regarding drainage that may affect the neighbors. He related
that the church does not want to offend any of the neighbors.
Mrs. Bobbie Burney of 304 North Jeff Davis, stated that she lives
next door to the property and does not have a problem the
request, but noticed that after the parking area was bulldozed it
increased drainage. She related that the former City Engineer
had related that there was a provision for privacy fence if it
became a parking lot. She reiterated concerns for drainage and
the privacy fence for her and her neighbor Mrs. Curtis. She
concluded saying that they are not opposed if drainage and the
privacy fence are addressed.
12
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
000~13
Mr. Cornelius assured the Commission that the church has no
problem correcting any problem that might affect the neighbors
and asked that consideration be given to those guidelines. He
stated that he would not like to make the choice of a privacy
fence that the neighborhood might find unacceptable. He stated
that he was unaware of a drainage problem but it will be taken
care of. He requested guidelines from the City Engineer regarding
drainage.
Chairman Brannen closed the public hearing at approximately 8:15
p.m.
City Engineer Whisker stated that he was unable to
written guidelines for the fence but assumed the
requested a privacy fence that is not an eye sore.
find any
neighbors
In response to a question posed by Commissioner Hardwick, Mr.
Cornelius stated that he had not spoken to the neighbor located
behind the property but was informed by Mr. Billy Hall that the
resident on Hospital Drive might be interested in selling the
property. He stated that the property is rental property and
that the church has considered purchase of the property.
Alderman Elliott addressed the Commission saying that the
property on Hospital is owned by his mother who resides there,
adding that she in not opposed to the request if concerns are
addressed to the satisfaction of the neighbors.
In response to a question from Commissioner ~ilborn, City
Engineer Whisker related that he did not feel drainage resolution
would require more than a grass ditch to the front of the
property.
Mrs. Burney stated that she has spoken with the Mayor regarding
drainage concerns of the property along the front of North Jeff
Davis.
City Engineer Whisker stated that it his understanding that each
property owner would be responsible for the purchase of pipe to
upsize the drainage capacity. He stated that the main drainage
for the area is along the front of North Jeff Davis and would be
the proper location for the drainage to flow from the parking
area.
Commissioner Hardwick moved, seconded by Commissioner Wilborn to
grant the conditional use of C-1 in R-1 zone at 300 North Jeff
Davis condition upon the construction of the privacy fence to be
13
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
deter.mined by the City Engineer and resolution of drainage
problems, requiring the church to participate in the pipe
upsizing project for as long as Bethel Baptist Church operates as
it is presently operating. MOTION CARRIED.
BUILDING PERMIT{S): 1912 McArthur Drive
Chairman Brannen related that the request is for an expansion of
the day care facilities located there.
Mrs. Cara Walloch explained that they would like to expand the
existing building to better accommodate the after school children
that currently have to go to a lunchroom area. She stated plans
to add two classrooms and a garage.
In response to a question from Commissioner Hardwick, Mrs.
Walloch related that the proposed expansion is the area between
the existing building and the playground area.
City Engineer Whisker stated that the building permit is a metes
and bounds request. He asked that any approval included the
approval of the Fire Marshall and himself.
Discussion ensued and it was pointed out that there is no curb on
McArthur Drive and the one-way drive would provide for a better
flow of traffic.
Commissioner Hardwick pointed out that the property is i:idj dcent
to Oakwood Apartments in the rear and does not seem to present a
detriment.
Commissioner Wilborn moved, seconded by Commissioner Perry to
approve the building per.mit request for the expansion of the day
care facility located at 1912 McArthur Drive. MOTION CARRIED.
REQUEST TO APPROVE PLAT :
a. FINAL PLAT Fair Oaks Subdivision Phase II
Mr. Bond related that the project began two
that the street is paved but the Water and
not sent letters of acceptance yet so
approval contingent on acceptance from both
years ago. He stated
Sewer Department have
they are requesting
Departments.
Mr. Bond then related that the issue of sidewalks would only
apply to lot 4 8 F adjacent to Main Street. It was noted the
street name of Anna Cove may need to be change due to duplication
or similarity.
14
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
OCOl.:lS·
Mr. Jerry Smith related that the sidewalk for lot 48F would be
approximately 100 to 150 feet long. He pointed out that the
sidewalk would lead nowhere. He stated that in his opinion it is
only an added expense. He stated that going back toward
Jacksonville on West Main Street, there will never been any
development because it is all below the flood plain and in the
flood way. He reiterated that there is no purpose for the
sidewalk. He related that City Engineer Whisker had mentioned
the Master Sidewalk Plan, saying that if Main Street is widened
later the sidewalk will be torn up and torn away making way for
new drainage. He stated that he would rather spend the money on a
drainage structure behind the subdivision.
Mr. Bond clarified that Mr. Smith was referring to a paved ditch
that had been discussed with City Engineer Whisker approximately
the same length as the sidewalk requirement. He related that Mr.
Smith would rather spend the money on drainage than a sidewalk
that would be hard to determine if it would ever serve any useful
purpose. Mr. Bond then pointed out that the ordinance does
provide the Planning Commission with the authority to waive the
requirement for sidewalks.
City Engineer Whisker related that he understood that the
ordinance gave the Planning Commission the authority to grant
variances. He referred to Jacksonville Municipal Code page 155-
2, reading, "where conditions warrant the Jacksonville Planning
Commission may grant variances to the terms and conditions
required by ordinance." And it goes on to say how the City
Engineer consider variances in the construction standards not the
variances of the actual sidewalk just to the standards of
construction.
In response to a question posed by Chairman Brannen, Mr. Bond
related that the subdivision is on West Main approximately 300
feet east of Harris Road.
Commissioner Perry questioned the location of
drainage structure and Mr. Bond related that there
outlet structure located at the culdesac.
the proposed
is a proposed
City Engineer Whisker stated that he believed that both would be
best sui ted to Jacksonville. He pointed out that the sidewalk
would lead to Harris Road, which in turn leads to North Pulaski.
He pointed out that people would be walking to Harris Road and/or
to Fair Oaks over to Amy Lane and again to Harris Road and up
Harris Road.
15
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
Commissioner Wilborn related that there are no sidewalks
currently on Harris Road.
Discussion ensued and City Engineer Whisker stated that Fair Oaks
Subdivision Phase I or Harris Road did not fall under the current
requirements for sidewalks. He reminded the Commission that
Madden Road was constructed before sidewalk requirements, but
that he would return in couple of months with estimates regarding
costs for a sidewalk in that neighborhood.
In response to a question from Commissioner Young, City Engineer
Whisker related that he would request the sidewalk to be located
to the far inside area of the right-of-way so that any widening
of West Main would hopefully not interfere with the sidewalk. He
stated that the outside of the sidewalk would touch the forty-
feet so that the five-foot sidewalk would then encroach on the
City right-of-way.
City Engineer Whisker stated that acceptance from the Water and
Sewer Department and the question of sidewalks remain before
being sent to the City Council. It was noted that the Fire
Department has signed off on the plat.
Further discussion ensued and City Engineer Whisker related that
he believes the position of the City Council regarding sidewalks
is that pieces of sidewalks are better than none. He pointed
out that the City spent close to $100,000 constructing sidewalk-
connections last year.
Commissioner Hardwick pointed out legality concerns regarding the
Americans with Disabilities Act and City Attorney Bamburg
verified.
Commissioner Perry moved, seconded by Commissioner Hardwick to
approve the Final Plat of Fair Oaks Subdivision Phase II subject
to acceptance from the Water and Sewer Departments . MOTION
CARRIED.
b. REPLAT Lots 142A & 143A Northlake Subdivision Phase III
Mr. Bond related that the property was originally platted in 1981
or 82. He related that originally there were two driveways,
pointing out that the lots both face the lake and the two
driveways are 15-feet wide. He stated that lot 143A had a
driveway that ran in front of lot 142A, adding that a home was
built on 143A and the driveway was redirected. He stated that
the owner of 142A did not feel that it made much sense for the
16
("
I
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
0001.1'?
owner of 143A to have a strip of land in front of his house,
between his house and the lake. He stated that the replat would
effectively do away with the land platted in front of lot 142A.
City Engineer Whisker related that the Fire Department has
consented, added that as a replat it did not need to come before
the Planning Commission but he felt due to the unusual
circumstances it is being presented.
Commissioner Wilborn moved, seconded by Commissioner Hardwick to
approve the REPLAT as requested. MOTION CARRIED.
c. PRELIMINARY PLAT: Oak Ridge Ranch Subdivision
Mr. Bond related that the City Engineer had expressed some issues
of concern one of which was sidewalks. He related that the other
issue is the access road form Maddox Road to the development. He
stated that they are requesting a rural type road of 20-foot
asphalt with a 4-foot gravel should as opposed to curb and
cutter. He pointed out that no part of the proposed road is a
part of Mr. Smith's property. He related that the request is in
order to save money, adding that the development has 55 lots and
is very expensive. He related that the developer is building his
own pump station and extending an 8" water _ line to the
development and building a force main approximately 2 miles long
to serve the development. He stated that if was felt that this
type of road would not jeopardize the appearance of the
development. He stated that they would like to build the 20-foot
asphalt road to County standards and then landscape the entrance
and construct a sign identifying the development.
In response to a question posed by Commissioner Hardwick, Mr.
Bond stated that the property has not been annexed yet, adding
that they are investigating some ownership from out of state. He
mentioned the church, saying that it would be to their advantage
to join regarding fire insurance rates.
City Engineer Whisker stated that if the property is annexed the
road should be constructed to City standards. He then related
that City ordinance would require sidewalks on Oak Ridge Drive
and around the circle' adding that he feels it should go to
Maddox Road if it is being considered for acceptance into the
City.
In response to a question from Commissioner Wilborn, Mr. Bond
related that the easement does not belong to Mr. Smith but is an
easement for a road that belong to the adjoining property owners.
17
ooo:f1S
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
It was noted that the property owner actually own Maddox Road as
an easement road.
Mr. Smith stated that he hopes to develop a very exclusive
subdivision, pointing out that the lots are almost an acre as
required by a density factor regarding the Little Rock Air Base.
He related that if he had developed the 65 acres with 255 lots it
would have been more costs effective to do the improvements
mentioned by the City Engineer. He stated that he has currently
an investment of close to $700,000 to develop the property. He
stated that the six hundred feet of road between Maddox Road and
the subdivision is in the County and is not owned by him. He
stated that it will probably never be in the City because the
adjacent owners do not want to be in the City. He related that
he intends to build curb and gutter within the subdivision,
adding consideration for drainage to make it a "Class A, number
one subdivision". He stated that he has 55 lots on 65 acres with
at the most 14 lots on any street, adding and that it is his
understanding that a culdesac up to 20 lots does not require
sidewalks. He questioned if a culdesac with 20 lots does not
require sidewalks why does a street with 14 lots require
sidewalks. He pointed out that the frontage on the lots range
frorcL 150 up to 250 or 300 foot, adding thtJ.t Gidcv .. Talk costs per
lot is an average of $2,000. He stated that in his opinion given
the area those residents would not want a sidewalk. He stated
that it will cost $35,000 to construct sidewalks just in the
inside area of the subdivision, adding that if they are required
up to Maddox .koad it will cost close to $60,000. He stated LllaL
curb and gutter of the street would cost an additional $12 to
$15,000. He stated that if he is required to expend $75,000 to
80,000 plus an additional $40 to $50,000 requested by the Sewer
Commission it would not be feasible. He stated that he would
want the City to make it a first class subdivision but added that
you have to step back and look at the actual costs is and what
the benefits are. He stated that the subdivision will not expand
more than 55 lots, adding that the reason it was developed that
way was because of the density factor of Little Rock Air Force
Base.
In response to a question from Chairman Brannen, City Engineer
Whisker related that the City is not required to place sidewalks
in the subdivision.
In response to a question from Chairman Brannen, Mr. Bond stated
that he believes the flood plain only crosses lot 17 because lot
16 is not designated as such.
18
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
ooo:t1.9
Mr. Bond stated that in the City's previous subdivision
regulations concerning sidewalks had a provision for large lots
stating that any lot that exceeded 100 feet in width was not
required to have a sidewalk. He pointed out that the new
ordinance does not speak to lot size regarding sidewalks, adding
that the actual wording states is "culdesacs less than 20 lots.u
He reiterated the expense regarding lots that average 150 feet.
In response to a question from Commissioner Perry, Mr. Bond
related that lot one is be dropped from the subdivision, adding
that it is Mr. Smith's personal lot will have access from
Pridmore Lane. He stated that one reason it was dropped was
because of sidewalk requirements with the lot being 400 feet in
width.
It was noted that front setbacks for the County is 25 feet, City
Engineer Whisker related that City setbacks are more stringent.
Commissioner Hardwick noted that in the past discussion has
centered around the subdivision only as it relates to being
annexed into the City. Questioning if approved, is it to be
conditioned upon being a part of the City or is the Planning
Commission opting to exercise extra territorial jurisdiction
authority only.
Mr. Bond stated that the problem has been with a property owner
coming forward that is contiguous to the existing City limits,
adding that he believes the church will.
Discussion ensued regarding the Planning Commission's authority
whether the subdivision is annexed or not.
City Engineer Whisker stated that if the subdivision remained in
the County they would need to be contacted regarding the decision
making process.
Mr. Bond related
subdivision to be
protection.
that it
in the
would be advantageous for the
City regarding fire and police
Other discussion ensued regarding attempts to include property
owners in the annexation.
19
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7:00 P.M. -8:57 P.M.
Commissioner Hardwick moved, seconded by Commissioner Keaton to
approve as pres en ted with requirements that it be brought in to
the City of Jacksonville, with the requirement of sidewalks
inside the subdivision only, that the recommendation to the City
Council is that the City allow the developer build the road to
meet County standards and not require sidewalks from the
subdivision to Maddox Road. MOTION CARRIED.
Alderman Elliott clarified that if it is not addressed by the
City then the it will have to go to the County and the County
regarding consideration for a waiver on sidewalks and on the
street as part of the County.
d. PRELIMINARY PLAT AND PLANS FOR THE WESTERN HILL SUBDIVISION
Mr. Bond related that the sketch development plan was submitted
last month, adding that most issues have been worked out except
for sidewalks. He stated that lots 13 and 14 is being worked to
be larger with a private drive on the backside, adding that
negotiation with AP&L were mostly unsuccessful. He related that
there are exactly 20 lots on every street.
City Engineer Whisker relctLed that
lotsu for sidewalk requirements.
..L ,_ ----1-LUe ~uue '' 1 ---.L<::uu -1-L..~~ ')(\ L11011 £..V
Mr. Bond stated that dropping a lot would not make any sense,
adding that the development would costs the same with the
exception of sid+ewalks. He stated that it .would require
sidewalks on all streets with the exception of lots 12, 13 and
14.
City Engineer Whisker stated that those lots would require
sidewalks as well.
He related that there would be a shared drive between lots 13 and
14 with access for lot 12 from Western Hills.
City Engineer Whisker stated that there is additional work
regarding drainage issues for Western Hills Drive and the flow of
water near Cory Drive.
Mr. Bond stated that the water runs back to the east adjacent to
Cory Drive. He stated that it is presently a dirt drive and the
City is using the property to the south.
20
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 14, 2001
7 :00 P.M. -8:57 P.M.
City Engineer Whisker stated that sidewalks have to meet ADA
requirements, which will require curb cuts for ramps. He
mentioned curb and gutter for the private drive.
Mr. Bond stated
for the private
pulling over the
not a barrier.
have 4 to 5 feet
drive.
that City Engineer Whisker had stated concerns
drive adjacent to Main Street r ega rding people
sidewalk and blocking the sidewalks if there was
He related that he proposes that the sidewalks
green space between the sidewalk and the 20-foot
Discussion ensued as to the lots at the beginning of the culdesac
facing Western Hills would still require sidewalks for the entire
culdesac, City Engineer Whisker stated that Mr. Bond proposed the
same idea but he felt it would still require sidewalks because
the lots touch the culdesac per the Jacksonville Municipal Code.
Commissioner Young moved, seconded by Commissioner Wilborn to
approve the Preliminary Plat of the Western Hill Subdivision as
submitted meeting City standards regarding sidewalks. MOTION
CARRIED.
e. PRELIMINARY & FINAL PLAT DAWKINS COMMERCIAL SUBDIVISION LOT lF
Chairman Brannen noted that the item was business was removed
from the agenda by the petitioner.
GENERAL:
ADJOURNMENT:
Chairman Brannen without objection adjourned the meeting at
approximately 8:57 p.m.
Secretary
21
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00p.m.
7:00P.M.
JUNE 11, 2001
Regular Planning Commission
Meeting May 14, 2001
Informational meeting with Metroplan
April 23, 2001
5. BUiLDiNG PERiviiT(S): a. SiTE PLAN: 900 iviadden Road
6. REQUEST TO APPROVE
Petitioner: Brad Medlock
Represented by: Mike Clayton Engineering
b. METES & BOUNDS: Storage Barn
7012 So. HWY 161
Petitioner: Brian Dillon
PLAT(S): a. PRELIMINARY PLAT:
7. GENERAL:
ADJOURNMENT
Dawkins Commercial Subdivision
FINAL PLAT: Lot 1F
Dawkins Commercial Subdivision.
Petitioner: Coulson Oil
Represented by Development Consultants, Inc.
b. SKETCH PLAT:
900 Madden Road
Petitioner: Brad Medlock
Represented by: Mike Clayton Engineering
("
r OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11' 2001
7:00 P.M. -8:29 P.M.
000123,
Chairman Brannen opened
expressing appreciation
roll call.
the meeting at approximately 7:00 p.m.
for those in attendance and requested
ROLL CALL: Commissioners: Bill Corroum, Chad
Glen Keaton, Lester Piggee, Mark Perry,
answered ROLL CALL. Chairman Brannen also
PRESENT Seven (7), ABSENT (0). One opening.
Young, Bobby Lester,
and John Hardwick
answered ROLL CALL.
Others present for the meeting were City Engineer Whisker, Mr.
Tommy Bond, Alderman Elliott, Alderman Stroud, Alderman Howard,
Alderman Sansing, interested citizens, and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Perry moved, seconded by Commissioner Corroum that
the minutes of the 14 May 2001 Regular Planning Commission
meeting and the minutes of the Informational meeting with
Metroplan of 23 April 2001 be APPROVED. MOTION CARRIED.
PUBLIC HEARING(S):
BUILDING PERMIT(S): a. SITE PLAN 900 Madden Road
Mr. Mike Clayton stated that he is the representative for Brad
Medlock Construction regarding the site plan and construction for
the multi-family complex at 900 Madden Road. He stated that they
are requesting a building permit, pointing out that it will be a
four-plex type of construction.
He related that he would like guidance regarding the sketch plat
and issues for land development. He presented the Commission
with copies of a sketch drawing regarding the lot layout.
Chairman Brannen requested presentation of the site plan
regarding the request for a building permit.
Mr. Clayton stated that he would need guidance on how to develop
the property before submitting a site plan. He stated that with
feedback from the Planning Commission on how best to subdivide or
develop, he would return next month with a request for a building
permit, and sketch/preliminary plats. He explained that the
property is a narrow lot of 133' by 773' deep with the first 300
feet off Madden Road zoned R-1. He stated that access is
proposed to off Madden Road with one road to serve the five
buildings. He related development efforts to place a dead end at
the end of lot 1 to prevent a thoroughfare onto the access road,
adding that the biggest question is how to show an access
1
000124
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11 1 2001
7:00 P.M. -8:29 P.M.
easement or a road along the five lots. He pointed out that the
property is unique because of the narrowness of the lot, adding
that if it were wider then a fifty-foot roadway either public or
private would not be a problem. He stated that one fundamental
concept regarding subdivisions is that a road either public or
private should abut every lot. He related that two approaches
would be to either divide the property into six lots leaving lot
six zoned R-1 toward Madden Road and have a private drive that
accesses the five lots or to develop all of the property as one
lot and have the access be a parking lot type access off of
Madden Road that goes through lot 6. He then requested some
guidance and feedback for a direction the Planning Commission
felt comfortable with.
Chairman Brannen pointed out that lot G is zoned R-1, and that in
the previous meeting he had questioned Mr. Henry who advised the
Planning Commission that there was no intention at all of
developing the R-1 area.
Discussion ensued and it was clarified that lot 6 is not being
proposed for apartment development but that Mr. Clayton was
referring to a parking area for lot 6 in one of the two
scenarios.
Commissioner Lester expressed concerns for flooding and asked of
the two scenarios, which would create more concrete surface.
City Engineer Whisker then related that if the property was
subdivided into six separate lots then it could be possible in
the future that a lot be sold separately from the other lots,
causing various owners for the separate apartment units without
an access easement. He stated that he felt it would be a better
solution to make a one-lot subdivision and have a driveway to all
the apartment units so that it remains under one ownership.
It was noted that keeping what is being termed "lot 6" as part of
the one-lot subdivision would still carry the restriction of no
multi-residential development on the first 300 feet of the land
unless rezoned.
Commissioner Lester restated his question regarding development
and flooding issues.
City Engineer Whisker stated that he felt either option would
create the same configuration.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
Commissioner Corroum question road location, initial buildings
planned and their footprint.
Mr. Clayton stated that the proposed road or access would be on
the east side of the property line beginning at Madden Road and
running parallel, using the eastern most property line as the
edge of the road. He then related that Mr. Medlock is proposing
to build on lot 4 first, saying that Mr. Medlock wants to build a
single building at this time and then go on to complete
development on the other lots or property.
Mr. Clayton then addressed Commissioner Lester in response to his
earlier question, stating that he has surveyed the property and
that there are some hidden swells that run west to east. He
stated that he does agree that some draining provisions will have
to be made, but would need to evaluate that a more closely. He
explained that there are two types of flooding to be concerned
with, saying that one is basically water that cannot move out
fast enough and the other is water that is backing up from down
stream. He stated that both concepts would be evaluated. He
related that if the water comes from down stream backing up, they
will elevate the buildings enough to avoid any concerns in terms
of first floor flooding, adding that if it is a question of water
that cannot can not get out fast enough, provisions will be made
regarding concrete swells or piping. He then stated that
concrete swells are probably more appropriate than piping, saying
which ever is acceptable to the Commission with the least amount
of maintenance and improves hydraulics in the area. He added
that the developer does not intend to damn up the natural flow of
water, assuring the Commission that drainage will be addressed.
Commissioner Corroum asked for a site plan or footprint for the
apartments.
Chairman Brannen stated that he would
clear, saying that the sketch plat and
the Engineer's office at least seven
meeting so that the Commissioners have
all material prior to the meeting.
like to make one thing
all plats should be into
(7) days prior to the
an opportunity to review
Mr. Clayton apologized, saying that he would return next month
with plans reflecting the guidance of the Planning Commission.
In response to earlier questions, Mr. Clayton referred to a
sketch plat showing construction of the five buildings to the
northern most part of the property.
3
0001.26
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
In response to a question posed by Chairman Brannen, Mr. Clayton
related that the R-1 area being termed lot 6 would be considered
undeveloped, adding that he understood that Mr. Medlock would
have the option to build a single-family home and sell the home.
It was clarified that it would not be used as a parking lot. Mr.
Clayton stated that parking would strictly be in front of the
apartment buildings. He then stated that the building would be
two-story four-plexes 43' X 80' with appropriate setbacks to meet
fire codes between each building and landscaping.
Commissioner Hardwick commented that the Commission would not be
able to act on a site plan or sketch plat tonight, but offered to
Mr. Clayton that based upon recommendation from City Engineer
Whisker and the fact that the Commission does not want the four-
plexes on individual lots, it would be bcot to advise the
petitioner to come back with a sketch plat that would show two
lots. He pointed out the R-1 area as one and the second being
proposed lots 1 through 5 on the sketch drawing which does not
have to have a street because it becomes an apartment complex.
He offered that the Commission could just simply review to ensure
adequate parking and fire provisions.
Commission Haraw1cx moved, seconded by Cowuissiou~r L~st~r that
the item be tabled until petitioner returns with a two-lot sketch
plat for the 900 Madden Road area.
Commissioner Corroum offered items for discussion and
consideration for the next meeting regarding the site plan. He
mentioned the proposed dead end road at the end of lot 1 to
preclude any connection through to T.P. White Drive.
Mr. Clayton responded that if the property is divided into lot 1
and lot 2 the road could dead end at the beginning of lot 2 in a
culdesac type concept. He related that Mr. Medlock may have
spoken to the Fire Marshall concerning a secondary access coming
off T.P. White for emergency purposes only so that a thoroughfare
is not encouraged as an alternative way to Madden Road.
Commissioner Perry pointed out that during earlier discussions it
was related by the petitioner that ability to access the property
off T.P. White would make property development unfeasible.
Commissioner Corroum related that price for access was offered as
the reason, adding that it now seems it may go through sometime
in the future. He stated that he did not think a dead end would
be the best way to develop the access, adding that he would
prefer to have a turnaround in a culdesac type situation.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
OCO:l.~7
Mr. Clayton related that a turn around would be appropriate for
emergency vehicles, adding that the garbage would be handled by
private contract so the area would need to accommodate dumpster
trucks. He stated that the access would not be a true dead end.
Commissioner Corroum related that drainage has been a
neighborhood concern, and he appreciates that the developer is
addressing the issue. He mentioned the privacy issue, noting
that the developer has agreed to construct a privacy fence. He
then offered that he would hope that the developer would also
consider some fast growing trees that may minimize disturbance to
the neighborhood.
Chairman Brannen offered that landscaping issues were addressed
at the last meeting and the developer agreed to plant Bradford
pear trees and construct the fence.
Mr. Clayton stated that when they returned with the site plan
they could offer a variety of trees for consideration to
establish a true buffer. He returned to the issue of drainage,
saying that the developer is proposing concrete swells or ditches
sized enough to keep the water flowing, adding that they may run
into downstream concerns. He explained that when improvements
are made to one property, concerns have to be addressed before
the water reaches the next property. He stated that he would be
happy to work with the Commission to address all drainage
concerns.
Commissioner Hardwick related that Mr. Medlock had agreed to a
retention basin if necessary, offering that as the site plan is
developed some property may need to be dedicated for retention.
At this time, MOTION CARRIED.
b. METES AND BOUNDS BUILDING PERMIT 7012 South Hwy 161
Petitioner Mr. Madsen explained that he would like to construct a
metal building for storage.
In response to a question from Commissioner Hardwick, Mr. Madsen
related that he has no intention to subdivide the property.
Commissioner Piggee moved, seconded by Commissioner Keaton to
approve the Metes and Bounds building permit for 7012 South Hwy
161. MOTION CARRIED.
REQUEST TO APPROVE PLAT: a. PRELIMINARY PLAT Dawkins Commercial
Subdivision/FINAL PLAT Lot lF of Dawkins Commercial Subdivision
5
0001.~·:8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
Mr. Robert Brown from Development Consultants began addressing
concerns regarding the alignment of the proposed subdivision
street. He stated that plans were approved several years ago
featuring a loop street that ran from Marshall through to Main,
but those plans were not developed. He related that currently
there is an opportunity to develop the site with a combination
McDonalds/convenience store. He related that platting and
development requirements were discussed with City Engineer
Whisker, who looked at the property and the possibility of making
that connection. He stated that several different options were
studied regarding looping a street from Marshall through to the
intersection or having it meet where the culdesac is proposed.
He pointed out that when he received the building information and
laid out the site, it became obvious that a street off Marshall
Rudd wds not possible. He then pointed out that they begun
looking at alternatives to either have a street as shown or have
one that would connect to Municipal Drive intersection. He
stated that connecting a street to the intersection presented key
concerns regarding large additional costs, and loss of control to
make Municipal Drive extend on its alignment. He stated that
improvements to align Municipal Drive would occur on neighboring
property as well as theirs, affecting at least four adjacent
landowners and basically L·uru1lr1~ LllLOugl-1 tl-le edge of tl-le parkir1g
lot. He related that the extension would require reconstruction
of the street, intersection, and some portion of the parking lot.
He added that it is outside their control to make happen. He
said that the developer would not want to incur cost for
improvements to the neighbor's parking lot or the redesign of the
traffic signal, reconfiguration of the mast arm poles, and
sensors. He related that a survey shows the adjoining property
has an easement and that with an easement from Coulson it would
be possible to formulate an aligned drive but not a street
extension. He reiterated the lack of control to force neighbors
to make improvements, adding that he doubts the City would want
to incur costs. He related that the developer would be willing
to rebuild the street if it were a simpler location within their
control. He stated that the site plan requires that they have
some exiting circulation near the northwest corner because of the
canopy fuel area for larger vehicles to exit the property without
having to go back through the site. He pointed out that lastly
it was discovered by City Engineer Whisker that an extension of
Municipal Drive is not actually on the Master Street Plan. He
stated that the proposal meets normal subdivision platting and
street construction requirements and that options were reviewed
and if there is a way the City could offer to help make that
happen then the developer would be receptive to build the street
that is on his property to help pull it together.
6
r
r
J
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
·oo01'""'9
In response to a question posed by Commission Brannen, Mr. Brown
related that fuel delivery trucks would exit back to Dawkins
Circle and proceed south.
At this time the Planning Commission viewed the site plan
presented to the Board of Adjustment for variance approval.
Discussion ensued regarding traffic concerns and Mr. Brown
pointed out that field delivery is only periodical and that the
diesel service will be minimal.
In response to a question from Commissioner Corroum, Mr. Brown
related that the store is a Coulson Oil Super Store with
McDonalds as a restaurant franchise for the other half of the
store. He stated that they would offer regular gas, and diesel
as a fuel man service. He stated that the development focus is
not a truck stop, but does accommodate diesel service on the
north side with two pumps primarily for a City contract service
and fleet fueling.
In response to a question posed by Commissioner Young, Mr. Brown
related that there are no development plans for the other lots.
He explained that they are proposing four lots to be pl~tted at
this time with final plat approval at the time they sell. He
related that they are proposing to build all of Dawkins Street at
this time, adding that the only other conditions requested is to
be able to bond for the street improvements so that in order to
move ahead and complete the final plat and be able to postpone
the sidewalk construction on the future lots until those were
platted or developed.
Commissioner Hardwick suggested as part of the consideration and
compromise that subdivision leave property for an aligned street
access.
Mr. Brown stated that he has shown to the extent that it was
dictated on the adjoining property, a 30-foot easement that would
allow for some kind of improvement to create a line drive entry,
adding that right now it is offset.
Commissioner Hardwick clarified that the developer could grant an
easement on the western side of the subdivision to accommodate a
future street, so that the City can work considerations with
adjacent landowners regarding a new curb cut. He pointed out
that the exiting curb cut does not line up with the stoplight and
is presently a horrendous situation.
7
000130
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
Mr. Brown stated that the option
preliminary plat, adding that there
extending the street to the north.
provide easement or right-of-way for
easement is shown on the
is no objection to possibly
He stated willingness to
street consideration.
In response to a question from Commissioner Hardwick, City
Engineer Whisker stated that factors regarding traffic
considerations for Dawkins Circle involve the property as a big
corner with a lot of pumps, and a McDonald's. He related that he
believes the development will generate a lot of traffic given
consideration for the amount of traffic produced by the other
store previously there. He related difficulty for traffic
pulling out onto Main and turning left.
In response to a que3tion poocd by Commiooioncr Corroum, Mr.
Brown related that the original loop designed street ran along
the north side of lot 1 to the west and then turned south before
coming to Municipal Drive. Pointing out that the original design
did not connect to Municipal Drive regarding the offset issue. He
stated that one of the main reasons the developer stepped away
from the loop street design was because of the size of the
proposed building for the combined McDonalds. He related that
w..i.Lll Lhe addition of a t·1cDonalds, the building lS estimated
approximately 6300 square feet plus the detached fuel canopy.
Discussion ensued regarding possible street alignment; Mr. Brown
stated that the key question would be how this happens on
neighboring property with an existing development. He stated
that they could build streets to City standards on their property
wherever approved, which is easy to do because it is totally in
their control but they cannot make the adjoining property owners
agree to reconfigure their property and incur that cost.
Further discussion ensued and Mr. Brown noted that while they
have to build a street anyway the current design would be
approximately 250 feet less.
City Engineer Whisker related that the adjacent property is the
Fuller Commercial Subdivision with a 30-foot easement. Mr. Brown
pointed out that four separate owners showed up on the ownership
search.
Chairman Brannen raised questions regarding the landscaping and
sidewalks in the plat presentation.
City Engineer Whisker related that sidewalks will be five-foot
and landscaping for lot lF was shown on the site plan earlier.
8
.
0001.31
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
Mr. Brown offered that they would present a landscape plan for
the permit request, assuring the Commission that there would be
landscaping considerations. He stated that Coulson Oil does a
good job at their sites, pointing out that this site will feature
a national franchise.
In response to comments from several Commissioners, City Engineer
Whisker related that the best scenario for street placement would
tie into the light. He explained that traffic moves best in
conjunction with signalization regarding a left hand turn. He
said that he would not recommend a non-aligning street situation,
saying that it is a hazard because cars do not make the proper
turning movements. Discussion ensued regarding traffic and
signalization of Municipal Drive. He concluded that the optimal
solution would be to have the street align with Municipal.
In response to a question posed by Commissioner Piggee, Mr. Brown
related that a loop street is not feasible because the
development proposed needs the full depth of the lot area. He
then related that locating the street where it lines up with
Municipal is an idea he believes his client would entertain if
the City could make it happen. He pointed out that __ it would
involve a substantially greater expense for Coulson, along with
improvements off their property. He stated that a reasonable
subdivision plan has been submitted and if the proposed street is
not in violation of the Master Street Plan there is no authority
from the Street Plan concept to require a through street. He
stated that it is simply dividing property and providing access.
He reiterated that they have taken a sincere look at a _number of
layouts, adding that he believes the Coulson family would be
receptive if they could envision a way the street could happen
smoothly without causing them to spend twice as much on access
improvements to service the additional lots for sale. He stated
that he realizes the Commissions concerns, but it is out of their
control to make it happen.
Commissioner Hardwick stated that he could appreciate Mr. Brown's
position, adding that the City encourages development and he
believes Coulson will do a good job. He then related that when
the first street layout was approved in 1997 the Commission
expressed many of the same concerns brought up tonight, he noted
the fact that the previous layout was going to access onto
Marshall eliminated many of the problems regarding left hand
turns. He pointed out that the Marshall Road access did not
place the entire traffic burden on West Main and that Coulson has
now elected to eliminate the possibility of a Marshall Road
access option by utilizing that space in the present proposal.
9
000132
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
Chairman Brannen stated that he does not see how the current
development proposal can work regarding the amount of traffic in
the proposed area, adding that just because it is legal does not
mean that it is necessarily the best thing to do.
In response to a question from Commissioner Corroum, Mr. Brown
related that all existing curb cuts especially on Main Street are
going to be closed. He pointed out that there would be
continuous curbing other than the entries that are shown on the
site plan. He related that the curb cuts on Marshall would have
to be repaired and closed so that the proposed drive aprons are
the only place where there is a break in the curb.
In response to comments, City Engineer Whisker related that the
authority to change the light oyotcmo is strictly with the City
because it is not located on a State highway and that the costs
is approximately 10 to 20 thousand to change that area.
Discussion ensued regarding consideration for the Final Plat of
lot 1F as well as the Preliminary Plat of the entire subdivision.
City Attorney Bamburg clarified that the items could be separated
.L.L ueeHLed appropriate by-tf1e Cornrnission,
must be dealt with first.
It was noted that Preliminary plat approval would solidify the
development layout.
City Engineer Whisker stated that if the preliminary plat is
approved, that is where the road will going, that is where the
lot lines will be and where the utilities will be placed.
Commissioner Corroum asked if a motion to table the Final Plat
pending Preliminary Plat approval of the entire subdivision would
be proper.
City Attorney Bamburg pointed out that a motion to table can come
at any time, reminding the Commission that the Preliminary must
go before the Final.
Mr. Brown stated that it seemed to him that the design for lot 1F
is dependant upon the preliminary plat, pointing out that they
wanted not have to come back and replat if the other lots are
sold. He stated that they wanted to plat those individually as
opportunity occurred for sale or development.
10
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
000133
Commissioner Corroum moved, seconded by Commissioner Piggee to
deny the Preliminary Plat until egress issues are resolved
regarding access onto Main Street.
Commissioner Young noted that given the plat layout regarding
circulation onto Main, it does not seem that Dawkins Circle will
carry the traffic burden that Lot lF has.
Commissioner Hardwick agreed saying that Lot lF may carry more
traffic than the rest of the lots combined. He restated traffic
concerns resulting from the mis-aligned access.
Mr. Brown questioned who would make the decision on the
appropriate access and Chairman Brannen responded that access
would need to be worked out with the City Engineer.
Mr. Brown stated that if the Commission is leading to access on
the west property line, then at some point the City has to step
up and take action to help make that happen. He related that his
client would want to know how that can be made possible.
Commissioner Lester stated that he had similar thoughts regarding
help from the City, pointing out that the left hand turn from
Dawkins Circle is dangerous and someone could be killed. He
asked for advancement regarding necessary steps to avoid
development of a traffic hazard.
Chairman Brannen stated that if the Preliminary Plat is denied;
it cannot come before the Planning Commission for qne-year.
Commissioner Lester moved, seconded by Commissioner Corroum to
table the item until a solution regarding traffic concerns are
addressed. MOTION CARRIED.
Mr. Brown related that he had reviewed development procedure with
City Engineer Whisker and his understanding was that with a site
plan the City Engineer could issue a permit when they submitted
the design drawing. He ·related that his clients want to move
forward with building, questioning the delay regarding
subdivision approval, adding that he does not have a site plan
for the Commission except the one previously offered to the Board
of Adjustment. He asked if it is possible to have consideration
for building permits regarding lot lF contingent on the
understanding that there may be a different configuration on the
street. He related that last minute changes are going to present
a constraint on their ability to complete building in the summer
and get the fuel man system back on line.
11
000134
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11, 2001
7:00 P.M. -8:29 P.M.
Commissioner Hardwick questioned the possibility of a one-lot
subdivision and City Engineer Whisker pointed out that lot lF
includes Dawkins Circle.
City Attorney Bamburg stated that his understanding is the
approval of a metes and bounds building permit for what has been
identified on the preliminary plat as lot lF.
Mr. Brown agreed, saying that he does not have a plan to submit
but did submit a site plan to the Board of Adjustment.
Discussion ensued regarding site plan submittal to the Board of
Adjustment prior to the Preliminary Plat approval by the Planning
Commission.
Alderman Elliott clarified, saying that lot lF is less than five
acres making it unavailable for a metes and bounds building
permit. He stated that the Commission would have to address the
entire property regarding a one-lot subdivision, adding that he
believes a street would have to be tied into lot one.
Discussion ensued regarding the best step to proceed with a
building permit request for lot lF.
Chairman Brannen asked if a Preliminary Plat reflecting providing
access across and adjacent to the light should be submitted.
Commissioner Hardwick stated that his suggestion was to work out
something where it would line up with Municipal Drive or go back
to the original approved sketch plat where the subdivision had
access both to Marshall and Main Streets.
City Engineer Whisker related that the entire area is over five
acres, approximately 7. 5 before being platted so it would be
metes and bounds acceptable.
In response to a question posed by City Attorney Bamburg, Mr.
Brown stated that they are requesting to develop 2.4 acres of the
property.
City Engineer Whisker stated that they would be requesting a
building permit in the 7. 5 acres which can be approved by the
Planning Commission assuming that Mr. Brown continue to work
toward the preliminary plat for the entire subdivision.
General consensus of the Planning Commission was to continue
discussion regarding platting and street placement.
12
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 11' 2001
7:00 P.M. -8:29 P.M.
000135
Mr. Brown clarified his understanding is that the developer can
submit design plans for a site specific area to be approved by
the City Engineer for a building permit and in the interim try to
work out a street alignment that would be suitable. He
acknowledged the dedication and street construction is all that
is affecting the subdivision, not the site.
City Engineer Whisker related that the motion should state a
building permit for the Lot lF area on a metes and bounds
contingent upon his approval of the site plan and the developer
working in conjunction with him regarding street access.
Discussion ensued regarding a later submittal for a preliminary
plat, Mr. Brown stated that the issue needs to be resolved and
they will seek approval for it.
City Engineer Whisker stated that with a metes and bounds
building permit they can develop the property without returning
with a preliminary plat.
It was the consensus to approve a metes and bounds permit but
have the petitioner return with a preliminary plat : regarding
street location.
City Attorney Bamburg asked that the record officially reflect
that the petitioner is specifically requesting a metes and bounds
building permit approved for what is identified as Lot lF minus
the area designated as Dawkins Circle. Mr. Brown concurred.
Commissioner Hardwick moved, seconded by Commissioner Piggee to
grant a metes and bounds building permit on the 7.5 acres with
development to be limited to the area termed lot lF, less Dawkins
Circle and subject to the approval of the City Engineer. MOTION
CARRIED.
b. SKETCH PLAT 900 Madden Road
Previously addressed under the building permit considerations.
ADJOURNMENT:
Chairman Brannen without objection adjourned the meeting at
approximately 8:29p.m.
Secretary
13
0 00136·
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING{S):
7:00p.m.
5. BUILDING PERMIT{S):
6. REQUEST TO APPROVE
7. GENERAL:
ADJOURNMENT
a.
AGENDA
7:00P.M.
JULY 9, 2001
Regular Planning Commission
Meeting June 11, 2001
SITE PLAN: 900 Madden Road
Petitioner: Brad Medlock
Represented by: Mike Clayton Engineering
nDr:l 111.~111.1/\DV Dl 1\T. I n.L..L..IIVIII'III"" '-I I L..'"' I •
Dawkins Commercial Subdivision
Petitioner: Coulson Oil
Represented by Development Consultants, Inc.
b. FINAL PLAT: Lot 1 F & 2F
Dawkins Commercial Subdivision.
Petitioner: Coulson Oil
Represented by Development Consultants, Inc.
c. PRELIMINARY PLAT:
900 Madden Road
Petitioner: Brad Medlock
Represented by: Mike Clayton Engineering
d. PRELIMINARY PLAT:
Oak Ridge Ranch Subdivision
Petitioner: Jerry Smith
Represented by Bond Engineering
OPENING REMARKS:
000137·
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 9, 2001
7:00 P.M. -7:34 P.M.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested roll
call.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, Mark
Perry, and John Hardwick answered ROLL CALL. Chairman Brannen also
answered ROLL CALL. PRESENT Six (6), ABSENT (0) .
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, Mr. Robert Brown of Colson Oil, Reporter Rick Kron, interested
citizens, and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Perry moved, seconded by Commissioner Lester that the
minutes of the 11 June 2001 Regular Planning Commission meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARING(S):
BUILDING PERMIT(S): a. SITE PLAN 900 Madden Road
DEVIATION IN AGENDA:
REQUEST TO APPROVE PLAT: a. REVISED PRELIMINARY PLAT DAWKINS
COMMERCIAL SUBDIVISION
Mr. Robert Brown from Development Consultants recalled a lengthy
discussion regarding street location from the previous meeting,
explaining that since that time, Jim Wright, Mike Coulson and himself
met with City Engineer Whisker and Mayor Swaim to discuss the
possibility of what help the City could provide relocating the street.
He stated that the understanding from that meeting is that the City
will encumber costs associated with traffic signal reconstruction,
relocation and will obtain additional easement along the -western
boundary from the adjoining owners to extend the existing easement.
He pointed out that the existing easement does not go as far north as
it needs to, adding that it is his understanding that the proposed
street will be placed on the Master Street Plan for a future
connection to another dead end street (Hines Drive) further to the
north. He stated that Coulson Oil has agreed to construct the extra
footage and relocated the subdivision street. He stated that the
preliminary and final plat have been revised to reflect those changes.
He stated that the final plat of Lot lF is now Lots lF and 2F because
of the right-of-way break up. He stated that they are still
requesting to defer sidewalk construction until the lot is developed.
City Engineer Whisker mentioned that sidewalks regarding a connection
to Main Street at Municipal Drive would be worked out with the
developer.
Commissioner Lester moved, seconded by
approve the Preliminary Plat of Dawkins
submitted. MOTION CARRIED.
1
Commissioner Hardwick to
Commercial Subdivision as
I 00 :B
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 9, 2001
7:00 P.M. -7:34 P.M.
b. FINAL PLAT Lot lF and 2F DAWKINS COMMERCIAL SUBDIVISION
Mr. Robert Brown related that the Final Plat is a two-lot plat of the
preliminary plat. He stated that the Final Plat sets forth all
rights-of-way required for public streets regarding the property for
present and future phases. He noted that easements are dedicated for
the relocation of lines routinely considered on a Final Plat.
City Engineer Whisker stated that the Final Plat is slightly revised,
adding that the developer is willing to bond for utilities, and
roadway. He stated that Dawkins Circle would be renamed to Dawkins
Court because of suffix requirements for street names as per the
Jacksonville Municipal Code.
Mr. Brown stated that the utilities are in place and the developer is
willing to bond for the road improvements.
City Engineer Whisker stated that he would need to review the plans
for the street and the utility adjustments.
Commissioner Hardwick moved, seconded by Commissioner Perry to approve
the Final Plat Lots lF and 2F of the Dawkins Commercial Subdivision
subject to the plans being approved by the City Engineer for the
street improvements and utility relocations. MOTION CARRIED.
RESUME AGENDA:
BUILDING PERMIT(S): a. SITE PLAN 900 Madden Road
Mike Clayton of Clayton Engineering, representing Brad Medlock, stated
that the site plan has been revised from the a six-lot rough sketch
plat to a two-lot plat as indicated in preference by the Planning
Commission at the previous meeting. He stated that he felt the
preliminary plat and site plan have been developed to address concerns
expressed by the Commission.
In response to a question from Commissioner Lester, Mr. Clayton
related that the emergency access gate would be locked and a key
provided to the Fire Marshall for emergency situations .
Discussion followed regarding emergency vehicle access, Mr.
clarified that the parking lot should adequately serve
vehicles and emergency vehicles could use the gate.
Clayton
smaller
City Engineer Whisker stated that the intention of the gate is to
prevent cut-through traffic to T.P. White Drive.
In response to
Whisker related
only support a
indicated that
playground.
a question from Commissioner Dollar, City Engineer
that zoning of the area adjacent to Madden Road could
single-family residence, adding that the developer
he would like to use the frontage property for a
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 9, 2001
7:00 P.M. -7:34 P.M.
0001~9
In response to questions regarding tree and fence requirements, City
Engineer Whisker stated that the plan provides for a 6-foot privacy
fence and that the developer had previously indicated that he would
plant one tree every fifteen-feet for screening.
In response to a question from Commissioner Hardwick, City Engineer
Whisker stated that an existing ditch on the property has been dug out
since the ice storm, adding that it does need additional cleaning. He
then stated that there should not be a problem regarding flooding
given the consideration for a swell. He pointed out that the water
runs across the property into the wooded area behind the property and
does not go to Madden Road.
Mr. Clayton answered that the swells would be concrete and then
questioned spacing of Bradford Pear Trees. He explained that given
mature trees, typically 20-25 to 30 feet seems appropriate.
Commissioner Hardwick pointed out that Mr. Medlock had originally
stated that he planned for 15-foot tree spacing.
Mr. Clayton acknowledged the original estimate, asking for some
flexibility in order to achieve appropriate spacing and create a
screen. He returned to concerns regarding drainage, saying that the
cross drains will be concrete swells or ditches that are wide and
shallow. He stated that the pipe would be an arch pipe equivalent to a
24" pipe, pointing out that the dimension may only be 1 7" high but
will be 28" wide.
Commissioner Young pointed out that Bradford Pear trees are green and
full in the spring and summer months , aski ng the Commission to
consider year round screening provided by Cedar or evergreen type
trees as a development stipulation.
City Engineer Whisker recalled from the meeti ng with Metroplan that
stipulations had to be s tated on the front-end of the conditional use
as opposed to when the site plan is presented.
Chairman Brannen stated that he felt development stipulations could be
addressed until the site plan is approved.
Commissioner Hardwick stated that year round evergreen screening is a
good point, but personally felt he would rather have Bradford Pear
trees as opposed to pine trees that are messy and break easily in ice
storms. He then .pointed out tha t Cedar trees grow very slowly. He
asked Commissioner Young as an architect, what he felt would be a good
distance between the trees.
Commissioner Young related that 20-feet is probably best for deciduous
trees given that the canopy can extend as far as 15 to 20-feet in
diameter.
3
0001.40
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 9, 2001
7:00 P.M. -7:34 P.M.
Commissioner Young moved, seconded by Commissioner Hardwick to approve
the site plan as presented with Bradford pears trees every 20-foot on
center for screening. MOTION CARRIED.
c. PRELIMINARY PLAT 900 MADDEN ROAD
City Engineer Whisker noted that the plat has been revised as
requested from the six-lot concept to a two-lot subdivision.
Commissioner Lester moved, seconded by Commissioner Hardwick to
approve the ~:an as presented. MOTION CARRIED .
. I' ll i\('10 '-1 I 1-ole
d. PRELIMINARY PLAT OAK RIDGE RANCH SUBDIVISION
Mr. Paul Payne of Bond Engineering presented the item of business .
City Engineer Whisker reviewed basic changes to the preliminary plat,
pointing out that a propo~e~ culdesac on the northeast corner has been
changed to a stubbed street, so that an ex isting street for the
property owner to the north can be developed through. He pointed out
a 25-foot centerline easement regarding the rear of lots to the north
for the extension of Pridmore instead of turning north. He stated
that the change helped drainage work a little better, adding that he
believes an extra lot was derived from that change. He related that
an open end subdivision as opposed to being closed is generally a
better idea. He reminded the Commission in approving the preliminary
plat to r emember the earlier stipulation that t he subdivision be
brought into t h e City pr ior to Final Plat approval. He addressed
sidewalks, sayi ng that they wi l l be l ocated t hrough Oak Ridge Road and
around to Cypress Court at the north end. He then stated that any
connections made to Madden Road would have to carry sidewalk
requirements.
Commissioner Hardwick pointed out that in previous discussion the
developer did not have to meet City requirements regarding curb and
gutter for the portion of property between the subdivision and Maddox
Road.
City Engineer Whisker concurred that to be his understanding.
Mr. Payne related that the developer is in the process of hopefully
acquiring one of the lots between the subdivision and Maddox Road,
adding that if Mr. Smith is successful it is his intention to put in
curb and gutter and develop that lot as well.
Commissioner Hardwick moved, seconded by Commissioner Young to approve
the Preliminary Plat of Oak Ridge Ranch Subdivision with the
understanding that sidewalks will be placed on Oak Ridge Road and on
the north end being Cyprus Court under the stipulation that the
property be annexed into the City of Jacksonville before Final Plat
approval. MOTION CARRIED.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 9, 2001
7:00 P.M. -7:34 P.M.
000_1,.41
City Engineer Whisker related that through efforts from the City
Attorney, the petitions are ready for annexation. He explained that
the next step is to host another public hearing and offer those
residents the opportunity to join the City of Jacksonville. He said
that the meeting would be at 6:00p.m., August 13, 2001.
He then pointed out that by law if 51% of the residents and 51% of the
land involved agrees to the annexation, then it could take place
without an election. He related that involvement has been encouraged
regarding both areas of annexation.
City Engineer Whisker then credited Metroplan regarding new zoning
maps provided and stated that new street maps will be forthcoming
after a review of the Master Street Plan and proposed changes through
Council process.
ADJOURNMENT:
Chairman Brannen without objection adjourned the meeting at
approximately 7:34 p.m.
Secretary
5
0001.4;!
JACKSONVILLE PLANNING COMMISSION
AGENDA
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
7:00P.M.
AUGUST 13, 2001
Regular Planning Commission
Meeting July 9, 2001
4. PUBLIC HEARING(S):
7:00p.m.
a. REZONING: 1015 Ray Road
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S):
7. GENERAL:
ADJOURNMENT
From C-2 to C-3 Auto Detail Shop
Petitioner: Mount Pisgah Baptist Church
b. REZONiNG: ·1 09 Dennis Lane
From R-1 to C-2 Electronic Service Repair
Petitioner: Dennis Callahan
r
\ OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 13, 2001
7:00 P.M. -7:19 P.M.
000143
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested roll
call.
ROLL CALL: Commissioners: Susan Dollar, Bobby Lester, Glen Keaton, and
John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL
CALL. PRESENT five (5), ABSENT (3).
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, Mr. Robert Brown of Colson Oil, Reporter Rick Kron, interested
citizens, and petitioners.
APPROVAL AND /OR CORRECTION OF MINUTES:
Commissioner Lester moved, seconded by Commissioner Keaton that the
minutes of the 9 July 2001 Regular Planning Commission meeting be
APPROVED, amending the roll call count. MOTION CARRIED.
PUBLIC HEARING(S): a. REZONING 1015 Ray Road from C-2 to C-3
Chairman Brannen opened the public hearing at approximately 7:02p.m.
Mr. Green representative for Mount Pisgah Baptist Church of 1015 Ray
Road related the request to rezone from C-2 to C-3 the building
adjacent to the church. He explained that the church is planning to
expand its facility by constructing a sanctuary that would annex onto
the existing sanctuary. He related that currently the building is not
being used and the church would like to allow the use of the building
to be used as an Auto Detail Shop.
Chairman Brannen closed the public hearing at approximately 7:04 pm.
Commissioner Hardwick explained that a conditional use would be more
appropriate regarding the request because of future consideration
regarding use of the property.
City Clerk Susan Davitt stated that the request was advertised as a
rezoning or conditional use.
Discussion ensued and it was noted that the proposed use of an Auto
Detail Shop would fit the requirements of a C-2 conditional use.
In response to a question posed by Commissioner Hardwick, Mr. Green
related that it is hoped the building would be ready in approximately
two-years.
Commissioner Hardwick moved, seconded by Commissioner Lester to grant
Mount Pisgah Baptist Church a conditional use of a Auto Detail Shop in
the C-2 zoned property located at 1015 Ray Road for a period not to
exceed three-years. MOTION CARRIED.
1
00014£\
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 13, 2001
7:00 P.M. -7:19 P.M.
b. REZONING 109 Dennis Lane from R-1 to C-2
Chairman Brannen opened the public hearing at approximately 7:08 p.m.
Mr. Dennis Callahan related that he is the owner of CPR Electronic
Services.
With no one to speak in opposition, Chairman Brannen closed the public
hearing at approximately 7:09p.m.
Discussion ensued and it was noted that the property is the first
house on the left following a vacant lot adjacent to Hwy 161.
Mr. Callahan noted that the only property located closer to the
Highway is a house located across the street, which is condemned. He
then answered that he would like to relocate his repair shop ±rom
North Little Rock and establish permanent change of business address
to 109 Dennis Lane for the purpose of remaining competitive in his
field. He explained that the rent for the current North Little Rock
business address is considerably higher, adding that it is not a
desirable location.
In response to a question from Commissioner Dollar,
related that the hours of operEl_tion would bE> 8 ~ 30 a , ]Tl,
Monday thru Friday.
Mr. Callahan
tn n:OO p.m.
He then explained that he picks up most of the work to be completed in
the shop pointing out that the business would not generate a lot of
traffic to the business address. He estimated three walk-in customers
per day.
Discussion ensued as to the location of the
regard to the condemned house and the highway.
that the lot is 75' wide.
proposed business in
Mr. Callahan stated
Discussion ensued regarding the business classification regarding the
zoning and City Engineer Whisker related that it would require a C-2
zoning or a conditional use in a C-1 zoning.
It was the general consensus of the Planning Commission to ask the
petitioner to request a conditional use under a C-1 rezoning.
Mr. Callahan explained time requirements for advertising the new
business address in the yellow pages of the telephone book.
Discussion ensued and it was pointed out that if there were no
opposition to the C-2 rezoning request, then a conditional use of C-1
would probably receive no opposition as well.
2
000145
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 13, 2001
7:00 P.M. -7:19 P.M.
Commissioner Hardwick moved, seconded by Commissioner Dollar to table
the rezoning request offering the petitioner an opportunity to
additionally request a conditional use under C-1 zoning. MOTION
CARRIED.
ANNEXATION UPDATED:
City Engineer Whisker related that he has received four out of five
signatures for the petition to annex.
BUILDING PERMIT(S):
REQUEST TO APPROVE PLAT:
BUILDING PERMIT(S):
ADJOURNMENT:
Chairman Brannen without
approximately 7:19p.m.
Respectfully,
Susan 1. Davitt
Planning Commission Secretary
objection adjourned the meeting at
3
JACKSONVILLE PLANNING COMMISSION
AGENDA
7:00P.M.
SEPTEMBER 1 0, 2001
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S): a.
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S): a.
Regular Planning Commission
Meeting August 13, 2001
CONDITIONAL USE: 109 Dennis Lane
Electronic Service Repair
Petitioner: Dennis Callahan
(presented at August meeting)
PRELIMINARY PLAT:
Deer Creek Subdivision Phase II
Petitioner: Kiehi-Holiday Properties, Inc.
Represented by James L. Butler
PAGE
1-3
(plat and Bill of Assurance in packet) 4
7. GENERAL:
ADJOURNMENT
b. PRELIMINARY PLAT:
Charlie Box Subdivision
Petitioner: Charlie Box
Represented by Bond Engineering
(plat included in packet)
Request from First Electric
for Annexation
(survey included in packet)
5-6
I
I
0001.47
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 10, 2001
7:35 P.M. -8:30 P.M.
OPENING REMARKS:
Vice Chairman Perry opened the meeting at approximately 7:25 p.m. expressing
appreciation for those in attendance and requested roll call.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, and Glen
Keaton answered ROLL CALL. Vice Chairman Perry also answered ROLL CALL.
PRESENT five (5) including Vice Chair, ABSENT (3). It was noted that newly
appointed Commissioner Green has not yet been sworn in.
Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond,
members of the press, interested citizens, and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Lester moved, seconded by Commissioner Keaton that the minutes of
the 13 August 2001 Regular Planning Commission meeting be APPROVED. MOTION
CARRIED.
PUBLIC HEARING(S ): a. CONDITIONAL USE of C-2 in C-1 zone for 109 Dennis Lane
Vice Chairman Perry opened the public hearing at approximately 7:38p.m.
Mr. Dennis Callahan related that he had requested the rezoning of 109 Dennis
Lane to enable him to move his business (CPR Electronics) to the City of
Jacksonville. He stated that he will pick up equipment for repair, so moving
the operation will not affect his customer base.
With no one to speak in opposition, Vice Chairman Perry closed the public
hearing at approximately 7:39p.m.
Commissioner Lester moved, seconded by Commissioner Dollar to approve the
conditional use for CPR Electronics at 109 Dennis Lane property zoned C-1.
MOTION CARRIED.
BUILDING PERMIT(S):
REQUEST TO APPROVE PLAT (S) : a. PRELIMINARY PLAT
Item representative Mr. Butler related that the
County, but is under the planning jurisdiction
He stated that Phase I was completed in 1994,
ready for construction.
Deer Creek Subdivision PH II
subdivision is located in the
of the City of Jacksonville.
adding that Phase II is now
In response to a question posed by Commissioner Dollar, Mr. Butler related
that sidewalks have not been incorporated into the plans.
Commissioner Dollar related that the Jacksonville Municipal Code requires
four-foot sidewalks on at least one side of local streets.
Mr. Butler stated that in recalling approval of Phase I, sidewalks were not a
requirement in the County.
Mr. Tommy Bond responded to a question from Mr. Butler, saying that he
believed the sidewalks ordinance was approved in 2000.
Mr. Butler stated that since there was no previous requirement for sidewalks
he was unaware that Jacksonville had a sidewalk ordinance requirement and did
not know if it applied to property outside the City, but still within the
Planning Jurisdiction. He went on to say that if sidewalks are a requirement,
he felt that the developer would ask for a waiver from sidewalks at this time.
1
0001.48
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 10, 2001
7:35 P.M. -8:30 P.M.
Commissioner Dollar questioned the basis for a request of waiver.
Mr. Butler related that there are no sidewalks in the Green Valley
Subdivision, adding that Phase II is a continuation of that subdivision
originally started in late 70's early 80's. He stated that if sidewalks are
required there would only be 20-30 homes affected. He related that the
topography and grade would not encourage pedestrian travel because of the
steep hill.
Commissioner Dollar related that the area
extended street there could be pedestrian
hardship that might exist.
is pretty
traffic.
and
She
feels with
questioned
the
any
Mr. Butler stated that there is no hardship involved, but added that the rest
of the subdivision extending to Jacksonville Caddo Road does not have
sidewalks. He went on to say that he could not envision anyone walking
sidewalks except for those living at the top of the hill.
Commissioner Dollar moved, seconded by Commissioner Young to approve the
Preliminary Plat of Deer Creek Subdivision contingent upon compliance to the
Master Sidewalk Ordinance requiring a four-foot sidewalk on at least one side
of the subdivision streets.
City Engineer Whisker noted a 20' building line setback on the north ridge,
adding that typically the City requires a 35' setback while the County has a
25' minimum. He further mentioned the need for sewer and water approval. He
asked that the County minimum be observed.
Commissioner Dollar moved, seconded by Commissioner Young to amend the motion
to include a 25' setback for homes on the north ridge. MOTION CARRIED.
b. PRELIMINARY PLAT Charlie Box Subdivision
Representative Bond Engineering, Mr. Tommy Bond addressed the Commission
saying that the subdivision was started 8 or 9 months ago, adding that Pulaski
County found the development and notified City Engineer Whisker. He stated
that it is within 1000' of the Planning Jurisdiction of the City of
Jacksonville. He related that the developer stated he was unaware he was
suppose to send his plans through the Jacksonville Planning Commission. He
pointed out that the subdivision consists of six houses, adding that two homes
are occupied and two more are almost complete. He said that the County was is
unhappy with the development and since it is within Jacksonville's Planning
Jurisdiction the developer is requesting someway to bring the subdivision into
some kind of compliance. He stated that the subdivision is set up to provide
a private road, adding that there is only room for a 30' road right-of-way.
He went on to say that it is theoretically possible to get another 5' on each
side to end up with 40', but that will reduce the setbacks to 25' for the
houses. He stated that the subdivision would require several waivers. He
asked if there was someway to bring the subdivision into compliance short of
tearing the houses down.
Mr. Bond then explained that he became involved approximately three-weeks ago
after the County spoke to the developer requiring him to go before the
Jacksonville Planning Commission. He went on to say that even after the
Jacksonville Planning Commission passes off on the subdivision it will still
have to go back before the County for their approval if it violates any of
their road rights-of-way or street requirements.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 10, 2001
7:35 P.M. -8:30 P.M.
0001.49
Mr. Bond related that the only sidewalk r e quirement would be on Maddox Road,
since it is a culdesac with less than 20 lots for Coty Drive. He then related
that secondly t here is t he r equired 50' minimum right-of-way; pointing out
that if the Planning Commiss ion requires the minimum t he r e i s n o l onger e ven a
25' setback from the right -of-way. He stated that it would be reduce d to
probably 15' set back for the house s. Thirdly regarding curb a nd gut ter, the
developer is proposi ng a 20' concrete street with 4' grave l shoulders , which
the Count y in t hes e s ame a r e a s i s a c c e p ting a 20' aspha lt str e e t with a 4'
gravel shoulder. He stated however the developer is proposing a 20' concrete
street. He t hen related t hat a culdesac would be a requi r eme nt r e garding
emergency and service vehic les. l-I e state d that t he deve loper s a ys t hat he
does not own the end proper ty, but Ci ty Engineer Whi s ker a nd Mr . Na ry wit h the
County have told Mr . Box that he has to have a culde sac tur n around f or f ire
and garbage trucks with a minimum 47.5' radius.
In response to a question from Vice Chairman Perry, Mr. Bond related that the
developer has sold tracts A and B, which front Maddox Road and has commitments
on the next two.
City Engineer Whisker stated that he believes the bottom two tracts are sold
as well.
Mr. Bond pointed out that Mr. Box related that the five-acre tract is sold to
his nephew.
Commissioner Lester questioned if the five-acre lot isn't where the culdesac
should be developed.
Mr. Bond stated that it is and that Mr. Box has been informed of that.
Discussion ensued regarding the presenting of a plat when the developer does
not still own all the property involved.
Mr. Bond pointed out that all owners would have to sign the plat.
In response to a question from City Attorney Bamburg, Mr. Bond related that
all of the property owners are listed on the plat, adding that whatever is
decided they would all have to sign the Preliminary and Final Plats. He
stated that in his opinion the Pre liminary plat is more of a negotiating point
for something that is workable before corning back with a fina l plat because
most of the subdivision is developed.
He then pointed out that the developer has built four individual service lines
down the street and the meters are on Maddox Road, there is no water line
running along the street.
In response to a comment from City Engineer Whisker, Mr. Bond clarified that
the two houses that face Maddox Road have meters on t h eir lots, but the other
four are on Maddox Road addi n g that there is no provision for the five-acre
lot.
In response to a question from Commissioner Young, Mr. Bond stated that the
service lines are in a 30' right-of-way planned by the developer.
Commissioner Lester questioned if there is a fire hydrant within range
regarding the Fire Department being able to fight a fire in the subdivision.
3
0001S0
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 10, 2001
7:35 P.M. -8:30 P.M.
Mr. Bond stated that he did not believe there was and City Engineer Whisker
noted that it would be North Pulaski Fire Department.
Mr. Bond stated that he had discussed building a line and placing a fire
hydrant, but the developer has stated that he has provided water to all of the
houses.
In response to a question posed by Commissioner Young, Mr. Bond stated that
the County wants S more feet of right-of-way regarding the houses built off
Maddox Road. He related that it is set up for a 60' right-of-way and the
County's street map shows it to be a 7 5' so they are going to want another
five-foot. He stat ed that he did not believe that the County is going to give
on that point, adding that if the developer does that there is still room for
a 35' setback off Maddox because one of the houses sits back 45' and the other
is a 55' setback. He stated that setbacks only become a problem regarding the
right-of-way on Coty Drive.
In respon::>e Lu d question posed by Commi3oioncr Young, Mr. Bond stated that
the houses on Coty Drive are within a 35' setback if the right-of-way is held
to 30' and has a 5' easement or have 40' for road and utilities. He stated
that the developer could comply with the 25' building line for the houses that
are there.
In response to a question posed by Chairman Perry, Mr. Bond related that lots
C & D have completed houses and lots E & F are under construction by the
developer Mr. Box.
Mr. Bond stated that City Engineer Whisker has requested that the developer
provide easements for storm water 20' for lots lot F through Tract 1, for Coty
Drive to conform to your street naming .criteria it should be Court and not
Drive, dedicate an additional 5' right-of-way on ~addox t o comply with the
County road plan . He stated that Mr . Whisker concrete for the street to be
3500 psi not 3000 psi, and mAnti nnRrl that it should be 27 ' back to back of
curb, a bill of assurance, which I have here and a Health Department letter.
He then related that the Health Department have percolation test that were
approved but they are not happy because it was handled as individual lots as
opposed to a subdivision . He stated that the developer will have got to go
back to the Health Department again. He went to say that the developer would
also need a water letter, adding that he felt a valid point was made regarding
a fire hydrant and the water line.
City Ehgineer Whisker stated that the list of improvements were what is
required by Code, adding that obviously the developer will not be able to meet
all of the requirements. He st.;J.ted that he cannot meet the 50' minimum right-
of-way. He related that Pulaski County Planning most of their minimums are
the same.
Commissioner Young recommended starting with items that affect health, safety
and welfare and then back into the lesser items.
City Engineer Whisker stated that the wat er line and fire hydrant are very
important because h~ does not even have water to the back t ract 1 currently.
He then stated that a 20 ' is the minimum and the developer did offer to build
a 20' road with 4' shoulders. He noted that the plan shows a turn around at
the base of the hill, which would be a minimum requirement by the Fire
Department.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 10, 2001
7:35 P.M. -8:30 P.M.
OC01.5 1.
Discussion ensued and it was noted that the Fire Marshall has requested the
fire hydrant be placed at the entrance to the subdivision so that fire truck
can hook on and drive it to the fire with the hose already hooked up.
City Engineer Whisker stated that he did not believe the County would relent
on the right-of-way for Maddox Road. He explained that the County has a
master street plan for their rights-of-way on existing streets, pointing out
that Maddox Road is showing is an extra 5 feet. He went on to say that he did
not feel the 20' easement would be a problem for the storm water, adding that
the biggest questions is on the road. He pointed out the sidewalk requirement
on Maddox Road noting that it would only span the two houses at the top of the
hill, but adding that if and when Jacksonville annexes Maddox Road will
sidewalks need to be constructed. He stated that the other question would be
the size of the street, does the Commission want to allow 20' street with 4'
gavel shoulders, or require the 27' at curb back to curb on Coty Court.
In response to a question posed by Commissioner Young, City Engineer Whisker
stated that with a 27' back-to-back curb it would only leave 7.5' behind the
curb to lay any utility lines. He then answered that there is the water line
and sewer would have to be worked along with the electric.
Discussion e nsue d and it was noted that the houses are all-electric regarding
the need for gas lines.
City Engineer Whisker pointed out that the usual utilities to be located in an
easement are electric, gas, water, sewer, cable, phone, storm drain.
It was then noted that the houses are on septic tanks.
City Engineer Whisker stated that the Health Department is-unhappy with that.
Mr. Bond related that the Health Department wanted to see the plan, and that
the developer has done everything properly its just that the Health Department
is unhappy they perked the lots individually as opposed to the entire
subdivision.
Commissioner Dollar stated that it sounds like the 7.5' easement would not be
adequate.
City Engineer Whisker stated that 7.5' is not a lot of room to work in, adding
that he did not feel it would be a problem for such a small culdesac with six
houses and a tract behind it to have a smaller size road.
Commissioner Dollar concurred.
In response to a question posed by Commissioner Keaton, City Engineer Whisker
stated that there is a larger road regarding a 25' access easement on the back
of the lots that leads between the subdivision to the east.
Mr. Bond explained that the property was part of 100 acres owned by Mr. Lamb
who had Bond Engineering divide the property into ten-acre tracts about 3
years ago. He went on say that the ten-acre tracts were sold and subsequently
some of those were divided. He stated that there is a sign adjacent to the
subdivision that offer tracts for sales .
City Engineer Whisker pointed out that they are selling less than five acres.
Mr. Bond stated that the County is being very aggressive trying to stop this.
5
0001.52
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 10, 2001
7:35 P.M. -8:30 P.M.
City Engineer Whisker stated that the County does not allow that and so they
have pointed them to the Jacksonville Planning Commission as the jurisdiction
authority. He stated that the felt the area major road would be behind the
subdivision more than the culdesac street. He added that the bill of
assurance would not allow fences on the access easement.
Discussion ensued regarding annexation of the area and the matter of the
houses being on septic tanks. It was noted that it would be 20-30 years
before sewer would reach that area. Conditions surrounding the development
were reviewed regarding the need for various waivers. It was noted that
issued regarding health and safety and issues for rights-of-way and easements
setbacks may affect aesthetics but would not affect the health and welfare.
Commissioner Lester moved, seconded by Commissioner Keaton to table the item
of business until the next regularly scheduled meeting adding that the Plat is
to include suggestion from City Engineer Whisker for optimal compliance with
the Municipal Code to include a fire hydrant to Fire Department code, and the
required sidewalk on Maddox Road with a 40' right-of-way street. MOTION
CARRIED.
Discussion ensued regarding the upcoming County Planning meeting and efforts
to work a solution for the subdivision.
It was noted to be the general consensus of the Planning Commission for City
Engineer Whisker to forward a letter to Mr. Box requesting that he cease
construction until issue are resolved.
GENERAL: Annexation request from First Electric
Mr. Randy Jones of First Electric presented an early concept plan regarding
construction to being in the spring for a new cooperate and district office in
the location north of Murrell Taylor Elementary School off Loop Road. He
stated that they are requesting annexation and the correct zoning for their
plans. He related that the building would be approximately .'10, 000 .9CJlli'lrf~ feet
on 42 acres, requesting a C-4 zoning.
It was noted that the property is contiguous to Loop Road.
Commissioner Lester suggested and
suggestion that the Murrell Taylor
effort.
the Planning Commission supported the
School be considered in the annexation
Mr. Jones offered the assistance of First Electric in that effort.
noted that the proposed construction would face Loop Road.
It was
Commissioner Keaton moved, seconded by Commissioner Young to recommend to the
City Council acceptance of petition regarding the voluntary annexation of 42
acres adjacent to Loop Road for First Electric and that First Electric ask the
adjacent property of Pulaski County Special School District to join in the
annexation process. MOTION CARRIED.
Alderman Stroud addressed the Commission regarding the recent clean-up efforts
in Jacksonville, pointing out that since the ice storm there have been a lot
of small carports being constructed all over town. He stated that it could be
argued that they are already in violation of City ordinance, but added that
the different entities should be on the same page. He related that the Mayor
is working on a seminar for the City Council, the Planning Commission and
Department Heads to discussed some of the issues. He stated that the metal
6
r
I
i
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 10, 2001
7:35 P.M. -8:30 P.M.
. 000153
carports do not look good and that there are several people in town selling
them. He expressed further concerns for the aesthetics associated with metal
carports and the increasing number being erected.
Alderman Stroud then asked the Planning Commission to review this issue and
provide input. He related the desire for the City of Jacksonville to look
good and be progressive allowing citizens to come to Jacksonville and enjoy a
high quality of life. He stated that the better houses built, the better the
tax structure is, which provides more pay for our Fireman and City Police.
He related that he would like to include input from Code Enforcement.
Vice Chairman Perry recommended that the item be include on the following
agenda for input from all interested parties.
ADJOURNMENT:
Vice Chairman Perry without objection adjourned the meeting at approximately
8:30 p.m.
7
ooo1.S4
JACKSONVILLE PLANNING COMMISSION
AGENDA
7:00P.M.
OCTOBER 8, 2001
1. OPENING REMARKS: PAGE
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES: Regular Planning Commission
Meeting September 10, 2001 1-7
4. PUBLIC HEARING(S): a. CONDITIONAL USE: 200,204,208
Municipal Drive of C-3 in M-2 zone
Petitioner: Mr. Odes Goodsell 8-9
b. REZONING: Liberty Subdivision
a portion of from R-1 to R-3
Pet:: Ronnie Shrader & Mike Berg
Represented by Bond Engineering 10-12
5. BUILDING PERMIT(S):
6. REQUEST TO APPROVE
PLAT(S): a. FINAL PLAT: 109 Dennis Lane
Pet: Dennis and Linda Callahan 13-14
b. Charlie Box Subdivision
Petitioner: Charlie Box
Represented by Bond Engineering 15-17
7. GENERAL: Discussion regarding Carport Codes
ADJOURNMENT
l
OPENING REMARKS :
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 8, 2001
7:00 P.M. -7:58 P.M.
000155
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested roll
call.
ROLL CALL: Commissioners: Chad Young, Bobby Lester, Lester Piggee,
Tammy Green, Mark Perry, and John Hardwick answered ROLL CALL.
Chairman Brannen also answered ROLL CALL. PRESENT seven (7) , ABSENT
(2) .
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, members of the press, interested citizens, and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Lester moved, seconded by Commissioner Piggee that the
minutes of the 10 September 2001 Regular Planning Commission meeting
be APPROVED. MOTION CARRIED.
PUBLIC HEARING(S): a. CONDITIONAL USE of C-3 in an M-1 zone for 200,
204, 208, Municipal Drive
Chairman Brannen opened the public hearing at approximately 7:05 p.m.
Mr. Otis Goodsell related that the request is to accommodate the
operation of a retail sales business.
In response to a question posed by Commissioner Piggee, Mr. Goodsell
related that the property is located on Municipal Drive where Hogan
Hardwood was previously located. He stated that he has operated a
retail business for 35 to 40 years in that area.
With no one to speak in opposition, Chairman Brannen closed the public
hearing at approximately 7:10 p.m.
City Engineer Whisker stated that Mr. Goodsell desires to establish a
retail business in the proposed area, which can be addressed through a
conditional use.
Commissioner Hardwick raised questions regarding the need to change
the land use map.
City Engineer Whisker related that the property is located south of
the property that was recently rezoned to C-2, adding that because of
the location he feels that C-2 would be the best use of the property.
Commissioner Hardwick moved, seconded by Commissioner Lester to
approve the Conditional Use of C-2 for 200, 204, and 208 Municipal
Drive and recommend to the City Council that the land use maps be
corrected regarding the area. MOTION CARRIED.
b. REZONING a portion of Liberty Subdivision from R-1 to R-3.
Chairman Brannen opened the public hearing at approximately 7:12 p.m.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 8, 2001
7:00 P.M. -7:58 P.M.
Mr. Mike Berg stated the objective is to correct old zoning,
explaining that the adjacent piece of property is zoned R-3 and a
piece in the middle is zoned R-1 with another piece to the north that
is R-3. He stated the desire to make the area contiguous to the R-3
zoning. He pointed out that the street of Nathan Hale could enter
into the property and then connect to a new street.
Mr. Bond offered that in the 70's before Mr. Shrader acquired the
property it was inadvertently split in the middle regarding the
zoning. He stated that apparently the Planning Commission granted a
waiver for R-1 when the subdivision was developed and that the lower
portion of the area property is R-1. He then pointed out that the
zoning lines do not match any of the property lines.
Discussion ensued and it was surmised that perhaps the zoning
designation was a mistake made in the 70's and City Engineer Whisker
stated that much of the zoning was established by tracts beginning
with a study performed by Metroplan. He clarified that the Liberty
subdivision was developed single-family under an R-3 zoning.
Chairman Brannen closed the public hearing at approximately 7:17 p.m.
In response to a question from Commissioner Young, Mr. Bond stated
that he believes the adiacent property on Military Road is zoned R-1,
he then recalled a rezoning request for adjacent property belonging to
Mr. Crook, which was denied a commercial rezoning. He related that
the proposed rezoning adjoins the R-3 property of the new Chapel Ridge
apartment complex.
In response to a question posed by Chairman Brannen, City Engineer
Whisker related that there are two pieces of property, the Chapel
Ridge property and a tract adjacent to the left side of Chapel Ridge.
He explained that the proposed property is adjacent to Chapel Ridge at
the back right corner.
Commissioner Hardwick questioned if there were other large tracts of
R-3 zoned property in the area, stating his concern for traffic flow
regar ding the ex i s ting development of Chapel RiGlge and any possible
future multi-family (R-3) development.
City Engineer Whisker related three possible access points if the
proposed property is developed, pointing out Stanphil, Military Road
and Nathan Hale. He stated that he is unaware of area residents
sentiment regarding an apartment complex having access into the
Woodbriar and Liberty Subdivisions, but added that those are two good
entrances with the exception of the intersection at Stanphil and
Military Road. He stated that as far as available land, there is a
tract behind Stonewall off Edinburgh.
Mr. Bond stated that the tracts off Stonewall are larger than proposed
property.
2
000157.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 8, 2001
7:00 P.M. -7:58 P.M.
City Engineer Whisker also pointed out property next to Chapel Ridge.
Commissioner Piggee stated that since there is no documentation as to
why the property was zoned R-1 and it meets all the requirements he
made the following motion.
Commissioner Piggee moved, seconded by Commissioner Perry to approve
the rezoning request from R-1 to R-3 as presented. MOTION CARRIED.
BUILDING PERMIT(S):
REQUEST TO APPROVE PLAT{S): a. FINAL PLAT 109 Dennis Lane
Mr. Dennis Callahan stated that he is the owner of CP Electronics
located at 109 Dennis Lane .
City Engineer Whisker stated that building permits that are on
unplatted property require being platted or a building permit issued
by the Planning Commission. He related that the Final Plat consists
of the existing building, which is all that is required for a one-lot
plat. He related that the property has utili ties, and features a
building that is not going to change. He stated that the only other
requirements the City could enforce would be curb and gutter on the
street because it is inefficient. He added that if the other property
owners were going to plat their land that might be a good suggestion,
but added that he does not think that will be the case in the area.
Commissioner Hardwick asked City Engineer Whisker, if given his
experience working with the Planning Commission and knowing the City
Council's concerns for waiving subdivision requirements, is it still
his recommendation that the Planning Commission waive the requirement
for curb and gutter.
City Engineer Whisker stated that it is.
Commissioner Hardwick moved, seconded by Commissioner Young to approve
the final plat for 109 Dennis Lane as submitted with a waiver
regarding the requirement for curb and gutter. MOTION CARRIED.
b. CHARLIE BOX SUBDIVISION
Chairman Brannen introduced the item of business and Commissioner
Hardwick recuse himself.
Mr. Bond reminded the Commission that the i tern was discussed at the
previous meeting and informed them that since that time he and Mr. Box
have been before the County Planning where it was discussed at length
and is now returning to the Jacksonville Planning Commission with
recommendations from the County to hopefully bring together a closer
consensus of what is workable for the subdivision. He stated that he
believes health and safety issues are being addressed. He went on to
say that Mr. Box was informed by the County that a 30-foot right-of-
way would not be sufficient, so he returned to the property owners on
3
1.(""8 ooo <Lj
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 8, 2001
7:00 P.M. -7:58 P.M.
Maddox Road and was able to negotiate an additional 10-feet on each
side for a 50-foot street right-of-way. He related that it would be a
20-foot road with a 4-foot gravel shoulder, which he believes the
County will agree to. He related that one of the issues discussed
previously was sidewalks and additional right-of-way on Maddox Road.
He then explained that County Engineer Sherman Smith indicated that
the County has no foreseeable plan to improve Maddox Road, which he
took to mean that the County is ambivalent regarding five additional
feet of right-of-way. He pointed out that there is a 60-foot right-
of-way, but the Master Plan had called for 70-feet. He explained that
Mr. Box was able to negotiate an additional 10-feet of right-of-way
regarding the subdivision street, but was not able to get the property
owners to agree to another 5-feet facing Maddox.
He then addressed earlier issues regarding water and fire hydrant
placement, saying that they have discovered that there is a fire
hydrant approximately 200 to 300 hundred feet west and one the same
distance to the east of the Subdivision. He added however, that City
Engineer Whisker has pointed out that the fire hydrants would not
serve the back culdesac area. He said that fire hydrant placement may
still be an issue to reconcile, pointing out that a 2 or 3 inch
waterline would be adequate regarding residential water service but
would not be sufficient for a fire hydrant. He stated that typically
the City Fire Marshall has requested a fire hydrant on or about the
first lot-line.
He stated that with a fifty-foot street right-of-way the existing
housing are at a 20-feet or less building setback, adding that a
setback waiver for houses on Coty Court is required. He noted that
the Final Plat would be presented after the improvements are made.
In response to a question posed by Chairman Brannen, Mr. Bond related
that the developer would need a waiver for 20-foot setbacks, and a
19.6-foot setback for lot A. He then related that the property is not
located in the AICUZ zone, but is beside it. He stated that he would
return to the County Planning Board with recommendations from the
Jacksonville Planning Commission. He then informed the Commission
that he and City Engineer Whisker have been discussing the areas that
overlap regarding developers who have to come before both the City and
County Planning entities.
In response to a question from Commissioner Lester, City Engineer
Whisker pointed out that the offer of a 50-foot right-of-way is more
than the 40-foot discussed previously, and that a 50-foot right-of-way
is normal development standards for Jacksonville streets. He related
that the waterline and waiver for the sidewalks on Maddox Road is the
biggest concern. He stated that if the Commission felt comfortable
that water pressure would not be needed regarding the back five-acres,
then the fire hydrant would not an issue.
4
000159
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 8, 2001
7:00 P.M. -7:58 P.M.
In response to a question from Commissioner Young, Mr. Bond stated
that the recommendation that the current fire hydrants were sufficient
regarding the lots that front Maddox Road was from the North Pulaski
Fire Chief not the City of Jacksonville.
City Engineer Whisker commented that two fire hydrants in such close
proximity in the County is fairly uncommon.
Commissioner Perry
regarding the back
subdivision.
stated
acreage,
if future development
then a plug would be
City Engineer Whisker concurred.
were to
essential
occur
in the
Discussion ensued and it was related that any future development
regarding Tract one would be required to carry a 35-foot front yard
setback.
Commissioner Lester questioned not requiring sidewalks on Maddox Road
and Mr. Bond stated that since the County does not have plans for
improvements and the developer is not being asked to provide the
additional right-of-way then sidewalks would not fit any future plans.
He then added that he has been told that the owners on Maddox Road do
not want sidewalks.
Chairman Brannen questioned if the property is developed and then
later annexed can the City stipulate sidewalks at that time.
City Attorney Bamburg stated that the developer is ~esponsible for
sidewalks unless the property owner agrees to be the responsible
party, adding that if the developer were requesting a waiver it would
be inappropriate to waive it now and stipulate development for them
later.
Mr. Bond pointed out that Mr. Box sold the lots approximately 1-year
ago.
Discussion ensued and City Attorney Bamburg related that the Planning
Commission could require an escrow for the sidewalks.
Commissioner Lester questioned if the Planning Commission could
require the developer to escrow the sidewalks if he no longer owns the
property and City Attorney Bamburg stated that the developer built the
subdivision, adding that the Planning Commission can set conditions
for the escrow regarding its use or if and when it is to be returned.
Mr. Bond stated that a time frame for execution seems reasonable.
Commissioner Perry raised concerns regarding the six separate service
waterlines, and Mr. Bond related there are six meters set on Maddox
Road, two service the houses that face Maddox Road and the other four
5
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 8, 2001
7:00 P.M. -7:58 P.M.
two on each side of the street serves
related that North Pulaski Water has
operation they desire a line built and
the houses.
the houses on Coty Court. He
stated that regarding future
the meters moved in front of
In response to a question posed by Commissioner Young, City Engineer
Whisker related that his recommendation is that Mr. Box put in a main
water line that the houses on Coty Court can stub into, and large
enough to accommodate development of the remaining five acres. He
suggested that approval be stipulated to meet with County approval,
pointing out that the subdivision will still have to go before the
County Waiver Board. He noted the need for setback waivers and a fire
hydrant in the subdivision.
Mr. Bond explained that typically a six-inch water line is run to the
fire hydrant and then a two or three-inch service line is continued,
adding that a blow-off at the end would address future extension to
Tract one. It was then noted that the area does not have sewer lines
and Mr. Bond related that the septic tanks meet all requirements and
have been approved by the County sanitarian.
Commissioner Perry moved, seconded by Commissioner Lester to allow a
20-foot setback variance and a 19. 6 setback variance for lot A and
stipulating that a main water line large enough to accommodate the
remaining five acres be run along with a fire hydrant between lots B
and D and further stipulating that an escrow be set for seven years
regarding sidewalks on Maddox Road. MOTION CARRIED.
c . REPLAT of PINEWOOD COVE
City Engineer Whisker related that he has approved a replat of the
Pinewood Cove area located off Redmond Road adjacent to Hwy 67/167.
He related that it is zoned R-3 (multi-family) and consists of four
lots. He stated that the developer is adding an extra lot. He
related that there are four-plexes currently there but the developer
wants to make them townhouse four-plexes to ease construction costs
and secure funding. He stated that it would require a side-yard
setback and lot size variances from the Board of Adjustment.
GENERAL: Discussion regarding Carport Codes
City Engineer Whisker related that the biggest difficulty regarding
carports is the determination of pre-existing carports in reference to
front yard setbacks.
Discussion ensued regarding the speed that metal carports are built.
City Engineer Whisker related that it becomes an enforcement issue.
Alderman Stroud related that many of the carports have been erected
since the ice storm, adding that while the carports are not desirable
the people he has spoken with do not want to penalize residents that
cannot afford a more costly structure. He stated that he feels
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 8, 2001
7:00 P.M. -7:58 P.M.
0001.6 1.
persons wanting to construct this type of carport should have a
building permit, adding that if it does not fit building setback codes
they should be forwarded to the Board of Adjustment. He went on to
say that he did not feel that the City Council would out-right ban
this type of structure.
Discussion ensued as to possibly of advising the dealers who sell
metal structures that to avoid adverse circumstances they should
ensure the property owner has a building permit.
Alderman Howard stated that he did not feel that the dealers would be
concerned with that aspect. He concurred that this type of structure
has increased since the beginning of the year and noted that
monitoring would have to occur through observing the setbacks.
Commissioner Piggee suggested that the general public be informed of
setback regulations regarding carports.
City Attorney Bamburg related that ordinances are published following
Council passage in accordance with State Law, adding that the City
depends on the news media to assist in those efforts. He stated that
further, mail outs to certain areas, a more detailed press release,
and public meeting in the neighborhoods seem to be effective.
Commissioner Perry suggested that if enforced through setback codes,
the consumer would be forced to return to the dealer for a -refund.
Mr. Bond related that many of the structures are sold by individuals
working part-time, not a conventional business. He related that the
structure can be delivered and unloaded in less than an hour and
fabricated on site in less than three hours.
Discussion ensued regarding carport codes as an inclusion in the Bill
of Assurance. City Attorney Bamburg related that a requirement by
ordinance would be necessary before developers would be required to
provide that.
City Engineer Whisker stated that primarily problems occur with
setbacks when the homeowner does not apply for a building permit and
then claims that it was there before.
Mr. Bond stated that unless a neighbor complains it is difficult to
enforce.
It was pointed out that the situation occurs more often in older
subdivisions.
Commissioner Piggee suggest that this may be an issue to be discussed
when the developer comes before the Planning Commission.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 8, 2001
7:00 P.M. -7:58 P.M.
Mr. Bond pointed out that many bills of assurances already address
carports and out buildings, but it has to be enforced.
City Engineer Whisker then pointed out that the City is not
responsible for enforcing Bill of Assurance.
City Attorney Bamburg concurred saying that it is a private
enforcement issue.
ADJOURNMENT:
With no further discussion, Chairman Brannen without objection
adjourned the meeting at approximately 7:58 p.m.
Respectfully,
Secretary
8
000163
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
AGENDA
7:00P.M.
NOVEMBER 19, 2001
Regular Planning Commission
Meeting October 8, 2001
REZONING: Four tracts of land
east of railroad/ adjacent to Loop
Road (Pet. Woodhaven Homes)
Represented by Bond Engineering
(info included in packet)
PAGE
1-8
9
5. BUILDING PERMIT(S): a. Metes and Bounds Building Permit
Northlake Subdivision (Pet: Tommy Dupree)
(info included in packet)
6. REQUEST TO APPROVE
PLAT(S):
ADJOURNMENT
b.
a.
Metes and Bounds Building Permit
Triangle Park (Pet: Preston Robinson)
(info included in packet)
PRELIMINARY PLAT: Collenwood PH Ill
(Pet: Jim Green) Represented by Bond
Engineering (plat included in packet)
b. REPLAT: Fair Oaks Phase II/ Lots 48F & 49F
(Pet: Jerry Smith)Represented by Bond
10
11
12
Engineering (info included in packet) 13
c. PRELIMINARY PLAT: Northlake IX
(Pet: Tommy Dupree) Represented by Bond
Engineering (plat included in packet) 14
d. PRELIMINARY PLAT: Car Wash Subdivision
(Pet: Mike Berg & Ronnie Shrader)Represented
by Bond Engineering (plat included in packet) 15
000164
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 19, 2001
7:00 P.M. -7:48 P.M.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested roll
call.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester,
Glen Keaton, Lester Piggee, Tammy Green, Mark Perry, and John Hardwick
answered ROLL CALL. Chairman Brannen also answered ROLL CALL.
PRESENT nine (9) 1 ABSENT (0) .
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, members of the press, interested citizens, and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Piggee moved, seconded by Commissioner Lester that the
minutes of the 8 October 2001 Regular Planning Commission meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARING(S): a. REZONING of four tracts east of the
railroad/adjacent to Loop Road from M-1 to C-1 and R-7
Chairman Brannen opened the public hearing at approximately 7:01 p.m.
Representative Mr. Tommy Bond related that the land is undeveloped; he
stated that the adjoining property owners are himself and four other
orooertv owners. He related that the oeti tioner Woodhaven Homes is
seeking-to develop a manufactured home park. He pointed out that the
frontage is adjacent to Loop Road and would be utilized for mini-
warehouses primarily for the park residents.
In response to a question posed by Commissioner Lester, Mr. Bond
related that the frontage of the property is approximately 500-feet
abutting Loop Road beginning at the railroad tracks. He explained
that the mini-warehouses would be adjacent to Loop Road and the park
area is proposed to be located directly behind the warehouses.
With no one to speak in opposition, Chairman Brannen closed the public
hearing at approximately 7:03 p.m.
In response to a question posed by Commissioner Hardwick, Mr. Bond
related that the property is currently zoned M-1 for industrial. He
stated that he does not feel the prope'"'rty is not best suited for
industrial development, pointing out that all of the adjacent land was
de-annexed four years ago.
City Engineer Whisker related that the land use map shows the property
as residential even though it is zoned M-1. He then stated that the
property is adjacent to the Holland Bottoms area and is not a part of
the existing wetlands.
Mr. Bond stated that tract one is entirely out of the flood zone and
that the adjacent tract is a buffer zone to the flood plain. He
related that tract 2 is in the flood plain and basically consists of a
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 19, 2001
7:00 P.M. -7:48 P.M.
strip of trees, which is proposed to be utilized as a recreation area
for the park. He stated that the property would be ideal for a mobile
home park and that the developer proposes to maintain the property.
He cited a similar mobile home park as an example of the development
proposed, saying that the homes would be skirted, well kept and
maintained, which is the primary purpose of the mini-warehouses. He
related that the park would not allow homes older than five-years to
be moved in and that any home that becomes older than five-years after
moving into the park must be well maintained. He stated that
residents would be screened first with credit reports, and secondly
with police checks; if they failed either they would not be allowed to
rent a lot.
Commissioner Hardwick questioned if those conditions can be stipulated
into the rezoning, pointing out that R-7 zoning does carry those
requirements.
Mr. Bond stated that if the rezoning is granted, the developer would
still return to the Commission with development plans. He pointed out
stipulations could be placed on the development plans when the
management plan is presented to the Commission.
City Attorney Bamburg agreed that the time to address such issues is
when the development plan is submitted along with the request for
building permit approval.
Commissioner Hardwick voiced concern for stipulating conditions not
required under the R-7 zoning classification.
Mr. Bond pointed out that the water, sewer and street plans would have
to be brought before the Commission.
City Attorney Bamburg clarified with Mr. Bond that the development
would precede as a subdivision.
Mr. Bond stated that it would be different because the lots are to be
rented not sold.
City Attorney Bamburg further clarified and Mr. Bond agreed that it is
being developed as a subdivi~ion regarding the plans for water, sewer
and street.
Commissioner Hardwick stated that it would need to remain under one
ownership.
Mr. Bond stated that the developer plans to keep the park under one
ownership and will return with plans regarding public water, sewer,
fire protection, and police protection. He pointed out that most
parks of a similar nature have dumpsters, so garbage pickup will not
be needed.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 19, 2001
7:00 P.M. -7:48 P.M.
Commissioner Green questioned fencing between the park and the
railroad.
Mr. Bond related that fencing has been discussed and there will
probably be a fence to not only lend privacy along the railroad, but
address safety issues as well. He related that separate areas are
proposed for families with children and other areas for older families
without children.
Commissioner Young moved, seconded by Commissioner Green to approve
the rezoning of four tracts of property east of the railroad adjacent
to Loop Road as presented. MOTION CARRIED.
BUILDING PERMIT(S): a. NORTHLAKE SUBDIVISION
Representative Mr. Tommy Bond stated that in addition to the building
permit request, Mr. Dupree has submitted a preliminary plat for
Northlake Phase IX. He stated that Mr. Dupree would like to start
construction on his personal home on a preliminarily platted lot.
City Engineer Whisker stated that the sewer and water have been
completed, adding that the street has been completed mid-way of the
lot. He pointed out that the driveway will need to connect to the
existing street and noted that further street construction will resume
when the preliminary plat is approved.
Commissioner Lester moved, seconded by Commissioner Green to approve a
metes and bounds building permit contingent upon the approval of the
preliminary plat. MOTION CARRIED.
b. TRIANGLE PARK
Representative Mr. Bond related that the building is proposed to
provide better fire protection for the entire Triangle Park
Subdivision. He explained that it would be a small building to house
the fire booster pump in the vicinity adjacent to the railroad and
General Samuels. He pointed out that the USAF is in the process of
abandoning the railroad. He related that this type of construction is
not common for the area, but since it is anticipated that all the
buildings will be built and owned by one entity then this is the most
economical way to provide fire protection for all the buildings.
City Engineer Whisker stated that the plans meet guidelines regarding
fire protection, adding that he feels it is an excellent idea. It was
clarified that the building will be behind the 25-foot right-of-way.
He reviewed that the Triangle Park Subdivision is located off General
Samuels and Redmond Road and that the preliminary plat was approved in
April of 2000. He stated that Mr. Robinson has completed the sewer
and water lines and is providing to increase the pressure to meet
requirements by the Fire Marshall.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 19, 2001
7:00 P.M. -7:48 P.M.
In response to a question posed by Commissioner Green, Mr. Bond
related that the Air Force lS in the process of abandoning the
railroad, but is c u rrent ly waiting for clearance from EPA regarding
hazardous waste concerns over material used to treat the cross ties.
He then related that if the track remains in place it would not affect
development plans, adding that the track would probably be made into a
road. He noted that the tracks on the Air Base have been removed and
there have not been any trains in the area for approximately six
years. He related that the tracks were used during the construction
of the missile silos and proposed in a rail missile plan. He related
that the map shows the railroad tracks abandoned and that the City is
in the process of acquiring area rights-of-way.
Commissioner Hardwick moved, seconded by Commissioner Piggee to
approve the building permit request for Triangle Park as presented.
MOTION CARRIED.
REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Collenwood Phase III
Representative Mr. Bond related that Collenwood Phase III follows the
plan submitted approximately three years ago, adding that a sidewalk,
streetlight, and street sign plan have also been submitted.
City Engineer Whisker stated that the sidewalk plan is consistent with
regulations regarding sidewalks.
Discussion ensued as to the requirement for sidewalks :..in Phase I of
the subdivision. City Engineer Whisker related that he recalls a
request for sidewalks in Phase II. It was noted that the "F"
designation has been applied to the lots applicable.
In response to a question posed by Chairman Brannen, ' City Engineer
Whisker related that the ditch between Stonewall and Collenwood is in
the floodway, adding that the designated floodway line and the lots on
the south side of the subdivision are adjacent. He clarified that
none of the lots are in the floodway. He recalled the overall plan,
saying that the floodway area between Collenwood and Stonewall is
going to be part of a Collenwood Home Owners Association. He related
that the Bill of Assurance has designated the area as a private park.
Commissioner Keaton moved, seconded by Commissioner Dollar to approve
the preliminary plat of Collenwood Phase III as submitted. MOTION
CARRIED.
b. REPLAT Fair Oaks Phase II/Lots 48F and 49F
Representative Mr. Bond stated that the replat is necessary because a
house could not be fit on lot 48F. He explained that the lot 48F was
too narrow, so the house was place on lot 49F, and then the property
line was moved approximately 7-feet to accommodate a house for lot
48F. He related that the developer is also requesting a 25-foot
building setback for both lots. He explained that a 30-foot setback
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 19, 2001
7:00 P.M. -7:48 P.M.
would not accommodate the house on lot 49F, adding that both lots are
located in a culdesac. It was clarified that the side yard setback
off Main Street is 25-foot.
City Engineer Whisker stated that the Jacksonville Municipal Code only
addresses 35-foot front yard setbacks, even though 25-foot setbacks
have been practiced in culdesacs for approximately 5-years.
City Attorney Bamburg clarified that the 25-foot setback in a culdesac
has been granted as a variance regarding plat approval.
Commissioner Piggee moved, seconded by Commissioner Green to approve
the replat of lots 48F and 49F of the Fair Oaks Subdivision Phase II
with a 25-foot variance regarding the front yard setbacks on Jessica
Court. MOTION CARRIED.
c. PRELIMINARY PLAT Northlake Phase IX
Representative Mr. Bond related that Phase IX is a follow through of
the plan developed in the 70's. He stated that Phase VIII was
approved recently and then pointed out that the original plan featured
80-foot lots, but has now been increased slightly as a reflection of
consumer demand. He stated that the previous Phase was developed
before the adoption of the Master Sidewalk Plan, adding that plans for
sidewAlk~: street lightsr and street signs has been submitted.
Discussion ensued and it was related that different parts of Northlake
has sidewalks while other areas do not.
It was noted that Phase IX does not have any lots located in the flood
plain.
Commissioner Lester moved, seconded by Commissioner Dollar to approve
the Preliminary Plat of Northlake Phase IX. MOTION CARRIED.
d. PRELIMINARY PLAT Car Wash Subdivision
Representative Mr. Bond related that the property is a vacant lot
located off Redmond Road near the railroad tracks. He explained that
the lot has been vacant for a long time and is now being proposed for
a car wash and mini-warehouses development. He stated that the
developer is asking for a rear yard waiver to back mini-warehouses up
to the railroad right-of-way and a waiver to construct a stand-alone
vacuum beyond the building line toward the street.
In response to a question posed by Commissioner Hardwick, Mr. Bond
related that it would be similar to the one located on Marshall Road.
Mr. Bond then related that the development would have an automatic car
wash with five wand bays and mini-warehouses in the rear to utilize
space that is not needed for the car wash plus provide the ability to
utilize the staff to watch the mini-warehouses complex.
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REGULAR PLANNING COMMISSION MEETING
NOVEMBER 19, 2001
7:00 P.M. -7:48 P.M.
0001:69
In response to a question posed by Chairman Brannen, Mr. Bond related
that the mini-warehouses would be fenced with a security fence and an
electronic gate. He added that the back wall and the sidewall would
consist of a new wall system providing more security. He stated that
it is a plastic system filled with concrete, saying that it was
developed in Canada.
Discussion ensued and it was noted that the finished product would be
similar in appearance to vinyl siding. Mr. Bond explained that the
forms click together and are then re-enforced with concrete.
City Engineer Whisker related that he has discussed sidewalks for both
sides in addition to Redmond Road rights-of-way.
Mr. Bond stated it to be a great improvement to the area, saying that
the developer plans to pipe the ditch along South Redmond. It was
then pointed out that there would be ingress and egress from both
Redmond Road and Elm Street.
Mr. Mike Berg demonstrated the system showing the Planning Commission
the actual forms used in the construction. He also related that this
type of construction would be the first used in the State of Arkansas.
He noted that the composite material cannot be broken, will not rot,
or mildew. He stated that costs compare to that of masonry
construction and that the 8-foot fence would be from the same
material. He stated that it would take three weeks to construct a
masonry car wash compared to one week with the composite material and
an additional week for the metal roofing system. He stated that the
material has mostly been used in Canada and Europe. I-le pointed out
provisions regarding the ladies safety at their car washes, saying
that they always put FRP board on the masonry with almost 1 million
watts of lamp power underneath, adding that with the new material they
have been informed that because of the reflective nature they can cut
down on the lamp power. He stated that anything spayed on the
material could be cleaned off and any possible damage is easy to
repair by removing a small section for replacement. He said the name
of the product is "Octa-form" although it is square. He then related
that the Canadians, various engineers, and architects are coming to
view the first-time construction. He said that it would generate
quite a fanfare in the City of Jacksonville. He then invited the
press to attend.
Discussion ensued and it was related that there would be some chain
link fencing on the west end of the mini-warehouses where there is an
existing structure next door.
Commissioner Young raised questions regarding required landscaping,
mentioning that the development is near residential properties.
Mr. Bond pointed out that the right-of-way widens regarding the
cloverleaf arrangement to more than 100-feet to the duplexes.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 19, 2001
7:00 P.M. -7:48 P.M.
Further discussion regarding the proposed requirements for landscaping
ensued and it was noted that the City of Jacksonville has not formally
adopted a landscaping ordinance.
Mr. Mike Berg offered that they landscape all their properties, saying
that they will irrigate and bring in sod. He referenced the nearest
similar property owned by them at 3624 JFK in North Little Rock and
stated that they have always received compliments on the appearance of
their properties.
Commissioner Young moved, seconded by Commissioner Green to approve
the preliminary plat of Car Wash Subdivision as presented and grant a
setback variance for the rear adjacent to the railroad and South James
Street and placement of the vacuum pumps in the front. MOTION
CARRIED.
Chairman Brannen introduced material supplied by Commissioner Dollar.
Commissioner Dollar related that some of the County area planners
attended the Annual Four-State Planning Conference held in Kansas and
returned with a sample tree ordinance. She noted that it is a shorter
ordinance than most and was well received by the planners attending
the conference. She related that there was a tour of the area where
the ordinance was applied; saying that the planners felt the ordinance
was working well.
It was the consensus of the Commissioner to review considerations for
a tree Ordinance in future meetings.
ADJOURNMENT:
With no further discussion, Chairman Brannen without objection
adjourned the meeting at approximately 7:48 p.m.
Secretary
7