2003JACKSONVILLE 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): a.
AGENDA
January 13, 2003
7:00P.M.
Election of 2003 Planning Commission
and Board of Adjustment Officers
Regular Planning Commission
Meeting November 21, 2002
Ratify telephone vote
Approval of FINAL PLAT
Collenwood Phase IV
Annual 2002 Planning Commission Report
(included in packet)
Establishing Various Zoning regarding
Annexation Ordinances 1183 & 1177
(maps included in packet)
TUP (Tower Use Permit)
1111 James Street
(petitioner: T-Mobile USA, Inc.)
(plan included in packet)
b. SITE PLAN
2301 T.P. White Drive
Lowe's Home Center
(petitioner: Ozark Civil Engineering, Inc.)
(plan included in packet)
c. SITE PLAN
Haskins Commercial Addition Lot 1
Corner of Marshall and John Harden
Superior Federal Bank
(petitioner: Development Consultants Inc.)
(plan included in packet)
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PLANNING COMMISSION A G E N D A continued:
January 13, 2003
6. REQUEST TO APPROVE a. PRELIMINARY PLAT
Haskins Commercial Addition
Lots 1 and 2
PLAT(S):
7. GENERAL:
ADJOURNMENT
FINAL PLAT of Lot 1
(petitioner: Development Consultants Inc.)
(plat included in packet)
b. PRELIMINARY PLAT
Lowe's Home Centers, Inc.
(petitioner: Initial Point Surveying, Inc.)
(plat included in packet)
Draft Landscaping Ordinance
(included in packet)
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 13, 2003
7:00 P.M. -7:58 P.M.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester,
Glen Keaton, and Mark Perry answered ROLL CALL. Chairman Brannen also
answered ROLL CALL. PRESENT six (6), ABSENT (2) with one opening.
Others present for the meeting were City Engineer Whisker, Alderman
Fletcher and Stroud members of the press, interested citizens, and
petitioners.
Nomination of 2003 Planning Commission Officers:
Commissioner Perry moved, seconded by Commissioner Keaton to nominate
Art Brannen as 2003 Chairman to the Planning Commission. MOTION
CARRIED.
Commissioner Keaton moved, seconded by Commissioner Young to nominate
Mark Perry as 2003 Vice Chairman to the Planning Commission and
Chairman to the Board of Adjustment. MOTION CARRIED.
Commissioners Susan Dollar and Glen Keaton volunteered to serve as
Planning Commission members to the 2003 Board of Adjustment and
Commissioners Lester and Young volunteered to serve on the sign
ordinance sub-committee of the City Council.
APPROVAL AND/OR CORRECTION OF MrNUTES:
Commissioner Perry moved, seconded by Commissioner Lester that the
minutes of the 21 November 2002 Regular Planning Commission meeting be
APPROVED. Noting that the Regularly Scheduled November 11, 2003
meeting rescheduled for November 18, 2003 was cancelled due to the
lack of a quorum. MOTION CARRIED.
Commissioner Lester moved, seconded by Commissioner Young to ratify
the December 3, 2002 telephone vote to approve and forward to the City
Council the Final Plat of Collenwood Phase IV. MOTION CARRIED.
Commissioner Keaton moved, seconded by Commissioner Dollar to approve
the Annual Planning Commission Report as submitted. MOTION CARRIED.
PUBLIC HEARING(Sl: Establishing Various Zoning regarding Annexation
Ordinance 1183 and 1177 of 2002.
Chairman Brannen opened the public hearing at approximately 7:12 p.m.
City Engineer Whisker related that the proposed zonings were submitted
when the property was annexed. He reviewed the zoning for the
landfill to continue as M-1 and C-4 regarding the Highway right-of-
way. He stated that zonings regarding the Southeast Annexation is
proposed for their current uses.
With no one to speak in opposition, Chairman Brannen closed the public
hearing at approximately 7:03p.m.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 13, 2003
7:00 P.M. -7:58 P.M.
Commissioner Perry moved, seconded by Commissioner Keaton to recommend
proposed zoning Ordinance to the City Council. MOTION CARRIED.
BUILDING PERMIT(S): a. TUP (Tower Use Permit) 111 James Street
Mr. Chris Villines representative for T-Mobile, stated that in 1996
there were approximately six companies that were granted licenses to
service the local area with PCS coverage. He stated that T-Mobile is
one of the companies, adding that in order to cover the greater area
of Jacksonville and the 67 Highway they have selected a site at 111
James Street owned by William and Patsy Roetzel. He stated that the
property is located behind a convenience store at the intersection of
James Street and Highway 67.
City Engineer Whisker related that the Planning Commission would be
the body to address any waivers regarding the Jacksonville Municipal
Code telecommunications ordinance, adding that the request is for a
monopole thirty feet taller than what is currently allowed by Code.
He then explained that the monopole is legislated to be the heights
distance away from any structure, pointing out that it is being
proposed at forty-one feet from the nearest structure.
In response to a question posed by City Engineer Whisker regarding a
letter from the Little Rock Air Force Base, Mr. Villines responded
that he has spoken with Mr. Fred Dollard who reviews all FAA request
regarding clearance and Lucien Gilliam the Civil Engineer of the
Little Rock Air Force Base. He stated that he was told by Mr. Dollard
and Mr. Gilliam that the site would meet with their criteria. He
further explained that any request over 700 feet AMSL would be denied
by the Air Base, adding that T-Mobile' s proposal is in the 430 foot
AMSL range. He stated that he is expecting an approval letter from
Mr. Dollard regarding the request. He stated that construction could
not begin until approval from the FAA was granted, adding that he
would like to request approval from the Planning Commission contingent
upon FAA approval and a letter from the Air Base.
Discussion ensued and it was noted that a church is the only structure
within 130 feet of the proposed tower.
Chairman Brannen invited comment from the audience.
Alderman Fletcher recalled the tower constructed behind Gwatney
Chevrolet, which also exceed the height permitted by ordinance to
allow other carries to locate on the tower. He stated that his desire
would be to see several companies located on one tower as opposed to
several tower locations around the City. He pointed out several other
tower locations in the City. He mentioned recent concern regarding
the aesthetics of signs in the Community, saying that cell towers
should be viewed similarly.
Mr. Villines addressed concerns, saying that T-Mobile is co-locating
at approximately 90% of its locations in the State of Arkansas,
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 13, 2003
7:00 P.M. -7:58 P.M.
more so than any carrier he has worked with. He stated that he could
not speak specifically to the tower located behind Gwatney Chevrolet,
but stated his estimation would be that in order to co-locate at the
tower located behind Gwatney they would have to locate fifteen to
twenty feet below the antenna at the top, which might create holes in
their coverage area. He related that he believes it is an All tel
site. He stated that one of the problems is vertical separation
between antennas, explaining that as you move down the tower it
creates holes in the coverage area. He stated that T-Mobile does try
to co-locate whenever possible.
In response to a question posed by Commissioner Lester, Mr. Villines
stated that he had reviewed possibilities for co-location sites.
Chairman Brannen recognized Mr. James Reid.
Mr. Reid stated that he is a member of the church that is located
forty-one feet from the proposed location of the cell tower. He
stated that his church has discussed the possibility of purchasing the
adjacent property but does not have any time frame for that proposal.
He asked Mr. Villines if the tower would have guide wire lines that
would take up a large portion of the property.
Mr. Villines reviewed the vicinity map of the location and the area to
be used in the construction ot the proposed cell tower. He stated
that in the event that the land were purchased in future, the monopole
could be moved approximately ten feet closer to the convenience store
within the lease area, providing an opportunity for the church to
mFJximi:t:P. Flny lFJnd pllrr.hi'l.sP..
In response to a question posed by Commissioner Lester, Mr. Villines
related that the lease on the property is a five-year lease with five
rollovers.
In response to a question posed by Commissioner Lester, Mr. Reid
stated that the church would probably not be ready to purchase the
land in twenty-five years, adding that he was mostly concern about the
monopole having a large spread of guide wires.
Mr. Villines stated that the monopole would stand alone without guide
wires. He then pointed out that if the church were to purchase the
property it would provide income for the church regarding the property
lease from T-Mobile.
City Engineer Whisker stated that his concern would be the ninety-foot
waiver close to a residential area, adding that he does not believe
that would be a good standard to set.
Alderman Stroud questions
reason it is required to
structure.
concerns regarding radiation
be located its height away
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being
from
the
any
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 13, 2003
7:00 P.M. -7:58 P.M.
Mr. Villines stated that the equipment does not carry any radiation
concerns, adding that under the telecommunications act, the FCC has
mandated that radiation not be an issue regarding zoning areas because
there is no indication that radiation is a factor.
Commissioner Lester stated that he was weighing the concern from
Council members and the aesthetics of the Community versus trying to
provide quality cell service for the customers of the area. He stated
that he would be inclined to postpone the decision until approval is
granted from the Little Rock Air Force Base, offering additional
consideration time.
Commissioner Lester moved, seconded by Commissioner Keaton to postpone
the item of business until confirmation is received from the Little
Rock Air Force Base. MOTION CARRIED.
Commissioner Lester questioned the requirement under Federal law that
the service be made available in the area, questioning the possibility
of co-locating or choosing a different site.
Mr. Villines stated that he would review those considerations before
returning to the Planning Commission. He stated that regarding the
aesthetics and mitigating the impact, he did not feel there would be a
better location. He stated T-Mobile exhaust search rings prior
regarding coverage needs that best meets with FCC requirements, adding
that they are mandated to provide coverage to the citizens of
Jacksonville and surrounding areas throughout the State. He stated
that T-Mobile's goal is to optimize coverage and mitigate antithetic
impact. He stated that he hates to ask for a waiver regarding the
setback but pointed out that the area is not heavily residential. He
stated that with regard to setting a precedent, they try to offer an
arrangement that does not push the Planning Commission into a corner
regarding any precedent that would be harmful later. He stated that
T-Mobile feels this would be a great location for this type of
development.
Commissioner Lester stated that it eases his concern that there would
not be a multitude of guide wires involved in the construction.
Mr. Villines related that it would be similar in appearance to a
flagpole with their equipment at the top. He stated that the monopole
would be constructed to hold other carriers, but cautioned that it
returns to the same problem of vertical separation. He stated that he
would speak with the designers regarding the incorporation of a flange
at the top of the monopole to provide vertical separation for
additional carriers later. He stated that an addition waiver is
necessary regarding fifteen feet for additional carriers; they could
apply at a later time, adding that may have been the problem with the
site earlier discussed at Gwatney.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 13, 2003
7:00 P.M. -7:58 P.M.
b. SITE PLAN 2301 T.P. White Drive, Lowe's Home Center
Mr. Marc Millis of Lowe's Home Center from North Carolina stated that
Lowe's has submitted a site plan regarding the four properties located
north of Blockbuster up to Madden Road along 67/167. He stated that
the site plan is for a similar facility to the North Little Rock
Lowe's Home Center. He introduced Mr. Lance Mills of Ozark Civil
Engineering to address technical questions regarding the site plan.
City Engineer Whisker related extensive conversations with
representative of Lowe's, adding that his main concern is the driveway
that faces the off-ramp on Highway 67/167. He stated that discussions
have begun between the Highway Department and the City regarding the
relocation of the off-ramp further north away from the Madden Road
intersection. He stated that the relocation of the off-ramp would
address concerns regarding any impact from the driveway onto Highway
67/167, but added that there is no firm plans to do so. He stated
that currently the best solution regarding traffic cutting through to
get to the off-ramp would be to have a barrier curb that would prevent
traffic from being able to access the freeway from that location and
forcing them to make a right hand turn.
In response to a question from Commissioner Lester, City Engineer
Whisker related that it could be a lengthy time before the relocation
occurs.
Mr. Millis stated that Lowe's is in agreement to the barrier curb
regarding safety factors.
City Engineer Whisker related that a trAffic stlldy regarding a traffic
signal at the intersection of Lowe's would have to be coordinated with
the traffic signal located at T.P. White and North First which is also
coordinated to the signal at John Harden and Vandenburg. He stated
that a second traffic study would have to be conducted to coordinate
the signals.
In response to a question posed by Chairman Brannen, City Engineer
Whisker related that if the access roads were to change to one-way,
the area in front of Lowe's going back to Coffelt Road and the access
road to Taneyville would remain two-way.
Discussion regarding provisions for landscaping was noted to be
satisfactory.
Lester moved, seconded by Commissioner Young to approve the site plan
for Lowe's Home Center. MOTION CARRIED.
It was noted that the Board of Adjustment granted a variance to Lowe's
regarding their standard sign package and parking.
c. SITE PLAN Marshall and John Harden, Haskins Commercial Addition
Lot 1
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 13, 2003
7:00 P .M. -7:58 P.M.
Mr. Robert Brown of Development Consultants stated that he would be
representing the development of the Haskins Commercial Addition at the
northeast corner of Marshall and John Harden Drive.
City Engineer Whisker stated that he is r equesting sidewalks following
around from John Harden as it turns to Ma r s h a l l Roa d.
Discussi on ensued regarding concerns for building in the f l oodway;
City Engineer Whisker related that Development Consultants wo uld be
responsible for submitting a letter stating that the development would
not create a rise in the fl oodwa y. He stated that a reduction request
regarding the floodway has been sent to FEMA for their approval, but
is pending at this time due to a long stri n g of circumstances with the
current owner. He stated that if approved most of the floodway status
would be removed from the property. He stated that the drivewa y could
be constructed under a "no rise certificate" prior to removal of the
floodway status.
Mr. Brown stated that there is no objection to t he sidewalks, adding
that they are hoping to see the f loodway map r evisi on approved which
would a l low for fl exibility in grading of the property. He stated
that otherwi se the dri vewa y would hav e to be constructed with existing
grades, which can be done as long as t h e property is not filled in the
floodway area. He s tated that devel opment plan s would not affect the
floodway.
In response to a ques t i on posed by Chairman Brannen, Mr. Brown
explained that the cur r ent owner o£ t he p roperty had hired a
consultant who performed a study to h ave the floodway reduced without
improvements. He sta ted that it was submi t ted to FEMA and as stated
by the City Engineer it has basically been approved excluding some
criteria regarding additional monies from the current owner.
Commissioner Keaton ·moved, seconded by Commissioner Dollar to approve
the site plan of Haskins Commercial Addition with construction of
sidewalks as requested by City Engineer Whisker. MOTION CARRIED.
REQUEST TO APPROVE PLAT (S): a. PRELIMINARY PLAT Haskins Commercial
Addition Lots 1 and 2
In response to a quest ion posed by Chairman Brannen, City Engineer
Whi s ker related t h at landscaping provis i ons have not been addressed
beca use the landscaping ordinance has not been appr oved by the City
Council.
Mr . Brown noted t hat lands caping issues would be addressed on the site
plan, sayi ng a f ormal l andscaping plan had not been submitted because
it had not been requested. He s tated that he could provide one along
with the c onstru ction p l ans . He ref erred t o the site p lan, saying
that ther e are generous perimeter area s , i nt e rior islands including an
area around the building dedicated to landscaping. He then noted that
sidewalks would be added and indicated on future copies of the plan.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 13, 2003
7:00 P.M. -7:58 P.M.
City Engineer Whisker stated that the only items missing for a final
plat approval is the water and sidewalks, which will be addressed with
the final plat.
Commissioner Lester moved, seconded by Commissioner Keaton to approve
the Preliminary Plat of the Haskins Commercial Addition Lots 1 and 2
with sidewalks. MOTION CARRIED.
FINAL PLAT Haskins Commercial Addition Lot 1
In response to a question posed by Chairman Brannen, City Engineer
Whisker related that Lot l at the current time would involve the
floodway regarding the driveway area. He explained that in order to
sell a piece of property from a larger tract under five acres it has
to be final platted. He stated that Jacksonville Municipal Code
requires that all improvements be in place prior to being final
platted. He pointed out that a seller would not want to encumber the
cost of improvements, adding that the developer and buyer would be
happy to do the improvements, but is unable to purchase the property
until it is final platted. He stated that it creates a dilemma,
adding that in speaking with other cities he has learned that they
require a guarantee that improvements will be made if the property is
final platted. He stated that currently Jacksonville Municipal Code
does not provide for that, adding that he is proposing an ordinance
for the City Council that would allow for a guarantee of improvements
and has brought this to the attention of the Council at their previous
meeting.
Chairman Brannen requested that the "no rise certificate" be provided
prior to the item being submitted to the City Council.
Commissioner Lester moved, seconded by Commissioner Perry to approve
the Final Plat of the Haskins Commercial Addition Lot 1 contingent
upon City Council approval regarding a guarantee of improvements and
being recommended to the City Council for Final Plat approval. MOTION
CARRIED.
b. PRELIMINARY PLAT Lowe's Home Center Inc.
Mr. Lance Millis of Ozark Civil Engineering related that the sister
company of Initial Point Surveying, Inc. has performed the surveying
regarding the request to combine four properties into one large
property to provide for the development of a Lowe's Home Center.
Chairman Brannen complimented the landscape plan for the development.
Commissioner Young moved, seconded by Commissioner Keaton to approve
the Preliminary Plat as submitted. MOTION CARRIED.
GENERAL: Draft Landscaping Ordinance was discussed following the
close of the regularly scheduled Planning Commission meeting.
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ANNOUNCEMENT:
ADJOYRNMENT:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JANUARY 13, 2003
7:00 P.M. -7:58 P.M.
Chairman Brannen without objection adjourned
approximately 7:58 p.m.
the meeting at
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JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLk CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00P.M.
AGENDA
FEBRUARY 10, 2003
7:00P.M.
Regular Planning Commission
Meeting January 13, 2003
REZONING from C-1 to C-2
1100 North James Street
Petitioner: Thomas L. Curry
5. BUILDING PERMIT(S): a. PRELIMINARY PLOT PLAN
6. REQUEST TO APPROVE
PLAT(S):
7. GENERAL:
ADJOURNMENT
South Redmond Road & Highland Drive
Petitioner: Mr. Jerry Smith
Representative: Bond Engineering
(plot included in packet)
b. PRELIMINARY PLOT PLAN
a.
Mini Warehouse Complex and Car Wash
west right-of-way line of Hwy 161
Outside City Limits
Petitioner: Mr. David Richardson
Representative: Bond Engineering
(plot included in packet)
PRELIMINARY/FINAL PLAT
Juanita Washington Subdivision
One-lot 213 Ray Road
Petitioner: Mrs. Juanita Washington
Representative: R & K Services
(plat & Bill of Assurance included in packet)
Request to Revise Agenda Format
regarding building permits and request to
approve plats
b. Draft Landscape Ordinance
(included in packet)
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 10, 2003
7:00 P.M. -7:51 P.M.
Chairman Brannen opened the me eting at approximately 7:00 p .m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester,
Glen Keaton, Mark Stroud and Mark Perry answered ROLL CALL. Chairman
Brannen also answered ROLL CALL. PRESENT seven (7), ABSENT (2)
Others present for the me eting were City En g i neer Whisker, Aldermen
Fletcher , Stroud, San sing and Smith, Chamber of Commerce Director
Bonita Ro wnd, Sherry Ol iver, Duane Reel , James Reid, Jay Hudson, Mr.
Ted and Reb ecca Camp, Tommy Bond, J im Peacock, Preston Robinson, Jerry
Smith, Roy Di llinge r , Thad Gray members of the press , i nterested
citizens, and petitioners .
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Keaton moved, seconded by Commissioner Young that the
minutes of the 13 January 2003 Regular Planning Commission meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARING(S): REZONING 1100 North James from C-1 to C-2
Chairman Brannen opened the public hearing at approximately 7:04p.m.
Mr. Thomas Curry stated that he owned the property on James Street and
was in t he process of selling the property contingent on the rezoning.
He s tated that t he propos e d purchasers, Charles and Linda Dyson were
planning to open a tea room type of business.
Mrs. Linda Dyson stated that it would be a furniture accessory shop
and tea room.
With no one to speak in opposition, Chairman Brannen closed the public
hearing at approximately 7:06p.m.
Commissioner Young moved, seconded by Commissioner Keaton to recommend
the rezoning of 1100 James Street to the City Council. MOTION
CARRIED.
BUILDING PERMIT (S) : a. PRELIMINARY PLOT PLAN South Redmond Road &
Highland Drive.
Chairman Brannen noted that the item of business has been removed from
the agenda per the petitioner Mr. Jerry Smith.
b. PRELIMINARY PLOT PLAN Mini Warehouse Complex and Car Wash Hwy 161.
Petitioner Representative Mr. Tommy Bond corr ect ed tha t t he property
is located inside the City limits , adding that the property has been
annexed and zoned C-3 by Ordinan ce 1153 i n April 2001.
City Engineer Whisker stated that he would l ike for the property to be
platted with proper setbacks for C-3 zoned pr ope rty.
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Mr. Bond added that the
limits, and is not part
that owner anticipates
stated that the owner
appropriate setbacks.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 10, 2003
7:00 P.M. -7:51 P.M .
adj o i ning property is n ot located in the City
of t h e proposed development. He stated that
annexing that property in the future. He
has no objection to filing the plat with
City Engineer Whisker noted that the car wash would be located behind
the 50-foot setback.
Mr. Bond
property.
stated that he would return with a plot plan for
He then answered that the property has all utilities.
Commissioner Lester moved to approve the Preliminary Plot Plan.
the
In respons e to a question posed by Commiss i oner Young, Mr. Bond
related t hat the mater ial planned for construction of the car wash
would be asphalt with a concrete block structure. He stated that it
is his assumption that the owner would pave the road on the south edge
of the property during construction of the mini-warehouse, adding that
the area of the proposed car wash will not be paved until it is ready
for construction. He added that the p r ope rty will most likely be
platted as two tracts and will return to the Planning Commission with
a plot plan for the car wash.
Commissioner Young questioned what trea-cment is planned for the area
between the car wash and residential neighborhood adjacent to the
rear.
Owner Mr. David Rir.hardson offered that he would construct a privacy
fence between the two properties.
Commissioner Lester amended, seconded by Commissioner Young to approve
the Preliminary Plot Plan contingent that a privacy fence be
constructed between the car wash and the residential area.
I n response to a question posed by Commissioner Stroud, Mr. Richardson
r elate d that t he debr is p revious l y at the corner of the property has
almos t been cle aned up and i s being wo r ked on presently. Re n oted
t hat t he debris is actually on adj acent property l ocated i n the
County . It was n oted that the debris was mo s tly from an old barn that
had been torn down.
At this time, MOTION CARRIED .
REQUEST TO APPROVE PLAT(S): PRELIMINARY/FINAL PLAT Juanita Washington
Subdivision.
Petitioner Representative Mr. Duane Reel stated that Mrs. Washington
is platting the lot in order to obtain a building permit to repair her
fire damaged home. He stated that the preliminary and final plat
approval is being requested simultaneously because the utili ties are
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 10, 2003
7:00 P.M. -7:51 P.M.
in place. He went on to note that the curb, gutter and sidewalks have
been established. He clarified that earlier there was a waiver
request for a 30' building l i ne, adding that it has been changed to
35' showing the house as a non-conforming use until such time it were
to be torn down and a new structure built at the 35' building line.
City Engineer Whisker stated t hat the pr.opert y i s recta ngular i n shape
and is adjacent to a second piece of p roperty owned by Mrs.
Washington. He c l arified that i n or der t o const ruct the building,
Mrs. Wa shington needed t o rep lat the proper ty into one larg e tract.
He stated that the 35' building line would be in compliance with the
property's zoning if the house were torn down and a new structure was
established in its place.
City Attorney Bamburg noted that the bill of assurance would need to
be corrected to note a 35' front yard setback.
Commissioner Keaton moved, seconded by Commissioner Perry to approve
the Preliminary/Final Plat of Juanita Washington Subdivision at 213
Ray Road with a 35' front yard setback. MOTION CARRIED.
GENERAL: a. Request to Revise Agenda Format
Regarding the simultaneous submission of plats and building permit
requests, it was the general consensus of the Planning Commission to
place the item of "Request to Approve Plats" prior to "Building
Permits".
b. Draft Landscape Ordinance
Alderman Stroud commended the efforts of the Committee and City
Attorney Bamburg regarding the ordinance presented for recommendation
to City Council. He stated that the ordinance is not punitive, and
not as restrictive as Sherwood, Little Rock or North Little Rock. He
stated that developers and builders can continue much as they have,
adding that the only difference is that a permit will need to be
approved by the Planning Commission for clear-cutti ng . He explained
that the ordinance contains a variance provision rega rding the need to
clear-cut. He stated A~DC requested that industrial property be
clear-cut regarding devel opment, recognizing that there are instances
that require clear-cutting. He stated that in residential or
commercial development clear-cutting is not a good idea, adding that
most communities recognize that. He recommended the ordinance for
passage to t he City Council, saying that it is a good ordinance that
does not penalize builders or developers, but helps to improve
Jacksonville.
In response to a question posed by Commissioner Young, Alderman Stroud
stated that he felt most of the Council s upports a landscaping
ordinance, pointing out additional members of City Council in
attendance. He not ed one City Council member, Gary Fletcher who is a
builder and has supported a landscaping ordinance .
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 10, 2003
7:00 P.M. -7:51 P.M.
Alderman Fletcher related that he became interested in a landscaping
ordinance approximately five years ago when there was an increase in
commercial development at one time. He noted enormous amount of
clear-cutting regarding the development of the Timberwood Apartments,
Wal-Mart Supercenter, and on Redmond Road. He stated that his concern
is regarding commercial development, feeling that for the most part
residential will take care of itself. He stated that in his
experience as a builder, buyers do not want pine trees, pointing out
the hazards during the ice storm. He stated that he would have a
problem applying for a variance every time he wants to remove trees.
He referred Section 16.20. 041, questioning if the Code would require
all homeowners in the City to plant two trees on their property. He
stated that he feels such a requirement . would create a burden,
pointing out that some people are allergic.
Alderman Stroud stated that a person could come before the Commission
and be granted a variance to cut trees, adding that the requirement
would apply only to new construction. He stated that builders would
not be allowed to clear-cut the property and then come back and place
a tree, adding that if there are any good/decent looking trees the
ordinance tries to save them. He stated that it is a give and take
proposition.
Alderman Fletcher stated that he does not remove decent looking trees,
offering one reason being the expense regarding removal. He
questioned the inclusion of the requirement, if a variance is being
offered from that requirement, saying that it only adds to the red
tape that builders and developers have to cut through.
Alderman Stroud stated that not all builders are good builders like
Alderman Fletcher, which is the reason for the requirement.
Commissioner Lester stated that given some differences of opinion, he
suggested that the City Council and the Planning Commission conduct a
joint meeting to address any controversy.
Chamber of Commerce Director Bonita Rownd complimented the Landscape
Committee's efforts, noting evolution of the present draft from the
first draft. She added that she does share Alderman Stroud's
viewpoint, saying that the stipulation not to clear-cut makes the
ordinance very business unfriendly. She expressed concern for an
additional permit process being viewed as one more step onto a layer
of bureaucracy that is unnecessary. She stated that she believes most
builders will want to offe r a good product, knowing what sells. She
stated that she sees v ery few s ubdivision, commercial or manufac turing
developers who would not care how their development looks, knowing
that buyers are savvier in today's market. She supported other areas
of the ordinance, saying that this is the only issue she finds
difficult.
4
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 10, 2003
7:00 P.M. -7:51 P.M.
In response t o a question posed by Mr . J ay Huds on, City Attorney
Bambur g stated that t he ord inance is set up to addre ss l a ndscaping
iss ues r ega rding the c onst r u ction and developme nt of new subdivisions,
and will not affect existing residents or commercial business unless
there is a change in the use of the property.
Mr. Hudson then questioned if the City would be held to the same
requirements regarding development of City projects.
City Attorney Bamburg responded that the ordinance would apply to all
development of property.
Mr. Tommy Bond expressed that the ordinance infers additions costs to
developers, adding that it is not in his best interest to support an
ordinance that would cause him to increase costs to his clients . He
stated that there has been no real growth in the last 20-years , adding
that this issue is another layer of costs that will have to be
included in any new home . He stated that while it may not seem like a
lot of money, it will require a landscape p l an for every building
permit. He pointed out that a p lot plan cost a pproximatel y $150.00 to
$300.00, guess ing that a landscap i ng plan would cost approximately the
same. He then poi nted out that it would require another l q,yer of
planning review, adding that he is not sure the City has the proper
personnel to review landscaping. He stated that he has real concerns
regarding t he ordina nce, relating t hat curre ntly he is wo rking in
Little Rock and Maume lle, which i s a "nightmare" regarding
landscapi ng . He stated t hat t he Little Rock landscaping ordi nance
required every tree on the p roposed apartment site be located, adding
that there were over 500 t rees , which took five days of field work.
He went on to explain exhaustive measures to adhere to the ordinance,
explaining that these types of ordinances have far reaching effects.
He noted that part of the proposed ordinance for Jacksonville requires
that the City inspect to see that landscaping is maintained after
being established. He questioned two years after a residence has been
established, how do you differentiate between the house that is two
year's old and the one that is three year's and was not regulated
under the landscaping ordinance.
City Attorney Bamburg clarified that t here would be landscape design
plans on file in the City Engineer's office .
Mr. Bond pointed out that plots can be platted long before the house
is built. He related his desire for Jacksonville to be attractive and
believes it is headed in that direction, but also believes that such
measures should be market driven. He stated that homeowners will
plant trees without bei ng regul a ted. He pointed out the negative
aspect of trees regarding wind an d ice storms, noting that as trees
mature they become dangerous in storms. He added that trees can cause
road depressions by robbing the soil of moisture, as well as damage
the foundation of homes. He stated that evidence of this can be seen
on Loop Road regarding depressions and dips in the road.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 10, 2003
7:00 P.M. -7:51 P.M.
Alderman Stroud noted that people are resistant to change. He stated
that he is glad Mr. Bond pointed out difficulties regarding the Little
Rock ordinance, adding that that the proposed ordinance is
approximately 20% of what Little Rock requires. He stated that
builders from other cities are accustom to landscaping requirements.
He related that he was surprised that Bonita Rownd had concerns
regarding the ordinance and went on to say that without a written plan
it would be hard to progress. He announced that Jacksonville was
awarded the Arkansas Community of Excellence Award due in part to
numerous committees working to make Jacksonville better. He stated
that the Planning Commission has worked diligently to improve
Jacksonville, and that there are over one hundred people working on a
steering committee to create a separate school district. He stated
that while Jacksonville is looking better, progress cannot stop. He
stated that he did not want Jacksonville to look like Asher Avenue
regarding signs, and asphalt out to the street with no greenery. He
stated that he would not like to see developers or builders clear-cut,
adding that he would like to see progress as with any city. He stated
that the ordinance is not punitive and offers latitude, adding that
Jacksonville needs a written plan.
Mr. Jim Durham stated that he agrees that the ordinance may need to be
fine-tuned. He related that even though Cabot does not have a
landscaping ordinance, when he developed his shopping center in Cabot
he was asked to leave two large oak trees. He explained that he was
able to leave the trees, but going into the second year both trees
died and now it will costs approximately $850.00 to have them removed.
He then added that the City sent him a letter requesting he remove the
lrees or they would, because it was felt that the trees were creating
a hazard. He stated that he does not disagree that Jacksonville needs
some type of green ordinance, a requirement to put back greenery but
added that he does not have a problem with clear-cutting. He went on
to explain that he has a problem with builders who do not try to make
their development look nice with grass, shrubs or fresh trees. He
pointed out that he installed a $2,300. sprinkler system at the
shopping center he developed in Jacksonville to keep the tree he saved
and the grass alive. He reiterated that he does not disagree with
Alderman Stroud completely, but likes the idea that before the
ordinance is submitted to the City Council, there be a joint meeting
to discuss particulars.
Mrs. Rebecca Camp, a master gardener with the Master Gardener Program
and the wife of a local developer, stated that there are issues of
concern regarding the temporary certificate of occupancy proposed in
the ordinance. She stated that a lot of mortgage companies will not
issue a V.A. loan without a certificate of occupancy. She hypnotized
that if the weather is wet and a three-foot shrub as dictated by the
ordinance has to be planted, then the loan cannot be closed. She
stated that there are a lot of issues she feels that need to be
reconsidered.
6
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 10, 2003
7:00 P.M. -7:51 P.M.
Mr. Preston Robinson owner of Triangle Engineering stated that he was
told t hat his project ma y ha ve f ueled the creation of a l a n dscaping
ordi na n ce when he cleared 40-acre s on Redmond Ro ad . He expla i ned that
he i s not sure how h e could have accomplished his p roj ec·t without
clear-cutting, stating that he insta lled a 100 round f i re p rot ection
sprinkler system. He related that when he pu rchased Tr i angle
Engineering the area out front had t wo dozen pine trees , he asked if
under the ordinance would he have had to apply for a variance to
remove the trees. He stated that in his opinion the pine trees were a
real problem because they were hard to maintain, and t h at the grass
around the trees was equally hard to maintain. He stated that he
removed t he pi ne trees , p lanted Br adford Pear trees and installed a
spri nkler s ystem. He stated t hat he has a lso built a s hopping center,
noti ng that the area in front has gra s s and a sprin kler s ys tem as he
is do i n g on Redmond Road . He stated t hat he has a separate s p rinkler
system around e ach b u ilding to maintain green areas , adding t hat he
has done t hat on his own and does not wa nt to b e t old t o do t h is . He
stated that he be lieves developers who really care will properly
provide for green areas .
Chairman Brannen brought up the question of people who would not want
to establish green areas without being regulated to do so. He stated
that t h e ordinance ensures that everyone will do the proper
landscapi ng. He stated that the Commis s ion is aware that most
developers do not have to be regulated.
Mr. Robinson stated that the ordin ance should be fine-tuned, saying
that there needs to be something other than dictating what needs to be
done. He stated that he could plant grass at the Redmond Road
development, but that if he is going to be required to plant trees he
is not sure all the trees wo uld survive because of the ground
conditions regarding the amount of earth t ha t has bee n moved.
In response to a c omment posed by Chairman Br annen, Alderman Fletcher
stated that he believ es the r e is room for c omp r omise. He stated that
the St onewa ll Subdivision is a good model for greenery and
landsca ping . He stated that one of t he fir s t t hi ngs most homebu yers
do i s work in t hei r yard regar ding landscaping. He stated that his
original concern was t he i mp res sion from people drivi ng the freeway
when Wal-Mart was being developed, adding that Ma in Street is
unattractive because it wa s built during a "shopping center e r a " using
all black asph al t . He stat ed t hat it would help if t here were more
green areas downtown. He reiterated his concern that the free wa y is
the only impression some people get of Jacksonvill e . He stated that
in a case like Mr. Robinson's, s ome times you have to clear-cut and
then s tart over . He related t hat a v ariance regar ding tree-cutt i ng is
just c ompounding work for t he City. He add e d that a ne w City
inspector was hired when the clean-up Or d i n ance was passe d , adding
that t he pass age o f this or dinance might r equi r e hiring another
individual to address enforcement. He Stated that the ordinance has
7
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
FEBRUARY 10, 2003
7:00 P.M. -7:51 P.M.
grown from addressing just one problem, adding that he would like to
see if green areas in subdivisions would address the problem better
than making each individual person plant trees or be forced to apply
for a variance to remove a tree.
Mr. Tommy Dupree agreed that the ordinance needs to be reviewed by
both bodies, adding that from what he has heard there is too much
logical opposition to proceed. He stated that personally he loves
trees and that he does try to save trees in Northlake, but added that
it does not seem to be practical to save very many. He stated that
his house has a huge oak tree that he managed to save during
construction, but added that the ice storm broke limbs and killed part
of the tree. He stated that the tree will have to be removed before
the end of the year, which he estimated to costs quite a bit. He
stated that there are three other trees in his yard that will have to
come down, explaining that trees get old and die. He stated that if
he had his preference he would rather see young or medium size tre es.
Mr. Hudson questioned if there would be protection from the utilities
companies regarding the cutting of trees under power lines.
Alderman Stroud stated that the ordinance prohibits planting trees
under utility lines, which is the reason utility placement has to be
shown on the design plan.
Discussion ensued as to when the Planning Commission and City Council
could hold a joint meeting. Alderman Smith stated that he would speak
with Mayor Swaim regarding a time and date for the joint meeting.
Commissioner Lester moved, seconded by Commissioner Keaton to table
action regarding the proposed landscaping ordinance pending a joint
meeting of the City Council and Planning Commission. MOTION CARRIED.
ANNOUNCEMENT:
ADJOURNMENT:
Chairman Brannen without
approximately 7:51 p.m.
objection
8
adjourned the meeting at
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00P.M.
5. REQUEST TO APPROVE
AGENDA
MARCH 10, 2003
7:00P.M.
Regular Planning Commission
Meeting February 10, 2003
CONDITIONAL USE:
Religious facility in R-2 zone
501 South Spring Street
Petitioner: Immanuel Family Worship Center
PLAT(S): a. SKETCH PLAT Smith Development
General Samuels & Harris Road
Petitioner: Jerry Smith
Representative: Bond Engineering
(plat included in packet)
6. BUILDING PERMIT(S):
7. GENERAL:
ADJOURNMENT
b. PRELIMINARY & FINAL PLAT
Heard Addition on North First Street
Petitioner: Virgil Heard
Representative: R&K Services
(plats and B.O.A. included in packet)
c. PRELIMINARY & FINAL PLAT
Wayne Rogers Subdivision
Petitioner: Wayne Rogers
(plats included in packet)
DISCUSSION: Landscape Ordinance
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 10, 2003
7:00 P.M. -7:45 P.M.
OPENING REMARKS:
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Chad Young, Glen Keaton, Mark Stroud, Mark
Perry and William Montgomery answered ROLL CALL. Chairman Brannen
also answered ROLL CALL. PRESENT six (6), ABSENT (3)
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, Mr. Duane Reel, Mr. Jerry Smith, members of the press,
interested citizens, and petitioners.
APPROVAL AND/OR CORRECTION OF MINQTES:
Commissioner Perry moved, seconded by Commissioner Young that the
minutes of the 10 February 2003 Regular Planning Commission meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARING(S): CONDITIONAL USE at 501 South Spring Street
Chairman Brannen stated that the conditional use is for a religious
facility in an R-2 zone at 501 South Spring Street.
Chairman Brannen opened the public hearing at approximately 7:03p.m.
Mr. Ricky Allen, Founder and Pastor of the Immanuel Family Worship
Center at 501 South Spring Street, stated that the property consists
of 2.6 acres and that the request is to accommodate the construction
of a 3,000 square foot sanctuary. He stated that the Church plans to
continue developing the property into a family worship center/family
life center for non-profit religious purposes only.
In response to a question posed by Commissioner Stroud, Mr. Allen
stated that the property would only be used for worship, adding that
at the present time there are no plans for a daycare. He related that
the Church would convene Sunday Mornings 9:00 a.m. to 12:00 p.m. and
Wednesday evenings 7:00 to 8:00 p.m.
With no one to speak in opposition, Chairman Brannen closed the public
hearing at approximately 7:08 p.m.
City Engineer Whisker r elated t hat the property is located between
Chestnut to Walnut and Spring Stree t to Oak Street. He stated that
with the exception of 2. 5 lots the Church owns the entire block. He
clarified that the property is located one block south of the
Elementary School, mentioning that Front Street has been closed.
In response to a question posed by Commissioner Stroud, Mr.
stated that the Church is more Protestant than Evangelistic.
stated that by incorporation the Church is non-denominational,
that they are interdenominational and interracial.
1
Allen
He
adding
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 10, 2003
7:00 P.M. -7:45 P.M.
In response to a question posed by Commissioner Montgomery, Mr. Allen
stated that at this phase there are only plans for a sanctuary. He
added that future plans would be for a family life center with a
gymnasium.
Commissioner Stroud asked Mr. Allen to explain what is meant by
"family lifeu, asking if the later expansion into family life would be
outreaches into a school activities center.
Mr. Allen stated that it would be more of a recreational activities
center for the parishioners, adding that there are no plans for a
daycare or school.
Commissioner Stroud moved, seconded by Commissioner Young to approve
the conditional use of a religious facility at 501 South Spring Street
for the Immanuel Family Worship Center. MOTION CARRIED.
REQUEST TO APPROVE PLAT(S): a. SKETCH PLAT Smith Development
Representative Tommy Bond stated that the Sketch Plat would provide a
general idea of the direction of the proposed development . He pointed
out that the subdi vision would have 18 4 lots , a d ding that the
development would be comparable to the Fair Oaks Subdivision. He
stated that there have been some recommendations regarding change
directed from City Engineer Whisker. He stated that there would be no
lots facing General Samuels, and explained the intent to a:lign the
streets regarding lots 1-11 to be consistent with the layout of lots
12-27. He then answered that there would be no individual access onto
General Samuels.
In response to a question posed by Cha irman Brannen regardi ng open
recreational are as , Mr . Bond s t ated that t here could p ossibly be an
open area regarding a retention. basin . He a dded that year s ago the
Parks and Recreation Deparbnent decided that t hey did not want
individual subdivision parks, mentioning issues of maintenance.
In response to a question posed by Commissioner Perry, Mr. Bond stated
that only a small portion is located in the flood plain, He further
explained that the ditch in the Fair Oaks Subdivision enters the
property near Bushwood in the rear corner and runs parallel to lots
166 through 173. He further clarifi ed that it is his understanding
that the flood plain ends in the Fair Oaks Subdivision, adding that he
does not believe any of the lots proposed in the Smith Development are
located in the flood plain.
Chairman Brannen requested that if later any lots are determined to be
affected by the flood plan, that the flood plain designation status be
presented on subsequent plat submittals.
Mr. Bond agreed to have that issue resolved for the Preliminary Plat
presentation.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 10, 2003
7:00 P.M. 7:45 P.M.
Mr. Bond went on to say that the Sketch is being presented for input
from the Planning Commission regarding geometry.
City Engineer Whisker stated that regarding geometry suggestions he
would note discussion regarding the widening of Harris Road and
sidewalks on the outside of the subdivision. He stated that he had
also asked if the developer would consider making the lot near the
Bushwood area larger to be more in conformity with the adjacent
property. He pointed out that there are eleven lots compared to six
adjacent lots in the Bushwood area.
In response to a question posed by Chairman Brannen regarding the
establishment of flood elevations, City Engineer Whisker related that
the elevations would be established on the Preliminary Plat. He then
stated that he had reviewed with Mr. Bond that any entrances from
General Samuels should line up with the second entrance into the
Crooked Creek Subdivision.
In response to a question posed by Commissioner Montgomery, Mr. Bond
stated that the Smith Development is planned to have two entrances
from General Samuels and one from Harris Road.
In response to a question posed by Chairman Brannen, City Engineer
Whisker stated that the waterline has just been widened in the area
and that the sewer would have to be furnished through pump stations.
Mr. Bond stated that the sewer would temporarily work through pump
stations until City established the new pump line that is being
proposed to go west. He stated that the proposed new pump line would
eliminate the pump station on Main Street, the one at Spring Valley
Subdivision, at Tara Mount, and Pennpointe Subdivision.
City Engineer Whisker stated that Mr. Bond is referring to the West
Interceptor line proposed as a Capital Project Improvement by the
Sewer Department.
Mr. Bond related that the Sewer Commission is funding a portion of the
upsizing of a sewer line through the Fair Oaks Subdivision that would
serve this property.
City Engineer Whisker related that construction is proposed to begin
in two or three years.
City Attorney Bamburg clarified that construction start dates would
depend on billing collections.
City Engineer Whisker stated that the sewer improvement tax has a
sunset clause projected to end in 2008.
Mr. Bond stated that activities would be coordinated with the Sewer
Department regarding their approval.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 10, 2003
7:00 P.M. -7:45 P.M.
Commissioner Stroud lot 85 through 94 are 82' width everything else in
the Subdivision is 84'
City Engineer Whisker stated that the plan currently exceeds R-0,
which is 70' by 120', adding that because of the proximity to Bushwood
there has been expressions regarding larger lot sizes closer to the
Bushwood Subdivision.
Commissioner Young questioned if garden homes were planned for lots 12
through 27, noting the smaller size of 108' regarding lots adjacent to
General Samuels.
Mr. Bond stated that he was not aware of any significant reason.
Mr. Jerry Smith stated that the size was incorrect, stating that there
would be an adjustment on the plat.
Mr. Bond noted that there would be some changes regarding the
topography adding that the geometry would r emain approximately the
same. He noted that there is a gas line easement along the lots that
would require them to be larger.
City Eng ineer Whisker commented that the plan was viable, pointing out
the t h ree entrances into 180 lots with entrances to line up with
Crooked Creek. He stated that there is retention for different areas.
He stated that Parks and Recreation would need to be consulted
regarding a recreational area.
Chairman Brannen noted that given the large size of the subdivrsion he
would like to see some kind of recreation area.
City Engineer Whisker stated that typically the Parks and Recreation
Department consider nearby Schools as area recreation. It was noted
that Tolleson Elementary and Pulaski High School are in close
proximity to the Subdivision. He stated that he would feel that the
most important aspect would be sidewalks to connect to those areas.
Commissioner Keaton moved, seconded by Commissioner Montgomery to
approve the Sketch Plat of the Smith Development Subdivision at
General Samuels and Harris Road stipulating the alignment of entrances
with Crooked Creek Subdivision. MOTION CARRIED.
b. PRELIMINARY/FINAL PLAT Heard Addition on North First Street
Mr. Virgil Heard repres ented, s aying that the property is family
property that is b e ing divide d among family members. He stated that
he is proposing to build a home on Lot 1, and that there are no
current plans regarding the other lots.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 10, 2003
7:00 P.M. -7:45 P.M.
City Engineer Whisker stated that when Mr. Heard had requested a
building permit he was directed to plat the property through the
Planning Commission. He mentioned future interest from other family
members to build later. He stated that the family would own the six
lots. He related that the property is along North First Street and
backs up to the Little Rock Air Force Base. He stated that regarding
the plat he would require that iron pins be set and notice regarding a
dedicated waterway easement in the area between lots 1 and 2. He
stated that Mr. Heard has requested a sidewalk waiver because the
property is only being subdivided to build one home currently,
pointing out that the property is not being subdivided for profit.
He stated that his understanding is that the Planning Commission would
be the body to recommend to the City Council a sidewalk waiver.
In response to a question posed by Chairman Brannen, City Engineer
Whisker related that the property is a 200' wide strip located on the
west side of North First Street.
Commissioner Stroud commented that if sidewalks were waived for the
construction of one home, they would need to be added if additional
homes were planned. He noted that the east side of North First is not
conducive for sidewalk development because of the slope on the
shoulder of the road.
City Attorney Bamburg clarified that the current Ordinance requires
sidewalks, adding that waivers or variances could be directed, as the
Planning Commission deems appropriate in recommendation form to the
City Council. He stated that the City Council has the authority to
accept, amend or deny any recommendations from the Planning
Commission.
In response to a question posed by Commissioner Keaton, Mr. Heard
stated that the Little Rock Air Force Base owns the property south of
the Lawnmower Shop. He stated that his family owns the property
between that and where the proposed property is located. It was noted
that the horse stables adjacent to North First is owned by the Little
Rock Air Force Base.
Discussion regarding exact property location ensued and it was noted
that the property it located directly across from where the previous
old Toneyville Mercantile building was. It was noted that the
property extends from the wooded area adjacent to the Mattingly
property continuing north to the open lot with a white house. It was
noted that there are two adjacent tracts belonging to the family, and
that there would be no residential development along North First to
Maddox Road regarding the horse stables.
Commissioner Young moved, seconded by Commissioner Perry to Approve
the Preliminary Plat of the Heard Addition as presented with a waiver
of sidewalks recommendation to the City Council. MOTION CARRIED.
5
CITY OF JACKSONVILLE , ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 10, 2003
7:00 P.M. -7:45 P.M.
City Engineer Whisker requested that iron pins be set and located on
the final plat and a granted easement extending from Little Rock Air
Force Base to North First Street between lots 1 and 2.
Commissioner Perry moved, seconded by Commissioner Young to approve
the Final Plat of the Heard Addition stipulating that iron pins be set
and located on the Final Plat, a recorded drainage easement extending
NE from the Little Rock Air Force Base to North First Street and a
recommended waiver regarding sidewalks. MOTION CARRIED.
c. PRELIMINARY/FINAL PLAT Wayne Rogers Subdivision
Mr. Bond distributed an amended final plat, he explained that Mr.
Rogers has built two duplexes that face Herrington Road and is
proposing to construct a third duplex at the intersection of
Herrington and Republican Roads. He stated that it is a County
Subdivision within the J a cksonville planning jurisdiction.
City Engineer Whisker related that Mr. Rogers has complied with all
County regulations and the North Little Rock Health Inspector. He
stated that sinc.e the s ubdivision is located at two major County roads
he would norma l l y request sidewalks, adding that County p l anners did
not seem to be very interested. He explained the location of the
property, adding that the City has no foreseen plans to annex the
area. He related tha t his onl y request would be to .comply with any
County request regard ing a second s ewer line from lot 5 through the
field lines.
Mr. Bond related that the duplexes are not for sale, pointing out that
Mr. Rogers is constructing them for rental property.
City Engineer Whi sker stated that the p etitioner is requesting
Preliminary Plat approval of all five lots and final plat approval
regarding lot 3 to begin construction.
It was clarified that Mr. Rogers has already constructed duplexes on
lots 1 and 2.
City Engineer Whisker concurred, saying that it was an original
agreement Mr. Rogers had with Pulaski County and the City that if he
developed the property further he would come before the Jacksonville
Planning Commission to do so.
Commissioner Keaton moved, seconded by Commissioner Perry to Approve
the Preliminary Plat of the Wayne Rogers Subdivision with a
recommendation to waive the requirement of sidewalks. MOTION CARRIED.
Commissioner Montgomery moved, seconded by Commissioner Keaton to
approve the Final Plat of Wayne Rogers Subdivision Lot 3 with a
recommendation to waive the requirement of sidewalks. MOTION CARRIED.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MARCH 10, 2003
7:00 P.M. -7:45 P.M.
GENERAL: DISCUSSION regarding Landscape Ordinance formation.
City Engineer Whisker related that given the wide range of views
expressed at the joint Planning Corrunission and City Council meeting he
has supplied a surve y to all memben; o[ each body to help with the
direction of the landscape ordinance currently being considered.
Commissioner Perry moved, seconded by Commissioner Young
discussion until the survey is completed and complied.
CARRIED.
ANNOUNCEMENT:
ADJOURNMENT:
to table
MOTION
Chairman Brannen without
approximately 7:45p.m.
objection adjourned the meeting at
Secretary
7
j
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00P.M.
5. REQUEST TO APPROVE
PLAT(S):
6. BUILDING PERMIT(S):
7. GENERAL:
AGENDA
APRIL 14, 2003
7:00P.M.
Regular Planning Commission
Meeting March 10, 2003
a. REZONING of 131 Valentine Road
from R-0 to R-7
b.
a.
Petitioner: W .A. Mitchell
NPDES Storm Water Ph II
(City Engineer Whisker)
SKETCH PLAT Forest Oak Subdivision
(formally submitted as Smith Development)
Petitioner: Mr. Jerry Smith
Representative: Bond Engineering
(Plat included in packet)
In-house Approved Re-Piat
presented by City Engineer Whisker
b. DISCUSSION: Landscape Ordinance
Minutes of Joint Planning Commission
and City Council meeting.
(included in packet)
c. PROPOSED MIXED USE
Presented by City Engineer Whisker
d. ADDITION TO AGENDA:
Tower Use Permit
1111 James Street
ADJOURNMENT
ANNOUNCEMENT: The Sign Committee will meet follow the
Planning Commission Meeting.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 14, 2003
7:00 P.M. -8:03 P.M.
OPENING REMARKS:
Acting Chairman Lester opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Chad
Mark Stroud, and William Montgomery answered
Chairman Lester also answered ROLL CALL and
PRESENT six (6) , ABSENT (3) .
Young, Lester Piggee,
ROLL CALL. Acting
declared a quorum.
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, Mrs. Emma Knight, Aldermen Howard, Alderman Smith, Alderman
Stroud, Mr. Tommy Dupree, Mrs. Lucille Pate, members of the press,
interested citizens, and petitioners.
A.PPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Montgomery moved, seconded by Commissioner Young that the
minutes of the 10 March 2003 Regular Planning Commission meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARING(S): a. REZONING of 131 Valentine Road from R-0 to R-7
Acting Chairman Lester opened the public hearing at approximately 7:03
p.m.
Petitioner Representative Mrs. Emma Knight of Real Estate Central
stated that she is representing the seller. She then introduced Mrs.
Lucille Pate as the representative for the buyer. She related that
the property has been listed for a long time with several prospects,
adding that no one interested in the property has wanted to build a
house. She stated that a large ditch intersects the property with
growth on both sides. She related that the offer to purchase is
subject to the buyers being allowed to place a mobile home on the
large side of the lot. She explained that one side of the ditch is
64' and the other side has 124' between the property line and the
ditch.
Buyer Representative Mrs. Lucille Pate of Bart Gray Realty stated that
the buyer contends that the area for placement of the mobile home
would enhance the property. He stated that the buyers are a young
couple wanting to purchase the property for a home.
In response to a question posed by Commissioner Dollar, Mrs. Pate
answered that there is already a mobile home park across the street
from the property.
Acting Chairman Lester invited opposition to the rezoning to speak.
Mr. Donald Thomas stated that he is the adjacent property owner,
adding that single-family surrounds the property and that a new
housing addition is planned to the rear of the property. He stated
that he did not feel anyone in the neighborhood would want a "house
trailer" in the area, feeling that it would lower property values.
1
J
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 14, 2003
7:00 P.M. -8:03 P.M.
He stated that he did not feel that the request is feasible given t hat
the property is single-family development.
Commissioner Stroud clarified with Mr. Thomas that that side of
Valentine where the r ezoning is proposed is only residential site-
buil t homes. Mr. Thomas then answered that the property was never
considered for mobile home development, adding that his grandfather
owned the property previously. He stated that the property was sold
to the trailer park who then sold back to the originally owner, who
sold the property again but kept the portion in question. He stated
that the property has since been sold several more times. It was
noted that the trailer park does not own the property.
In response to a question posed by Commissioner Young, Mr. Thomas
noted that there are four houses in the location and that he has two
acres adjacent to his property, noting a new housing addition being
developed by Mr. Tommy Dupree .
In response to a question posed by Commissioner Piggee, Mr. Thomas
estimated that the site built homes in the area are valued at thirty
to forty thousand, some b ein g rental property. He then e s timated that
his home is valued at eighty to ninety thousand. He added that he
felt the new subdivision would also be valued at approximately eighty
to ninety thousand. He then answered that there are no manufactured
homes on that side of Valentine Road. He reiterated that he did, not
feel anyone in the neighborhood would want a "trailer" on that side of
the street because of lowering property values. He stated that he
would not complain about a site built home.
Commissioner Young mentioned the Commission's feeling regarding spot
zoning, noting the diversity of use t hat can occur.
In response to a question posed by Commissioner Montgomery, Mr. Thomas
answered that he owns site built rental property adjacent to his home.
Mr. Tommy Dupree representing the Estate of Grace Phelps Dupree,
stated that the property adjacent on the west side belongs to the
Estate. He s t ated that be has b een in the process of having the
property devel oped for single-family housing. He n oted that City
Engineer Whisker has given approval for the layout with condi t ions for
additional drainage pipe and sidewalks. He stated that he would be
opposed to spot zoning that would allow a mobile home. He then stated
that if he is able to proceed with the s ubdivision he might be
interested in purchasing the property being p roposed for rezoning.
With no one else to speak for or against the rezoning, Acting Chairman
Lester closed the public hearing at approximately 7:15p.m.
In response to a quest ion posed by Commi ssioner Piggee , City Engineer
Whisker related t hat the trailer p ark in the ar ea is t he Hallelujah
Trailer Park off Valentine Road on the oppos i te s ide of t h e street .
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 14, 2003
7:00 P.M. -8:03 P.M.
He then noted the street adjacent to Hallelujah Trailer Park, pointing
out that there are no trailers located directly across the street from
the proposed area or on the same side of the street. He noted the
abundance of vacant land zoned R-0. He stated that the plan for the
subdivision began in the late 90's as the last subdivision in the area
for single-family housing. He stated that he usually prefers to have
a natural barrier of either a road or railroad track, mentioning the
last similar rezoning occurring behind Foxwood Subdivision.
Commissioner Stroud moved, seconded by Commissioner Dollar to deny the
request to rezone property located at 131 Valentine Road from R-0 to
R-7. MOTION CARRIED.
b. NPDES Storm Water Phase II
Acting Chairman Lester opened the public hearing at approximately 7:16
p.m.
City Engineer Whisker related that Phase II of the Storm Water Act was
enacted March 10, 2003. He stated that requirements of Phase II
involve education; awareness and outreach to the public regarding
keeping storm water clean. He mentioned requirements of keeping dirt
out of the gutters, especially at construction sites by using silt
fencing and hay bails to promote clean water run-off. He explained
that land water run-off eventually ends up in the water streams. He
mentioned hazards regarding disposal of motor oil on the ground and
fertilizer. He stated that the restrictions regarding subdivision
development would tighten, adding that instead of requirements only
affecting five-acre tracts, those requirements are now being applied
to one-acre developments. He mentioned visible requirements being
established at Lowe's. He related that there are stricter controls
being administered by ADEQ (Arkansas Department of Environmental
Quality), explaining that there is a form established for all cities
in the area. He stated that Jacksonville is waiting for the form to
sign. He stated that Little Rock has their own program in place,
explaining that they were the only city in Arkansas that was under the
Phase I stage of the Storm Water Act and are meeting all their
requirements as of 2000. He stated that Jacksonville already complies
with most of the requirements, pointing out that it is a matter of
documenting and informing ADEQ of activities already in place such as
street sweeping and informing developers of requirements.
In response to a question posed by Acting Chairman Lester, City
Engineer Whisker explained the purpose of silt fencing and the
maintenance requirements as establish under ADEQ regulations. He
answered that Phase II went into effect March lOth and that the City of
Jacksonville had included its letter of intent with many other cities
and is waiting for specifics to be forwarded for ADEQ. He stated that
the public hearing is one of the requirements. He then noted that
compliance with ADEQ is established by Ordinance under Storm Water
Management in 1999.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 14, 2003
7:00 P.M. -8:03 P.M.
He mentioned other methods that may require keeping dirt out of the
storm water and clarified that the Ordinance addressing the Erosion
Control Plan is a major part of the ADEQ requirements.
With no one else expressing a desire to speak, Acting Chairman Lester
closed the public hearing at approximately 7:21 p.m.
REQUEST TO APPROVE PLAT(S): SKETCH PLAT for Forest Oak Subdivision
City Engineer Whisker explained that Mr. Bond had called and has been
unavoidably detained.
DE~ATION IN AGENDA:
GENERAL: a. In-house Approved Replat by City Engineer Whisker
City Engineer Whisker stated that he had approved a Replat of six lots
in the County off Jacksonville Cut-Off Road. He noted that the
subdivision had water and other utilities.
b . Proposed Mixed Use Presented by City Engineer Whisker
City En gineer Whisker r ela ted that the City in 1977 created a 25-year
plan, which would require an update in 2002 . He stated that efforts
have been ongoing to create the next 25-year plan, adding that part of
the plan is to have a mixed-use zone for commercial and residential.
He explained that currently the City does not have a zone that would
allow for a mixed use of those uses. He stated that the zone would
also allow for townhouse/apartment type developments in the same ;area
as smaller businesses. He noted that Little Rock provides for .·this
type of development. He demonstrated the area chosen by the City and
Metroplan, noting that it is mostly centralized in the downtown area
of Jacksonville. He stated that he hopes to return with an ordinance
for the next regularly scheduled Planning Commission meeting in May
for review.
Commissioner Young questioned if there would be a provision for
hotel/motel mixed with commercial, mixed with residential regarding a
variety of uses that come together.
City Engineer Whisker stated that such a provision could be
implemented if directed by the Commission for inclusion in the mixed
use.
Commissioner Dollar supported the proposal for a mixed-use zone, but
expressed concern for including duplexes and quadplexes because of the
lack of height given to this type of development. She explained that
generally the idea of a downtown area presents more a vertical image.
City Engineer Whisker stated that those types of developments were
included mainly because they already exists in some of the areas,
mentioning Mulberry Place and an area behind the Texaco Station on
Main Street. He r equested i nput for the ordinance being presented
next month. He s tated that mixed zoning would be incorporat.ed into
the Land Use Plan and the 25-year plan.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 14, 2003
7:00 P.M. -8:03 P.M.
TUP Tower Use Permit Request I 1111 James Street
City Engineer Whisker asked that the Commission consider
information regarding a request for a tower use permit.
that the item would not require a formal decision tonight.
additional
He related
It was the general consensus of the Commission to allow Mr. Chris
Villines to present additional information.
Mr. Villines related that previously the Commission had requested
additional information regarding a letter from the LRAFB and
relocating the site further from the west property line. He stated
that he has obtained the letter necessary from the LRAFB and has
relocated the design closer to the convenience store. He stated that
he has also research any means for co-location, he related that
through structural analysis he discovered that the tower at Gwatney
Chevrolet is designed for only one carrier. He stated additional
research was conducted regarding their RF signature as it would be
from other co-locations and has maps regarding that data. He stated
that he would like to be able to tell the Commission that they would
be able to Co-locate, but that he has to push forward with the current
site and request. He presented the Commissioners with additional
information packets to be addressed at the next regularly scheduled
Planning Commission meeting. He compared costs regarding construction
of a new site as opposed to co-locating, and mentioned that the chosen
site is zoned commercial, which makes it a logical choice.
Commissioner Pigc;;ree moved, seconded b¥; Commissioner Montgomery to
place the item of business on the May 12 h Regularly Scheduled Planning
Commission Meeting. MOTION CARRIED.
RESUME AGENDA:
REQUEST TO APPROVE PLAT(S): SKETCH PLAT for Forest Oak Subdivision
Mr. Bond stated that the Sketch Plat being presented addresses
modifications previously requested, he pointed out that culdesacs were
designed into the subdivision and lot dimensions were modified as well
as lots originally designed to face General Samuels. He stated that
there would not be any lots having individual access unto General
Samuels.
City Engineer Whisker stated that he is satisfied with the
modifications, pointing out that the only other item requested is that
the two proposed streets on General Samuels line up with any street
that would occur on the north end coming from the Crooked Creek
Subdivision.
Mr. Bond stated that he did not feel that would be a problem.
City Engineer Whisker noted that there were four
instead of through streets. He stated that the
conducive to an enclosed neighborhood without being a
traffic seeking to move from Harris to General Samuels.
5
culdesacs added
subdivision is
cut through for
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 14, 2003
7:00 P.M. -8:03 P.M.
Mr. Bond stated that emergency vehicles would have three points of
ingress or egress.
In response to a question posed by Commissioner Dollar r e garding
property located in the 100-year floodway, Mr. Bond stated that he
believes the property is in zone A, which is an undefin ed pr one area.
He noted that the actual 100-year floo dway stops s hort of the
subdivision. He then responded that he did not be lieve the
subdivision would flood, explaining that the houses will be placed on
higher ground.
City Engineer Whisker stated that FEMA flood plain rules regarding
zone A, stating that if the subdivision is more than five acres the
developer must do a study to bring the floodway under control.
Mr. Bond stated that flooding is not anticipated to be a problem.
City Engineer Whisker pointed out that the area in question is the
lower right hand corner regarding lots 81 through 86.
Mr. Bond stated that the area is anticipated to be a retention area
and not housing lots.
In response to a question posed by Acting Chairman Lester, Mr. Bond
related that the subdivision abuts Fair Oaks, but does not have any
actual physical connection for vehicles.
City Engineer Whisker noted that lots 84 through 93 would abut Fair
Oaks with lots 8 3 through 7 6 and 7 4 through 65 abutting Bushwood
Estates.
Commissioner Dollar moved, seconded by Commissioner Young to Approve
the Sketch Plat of Forest Oak Subdivision. MOTION CARRIED.
c. DISCUSSION of Landscaping OrdinaLnce
City Engineer Whi s ker r eviewe d the result of the questionnaire he had
requested previously. He related that the poll revealed that most
people were in favor of the green ordinance, pointing out that he had
fifteen responses from nineteen issues. He stated that most responses
favored screening for existing and new dump sters and t hat the green
ordinance was f avored not necessarily i n r e sidenti a l b ut more commonly
in comme r cial zones inclu ding a partment s , mobile home pa rks and
industrial . He t hen stated t h at responses fa vored green area s around
parking lots regarding new construction. He stated that some
responses indicated they were unsure about trees around buildings. He
added that clear-cutting was most favored regarding industrial because
of i ts site size and t hat t he most pop ul ar answer regarding updating
existing l andscaping indicated it shoul d occur only under a change of
usage concerning greenery i n t h e par king a rea.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 14, 2003
7:00 P.M. -8:03 P.M.
City Engineer Whisker clarified to Commissioner Stroud that mostly
under residential clear-cutting was not favored, but was almost fifty-
fifty regarding commercial and industrial zones. He related that
specific types of greenery were not recommended but a designated
dollar a.mount or percentage of the building permit cost to allow for
greenery with certain guidelines with approval from the Planning
Commission was favored. He stated that he believes people were
looking for a simpler ordinance without too much legislation regarding
specifics.
Landscaping Committee Chairman Bob Stroud related that he was somewhat
surprised regarding the controversy of the proposed landscaping
ordinance; pointing out that most cities the size of Jacksonville has
a landscaping ordinance. He voiced concern regarding large areas of
asphal ted parking lots, adding the need to plan for a landscaping
ordinance. He complimented City Attorney Bamburg regarding the draft
landscaping ordinance. He stated that he would like to see the
ordinance include residential, pointing out the possibility of using a
percentage basis for residential. He supported the ordinance.
In response to a question posed by Commissioner Mark Stroud, Alderman
Bob Stroud stated that the issue to remove residential was not firmly
decided.
Commissioner Stroud questioned the viability of beginning again with
the first draft ordinance (including residential) and then consider a
percentage plan as recommended by Mr. Bond.
Commissioner Young suggested that efforts to redraft the ordinance
should begin with the survey results and then add consideration for
the percentage basis plan. He stated that the original version could
be used as a language guide, but added the need to simplify.
Commissioner Stroud questioned if the survey feedback regarding
residential might have come in differently if it were not based off
the structured idea and its restrictive nature versus a percentage
basis that is now being proposed.
Discussion ensued regarding a meeting opportunity to hear the
percentage plan and consider survey results in the meanwhile.
City Attorney Bamburg stated that it appeared to him that the Joint
Meeting rejected the proposed draft ordinance that came out of the
committee, adding that at that point he would think the ordinance
would need to be returned to the landscaping committee for further
consideration before being resubmitted to the Planning Commission and
then onto the City Council for final approval.
Alderman Stroud stated that the committee would be willing to review
the percentage basis plan from Mr. Bond. He then noted that screening
of dumpsters is usually addressed in most landscaping ordinances.
7
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
APRIL 14, 2003
7:00 P.M. -8:03 P.M.
He stated that he was glad that everyone agreed on the importance of
screening dumpsters. He stated that the Landscaping Committee would
schedule a meeting.
Mr. Bond offered that residential requirements should be more
flexible, not requiring a fixed number of trees, shrubs, buffer or
setback. He explained that he f e els every site or development may
require flexibility to deal with the individual elements of that
particular situation. He stated that a more flexible plan would be
better received by the developers making a better working situation.
He reminded the Commission that any ordinance adopted could be amended
as changes dictate. He stated that it is his understanding that the
City of Fayetteville has never gr anted a comp l ete approval without
waivers, adding that part of the reason is because the ordinance is so
restrictive it makes it hard too meet all the standards at some sites.
He stated that he felt it would be easy to quantify percentage costs,
adding that he feels a sliding scale based on estimated cost of
construction would better address landscaping needs per site including
residential. He noted that residential developers sod the lawn and by
the time the house is a year old there have been a few trees planted.
He stated that a simpler ordinance would be easier to interpret and
enforce, noting that it could be updated or amended as changes
require.
ANNOUNCEMENT: The Sign Committee will meet following the Planning
Commission meeting.
ADJOURNMENT:
Chairman Brannen without
approximately 8:03p.m.
Respectfully,
Secretary
objection
8
adjourned the meeting at
JACKSONVILLE PLANNING COMMISSION
AGENDA
MAY 12, 2003 -7:00P.M.
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. REQUEST TO APPROVE
Regular Planning Commission
Meeting April14, 2003
CONDITIONAL USE:
101 North Elm Street
Daycare Facility
Petitioner: Evangelistic Church
PLAT(S): a. PRELIMINARY PLAT
6. BUILDING PERMIT(S):
7. GENERAL:
ADJOURNMENT
Forest Oaks Subdivision PH I
Lots 93 -126 excluding 108 -113
Petitioner: Mr. Jerry Smith
Rep: Bond Engineering
(Plat included in packet)
b. PRELIMINARY PLA.T
Heritage Park Subdivision
Petitioner: Mr. Ted Camp
Rep: Bond Engineering
(Plat included in packet)
a.
b.
c.
SITE PLAN Tower Use Permit
1111 James Street
Petitioner: T-Mobile USA, Inc.
(info. distributed at previous mtg.)
SITE PLAN Walgreens Pharmacy
819 Main Street
Petitioner: BCD Ventures, Inc.
Rep: Bond Engineering
(Preliminary site plan in packet)
METES & BOUNDS:
2620 W. Main
Petitioner: New Hope Apostolic
(Plot Plan included in packet)
Mixed Use Ordinance
(avail. at mtg.)
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 12, 2003
7:00 P.M. -8:03 P.M.
Chairman Brannen opened the me eting at approximately 7:00 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester,
Lester Piggee, Mark Stroud, Mark Perry, and William Montgomery
answered ROLL CALL. Chairman Brannen also answered ROLL CALL and
declared a quorum. PRESENT seven (7), ABSENT (2).
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, Alderman Smith, Alderman Stroud, members of the press,
interested citizens, and petitioners.
APPROVAL AND /OR CORRECTION OF M.INUTES:
Commissioner Lester moved, seconded by Commissioner Perry that the
minutes of the 14 April 2003 Regular Planning Commission meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARING(S): CONDITIONAL USE 101
Facility Petitioner: Evangelistic Church
North Elm Street/Daycare
Chairman Brannen opened the public hearing at approximately 7:01 p.m.
Pastor Bollen related that the Church has operated a daycare for
approximately three years, but recently found out that the zoning was
not compatible with that use.
Chairman Brannen closed the public hearing at approximately 7:02 p.m.
City Engineer Whisker clari fied that the Church property is zoned R-1,
adding that the Jacksonville Municipal Code allows for residential
homes to be used as a daycare with stipulations, adding that the code
allows for conditional use for daycare in a commercial bui lding.
In response to a question posed by Commissioner Stroud, Pastor Bollen
related that the daycare is licensed and state inspected. He stated
that the daycare has been in operation for three years and they just
found out that the zoning would require a conditional use.
City Engineer Whisker r elated t hat the State is requiring that
daycares provide proof of proper zon ing or p ermission from the City to
operate a daycare in a certain zone. He stat ed that zoning letters
are being issued to the local daycare facilities , adding that when the
City approved the daycare for operation there was an oversight
regarding the proper zoning.
In response to a question posed by Commissioner Stroud, Pastor Bollen
stated that the daycare is a non-profit operation.
Commissioner Lester moved, seconded by Commission Young to approve the
Conditional Use of a Daycare Facility at 101 North Elm Street. MOTION
CARRIED.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 12, 2003
7:00 P.M. -8:03 P.M.
REQUEST TO APPROVE PLAT (S) : a. PRELMINARY PLAT Forest Oaks
Subdivision PH I Petitioner: Mr. Jerry Smith
Representative Mr. Tommy Bond noted that the Sketch Plat was before
the Commission in March, adding that presently this Preliminary Plat
presentation is Lhe first phase regarding 28 lots along Ilarris Road.
He stated that the developer plans to widen Harris Road and construct
a sidewalk along Harris Road and the entrance street. He related that
the Water and Sewer Departments have been supplied plans, adding that
plans for sewer are based on the Wastewater Department implementation
of the new outfall service line to replace the pump station. He
stated that it is his understanding the line would be operational in
one to two years. He added that based on the Wastewater Department's
future plans and the capacity of the pump station his does not feel
there are any problems.
Chairman Brannen noted that the Plat shows 25' front yard setbacks.
Mr. Bond reminded the Commission that six months earlier he had
presented the concept of changing the required 35' residential setback
to 25' as a matter of cost savings. He stated that Commissioner
Stroud has expressed some interested in the concept.
Chairman Brannen stated that a change in setback would have to be
approved by the City Council by ordinance.
Mr. Bond stated that a 35' setback would not impact the lot size if a
25' setback is not granted. He stated that the main issue is the
increased cost to construct the house.
Chairman Brannen stated that a 25' setback could not be granted until
it was approved by the City Council.
City Engineer Whisker stated that Harris Road would need to be widened
18' back of the curb with a 5' sidewalk and a 3' buffer between the
sidewalk and curb. He addressed sewer issues, saying that he believes
all parties are agreeable, with the exception of the Sewer Commission
who has not voted yet to approve. He went on to say that the
Wastewater Administration has reviewed the plans and his understanding
is that they were agreeable. He stated that there was cause for
concern but the Wastewater Department was not concerned to the point
where they felt the project needed to be stopped.
Mr. Bond added that the
additional phases until
started.
Sewer Commission
construction on
would probably not allow
the interceptor line is
In response to a question from Commissioner Lester, Mr. Bond agreed
that the subdivision would tie into Fair Oaks regarding sewer. He
added that the Wastewater Department funded the difference to upsize
the line through Fair Oaks from an 8" to a 10" when the subdivision
developed with the concept that it would tie into this area.
2
j
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 12, 2003
7:00 P.M. -8:03 P.M.
City Engineer Whisker clarified that there is a pump station at the
corner of Jessica Court and West Main near Fair Oaks PH II, adding
that the pump station is nearing capacity with the addition of 28 lots
in PH I of Forest Oaks. He stated that the Wastewater Department is
constructing a west interceptor line also known as a gravity line,
explaining that the line will replace the pump station and provide
equal service to all lots without problem. He noted that the west
interceptor line is approximately one year away from construction,
adding that they do not feel that the 28 lots will be built quickly
enough to feed the pump station before it is turned off. He then
pointed out that there is also a peak error factor involved, which
make the calculations four times greater regarding the factor safety.
It was noted that the Sewer Commission would be meeting at the end of
the week.
In response to a question posed by Chairman Brannen, City Engineer
Whisker stated that none of the lots in PH I are in the flood zone.
Mr. Bond stated that there is a zone A that is undefined, adding that
it does not have an elevation on the plat and is not in the area of
the houses, although it may affect the back lot line. He stated that
zone A would be addressed during the next phase of the subdivision.
City Engineer Whisker noted that zone A is located in the southeast
corner.
Mr. Bond than answered that his estimate would be that the subdivision
would have three to four phases over the next five to ten years.
Chairman Brannen responded to clarify that the R-1 zone
setback, adding that only R-lA has a 25' setback
Jacksonville Municipal Code.
carries a 35'
according to
Commissioner Stroud asked that the Commission consider recommending
legislation granting 25' setbacks as an advantage for lots of a larger
size regarding larger homes in upscale neighborhoods.
Chairman Brannen noted that Forest Oaks is in close vicinity to other
subdivisions that have a 35' setback on Harris and General Samuels.
Commissioner Stroud suggested that the homes that would front Harris
Road be kept at 35' setback and allow the homes inside the subdivision
to carry a 25' setback. He then noted that if the 25' setback is used
inside the subdivision the discrepancy would not be visible from the
outside of the subdivision.
Chairman Brannen stated that he felt the ordinance would need to be
amended to allow for the 25' setback throughout the subdivision.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 12, 2003
7:00 P.M. -8:03 P.M.
In response to a question posed by Commissioner Perry, City Engineer
Whisker stated that he is not sure exactly what standard setbacks are
used in surrounding cities. He recalled that Mr. Bond had mentioned
that Cabot has changed to a 25' setback.
Mr. Bond stated that many of the cities use a 25' setback, adding that
Jacksonville has for many years had a 35' setback.
City Engineer Whisker offered to check with the Cities of Sherwood,
North Little Rock and Little Rock regarding setbacks.
Mr. Bond stated that the largest impact is on the homebuilder and the
price to the homebuyer. He explained that the ten-foot difference in
the setback is not going to change the lot depth by much, adding that
it is seldom that a lot is less than 120' to 150' deep. He stated
that the extra ten feet equates to as much as $3,000 in the final cost
of a home.
Discussion ensued and Mr. Bond noted that the Commission had granted
exceptions from the 35' setback in culdesacs over the years.
Chairman Brannen reiterated that he is not opposed to the amendment,
adding that it would have to be recommended by the Planning Commission
to the City Council for adoption by ordinance to provide for
consistency regarding development in Jacksonville.
Commission Stroud stated that he felt a 25' setback would be
comfortable in a subdivision with wider lots, adding that this would
offer an incentive for devP.l.opP.rs to create subdivisions with wider
lots. He noted that any lots facing the outside of the subdivision in
the vicinity of another 35' setback subdivision would also carry a 35'
setback. He stated that he felt the ordinance should address lot::;
facing 35' setback subdivision as being stipulated to be 35' at the
perimeter. He stated that he felt the ordinance would offer an
incentive regarding new development offering a more up scaled
subdivision.
Cormnissioner Young moved, seconded by Cormnissioner Dollar to approve
the Preliminary Plat of Forest Oaks Subdivision w/cormnents recormnended
from City Engineer Whisker to widen Harris Road by 18 feet, keeping
setbacks at 35' until an ordinance is passed by the City Council
regarding 25' front yard setback considerations. MOTION CARRIED.
b. PRELIMINARY PLAT Heritage Park Subdivision
Representative Mr. Bond stated the subdivision was located north of
Graham Road on the east side, adding that there are 21 lots proposed.
He stated that City Engineer Whisker has requested 10-foot of right-
of-way off lot 21, adding that he feels that can be worked with a
special dispensation on the side yard setback. He explained that the
current width of the lot is 70 foot. He then noted that none of the
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 12, 2003
7:00 P.M. -8:03 P.M.
lots are located in the floodplain, adding that the storm drainage has
been worked out. He then noted that the developer is going to build a
12-foot wide lane adjacent to t he exi s t i ng road. He noted t hat Loop
Road was b uilt on t he north and east s i de o f t he right-of-way to
accommodate the c oncept t hat e ven t ually Lo op Road would be widened to
four lanes. He stated that the street proposed would be an access
lane off of the main thoroughfare.
City Engineer Whisker stated that he had discussed with Mr. Bond the
installation of two streetlights, providing a 40' right-of-way on
Graham, and sidewalks on Graham and Loop Road. He then added that the
proposed subdivision is not in the City limits, but that with
Commiss i on approval he is a s king t he developer to annex i nto t he City.
He stated that be h ad al so discuss ed drivewa y sharing on Loop Road
with Mr . Bond, making s ure t hat t here is a safe transition a t the
north end of Loop Road back i nto t he nor th b o und l ane of Loop Road.
It was t h en note d by b oth Ci t y Engineer Whi sker a nd City At torney
Bamburg that t he d eveloper would need to submi t a pla n to have the
subdivision zoned other than R-0 when annexed, which would have to
accepted by the City Council. City Engineer Whisker also noted that
61-foot lots would fit guidelines for the R-1 zone.
Discussion ensued regarding the standard of the proposed 12' lane, as
being 11' .
Commissioner Stroud questioned the feasibility of a rear access into
the subdivision with the houses still facing Loop Road. He clarified
that the service road or alley would be behind the houses to provide
rear access, diverting access from Loop Road.
Mr. Bond stated that one difficulty may be visitors to the residences,
pointing out that typica lly an alley is 10 to 12' wide. He stated
that rear parking on the lane to the rear of the house would be
impossible because it would be an active lane.
City Engineer Wh i s ker suggested that if a rear access were devel op e d a
10' s houlder could be constructed in the front of the residences to
accommodate visitor parking.
Mr. Bond pointed out the proposed front access l a n e would not be an
active lane u sed for travel north and south. He added that if both a
rear alley and a front parking lane were constructed it would
significantly increase costs.
Discussion further ensued regarding the development of only the rear
access and no front parking lane for available visitor parking.
Commissioner Stroud suggested that residences with lots of visitors
could build an extra driveway to accommodate visitor parking.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 12, 2003
7:0p P.M. -8:03 P.M.
Mr. Bond asked that the Commission bear in mind that the subdivision
is planned as an entry-level homes, clarifying that the homes would be
similar to Jordan Acres with an average cost of $75,000.00. He noted
that Jordan Acres has been a successful development and stated that
there has been a great demand for entry-level homes. He added that he
is not sure of the acceptance of a rear alley entrance to homes.
Commissioner Stroud stated that his concern as a Planning Commissioner
would be that there are already homes with direct access to Loop Road,
pointing out his concern regarding the addition of 21 more homes to a
busy thoroughfare. He stated that if the alley is created it may
deter problems later.
Commissioner Dollar noted that the development could be designed with
rear access and still be attractive and economical.
City Engineer Whisker asked that the Commission allow him to research
alleys, pointing out that over time alleys tend to end up with
dumpsters, trash cans, electric l i nes, etc. He stated that he is
aware of problems from the City's standpoint associated with
maintenance and sanitation retrieval. He then noted that the lane
would be 12' with a 10' lane on Loop Road maki ng 22' or two 11' lanes.
He then noted that he did not feel the overhead electric lines in
Jordan Acres is attractive for the neighborhood, adding that he
understands that it is cheaper compared to costs to dig lines and lay
plastic for underground electric. He mentioned problems with trees
growing into power lines . He then related t hat if the zoning is
changed to R-1, he would suggest having undergrou nd power lines. He
added that damage from the ice storm supports underground power lines
as the best solution.
Commissioner Piggee moved, seconded by Commissioner Perry to approve
the Preliminary Plat of the Heritage Park Subdivision, stipulating a
40' right-of-way on Graham Road, sidewalks on Graham and Loop Road, a
minimum of two streetlights, underground power lines, access tied from
street back into Loop Road in a correct engineering manner, annexation
before Final Plat w/ plan for R-1 zoning.
Discussion ensued regarding the requested stipulation of underground
power lines, Mr . Bond offered that the lots could be serviced from
power poles placed at the rear of the subdivision, adding that the
lots are 190' deep.
At this time, MOTION CARRIED.
BUILDING PERMIT CS ): a. SITE PLAN Tower Use Permit/111 James Street
Chairman Brannen noted that the Tower Use Permit has been removed from
the agenda per the request of the petitioner.
6
J
CIT~ OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
MAY 12, 2003
7:00 P.M. -8:0~ P.M.
b. PRELIMINARY SITE PLAN Walgreens Pharmacy/819 Main Street
Representative Mr. Tommy Bond noted that details of the plan would b e
forthcoming in later plans, explaining that the developer wanted to
submit a preliminary site plan regarding approval of the proposed
accesses to the site. He related that the service station and the
Goodyear store on Main Street is the proposed site for Walgreens. He
stated that his understanding is that a portion of the Abdin property
adjacent will be transferred to Mr. Daugherty to become a portion of
the Walgreen's property.
City Engineer Whisker stated that the entrances are proposed to be as
far as possible from the intersection on Main and Dupree. He noted
that the entrance on Dupree has a double drive at the south end of the
building to service a drive thru window. He stated that his only
concern regarding land lines would be a possible lot split that he has
not yet identified, leaving a gap between the south end of Walgreens
property and an alley that runs parallel to the south line back
through the block to Warren Street. He added that he felt those
concerns would be addressed during the preliminary plot presentation.
Mr. Bond stated that the property is part of the old West Jacksonville
Subdivision, adding that he believes the corner of the property was
once part of an out tract in the old subdivision.
City Engineer Whisker noted that the property has been split many
times in various ways.
Commissioner Stroud questioned if there was a planned buffer regarding
greenery between Walgreens and the tobacco store.
Mr. Bond noted a dimension of 36' from the adjacent lot.
City Engineer Whisker noted that the distance between the Goodyear
store and the adjacent lot to be 4'.
In response to a question posed by Commissioner Stroud, Mr. Bond
stated that he felt part of the plan would include greenery, but
explained that to accommodate a proper radius the exit would have to
be on Walgreen's property and not the adjoining property.
City Engineer Whisker stated that the City would want 40' of right-of-
way along Main Street on the south side.
Discussion ensued regarding consideration for green space along Dupree
Drive and Main Street . Other considerations were mentioned regarding
trees and problems with the overhead power lines.
Commissioner Young moved, seconded by Commissioner Piggee to approve
the Preliminary Site Plan as submitted with recommendations for
consideration for green spaces. MOTION CARRIED.
7
OITY OF JACkSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSIO~ MEETING
MAY ~2; 2003
7:00 P.M. -9i03 PoM.
c. METES & BOUNDS New ~ope Apostolio Chureh/2620 West Main
Mr. Jerry Strickland related that the Church is proposing to construct
a 50' X 70 1 metal building addi .. tion. onto the .existing building.
City Engineer Whisker 19tated that the New Hops Apostolic Church had
received a 1 1 side yard variande fro~ the aoard of Adjustment; adding
that because it is a rnste~ and bountl~ legal description the building
permit would have to be approved by the Planning Commission. He
noted that Captain Pope has not yet approved the plan, asking that the
~otion reflect that consideration,
In respdn~e to a questioh posad by Cl::)!rtrr\iesioner Stroud, Mr. Strickland
answered that the proposed addl tion wouitl extend 50' north and 70'
toward the west• He stated that future plene include a new sanctuary
that will extend toward Main Street. He then answered that the
proposed addition would have a rake roof artd stated that consideration
for proper dtaina~e would be acldraased.
City Engineer Whisker reque$t6ld 4b' of right""Of .... way ~djacemt to Main
Street.
Commissioner Perry tnoved, seconded by Commissioner Dollar to approve
the building permit for 2620 West Main Street stipulating a 40' right-
of-way on Main Street with firial approval from City Engineer Whisker
and Fire Marshall Pope. MOTION CARRIED.
GENERAL: Mixed Use Ordinance
Chairman Brannen announced that the mixed-use
rescheduled for the nsKt r~gularly soheauiad
rn.eetihg in June.
AmfOUNCEMEN'r:
ADJOURNMENT:
ordinance would be
Planning Commission
Chairman Brannen without objection adjourned the meeting at
approximately 8:03 p.m.
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. REQUEST TO APPROVE
PLAT(S): a.
6. BUILDING PERMIT(S):
7. GENERAL: a.
b.
c.
ADJOURNMENT
AGENDA
JUNE 9, 2003
7:00P.M.
Regular Planning Commission
Meeting May 12, 2003
FINAL PLAT Wayne Rogers Duplex Subdivision
Arrington Road-North Pulaski County
Petitioner: Mr. Wayne Rogers
Representative Bond Engineering
(Plat included in packet)
REVISED SITE PLAN Walgreen
Representative Bond Engineering
(Plat included in packet)
Mixed Use Ordinance
(avail. at meeting)
DISCUSSION: Proposal for 25' Front
Yard Setback for R-1 zoning.
; G 1 ~?eq~;.:.q
DISCUSSION: Landscaping Ordinance
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 9, 2003
7:00 P.M. -7:50 P.M.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester,
Glen Keaton, Lester Piggee, Mark Stroud, and William Montgomery
answered ROLL CALL. Chairman Brannen also answered ROLL CALL and
declared a quorum. PRESENT eight (8) , ABSENT (1) .
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, Aldermen Smith, and Stroud, members of the press, interested
citizens, and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Piggee moved, seconded by Commissioner Dollar that the
minutes of the 12 May 2003 Regular Planning Commission meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARING(S):
REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Wayne Rogers Duplex
Subdivision
Mr. Wayne Rogers stated that he is requesting final plat approval for
lots 4 and 5 in order to construct duplexes.
City Engineer Whisker related that the property is located in the
County on Republic Road. He stated that Mr. Rogers has three existing
duplexes and is platting the remainder of the property to construct
two additional duplexes on lots 4 and 5 as rental properties. He
stated that Mr. Rogers is further requesting a waiver regarding
sidewalks, explaining that the City is not planning to annex the
property. It was noted that property located in the County does not
carry a specified zoning.
In response to a question posed by Commissioner Dollar, City Engineer
Whisker explained that that the waiver for sidewalks is a result of
the property being outside the City limits, adding that the City has
no plans to annex the property.
Commissioner Lester moved, seconded by Commissioner Young to approve
the Final Plat of the Wayne Rogers Subdivision, granting a waiver
regarding sidewalks. MOTION CARRIED.
BUILDlNG PERM T S : a. REVISEO 1i E" p!JU{ Wa green main rEtE!
Rep.resentr.rtive Mr . Tommy Rnnd wr~s rlP.l ilYJ?.il. Tt.P.rn of Q1Js5 ness was
delayed pending Mr. Bond's arrival.
DEVIATION IN AGENDA:
GENERAL: a. Mixed Use Ordinance was delayed until next regularly
scheduled Planning Commission meeting.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 9, 2003
7:00 P.M. -7:50 P.M.
b. DISCUSSION Proposal for 25' Front Yard setback for R-1 zoning
Commissioner Stroud suggested that a 25' setback versus a 35' s e tback
be of fered t o encourage devel oper s to plan subdivisions with a wider
lot widt h, s uggesting a n avera ge of 83-feet. He noted that
surrounding municip a l i ties ha ve s horter front yard setbacks, adding
that he does not fee l t he 2 5' setback shou ld be extended to exterior
lots that may adjoin other subdivisions with a 35' setback. He stated
that it should only be extended to lots on interior streets of new
subdivisions. He further suggested that rat her than implement the
interior streets 25' setbac k t h rough an ordinance , it could be granted
through the Planning Commi ssion.
Commissioner Dollar expressed support for a 25' setback regarding
interior streets.
In response t o a question p o sed by Commissioner Dollar, Commissioner
Stroud s t a ted t hat t he sugges ted 8 3-foot would b e the average widt h of
all lots proposed within the subdivi sion. He added that an average
would all ow f o r cul desac l ots of a l e sser width. Be st ated that the
83-foot average is debatable , saying that it wa s j us t a number to
fact or narrower and wi der lots within the s ame subdivision.
Discussion ensued as to the Planning Commission being the body to
address the setback variance regarding interior streets . Comm issioner
Stroud related that the provision is being offered to encourage new
developers to plan wi d e r lot subdivisions, adding that he feels it
would be an advantage to not only new developers but also local
developers.
In response to a question posed by Commissioner Lester, Commissioner
Stroud stated that the intent for offering a shorter._ setback is to
encourage rather than dictate builders to proactively make wider lots.
He related that it would not initially help the developer, but would
help the builder; adding that in the long run it may help developers
sell lots quicker.
Discussion ensued regarding the current ability for a petitioner to
seek a setback va r iance f rom the Board of Adjus tment. City Engineer
Whisker r emind ed the Commi ssion that the Crooked Creek Subdivision was
proposed with a 25' front yard setback in the preliminary plat and
that at the time it was the advice of the City Attorney that the
developer apply for a dimensional variance from the Board of
Adjustment . He added t ha t he has researched setbacks regarding
surrounding cities and that Cabot and other cities have adopted the
25' setback. He stated t ha t those c ities a lso use a 25' s etback on
both sides of street frontage regarding corner lots, which he stated
to be a benefit.
Mr. Tommy Bond stated that generally it is not the developer that
receives any benefit from a shorter setback, but pointed out that the
builder would because of a shorter driveway and sidewalk. He added
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 9, 2003
7:00 P.M. -7:50 P.M.
that then a distance of 10' shortens every utility service so that
cumulatively it would save approximately 2, 000 to 3, 000 dollars per
home. He pointed out that not only does a shorter setback save the
builder; it saves the homebuyer.
Commissioner Young noted that the shorter setback would provide for
more lots.
Mr. Bond agreed, saying
Jacksonville competitive,
in Jacksonville.
that he feels it would make the City of
and help make builders want to build houses
Commissioner Montgomery questioned builders concern for allowing a 25'
setback if the current ordinance is fixed at 35' .
Mr. Bond stated that he did not feel that would be an issue, adding
that the bill of assurance would take precedence over the City setback
if it were greater than City Code.
Mr. Bond then noted that all development in Jacksonville has carried a
35' setback for the past 40 years, saying that Mr. T.P. White had felt
strongly that the community would look better with a 35'setback.
Commissioner Stroud stated that the 35' setback had served the City
well, adding that he had spoken with Mr. White regarding setbacks. He
stated that after pointing out issues in today' s competitive market,
Mr. White felt it would be a good idea probably to reduce it. He
related that he believes the Commission is very cognate in forward
thinking, and that the authority would rest well with the Planninq
Commission; allowing designers the knowledge that the Planning
Commission has the ability to grant a 25' setback.
Chairman Brannen stated that his recommendation would be to leave the
setback Ordinance as is and let the variance process take care of the
25' setbacks on interior lots.
Mr. Bond pointed out that any impact on the overall development plan
should be presented at the sketch plat stage, clarifying that the
sketch plat could be submitted along with a variance request. He
added that the difference being that if theoretically you could
shorten the lot depth from 120' to 110' and still have a 25' rear
yard.
City Engineer Whisker stated that the lot depth ~n11ld not be shortened
because of zoning requirements that set the lot size of 70' by 120'.
Discussion ensued and City Engineer Whisker stated
the largest and that the next is 60' X 100'.
changing the front yard setback would not shorten
would reduce the front-end costs of building.
3
that 70' X 120' is
It was noted that
the lot depth but
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 9' 2003
7:00 P.M. -7:50 P.M.
It was the general consensus of the Planning Commission to bring the
item back for further discussion when City Attorney Bamburg can be
present regarding legal aspects.
City Engineer Whisker stated that in keeping with Commissioner
Stroud's thoughts to encourage wider lots, a 25' setback could be
offered contingent upon the square unit being larger than 80' X 140'
as an example. He went on to say that would prevent petitioners from
having to apply to the Board of Adjustment each time, clarifying that
there would be a finite amount of square footage per lot that allows
for a 25' front yard setback.
Commissioner Stroud stated that City Engineer Whisker's recommendation
would be best to have written within the framework of an ordinance.
He asked City Engineer Whisker to meet with Mr. Bond and draft a
framework with that ideal.
City Engineer Whisker related that the Commission
approve whatever size lot is being encouraged by
setback, or use a home square footage required
assurance as a minimum.
would need
granting a
in the bill
to
25'
of
Commissioner Dollar stated that she could support an interior street
lot of 70' X 120' having a 25' setback.
City Engineer Whisker stated that he was working off the premise of
encouraging large lots, adding that currently City Code does not allow
a 25' setback on a 70' X 120' lot. He related that Cabot, Sherwood
North Little Rock, and Little Rock do not seem to have a problem with
it.
It was the consensus of the Commission to suspend discussion until the
next regularly scheduled Planning Commission meeting.
RESUME AGENDA:
BUILDING PERMIT(S): Revised Site Plan for Walgreen Pharmacy
Mr. Bond related that requests suggested by the Commission were
forwarded to Walgreen's developer a month ago, and the present plan is
being submitted. He pointed out that Walgreen's developers did not
feel that it would be safe to have a 25' throat so they narrowed the
landscaping area from 25' to 20' to widen the throat to 30'. He then
pointed out that the landscape area was increased in the front of the
building and an extra 5' of right-of-way was provided on Main Street.
He noted that the revised site plan has a larger l andscape area, which
required that the building be shifted and rotated slightly to the
south on the lot fot a better configuration. He then added that the
change in configuration decreased the amount of parking spaces from 72
to 60, adding that they are now 12 spaces under City Code parking
requirements. He related that with a dxive-thru window, he did not
feel there would be an issue regarding parking.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 9, 2003
7:00 P.M. -7:50 P.M.
Discussion ensued regarding other suggestions for parking design and
landscaping forwarded from the Planning Commission, and it was the
consensus of the Planning Commission to accept the present plan being
submitted.
City Engineer Whisker requested that Walgreen furnish a preliminary
and a final plat granting the City rights-of-way, adding that the site
plan meets all code requirements with the exception of parking spaces.
It was noted that Walgreen would need to seek a variance from the
Board of Adjustment regarding parking space requirements.
Discussion ensued regarding re-suggesting a previous parking design
that would also contain 60 spaces and Chairman Brannen voice objection
to further changes in the site plan. He pointed out that monies set
aside for the project were already into play along with other funds
that were brought in to secure the project.
City Engineer Whisker related that his understanding is that Walgreens
has not yet purchased the property.
Commissioner Dollar moved, seconded by Commissioner Piggee to approve
the Preliminary Site Plan as presented, stipulating that prior to
issuance of a building permit the property will be preliminary and
final platted and a variance for parking. MOTION CARRIED.
c. DISCUSSION Landscape Ordinance
Alderman Stroud related that Mr. Bond had proposed a sliding scale for
zones R-0 through R-1A, explaining that it would require landscaping
based on the estimated costs of the building permit. He pointed out
that there had been controversy over the R-0 through R-1A at the
previous joint meeting with the City Council and Planning Conuni::;sion.
Discussion ensued regarding removal of R-0 through R-lA from the
landscaping ordinance. Alderman Stroud pointed out that the new
dollar store on Trickey is a good example of why the Planning
Commission needs a landscaping ordinance. He noted that a landscaping
ordinance would also require commercial property owners to maintain
their property. He related that Jacksonville is the only city of its
size that does not have a landscaping ordinance. He went on to
mention that many have a "tree ordinance", adding that the first
requirement to a tree ordinance is to have a landscaping ordinance.
He stated t.hnt. h~ had learned on the Iulel'ue L !lldny cities in the state
of Arkansas have a tree ordinance, which means they also have a
landscaping ordinance. He reviewed the following cities and their
population as having a tree ordinance Adona 187, Bentonville 19,730,
Etowah 366, Eureka Springs 2,200, Fayetteville 52,000, Fordyce 4,779,
Hot Springs 35,000, Keiser 805, Marvell 1,395, Mount Vernon 144,
Mountain 2,876, Nashville 4,848, North Little Rock 60,433, Rogers
38,829, and Wooster 616.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 9, 2003
7:00 P.M. -7:50 P.M.
He related that Hot Springs conducted a survey and discovered that
they had several million dollars worth of trees. He stated that all
the aforementioned cities realized the importance of maintaining green
areas. He summarized saying that the draft ordinance could be
recommended as written, changed to remove R-0 through R-lA or have R-0
through R-lA written on a sliding scale. He commended the City
Attorney's draft ordinance, saying that it is a good start needed by
the Planning Commission.
It was noted that the draft ordinance is the same as presented at the
joint meeting, it was suggested that R-0 through R-lA be removed or
changed to a sliding scale.
Mr. Bond agreed that if the residential were removed it would address
any previously expressed controversy.
Commissioner Young stated that he felt a sliding scale offers
flexibility and suggested working on a percentage for the sliding
scale. He stated that a sliding scale would simplify the process. He
suggested that 3% of the overall construction costs be reserved for
landscaping.
Factors regarding inclusion of a residential sliding scale were
discussed and it was generally considered that residential should be
removed from the draft ordinance.
Discussion ensued regarding recommendations
commercial and residential property. It
residential development occurred next to a
than it is likely the development would
construction.
for screening between
was noted that if a
commercial establishment
perform the screening
Chairman Brannen suggested that R-0 through R-lA be removed and that
an ordinance be drafted for City Council approval; he further
suggested that a percentage scale be drafted for commercial only.
Commissioner Stroud suggested defining the percentage regarding the
commercial sliding scale.
Commissioner Young
between a minimum
construction costs.
offered that
and maximum
a typical
of 1 to
landscape
3 percent
job
of
is usually
the total
Mr. Bond suggested a sliding scale for the estimated cost of
construction regarding the minimum to maximum percentage, pointing out
that 3% of a large commercial development may be an unreasonable
amount. He offered that as the construction costs increases the
percentage should decrease.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JUNE 9, 2003
7:00 P.M. -7:50 P.M.
Alderman Stroud suggested 3% for the first $100,000, 2% for cost
ranging from $100,000 to $500,000 and 1% for $500,000 plus.
Alderman Stroud offered to meet with City Attorney Bamburg regarding a
commercial sliding scale and the exclusion of residential. He
mentioned the need to screen commercial loading docks and trash bins.
Chairman Brannen noted that landscaping options could be stipulated
through the Planning Commission.
Mr. Bond noted that some cities do not consider a buffer or barrier as
counting toward landscaping percentages.
City Engineer Whisker offered that the ordinance should specifically
state the inclusion of apartments, dupelexes and manufactured housing
parks and the exclusion of all houses which are R-0, through R-1A plus
R-4 (zero lotline), R-5 (modular housing), and R-6 (mobile home
individual lot).
Consensus of the Planning
and Alderman Stroud meet
landscaping ordinance for
Commission meeting.
ANNOUNCEMENT:
ADJOURNMENT:
Chairman Brannen without
approximately 7:50 p.m.
Respectfully,
Commission was that City Engineer Whisker
with City Attorney Bamburg to draft a
presentation at the next regular Planning
objection adjourned the meeting at
Secretary
7
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00P.M.
5. REQUEST TO APPROVE
t>LAI(S}:
6. BUILDING PERMIT(S):
7. GENERAL:
ADJOURNMENT
a.
b.
c.
d.
a.
b.
AGENDA
JULY 14, 2003
7:00P.M.
Regular Planning Commission
Meeting June 9, 2003
CONDITIONAL USE as a Recreational
facility of 10.71 acres adjacent to Dupree
Park
Petitioner: Thunder Road Grand Prix
PRELMINARY/FINAL PLAT: Bridgefield
Estates Phase II Petitioner: Mr. Lundy Colvert
Representative: Bond Engineering
(plat included in packet)
FINAL PLAT: Northlake Subdivision Phase IX
Petitioner: Mr. Tommy Dupree
Representative: Bond Engineering
(plat & development history included in packet)
FINAL PLAT: Crooked Creek Subdivision PH I
Petitioner: Mr. Glynn Underwood
Representative: Bond Engineering
(plat & development history included in packet)
FINAL PLAT: Cunningham Subdivision
Petitioner: Mr. Dave Cunningham
(plat included in packet)
Landscape Ordinance
(draft included in packet)
DISCUSSION: Proposal for 25' Front
Yard Setback for R-1 zoning
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
Vice Chairman Perry opened the meeting at approximately 7:08 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Chad Young, Bobby Lester, Glen Keaton, Mark
Stroud, and William Montgomery answered ROLL CALL. Vice Chairman Perry
also answered ROLL CALL and declared a quorum. PRESENT six (6),
ABSENT (3).
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 Young moved, seconded by Commissioner Keaton that the
minutes of the 9 June 2003 Regular Planning Commission meeting be
APPROVED with a correction on page four regarding a reference to
Lowe's changed to read Walgreens. MOTION CARRIED.
PUBLIC HEARING(S): CONDITIONAL USE as a Recreational facility of 10.71
acres adjacent to Dupree Park
Vice Chairman Perry opened the public hearing at approximately 7:10
p.m.
Mr. Jim Reid of 5631 Commerce Court related that he is requesting a
conditional use permit for l 0 acres adjacent to Dupree Park for a
recreational facility. He stated that he has owned a similar facility
in Sherwood for approximately fourteen (14) years, adding that
previously he owned one in Batesville and two in Benton. He stated
that he wanted to make the Commission AwAr~ of his extended experience
regarding other recreational facilities he has owned. He explained
that the landowner, who has helped financially, approached him
regarding development of the property for a recreational facility. He
stated that he has not observed any other family-orientated facilities
in Jacksonville; adding that he plans to offer discounts for the
military. He stated that his plans are to develop a 30-foot wide
track 1271 linear feet, a $200,000 dollar miniature golf course, and
an $80,000 dollar batting cage. He stated that the go-cart track
would consist of approximately 18 go-carts; 5 doubles for the
children, and 13 singles with an approximate value of $260,000. He
said he felt it would be a great asset to the City of Jacksonville not
only in providing a family oriented business but also in bringing tax
dollars. He added that he estimates approximately $300,000 to
$400,000 annually, which may decrease slightly as time goes by.
Vice Chairman Perry invited comments in favor or in opposition to the
request, hearing none, Vice Chairman Perry closed the public hearing
at approximately 7:14 p.m.
In response to a question posed by Commissioner Montgomery, City
Engineer Whisker answered that a portion of the proposed area is in
the flood plain.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
He explained t hat the property is located north of the lake and
bounded by the f reeway going up to the incoming road of Dupree Park.
Discussion ensued regarding access to the property; City Engineer
Whisker related that that currently there is no road access to the
property. He stated that the property owner and the City has not come
to an agreement regarding access. He related that the property fronts
onto the freeway, explaining that access from the freeway is
controlled. He pointed out that the property does not have an avenue
for access except through Dupree Park. He added that it is his
understanding that at one time the property owner tried to gain an
access agreement from the City, but as yet there has not been one .
Commissioner Stroud noted that the only plausible access through
Dupree Park would be the main access, which is a public City access.
In response to a question posed by Commissioner Stroud, Mr. Reid
answered that regarding concession he only plans to offer soft drinks
not hotdogs or hamburgers. He added that he does plans to have a
party pavilion to accommodate birthday parties.
Commissioner Stroud noted that there is a $1.00 entry fee to the Park
during ball games, questioning how that would work for patrons
planning to go to the go-cart course instead of the ball fields .. :
Mr. Reid pointed out that there is a gated r oad that is not currently
being used that would be a perfect access. He stated that he was
hoping to obtain that access or wo rk out some other acces s.
Commissione r Stroud mentioned concerns
fee ve rsus free entry if patrons are
track.
for patrons paying the, entry
visiting the p ropo s ed go-cart
Mr. Reid stated that he hoped monies the City would collect regarding
sales tax wou l d off-set uncol lected park fees, p ointing out the
benefit of bringing a family oriented business to Jacksonville. He
stated that he believes his establishment would go hand in hand with
current op erations of the Park. He then addresse-d f l ood plain
concerns , s t ating t hat the three a cres above t he f l ood pla in is where
he proposes t o construct his building. Be a dded tha t the track is
concrete and metal so there would not be a problem.
Alderman Stroud mentioned concerns regarding conces s i ons , expl a ining
that Park and Recreation Commission has an agreement wi t h Pepsi. He
noted that the softball/baseball venues are the biggest contributors
back to the Parks and Recreation, adding his concern regarding a
retail entity in direct concessions competition with the Softball,
Baseball and Soccer Associations. He stated that concessions are one
of the main funding mechanisms to support those programs.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
Mr. Reid stated that he would like to offer concessions, but does not
care whether the City of Jacksonville or he offers it. He explained
that there is not much profit in concessions because he pays .87 per
coke, which he sells for a $1. 00. He stated that if concessions are
the only concern pending approval, concessions are not a problem.
Vice Chairman Perry offered that Mr. Reid could offer Pepsi products
regarding concessions, noting that otherwise patrons would have to
walk across to the baseball field, adding that there are a lot of
times during the year that the baseball field would not be open. He
stated that he believes issues can be resolved.
Commissioner Stroud introduced concerns regarding traffic into the
Park during baseball season from 5:30 p.m. to 8:00 p.m., pointing out
that traffic is literally lined up to the main Highway. He then
reiterated that he is still having trouble overcoming the entry fee
dilemma and the delay to find out which patrons are going to what
venue regarding charge of the entry fee. He stated that it would
create more congestion in that particular area, pointing out that such
concerns were address previously regarding safety issues.
Mr. Reid stated that he is not sure exactly where the easement was
offered previous, but believes it is next to where the road is now.
City Engineer Whisker noted from Planning Conunission minutes in 1996,
regarding a previous same use request for the property that the owner
was asked to arrange with the Parks and Recreation Commission an
agreement regarding refreshments and access. He went on to say that
his understanding is that the offer for an easement was strictly along
the outside of the apartments located easterly from the freeway. He
explained that it as a 20 or 30 feet easement going directing behind
the apartments all Lhe wdy down to the freeway then left going
parallel to the freeway into the property. He stated that any sort of
conditional use permit granted should be contingent upon an access
agreement with the City.
Mr. Reid stated that no matter where the access is granted he believes
the same concerns previously mentioned by Commissioner Stroud would
still exist. He stated that access difficulty is a major deal breaker
for him, pointing out the tremendous costs to develop an access going
all the way around to gain access to the property.
Commissioner Stroud reiterated concerns for differentiating patron
charges regarding different venues; traffic congestion and the time it
will take for patrons to explain what venue they are visiting. He
suggested that the item be tabled in lieu of developing a more
agreeable access plan. He suggested that Mr. Reid might be able to
refund a $1.00 to his customers for paying the Park entry fee.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
Mr. Reid stated that he feels the sales tax collected should outweigh
any revenues lost from the front gate. He addressed safety issues
saying that he did not feel there would be a greater safety factor.
Commissioner Stroud reiterated safety concerns regarding congestion of
increased traffic.
Discussion ensued regarding access options and parking options.
Mr. Reid offered to construct the parking lot behind his facility,
which would deter patrons from using his parking lot if they are going
to the ball fields. He stated that he is willing to be flexible,
adding that he needs to get the conditional use and then the easement
can be examined.
Discussion ensued regarding actions of the Planning Commission in 1996
regarding the property. City Engineer Whisker clarified that the item
was tabled and the petitioner went to the Parks and Recreation
Commission to gain access before being granted a conditional use
permit.
Commissioner Stroud stated that he would be in
item for 30 days pending further consideration.
not feel it to be prudent to grant a conditional
on other considerations.
favor of tabling the
He stated that he did
use permit contingent
Mr. Reid stated that the reason he began this process early, regarding
opening in March of next year, is because he has plans for his old go-
cart tracks. He expressed that there was a lot of preparation work
regarding financing and plans. He stated that he would like to get
the conditional use and then work access out with the Parks and
Recreation, adding that he would like them to know that he is coming
with the approval of the Planning Commission.
Commissioner Stroud related that he feels traffic implications should
be examined more closely before granting the conditional use.
In response to a question posed by Chairman Perry, Mr. Reid related
that his lease for the track in Sherwood expires December 31st and he
is in the process of renegotiating. He went on to say that he was
under the impression that the lease would not be renewed, adding that
even if he does keep the track open in Sherwood he would still put the
miniature golf and batting gages in. He explained he can be self
supporting with both, adding that it is obvious he would not want to
put in a go-cart track when he has one paid for, making money in
Sherwood.
In response to a question posed by Commissioner Stroud, Mr. Reid
related that the business is seasonal and is usually open from
sometime in February to sometime in November.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
In response to a question posed by Commissioner Young, City Attorney
Bamburg stated that under conditional use for R-0 and R-1 there is a
specific provision for commercial recreational facilities located on
property adjacent to Dupree Park.
Commissioner Young stated that he feels it to be a perfect mix as far
as zoning, adding that restrictions could be applied before it is
finalized. He stated that his opinion would be to go ahead and
approve the conditional use based on negotiating an access with the
City.
City Engineer Whisker offered that in granting a conditional use, the
Commission may want to state any contingencies upfront because that is
when the use becomes permitted. He added that the Commission may want
to consider input from the Parks Commission regarding any unanswered
questions.
Mr. Reid stated
use it would be
something else
Commission. He
possible.
that he understand that if
specifically for that use,
he would have to come
stated that he would like
he is granted a conditional
and that if he wanted to do
back before the Planning
to get approval as soon as
Commissioner Stroud moved to table the item for 30 days pending access
agreements.
Commissioner Young reminded the Commission that a conditional use
involves zoning and not easements, plats or accesses.
Motion died for lack of a second.
Commissioner Young moved, seconded by Commissioner Stroud to approve a
conditional use for a recreational facility on property adjacent to
Dupree Park, stipulating that access and easement considerations to
the property be approved by the Parks and Recreation Commission and
City Engineer Whisker. MOTION CARRIED.
REQUEST TO APPROVE PLAT (S) : a. PRELIMINARY/FINAL PLAT Bridgefield
Estates Phase II
Mr. Tommy Bond represented the Final Plat, pointing out that the
subdivision is located outside the City limits. He added that since
all the tracts are greater than five acres there is a question if the
Planning Commission needs to approve it. He explained, however, that
the Circuit Clerk needs approval from a Planning Commission before
recording the subdivision. He related that the property is located
near Fortson and Peters Roads and that presently two homes are under
construction in Phase I of the development. He related that Phase II
is off the main road approximately 4 of a mile to the south and is
approximately 140 acres consisting of 25 tracts varying in size from
slightly more than 5 acres to as much as 21 acres. He related that
5
I
J
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
a 60-foot bridge is planned to cross the creek. He stated that the
water system would consist of a 6" waterline, which has been approved
by the Health Department, and that the developer is in the process of
getting prices to construct that. He noted that the subdivision would
have private r oad s i ncludi ng the bridge. He related that he felt City
Engineer Whisker's dee pest concern is that none of the improvements
are in place.
City Engineer Whisker agreed, saying that he had explained to Mr. Bond
t h at a preliminary p lat would b e no probl em regardi ng undeveloped
improvemen ts . He pointed out that the owner should h ot have a problem
dividi n g and s e l l i ng great e r t ha n five-acre trac ts by state law
regarding metes and bounds. He added that if the developer wants to
plat a subdivision he has to meet subdivision requirements, which
requires improvements to be in place. He voiced his concern for
approving a subdivision that is not completed, regarding waterlines,
the bridge and roads.
In response to a question posed by Commissioner Young, Mr. Bond
responded that to his knowledge the Fire Marshall has not reviewed the
plans. He added that the water system has been reviewed by the Health
Department and the subdivision does have t wo or t hree fire h ydrants.
He stated that City Engineer Whiske r is c orrect t h e owner can proceed
to sel l the tracts without a plat, a dding that havin g a plat. makes
everyth i ng cle a ner .
City Engineer Whisker a greed, but reiterated that before final plat
approval is given improveme nts need to be in place.
Mr. Bond pointed out t h at the property is a replat of the County
Surveyors Subdivision f iled in the 30's or 40's.
In response t o a que stion posed by Commi ssi oner Young, Ci t y
Whi sker sta ted tha t a preliminary plat would not
infrast r ucture in p l a ce . He stated t hat t he preliminary pla t
the Commission approving of plan and allowing the developer
the infrastructure.
Engineer
require
would be
to begin
In response to a question posed by Commissioner Keaton, Mr. Bond
related that the bridge construction should begin this week. He
related that the Count y ha s a pproved t he desi gn of t h e bri dge . He
added that one of t h e i s sues is t hat t he County is t he flood plain
manager for that area a nd t he bridge has some i mpact on t he flood
plain. He stated that he believes all questions have been answered to
the County's satisfaction. He related that the creek has a drainage
area at a point of 8,019 acres and that the County just constructed a
new bridge on the same creek at Batesville Pike and Fortson Road.
Commissioner Young moved, seconded by Commissioner Montgomery to
approve the Preliminary Plat of the Bridgefield Estates PH II. MOTION
CARRIED.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
b. FINAL PLAT Northlake Subdivision PH IX
Item of business was withdrawn from the agenda per the request of the
developer.
c. FINAL PLAT Crooked Creek Subdivision PH I
Mr. Tommy Bond reviewed that the Planning Commission had approved the
preliminary plan approximately six months ago; he added that the
paving has been completed and that water and sewer have issued letters
of acceptance. He related that there are sidewalks in the
subdivision, adding that the bill of assurance addresses the direction
of houses on eleven lots to prevent homes using the 15-foot side yard
setback as the front yard. He stated that one request from the
developer is a 25-foot setback, noting a substantial savings to the
homebuyer regarding utilities and driveway costs.
Commissioner Stroud noted that when shorter front yard setbacks were
discussed the proposed lots were 80-foot in width, asking if the
developer would be willing to widen the lots to 80-foot for a 25-foot
setback.
Mr. Bond stated that he believes it to be too late to redraw the width
of the lots because all utilities are in place.
Vice Chairman Perry noted that dimensional variances need to be
addressed by the Board of Adjustment, he then noted that discussion
regarding 25-foot setbacks is scheduled later on the agenda.
Corrected plats were provided to the Planning Commission showing the
subdivision with 35-foot setbacks.
Mr. Bond stated that he believes the subdivision will be a nicer
development in Jacksonville, addin<::J Lha.L iL dppears there is a great
demand. He surmised that the lots would be developed in the next 18
months. He stated that Jacksonville has needed a development of this
caliber for 20 years. He noted that the minimum in Western Hill is
1600 square feet and that all the homes constructed have been larger
than the minimum. He stated that Crooked Creek would be 1400 square
feet. He stated that the area has no flood plain problems or any
drainage concerns. He commented that the subdivision will be a quiet
area, close to the grade school and high school. It was also noted
that the average size of the homes in Woodland Hills is approximately
1400 square feet, which was developed approximately 20 years ago.
Discussion ensued and Mr. Bond related that the Oak Forest Subdivision
across the street is being considered for development as a gated
community, being more upscale than was previously proposed.
In response to a question posed by Commissioner Keaton, Mr.
responded that the sidewalks along General Samuels have
constructed, adding that there is a sidewalk plan within
subdivision.
7
Bond
been
the
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
City Engineer Whisker stated that the developer will have to bond for
the sidewalk improvements and change the name of Lee Street, which is
a duplicate street name and present a one-year warranty for the
streets, but is otherwise this Phase of the Subdivision is completed.
Commissioner Montgomery moved, seconded by Commissioner Keaton to
approve the Final Plat of Crooked Creek Subdivision PH I with 35-foot
front yard setbacks and subject to City Engineer Whisker's approval.
MOTION CARRIED.
d. FINAL PLAT Cunningham Subdivision
Petitioner Mr. Dave Cunningham of 8320 Warden Road, Sherwood
distributed a new plat stating that the only change is the addition of
an easement to the south side of the property and the inclusion of the
surrounding property owners.
Discussion ensued regarding the property being located off the access
road north of Jacksonville.
Vice Chairman Perry noted that the Final Plat has the name as being
the Cunningham/Burnett Addition.
Mr. Cunningham stated that he was not sure why the name appeared as
such, adding that he was under the assumption that another buyer has
made an offer on the remaining 14-acres owned by Mrs. Burnett. He
stated that the real estate agent had informed him t hat the money
received from the sale of property to him would be escrowed and used
to install water. He stated that his offer is contingent on the
installation of water.
City Engineer Whisker related that the public waterline system ends at
a meter box just north of Northwood Acres, adding at that point it
goes into a 2" private line that parallels the frontage road,
servicing Oakley Estates and the Church of Latter Day Saints. He
stated that Oakley Estates is the owner of the private waterline and
at this time they are not allowing additional water connections. He
related that the private line is the only available water to the area.
He stated that Mr. Cunningham's problem in purchasing the property was
getting water to his property. He related that Mr. Cunningham has
obtained permission from the Health Department to dig a well and
provide sewer by septic tank. He stated that while there are no
public utilities to the property Mr. Cunningham wanted to final plat
the property and was told that he would need to show that he could get
water and sewer. He went on to explain that the main waterline that
could service this area is on the other side of the freeway and would
require a bore underneath the freeway in order to be tapped, which is
why the waterline has never been tapped for property on the east side
of the freeway. He related that the line runs up to Cabot and is also
the line that services Oak Ridge Estates.
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
In response to several questions posed by Commissioners, City Engineer
Whisker related that both lots are outside the City limits and are not
currently zoned. He then related that the 2H waterline does not go to
the site, but stops at Northwood Acres and that it would be up to the
owner to grant permission to extend and at this time the owner has not
decided to grant permission. He then related that plans for an
extension would also have to go through the Water Department.
Mr. Cunningham then responded to the Commission, stated that he plans
to open a used car dealership and the remainder of the property would
be used for future expansion. He answered that he also has a
dealership in Sherwood and that the only screening between his
property and the church is a chain link fence.
Discussion ensued regarding fire protection and it was noted that the
property is located outside the City's fire district and would have to
be serviced by the North Pulaski Volunteer Fire District.
City Engineer Whisker noted that the site plan still has to go before
the Pulaski County Planning Board as a commercial site plan.
Commissioner Lester moved,
approve the Final Plat of
MOTION CARRIED.
BUILDING PERMIT(S):
seconded by Commissioner Montgomery to
the Cunningham Subdivision as presented.
GENERAL: a. Landscape Ordinance
Commissioner Stroud noted that the draft ordinance included in the
packet is the latest draft from Alderman Stroud removing the R-0 and
R-1, adding that he had tried to work percentages for the remaining
zones but was not able lo come UJJ wlLh an acceptable formula.
Commissioner Young stated that the sliding scale is a good idea in
theory but falls short when applied across the board. He recommended
changes under section three "landscape Design PlanH, to remove R-2, R-
4, and R-5, and to keep R-3 and R-7 (multi-family and manufactured
housing parks) plus all commercial zoning. He added that that where
it reads "that a landscaping design plan should consist of the
followingH and provides a list, that basically all that is needed is
"a planting plan, material schedule showing quantities and irrigation
and drainage plans". He clarified that i tern (A) should remain. Item
(B) should read "a detailed planting plan showing plant materialsH. He
stated that item (C) could be a plant material schedule including
common names, quantity and sizes, adding that item (D) be left as is.
He stated that item (E) should be a description of irrigation and
drainage plans, and item (F) be left as is, omit item (G) and item (H)
change to read "plan for utilizing screening, lighting, and fencing".
9
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
He then stated that under Section Five omit item (1), keep item (2).
He related that under Section Six inapplicable zoning requirements
regarding zones should be removed from requirements, and under
Flexibility in Applying Standards remove items b, c, d, e, and f. He
recommended removing i tern (b) of "Building landscaping" under Section
Six and i tern (C) of Interior landscaping Requirements under Section
Six. He lastly recommended that appendix D also be removed.
Commissioner Lester moved, seconded by Commissioner Young to redraft
the Ordinance and host a public hearing August 11, 2003 regarding
amendments and final recommendation to the City Council. MOTION
CARRIED.
b. DISCUSSION Proposal for 25' Front Yard setback for R-0 zoning
It was clarified that Chairman Brannen requested the item.
City Engineer Whisker clarified that the 25' front yard consideration
is for the zoning of R-0 and that other cities are using the 25'
setback. He stated that corner lots carry a 25' setback for both
sides of the street frontage.
Vice Chairman Perry noted that there is little difference in the 35'
setback versus the 25' setback, noting that economically it is
feasible.
City Engineer Whisker noted that a 25' front yard setback would offer
an additional 10' to the rear yard, which might be appealing to
families who utilize the back yard more. ~
Commissioner Lester questioned if the minimum of a 25' setback would
be an option or requirement.
City Engineer Whisker clarified that if the builder wanted to increase
the front yard setback it would be an option.
Mrs. Christy Hall of 4338 Amy Lane, addressed the Planning Commission
questioning where else but the street can a family park a third
vehicle. She stated that she felt parking cars in the street would
offer a "junkie" appearance. She added that there would be a small
amount of savings in the construction phase but then questioned if the
builders would actually pass that saving onto the homebuyer. She
explained that if you put two SUV's back-to-back that are 17' each in
length you cannot with a 25' setback have a sidewalk too. She stated
that she appreciates Jacksonville having larger yards, adding that she
did not choose to live in North Little Rock for that reason. She
related that she likes North Little Rock because it has a lot to
offer, but prefers the lots sizes of Jacksonville, which is why her
family chose to live in Jacksonville. She pointed out that she has a
larger lot for the same price as a smaller lot in North Little Rock.
10
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
Commissioner Young agreed, pointing out that a house in his
neighborhood has four cars in the driveway back to back; adding that
it is the all th~ driveway can handle with a 35' setback. He stated
that he feels a 35' setback looks nicer and that it offers a nicer
line.
Commissioner Stroud stated that in his opinion a 25' setback is fair,
adding that when his teenage sons purchased cars he poured an
additional portion to his driveway to handle parking. He related that
currently there are 35' setbacks everywhere in Jacksonville, pointing
out that main thoroughfare would remain at 35' to keep everything
uniform. He related that the only areas being proposed for a 25'
setback are interior streets within new subdivisions. He added that
homebuyers would know going in that if they expand their family then
they will either have to pour a pad in the driveway or build a double
car garage. He stated that the 25' setback is an incentive to
encourage more upscale developments, and to aid developers in selling
lots; which will bring in more developers. He stated that he felt a
25' setback would be a positive choice. He added that he liked the
idea of the sides being 25' to square off corner lots, explaining
difficulties for houses on corner lots.
In response to a question posed by Vice Chairman Perry, City Engineer
Whisker stated that a 25' setback would not affect the Master Sidewalk
Plan, the only affect would be that it brings the sidewalk 10' closer
to the residence.
In response to a question posed by Commissioner Stroud, City Attorney
Bamburg stated that the Planning Commission does not have the
authority to change the ordinance but can make recommendations to the
City Council to change the ordinance. He clarified that it is
strictly a .r:econunew.la.Lluu Lu Llle ClLy Cuunc:ll which c:an be voiced
through a letter signed by the Chairman or in the from of a draft
ordinance.
Commissioner Stroud asked to hear from other Commissioners.
Commissioner Montgomery stated that personally he preferred the 35'
front yard setback, pointing out that it allows homes to be an extra
10' away from the sidewalk offering more space and further distance
from the noise on the street.
Commissioner Keaton agreed, saying that he feels the 35' setback has a
better appearance, adding that the only benefit he could determine
with a 25' setback is the extra 10' in the back yard for the children.
Commissioner Lester stated that he prefers the 35' setback, however,
from an economics standpoint he is not sure if it helps the City. He
agreed that parked cars on the street is not attractive within a
subdivision, pointing out that it can make streets more difficult to
navigate.
11
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 14, 2003
7:08 P.M. -8:35 P.M.
Discussion concluded without formal action.
ANNOUNCEMENT:
ADJOURNMENT:
Vice Chairman Perry without objection adjourned the meeting at
approximately 8:35 p.m.
Respectfully,
Secretary
12
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
AGENDA
AUGUST 11, 2003
7:00P.M.
Regular Planning Commission
Meeting July 12, 2003
4. PUBLIC HEARING(S):
7:00P.M. a. REZONING 2711 T.P. White
from C-1 and C-2 to C-3
5. REQUEST TO APPROVE
Petitioner: Clayton Engineering, Inc.
b. REZONING 421 South Hospital Dr.
From C-2 to R-2
Petitioner: Pathfinder, Inc.
(Plat included in Packet)
PLAT(S): a. PRELMINARY/FINAL PLAT:
6. BUILDING PERMIT(S):
7. GENERAL:
ADJOURNMENT
Hayley Heights Pulaski County
Representative: James Butler
(plat & bill of assurance included in packet)
b. PRELIMINARY PLAT: Eastview PH VI
Representative: Bond Engineering
Petitioner: Dupree Company
(plat included in packet)
c. FINAL PLAT: Northlake Subdivision Phase IX
Petitioner: Mr. Tommy Dupree
Representative: Bond Engineering
(plat & development history included in packet)
j
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 11, 2003
7:09 P.M. -7:40 P.M.
OPENING REMARKS:
Vice Chairman Perry opened the meeting at approximately 7:09 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester,
Glen Keaton, Lester Piggee, and Mark Stroud answered ROLL CALL. Vice
Chairman Perry also answered ROLL CALL and declared a quorum. 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 Young that the
minutes of the 12 July 2003 Regular Planning Commission meeting be
APPROVED as presented. MOTION CARRIED.
PUBLIC HEARING(S): a. REZONING request for 2711 T.P. White Drive from
C-1 and C-2 to C-3 Petitioner Clayton Engineering, Inc.
Vice Chairman Perry opened the public hearing at approximately 7:10
p.m.
Property owner Representative Mr. Mike Clayton related that the
property consists of two tracts each with a separate zoning. He
related that front half of the property is zoned C-1 and the remainder
is zoned C-2. He stated that the property owner would like to rezone
the property to make it more compatible to the highway frontage zoning
of C-3. He related that a l ow profile mini storage facility is the
intent for development.
Vice Chairman Perry invited comments in favor or in opposition to the
request, hearing none, Vice Chairman Perry closed the public hearing
at approximately 7:11p.m.
In response to a question posed by Commissioner Piggee, City Engineer
Whisker stated that the proposed use of a mini-storage is compatible
with a C-3 zoning, which is most commonly use as highway frontage.
In response to a question posed by Commissioner Young, Mr. Clayton
stated that regarding location of the building there is not a lot of
acreage available. He stated that there is a combination of various
size units such as 10 X 15 foot units and 5 x 10 foot units to be
located on both sides of the property towards the center of the
property. He estimated the total square footage to be approximately
10,000 to 12,000 square feet, noting it to be a smaller than most
development. He roughly estimated approximately 60 individual units.
In response to a question posed by Commissioner Stroud, Mr.
stated that the units would be positioned perpendicular
freeway, adding that a majority of the development would
visible to the freeway.
1
Clayton
to the
not be
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 11, 2003
7:09 P.M. -7:40 P.M.
Commissioner Young stated that the Commission would like to ensure an
attractive appearance from the freeway and T.P. White Drive, saying
that if the development could be moved to the rear most of the
property to help screen the view from T.P. White Drive.
City Engineer Whisker noted that the preliminary/final plats and a
site plan would still need to be brought back to the Commission. He
then noted that a C-3 zoning would require a 50-foot setback from the
front property line.
In response to a question posed by Commissioner Young, City Engineer
Whisker stated that he was not sure of the setback of the existing
building, adding that it would be a non-conforming use until the
building could be demolished. He stated that any setback variance
request would need to go before the Board of Adjustment.
Commissioner Stroud questioned the possibility of the building being
demolished and more units being planned.
City Engineer Whisker stated that it is a possibility regarding the
50-foot setback line is observed, adding that the does not believe the
building is currently at a 50-foot setback.
In response to a question posed by Commissioner Dollar, City Engineer
Whisker related that the surrounding is c~3 for the Pizza Company and
the property to the north is zoned C-1. He reminded the Commission of
the apartments constructed on Madden Road, explaining that the
proposed property is the tract at the end of the apartments going up
to T.P. White Drive. He stated that the remainder of the lots run
from T.P. White Drive through to Madden Road, describing them one long
strip of property and zoned C-1. He stated that the proposed tract is
the only tract opli t from the remainder lots and was rezoned to C-2
before the glass shop was developed.
It was noted that the consideration before the Commission would be if
the rezoning request is compatible to the area.
Discussion ensued regarding the Planning Commission role and the
forward planning concerns and aesthetics for property located along
the freeway.
Commissioner Young agreed, but noted that the request is a zoning use
that fits the land use plan currently adopted. He noted that to
change the zoning plan for the area the landscaping use plan would
have to be changed.
Commissioner Dollar stated that
the Commission that once the
options under the C-3 zoning
tract.
the City does have a plan and reminded
zoning is changed to C-3 all other
becomes available to that particular
2
J
Commissioner Piggee moved,
the rezoning of 2711 T. P.
requested. MOTION CARRIED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 11, 2003
7:09 P.M. -7:40 P.M.
seconded by Commissioner Lester to approve
White Drive from C-1 and C-2 to C-3 as
b. REZONING request for 421 South Hospital Drive from C-2 to R-2
Vice Chairman Perry opened the public hearing at approximately 7:18
p.m.
Representative Mr. Mike McCreight related that Pathfinders is in the
process of securing funding to construct four double occupancy units
for indi victuals with disabilities. He stated that Pathfinders is
requesting the appropriate zoning.
Vice Chairman Perry invited comments in favor or in opposition to the
request, hearing none, Vice Chairman Perry closed the public hearing
at approximately 7:18 p.m.
In response to a question posed by Commissioner Keaton, Mr. McCreight
related that the property is adjacent to other property owned by
Pathfinders.
In response to a question posed by Commissioner Stroud, Mr. McCreight
related tha t the units would be simi l ar t o existing units, explaining
that the units would be four self-contained units of double occupancy
each with their own kitchenette etc. He stated that Pathfinders has
hired an archi teet and the design would be similar observing zoning
setbacks.
Commissioner Lester moved, seconded by Commissioner Dollar to approve
the rezoning of 421 South Hospital Drive from C-2 to R-2 as requested.
MOTION CARRIED.
REQUEST TO APPROVE PLAT(S): a. PRELIMINARY/FINAL PLAT Hayley Height
Pulaski County
Mr. James Butler stated that he is representing the developers Mr.
Byron McKimmey and Mr. Billy Morden. He stated that the property
consists of thirteen (13) residential lots along Bobbitt Lane for
single-family development.
City Engineer Whisker stated that the lots are approximately 7 5' X
140' slightly larger than the minimum of Jacksonville largest
residential lot size of 70' X 120'. He related that property is
located to the further most point of outside the City jurisdiction.
In response to a question posed by Commissioner Dollar, City Engineer
Whisker stated that there are currently no sidewalks in the area,
explaining that Bobbitt Lane is not a major arteries street.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 11, 2003
7:09 P.M. -7:40 P.M.
Mr. Butler stated that the developers are requesting to construct the
subdivision according to County standards since the County will be
responsible for maintaining the subdivision. He stated that the
developers are trying to develop affordable housing that would cater
to young homebuyers or retirees. He stated that the bill of assurance
calls for 1200 square feet heated and cooled, and the developers are
trying to keep the cost range at $85,000. He stated that the
developers are requesting that curb/gutter and sidewalks be waived to
keep cost down and allow development to be County standards. He
stated that if the road is in need of service or repair, it would be
the responsibility of the developers.
City Engineer Whisker noted that any variations from County
regulations regarding subdividing or curb and gutter would have to be
addressed by the County Planning Commission.
In response to a question posed by Commissioner Keaton, Mr. Butler
related that the sewer would be furnished through the Gravel Ridge
Sewer Improvement District.
City Engineer Whisker clarified that occasionally the County does
require curb and gutter but not sidewalks.
Commissioner Lester moved, seconded by Commissioner Keaton to approve
the Preliminary of the Hayley Height Subdivision to be developed by
Pulaski County standards granting waivers regarding sidewalks, curb
and gutter. MOTION CARRIED.
b. PRELIMINARY PLAT Eastview PH VI lots 1-8 and 32-33
Mr. Tommy Bond related that land is immediately behind Whit Davis. He
pointed out that the drawings were done in 1976; and that utilities,
street, curb and gutter were developed in 1986. He stated that since
that time the subdivision has been dormant. He related that Mr.
Dupree would like to finish the subdivision, adding that water and
sewer have been accepted and that the only thing lacking is some storm
drainage, clean out and the setup of base and asphalt work on the
road. He pointed out that the curb and gutter is completed. He
stated that there is a total of 20 lots, noting 10 additional lots
being added to the request.
In response to a question posed by Commissioner Stroud, Mr. Bond
pointed out the dedication of 10' right-of-way that has been used for
several years to widen South James Street.
In response to a question posed by Vice Chairman Perry, Mr. Bond
stated that he has forwarded copies to both the utili ties and the
Wastewater Department has indicated they have been maintaining those
lines and would go back and check the lines to assure properly
addressed. He then stated that he has not heard from the Water
Department, pointing out that he does not perceive a problem since the
water lines have been established for many years.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 11, 2003
7:09 P.M. -7:40 P.M.
Discussion ensued and Mr. Bond stated that all the lots would be used
for duplex development. He pointed out the addition of 10 lots,
making a total of 20 lots in the development.
City Engineer Whisker noted that the Water Department is planning to
check the meter boxes that were set approximately 20 years ago. He
added that the road would need asphalt, noting that the request is
only for preliminary plat approval.
Mr. Bond stated that the plat would return for final approval when the
asphalt work is finished.
Discussion regarding sidewalks ensued and City Engineer Whisker
related that according to code the development would need sidewalks on
Gina, adding that the portion that does not have sidewalks would be
the responsibility of the City at some point.
Commissioner Young moved, seconded by Commissioner Lester to approve
the Preliminary Plat of the Eastview Subdivision PH VI with sidewalks.
MOTION CARRIED.
c. FINAL PLAT North Lake Subdivision PH IX
Mr. Bond noted that the plat was presented and withdrawn a month
earlier pending some problems with the water. He added that the
problems have been addressed; pointing out that the water test was
completed today. He explained that there was a valve leaking that has
now been fixed. He stated that street construction has been
completed.
City Engineer Whisker noted that it would be weeks before the water
testing result would come back, meaning that the water has not yet
been accepted. He then answered that the sewer service has been
accepted by the Wastewater Department.
Commissioner Keaton noted a bearing correction to the final plat,
accepted by Mr. Bond.
Commissioner Lester moved, seconded by Commissioner Piggee to approve
the Final Plat of North Lake Subdivision PH IX contingent that water
bacterial counts return satisfactorily and appropriate bonding before
being forwarded to the City Council. MOTION CARRIED.
ANNOUNCEMENT: Vice Chairman Perry noted that the Landscape Ordinance
will be presented at the next regularly scheduled Planning Commission
meeting.
City Engineer Whisker informed the Commission that the Comprehensive
Development Plan has been updated over the previous year, noting that
the last update was completed in 1977. He noted that the plan is
designed to project 25 years for the City and will include the mixed-
use ordinance.
5
'I
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
AUGUST 11, 2003
7:09 P.M. -7:40 P.M.
He stated that the plan would be presented to the Planning Commission
for their input.
ADJOURNMENT:
Vice Chairman Perry without objection adjourned the meeting at
approximately 7:4,0 p.m.
Secretary
6
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
7:00P.M.
5. REQUEST TO APPROVE
PLAT(S):
6. BUILDING PERMIT(S):
7. GENERAL:
ADJOURNMENT
AGENDA
SEPTEMBER 8, 2003
7:00P.M.
Regular Planning Commission
Meeting August 11, 2003
LANDSCAPE ORDINANCE
(available at meeting)
PRELIMINARY/FINAL PLATS
Tonya Addition
(bill of assurance & Plats included
in packet)
SITE PLAN for Walgreens
Represented by Bond Engineering
(Plan included in Packet)
Letter from Mrs. Kristi Hall
Green Belts, Wall Dividers and Natural Barriers
(included in packet)
OPENING REMARKS :
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
Chairman Brannen opened the meeting at approximately 7:09 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester,
Glen Keaton, Mark Stroud, Mark Perry and William Montgomery answered
ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a
quorum. PRESENT eight (8) , ABSENT (1) .
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 Young that the
minutes of the 11 August 2003 Regular Planning Commission meeting be
APPROVED as presented. MOTION CARRIED.
PUBLIC HEARING(S): a. LANDSCAPING ORDINANCE
Chairman Brannen opened the public hearing at approximately 7:17p.m.
Alderman Stroud noted the time invested in development of a Landscape
Ordinance, adding that he was pleased the local newspaper had reported
favorable on the Commission's progress. He complimented City Attorney
Bamburg for his legal interpretation of the material included in the
Ordinance, adding that there were a few minor issues regarding
interior trees, which he has spoken with City Attorney Bamburg abouL.
City Engineer Whisker noted that parking lots will now be required to
be "dust free" which means constructed of asphalt, concrete, masonry
materials, and/or a combination thereof, together with appropriate
design and surrounded by curb and gutter. He continued that on page
three of the Ordinance he had a question regarding what height they
are measuring the trees for the minimum caliper of two inches.
Commissioner Young responded that the measurement will be taken
approximately 12 inches above of the ground.
City Engineer Whisker complimented the Ordinance content, noting the
Ordinance addresses residential apartments and manufactured housing
parks. He stated that the Ordinance does not include any single-family
structure or duplexes. He then noted that the Ordinance would
grandfather in all existing parking lots, adding that the Ordinance
states that a landscape design plan should be submitted to the City
Engineer before the construction, development, expansion, or major
renovation of an area as outlined in zoning classifications R-3, R-7,
C-1, C-2, C-3, C-4, M-1 and M-2.
Commissioner Young stated that major renovation has not been defined.
City Engineer Whisker stated that typical major renovation is 50% of
the buildings worth. He continued that he takes each one as a case-
by-case basis and uses 50% of the properties value as a guideline.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
Commissioner Young stated that he believes that 50% is suitable, but
believes that the Ordinance should clarify major renovation with a
specific number or percentage.
City Engineer Whisker clarified that when he says property he means
the building excluding the land.
City Engineer Whisker responded to a question posed by City Attorney
Bamburg, that he has always used the construction cost, being 50% or
greater of the property that is being enhanced. He continued that
there are different values that can be used and could be subjective.
Commissioner Young suggested that there should be something in the
Ordinance that states per City Engineer's approval regarding the value
of the property and if it qualifies as being a major renovation.
City Engineer Whisker stated
regarding property value.
attendance could attest to
property taxes rising. He
is subjective in itself.
that there
He noted
arguments
continued
are various kinds of arguments
that Mr. Peacock who is in
regarding property values and
that property value assessment
Mr. Peacock stated that he believes it would be easier to determine
major renovation by percentage of the building structure rather than
the dollar value. He then answered that the percentage could be
established regarding the building size.
City Engineer Whisker stated that he agrees with Mr. Peacock, however,
using Mr. Hall's building at the corner of Redmond and. South James
Street as an example, at what point is that a major renovation. He
continued that Mr. Hall did not add to the building or expand the
building.
City Attorney Bamburg pointed
approximately 100 percent of the
qualify.
out that
structure
Mr. Hall did replaced
and believes that would
Commissioner Young stated that fifty percent of the building or
parking lot size would be a quantitative figure.
City Attorney Bamburg responded to a question raised by
Brannen, the City Engineer would need a specific guideline
from when plans are submitted.
Chairman
to work
City Engineer Whisker stated that he would use whatever guidelines are
adopted. He continued that he has always used the dollar figure,
stating that it is the easiest.
Commissioner Keaton stated that he felt comfortable using a percentage
of the total property value.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
City Engineer Whisker added that if it gets into semantics, the
assessed value listed by the Tax Assessors Office could be used.
Commissioner Keaton pointed out that a parking lot renovation would be
tied to the property value not to the size of the building.
Commissioner Stroud stated that the assessed value can be two or three
years behind actual assed value and that if tied to fair market value
it can fluctuate, which might be placing City Engineer Whisker in a
dangerous situation to evaluate.
City Attorney Bamburg clarified that it puts the City Engineer in the
position of trying to be an appraiser.
City Engineer Whisker added that it would put him in the position of
hiring an appraiser when the client hires has his own appraiser,
adding that there could be a difference of opinion.
City Attorney Bamburg clarified that the assessed value of the
property is already a public record that is easily accessible to the
City Engineer's Office. He added that if the clients disagree, they
have the option of consulting with a realtor to determine whether it
is an appropriate amount.
Comrnissioner Stroud stated that he feels that 50 % of the assessed
value of the property is the best option.
Chairman Brannen closed the public hearing at approximately 7:25 p.m.
City Attorney Bamburg reviewed the Ordinance saying that there are a
few items that Alderman Stroud requested as additions to the
Ordinance. Ile noted thu.t on pu.ge two under the definitions regarding
fences and unacceptable materials, Alderman Stroud has requested that
that those unacceptable materials also be added to the definitions on
page three regarding the screen or screening section as well as walls.
He then reviewed that on page six number two, under interior
landscaping requirements, Alderman Stroud indicated that there should
be a Section C providing that there be one tree per 15 parking spaces.
He added that on page nine under C, Alderman Stroud requested that at
the minimum fine amounts be reviewed.
Chairman Brannen stated that he believed Alderman Stroud had
recommended either $50 or $75 as the minimum fine amount.
In response to a question posed by Commissioner Keaton, City Attorney
Bamburg stated that other cities vary in fine amounts, stating that he
believes North Little Rock charges $100.00 per incident.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
Commissioner Stroud moved, seconded by Commissioner Montgomery to set
the fine amount to be $50. MOTION CARRIED.
Commissioner Young offered that on page five Section 6, under building
landscaping, that the entire section under B be omitted.
He then noted that on page four Section 4, he suggested a wording
change regarding Preservation Goals.
City Engineer Whisker noted that on page four Section 4, under
landscape design review, that he would like to have the petitioner
provide an additional copy of the plans to be kept on file in his
office.
City Attorney Bamburg stated that they could be required to submit two
copies to the City Engineers office.
Commissioner Young moved, seconded by Commissioner Dollar to recommend
the Landscaping Ordinance to City Council as amended for the September
18th agenda. MOTION CARRIED.
REQUEST TO APPROVE PLAT(S): a. PRELIMINARY/FINAL PLAT Tonya Addition
Mr. Penn stated that he plans to build a single-family home on the
proposed property.
City Engineer Whisker stated that the property is located off Anna
Lane by the railroad tracks. He noted that Mr. Penn has dedicated the
necessary right-of-way for Anna Lane and the extension of Trickey
Lane. He stated that the City is using the property right-of-way to
gain access to the Park as a second entrance into the back of Dupree
Park. He continued that water and sewer are located on the front of
the property.
In response to a question posed by Chairman Brannen, City Engineer
Whisker agreed that the final and preliminary of a one-lot subdivision
could be approved together. It was noted that the property would
remain a one-lot subdivision, unless Mr. Penn returned for a lot
split.
Commissioner Lester moved, seconded by Commissioner Keaton to approve
the Preliminary and Final Plat of the Tonya Addition. MOTION CARRIED.
BUILDING PERMIT(S): SITE PLAN for Walgreens
Mr. Aaron Robinson stated that the developers intend on placing curb
and gutters along both Main Street and Dupree Street. He continued
that they will be taking out the existing grates and pipes and
replacing them with curb inlets and 18 inch either concrete or ABS
pipe. He stated that they are going to tie the water in on the Dupree
side of the property, pointing out that there is an existing 6-inch
waterline and an existing sewer manhole at the southeast corner of the
property that the sewer will be tied into.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
Commissioner Stroud questioned if the parking spaces would back up to
the asphalt.
Mr. Robinson replied that he
barrier between the back of the
is located. He continued that
Dupree and Main Street.
believes that there is a five-foot
curb and the asphalt, where the alley
there is a sidewalk that runs along
City Engineer Whisker stated that Walgreen's has changed the site plan
a few times and wanted to bring it before the Planning Commission to
make sure everyone is familiar with what is on site. He continued
that a Preliminary and Final Plat would be brought back before the
Commission before the building is finished and a certificate of
occupancy is requested. He added that the sidewalk would need to be
completed before they obtain a certificate of occupancy. He stated
that his request for the development is a 40-foot right-of-way at Main
Street from the centerline over and an additional right-of-way for the
right hand turn lane at Dupree. He added that they intended on keep
the same radius on the corner, which has been on their property for
several years to help trucks make the right hand turn from Dupree onto
Main Street. He stated that the right-of-way that will be dedicated
to the City would be on the backside of the sidewalk along Dupree.
City Engineer Whisker responded to a question posed by Commissioner
Dollar that there would be a three-foot buffer between Llle sidewalk
and the street. He continued that the areas that are not parking lot
will be landscaped, at least with grass.
City Engineer Whisker responded to a question posed by Commissioner
Stroud, that they alley is the only consideration that has been
debated, regarding asphalt to grass. He continued that there would be
no curb and gutter between the alley and the back of the parking lot.
He then answered that the entire south area is a dedicated alley that
leads between Dupree and Warren Street.
In response to a question posed by Commissioner Montgomery, it was
noted that there would be approximately 54 parking spaces.
City Engineer Whisker then responded to a question raised by
Commissioner Young, that according to the Master Sidewalk Plan
Walgreens would have to put a sidewalk along Dupree and Main Street.
Commissioner Montgomery noted that the plan has only three handicapped
parking spaces.
Mr. Robinson stated that he is not sure of Walgreen's criteria
regarding handicapped parking.
City Engineer Whisker then responded that he and Captain Pope reviewed
the plans and are satisfied.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
Commissioner Young moved, seconded by Commissioner Keaton to approve
the site plan for Walgreen's as presented. MOTION CARRIED.
GENERAL: LETTER FROM MRS. KRISTI HALL
Chairman Brannen stated that Mrs. Hall's letter pertains to
greenbelts, wall dividers and natural barriers. He continued that as
written he does not believe the letter would be able to go to the City
Council with approval. He noted that the preliminary plat for the
Smith development has been approved.
Mrs. Kristi Hall stated that she is not suggesting that Mr. Smith redo
his preliminary plat. She stated that she is suggesting that from now
on, the Commission consider using greenbelts, wall dividers and
natural barriers in new residential developments. She added that it
was brought to her attention because the Smith Addition is behind her
home and that she has submitted a petition indicating that people
adjoining the property are eagerly enthusiastic about greenbelts, wall
dividers and natural barriers. She stated that in order for
Jacksonville to continue competing with neighboring communi ties such
as Gap Creek and Grey Stone, who offer amenities far beyond what
Jacksonville subdivisions offer, there needs to be serious
consideration to new developments.
Chairman Brannen pointed out Mrs. Hall's letter has requested those
considerations for the "newly planned Smith Subdivision located off of
Harris Road and General Samuels Road, should be required to have a
greenbelt and permanent wall to separate the adjoining subdivisions".
He added that the Smith Plat has already been approved.
Mrs. Hall stated that she is suggesting that residential developers
who want to build in Jacksonville add one of the following to their
subdivision. She continued that she is offering Bushwood Estates,
Fair Oaks and Woodland Hills as an example to the Smith addition,
because currently Jacksonville residential developments do not have a
another residential development that backs up to them because of a
street or something of that nature. She reiterated that what she is
suggesting that since Jacksonville is getting smaller and subdivision
will start backing up to residential communi ties such as the Smith
Addition backing up to Fair Oaks, Bushwood and Woodland, that a
natural barrier be developed to divided those subdivisions if there
are no through streets, so as to not decrease property value.
Chairman Brannen pointed out that on the petition that Mrs. Hall had
her neighbors sign, states "I the undersigned, respectfully request
that the newly planned Smith Subdivision, located off of Harris and
General Samuels Road, should be required to have a green belt and a
permanent wall to separate the adjoining subdivisions". He explained
that the plat has already been approved.
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
Mrs. Hall added that the petition was generated prior to her knowledge
that the plat was already approved. She continued that when she was
made aware of that fact, she realized that the Smith Addition could
not be altered. She added that she believes that this comes at a time
when the landscaping ordinance is fresh on everyone's mind, adding
that while she understands that the ordinance is directed toward
commercial development, she would like to encourage the Planning
Commission to seriously consider something for the residential
developments left in Jacksonville.
Commissioner Stroud stated that he has spoken with Mary Horton on
Christy Lane, adjacent to the Smith development and questioned if she
would be willing to offer 15-feet from the rear of her property to
help provide for a 30-foot greenbelt. He continued that she stated
that her land was already platted and that she already has a huge
accessory building to the rear of her property. He continued that
sharing the 30-foot greenbelt by dividing it in half between the two
developments would be the only thing that he can see, that would be
fair and amicable. He added that he likes the idea of a greenbelt,
and pointed out that the Smith Addition is proposed to have 85-foot
wide lots. He noted that compared to what has been developed, 85-foot
width makes fairly large lots, adding that the development would be a
gated community. He stated that he believes the Smith development
will have positive effects on Jacksonville. He continued that he
would have hated to discourage a developer by requesting that he has
the entire responsibility of offering a 30-foot greenbelt.
Mrs. Hall reasoned that if a young couple wanted to build a home to
raise their family, they have choices if they want to live in Central
Arkansas, and one choice is Jacksonville and the other as an example
is Gap Creek or Grey Stone. She stated that Gap Creek and Grey Stone
are about the same price range per lot and about the oamc oizc uD what
is offered in west Jacksonville, however, Gap Creek and Grey Stone
offer a golf course, security gate, tennis court, swimming pool,
sidewalks, street lights, playground equipment and natural barriers.
She related that Grey Stone has a existing natural barrier, but that
it would not be a huge expense to establish a fence. She stated that
the homebuyers who are going to buy in west Jacksonville are going to
be bigger property tax payers, questioning if they are going to buy in
Jacksonville with no such luxuries as decorative street lights, side
walks and amenities that are in other developments.
Commissioner Young stated that he agrees that Cabot has nice amenities
in their developments, but added that it is development driven. He
clarified that Cabot does not have an ordinance requiring developers
to establish those amenities. He stated that it would be hard for a
Planning Commission to mandate that developers establish a greenbelt
or other amenities. He continued that it is a market driven feature,
adding that he likes the concept of each development having a park
like setting between residential areas, but added that he does not
believe that it is something that can be legislated.
7
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
Cormnissioner Stroud stated in defense of Jacksonville, that buyers
might be going to Cabot but Jacksonville has been noted as being one
of the best-managed cities in the area and many citizens choose
Jacksonville for that reason.
Mrs. Hall asked if Jacksonville is going to step up and be competitive
to neighboring cormnunities regarding residential development.
Chairman Brannen stated that it is his personal belief that
Jacksonville already has, pointing out the tremendous amount of
residential and cormnercial construction in the City.
City Engineer Whisker stated that as far as sidewalks, street
lighting, swirmning pool, playground equipment and walking trails all
in one subdivision, Stonewall Subdivision comes to mind. He stated
that he does not disagree with Mrs. Hall, but pointed out that the
amenities were market driven approximately 25-years ago.
Cormnissioner Dollar stated that she believes that having a Landscaping
Ordinance will show developers that Jacksonville is trying to create a
the type of environment Mrs. Hall is referring to. She continued that
she does not believe there is anyone who disagrees with her what she
is suggesting. She noted that smaller steps have produced lot of nice
developments in the Cormnunity.
ANNOUNCEMENT:
Chairman Brannen complimented noted Cormnissioner Young regarding his
letter submitted to the Planning Cormnission, and joined Cormnissioner
Young in encouraging every Planning Cormnissioner to attend the annual
Arkansas Chapter of the American Planning Association seminar next
year.
Chairman Brannen then noted a memo from the
Recreation regarding the conditional zoning
adjacent to Dupree Park.
Jacksonville Parks and
request fo r property
It was noted that the memo states that if Thunder Road returns to the
Planning Cormnission regarding the development proposed, the Parks &
Recreation Cormnissions is requesting that their recormnendations be
taken into consideration.
City Engineer Whisker stated that he believes that the Parks &
Recreation Cormnission wants the owner to develop a full street to his
property at his own expense.
Cormnissioner Stroud stated that he understood that the street would be
beside the existing one, or utilize the one that is in the Park. He
asked if the new street was going to be on the other end of the
duplexes.
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
SEPTEMBER 8, 2003
7:09 P.M. -7:35 P.M.
City Engineer Whisker stated that the street would start at Redmond
Road and go down beside the duplexes, turn right in between the
Gwatney Road and the fence where the apartments are, and continue down
to the frontage Road and make a left turn back into the Park area. He
added that the street would be required to be 27-feet back to back
curb, lighting & sidewalks.
City Engineer Whisker responded to a question raised by Chairman
Brannen, that development past the new church on T.P. White, north of
Tri-co Construction and Jacks Bayou is in the County and was approved
by the County. He noted that it is not the same developer proposing
the development in adjacent to Dupree Park. He continued that his
understanding is that area is being developed for some sort of "you
pull it" auto parts business.
ADJOURNMENT:
Chairman Brannen without
approximately 7:35p.m.
Respectfully~ ~~w~-! ( ~~~~r: 1'· Davitt / ~ng Co~on Secretary
objection adjourned the meeting at
9
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. REQUEST TO APPROVE
PLAT(S): a.
b.
c.
6. BUILDING PERMIT(S):
7. GENERAL:
ADJOURNMENT
AGENDA
OCTOBER 13, 2003
7:00P.M.
Regular Planning Commission
Meeting September 8, 2003
PRELIMINARY PLAT and SITE PLAN
2711 T.P. White Drive
Representative: Clayton Engineering
(Plat included in Packet)
PRELIMINARY PLAT
Small Oaks Subdivision
Petitioner: Don Tennies
Representative: Bond Consulting Engineers
(Plat included in Packet)
FINAL PLAT
Triangle Park Subdivision, Lot 1
Petitioner: Preston Robinson
Representative: Bond Consulting Engineers
(Plat included in Packet)
METES & BOUNDS:
2615 West Main Street
Petitioner: Discovery Investments
Representative: Jimmy George
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 13, 2003
7:09 P.M. -7:55 P.M.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Chad Young, Glen Keaton,
Lester Piggee, Mark Stroud, Mark Perry and William Montgomery answered
ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a
quorum. PRESENT eight (8), ABSENT (1).
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, Mrs. Joan Zumwalt, members of the press, interested citizens and
petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Montgomery moved, seconded by Commissioner Keaton that
the minutes of the 8 September 2003 Regular Planning Commission
meeting be APPROVED as presented. MOTION CARRIED.
PUBLIC HEARING(S) :
REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT and SITE PLAN 2711
T.P. WHITE DRIVE
Mr. Jim Butler stated that he is representing the owner Mr. Brad
Medlock who would like to develop the property at 2711 T.P. White for
mini-storages. He noted that Mr. Medlock owns the property directly
behind the proposed develop addressed off Madden Road.
Discussion ensued regarding the design concept along with landscaping
considerations. Mr. Butler noted that the development would require
setback variances to accommodate the site plan.
City Engineer Whisker related that the properLy l~ lucdLeJ adjacent to
the A&D Glass Shop on the south side, which was purchased by Mr.
Medlock. He then noted that A&D Glass had received a front yard
variance to build the existing building.
City Engineer Whisker presented the Commission with an aerial
photograph explaining that the Highway Department is conducting a
design study, which would include a right-of-way purchase of the
proposed property. He related that the Highway Department would need
to purchase a portion of the property to complete plans for an on-ramp
to be located on T.P. White north of the new Lowe's development.
Chairman Brannen questioned the time frame involved with a decision
from the Highway Department regarding rights-of-way purchase.
City Engineer Whisker explained the purchase process, saying that the
project is still in the design stage. He cautioned that the City
would not want to interfere with the Highway Department's plans to
address traffic concerns in the area.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 13, 2003
7:09P.M. -7:55P.M.
Discussion ensued as to the p ossibility of phasing the p roj ect by
proceeding with the devel opment of t he r ear p ortion of the p r operty
and waiting t o determine the Highway Department's p l ans before
developing the front section of the property.
Mr. Butler explained that the property is an investment for Mr.
Medlock and stated that he is not sure what Mr. Medlock's feelings
would be regarding phasing the project into two stages.
It was noted that approval of the preliminary plat would be good for
one year.
Mr. Butler then requested that the preliminary be approved with later
consideration for the site plan depending on the Highway Department's
decision.
City Engineer Whi s ker advised a gainst approving the preliminary plat
until the Highway Department has mad e its decision.
Chairman Brannen also advised that approval of the preliminary plat
could carry repercussions regarding the proposed purchase of the
property.
Commissioner Dollar citied problems regarding right-of-way purchases
by the Highway Department involving the Transportation Improvement
Program and the North Belt Loop in Sherwood. She related that the
Arkansas Highway and Transportation Department just approved the
Transportation improvement Program.
Mr. Butler reiterated the need to have the preliminary plat approved.
Commissioner Piggee moved, seconded by Commissioner Dollar to table
the Preliminary Plat and Site Plan of 2711 T.P. White Drive until the
Arkansas Highway Department makes a decision regarding right-of-way
purchase of the property. MOTION CARRIED.
b. PRELIMINARY PLAT Small Oaks Subdivision
Mr. Tommy Bond related that the development is located at the
southeast corner of North First and Quince Hill Road. He related that
the development would consist of eight lots. He pointed out that the
fire hydrant requirements would be worked out with the Fire Marshall
and that the development would be serviced by 6" water lines bored
under North First Street. He added that the sewer would be attached
to an existing sewer main running along the north side of Taneyville
Subdivision.
City Engineer Whisker stated that he had talked to the Wastewater
Department, addi ng t hat the sewer would use the same area system. He
stated that the Wastewater staff did not feel that the eight-lot
subdivision would be of any consequence to the sewer system.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 13, 2003
7:09 P.M. -7:55 P.M.
Mr. Bob Williams of the Wastewater Department stated the northeast
pump station would be the system to serve the development. He noted
problems during wet conditions, adding that the system is scheduled
for up grade next year. He related that he is not sure of the flow
currently through the system, but added that eight lots would not
impact the flow or current system problems. He stated that the Sewer
Commission voted to approve the subdivision.
City Engineer Whisker addressed concerns regarding the requirements
for the fire hydrant, sidewalks, curb and gutter. He related the need
for the developer to have a roll back curb on Quince Hill and a
barrier curb on North First. He then noted that the water lines to
serve the subdivision are located across the street and that there is
a fire hydrant located on North First and Dale Drive. He related
that a 50' access onto Lot 1 from Quince Hill would be necessary
regarding a future lot split of Lot 1
Discussion ensued regarding a possible waiver of sidewalks along North
First Street.
Commissioner Young questioned if the Master Street Plan required
sidewalks for the development. He stated that the development would
be a prime location to have sidewalks, curb and gutter started for the
area. He pointed out that the Education Center would be located in
the same vicinity on North First.
It was pointed out that North First Street was formally a State
Highway, which is the reason there is no existing curb and gutter.
It was noted that sidewalks could be added to the property from LRAFB
going north, but that it would be an expensive project.
City Engineer Whisker related that Captain Pope had not determined if
the development would require more than one fire hydrant, adding that
the determination would be made by the Water Commission.
Discussion ensued that the proposed access to Lot 1 has been
encroached upon by a carport located on Boyce Penn's property adjacent
to the proposed development.
City Attorney Bamburg noted that Mr. Tonnies would need a
waiver filed with the Circuit Clerk Real Estate Department
County Court House.
written
at the
Discussion then ensued if the access is a road or easement and it was
determined that it is neither but is a part of lot 1.
Commissioner Stroud moved, seconded by Commissioner Keaton to approve
the Preliminary Plat of Small Oaks Subdivision pending an encroachment
waiver being filed with the Pulaski County Circuit Clerk and approval
from the Fire Marshall and Water Department. MOTION CARRIED.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
OCTOBER 13, 2003
7:09 P.M. -7:55 P.M.
c. FINAL PLAT Triangle Park Subdivision, Lot 1
Mr. Bond requested that the item of business be removed from the
agenda to be addressed at a later time.
BUILDING PERMIT(S): 2615 WEST MAIN STREET
Mr. Jimmy George stated that he is requesting permission to place a 50
X 50 foot portable classroom on the south side of Pathfinder Daycare
at 2615 West Main Street. He noted that sewer and water are existing
to the site. He stated that the building would be approximately
twenty feet from each existing buildi ng.
Mr. Mike McCreight a representative of Pathfinders stated that
Pathfinders would be leasing the classroom on a five-year lease. He
answsered that the landscaping would be similar to general area and it
was then noted that the portable building would not be visible from
Main Street.
Discussion ensued regarding additional parking
generated through placement of the mobile unit.
considerations
Mr. Jimmy George stated that parking could be extended toward the west
and south side of the current parking area to the rear of the
property. -
Other discussion ensued regarding permanent placement of a mobile unit
and it was the consensus of the Planning Commission that the unit
would not detract from the general appearance of the area.
Commissioner Dollar moved, seconded by Commissioner Piggee to approve
the site plan as submitted. MOTION CARRIED.
GENERAL:
ANNOUNCEMENT:
ADJOURNMENT:
Chairman Brannen without
approximately 7:55p.m.
Respectfully,
objection adjourned the meeting at
4
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. REQUEST TO APPROVE
PLAT(S):
6. BUILDING PERMIT(S):
7. GENERAL:
ADJOURNMENT
AGENDA
NOVEMBER 10, 2003
7:00P.M.
Regular Planning Commission
Meeting October 13, 2003
REZONING 1901 Old Military Road
from R-0 to C-3
Petitioner: Mr. Remmel Hames
Representative: Doug Wilkinson Realty
Comprehensive Development Plan
presented by City Engineer Whisker
(available at meeting)
PAGE
1-4
5-6
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 10, 2003
7:15 P.M. -7:45 P.M.
Chairman Brannen opened the meeting at approximately 7:15 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Glen Keaton, Lester Piggee, Mark Stroud,
Mark Perry and William Montgomery answered ROLL CALL. Chairman Brannen
also answered ROLL CALL and declared a quorum. PRESENT SIX (6),
ABSENT (3) .
Others present for the meeting were City Engineer Whisker, Mr. Doug
Wilkinson, members of the press, interested citizens and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Perry moved, seconded by Commissioner Montgomery that the
minutes of the 13 October 2003 Regular Planning Commission meeting be
APPROVED as presented. MOTION CARRIED.
PUBLIC HEARINGCS): REZONING 1901 Old Military Road from R-0 to C-3
Chairman Brannen opened the public hearing at approximately 7:19p.m.
Mr. Doug Wilkinson stated that he is representing the item of
business, explaining that there is an offer to purchase the property
contingent on rezoning. He related that the property is on the south
side of Military Road across from Buck's Convenience Store. He noted
that there is no other residential property in the area that would be
affected by the rezoning. He added that the buyer would like to
propose a convenience store and a duplex on the property. He stated
that the property consist of approximately 2 acres, which would be
adequate for the proposed plans.
Commissioner Stroud requested information regarding the zoning of
surrounding property.
Mr. Wilkinson stated that the surrounding property is outside the City
limits. He added that the property to the other side is the water
tower inside the City, adding that to the rear is the Hammond
property, which extends to Bayou Meto, which is also outside the City
limits.
In response to a question posed by Chairman Brannen, Mr. Wilkinson
stated that he was not sure if there would be gas pumps along with the
proposal for a convenience store. He related that the propose d buyer
currently owns a convenience store/gas station on Hwy 161 and to his
knowledge is only purposing a convenience store and a duplex.
With no one to speak in opposition, Chairman Brannen closed the public
hearing at approximately 7:21p.m.
City Engineer Whisker related that the Land Use Plan depicts the
property as residential. He noted that it is the last piece of
property in the City on the south side of Military Road next to the
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 10, 2003
7:15 P.M. -7:45 P.M.
water well. He stated that the Water Department had expressed
concerns for having gas pumps next to the water system regarding leaks
and infiltration into the system. He noted that there is a ditch
between the properties, adding that if improvements are proposed in
the area they would want to also consider drainage improvements.
In response to a question from Chairman Brannen, Mr. Wilkinson stated
that he not sure regarding the proposed buyer's plans for gas pumps.
He then noted that the proposed buyer currently owns a Texaco gas
station, noting the existence of a Texaco station at Bucks and saying
that he does not feel another Texaco would be allowed in that close of
proximity just across the street.
Chairman Brannen questioned if the buyer is not proposing to have gas
pumps would he consider a C-2 zoning, which would allow for a
convenience store.
Mr. Wilkinson stated that he was not sure of the buyers feelings
regarding changing the zoning request.
Commissioner Piggee asked City Engineer Whisker what he would view a s
potential problems if a gas station were developed on the property.
City Engineer Whisker stated that ADEQ requires an underground storage
tank system, adding that he believes it must be replaced every ten
years regarding the possibility of leaking. He stated that while
there are better controls in place, leaks do happen. He went on to
say that in order for gasoline to infiltrate the system it would have
to penetrAte the water pipes as well, adding that he is not sure how
long the pipes have been in place but assumes it has been as long as
the plant has been there.
Commissioner Stroud pointed out that the water pipes would have
positive pressure and before it could infiltrate the system, the tanks
would have to leak then somehow have a negative pressure on the water
pipes.
City Engineer Whisker noted that the gasoline would have to cross the
drainage ditch, but added that it would not take a large quantity of
gasoline to contaminate the huge amount of storage being pumped into
the system.
Commissioner Stroud reiterated that it would require a certain amount
of negative pressure for gasoline to enter the system and noted that
generally 20lbs of pressure is maintained in the water lines.
City Engineer Whisker stated that he would have to check with the
Water Department regarding specifics. He noted that the water tanks
have an outflow into the nearby subdivision.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 10, 2003
7:15 P.M. -7:45 P.M.
Chairman Brannen noted that prior to a building permit being issued
the plans would have to be approved by both the Water and Wastewater
Departments.
In response to a question from Commissioner Montgomery, Mr. Wilkinson
stated that the buyer has not formulated his site plan yet. He then
noted that a site plan would have to been approved by the City.
City Engineer Whisker clarified that the property is legally described
as metes and bounds property, adding that the land would have to be
formally platted. He then added that any second type use for the
property would also require a conditional use granted by the Planning
Commission.
Commissioner Stroud related that the proposed plans agree with the
planning concept of establishing commercial property at major
intersections. He then agreed that C-2 may be a better rezoning of
the property without gas pumps because of the proximity to the water
tanks.
Chairman Brannen noted that the Zoning Ordinance does support a
request to rezone to C-3 on a State Highway.
City Engineer Whisker related that the Land Use Plan states that it is
good planning to have a convenience store in areas of mass housing,
and provides for a general type location.
Discussion ensued that the property was located approximately 40 to 50
feet from the corner of Loop Road and Military Road and that Bucks
Convenience Store is half of the property's length away: It was noted
that the Land Use Plan does not specifically call for all four corners
of an intersection to be developed commercially.
Discussion reiterated around the request of C-3 as opposed to C-2.
Commissioner Stroud moved to approve a rezoning to C-2 and deny the
request for a C-3 rezoning. Motion dies for a lack of a second.
Commissioner Piggee moved, seconded by Commissioner Montgomery to
approve the request to rezone 1901 Old Military Road from R-0 to C-3
and to amend the Land Use Map. MOTION CARRIED.
REQUEST TO APPROVE PLAT ( S) :
BUILDING PERMIT(S):
GENERAL: Comp.t;"ehensive Development Plan
City Engineer Whi s ker related that the Comprehensive Development Plan
was last updated in 1977, adding that the plan is good through 2002.
He stated that the Land Use Plan is based from the Comprehensive
Development Plan. He asked that the Commission review the map and be
ready to supply input at the next regularly scheduled Planning
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
NOVEMBER 10, 2003
7:15 P.M. -7:45 P.M.
Cormnission meeting. He noted the proposed mix use zone along Main
Street, adding that an Ordinance will need to be adopted to establish
the mixed-use zoning. He stated that the Planning Cormnission would
need to decide particulars regarding the aspects of mixed-use areas.
He related that the Comprehensive Development Plan also encompasses
the Master Street Plan providing future direction for the development
of new streets. He noted the lengthening and development of streets,
such as Oneida that is proposed to be developed to General Samuels. He
noted that the Master Street Plan requires a developer to develop in
the manner that is consistent with the Master Street Plan. He then
noted that there is also a Master Park Plan, which reserves certain
areas for parks. He stated that the updated Plan would be the City's
planning guide for the next twenty-five years.
City Attorney Bamburg clarified that a public hearing would be hosted
by either the Planning Cormnission or the City Council prior to
adoption.
ANNOUNCEMENT:
ADJOURNMENT:
Chairman Brannen without
approximately 7:45p.m.
Respectfully,
Secretary
objection
4
adjourned the meeting at
JACKSONVILLE PLANNING COMMISSION
1. OPENING REMARKS:
2. ROLL CALL:
3. APPROVAL AND/OR
CORRECTION OF MINUTES:
4. PUBLIC HEARING(S):
5. REQUESTTOAPPROVE
AGENDA
DECEMBER 8, 2003
7:00P.M.
Regular Planning Commission
Meeting November 10, 2003
PLAT(S): a. SKETCH PLAT
6. BUILDING PERMIT(S):
7. GENERAL:
ADJOURNMENT
Hayley Heights Addition PH II
Petitioners: Byron McKimmey and
Billy C. Morden
Representative: James Butler
(Bill of assurance & plat included in packet)
b. PRELIMINARY PLAT
a.
Clover Ridge North, South Jacksonville
Petitioners: B.J. and Brian Boroughs
Representative: Bond Engineering
(plat included in packet)
DISCUSSION:
Comprehensive Development Plan
b. DISCUSSION: Front Yard setbacks
regarding corner lots and culdesacs
c. DISCUSSION: Promulgating rules &
regulations regarding crematoriums
(draft ordinance included in packet)
d. DISCUSSION: Sign Ordinance
(draft ordinance included in packet)
OPENING REMARKS:
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance.
ROLL CALL: Commissioners: Susan Dollar, Bobby Lester, Lester Piggee,
Mark Stroud, and William Montgomery answered ROLL CALL. Chairman
Brannen also answered ROLL CALL and declared a quorum. Commissioner
Mark Perry arrived at approximately 7:05 p.m. PRESENT SIX (6), ABSENT
(2) .
Others present for the meeting were City Engineer Whisker, Aldermen
Marshall Smith, Bob Stroud and Larry Wilson, Chamber of Commerce
Director Bonita Rownd, Mr. B. J. Boroughs, Mr. Brian Boroughs, Mr.
Aaron Robinson, Mr. Jim Durham, Mr. John Harris, members of the press,
interested citizens and petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Piggee moved, seconded by Commissioner Stroud that the
minutes of the 10 November 2003 Regular Planning Commission meeting be
APPROVED as presented. MOTION CARRIED.
PUBLIC HEARING(S ):
REQUEST TO APPROVE PLAT (S): a. SKETCH PLAT for the Hayley Heights
Addition PH II
Chairman Brannen delayed the item of business pending the arrival of
Plat Representative Mr. James Butler.
b. PRELIMINARY PLAT for the Clover Ridge North Subdivision
Bond Engineering Representative Mr. Aaron Robinson presented the Plat
stating that he did not believe there to be any outstanding issues.
City Engineer Whisker related that the Wastewater and Water Department
would be reviewing the Plat at their next Commission meetings, adding
that he did not foresee any problems.
City Attorney Bamburg clarified that the Wastewater Department
approved the Plat at their previous meeting.
City Engineer Whisker noted that lots 21, 22 and 19 are less than the
required lot width of 70' ranging from 65' to 69.54'. He related the
required lot size to be 70' X 120' approximately 8400 square feet,
adding that because the lots are deeper they measure approximately
8700 square feet. He stated that lots 17 and 18 were just shy of the
depth requirement by a tenth of a foot. He related that Mr. Bond had
agreed to expand the curb and gutter to a 2' instead of the 18" shown.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
City Engineer Whisker related that the varied lot sizes is relevant to
item b under General discussion regarding front yard setbacks for
corner lots and culdesacs. He noted that currently corner lots are
required to have a front yard setback of 35' and a side yard setback
of 15' . He then noted that corner lots have two sides of street
frontage, adding that some time ago in the past corner lots had been
developed with 35' setbacks for both sides of the street frontage. He
added that he was not sure if it was a Planning Commission requirement
or a preference by some developers. He noted that a 15' side yard
setback tends to offset the lots and the homes. He demonstrated the
footage difference regarding the staggering affect on the present
plat.
In response to a question posed by Commissioner Montgomery, City
Engineer Whisker noted that a side yard setback has 15' plus 11. 5'
from the centerline of the street to the curb for approximately 25',
adding that a car should be able to back out of the drive without
visibility concerns. He stated that the staggered affect can somewhat
hide a house as far as being able to see from a blind spot out of a
driveway, adding that it should not be problem if it does not pass the
15' line. He did note that a dual 35' setback would cost the developer
lot size. He then noted on the present plat that if a 35' side yard
setback were required on lots 30 and 23, then lots 24 and 29 would
have to be refigured to one lot. He also noted that the sketch plat
was approved 15 years ago in 1988 and that the streets and utilities
are partly in.
Mr. Robinson
streets for
constructed.
clarified that
Red Baron Lane
the utili ties
and Emily
are in, adding that
Drive would have to
the
be
In response to a question posed by Chairman Brannen, Mr. Robinson
stated that the street construction would begin with approval of the
Preliminary Plat.
In response to a question posed by Commissioner Dollar, City Engineer
Whisker related that the sidewalks would be on Cloverdale, Homer
Adkins, Valentine, Red Baron and Emily.
Discussion ensued regarding views and fence construction for lots 2 8
and 35 and that lots might be lost if the setbacks were reconfigured
to 35' .
Questioning if there are plans to extend the subdivision further in
the direction of lots 17 and 18, Mr. Robinson stated that currently
there are no plans to extend the subdivision further.
In response to a question posed by Commissioner Stroud, Mr. Robinson
stated that if a 35' setback were required on corner lots the
developer would loose approximately five to six lots and approximately
one additional lot if the 70' width requirement is requested.
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
Commissioner Stroud acknowledged the loss of lots if the subdivision
is reconfigured to 35' regarding corner lot side yards, but added that
it must be balanced by the appearance and the perception of a lack of
planning on the Commission's behalf to allow staggered lots. He added
that in speaking with Mr. T.P. White he learned that this has always
been a problem and that 35' setbacks for corner lots had been toyed
with back then but with no resolution. He stated that regarding
aesthetics, the Planning Commission needs to consider changing the
required corner lot setbacks.
Mr. Robinson pointed out that when the plat was originally approved
setbacks were 25' and have since changed to 35' .
Discussion ensued
25' setbacks and
information.
regarding the plat being originally approved with
City Engineer Whisker offered to research the
In response to a question posed by Chairman Brannen, Mr. Robinson
stated that if the side yards were changed to a 25' foot setback the
developer would still loose lots.
City Engineer Whisker stated that the corner lots would require 10'
smaller houses and that what would probably happen is that the
builders would go before the Board of Adjustment to seek a variance to
build over the setback line. He stated that it might be possible to
have a 25' corner lot side yard setback but pointed out that the
sketch plat was approved 15 years ago. He added that he is offering
the Commission a consideration for future planning.
Commissioner Stroud stated that reverse corners and inside corners has
been an ongoing problem regarding overall subdivision appearance,
adding that the he felt that if corner lots were squared up at 35'
setbacks for both sides of street frontage it would solve future
problems. He noted that corner lots would have to be larger, but that
it would offer consistency for interior lots. He stated that he would
like to see consistency for corner lot sizes.
Mr. Brian Boroughs stated that they are asking for continuation of a
subdivision that has already begun, adding that the utilities are in
place, pointing out that the sewer has already been stubbed. He added
that he could understand the Commission's desire to have a 35' setback
on both sides of the lot with a future planned development. He stated
that it would be possible in a feasibility study to take care of that
issue. He stated that it would not be feasible regarding this
subdivision if they were to loose five to seven lots because the
number of lots for sell is based on development costs.
Commissioner Stroud empathized, adding that as a Commissioner he has
to also be concerned with the overall aesthetics of a subdivision. He
voiced his concerned regarding the appearance of lots 36 and 30 if
developed as presented.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
Mr. Boroughs pointed out that the homes would be 1,000 to 1,100 square
foot minimums, adding that the original bill of assurance from the
original design would still apply. He then answered Chairman
Brannen's earlier question, saying that while he has not performed any
scaling to find out how the homes could be placed on corner lots with
a 25' side yard setback, it is conceivable that they might be able to
accommodate a 25' setback on side corner lots.
Chairman Brannen informed the Commission that in order to change the
required 15' side yard corner lot setback, the Commission would have
to forward a request in Ordinance form to the City Council and have it
approved before the Planning Commission could enforce it. He asked
that the Commission vote on the present plat, and then consider
Ordinance revisions.
City Engineer Whisker restated his only concerns were lots 20 and 21
which has a 65' lot width instead of 70' and lots 17 and 18 which are
.5' shy of the 120' depth requirement.
Commissioner Piggee questioned City Engineer Whisker, if the lot
difference presented a problem for the City.
City Engineer Whisker related that he did not feel that . 5' on the
grand scheme of things was a problem, but wanted to point out the Code
requirements and the deficiency of lot size.
In response to a question posed by Chairman Brannen, discussion ensued
and it was determined that none of the lots were located in the flood
zone.
City Engineer Whisker related that any lots in the flood zone would
carry the F designation.
Commissioner Piggee moved, seconded by Commissioner Dollar to approve
the Preliminary Plat of the Clover Ridge North Subdivision in South
Jacksonville pending acceptance from the Water Department, approval
for streets and applicable variances. MOTION CARRIED.
BUI LD I NG PERMIT(S):
GENERAL: a. DISCUSSION Comprehensive Development Plan
City Engineer Whisker stated that Commissioner Young had planned to
share information regarding the Comprehensive Development Plan but was
unable to attend the meeting due to illness. He then asked other
Commissioners to forward any further input to his office.
Consensus was that the Comprehensive Development Plan would be
forwarded to the next regularly scheduled Planning Commission meeting.
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
b. DISCUSSION Corner Front Yard Setbacks
Chairman Brannen remarked that the corner front yard setbacks had been
discussed during earlier plat presentation.
c. DISCUSSION Promulgating rules & regulation regarding crematoriums
Chairman Brannen recognized Mr. John Harris of Moore's Jacksonville
Funeral Home.
Mr. Harris stated that the community has reached the need for a
crematory due to the increase number of families who request that type
of service. He stated currently the Funeral Home is having to take
the families who choose cremation to Green Briar. He related that
they would prefer to service their families locally as opposed to
outsourcing to Green Briar. He stated that he understands that there
is not an ordinance that allows for crematories in the various zones.
He added that if an ordinance is accepted the Funeral Home would like
to request approval to operate a crematory.
City Engineer Whisker noted that a draft ordinance has been presented
for the Commission's consideration. He noted that the draft ordinance
recommends that a crematory be a conditional use in C-2 and a
permitted use in C-3, C-4, M-1 and M-2. He related that in speaking
with Little Rock he learned that they classify crematoriums in their
two highest commercial areas as conditional uses. He added that since
the request would be for a crematory in a commercial ai·ea next:. to a
residential area, his recommendation would be to have all crematoriums
be conditional uses in commercial zones, so that each can be heard on
a case by case basis through the public hearing process. He added
that industrial zone property should be a normal permitted use.
In response to a question posed by Chairman Brannen, Mr. Harris stated
that the crematorium would be located in the center of the cemetery in
a 38' X 40' existing building. He noted that the area is not within
800' of a church or school and that it is 700' from the nearest
residential area. He stated that the crematory in the existing
building would be virtually unnoticeable. He added that he has
visited some of the other crematories in Arkansas, explaining that
there are sixteen crematories in the State and that the closest one is
Green Briar. He noted that there is one in Little Rock that does
approximately 3,000 cremations annually; and that the next closest one
is in Batesville. He stated that the existing building is located in
the center of the 20-acre cemetery behind the Funeral Home.
In response to a question posed by Chairman Brannen, City Engineer
Whisker responded that the property the Funeral Home is located on is
zoned C-1 and the cemetery is zoned C-2.
In response to a question posed by Commissioner Perry, Mr. Harris
stated that he anticipates approximately fifty cremations annually.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
He then stated that they also own two other funeral homes that have
approximately twenty cremations annually, adding that those cremations
would be performed at the requested location. He stated that there is
statistical data that provides that cremation is on the rise as of
2001, pointing out that the cremation rate in Arkansas is 15%. He
noted that it is projected to rise in 2010 to 27%, with the levels
doubling in seven years so that by the year 2025 it is expected to be
approximately 37%; meaning that four out of ten people in the next 20
years will prefer cremation as their choice of disposition. He stated
that funeral homes would prefer traditional services rather than
cremation because of casket sales, but public perception and cremation
is becoming a higher demand, adding that they are trying to meet those
demands.
In response to a question posed by Commissioner Stroud, Mr. Harris
replied that the Funeral Home would serve its customers first but
would accept cremations from other companies if there is an
availability.
Mr. Harris then answered that cremations would be performed during
typical normal business hours, excluding weekends. He then related
that the average length of time to cremate a body is approximately two
hours for the particular unit they had researched.
Chairman Brannen explained that the action before the Commission would
be to consider recommendation to the City Council regarding an
ordinance to include zoning classifications for a crematorium.
Commissioner Lester moved, seconded by Commissioner Montgomery to
forward an Ordinance to the City Council recommending commercial and
manufacturing zoning classifications regarding the operation of
crematoriums. MOTION CARRIED.
d. DISCUSSION Sign Ordinance
Alderman Smith related that the Sign Ordinance Committee was formed
approximately seven months ago as a sub-committee of the City Council.
He related that the general feeling was that there was a need to look
at signage throughout the City. He related that he served as Chairman
on the Committee along with other Aldermen, Planning Commissioners,
and business people including Chamber of Commerce Director Bonita
Rownd. He related the Committee's mission to study maintenance,
conformity and placement issues regarding the existing sign ordinance.
He noted that the draft sign ordinance being submitted for review was
several months in the works and it is hoped that the ordinance can be
adopted by the City Council sometime in February. He stated that he
is asking the Planning Commission to consider setting a public hearing
for January. He noted that Section 18.7 6. 010, Definitions has been
expanded. He then noted that directional signs are to be no larger
than 6 square feet. He then mentioned new information regarding free-
standing signs and Section 18.7 6. 020, General Provisions which
6
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
addresses nuisance, obstruction, construction, maintenance, and
permits. He related that no more than one organization for special
events would be issued a permit for the same time period. He stated
that the Committee extensively researched signs, abandoned signs, and
banners. He stated that only two banners would be allowed per
business location, adding that changeable copy signs (formally known
as portable signs) were discussed. He related that portable signs
were previously accepted if they were anchored in the ground but with
the new ordinance, they must be framed with either concrete, or brick
to make it look attractive. He related that the Committee discussed
directional signs, saying that there can be a maximum of two off-site
directional signs per business and that sizes and length of time were
discussed. He noted that a church can advertise no more than two
special events per calendar year and that signage code regarding
square footage minimums for commercial and residential has been
updated. He noted that any commercial corner lot would be allowed
one conforming freestanding sign for each street frontage occupied and
that fines regarding non-compliance were raised. He stated that
several areas have been addressed that were not previously addressed
in the old ordinance or amended to bring the current signage up to
date. He then noted that pennants and festoons were prohibited except
on a federal highway.
Commissioner Stroud noted that no more than two banners per business
could be utilized but businesses along High~wa)t 161 could ernplojt the
use of balloons and festoons at their own discretion.
Discussion ensued and it was clarified that any business located on a
federal highway were not limited in the use of pennants, balloons and
festoons and that businesses not located on a federal highway were
permitted four times a year for seven days per event.
Commissioner Stroud expressed concern
interstate 67/167 if all business along
variety of balloons, pennants and festoons.
regarding the view from
the stretch were using a
In response to a question posed by Commissioner Stroud, Alderman Smith
related that the article was written as such to offer the same
advertising advantage that other cities offer businesses located along
the same federal highway especially competition regarding car lots.
Commissioner Stroud questioned if car lots not located along
federal highway were being slighted from the same opportunity
advertise.
the
to
Alderman Smith stated that the public hearing would be a good forum to
discuss changes, noting that the ordinance forwarded from Committee is
only a draft for review.
7
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
In response to a question posed by Commissioner Stroud, City Engineer
Whisker clarified that a billboard with two faces is allowed two
advertisements per face providing for no more than four advertisements
per billboard.
Commissioner Montgomery moved, seconded by Commissioner Dollar to set th a Sign Ordinance public hearing for January 12 2004 at 7:00 p.m.
Mr. Jim Durham read from the proposed ordinance that "no advertising
device or sign shall be affixed or constructed directly, installed or
maintained until permit to do so has been obtained from the City
Engineer's Office", he questioned if existing businesses would have to
apply for a permit for each of their signs.
City Engineer Whisker noted that there would be a 180-day window to
comply.
In response to a question posed by Mr. Jim Durham, City Engineer
Whisker related that the signage at the North Point Plaza would be
considered one sign package for one permit, one time only, adding that
the original permit would cover any sign maintenance.
Discussion then ensued regarding freestanding signage located at the
Crestview Plaza for each side of the street facing Main Street and how
the ordinance as written would affect that situation given that the
Plaza is not a commercial corner lot.
City Engineer Whisker noted the situation exclusive in nature, having
frontage on both sides of Main Street.
Chairman Brannen
outline of the
Adjustment.
offered
ordinance
that any situation that did
could seek a variance from
not
the
fit
Board
the
of
Mr. Durham related that he was aware of variance options but would
like to see something in writing that would to try to avoid having to
request a variance. He stated that he does not disagree that
Jacksonville needs a sign ordinance but added his concern for "getting
carried away" regarding growth and control. He stated that he did not
want Jacksonville to get so far out that it is discouraging business
from locating in Jacksonville.
In response to a question posed by Alderman Wilson,
that current business owners would have 180-days
conforming signs or apply for a variance.
it was clarified
to replace non-
Alderman Wilson pointed out that many business owners have a sizeable
investment in their signage and while he believes signs that are in
disrepair should be brought into conformance, there are some signs
that are attractive but slightly out of conformance. He noted that
the Board of Adjustment would be inundated with request for variances.
8
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
He stated that he agrees with the intent of the ordinance but feels
that business owners with existing signs that are not in need of
repair should be given longer than six months to replace them. He
added that he does not feel that any one who has invested a lot in
.signage should be made to take it down as lonq as it is in qood
repair.
City Engineer Whisker noted that temporary signs may be an exception
to that sentiment.
Alderman Wilson clarified that he was not referring to temporary
signage. He noted that the City of Little Rock went through a similar
situation when they tried to phase out billboards on a five-year phase
out plan because of the money invested in signage.
Alderman Wilson related that his other concern is that there is not a
concise list of the changes from the existing ordinance. He related
that elected officials passing legislation should have a clear
understanding of what is being changed. He added that without
understanding what the changes are it would be difficult in a public
hearing to compare, or have discussion until the ordinance goes into
practice and questions arise. He reiterated his concern regarding the
burden it would place on the Board of Adjustment at that time.
Aldernlan Stroud stated that no one could have guessed the quandary
revising the sign ordinance would present. He pointed out that there
are so many different types of businesses, which present different
situations regarding locations, streets faces, and so on, adding that
everyone agreed signage needed to be addressed. He stated that the
old ordinance did not work and was not been enforceable. He added
that the new ordinance is a viable ordinance that will work and offer
Code Enforcement u tool they can work with. He ci tied instances
regarding poor sign maintenance in Jacksonville, which is not only
aesthetically unpleasing but also presents a hazard from a safety
standpoint. He pointed out that in earlier attempts to prohibit
portable signs the Council worked on a program which attractive
controversy so they finally decided that portable signs could be used
if they were secured to the ground because of safety. He related that
eventually that was unsuccessful because business owners began uslng
portable signs all over town and not properly anchoring them. He
stated that the problem was enforceability, which is why the new
ordinance has strict regulations regarding signage. He stated that
signage has to be permanent, aesthetically pleasing and meet certain
specifications overseen by the City Engineer. He stated that there
has been a lot of anguish regarding what can be done or what should
not be done, and that there are going to be some problems bringing
everyone in compliance. He stated that perhaps 6 months is probably
not reasonable, but the City has to give them reasonable time to
either come into compliance or seek a variance.
9
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
DECEMBER 8, 2003
7:00 P.M. -7:55 P.M.
Discussion ensued and City Attorney Bamburg related that he could have
a summary of changes available for the public hearing to be held in
January.
Commissioner Stroud reiterated his concern
regulations for businesses located along the
middle of Jacksonville.
regarding proposed
freeway through the
Alderman Smith
process can be
Council.
noted that suggestions
enacted before returning
during the public hearing
the Ordinance to the City
Commissioner Stroud
proper to send what
to public hearing.
be faultless before
stated that as a Planning Commissioner he believes
he perceives as "a little bit of a defective unit"
He added that he would like to see the Ordinance
heading to public hearing.
Discussion ensued regarding reassembling the Sign Ordinance Committee
to consider amendments.
Commissioner Stroud stated his reservations regarding a vote to send
the ordinance to public hearing at this time.
In response to a question posed by Commissioner Piggee, Alderman Smith
stated that in some instances the old ordinance was us.ed in compiling
the new ordinance.
At this time, MOTION CARRIED by voice vote with Commissioner Stroud
voting NAY.
ANNOUNCEMENT: Chairman Brannen requested that the Sketch Plat for
Hayley Heights Addition PH II be tabled until the regularly scheduled
Planning Commission meeting in January 2004.
ADJOURNMENT:
Chairman Brannen without
approximately 7:55p.m.
Respectfully,
Secretary
objection
10
adjourned the meeting at