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2004JACKSONVILLE PLANNING COMMISSION AGENDA JANUARY 12, 2004 7:00P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting December 8, 2003 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): a. CONDITIONAL USE for a church 2611 West Main Petitioner(s): Mr. Jim Peacock and Mr. Jurdon Perry on behalf of the Church of Christ b. CONDITIONAL USE for mini-warehouses 1604 Loop Road Petitioner(s): Real Estate Central and Mr. Muhammad Lone c. Ordinance amending Jacksonville Municipal Code Signage (change summary in packet) a. FINAL PLAT Triangle Park Development, Lot 1 Petitioner: Mr. Preston Robinson Representative: Bond Engineering (plat included in packet) b. FINAL PLAT Small Oaks Subdivision Petitioner: Mr. Don Toennis Representative: Bond Engineering (plat included in packet) c. SKETCH PLAT Hayley Heights Addition PH II Petitioners: Byron McKimmey and Billy Morden RepresP.ntative: James Butler (resubmitted from previous meeting) (plat in previous packet) PLANNING COMMISSION agenda continued: JANUARY 12, 2004 d. 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT PRELIMINARY PLAT Clover Ridge South PH II Petition~rs: B.J. and Brian Boroughs Representative: Bond Engineering Landmark Missionary Baptist Church Corner of Marshall and General Samuels Representative: Keith Miller Architects Request to set public hearing Conditional Use of a crematory in C-2 zone Petitioner: Moore's Jacksonville Funeral Home OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 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, Chad Young, Glen Keaton, Lester Piggee, Mark Stroud, and Mark Perry answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT SEVEN (7) , ABSENT TWO (2) . Others present for the meeting were City Engineer Whisker, Aldermen Marshall Smith, Bob Stroud and Terry Sansing, Mr. B.J. Boroughs, Brian Boroughs, Mr. Preston Robinson, Mr. Tommy Bond, Mr. John Harris, Mr. Kevin McCleary, Mr. Jim Peacock, 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 8 December 2003 Regular Planning Commission meeting be APPROVED as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE for the Church of Christ to be located at 2611 West Main Street Chairman Art Brannen opened the public hearing at approximately 7:02 p.m. Petitioner and owner Mr. Jim Peacock stated that the building at 2611 West Main was as formally known as Ruther Hall has been rented for years to various churches and organizations. He related that the Church of Christ is interested in purchasing the building and has requested that a conditional use from the Planning Commission be granted prior to proceeding negotiations of sale. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:05p.m. Mr. Peacock responded to a question posed by Commissioner Stroud, that the Church of Christ is currently utilizing the building and that a day care, to his knowledge, is not ·part of their operations. He related that the building is shared with other organizations and the Church of Christ would like to purchase the building for exclusive use. Commissioner Stroud moved, seconded by Commissioner Young to grant a conditional use to the Church of Christ regarding the property located at 2611 West Main for use as a church. MOTION CARRIED. b. Conditional use for mini-warehouses located at 1604 Loop Road Chairman Art Brannen opened the public hearing at approximately 7: OS p.m. 1 Representative he represents requesting a storage on the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. -7:55 P.M. Mr. Scott Kingston with Real Estate Central stated that both the buyer and seller, adding that the seller is variance for the buyer to construct mini-warehouse property. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:06p.m. In response to a question posed by Commissioner Dollar, Mr. responded that the property is located at the corner of Military Road situated across from the Texaco station. Kingston Loop and Mr. Kingston responded to a question posed by Commissioner Young, saying that initially the proposal is for 150 units with the possibility of constructing up to 450 depending upon the number of units leased. Commissioner Dollar acknowledged that the corner would be suitable for commercial development, but added that she would like to see appropriate landscaping. Mr. Kingston responded that the developer is his father and that they have constructed several similar facilities around Kansas City. He added that he is sure they would not be adverse to any kind of landscaping or screening. City Engineer Whisker reviewed that the Commission had approved a rezoning last month in the same area, adding that the rezoning was on the south side of Military Road and this property is on the northeast corner of Loop and Military Road. He added that the property is approximately seven-acres between the Texaco Service Station and Murrell Taylor Elementary School towards the hill. He continued that it is a triangle shaped property approximately 500 feet wide. He then noted that the developer would have to comply with the landscaping ordinance at the time he submitted his site plan. Commissioner Piggee moved, seconded by Commissioner Dollar to grant a conditional use for mini-warehouses at 1604 Loop Road. MOTION CARRIED. c. Ordinance Amending Jacksonville Municipal Code Signage Chairman Art Brannen opened the public hearing at approximately 7:10 p.m. Alderman Marshall Smith stated that the Committee feels that the sign ordinance requires an update, adding that the original ordinance was adopted by the City Council in 1985. The Commission viewed a slide presentation showing various signs in Jacksonville. He related that input from the Commission would be considered at a February 5th Sign 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. -7:55 P.M. Committee meeting before hopefully being forwarded to the City Council at their second meeting in February. He continued that discussions have been lengthy, adding that generally the consensus is that the ordinance is a good ordinance. Alderman Stroud stated that he would like to preface the intent of the Committee regarding the sign ordinance. He related that citizens have questioned why various large restaurants or department store chains have not located in Jacksonville. He added that some builders have stated that they can make more profit from the identical house built in Sherwood or Cabot. He explained that the Chamber of Commerce hosted a seminar with realtors, developers, appraisers and bankers to discuss why property values in Jacksonville are not equal to other cities. He related that an appraiser at the seminar stated that the City needs to begin by enforcing its ordinances. He related that the City Council has passed a clean-up ordinance and the City hired an additional Code Enforcement Officer. He added that statistically within the last 2~ years 3,585 grass letters have been sent, 355 were mowed by the City, 1,987 trash letters were sent and 1,320 inoperable vehicles were tagged. He noted that progress has been made, however, signs are another issue to be addressed to improve the appearance of Jacksonville. He related that all businesses are in different stages, some established and some just starting, but added that the atmosphere needs to be cohesive, fair, enforceable and eliminate safety hazards. He mentioned the need to adhere to the sign ordinance regarding yard sale signs and portable signs, pointing out that signs are not being properly disposed of or taken down in a timely manor. He mentioned a clutter of signs that have popped up on Main Street, which are not being properly maintained, adding that there are many abandoned signs from business that have closed. He related that banners have been a major issue, and added that some road signs could be combined instead of having one sign for each pole. He !:I La Leu Lhat a clean city is a marketable city that attracts businesses and upscale restaurants, which creates jobs. He stated that their goal is to make Jacksonville a better community to live in, work in and raise families. Chairman Brannen closed the public hearing at approximately 7:20 p.m. and stated that the ordinance would return to Committee. Commissioner Stroud stated that he has a problem with the balloons and festoons being granted "carte blanche" on the freeway. He stated that he feels allowing certain areas a different set of privileges is unfair. He added he could understand the reasoning regarding the major businesses located there but added that there is no guarantee that those businesses would still be located there in ten years. He stated that if the goal of the sign ordinance is to bring the entire City into conformity, then special cases that the City is trying to help should be dealt with through the public hearing process regarding a variance. He added that he does support the grandfathering of some signage. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. -7:55 P.M. Alderman Smith related that there has been additional thought to allowing State Highways the ability to exercise that same freedom regarding balloons, festoons and pennants. He added that use of balloons etc. are not banned from other businesses but are allowed four times annually on a seven-day basis. He related that the provision was added to allow Jacksonville Car Dealerships located on the Federal Highway the same advantage as dealerships toward McCain Mall. Mrs. Christine Diffy stated that she recently purchased the Decorators Bazaar, and plans next month to use balloons from February gth through February 15th regarding a Valentine sale. It was noted that she would be allowed to utilize balloons for seven days, four times a year. She related that she has a portable sign on the corner and asked what she would have to do to make it a legal sign. Alderman Smith stated that the sign would have to be enclosed, making it more attractive. Mrs. Diffy stated that she is paying weekly to have cigarette butts and loose garbage cleaned up from the front of her property and feels that she is doing her part to help keep a clean appearance in Jacksonville. She stated that if she is not allowed to keep the sign at the corner, she feels that potential customers will not know that her business is located there. She related that she is not visible from the freeway and that unless they see her sign she , would loose business. Commissioner Stroud stated that the sign ordinance was started so that there would be compliance, adding that some businesses went overboard with portable signs and directional signs. He continued that the ideal was that if everyone complied with the ordinance there would be less clutter and businesses signs would be easier seen. In response to a question posed by Mrs. Diffy, Alderman Smith stated that in order to make a portable sign permanent it would have to be fully enclosed or framed and mounted. City Engineer Whisker stated that Mrs. Diffy is located in a shopping center and that a shopping center is allowed to have one free standing pole sign for the entire shopping center in which all of the businesses names are listed. He then answered that her store days and hours of operation can be advertised on the front of her location. He pointed out that the only allowable signage would be the shared pole sign for the shopping center and a sign over each of the businesses. Mrs. Diffy stated that the sign over her business does not state the hours of operation or what kind of business it is; adding that if the ordinance passes, her business would not have any exposure to the 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. -7:55 P.M. traffic on West Main Street other than the shopping center sign. She asked if it would be acceptable if she paid to have a sign installed to ordinance specifications. City Engineer Whisker reiterated that each shopping center is allowed one pole-mounted sign that list the stores in the shopping center. He added that in this case, the pole-mounted sign has two poles and each sign is approximately 20' by 4', adding that all store fronts in the shopping center would have the same advantage for exposure. REQUEST TO APPROVE PLAT (S) : a. FINAL PLAT for the Triangle Park Development Lot 1 Mr. Tommy Bond stated that a plat was previously submitted two months ago, explaining that only the paving was lacking. He stated that Mr. Robinson has paved the property and has someone interested in leasing the property. Chairman Brannen stated that he has viewed the development and everything looked good. Discussion ensued and it was noted that the development, even though complimented for its greenery, would not meet the present landscaping ordinance. It was clarified that the present landscaping ordinance would require a screen or a berm to the rear of the property adjacent to the Air Force Base fence. Commissioner Young moved, seconded by Commissioner Keaton to approve final plat of Triangle Park Development Lot 1 as submitted. MOTION CARRIED. b. FINAL PLAT for Small Oaks Subdivision Mr. Tommy Bond stated that the curb and gutter is in and the sidewalks are bonded, adding that the sewer is completed and should be accepted at the next Sewer Commission meeting. He added that the Water Department is in the process of installing water meters. City Engineer Whisker concurred. Commissioner Perry moved, the Final Plat of Small CARRIED. seconded by Commissioner Young to approve Oaks Subdivision as submitted. MOTION c. SKETCH PLAT Haley Height Addition PH II (resubmitted from the previous meeting) Representative Mr. James Butler stated that he was ill during last month's meeting and was not able to attend. Mr. Butler stated that the developer is seeking approval to begin street and sewer 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. -7:55 P.M. construction. He noted that the subdivision is located in the County and will be also submitted to Pulaski County Planning. City Engineer Whisker stated that the only difference with County developments is that a 25' building line is used instead of a 35' building line. He asked that the motion included stipulations regarding Pulaski County's development regulations. Commissioner Piggee moved, seconded by Commissioner Young to approve the Sketch Plat of the Haley Heights Addition PH II pending that the subdivision meet the requirements of Pulaski County Planning. MOTION CARRIED. d. PRELIMINARY PLAT Clover Ridge Mr. Tommy Bond noted that the development last month, and that development. He reviewed that 80's, adding that the water, installed. South PH II Commission reviewed Phase I of the Phase II is the final stage of that the development was started in the sewer and power lines have been In response to a question posed by Commissioner Stroud, Mr. Bond stated that it is his understanding that the sewer lines would require minor repair work. He noted that the Wastewater Department has performed a televised inspection of the lines and noted one questionable spot in Phase II. He stated that a 4" water line will be abandoned and a new 6" line will be constructed. City Engineer Whisker stated that he met with representatives from the Water and Wastewater Department and received the same comments. He then responded that Water and Wastewater Department are fine with the plans and should offer formally approval following their perspective Commission meetings. Commissioner Perry questioned if the culdesac radius should be 60' and Mr. Bond responded in saying that originally the culdesac was designed small but more easement would be dedicated to accommodate the 4 7. 5' radius that is required by the Fire Department. City Engineer Whisker concurred that the Fire Marshall has requested a 47.5' radius for the turnaround of Fire Department equipment. Discussion ensued and Mr. Bond stated that the developer would like to request a 25' setback for lots 63 and 65, noting that a parcel between lots 63 and 65 was sold approximately 20 years ago. He stated that the developer does not have control of that property. Mr. Bond noted that a 25' setback has been allowed in some developments in the past. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. -7:55 P.M. Commissioner Stroud moved, seconded by Commissioner Perry to approve the Preliminary Plat of the Clover Ridge South PH II Subdivision, stipulating that the culdesac radius be 47.5' and that a variance be granted to lots 63 and 65 regarding a 25' setback. MOTION CARRIED. BUILDING PERMIT (S) : Landmark Missionary Baptist Church Corner of Marshall Road and General Samuels Representative Mr. Keith Miller of Miller Architects stated that the site plan being presented is the first phase of a multi-phase project. City Engineer Whisker noted that changes to the site plan were made to accommodate the landscaping ordinance. Mr. Miller stated that a licensed landscape archi teet has worked on the plan. He related that the plans have been approved by the State Health Department and Flynco Construction has successfully bid the project. City Engineer Whisker related that the plans would require a sidewalk in front of the building, noting that the Church property encompasses the entire corner lot from Marshall Road to General Samuels to the wooded area and back to the Water tower consisting of approximately 10 acres. He stated that the first phase will involve the area from the drive off General Samuels back to the Water tower on the north side of the ditch, adding that there are future plans for the corner of the lot off Marshall Road and General Samuels. In response to a question posed by Commissioner Dollar, City Engineer Whisker related that there would be a buffer between the sidewalk and the street, adding that the sidewalk will be adjacent to the property line. Discussion ensued regarding platting of the property and City Engineer Whisker stated that if the property were platted he would require sidewalks throughout the development, along with curb and gutter. It was noted that the Church is asking for a metes and bounds building permit. Mr. Miller stated that plans regarding future development have not been finalized, relating that the portion of the property chosen for current development was chosen because it affects drainage the least. He stated that Thomas Engineering has developed a master drainage plan, noting that drainage enters the property from the west. He stated that at this time it is not definite what the next phase will embody. He pointed out that if future drainage plans will depend on the size of the assembly building. Discussion resumed regarding the platting of the property and at what stage the sidewalks would be requested to be built. 7 r J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. -7:55 P.M. Commissioner Stroud voiced concerns for the drainage and ditch area. He asked for clarification regarding drainage plans. City Engineer Whisker related that the developer is proposing a 5' wide V ditch that will be 2' deep to accommodate drainage until future development occurs, adding that the development would have to be at the same elevation letting the property drain from the west as it does now. He added that it would also have to drain the 24" pipe that crosses General Samuels. Mr. Miller noted that Thomas Engineering has reviewed the preliminary data for a drainage culvert that will eventually connect the water runoff from the water tower regarding water that comes onto the site now and direct it into the area of question. He stated that if the City had reque sted those actions for Phase I of the project, the drainage engineering would have been addressed. He stated that the City had instructed him that if the drainage was not affected, and the current runoff is contained with the V ditch continuing as it does now, they would be satisfied. Commissioner Stroud stated that his drainage concerns are regarding further development, noting that dirt brought on the site has narrowed the ditch. Mr. Miller stated that the dirt was not brought in by their instructions, explaining that the Church had an opportunity to get free fill dirt and it got a little out of hand. He stated that his firm has stopped that practice and the overfilled area will have to be reconstructed based on structural and civil engineers instructions. He stated that Thomas Engineering has stated that the proposed plans should be fine regarding drainage. He added that he would be the first to say that the next step should be a full master plan showing the infrastructure as to the buildings and parking. In response to a question posed by Commissioner Young, Mr. Miller stated that he is not aware of the dumpster location, adding that it has not been discussed yet with their client. He suppos ed that it would most likely be l ocat ed near the kitchen. He displayed the proposed location of the kitchen regarding the site plan. Commissioner Young stated that the p l an seems to be a good functioning plan, adding that his only comment would be not to waste the trees at the back of the building but have them located at either side of the parking lot. Commissioner Stroud moved, seconded by Commissioner Piggee to approve the building permit request for Landmark Baptist Church as requested, stipulating that a sketch plat will be presented prior to any further improvement to the property. MOTION CARRIED. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. -7:55 P.M. GENERAL: Request to set Public Hearing regarding a conditional use of a crematory in a C-2 zone Chairman Brannen noted that Jacksonville Funeral Home is requesting a public hearing regarding a conditional use for a crematory on cemetery property zoned C-2. Commissioner Perry moved, seconded by Commissioner Stroud to set a public hearing at the next regularly scheduled Planning Commission meeting. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without approximately 7:55p.m. Secretary objection, adjourned the meeting at 9 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA FEBRUARY 9, 2004 7:00 P.M. a. ELECTION OF 2004 OFFICERS Planning Commission and Board of Adjustment b. SERVICE AWARDS Commissioner Mark Perry Commissioner Lester Piggee 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting January 12, 2004 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE a. CONDITIONAL USE: Crematorium at 1504 Loop Road in C-2 zone Petitioner: Jacksonville Funeral Home b. CONDITIONAL USE: C-1 in C-2 zone 104 North First Street Petitioner: James Mongno PLAT(S): a. REPLAT PLAT 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Critter Hollow Subdivision Lot 5F Petitioner: Mr. Watson Representative: Bond Engineering b. SKETCH PLAT Forest Oaks Subdivision Petitioner: Jerry Smith and Jim Peacock b. PRELIMINARY PLATS Forest Oak Subdivision PH I and II Petitioner: Jerry Smith and Jim Peacock Representative: Bond Engineering c. PRELIMINARY PLAT Oak Forest Subdivision Petitioners: Jerry Smith and Jim Peacock Representative: Bond Engineering CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. SERVICE AWARDS: Mayor Swaim recognized Commissioners Mark Perry and Lester Piggee for their years of volunteerism to the Planning Commission each having served their terms limits. OPENING REMARKS : 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, Kevin McCleary, Mike Traylor, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT EIGHT (8) , ABSENT ONE (1) . Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. John Harris, Mr. James Mongno, Mr. Jim Peacock, members of the press, interested citizens and petitioners. ELECTION OF 2004 OFFICERS: Commissioner Stroud moved, Art Brannen to serve as MOTION CARRIED. seconded by Commissioner Young to nominate 2004 Chairman of the Planning Commission. Commissioner Montgomery moved, seconded by Commissioner Young to nominate Mark Stroud to serve as 2004 Vice-Chairman of the Planning Commission and Chairman of the Board of Adjustment. MOTION CARRIED. Volunteering to serve from the Planning Commission as sitting members of the Board of Adjustment is Commissioner McCleary and Commissioner Montgomery. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Keaton that the minutes of the 12 January 2004 Regular Planning Commission meeting be APPROVED as presented. MOTION CARRIED. 2003 ANNUAL REPORT: Commissioner Stroud moved, seconded by Commissioner Montgomery to approve the 2003 Annual Report as submitted. MOTION CARRIED. PUBLIC HEARING(S) : a. CONDITIONAL USE of a crematorium located at 1504 Loop Road in a C-2 zone for Jacksonville Funeral Home Chairman Art Brannen opened the public hearing at approximately 7:06 p.m. Petitioner Mr. John Harris related that the request is to locate the crematorium in the Chapel Hill Memorial Park. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:07 p.m. 1 I J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. City Engineer Whisker stated that the crematorium located behind the Funeral cemetery. He stated that he is not aware of uses in other cities. proposal is to have the Horne on property in the of complaints from this type In response to a question posed by Commissioner Montgomery, Mr. Harris stated that he brought with him the equipment representative to answer any technical questions regarding emission or functionality of the crematorium. He related that the crematorium would be for one body at a time and could support up to a 1000 pounds. He then answered that the unit would take approximately two hours to cremate one person's remains, adding that it would only be operated during normal weekly business hours. He then answered that the stack it not detectable, showing photographs of a crematorium that is planned to be the model for Jacksonville Funeral Horne. He stated that in viewing operations in Greenbriar smoke from the stack was undetectable, adding that the only visible sign was the heat element. He related that the one operating in Greenbriar was virtually undetectable to surrounding neighbors. He then answered that there are no odors associated with the emissions. In response to a questions regarding emission, Mr. Harris noted that in comparison to a hamburger restaurant and a diesel truck, the hamburger restaurant has the worse emissions with the . crematorium corning in with the least emissions. He stated that crematorium units have been refined over the years to address emissions and efficiency of operations. He then answered that an 8' privacy fence would be erected around the perimeter of the building, screening the view from the church and school. Commissioner Montgomery moved, seconded by Commissioner McCleary to grant a conditional use to the Jacksonville Funeral Home located at 1504 Loop Road regarding the operation of a crematorium in a C-2 zone. MOTION CARRIED. b. CONDITIONAL USE of C-1 in a C-2 zone at 104 North First Street Chairman Art Brannen opened the public hearing at approximately 7:15 p.m. Owner Mr. James Mongno stated that Robinson Mortuary Services in North Little Rock is interested in leasing the property to be used as a prayer chapel for viewing remains and a consultation office. He stated that all decease preparations would be done at their facilities in North Little Rock. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:16p.m. City Engineer Whisker stated that the property is located north of the new Main Street Bridge, adding that the building was formally used as a church. He then related that parking has not changed from when the 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. building was leased to the church. He noted that two buildings next to the property have been demolished, adding that parking will still be troublesome. He stated that the parking has been along North First Street in front of the building with some parking in the alley and some available to the side the building. Commissioner Stroud questioned if there would be any way to increase the available parking. City Engineer Whisker explained that when the Main Street Overpass was constructed and the buildings were demolished it did not affect parking but the situation is difficult. He then noted that the construction actually opened some parking in the area. In response to a question posed by that there is room to park twenty answered Commissioner Montgomery, for visitation only. Chairman Brannen, Mr. Mongno stated cars behind the building. He then saying the building would be used It was noted that a granted conditional use would only extend to the proposed use of the property. Discussion ensued regarding adequate parking and City Engineer Whisker stated that parking could be a problem if the visitations were full. In response to a question posed by Commissioner Stroud, City Engineer Whisker stated that he did not think the surrounding property would be suitable for reconstruction. Commissioner Young moved, seconded by Commissioner Dollar to grant a conditional use stipulating that the conditional use be extended only to Robinson Mortuary Services and that if the occupancy changes the use would revert back to its original C-2 use. MOTION CARRIED. REQUEST TO APPROVE PLAT (S} : a. REPLAT of Critter Hollow Subdivision Lot SF Mr. Bond stated that Mr. Watson purchased Lot SF of the Critter Hollow Subdivision and has now decided to purchase the adjoining lot and would like to replat the property. He stated City Engineer Whisker has recommended that the property be replatted to one larger lot. City Engineer Whisker stated that if the property were platted as a separate lot there would be curb, gutter and sidewalks requirements. He stated that the plat does not reflect a 7.5-foot easement, adding that the City would require the full 15-foot easement running north and south through the center of the property where the sewer is located. He then answered that the property is located in the flood zone, adding that the City is also requesting an easement along the back of the property to perform any required ditch work and an easement across the corner of the property. 3 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. Commissioner Keaton moved, seconded by Commissioner Montgomery to approve replat as submitted provided that requested sewer and drain easements are provided to the City of Jacksonville. MOTION CARRIED. b. SKETCH PLAT Forest Oaks Subdivision Mr. Tommy Bond noted that the Sketch plat has been revised from what was previously submitted, adding that the main difference is the deletion of one of the two access onto General Samuels and the other being that all the lots on Harris Road have been taken out of the Subdivision. He related that the developer is proposing to make the Subdivision a gated community, adding that emergency access would be provided through one of several methods. He noted that it is understood by the developer that as a gated community the streets and storm drainage inside the gated area would have to be maintained by a property owners association or an improvement district, adding that is the reason for removing the lots that faced Harris Road. He noted that in the lower right hand corner of the development four lots have been reserved as a retention basin. In response to a question posed by Chairman Brannen, Mr. Bond stated that currently there is not another development located behind lots 57, 58, 59, and 60; adding that the property is under different ownership but could be developed in the future. City Engineer Whisker noted that the Sketch Plat features a 25' building line and that the City requirement is a 35' build line, adding that the retention basin is an excellent benefit because of the water coming north from Bushwood Estates and the Fair Oaks Subdivision. He related that because of gate cost the extra access onto General Samuels was deleted. He stated that the subdivision would have two accesses one from Harris Road and one from General Samuels to service a 180-lot subdivision. He noted that when the culdesacs were removed from the previous plan submitted it increased the cost of sidewalks for the north side of the subdivision. In response to a question posed by Commissioner Young, Mr. Bond explained that the retention basin would be a grassy field, adding that his calculations indicate that it would only flood 3' in the worse case scenario. He stated that when it is not raining it would be a good area for children to play. He stated that safety factors regarding when the basin is full has not been an issue given other developments with the same feature. In response to a question posed by Chairman Brannen, Wastewater Department Manager Thea Hughes acknowledged that the West Interceptor line would handle the future growth of the Subdivision. Mr. Bond stated that there is one issue raised by City Engineer Whisker was the 35' setback on corner lots. He stated that he felt part of the problem is the side yard setback and the alignment of adjacent lots. He stated that if a 35' setback is required throughout 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. the subdivision it would mean that the developer would loose a total of six lots, approximating the loss to be $20,000 to $25,000 per lot, totaling a loss of $125,000. He stated that the developer would like to work with the Planning Commission for a compromise without have to go with a blanket 35' setback. He answered Commissioner Dollar, saying that he would like to reduce the setback regarding lots 40, 41, 127, 158, 142, 143, 110, and 100, adding that it does not have to be decided tonight. City Engineer Whisker noted that a corner lot could have a 15' sideyard setback. Mr. Bond stated that that would alleviate the problem and offered that the bill of assurance could define which street face is a sideyard regarding those lots, to keep a house from facing a 15' setback. Commissioner Young stated that he was glad to see green spaces in the subdivision. Mr. Bond pointed out that an additional green area would be located behind lot 33, 26 and 25 where the drain from off the property comes onto the property. He stated that it would have sidewalk access from General Samuels Road. Mr. Bond then stated that he would like to readdress the issue of 25' front yard setbacks. He stated that the cost savings does not mean much to the developer but it means something to the builder and proposed buyer. He stated that there is between two and three thousand dollars in costs regarding the extra driveway length, sidewalk and utility extensions from the street. He related that the buyer ends up financing the difference in the cost of the home. He stated that if the builder did not have to bear the expensive of adding the extra driveway, sidewalk and utility extensions then it is possible that he would add those dollars to improvements or amenities inside the house, offering the builder a more competitive edge. He related that Cabot, North Little Rock and Sherwood already have 25' front yard setbacks. He stated that Jacksonville is at a slight competitive disadvantage because of the costs. He stated that he does not believe most people would realize a visual difference between a subdivision with 25' setbacks and one with a 35' setback. City Engineer Whisker mentioned considerations regarding a sidewalk between lots 95 and 96 and 125 and 124. Mr. Bond noted that there is a school located 400 feet north of the Subdivision and agreed that would be a reasonable consideration. Commissioner Stroud moved to accept the Sketch Plat of Forrest Oaks Subdivision as submitted with a waiver of 35' front yard setbacks to 25' front yard setbacks throughout Forest Oak Subdivision. MOTION DIED FOR LACK OF A SECOND. 5 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. Commissioner Stroud stated that he has reviewed the last Census Report revealing that 85% of the Jacksonville population are high school graduates or more, adding that 52% has a college degree or higher. He stated that what that information tells him is that the population is a little bit more educated in Jacksonville and that there is a momentum and need for more upscale housing. He stated that regarding the class of workers, 76% are private wage or salary workers and that 32% hold sales or office occupations, 25% are management professionals. He related that Jacksonville has had the past perception of being a blue-collar town, but that the statistics show otherwise. He related that Jacksonville does have a population that would buy more upscale houses rather than move to Cabot if they were available. He noted that the width of lots in the Forest Oak Subdivision is 10' wider than the normal 70' lots, adding that a $250,000 home cannot be placed on a 70' wide lot, adding that a 70' wide lot limits the size of the house that can be fit on the lot. He stated that as a Planning Commissioner he feels developers should be offered an incentive to encourage growth of subdivisions with wider lots. He related that another reason he supports a 25' front yard setback for this development is because as a gated community there are only two accesses and the clientele that will be going into a gated community are not interested in front yards but are more interested in back yards. He related that he feels a larger back yard would be another advantage for moving to a 25' front yard setback. He related that he is aware from the Municipal Code that the Planning Commission shall have the duty and function of promoting the public interest in and understanding of the long-term coordinated municipal planning, adding that to him this is a long term ideal. He offered that reducing the building setback to 25' for only this subdivision would offer an opportunity to evaluate its value over the next few years because it will take awhile for the subdivision to develop out. He added that if this development does succeed and upscale housing is moved from the $100,000 level up to the $250,000 level , the Planning Commission has an opportunity to set precedence and build from that. He related that is his reason for encouraging the Commission to go with a 25' front yard setback. Commissioner Keaton stated that before approving a 25' front yard setback he would like to view a subdivision with those setbacks. Commissioner Montgomery expressed his support of Commissioner Stroud's sentiments, saying that he felt it to be a good idea. In response to a question posed by Commissioner Dollar, Mr. Bond offered that the Willow Subdivision in Cabot would be a residential development with 25' setbacks. He then stated that the Willows subdivision has sidewalks, adding that there is no conflict with the shorter setback and the sidewalks. He clarified that the 25' is measured from the right-of-way line of the street to the house so you have only gained 10', which is not big enough to park a second car. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. He added that nearly everyone has a double driveway to park two cars side by side. He stated that he has not noticed any problem in Cabot with parking regarding a 25' setback. Commissioner Stroud moved, seconded by Commissioner Dollar to accept the Sketch Plat with the 25' setbacks as presented, stipulating the construction of sidewalks between lots 95 & 96 and lots 124 & 125. ROLL CALL: Commissioners Dollar, Young and Keaton voted NAY. Commissioners McCleary, Traylor, Stroud and Montgomery voted AYE. MOTION CARRIED. c. PRELIMINARY PLATS Forest Oaks Subdivision PH I and II Mr. Bond stated that the phases are set forth to divide the lots that have been approved for sewer from those that have not been approved for sewer. He noted that the south 15 lots number 1 through 15 are the ones that have been approved for sewer. He explained that originally 28 lots were approved for sewer, but has now been split into separate subdivisions. He noted that that the 13 lots pulled out to make a separate subdivision have been approved for sewer. He noted that Phase I consists of 15 lots from the original 28 lots approved for sewer. He added that Phase II consist of 16 lots and will follow when the West Interceptor line is available. Chairman setback, Road. Brannen noted that the lots adding that he would like to along Harris Road show a 25' see a 35' setback along Harris It was noted that the Plat of Oak Forest ( 13 Lots on Harris Road) would be addressed following the Preliminary Plat of Forest Oak Phase I. City Engineer Whisker presented a color-coded map of the entir~ development explaining the various phases and rephrases of the development as it has revised. He noted that when the developer changed his development scheme to a gated community he revised the subdivision and removed the lots facing Harris Road from the Forest Oak Subdivision because those lots would not be behind the gate. He related that the developer removed those lots to prevent the buyers from having to participate in maintenance cost of interior streets. He noted the red and blue area to be the 28-lots that were originally approved by the Water, Wastewater Department and Planning Commission. Discussion Wastewater scheme and subdivision ensued and it was clarified that neither the Water nor Department have formally approved the new development further that the numbering of the lots as well as a new name has changed regarding the originally 28 lots. City Engineer Whisker noted that lots in Phase I of Forest Oak were previously approved under the originally 28-lot approval and that none of the lots proposed in Phase II being presented for Preliminary Plat approval were previously approved by the Planning Commission, Water or 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. Wastewater Department. He went on to say that the problem with approving Phase II is that the sewer pump cannot handle the capacity until the West Interceptor line is connected. He then added that the Water Department only approved 28 lots because the water line stops short and that until it is looped and connected, the subdivision would not have adequate water pressure. Commissioner Stroud questioned if the Preliminary Plat of Phase II is approved, can the developer go ahead and lay the lines that would also allow Crooked Creek to continue its growth . City Engineer Whisker replied that the Water and Wastewater Departments would have to grant their approval in order to build lines that they would accept. In response to a question from Commissioner Stroud, City Engineer Whisker Crooked stated that Crooked Creek could not expand any further until the West Interceptor line is attached. Mr. Bond stated that all further development hinges on the completion of the West Interceptor line. Discussion ensued regarding a time line for the West Interceptor line and it was noted that the line could be completed in November baring any easements, catastrophes, or bad weather conditions. Mr. Bond stated that he and the developer are hoping to push the Commission on that, so they will not loose the ability to get plans and have something going this summer, to coincide with the development of the West Interceptor. Commissioner Stroud questioned that if the Planning Commission approves the Preliminary Plat of Phase II could the developer lay the lines so that when the West Interceptor comes in, then Phase II is already ready to connect. Mr. Bond replied that is what the developer hopes to do. City Engineer Whisker stated that he does not disagree with that plan, but reminded the Commission that the completion date for the West Interceptor line is at least nine months away. He noted that in the meantime the developer has to invest his money or money from a bank where he is paying interest while he is waiting for the City to connect sewer. He stated that it would be a large investment waiting for the City, in his opinion prematurely. Commissioner Stroud pointed out that it is the developer that is willing to plat the property and invest. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUAR-¥-97 · 2 0 0 4 7:00 P.M. -8:21 P.M. Mr. Bond stated that for all practical purposes Phase II is in, saying that the sewer and water is in, but the street has not been completely constructed yet. City Engineer Whisker stated that with the utili ties not accepting Phase II yet, he would have a hard time with the Planning Commission approving something that both utilities have not looked at and approved, especially regarding the construction. He stated that the perfect scenario is that the developer finish the subdivision and final plat it on the day that the West Interceptor line is being connected so that no money is lost altogether. Mr. Bond stated that the developer does not have a problem waiting for the final plat to coincide with the West Interceptor. Commissioner Stroud pointed out that the final plat would have to be approved before any building could occur which affectively the Planning Commission is just giving the developer the "ok" to begin whenever they want. Mr. Bond added with the understanding that the water and sewer are not accepted. City Engineer Whisker added that water and sewer has not accepted the construction. City Attorney Bamburg clarified that water and sewer have not granted their acceptance. In response to a question from Commissioner Montgomery, City Engineer Whisker stated that approval for Phase I (the blue area) was previously approved under a different development scheme by Lhe Planning Commission after being accepted by the Wastewater and Water Departments. Discussion ensued previous approval of the Forest Oak Preliminary Plat Harris Road) . and it was clarified that the lots that had received were the 15 lots currently being proposed in Phase I Subdivision and the 13 lots now being offered in the of the new subdivision Oak Forrest (lots facing City Engineer Whisker clarified that the proposed Phase II of Forest Oak Subdivision does not have utility approval yet. In response to a question from Commissioner McCleary, City Engineer Whisker stated that the Water and Sewer Departments have both previously approved the blue area (phase I of Forest Oak) and the red area (the 13 lots facing Harris Road newly subdivided as Oak Forest subdivision, later known as Maple Wood Subdivision) 9 ( CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. City Attorney Bamburg clarified that from his understanding, the Water Department has not re-approved the 13 lots facing Harris Road (red area currently known as Oak Forest, later known as Maple Wood) or Phase I of Forest Oak (the blue area) . He related that both areas were approved previously submitted under a different development scheme, adding that the yellow area (Phase II of Forest Oak) has not been accepted by Water or Sewer. City Engineer Whisker agreed saying that only the sketch plat has been approved under the new scheme. It was suggested that the Planning Commission not formally act on the Preliminary Plat Phase II (yellow area) of Forest Oak at this time. Commissioner Stroud moved, seconded by Commissioner Montgomery to approve the Preliminary Plat of Forest Oaks PH I with a waiver of 35' front yard setbacks to 25' front yard setbacks. ROLL CALL: Commissioners Dollar, Young, Keaton and Traylor voted NAY. Commissioners McCleary, Stroud and Montgomery voted AYE. MOTION FAILED. Commissioner Stroud stated that it seems odd to him that there would be any objection to the 25' setback when it was just approved under the sketch plat. Commissioner Stroud moved, seconded by Commissioner Montgomery to accept the Preliminary Plat of Forest Oaks PH I with a 25' front yard setback variance and sidewalks. ROLL CALL: Commissioners Dollar, Young and Keaton voted NAY. Commissioners McCleary, Traylor, Stroud and Montgomery voted AYE. MOTION CARRIED. Commissioner Keaton moved, seconded by Commissioner Dollar to table the Preliminary Plat of Forest Oak Subdivision PH II until the Water and Wastewater Departments have accepted the plans for construction. MOTION CARRIED. d. PRELIMINARY PLAT Oak Forest Subdivision (later known as Maple Wood) Mr. Bond stated that Oak Forest Subdivision consist of the 13 lots that face Harris Road that have been taken out of Forest Oak Subdivision. He stated that Harris Road has a 100' street right-of- way, making it approximately 50 plus feet back from the back of the curb. He noted that Harris Road was set up in the old Ordinance plant as having a 100' right-of-way. City Engineer Whisker stated another concern, mentioning the possible confusing regarding record keeping from having the two adjoining subdivisions named "Oak Forest" and "Forest Oak". He added that he did not feel that it would be a problem regarding emergency response but did feel that it would create confusion regarding construction issues with contractors and sub-contractors involving City inspections. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2004 7:00 P.M. -8:21 P.M. Discussion ensued regarding the possible name confusion of the adjoining subdivisions. City Engineer Whisker clarified that the plat before the Planning Commissi on is 13 l ots from the original 28-lot that were approved by the Water, Wastewater Department and the Planning Commission and re- approved by the Wastewater Department but not yet by the Water Department. He stated that the curb and gutter is almost completely in place, adding that the sidewalk would be next as well as filing in the asphalt between the curb, gutter and the road. Commissioner Young questioned if the sketch plat were approved with a 25' set bac k. City Engineer Whisker responded that it was not, and it was noted that this is the first plat seen by the Planning Commission under the new development scheme. City Engineer Whisker stated that the original preliminary plat before being redesigned and presented tonight were all 35' setbacks. Commissioner Stroud moved, seconded by Commissioner Dollar to accept the Preliminary Plat of the subdivision currently known as Oak Forest Subdivision to be renamed by the developer with any name other than a name containing the words "Forest" or "Oak" and stipulating 35' front yard setbacks. MOTION CARRIED. The Subdivision was later renamed Maple Wood. BUILDING PERMIT(S): GENERAL: Comprehensive Development Plan It was noted that the Comprehensive Development Plan discussed for final approval at the following Regularly Planning Commission meeting. ANNOUNCEMENT: ADJOURNMENT: would be Scheduled Chairman Brannen without approximately 8:21 p.m. objection, adjourned the meeting at Secretary 11 I j JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: AGENDA MARCH 8, 2004 7:00P.M. Regular Planning Commission Meeting February 9, 2004 4. PUBLIC HEARING(S): a. REZONING: 2 Tracts in Eastview Addition PH VI 5. REQUEST TO APPROVE From R-4 and R-5 to R-2 Petitioner: Mr. Tommy Dupree PLAT(S): a. SKETCH PLAT 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Base Commons Addition Petitioner: Greg Heslep Representative: Marlar Engineering a. DRAFT ORDINANCE Mixed Use b. Comprehensive Development Plan OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Mark Stroud, and William Brannen also answered ROLL (6), ABSENT THREE (3). Chad Young, Kevin McCleary, Mike Traylor, Montgomery answered ROLL CALL. Chairman CALL and declared a quorum. PRESENT SIX Others present for the meeting were City Engineer Whisker, Mr. Tommy Dupree, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Young that the minutes of the 9 February 2004 Regular Planning Commission meeting be APPROVED as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 2 Tracts of land in the Eastview Subdivision PH VI from R-4 and R-5 to R-2 Chairman Art Brannen opened the public hearing at approximately 7:00 p.m. Petitioner Mr. Tommy Dupree stated that his request is to comply with the current zoning for duplex lots. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:01 p.m. City Engineer Whisker related that Phase VI was originally designed for duplex lots in the early 80's and then in the mid 80's it was rezoned for trailers and zero lot-lines. He added that Mr. Dupree's request is to return to the original plan with duplexes. He related that the plat had been approved for duplexes by the Plannlay Commission approximately two months ago. In response to a question posed by Commissioner Young, City Engineer Whisker related that the water and sewer were completed in 1985, and at that time, before the streets were accepted, the development was discontinued. He noted that the property has curb and gutter. Commissioner Young moved, seconded by Commissioner McCleary to grant the rezoning of 2 Tracts of land within the Eastview Subdivision PH VI as presented. MOTION CARRIED. REQUEST TO APPROVE PLAT(S}: SKETCH PLAT of Base Commons Addition Mr. David Jones of Marlar Engineering stated that he is representing the developer Mr. Greg Heslep. He stated that the Addition would consist of 239 lots located off General Samuels and Hwy 107. He noted that the property actually fronts Hwy 107. He presented a revision of the plat to address drainage concerns expressed by the LRAFB. He presented the Commissioner with a revised portion of the sketch regarding the upper corner culdesac close to General Samuels. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M . City Engineer Whisker stated that the subdivision will have 75' X 130' lots, pointing out that those dimensions are greater than the City's R-0 requirement of 70' X 120'. He noted that the subdivision is proposed to have two entrances and added that he feels water would be available. He related that he spoke with Mr. Jones about having to mitigate the design because of concerns for water running onto the LRAFB, adding that another issue would be sewer. He explained that the proposed subdivision is just outside the City limits, south of the Jackson Heights Subdivision and east of the LRAFB. He went on to explain that according to the Master Sewer Plan, this property is the furthest northwest corner that is sewerable to the City of Jacksonville. He clarified that the sewer could be hooked onto from the West Interceptor line that is going into the Pennpointe pump station located off Main and Harris Road. He explained that the length would be approximately 1. 5 miles and pointed out that the Jackson Heights Subdivision is the only subdivision in Jacksonville that is on septic tanks. He summarized that the additional water to Air Base and the Sewer are the main concerns. In response to a question from Commissioner Stroud, Mr. Bob Williams of the Jacksonville Wastewater Utility related that the West Interceptor line would be completed sometime around November. He related that the line would go either to Tara Mount or to Pennpointe, adding that the line through Pennpointe has already been upsized. He stated that from the north side of Pennpointe Subdivision to the proposed subdivision would be approximately 1 plus miles, adding that development of the sewer line to the proposed subdivision would have to be constructed by the developer. He related that the West Interceptor line Plans have been sized to handle all properties to the west of Pennpointe Subdivision. Deputy Base Civil Engineer Mr. Lucien Gilliam, offered the Planning Commission a handout listing three main concerns of the LRAFB. He stated that one concern had been the sewer, which may now have been addressed by the change in design. He then asked Mr. Jones if the sewer plant in the southwest corner would handle all of the 239 lots. Mr. Jones answered that he would address that issue shortly. Mr. Gilliam related that after reviewing the subdivision plat, the main concern of the Base Wing Commander was the original location of the package waste treatment plant at lot 120. He stated that the Commander and the Base Engineering Department were not pleased that the effluent would be coming onto the Base. He noted that the effluent would eventually end up in the Pennpointe Subdivision Lake. He explained that even though it may be legal, the stream is seasonal and dries up in July and August so the entire flow of the creek would have been effluent. He added that the new design addresses that and the LRAFB appreciates the developer's concession. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. He then introduced the possibility of flooding due to the Base lake dam breaking, explaining that the dam is located approximately 1850 feet from the north edge of the subdivision at Lot 134. He related that the Corps of Engineers judged the dam a "low hazard dam" under the National Dam Safety Program Act. He explained that the reason the dam was determined to be a low hazard dam was that there was not any developed property to be damaged by a break. He stated that once development occurs downstream the dam moves into a higher hazard category, adding that the Base will need to perform a dam safety inspection and a flood routing study. He noted that the flood routing study would determine how high the water would go if the dam breaks. He stated that the Base has contracted for $40,000.00 with the Corps of Engineers to perform the dam safety inspection and the flood routing study that would take approximately 60 days. He asked the Planning Commission not allow any development until the results of the flood routing study is returned regarding safety and liability issues. He then introduced concerns regarding erosion control. He explained that water coming in from between Lots 131 and 132 runs out of the Base lake, winds around and continues back out at Lot 120, going back onto the Air Base for approximately 1900 feet and then across General Samuels Road and eventually ends up at the Pennpointe Subdivision lake. He stated that the development would significantly reduce vegetation coverage, adding several acres of payment and increasing the speed and volume of runoff water. He stated that the Base is requesting that the developer build storm water retention to help prevent runoff. He related that the National Pollution Discharge Elimination System Phase II requires erosion control and the prevention of dissolved solids in storm water runoff, pointing out that Jacksonville has applied for it's permit. In n;-.sponse t.n a CJnest.i nn pnsP.rl hy Chairman RrannP.n, stated that the study was expected back around May 8th responded to Chairman Brannen, that he anticipates that November before the sewer development is ready to begin. Mr. GilliAm Mr. Heslep it would be City Engineer Whisker clarified that influent is what goes into the septic tank and effluent is what drains out of the septic tank after being processed. He added that ADEQ declares that the process cleans water enough to be released into a stream. He noted that if the stream is dry in the summer, it would be all effluent without having other water mixed into it. He noted that the location of the sewer plant has been changed from lot 120 to the southwest corner of the subdivision, leaving the effluent to go out State Highway 107 and leading it back to Bayou Meto by General Samuels. In response to a question posed by Chairman Brannen, City Engineer Whisker stated that he has not reviewed the flood map because the development is in the County; but estimated that 8 to 12 lots on the northeast corner and some along the east boundary Lots 117 through 120 would be in the flood plain. 3 r I J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00P.M. -8:26P.M. In response to a question posed by Commissioner Montgomery, Mr. Jones stated that once development begins the drainage would be improved. He explained that they would develop concrete trapezoid ditches that would allow the water to be more confined in a smaller area. He stated that as long as the houses are built 1' above the hundred-year flood plain, according to FEMA the lots can be in the flood plain, adding that the property owners would have a reduced rating regarding flood insurance. In response to a question posed by Commissioner Stroud, Mr. Gilliam stated that the LRAFB does not have any concerns regarding residential lots being developed adjacent to Air Base property. City Engineer Whisker concluded his concerns saying that there is a five-lane section proposed on Hwy 107 from the Air Base to Keihl Avenue, adding that he would request right-of-way to accommodate this section of Hwy 107. In response to a question posed by Commissioner Montgomery, Mr. Jones stated that one of the two exits planned off Hwy 107 is located 350 feet to the south side of the high point in the road and the other is 800' from that same point, adding that site distance would not be a problem. ,- Commissioner Stroud addressed drainage concerns and questioned the developer's willingness to develop a common area and a retention area. Mr. Jones stated that the development is planned for three phases. He explained that the last phase would be the area where the creek goes through from the Base and back out. He added that they are asking for approval with the understanding that development of Phase IIl will not begin until the study is completed. He stated that the basic concept approval of the plan would allow them to begin with engineering plans for Phase I. He noted that it would take approximately 2 years before they would begin to develop Phase III. He stated that it would not be feasible to delay the entire project based on the study of the dam. He stated that a retention area would not be hard to plan for, adding that the developer would be glad to accept approval subject to the City Engineers approval of any retention that would be required. He noted that all drainage and sewer plans would have to additionally be reviewed by the various independent agencies. He added that the preliminary plat would address that information more definitely when the engineering work is completed. He stated that the developer has two options regarding the sewer. He related that one is to tie onto the City sewer, which would be too expensive without assistance from the City or develop the treatment unit. He noted that the treatment unit has been sized to handle an additional 239 lots besides the lots in the subdivision. He stated that all ADEQ discharge requirements would be permitted, and the maintenance operators would be State licensed. He related that the discharge point would be Bayou Meto and that maintenance and testing would be in compliance with ADEQ. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. In response to a question posed by Cormnissioner Stroud, Mr. Jones stated that the treatment plant would be approximately 15' X 50' and from bottom to top approximately 9' with 3' being underground. He stated that the unit would be surrounded by a 6' privacy fence and a chain link fence on the inside with a lock. He added that the trees would remain and there would be additional plantings along the privacy fence to dress the area. He related that the unit would not be visible to traffic on the street. In response to a question posed by Cormnissioner Stroud, Mr. Jones stated that the unit is positioned at the lowest point regarding the side that would be discharged and gravitied. He stated that the other side of the ridge, which basically runs across one third of the area from the first entrance to Lot 49, would be collected and gravity to a pump station between Lots 120 and 121 and back to Lot 149 where it would go into a manhole and then gravity back to the treatment plant. He related that it would be a self-contained system, and that there would be no discharge onto the Base whatsoever. In response to a question posed by Commissioner Young, Mr. Jones stated that utility easements would be dedicated to handle sewer maintenance issues, adding that the force main line would be a 3" to 4" line. Mr. Gilliam responded that the Air Base does not have any concerns with the treatment facility that is currently being proposed. Mr. Bob Williams questioned the developer that if City sewer were to become available in the future would the developer have plans to tie into the City sewer. Mr. Jones stated that i L coul<..l l.Je considered at the time of the construction of the last phase. Mr. Williams stated that the reason for the question is because the Wastewater Department has a pump station policy regarding plans and specifications, along with requirements for a certain easement size. He explained that if the system became a part of the City's sewer it would have to be constructed to those plans and specifications. Mr. Jones stated that the developer plans build according to City sewer specifications. He related that if the City did bring sewer to the pump station, then the pump station could be taken out and everything would be gravitied. He stated that he does not believe the developer would have a problem with that, but would like to leave his options open to stay with the system as well. City Engineer Whisker stated that he would accept that the approximately 60 lots that would gravity to the treatment plant, but also believes that part of the preliminary plat would be to ask the developer to annex into the City before approval of a final plat. 5 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. Chairman Brannen commented that if the City asked them to annex would it not require providing City sewer. City Engineer Whisker stated that according to the Master Sewer Plan, from a planning standpoint, it would be best to gravity sewer from the start of the development. He stated that it seems to him that to build your own treatment plant and have the second part of the subdivision pump back to that plant in order to have the effluent flow out to the Hwy 107 bar ditches ~md onto Bayou Meto is not the right way to go. He stated that a gravity flow all the way down to the treatment plant would be ideal. He then explained that the City's Master Sewer Plan allows gravity flow from this location through the Air Base all the way to Pennpointe Pump station and onto the sewer treatment plant at Cloverdale Road. Mr. Jones stated that the developer could sewer the whole site to Lots 120 and 121 if the City sewer is extended to that point. He then noted that the original plan was to put the treatment unit at that point for when City sewer became available, but with the discharge being questioned by the Base, the developer moved the treatment plant to a different location. He related that he did not believe there is any planning or zoning requirements that would make the developer have to tie onto City sewer or annex. He added that in the future, when the City limits reach that point, he is sure the developer would be willing to discuss annexation. He continued saying that at thi·s time the subdivision is not even contiguous with the City limits. He stated that the main reason the developer is before the Planning Commission is that the subdivision is in the City's planning jurisdiction. He added that the subdivision is also in Pulaski County's planning jurisdiction and would be reviewed by them as well. City Attorney Bamburg clarified that the subdivision adjoins the Base and that the Base is within City limits, making it contiguous. Mr. Jones stated that he was unaware that the Base was part of the City limits of Jacksonville. He added that the subdivision is not in the City limits and as such, the project review is strictly on an extra territorial basis. City Engineer Whisker pointed out that the subdivision would be serviced by City water and that typically when a utility extends service out of the City limits they request annexation, which is part of how a City grows. In response to a question posed by Chairman Brannen, City Engineer Whisker stated that he has talked with the Water Department and that they have just completed the installation of a 12" line on the south end of Jackson Heights on the other side of General Samuels to Jefferson Street and that from there it becomes an 8" line and continues by that Subdivision turning into a 2" line at some point. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. In response to a question posed by Commissioner Stroud, Mr. Jones stated that because of a ridge that runs through the property the sewer has gravity on both sides. He added that in order to get both sides to gravity, they would have to plan for that on the front end because once the sewer collection lines are established to the plant or to the pump station the grades on the sewer mains are set. Discussion ensued regarding methods to gravity the entire site, Mr. Jones related that the treatment unit could be replaced with a pump station and the flow could be pumped back up. Commissioner Stroud stated that this would allow a flow to Lot 120 and then the entire subdivision could be on Jacksonville sewer. Mr. Jones stated at that point when City sewer became available that could be done, but right now, the prospect is extremely far away and the costs for the developer to go this alone would be astronomical. He went on to say that in the future the subdivision could be tied on with slight modification to the system by replacing the treatment unit with a pump station and at that point run a small line from the pump to gravity through the other system into the manhole on Lot 52. In response to a question posed by Commissioner stated that the costs to the developer when sewer be the pump station and the small force main. Stroud, Mr. Jones is available would In response to a comment from Chairman Brannen, City Engineer Whisker clarified that Jackson Heights is the only City subdivision on septic tank. He added that cities do not build infrastructure for subdivisions, typically, it works in reverse. He explained that the Sewer Department is currently spending 1. 8 million dollars for the West Interceptor line because of area ~ubdlvlslur1s Lhal were developed and installed various pump stations. He stated that typically the developer establishes the infrastructure for the City. He noted that if there is property in-between the developers can get together and build sewer lines and water lines. He stated that the developer is building on the very outside, but in 20 years when development does not happen in the area, then possibly the City may have to spend another 2 million dollars which would raise sewer rates. Commissioner Young questioned if sketch plat presentation is the point at which the Commission needs to decide what system will be utilized. Commissioner Stroud stated that, in this case, it would because it impacts the Air Base. Mr. Jones asked Mr. Gilliam if their phasing plan would be sufficient to handle the study period and if there are any concerns with the subdivision receiving approval of the general layout and not developing Phase III until the study is completed. 7 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. Mr. Gilliam responded that the phasing plan is sufficient and that the Corps of Engineers has stated that the study would only take 60 days. He stated that if there is a problem there would be 1~ years to address the problem. He added that the main concern was moving the sewer plan to the west corner, which is satisfactory with the Air Base. In response to a comment from Commissioner Stroud, Mr. Jones stated that a common area could be a design consideration for Phase III. He mentioned other consideration regarding flood insurance and the 100- year flood plain. He added that the plans would be in more detail during the preliminary plat phase. He stated that the developer would ask for preliminary plat approval and then present the construction plans incrementally regarding each phase. In response to a question posed by Commissioner Young, City Engineer Whisker agreed that his main concern is the City sewer being tied into and it not becoming a cost factor for the City. In response to additional concerns voiced by City Engineer Whisker, Mr. Jones explained that the plan allows for a 25' right-of-way on Hwy 107. City Engineer Whisker stated that his biggest concern is whether the Planning Commission will adhere to the Master Sewer Plan or allow the developer to dump effluent from their package treatment plant into the 107 bar ditches and then into the Bayou Meto. Mr. Jones clarified that the effluent would not go into the ditches, adding that the developer plans to run a pipe down to Bayou Meto and has already talked to the property owners regarding easements:· In response to a question posed by Commissioner Traylor, Mr. Jones stated that maintenance on the sewer treatment plant would be the responsibility of the developer with licensed operators through ADEQ. He noted that ADEQ would conduct testing four times annually. He added that if ADEQ finds the plant non-compliant and it is not corrected immediately, the fine is $10 ,000 .00 per day, which is a good incentive to keep the plant operating properly. He stated that the residents would pay a sewer bill to maintain and operate the system. In response to a question from Commissioner Stroud, City Engineer Whisker stated that he has a problem with the Master Sewer Plan being ignored. He added that it could go through the Air Force Base , he demonstrated on a map the flow of drainage. He stated that he believes planning ahead is what the Planning Commission is all about. Mr. Jones stated that the through the Base property, through the south line of station force main. site could gravity sewer without going explaining that the sewer could run up the Base and then connects to the pump 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. City Engineer Whisker stated that plan would be even better. Commissioner Stroud noted that the plan would call for the sewer to be pumped to the high point in the subdivision. Mr. Jones responded that it is already being pumped to go into the system and then clarified saying that the Cit y could bring the sewer up or whatever developer has the property could bring the sewer up to that point. He added that when the sewer gets to that point they could disconnect from the pump station force main going over the hill and tie into the manhole at Lot 59 with minimal cost. In response to a question posed by City Engineer Whisker, Mr. Jones stated that typically sewer rates are collected through the Water Department. He acknowledged that the Water Department would retain a fee for collecting. Commissioner Stroud clarified that the current discussion proposes not to take the sewer to Lot 120, but come from the high point and stay off the Base. Mr. Jones agreed saying that it could be accomplished easily, adding that they have already looked at the contours of that area and it could be done. Discussion ensued regarding sewer considerations for Jackson Heights. City Engineer Whisker voiced concern that the City would then become responsible for partially establishing sewe r in Jackson Heights. Mr. Jones related that the developer would build all sewer improvements inside the subdi viti ion arl<.l Lhat it would be dedicated to the City Sewer Department once sewer is established to the subdivision. He noted that it would be developed and maintained at the developers expense until City sewer becomes available at no cost to the City. City Engineer Whisker voiced his support from a planning standpoint to sewer the subdivision according to the Master Sewer Plan. Mr. Heslep stated that if he has to develop such a lengthy sewer line outside his subdivision he would leave the property undeveloped. Discussion ensued regarding the responsibility of cost to develop the sewer line to General Samuels. Mr. Jones stated that he feels the property owners up to subdivision should pay their own part to develop the sewer line. He reiterated that his developer would put in all the infrastructure on his property and then developers down stream would build their part, once it all connects then you would have a viable system. 9 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. City Engineer Whisker questioned the 60 lots on the other side. Mr. Jones related that they could easily be tied back into that system as well. In response to a comment from Commissioner Stroud, Mr. Jones stated that he has a more detailed plan that shows all the manholes and the construction that would be required to tie into the Pennpointe pump station. He added that it is estimated to cost over $290,000 of off- site dollars that the developer would not be able to receive any recuperation . He then added that all the property owners in-between would benefit without paying, which is not fair to his developer. Commissioner Stroud questioned City Engineer Whisker as to when the City plans to develop the Master Sewer Plan for that area. City Engineer Whisker stated Pennpointe to this subdivision needs to get all the way down the situation in this case. that as development reaches from or when the farthest subdivision out to where sewer is available, which is Discussion ensued regarding Jackson Heights as part of the future Master Plan and City Engineer Whisker related that Jackson Heights touches the Air Base at a corner and t hat a small 37-acre parcel is in the area of Lot 59, which is likely for development. Commissioner Stroud noted that as developme nt occurs, the Planning Commission could ask the developer to develop the main line across his rear property and the sewer would have them ready to tie in at this corner. City Engineer Whisker reminded the Commission that the smaller developer could choose to tie onto the proposed system, which would be designed to handle an additional 230 lots. Discussion ensued if the Planning Commission could impose a restriction to that property owner and it was noted that the City does not want subdivisions with their own pump stations. Mr. Heslep stated that it is unfeasible to ask him as a developer to sewer 1.5 miles to benefit the City of Jacksonville and all property owners in between with no benefit to him. Mr. Jones demonstrated on a map regarding the Master City Sewer Plan, that City sewer extensions would be paid by deve ~opers but not all by this developer. He noted the property owned by Metropoli·tan Trust, saying that they develop their own property and do not sell their property. He then noted property owned by Rita Wells, saying that those developers would be responsible for sewer to their property. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. In response to a question regarding the order of development, Mr. Jones stated that each property owner would still have to build and take care of whatever to get sewer. He added that when all pieced together it would be one unit with no pump stations, without the City paying. Commissioner Young clarified with City Engineer Whisker that his preference is that the developer takes the sewer line all the way, to where sewer is currently available. Mr. Jones noted that the cost would be approximately $300,000.00, and that all other developers would benefit wit hout his client being able to r ecoup any of t he cost . He stated that such a requirement would essentially kill the entire p r oject when it can all be taken care of through phases as everythin g i s developed in t hat area. He t hen noted that the amount of lots t ha t are de ve lopa b le in Jacksonville are currently limited. City Engineer Whisker acknowledged that lots are not developable because sewer is not availab le . Mr. Jones stated that if the developer owned all the property he would have to establish all the sewer, but he does not own the property. He added that the City of Sherwood extended an 18" sewer line 2.5 miles to pick up the Miller Crossing Subdivision realizing that it also picked up all the prope r ty in between as well . City Engineer Whisker reiterated that the City is spending 1.8 million to take out four pump stations in that area and to expand the City sewer. In resp onse to a request for clarification, City Attorney Bamburg stated t hat the developer s hould ge t togeth e r wi th t he other property owners and est abl i s h a common pro ject at t heir own cost. He added that he i s unaware if this devel oper has talked to any of the other proper ty owners b ut t hat i t would be a feasible circumstance. He stated that other t h an t hat, i f the parti es choose not to connect to the sewer, there i s an or dinance in p l ace that requires a p r op e rty owner wi t hin 3 0 0 feet to connect, if not t hen a septic t ank is the acceptable means. He added that in this circumstance you have to look at the developer as a property owner that instead of having one lot, has 239 lots and is choosing to develop his own "septic tank". Commissioner Young stated that he believes it is unfeasible to ask the developer to develop that length of sewer line and that as long as his infrastructure can meet Code and tie into the future Master Sewer Plan, that is the direction to move in. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. Commissioner Young moved, seconded by Commissioner Stroud to approve the Sketch Plat of the Base Commons Addition, stipulating that the developer meet with the Wastewater Department and develop a plan that meets Code and also works with the City Engineer during the process including right-of-way issues for Hwy 107 and consideration for the Study being performed by the Corps of Engineers and establish a common area around Lots 120, 121, 132 and 133. In response to a question posed by Commissioner Stroud, Mr. Jones assured the Commission that the developer would meet with the Wastewater Department to assure that everything developed inside the property meets with Wastewater policy specifications, adding that in the future when the sewer is available for tie on, it would be done so at the expense of the developer. Commissioner Stroud then questioned if there was an understanding that the sewer would be pumped to Lot 59. Mr. Jones responded, in the future, yes. Commissioner Stroud noted that the Master Plan asks for a line to Lot 120 across the Air Base, adding that he could envision a savings if the sewer were to go up to Lot 59. Mr. Jones noted that the Master Sewer Plan stops 800' sigh of ~ot 120, adding that it would be better for the City if the sewer does not go onto the Base property. Commissioner Young encouraged a co-development situation ~ith the other landowners. Mr. Jones noted that some of the property owners are holding their property with no plans for development and some are n ot willing to sell their property currently because they are hoping property values will go up in t he area. At this time, MOTION CARRIED. BUI LDING PERMIT(S): GENERAL: Comprehensive Development Plan City Eng ineer Wbisker presen ted t he Master Street Plan, noting one amendment regarding a large commercial parcel a l ong North Ho s pital and James Street. He related that the proposed mixed-use ordinance is part of the Comprehensive Development Plan, adding that the last Plan was a 25-year plan due for update in 2003. He stated that the Plan is still similar with the exception of the proposed mixed-use of downtown that allows for residences and businesses to be in the same area with an overlay district from Elm Street to Sharp Street and approximately two blocks to either side of Main Street . He stated that the 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. Ordinance would make these areas a conditional use request by review of the Planning Commission. He noted that as a conditional use, stipulations could be applied as necessary, citing parking as one of those considerations. In response to a question posed by City Engineer Whisker, City Attorney Bamburg clarified that of the two draft ordinances presented, one creates a mixed-use overlay district, and the second modifies those classification zones that would be affected by a mixed-use overlay district. He related that in order to have a full review and develop approp ria t e ly t here would need to a public hearing held by either the Planni n g Commi ssion or City Council. He added that following the public hearing, the final proposed ordi nances wo uld be presented to the City Council for action a l ong with the Comprehensive Development Plan. He then noted that a legal descrip t ion would be p rovided by City Engineer Whi sker r egarding the a rea for an overl a y distr i ct, explaining that Section Two defi nes the purpose of t h e mi xe d-use overlay and Section Three addresses popul a t i on and de17 e lopment density. He went on to e xplain t h at Section Four r e quir es t ha t any building or construction be comp leted according to the required provi sions, guidelines, and d irectives of the International Building Code , Jackson ville Mu nicipal Code and i mplement s of the Planning Commission. He then related that Section Fi ve lis t what is allowed in the overlay district, adding that one of the main issues he and City Engineer Whisker were seeking additional input regarding parking, which is important to not only the residents but the business owners as well as the patrons. He noted the importance of input from the public hearing from citizens affected by the provisions. He related that Section E provides for the possibility of additional provisions that the Planning Couuul::;::;lon may want to develop that are pe rmi.ssible, prohibited or restricted. He added that Section Six is the Enforcement of Penalties, which is written similarly to the ones recently recommended to the City Council. He noted that the Ordinance would be enforced by Code Enforcement, and addressed through the Jacksonville District Court imposing a fine of no less than twenty- five ($2 5.00) and no more than five hundred ($500.00) for each day that it exist as a separate offense. He stated that the second proposed ordinance creates the provisions as a conditional use under zones R-0, R-1, R-2, R-3, R-4, C-1 and C-2 as those are the property zones that would be affected throughout the general description. Commissioner Stroud moved, seconded by Commissioner Traylor that a public hearing be set for the next regularly scheduled Planning Commission meeting of April 12, 2004 for adoption consideration of the mixed-use Ordinance and the Comprehensive Development Plan. 13 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. Commissioner Young suggested that the Ordinance provide for the desired type of construction for the overlay district that would enhance the focus and promote the goal of mixed-use. Commissioner Stroud suggested that the provisions include types of businesses. Commissioner Young suggested that Commissioners go through the River Market to get a good feel for some of the areas that have retail with residential above. Commissioner Stroud related that business uses would dictate the amount of parking. Commissioner Young related that the general rule of thumb used for condominiums is 1.5 cars per unit. Commissioner Young pointed out that surveyed respondents were in favor of pocket parks in new developments if an existing park is not within a half-mile walking distance. He added that he believes pocket parks would be a great tool when looking at large scale devel opments, making sure the developer meets with the Parks Department to review i£ a pocket park would be a consideration desired by Parks and Recreation. He mentioned the density of large-scale developments and the need for playgrounds to promote the quality of life, adding that it could also be used as a detention area. He then introduced the consideration for rezoning West Main, pointing out that currently from Hwy 67 west to Redmond Road the property is zoned Industrial. City Engineer Whisker clarified that the Industrial zoning is approximately from the Lomanco property to the other size of Redmond almost to Shady Lane. Commissioner Young related that there are a couple of industrial developments in the a rea and while the Commission encourages industrial developme.nts in Jacksonville, Main Street is really a retail strip. He pointed out that there is probably more commercial business than industrial on that end of West Main and a rezoning would encourage commercial business along West Main Street. Thirdly, Commissioner Young presented the concept of scenic corridors, explaining that Little Rock Chennal Valley was established as a scenic corridor, keeping signs and landscaping consistent by establishing certain scenic criteria. He suggested that this an option that the Planning Commission may want to consider if there are any streets or boulevards in Jacksonville seen as potential scenic corridors. He suggested West Main towards Pennpointe, pointing out that when 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2004 7:00 P.M. -8:26 P.M. West Main is redesigned to straighten out the curve at Bushwood it could become a boulevard featuring landscaping in the middle with lanes to either side. He noted that discussion could be presented at the public hearing. At this time, MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without objection, approximately 8:26 p.m. Secretary 15 adjourned the meeting at } JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: AGENDA APRIL 12, 2004 7:00P.M. Regular Planning Commission Meeting March 8, 2004 4. PUBLIC HEARING(S): a. REZONING: 715 Trickey Lane from R-1 to R4 and R-2 Petitioner: Mr. Donald Cargile 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. CONDITIONAL USE: Corner of Loop Road and Military Road C-2 in a C-1 zone Petitioner: Mr. Ahmid Mahmud Representative: Bond Engineering b. Comprehensive Development Plan Mixed-Use Ordinance a. FINAL PLAT Rebsamen Medical Subdivision No. 2 Planned Unit Development Petitioner: Rebsamen Regional Medical Representative: Bond Engineering b. FINAL PLAT Hayley Heights Subdivision Lots 1-13 Pulaski County Petitioner: Byron McKimmey Representative: James Butler OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. Chairman Brannen opened the meeting at approximately 7:04 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Glen Keaton, Mike Traylor, and Mark Stroud answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT SIX (6), ABSENT THREE (3). Others present for the meeting were City Engineer Whisker, Mr. Aaron Robinson, Mr. Chris Baxter, Mr. Joe Lehman, Mr. Tommy Dupree, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Stroud that the minutes of the 8 March 2004 Regular Planning Commission meeting be APPROVED, noting a title correction regarding Commissioner Stroud on page two. MOTION CARRIED. PUBLIC HEARING(S}: a. REZONING of 715 Trickey Lane from R-1 to R-4 and R-2 Chairman Brannen opened the public hearing at approximately 7:05 p.m. Mr. Jerry Johnson of W.J. Enterprise represented Petitioner Mr. Donald Cargile. He added that he is also a real tor with Plantation Real Estate. He related that the purpose of the rezoning is to develop multi-family duplex units. He noted that there is a proposed buyer interested in the vacant property and that he himself is interested in purchasing the front corner piece of the property, as rental property. He stated that the condition for sale is that both pieces would be sold at the same time. Chai.r:mau BL"i:l.IUH::!ll d~k.eu Lha.L Lhe individual rezoning requests be addressed separately. He requested that the Commission firstly address the request to rezone to R-4. Mr. Johnson stated that he requested the R-4 zoning to accommodate a future possibility of developing a duplex behind the existing house. He added that he did not necessarily need to have the property rezoned to R-4. In response to a question from Chairman Brannen, Mr. Johnson stated that he would be willing to stay with the current zoning. He stated that he was only interested in the R-4 zoning for a future development consideration. Following a short discussion, Mr. Johnson stated that he would prefer to remain with the R-1 zoning. He clarified that he is authorized by the owner to amend the request to remain with the present zoning. 1 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. Mr. Johnson then stated that the majority of the property is requested for a rezoning to R-2 for the development of duplexes. He stated that a local contractor is interest in purchasing the property. Chairman Brannen asked if there is anyone to speak in opposition to the request to rezone a portion of the property to R-2. Mr. Nick Sheffield stated that his home faces the vacant property being proposed for rezoning. He related that his adjacent neighbors to either side are Mr. and Mrs. Weatherly, and Mrs. Thorpe. He stated that he is speaking for them in saying that they are opposed to the development of duplexes. In response to a question posed by Mr. Alfred Ellis, Chairman Brannen clarified that only the property mentioned is being considered for rezoning. Mr. Robert Phillips of 900 Trickey Lane stated that his residence is adjacent to duplexes and is opposed because of his own experience with noise at night. He then related that the area already has traffic problems. Mr. Chris Baxter stated that he is speaking for the rezoning. He related that he is the proposed buyer for the property being r~quested for an R-2 rezoning. He explained that the duplexes would be constructed of 100% brick, adding that he owns other rental property on Ruth Ann. He stated that he "runs a tight ship" and does not allow loud music or bothersome tenants, adding that he mostly rents to older residents. He added that he takes care of all the landscaping himself. In response to a question posed by Commissioner Young, Mr ~ Baxter stated that the units are single story, wood frame, and 100% brick with hip roofs. He added that his units are probably some of the best looking rentals in Jacksonville. He then answered that the duplexes would have driveways in the front with enough room for two vehicles in order to keep cars from being parked in the street. With no else to speak for or against, Chairman Brannen closed the public hearing at approximately 7:14p.m. City Engineer Whisker clarified that the property have a private drive that leads approximately 12' wide. residences that face the from Trickey Lane that is In response to a question posed by Commissioner Stroud, City Engineer Whisker answered that the entrance to the property would be a new road. He noted that the property would have to be platted if rezoned. He then answered Commissioner Dollar in saying that Redmond Road and Trickey Lane is becoming one of the higher volume roads in Jacksonville. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. Discussion ensued and it was noted that the surrounding property consist of single-family housing and a trailer park addressed off Hwy 161. City Engineer Whisker then answered that there is a duplex on the corner of Ellis and Trickey Lane and that the current surrounding area property is zone R-1. Commissioner Stroud stated that it is difficult as a Commission to change R-1 zoning to a lower residential zoning, adding that given the number of residents opposing the rezoning he does not feel the request can be granted. Commissioner Stroud moved, seconded by Commissioner Traylor to deny the request and retain the property as R-1. ROLL CALL: Commissioners Traylor and Stroud voted AYE. Commissioners Dollar, Young, and Keaton voted NAY. MOTION FAILED. Commissioner Keaton question the minimum lot size, Mr. Baxter responded that lots are 20' wide along the new proposed street with a zero lot-line. In response to a question from Commissioner Young, Mr. Baxter stated that he would be willing to construct a privacy fence, if so desired by the neighbors. He then answered that he is planning to connect the new street approximately 120' from the existing entrance off Trickey Lane. He noted that the existing drive would be taken out in favor of development of the new street that would be more accommodating to handle garbage collection and emergency response needs. In response to a question from Commissioner Keaton, Mr. Nick Sheffield stated that the three residences that face the property are not opposed to single-family development but are strictly opposed to multi-family development. In response to a question posed by Commissioner Young, Mr. Baxter stated that if the property is not approved for duplexes he would then develop single-family rental. He noted that the lot size would be 60' wide. He answered that he is willing to purchase the property regardless of the zoning and then develop accordingly. In response to questions from Commissioner Dollar, Mr. Baxter stated that he would manage the property and that he had spoken with Mr. Weatherly when the property was being surveyed. Commissioner Dollar stated that there are duplexes in her neighborhood that have worked out well, adding that her understanding is that the neighbors have expressed fear of that type of development and the residents that might move into the duplexes. She stated that whether the property is developed as single or multi-family there is always a risk regarding the type of residents that move into rental property. She suggested that Mr. Baxter discuss his plans with the neighbors and try to achieve a resolution. 3 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. Mr. Jerry Johnson related that the rezoning request is on behalf of the proposed buyer and that the owner does not mind if the property retains current zoning, adding that the owner's objective is to sell the property. He added that given the area, he feels that an R-1 zoning would be a hindrance for the contractor regarding ability to recoup costs through rental income. He then stated that either way the property is developed it would result in an upgrade for the area regarding the development of a two-lane road vs. the current one lane. Discussion ensued regarding Mr. Baxter agreeing to keep the property zoned as R-1 and the recognition of long-time citizens wanting to keep the current zoning of the property. Mr. Baxter expressed his greater desire to have the property rezoned to R-2 regarding proposed development plans. He expressed assurance that the property would be well maintained in an aesthetically pleasing manner. Commissioner Dollar moved to approve the rezoning to R-2 as requested. MOTION DIES DUE TO LACK OF A SECOND. Discussion ensued regarding the developer seeking a compromise with residents in the area neighborhood. Mr. Baxter answered that 22 units would be the maximum number that could be fit onto the :property. He added that he would not be opposed to constructing a privacy fence along the side adjacent to the three residences. In response to a suggestion, he conceded to decrease the number of units from 22 to 20. Commissioner Young offered that the developer and the neighbors seek a compromise. Commissioner Young moved, seconded by Commissioner Dollar to table the item of business until the Regularly Scheduled May lOth Planning Commission meeting. MOTION CARRIED. b. CONDITIONAL USE: Corner of Loop and Military Road C-2 in C-1 zone. Chairman Brannen opened the public hearing at approximately 7:30 p.m. Mr. Aaron Robinson of Bond Engineering stated that he is the representative for Petitioners Mr. Ahmid Mahmud and Mr. Mohammid Lone. He stated that his petitioners are requesting a C-2 use, adding that the property is currently zone C-1. In response to a question from Commissioner Stroud, City Engineer Whisker related that the property to the south of Military Road and west of Loop Road was recently rezoned to C-3 for a gas station. He stated that the property request before the Commission was annexed approximately two years ago and was zoned C-1 at the request of the owner. He added that the owner is now requesting a conditional use for a strip center and restaurant. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:37 p.m. In response to a question from Commissioner Young, City Engineer Whisker answered that a C-2 zoning is more retail friendly including restaurants, shopping malls, and banks. Discussion ensued regarding difficult traffic site issues and City Engineer Whisker stated that he would not disagree with that observation. It was also agreed that the present location for the dumpster should be moved to another area on the property. Mr. Robinson stated that the plan before the Commission is just a sketch regarding the request for a conditional use. He added that nothing is final regarding the parking layout, green areas, or access roads. In response to a question posed by Chairman Brannen, City Engineer Whisker stated that the sidewalk runs parallel to the south line of the First Electric property. He noted that sidewalks would be required for the length of the property being developed. Commissioner Young moved, seconded by Commissioner Stroud to approve the request for a C-2 conditional use as presented. MOTION CARRIED. c. Comprehensive Development Plan Chairman Brannen opened the public hearing at approximately 7:40 p.m. Commissioner Dollar stated that as an employee of M~troplan she feels she should recuse herself from the discussion. City Engineer Whisker stated that the first of two ordinances creates the boundaries by legal description and the second offers the mixed use in the newly created area. City Attorney Bamburg clarified that the second ordinance also sets up the mixed-use as a conditional use within the various zones that would be included in the district. He explained that each conditional use request would be brought before the Planning Commission for approval. Chairman Brannen opened discussion to members of the audience. In response to a question posed by Mr. Tommy Dupree, City Engineer Whisker related that the newly established mixed-use area does incorporate a portion of a previous mixed-use area, which consisted of Vine Street to School Drive to Hwy 161. He noted that the newly established mixed-use area does not extend to School Drive but does cross over Hwy 161 in the Oak and Elm area. He stated that he had informed Mr. Dupree that in order to add to the proposed area another ordinance would have to be introduced at a later time. 5 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. City Attorney Bamburg clarified that amending the present draft ordinance could expand the proposed area. In response to a question posed by Mr. Dupree, City Attorney Bamburg responded that a like use change would not require a new conditional use approval from the Planning Commission, unless there were a specific directive issued to the first conditional that would require the petitioner to do so. Mr. Dupree commented on issues of difficulty regarding a commercial area being proposed in an already established residential area. City Attorney Bamburg clarified that a change of one commercial zone use to a lower commercial zone use would require a rezoning change. With no one else to speak in favor or opposition, Chairman Brannen closed the public hearing at approximately 7:45p.m. In response to a question posed by Commissioner Young, City Engineer Whisker related that the draft proposal has been submitted to the Parks and Recreation Commission and they opted to remain with the current plan established in the Master Parks Plan. Commissioner Stroud reviewed provision 18.23.050 "All residential property shall be oriented in a manner consistent with the majority of residential and commercial properties within the immediate area". He recalled that the study conducted by students of the University of Arkansas had recommended establishing a downtown theme. He questioned if this might be a consideration that the Planning Commission may want add to the draft ordinance regarding compatible architecture. Discussion ensued and it was noted that without an existing theme, specific direction with articulate reasoning would have to be built into the draft ordinance to achieve an architectural theme. It was also noted that the only other avenue would be for the Planning Commissi on to consider establishing an architectural control committee. The consensus of the Planning Commission was to allow the current ordinance to become established before considering further architectural considerations. Discussion then ensued regarding residential parking ratios for the mixed-use areas and Commissioner Young pointed out that typically residential condominiums are 1.5 parking spaces per unit. Mr. Dupree asked the Planning Co:rtrrnission to consider designating the Reed's Bridge Battlefield as a park. City Attorney Bamburg stated that such consideration would need to be addressed under a separate ordinance to be approved by the City Council. He noted that the Comprehensive Development Plan is separate from the overlay district. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. Commissioner Stroud moved, seconded by Commissioner Young to approve the draft Ordinance with the recommendation of 1.5 parking spaces per residential unit in the mixed-use area and recommend final adoption by the City Council at their May 6, 2004. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Rebsamen Medical Subdivision No. 2 Mr. Aaron Robinson stated that Representative Mr. Bond is ill and was not able to attend. City Engineer Whisker r e l ated that the area was apparent ly final platted in 1995 as a p lanned unit development per Mr. Bonds letter. He noted that ·all utili ties were installed and that the Water and Wastewater Dep~rtment believe it to be a part of their system currently. He stated that the only considerations that he can see now versus then is that there is no sidewalks and the Wastewater Department is requesting a 15' easement regarding the sewer because of uncertainty as to the exact location of the sewer. He clarified that the development although it has streets, technically they are not City streets. He added that they exist more as drives to the future businesses and will have to be maintained by those business. He stated that the only sidewalk that would be required is on Marshall Road in front Units 2 and 3 leading from the Lodge to Horizons Clinic. He then explained that Mr. Williams of the Wastewater Department is not sure that the sewer line does not run through Unit #3, so he is requesting a 15' easement regarding the exact location of the sewer to Marshall Road. He noted that while the final plat was approved in 1995, for whatever reason it was never recorded. In response to a question posed by Commissioner Stroud, City Engineer Whisker explained that the configuration of the interior MLreeLs is to provide access to parking for each Unit. He then answered Commissioner Stroud that landscaping would be presented with each building plan. He then explained that the Planning Commission would not necessarily see each building permit as development occurs, but that the Engineering Department would review the landscaping plan along with the site plans. Discussion regarding landscaping ensued and City Engineer Whisker stated that the landscaping would be similar to the landscaping of the Horizons Clinic regarding parking and landscape placement. In response to a question posed by Commissioner Young, City Engineer Whisker agreed that the setback lines are tight, explaining that the plan approved in 1995, apparently under PUD regulations that were a part of the Code Book at that time, allowed smaller setbacks. In response to a question posed by Commissioner Young, Mr. Robinson stated that he was unaware if the proposed building lines would fit the proposed development. 7 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. In response to a question posed by Commissioner Traylor, City Engineer Whisker stated that if the utility easements are not valid the plan would have to be redrawn by stipulation of the Planning Commission. Discussion ensued regarding approval of the final plat without building setbacks and asked each developer to submit a site plan. Commissioner Stroud questioned if it would be a problem to deny the final plat and ask the doctor interested in the lot to come and present a site plan for final plat. City Engineer Whisker stated that he could not answer that question. City Attorney Bamburg clarified that it is possible if that is the desire of the Planning Commission. He then related that the plat is being presented as a final plat for the remaining Units of the Subdivision, adding that it was presented as a preliminary plat in 1995 and received final plat approval for Unit 1 for the Horizons Clinic . He then noted that the preliminary plat approval expired in 1996. Commissioner Dollar noted that if the preliminary plat has expired the plat being presented is not a final plat. City Attorney Bamburg clarified that it is not unless the petitioner wants to amend it to be a preliminary and final plat just to clear the record. Mr. Robinson stated that he would be in favor of making the plat a preliminary and final plat. Commissioner Keaton moved seconded by Commissioner Young to deny as a final plat for Rebsamen Medical Subdivision No. 2. MOTION CARRIED. It was noted t hat the preliminary plat has expired and that being denied as a f i nal plat the developer would need to proceed with one lot development approval . b. FINAL PLAT Hayley Heights Subdivision Lot 1-13 Petitioner Mr. James Butler was not present to represent the item of business. Commissioner Young moved, seconded by Commissioner Stroud to table the item of business until petitioner can be present to represent. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: 8 ANNOQNCEMENT: ADJOQRNMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. -8:12 P.M. Chairman Brannen without objection, approximately 8:12 p.m. adjourned the meeting at 9 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: AGENDA MAY 10, 2004 7:00P.M. Regular Planning Commission Meeting April 12, 2004 4. PUBLIC HEARJNG(S): a. REZONING: Tract of land 5. REQUEST TO APPROVE between McCain Road & Shannon from C-3 to R-1 Petitioner: Mr. Robert Lee Representative: Bond Engineering PLAT(S): a. FINAL PLAT: Hayley Heights Lots 1-13 Petitioner: Byron McKimmey Representative: James Butler 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. PRELIMINARY & FINAL PLAT Rebsamen Medical Subdivision No. 2 Planned Unit Development c. Petitioner: Rebsamen Regional Medical Representative: Bond Engineering PRELIMINARY & FINAL PLAT McCain & Shannon Road Petitioner: Mr. Robert Lee Representative: Bond Engineering d. REPLAT: Tract 1, Part of Plot 6 LRAFB Main Gate Development Petitioner: Mr. Jerry Peck Representative: Bond Engineering e. FINAL PLAT: Maple Wood Subdivision Petitioner: Jerry Smith & Jim Peacock Representative: Bond Engineering f. FINAL PLAT: Forest Oaks PH I Petitioner: Jerry Smith & Jim Peacock Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. -7:43 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, Mark Stroud and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT SEVEN (7) , ABSENT TWO (2) . Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Jim Peacock, and Alderman Stroud, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Montgomery that the minutes of the 12 April 2004 Regular Planning Commission meeting be APPROVED as amended. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Tract between McCain Road and Shannon Drive from C-3 to R-1 Chairman Brannen opened the public hearing at approximately 7:02 p.m. Mr. Tommy Bond related that the property is being requested for rezoning to R-1, noting that four single-family houses are currently located on the property. He added that a five-lot plat of the property is also being submitted for preliminary and final plat approval. He noted that the sewer is available on McCain Road. With no one to speak against the rezoning request, Chairman Brannen closed the public hearing at approximately 7:04 p.m. City Engineer Whisker related that the property owner has decided to rebuild the existing houses, adding that he advised the owner that he would have to rezone the property and plat the property for single- family development. He then answered that currently there is not any commercially zoned property near the proposed rezoning property. He explained that the lots that face Hwy 161 are commercial and the remainder is residential. Commissioner Young moved, seconded by Commissioner Lester to approve the rezoning of a tract of land located between McCain and Shannon Drive as requested. MOTION CARRIED. REQUEST TO APPRO~ PLAT(S): a. FINAL PLAT Hayley Heights Subdivision Lots 1-13 Mr. James Butler stated that the letters of water and sewer acceptance has been forwarded to City Engineer Whisker. City Engineer Whisker noted that the area is located in the County and that he has received letters of acceptance. He then answered that sidewalks were not required at the time of preliminary plat approval. 1 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. -7:43 P.M. Commissioner Keaton moved seconded approve the final plat of Hayley MOTION CARRIED. by Commissioner Montgomery to Heights Subdivision Lots 1-13. b. PRELIMINARY AND FINAL PLAT Rebsamen Medical Subdivision No 2 Mr. Bond stated that the Commission had an opportunity to review the plat last month at the regularly scheduled Planning Commission meeting, adding that the subdivision belongs to the City of Jacksonville. He stated that the Subdivision was planned in 1995 under then existing Planned Unit Development guidelines. He explained that the property is being developed for sell to physicians, pointing out that one parcel was previously sold for the development of the Women's Clinic at the corner of Marshall Road and Braden. He stated that no further action was taken until now, explaining that there is a physician interested in purchasing lot 5 for development of a doctor's office. Mr. Bond stated that when he was asked to prepare a legal description; he suggested that the property be platted. He noted that the inside streets are private and would be maintained by the property owners, adding that the utilities were accepted and have been in since 1995. He acknowledged that there had been some confusion regarding the location of the sewer, but added that the sewer is located, in the proper place, as shown on the plat. City Engineer Whisker related that the sidewalks would need to be planned for along Marshall Road, adding that sidewalks .inside the development along the private streets would not be necessary. Commissioner Lester moved, seconded by Commissioner Stroud to approve the Preliminary and Final Plat of Rebsamen Medical Subdivision No. 2, with sidewalks along Marshall Road. MOTION CARRIED. c. PRELIMINARY AND FINAL PLAT of McCain Road and Shannon Drive Mr. Bond related that the plat consist of five ( 5) small tracts, adding that the improvements are established. City Engineer Whisker noted that the utility company has requested a 20' easement along the north side of the property along Tract 4 and 2. In response to a question posed by Commissioner Keaton, Mr. Bond stated that the 20' easement would not interfere with the north side of Tract 1, noting that the driveway could run parallel to the easement. He then acknowledged that the one-story duplex would be relocated out of the easement. City Engineer Whisker related that the easement was requested in case the utility needed, in the future, to loop a line or connect to the roads. Commissioner Keaton noted that the north side of the single-story duplex is 16' from the property line. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. -7:43 P.M. Discussion ensued and it was noted that a 15' easement would be acceptable. City Engineer Whisker concurred with a 15' easement, noting that the utilities have to be approximately 10' apart. In response to a question from Commissioner Keaton, Mr. Bond concurred that the easement could also be utilized as an access regarding Tract 2. Commissioner Keaton moved, seconded by Commissioner Young to approve the Preliminary & Final Plat of Tracts 1-5 on McCain Road and Shannon Drive with a 15' easement along the north side of the property through tracts 4 and 2. MOTION CARRIED. d. REPLAT of Tract 1, Part of Plot 6 LRAFB Main Gate Development Mr. Bond stated that the property is where the Inn of America is located, adding that the replat will remove the restaurant and administrative building. He related that the restaurant and administrative building would be demolished, leaving a vacant lot for future development. He stated that City Engineer Whisker has requested that the property line be redrawn to run a tangent line to John Harden Drive. He noted that the property owner does not have any objection to the request. City Engineer Whisker stated that the property line would start at the S88, ending at the 04 corner, and then run straight 97. 7' to S88, running diagonally and perpendicular to the freeway. Discussion ensued and it was agreeable to run the line either straight or diagonally to the freeway. Mr. Bond noted that the property was originally platted in 1954 or l C).S."J. City Engineer Whisker noted that the replat would separate Charades and the old pool area. Commissioner Stroud raised, noting that enclosure. expressed concerns the concrete goes for when up to the the edge structure is of the pool Mr. Bond noted that the frame over the pool is a separate structure. Commissioner Stroud questioned the possibility of leaving a 5' area for landscaping. Mr. Bond stated that the setbacks for any future development should address areas for landscaping. Discussion ensued regarding setback concerns and landscaping considerations regarding the existing structure and possible future construction. 3 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. -7:43 P.M. In response to a question from Commissioner Keaton, Mr. Bond clarified that the separate tracts would not have the same ownership. City Engineer Whisker stated that he believes the property is being replatted so the hotel could be sold separately from the vacant lot. Mr. Bond then clarified that lot 2 would have separate access, adding that development plans regarding lot 2 would be reviewed by City Engineer Whisker for a building permit and landscaping approval. Commissioner Stroud questioned if Lot 1R would meet the landscaping Ordinance being so close to the front of the pool enclosure. Mr. Bond noted that the building is 1' off. City Attorney Bamburg stated that a variance would need to be granted for the pool and hotel, adding that if the replat is approved the structures would not comply with setbacks or the landscaping ordinance. Mr. Bond introduced Mr. Tommy Lassiter as the representative of the purchaser of Lot 2R. Mr. Lassiter stated that the proposed buyer does -not have any objection to the property line being run straight to the freeway and added that he would like to ascertain if the Commission has any objection to a future curb cut from John Harden Drive regarding Lot 2R. There were no objections voiced by the Commission. Commissioner Stroud inquired as to Commissioner Young's 'viewpoint of shifting the proposed property line regarding landscape and aesthetic considerations. Commissioner Young noted that from a Code standpoint, any new construction would have to adhere to proper Code setbacks for commercial zoning, adding that it could not be a zero lot-line. City Engineer Whisker related that there would be a 10' rear yard setback for C-3 zoning. Commissioner Stroud noted that the replat is effectively making part of the property a zero lot-line. Commissioner Young and City Engineer Whisker agreed with the assessment. Discussion ensued that the building would have to be approximately 10' from the property line to comply with Code. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. -7:43 P.M. Commissioner Stroud pointed out that the proposed line split is creating a zero lot-line regarding the existing pool enclosure and the existing two-story building. Commissioner Stroud questioned the feasibility of sliding the proposed property line forward. Mr. Lassiter stated that he does not have an issue with sliding the property line, adding that if anyone were to have issue it would be the buyers. He then clarified that the Commission is requesting a 10' front yard setback for the pool enclosure and a 10' rear yard setback for Lot 2R. Mr. Bond further acknowledged that he did not feel the requirement to be a problem. City Engineer Whisker stated that if the property line is moved, he would like to have some assurance that the Charades building would be removed because the new property line would run through the middle of the existing building. He further requested structural assurance that the dome pool enclosure would not be affected by the Charades building being raised. Mr. Bond stated that the pool structure and the Charades building were built at separate times. Discussion ensued regarding where the property line cuts through and it was further noted that the drive through is not a part of the existing structure. City Engineer Whisker stated that he was not certain if the structure was freestanding. Mr. Bond noted that the drive through structure would be coming down. City Engineer Whisker added that the utility company has requested a 20' easement across the north side of Lot 1R and a 10' easement across the north of Lot 2R. That easement request was negotiated to a 15' easement across the north side of both Lots 1R and 2R. Commissioner Young moved, seconded by Commissioner Dollar to approve the replat of Tract 1, Part of Plot 6 LRAFB Main Gate Development stipulating a 10' front yard setback for Lot 1R and a 10' rear yard setback for Lot 2R; a 15' utility easement along the north property line; written non-dependant building structural assurance to the City Engineer; moving the lot line to either perpendicular or diagonal to John Harden Drive and assurances that the Charades building will be removed. MOTION CARRIED. 5 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2004 7:04 P.M. -7:43 P.M. e. FINAL PLAT of Maple Wood Subdivision Mr. Bond related that the street asphalt work has been completed and that all utili ties have been accepted by their prospective Commissions. City Engineer Whisker agreed, adding that he his holding bonds regarding 5' sidewal k construction, t h at is proposed to be 3' off the curb running along the back of Harris Road from the existing sidewalk and almost touching General Samuels. Commissioner Stroud moved, seconded by Commissioner Montgomery to approve the Final Plat of Maple Wood Subdivision as presented. MOTION CARRIED. f. FINAL PLAT of Forest Oaks PH I Mr. Bond stated that this a companion project of the Maple Wood Subdivision, add i ng that PH I is part of the total 28 lots previously accepted by the Sewer Department. He stated that the Subdivision would be a gated community, adding that PH I is the southern portion of t he development. He stated that, hopeful l y, the Sewer Department will finish the West Interceptor line shortly and the developers can continue being able to develop additional lots. He then noted that the entire Crooked Creek Subdivision is almost c ompletely devel oped. He then related that the streets in the Forest Oaks Subdivision are proposed to be private and that the Bill of Assurance directs that as such the property owners in Forest Oaks will maintain the streets. City Engineer Whisker related that he has letters of acceptance from the Water and Wastewater Departments. He reiterated that the streets would be maintained by the property owners and not by the City of Jacksonville because the Subdivision is gated. Mr. Bond stated that a property owners association would maintain both the gates and streets. City Engineer Whisker then noted that he is holding the bond regarding sidewalk construction. He related that the sidewalks inside the Subdivision would be 4' in width, 3' off the back of the curb. Commissioner Keaton moved, seconded by Commissioner Lester to approve the Final Plat of Forest Oaks Subdivision PH I. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: 6 ADJOQRNMENT: CITY OF JACKSONVILLE 1 ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10 1 2004 7:04 P.M. -7:43 P.M. Chairman Brannen without objection 1 approximately 7:45p.m. 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): 5. REQUEST TO APPROVE AGENDA JUNE 14, 2004 7:00P.M. Regular Planning Commission Meeting May 10, 2004 CONDITIONAL USE at 712, 714, 716 and 718 Smart Street classrooms in R-1 zone. Petitioner Mt. Pisgah Baptist Church Representative: Bond Engineering PLAT(S): a. REPLAT: Brown Addition, Lots 12-15 Petitioner: John Barber Representative: Bond Engineering 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. REPLAT: Dupree's East Subdivision Lots 40, 41 & 42 Petitioner: Mt. Pisgah Baptist Church Representative: Bond Engineering c. SKETCH PLAT: Marple Industrial Park Petitioners: Roy Marple, Bob Richardson And Casche Carter Representative: Bond Engineering PRESENTATION by Richard Magee of Metroplan regarding Board of Adjustment and Planning Commission Rules and Regulations. OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. Vice Chairman Stroud opened the meeting at approximately 7: 07 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Glen Keaton, Kevin McCleary and William Montgomery answered ROLL CALL. Vice Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT three (3). Others present tor the meeting were City Enginee.r· Wlll::;k.eL, Mr. Aaron Robinson, 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 10 May 2004 Regular Planning Commission meeting be APPROVED as presented. MOTION CARRIED. PUBLIC HEARING (S) : CONDITIONAL USE at 712, 714, 716, and 718 Smart Street for classrooms in an R-1 zone Vice Chairman Stroud opened the public hearing at approximately 7:09 p.m. Mr. Aaron Robinson of Bond Engineering represented the item of business. He stated that lots 40, 41 and 42 are being proposed to be combined for the Mt. Pisgah Baptist Church Subdivision. He related that the two duplexes on the property would be used for summer camp and after school programs. He noted that the property is currently zoned R-1, but is being requested for Church use. City Engineer Whisker stated that churches and their accessory buildings are allowed in R-1 zoning under a conditi onal use permit. He stated that Mt . Pisgah Bd.I:J Li::>L Church purchased t he duplexes and is requesting a replat for one tract of Church property. He stated that the conditional use is for classrooms and possible future daycare. With no else to speak, Vice Chairman Stroud closed the public hearing at approximately 7:10 p.m. In response to a question posed by Commissioner Dollar, Pastor Craig Collier related that they are over crowded in their present space and are proposing to utilize the duplexes as classrooms for after school programs beginning in September, noting that renovation of the duplexes would not be complete until after school begins. He then added that they might consider use of the space for a daycare in the future. He related that the hours of operation would be when Church is in session on Sunday mornings and Wednesday nights. In response to a question posed by Commissioner Young, Pastor Collier related that the renovation of the buildings would meet City Code, adding that City Inspector Marty Sanady and Fire Marshall Captain Pope have both inspected regarding City regulations. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. He then noted that a licensed and bonded contractor would perform the work according to ADA requirements. In response to a question posed by Commissioner Keaton, Pastor Collier stated that the Church is considering a fence once the renovations are completed. Commissioner Montgomery noted that sidewalks, que s tioning if s idewalks the Church building. the pr opert y does not have any are planned from the duplexes to Pastor Collier responded that from the duplexes to the Church there is a small street. He stated that he does not believe that it is a proper dedicated City street, but added that it has been being used by traffic. Commissioner McCleary questioned if the renovation would cause the cut thru from being used as a street. Pastor Collier replied that the status of the street would be up to the City. City Engineer Whisker noted that the property is bounded by Smart Street, Ray Road, and Church Street on the west side and then on the east side there is a cut through in-between the Church and duplexes that has been used for many years as a street. He explained that over a long period of time when traffic uses an area for vehicular travel it becomes a street dedicated or not. City Attorney Bamburg stated that it would be treated as a prescriptive easement since it is being used in that manner, nowever, depending on construction plans and the recommendation of the City Engineer, the City Council could consider taking formal action to close and abandon. In response t o a que stion posed by Commi ssioner McCleary, Pastor Collier answered t h at p ossibly in 5 to 7 ye ars t he Church plans to demolis h t he d upl exes a nd bui l d a fami l y l i fe center . He stated t hat at such time the Church would possibly consider asking the City to close the street. Vice Chairman Stroud noted that one of the buildings is on a slab and the other is on a pier and beam. Pastor Collier explained that the Church is planning to use the existing structures and construct a breezeway to connect the two buildings. He added that at as far as ha nd i cap access, they are planning to provide ramp access to the first dupLex, which would allow access to the second duplex through the enclosed breezeway. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. Commissioner Montgomery moved, seconded by Commissioner Young to approve the conditional use of R-1 zoned property at 712, 714, 716, 718 Smart Street for church use and a daycare. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. REPLAT Brown Addition, Lots 12 -15 Mr. Aaron Robinson stated that lots 12-15 are being replatted into one tract of property in order to provide for future construction plans regarding a new church. City Engineer Whisker stated that the lots are located on North James between Charles Ray Insurance office and the small stri p center on the other side. He added that both the Water and Wastewater Departments do not have any concerns. It was noted that the property was formerly rezoned to either C-1 or C-2. Commissioner Keaton pointed out that the final plat would need to indicate the adjacent landowners before being signed by the Planning Commission Chairman. Commissioner Young moved seconded by Commissioner Keaton to approve the replat of Lots 12-15 of the Brown Addition as requested. MOTION CARRIED. b. REPLAT of Dupree's East Subdivision Lots 40, 41 and 42 Vice Chairman Stroud noted that the replat is the same property that was earlier granted a conditional use for the Mt. Pisgah Baptist Church on Smart Street. Mr. Aaron Robinson pointed out that the duplexes are encroaching on the lot lines, adding that the replat would consolidate the fJL'UfJt!.Lty under one tract for ownership by the Church. City Engineer Whisker stated that the main reason to replat the property is so that the duplexes could be joined by the breezeway without crossing property lines. Commissioner Keaton noted that the replat needed to show proper landowners and any rights-of-way. In response to. a question posed by Commissioner Montgomery, Pastor Collier answered that there is not a playground planned for the rear of the duplexes. Commissioner Young moved, seconded by Commissioner Montgomery to approve the Replat of Dupree's East Subdivision. MOTION CARRIED. c. SKETCH PLAT Marple Industrial Park 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. Representative Mr. Aaron Robinson related that the property is located on John Harden Drive, south of the U-Pull It Automotive business. He added that it is bounded on the east by John Harde n and Hwy 161. He stated that the cormuercial subdivision would have an entrance from John Harden. Discussion ensued regarding the culdesac length and City Engineer Whisker recalled that the maximum allowance for a culdesac is 7 50 feet. It was noted that a variance would be required, unless the street was carried straight through. Mr. Robinson explained that the street was not carried straight through because of the Junk Yard located on Hwy 161. In response to a question posed by Commissioner Keaton, Mr. Robinson concurred that the access for Tracts 7 and 8 would be from Hwy 161. He then answered that there would be two curb cuts from Hwy 161 to access those lots. Commissioner Dollar noted that some o f t he tracts appe ar to be mos tly easement, Mr. Ro bins on concurred , explai ning tha t i t is becaus e there is no sewe r in t h e area . He explained f u rther t hat s ewer would be provi ded by an under ground septic s ystem. He stat e d that tract 15 would be utilized for sewage for tracts 16, 17, and 14. Commissioner Dollar stated that she was not in favor of a 1,000 plus foot culdesac . Discussion ensued regarding a redesign of the culdesac. Commissioner Young moved, seconded by Commissioner Dollar to redesign the culdesac to meet Code, including input from City Engineer Whisker and to table the Sketch Plat of Marple Industrial Park until the next regularly scheduled Planning Commission meeting. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: PRESENTATION by Richard Magee of Metroplan Mr . Richard Magee of Metroplan related that he had reviewed the last 1995 training session with the Planning Commission and noted that one of t he sections he would be coverin g c oncerns Board of Adj u s tment variances. He presented t he Commissi on wi t h a variance guideline handout . He then acknowl edged t hat it is s ometimes diffic u l t for Planning Commi ssioners who also serve as Board of Adjustment Commissione r s t o take one hat off and put on another. He stated that as a Planning Commissioner, you have a lot more of discretion, such as granting a culdesac length waiver as just discussed in the plat before the Planning Commission. He s tated that Board of Ad j u s tment Commissioners are a c t i ng as a quasi-j udi cial body t hat has a totally different set of f unct i ons and r e sponsibilities . He related that 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. sometimes you get into issues of negotiation as a Planning Commissioner, which cannot be done as a Board of Adjustment Commissioner. He stated that the key phrase to remember with a variance is that it is a "minor exception" with the key word being "minor". He highlighted the issue of how the Board should evaluate a variance being granted. He began by saying that there are typical standards that the regulations require and that as a Board of Adjustment member, Commissioners should be familiar with those regulations. He added that the.r·e 1::; d!l evdluaLlon checklist for when a petitioner request a variance. He stated that firstly the Commissioners should ask if the request is unique; is the hardship caused by zoning standards unique to the property, that is not shared by neighbors nor similar properties. He clarified that "literally" it means that it has to be tied to that specific piece of property. He stated that the effect is the effect regarding the zoning standards to deny a property owner reasonable use of the property. He explained that it does not guarantee that a petitioner can use his property how he wants, but that he is denied reasonable use. He elaborated that just because a petitioner wants to use his property a certain way; he does not have the right to do that but in fact has to adhere to the zoning regulati ons. He introduced Self-imposed issue s , sayi ng t hat he believes this gets more Boards of Adjustment in trouble than anything else. He explained that self-imposed means that the petitioner did not bring the burden upon himself through some action but instead had the burden imposed upon them, further clarifying that it means that it was imposed upon them either by the conditions of the property and/or the City's regulations. He reiterated that it cannot be imposed by the applicant himself, because of something that he has done to cause it to be out of compliance and then ask the Board for a variance. He reviewed Consequences, pointing out that if the Board grants a variance, the variance should not cause any land use or parcel to become uou-conforming. He stated that thio menno thett the Board should not waiver something that causes that piece of property to become non-conforming nor should it be allowed to continue in a non- conforming use. He continued that there are other considerations the Board of Adjustment Commissioners should ask themselves such as "what would the variance do" and if the applicant has shown 1) that the variance is necessary to comply with the general purpose and intent of the zoning ordinance, 2) that the variance will not harm nearby properties, 3) that the variance will not harm people associated with nearby properties, and 4) that the variance will not change the character of the nearby area, which he added is really key to granting a variance. Vice Chairman Stroud questioned how much should the input from people to speak for or against weigh in regarding if the variance would harm nearby property. Mr. Magee stated that information regarding that question would be reviewed on the following page of the handout. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. He continued that 5) is that the variance is the minimum necessary to permit reasonable use of the property. He reiterated that it is very rare that someone would not retain some reasonab l e use of the property even if the variance were not granted. He stated that those factors are key to the Board checking and asking themselves if the variance should be granted. He reiterated that the Board's resp onsibility is to hear appeals from decisions made by the administrative off i cer (zoning officer) and to hear request from the literal provision of the zoning ordinance in instances where strict enforcement of the zoning ordinance would cause undue hardship due to the unique circumstance to the individual property. He t hen addressed Vice Chairman Stroud's questi o n, pointing out t hat regardless o f t he opin ions of the citizens present a t t he public hearing, t he attention of t he decis ion makers mus t rema in f ocused on the standards governing and upon testimony as it relates to those standards . He clarified s ayi ng that i t cannot be j us t because someone likes it or not, adding t h at it is sup p ose to be issues of their opinions on how it relates to the standards. He noted that the handout clearly states, "Thus, petitions for or against some application are merely expressions of opinion and should be considered as such". He then added that separating fact from opinion deals with the Board acting as a quasi-judicial body, explaining that sometimes the Board may have opinions from expert witnesses of experience or education. He stated that it should be considered as an expert opinion bec ause the Boa rd is opera ting as a quasi-j udi ·cable body. He stated that since the Board operates as a quasi-judicial body it should 1) make all documents and exhibits publicly available, 2 ) list the standards in the zoning ordinance being considered regarding the facts relevant to the testimony, 3) the evidence for each of the standards and the conclusion by the weight of the evidence £,or each standard. He pointed out that the Board of Adjustment is acting as a judge and jury in the case of variances. He stated that he felt it important to highlight those considerations because it is often hard for Boards of Adjustment and Planning Commissioners to transition their Planning Commission function into Board of Adjustment function. He stated that the issue of the public opinion should be considered as such and should speak to the facts and standards in which it is to be judged. He added that obviously people need to express their point of view, but even as difficult as it may be for neighbors who may not understand the regulations but try and get them to express an opinion as to the standards which is better than just saying I do not like it or I wish you would not do this. He highlighted a specific case, relating that it was a lega l case from Pennsylvania. He explained that the c.ase addresses the same situation addressed earlier to him regarding a developer's failure to determine applicab le requirements barred use of de minimis doctrine to justify a variance. He went on to say that the case deals with a developer who sought a variance from the Board of Adjustment to allow the corner of a porch to intrude 6 . I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. 1.19' into the setback. He added that although the Board recognized that the intrusion was unintentional, it denied the request because the project superintendent had explicit knowledge of the setback requirements before building a porch. He added that on appeal, the trial court affirmed. It concluded that although the violation was de minimis, moving the corner of the porch out of the setback was not "particularly burdensome." The developer appealed, arguing that once it found that the deviation from the setback requirement was de minimis, the Lrldl cuuLL was required to determine whether rigid compliance with the Code was necessary to protect the public policy concerns inherent in the Code. He stated that the appeals court affirmed, holding that a developer's failure to determine the applicable zoning requirements bars his ability to invoke the de minimis doctrine. He concluded, pointing out that the documents goes on to say that it does not matter whether the developer mistakenly or intentionally violated the Code because "there is a strong policy against assisting landowners without violate a zoning ordinance, whether negligently or intentionally". He clarified that the developer was held to the Code and could not claim that it was a very minor issue and ask the court to overturn the Board of Adjustment's decision. He stated that Boards of Adjustment often get into the very minimal issues and may want to grant the variance, but he cautioned that again because your function is quasi-judicial, then you have to look at the regulations. He stated that one thing he tries to get Boards of Adjustment Commissioners and Planning Commissioners to realize is that sometimes if the City is receiving a lot of the same type of variance requests, it often means that there is something wrong with your ordinance. He suggested that the if that is the case the City should go back and look at their ordinances and determine if it needs to be dmended as opposed to changing it for one pcroon which goes back to equal protection of the law. He elaborated saying that if the Board is allowing one person to do something that can be problematic, but if you are receiving the same request over and over, you probably need to look at your zoning ordinance and consider modification to provide that same opportunity for everyone to do the same and have that same advantage. In response to a question from Commissioner Dollar regarding like variance request and the difficulty of the Board to deny any second request, Mr. Magee stated that the Board would have to determine by looking very closely at the case facts and document that, adding that the Board would have to consider those facts in the first case and see if they are in fact the same or different from the second case. He stated that if you determine that they are similar then you would have legitimate concerns as to whether you are going to have problems denying the second request. 7 ( I l CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. Vice Chairman Stroud questioned, how relevant past cases would be in dealing with the public bringing in extraneous information. Mr. Magee related that he believes that is why the Board has to be very diligent in their deliberations in looking at the facts of each case. He went on to say that as a Board you cannot prevent people from bring up past cases. He added that it should not necessarily determine your action regarding the present case, unless the Board has been grievous in granting variances, which would create legitimate problems . He then added that having said that, I constantly see in legal cases where because a city via the Planning Commission or the Board of Adjustment has made a mistake in the past it does not mean you have to continue that mistake. He stated that the Board can turnover a new leaf and declare that they are not going to grant any future variances unless it is strongly proven. He related that he believes that is often times the case where the Board feels like they have to almost justify the case for the petitioner, adding that it is the responsibility of the petitioner to prove his own case. He reiterated that the Board does not nor does anyone else need to justify the case, the petitioner must make his own case as to why that variance is necessary for him and still not in fact violate the ordinance as written. In response to a comment from Vice Chairman Stroud, Mr. Magee stated that the Board should make its decision based on the facts presented, not on what you may know outside or beyond the meeting, but only on what is presented at the time of the public hearing. He related hat other information can be made known at the public hearing as a matter of public record. In response to a question from Commissioner Dollar, Mr. Magee agreed that the Board of Adjustment does not have as much leeway as the Planning Commission. He added that the Board of Adjustment needs to stick very, very closely to the zoning ordinance and the way it is written. He reminded the Commission that it does not mean that the ordinance cannot be changed but as far as the Board of Adjustment, it is your responsibility to enforce the regulations, not to modify them but to interpret the application. He reiterated that unless there is an undue hardship to that piece of property , whether it is physically, topographically, or something unique to that property that precludes them from reasonable use of their property then you should not grant a variance. In response to a question from Vice Chairman Stroud regarding the information to be weighed regarding tbe presentation of facts for and against, Mr. Magee stated that the Board should go back and ask those questions; is it unique, what is the effect, it self-imposed, and what are the consequences. He stated that often times issues are self- imposed or the petitioner claims economic hardship. He related that economic )1ardship is not a legitimate reason to grant a variance, relating that , again, it has to be tied to the property not economic 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. issues. He pointed out that the petitioner still has reasonable use of their property, although it may cost them more to do so. In response to a comment from Commissioner Dollar demolition of a fence or a porch, Mr. Magee commented years he has seen many such cases. He recalled a petitioner built a $10,000.00 brick fence that was property line and the Board of Adjustment did not grant He stated that the petitioner had to actually tear down reconstruct it in the proper location. He noted that example for a case of economic hardship but added that to look at the consequences of making that decision and replicated over and over again. regarding the that over the case where a 2' over his the variance. the fence dilt.l to be a good the Board has then it being Commissioner Dollar stated that what may have bothered her the most when she was on the Board of Adjustment was issues where the variance was only slight and if not granted it would create problems for the petitioner, but acknowledged that as Mr. Magee had pointed out it was not the Board's fault. Mr. Magee agreed, saying that is the reason self-imposed issues arise. He clarified that a good example of a condition imposed upon a petitioner would be if a lot was created at some point in the past and a new zoning ordinance was adopted and the lot did not configure to the new zoning ordinance. He related that this might be a case where he cannot physically meet the requirements of the new zoning ordinance. He went on to say that it would be a legitimate case because it was conditions imposed upon him by the new zoning ordinance, not a case of his building something and ignoring either intentionally or unintentionally the regulations and then asking for a variance because he has done something to cause the violation. He related that another example would be d Cd!:H::! where there is a steep slope on a lot and because your setback requires it is topographically impossible for him to meet the setback requirement and still have reasonable use of his property. He added that might be a case where the Board would grant a setback variance a certain number of feet to allow reasonable use of the lot. He reiterated that physical conditions of the plat are in the zoning ordinance. He urged that the Commissioners use the checklist to see if the property meets those conditions to ensure the right decision. The Planning Commission thanked Mr. Magee for his presentation. ANNOUNCEMENT: 9 ADJOURNMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2004 7:07 P.M. -7:55 P.M. Vice Chairman Stroud without objection, adjourned the meeting at approximately 7:55p.m. Respectfully, 10 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE AGENDA JULY 12, 2004 7:00P.M. Regular Planning Commission Meeting June 14, 2004 REZONING of 900 Madden Road from R-1 to R-3 Petitioner: Brad Medlock Representative: Michael Clayton, P. E. PLAT(S): a. FINAL PLAT: Crowder Industrial Subdivision 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Petitioner: City of Jacksonville b. SKETCH PLAT: Marple Industrial Park Petitioner: Mr. Roy Marple Representative: Bond Engineering c. PRELIMINARY PLAT: Forest Oaks PH II Petitioners: Jim Peacock, Jerry Smith Representative: Bond Engineering a. Cloverdale Road Petitioner: Deweese family Representative: Bond Engineering Southwest Jacksonville conceptual transportation network for the proposed Legacy Development b. Proposed West main Relocation Western Hills to Fair Oaks OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M . -8:27 P.M. Chairman Brannen opened the me eting at approximately 7:10 p.m. expressing appreciation for those in attendance. ROLL CALL : Commissioners: Chad Young, Bobby Lester, Glen Keaton, Kevin McCleary, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT six (6) , ABSENT two (2). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Tommy Dupree, Mr. Lar.ry Dupree, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Lester that the minutes of the 14 June 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING of 900 Madden Road from R-1 to R-3 Chairman Brannen opened the public hearing at approximately 7:13p.m. Mr. Mike Clayton stated that he is acting as Mr. Brad Medlock's representative. He stated that the request is for the f ront 300' of 900 Madden Road, to continue with the construction concept of four- plexes granted on the C-1 property approximatel y a year and half ago. He stated that Mr. Medlock is proposing to build two four-plexes for a total of eight units. Chairman Brannen offered anyone wishing to speak in opposition to address the Commission. Mr. Robert Houston of 2 613 Linda Lane related that there is a 14' easement behind his property and that he does not want the property "torn down". Mrs. Cynthia Houston of 2613 Linda Lane stated that she and her husband pu rchased the home a year ago and e~joys the peace a nd quiet of the neighborhood . She stated that she fee l s the development will ruin t hat , addi ng that she is not well and the devel opment will defeat the purpose of why they purchased the home. She stated that when they purchased the property they were told that they would be responsible for the 14' easement behind their rear fence, adding that if a child were hurt on that por tion of the property, they would be r esponsible. She stated that she and her h usband do not have the mo ney to be responsible f or laws uits . She cone ! uded saying t hat s he a nd her husband are opposed to the rezoning. Mr. Joe Williams o f 812 Madden Road stated that he lives adjacent to the property being proposed for rezoning. He stated that he moved there approximately three years ago before the construction began, 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. adding that since the construction has completed he has noticed a lot more traffic and noise coming from the development. He stated that if the development were allowed to go forward to Madden Road it would completely b l ock the sunlight to his property. He added that instead of having ·tlJ.e field as a view he would have the baeksi.de of a townhouse. He concluded saying that he is definitely opposed to the development. With no else to speak, Chairman Brannen closed the public hearing at approximately 7:17 p.m. City Engineer Whisker clarified that the C-1 portion of ·the property was granted a conditional use for the development of apartments, adding that the front 300' is zoned R-1 . Be stated that in speaking with Mr. Medlock's engineer, he had related that the land use o£ the property is residential and that any change of zoning should be kept to a residential classi£ication not commercial. In response to a question posed by Chairman Brannen, ci-t y Engineer Whisker answered that the property in question is not geographically related to the property that the Arkansas Highway Department was previously interested in . He added that the property the Highway Department was interest in was recently proposed for mini warehouses by Mr . Medlock. He stated that the Highway Department has since purchased that property . He then related that the current area for proposal is the front 300' of Madden Road going north into the existing apartment complex. Commissioner Stroud stated that he had read in the minute history that the Fire Department was working with Mr. Medlock concerning the development of an 1-shaped turn around at the end of the complex to dCconunodate fire equipment und trucks. He noted that the 1-.shapP.rl turn-around has not been constructed. Mr. Clayton stated that to his understanding, before the building permits were obtained, Mr. Medlock had worked with the Fire Department regarding an agreement to allow ingress and egress from the glass shop on T.P. White Drive. He added that he believes conditions have changed since the development occurred regarding situations on T. P. White Drive. He recalled that plans were submitted to the Fire Department and that to his and Mr. Medlock's understanding there were no objections. Commissioner Stroud pointed out that presently there is no room for the pumper truck to turn around at the end of the pavement in the complex. City Engineer Whisker recalled that at the time, discussion with the Fire Marshal was that the truck could use a gravel drive located at the concrete's end to turn around. 2 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. In response to a question posed by Commissioner Stroud, City Engineer Whisker explained that that after a rezoning request to R-3 was denied for the C-1 property where the apartments were developed, a conditional use was requested and granted in a later Planning Commission public hearing. Commissioner Stroud noted that previously Mr. Medlock had stated that within a ·1,-,j mile radius ·there is approximately 50% rental property, adding that was not a statement supported by local residents of the area. He questioned the rental ratio within the 1,-,j mile radius of the area. Mr. Clayton answered that he was not certain of the area ratio regarding rental property, adding that he was not present when the statement was made at the previous Planning Commission meeting. In response to a question posed by Commissioner Stroud, Mr. Clayton stated that to the best of his knowledge fol lowing area single-fami.ly development there is also undeveloped property immediately to the east, single-family to the west and the school and single-family with rental to the south. He noted districts wit h R-2 and R-3 down the right hand side of Madden Road. Commissioner majority of residences. Stroud asked if the concluding sentiment the neighborhood could be considered is that the single-family City Engineer Whisker stated that he was not certain of all properties included in the ~ radius but noted that Green Acres and Hamil ton trailer parks are rental. He added that up from the trailer parks is mostly single-family wit h Linda Lane Apartments and the two gray apartments on Madden Road. He then noted that there is also rental property at the end of Madden Road near the church and some on the side streets. In response to a question posed by Commissioner Young, Whisker related that the residences facing Linda Lane side of Madden also back up to the existing apartments. City Engineer on the north In response to a question posed by Commissioner Montgomery, City Engineer Whisker related that the rear yard setback for apartments is 25' regarding the proximity to the proposed development to the rear yards of the residences on Linda Lane. Mrs. Houston voiced concerns for fire safety and protection for her property. Commissioner Stroud pointed out that according to the development history, the neighborhood presented the Planning Commission with a four-page petition against the development . He noted that in the 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P .M. -8:27 P.M. Compr ehe ns ive Development Pl an under R-1 zoning it s t ates its p ur pose is "to p r ovide zon ing protection p r evention encroachment in order to create a clima t e of confi dence and certa int y in the minds of the homeowners about the continuation of the r e sidential neighborhood in order to protect private investment." He stated that in listening to the concerns of the ne i ghbors, he would like to point out that while the pr operty cur r e ntly has apa rtme nts; there is single-family both up and down t he s treet from the pr oposed location on Madden Road. He stated t hat he [e e ls it wou ld be i ncongruous to set R-3 in thP mirldle of an R-1 area . He voi c ed c oncer ns for future area development of single-family if the development is allowed to proceed up to Madden Road. Commissioner Young stated t hat he would have to agree, saying that the view of the side of a four-plex driving down Madden Road would not be congruent to the n eighborhood. He went on to s a y t hat he feels the use of the back portion of the l and is a cceptable given t he size of the property and its location next to comme r cial p r operty. He then stated that h e would like to see the front 300 ' develop more in scale with the neighborhood, even if it were duplexes or a small rental house that faces Madden Road. Commissioner Keaton questioned if the shape of the property might present a hardship for single-family development. Commissioner Young agreed that there would proba bly only be room for one single-family bouse o~ a nice duplex to f a ce Ma dden; which would be the gate way to maybe one four-plex b ehind t he house . He note d that it would r e qu ire a s ubdi vision of t he front 300 ' r egarding zoning. Commi ssioner Stroud aske d Mr. Cl ay ton if Mr. Medlock would be open to t be i dea o f subdividi ng t he property, bring R-1 c loser to Madden Road b ut leave the initial front of the pr op erty f or s i ngle -family de ve l opme nt. He then complimented Mr. Medl ock f or developing and maintaining a nice development. Mr. Clayton stated that he is not sure how a single-family development on the front of the property would fit into Mr. Medlock's plans; adding that he feels Mr. Medlock would be willing to adjust the setbacks further from Madden Road and provide heavier landscape reg arding the t wo buildi ngs being proposed. He went on to s a y that t he majorit y of r e s idents i n t he apartments are Milit ary p er s onnel; a dding that he feel s t h a t is Mr . Me dlock's will continue t h a t trend. He pointed out that t here i s also a police officer living in the complex to maintain a secu rity pre s ence. He noted t hat one unit would b e reserved f o r a live-in mana ger of the complex. Commissioner Keaton questioned how close the four-plex would be Madden Road. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. Mr. Clayton stated that he was not sure, e xplaining t hat they have not moved to the next stage of laying out the plot plan. He stated that at this point they had planned to meet the minimum setback requirements. He added that if there is any room he would be glad to move them as far away from Madden Road as possible. Commissioner Stroud stated that he was interested in seeing R-1 on the frontage to Madden and then a four-plex behind that. He related that he would like a guarantee on the plan before the Planning Commi ssion takes formal action. He then stated that he would like to be able to address these issues with Mr. Medlock being present. Chairman Brannen stated that he feels the item should be tabled until Mr. Medlock can be present to answer questions regarding development and zoning considerations. Commissioner Stroud moved, seconded by Commissioner Young to table the rezoning request until the next regularly scheduled Planning Commission meeting in August when Mr. Medlock can be present. MOTION CARRIED. Commissioner Young suggested that a sketch be provided to aid in the discussion. REQUEST TO APPROVE PLAT ( S) : a. FINAL PLAT Crowder Industrial Subdivision City Engineer Whisker related that the City of Jacksonville has sold one acr e of a 72-acr e tract and is requesting the final plat be approved to compl ete t he sale. He added that t h e p roperty already has water and sewer . He noted that the property is located on General Samuels . Mr. Bond stated concerns for street and sidewalk improvements. City Engineer Whisker stated that if sidewalks are required would comply, adding that the City has not required any improvements along General Samuels in that area at this time. answered that sidewalks could be made as part of the Master Plan. the City sort of He then Sidewalk Commissioner Lester moved seconded by Commissioner approve the FINAL PLAT of the Crowder Industrial presented. MOTION CARRIED. Montgomery Subdivision to as b. REVISED SKE.TCH PLAT of Marple Industrial Park Mr. Bond informe d the Commission that they had viewed the Sketch Plan one month earlier. He recognized that t he Commission had voice concerns regarding the length of the c uldesac, addi n g t h at Mr . Marple has expressed concerns about tying i nto t he old Highway because of the traffic it would generate. He then related that Mr. Marple would be 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. willing to do that with a phased development where the street would be tied in at the last phase and temporary turnarounds would be provided until the street was developed through. In response to a que stion posed by Commissioner Keaton, Mr. Bond stated that access from tracts 6 & 7 would be onto Hwy 161. In respons e to a question posed by Commis s i oner Stroud, Mr. Bond related t h at the developer is interested in d~vel oping the lots from John Harden Drive going back because he feels those on John Harden have the greatest appeal for development. Discussion ensued and City Engineer Whisker related tha t the Fire Department has not reviewed the concept of temporary turnarounds fo r the development. Mr. Bond related that the lot scheme is laid out to comply with Wayne Richardson's plan for individual sewage. Commissioner Keaton moved, seconded by Commissioner Montgomery to approve the Sketch Plat of Marple Industrial Park as revised and submitted. MOTION CARRIED. c. PRELIMINARY PLAT Forest Oaks PH II Mr. Bond related that this phase is the north end of the subdivision consisting of seventeen ( 17) lots; he continued that the sewer lacks approx imately 350' to service t he phase. He s tated that the street is paved up to the lot line and. the wa t e r line is a lso extended up to that p oint . He noted that t he Se wer Commis sion would be accepting bids tomorrow rega rding the West Outfall Line that will dele te the pump station on Main St reet . He stated that the developer is asking to proceed wi. Lh ·t he utility work; adding that it is n ot anticipated to be ready to return t o t he Planning Commission for a f i nal until September or October. He added tha t by then the outcome of the West Outfall Line should be known a nd defined by the Sewer Commission. He stated that the developer is willing to accept that liability to be able to proceed with the utilities during the good weather season. City Engineer Whisker stated that development after Maple Wood and Phase I of Fo rest Oak was stopped because of the lac k of wastewater being able to be pumped by the pump s-tation at Main Stree t and the inadequate water until the two lines on Harris and General Samuels are brought together and loope d. He stated that the Sketch Plat has not been before either utility and t he City Attorney has caut i oned him about presenting a plat that had not been through Wate r and Wastewater. He went on to say that the bids are being considered tomorrow and will be presented to the Sewer Commission on Friday. He stated t hat his underst anding is that the bid is 150 days, which will make it December 30 h regarding t he completion date at the West Main pump s t a ·t:ion . He stated t hat any sort of acceptance, as the City 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. Attorney would most likely agr e e , would be a r isk on t he part of the City. Secondly, he pointed ou·t that if the Planning Commi ssion does approve the request the owner would have to recognize the liability to obtaining a f i nal plat would be either upgr ading the pump station to maximize capacity and lines or wait for the West Interceptor line to be finishe d and accepted. As well as the Water Department accepting the looping of the lines. In response to a question posed by Chairman Brannen, Mr. Bond answered that tabling the plat for 30 days would not be a problem. He explained that they are trying to hit the construction season. Commissioner Montgomery moved, seconded by Commissioner Young the PRELIMINARY PLAT of Forest Oaks Subdivision PH II until regularly scheduled Planning Commission meeting in August. CARRIED. to table the next MOTION BUILDING PERMIT(S): Cloverdale Road/Petitioner the Deweese Family Mr . Bond stat ed that this is a 5 .17-acre tract of land that was sold to the De weese Famil y , a dding that they want to build a single-family house on the property f acing Cloverdale Road. City Engineer Whisker related that the seller separated a 10-acre tract into t wo 5-acre tracts , whi ch does not require being platted and are asking for a metes and bounds b uildi ng permit. He p o i nted out that t hey would no t h ave to bui l d cur b, gutter and sidewalk or sewer if it is not ava ilabl e to t he property. He added that water is availabl e and can b e connected . He then answered t hat the property is located inside the City limits but does not have s ewer . Mr. Bond noted that the sewer is located at Vale~ine at the intersection. Commissioner McCleary moved, seconded by Commission Keaton to approve the metes and bounds building permit on Cloverdale Road for the Deweese Family. GENERAL: a. Southwest Jacksonville Conceptual Transportation Network for the proposed ~egacy Development City Engineer Whisker related that the adopted Master Street Plan did not c ompletely inc l ude the Lega c y Development featurin g major transp ortation corridors that would connect to t he Master Str eet Plan. He stated that the Planning Commission would need to make that recommendation to the City Council to be adopted b y Or dinance . Mr. Larry Dupree familiarized the Planning Commission with the project. He presented an aerial photograph and related that the initial layout was designed by J::dward D. Stone and Associates. He stated that they are looking at developing all four quadrants of the 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. intersection soon to be Interstate 440 if it continues through in the very short future to Interstate 40 and 430 Interchange at Crystal Hill. He related that in the southwest quadrant, they are looking at developing an office campus type setting with a golf course possibly around the exterior or perimeter . He r ·elated that they would develop watercourses and are looking at tying that quadrant i nto the frontage road to connect with Keihl Avenue . He related that the Highway Department previously had a proposed overpass/interchange, adding that this particular traffic pattern would flow from Kiehl Avenue into the project area through the area of 4 4 0 going west and it wouJ.d be between Oneida Street Interchange and the 440 with 67 Interchange . He stated that particular arterial would feed north through the northwest quadrant featuring malls , a mlxed-use area with multi-family housing, school properties, fire and police stations. He stat·ed that one of the s treets would go 'north and come out on West Main Street where the S-curve is located. He then stated that the other northbound street is proposed to go by the weight station, parallel to 67 and come out near Municipal Drive on Redmond Road . He related that in the north and east quadrant they are considering developing that street as a City street from 161 up through the Landfill property parallel 440 then transition to 67/167 and parallel it toward South Redmond Road. He stated that this particular concept would incorporate a full interchange near the weight station. He noted that in that particular area they are considering developing commercial and office type buildings adding that would bring the traffic that normally goes to Keihl Avenue along the frontage road to Two Pines Landfill. He stated that traffic would be diverted from that section back to the City street that would go from 161 on the east side of 440 and 67 to South Redmond Road. He related that in the southeast quadrant they are proposing golf courses and possibly hotels, motels. He noted that would tie into Jacksonville to the south and west all the way back up to Redmond Road by using Oneida Street as one of major thoroughfare on that side. He stated that he believes that as the increase of traffic into and through Jacksonville as 67i/167 gets nearer to being Interstate 30 that this arterial network would help move traffic through the City. He then produced a conceptual layout of the local streets, parks and bike ways that are proposed to tie into the proposed walkways that will go from the River Market to Conway and from the River Market through Burns Park and into the Northbel t and then parallel all the way into this development and ultimately over to Reed's Bridge Battlefield Park. In response to a question posed by Commissioner Montgomery, Mr. Dupree stated that the concept of a college would be very desirable but would depend on funding, adding that there is enough property for that concept. In response to a question posed by Chairman Brannen, Mr. Dupree stated that hydrology engineering has been performed on the property based on the concept of excavating and creating detention lakes, adding that 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. the water will be used to irrigate landscaping around the site. He stated that the water may need to be supplemented because the study did not completely satisfy what would be the actual usage. Discussion ensued regarding the frontage roads becoming one-way, Mr. Dupree stated that if so, the traffic on the south and east side will come from Keihl Avenue and would still be circulatory. He then explained how the traffic would flow from the southwest quadrant to the northwest quadrant, saying that an underpass or overpass would be constructed. He stated that the design would feature a two-way overpass with one-way frontage roads. He then stated that the interchange at Oneida would be a full interchange and would probably be on the west side of Oneida Street. City Engineer Whisker explained the interchange, saying that if approved it would become a part of the City Master Street and part of what Metroplan uses regarding what they plan for in areas. He explained that Metroplan reviews a city's Master Street Plan and Land Use Plan for future development considerations. He stated that by adding these roads it aids Metroplan in deciding what they need to do to consider growth. Mr. Dupree then related that the interchange at the weight station would be a full interchange. He added that the design considered for widening 67 to six lanes dead ends at South Redmond Road, adding that if the Highway Department can be convinced to take those six lanes over the railroad tracks to West Main Street then the interchange can be developed south of the existing Redmond Road and incorporate all traffic flow from 161 up to Municipal Drive. He then noted that the original design was six lanes including the interchange. It was noted that entrance and exit to Redmond Road would be moved back to the location of the weight station. He explained how the frontage road would tie into Dupree Park and the landowners involved. City Engineer Whisker related that the roads for consideration are the frontage roads next to the freeway and then the north/ south interceptor leading from Main Street at Emma, which would then become the road that leads into the top of the circle. He added that then it is the frontage road coming from Oneida south into the radio station frontage road and then the frontage road from Municipal coming around and leading back into the Oneida. In response to a question posed by Commissioner Stroud regarding the affect the completion of the Northbel t freeway would have on the project, City Engineer Whisker the conclusive location of the Northbelt has been chosen unless come route has drastically from here to 107 been changed. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. Mr. Dupree stated that the center section of the Northbelt alignment, called 1-A is the part that is in question and that leaving this intersection of 440 and 67 going west, the Highway Department has already acquired almost all of the rights-of-way to Oneida street. In response to a question posed by Commissioner Montgomery, City Engineer Whisker related that there are still problems with the route alignment in that center section regarding the beginning construction of 440 west. Mr. Dupree stated that the Highway Department has currently started the EIS and he would not be surprised if it did have a shorter period for completion. It was noted that the project would not have to wait for the 440 to being. In response to a question posed by Commissioner Montgomery, Mr. Tommy Dupree stated that the Landfill odor is another whole animal to deal with but added that they have spoken with Waste Management regarding access into their permitted area on the north side to the present 440. He stated that Waste Management has four years left before they have to move. He noted that presently they could come under the 440 area, which they have been using for construction, development, or landfill purposes. He added they have acquired property on the east side of the railroad track that backs up to part of the cemetery on 161, and upgraded a railroad crossing that was there when they acquired the property and now use it for their hauling material to their present fill site which will continue in the future when they move to the north side. He related that discussions last year and the year before were about they could work together to get access from 161 in and across Bayou Meta and up to Redmond Road. He added that Waste Management is ready, willing, and able to spend the money to do a large portion of that. He then related that they are also looking at ways of raiding funds to accomplish this. He stated that they discovered that they would also need the Planning Commission and City Council approval forwarded to Metroplan by 1 September. City Attorney Bamburg clarified that the Planning Commission would need to make recommendation to the City Council regarding an Ordinance amendment to the Master Street Plan regarding the streets involved in the Legacy Development to be forwarded to Metroplan. He noted that the City Council could address the matter during a public hearing at their regularly s cheduled meeting of August 5th regarding the Planning Commission's input. Commissioner Young stated that as an architect who might want to become involved in the project later, he is abstaining from the vote. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2004 7:10 P.M. -8:27 P.M. Commissioner Lester moved, seconded by Commissioner Montgomery to recommend to the City Council at their regular ly scheduled August 5th meeting the conceptual network of the proposed Legacy Development as an amendment to the Master Street Plan. MOTION CARRIED with Commissioner Young abstaining from the vote. b. Proposed West Main Relocation (Western Hills to Fair Oaks) City Engineer Whisker stated that the West Main relocation is on the Master Street Plan to straighten out the S-curve at Emma, which is the street that would lead directly south beside Western Hills to the Legacy Development. He went on to explain t hat there has currently been development in the area and he wanted to make sure that the City obtains proper rights-of-way as d evelopment occurs. He added that he enlisted Mr . Bond to draft an alignment for the West Main r elocation, adding t hat a legal will be applied to the drawing to ensure that City acquires the land as it is devel oped. He stated e fforts to better define property along the corridor t o ensure rights-of-way. In response to a question posed by Commissioner Stroud , City Engineer Whisker state d that the road construction would probably incorporate culverts as it does now, but added that i t would have to be designed and bid due to the road alignment and the possibil ity of a bridge. In response to a question posed by Commissioner Keaton regarding access into Bushwood and Spring Valley, City Engineer Whisker state d that he believes that Emma Street leading into Bushwood would be developed to turn south pass Western HilLs and continue on the west side of Western Hills straight south to become the street that leads into the Legacy Development. Mr. Bond stated that the old Main Street where there is a pump station would have right turn angles into the new Main Street. City Engineer Whisker stated that the old West Main Street b etween Emma Street a nd t he pump station would then become a subsidiary road. It was then noted that there would not be any problems with conceptual rights-of-way regarding the First Freewill Baptist Church. Commissioner Young moved, seconded by Commissioner Keaton to recommend the proposed relocation of West Main to the City Council at their regularly scheduled August 5th meeting. MOTION CARRIED. ADJOURNMENT: Chairman Brannen without approximately 8:27 p.m. Secretary objection, adjourned the meeting at 11 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): a. AGENDA AUGUST 9, 2004 7:00P.M. Regular Planning Commission Meeting July 12, 2004 CONDITIONAL USE of C-2 in a C-3 at the Corner of West Main & North Municipal Drive Petitioner: Community Bank b. REZONING of 900 Madden Road 5. REQUEST TO APPROVE PLAT(S): a. b. c. d . e. f. 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT from R-1 to R-3 Petitioner: Brad Medlock Representative: Michael Clayton, P. E. Tabled from July 12, 2004 meeting PRELIMINARY PLAT: Forest Oaks PH II Petitioners: Jim Peacock, Jerry Smith Representative: Bond Engineering Tabled from July 12, 2004 meeting PRELIMINARY PLAT: Base Meadows Addition PH I Pulaski County Petitioner: Greg Heslep PRELIMINARY & FINAL PLAT Dawkins Commercial Addition Lots 1 F,2F,3F Representative: Development Consultants FINAL PLAT: Clover Ridge PH I North Petitioner: Brian Boroughs Representative: Bond Engineering FINAL PLAT: Clover Ridge Subdivision Tract "C" Petitioner: Tommy Dupree Representative: Bond Engineering REPLAT: Jim Jez Commercial Development Representative: Bond Engineering PRELINARY SITE PLAN: Dawkins Commercial Addition Lot 1 F Petitioner: Community Bank Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Susan Dollar, Kevin McCleary, Mike Traylor, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT three (3). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Larry Dupree, and Mr. Mike Clayton. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Traylor moved, seconded by Commissioner Montgomery that the minutes of the 12 July 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE of C-2 in a C-3 at the corner of West Main & North Municipal Drive/Petitioner Community Bank Chairman Brannen opened the public hearing at approximately 7:01 p.m. Mr. Ben Rice explained that a branch bank is listed as a conditional use for a C-2 zone. Chairman Brannen closed the public hearing at approximately 7:02 p.m. In response to a question posed by Commissioner Stroud, City Engineer Whisker stated that ingress and egress would be examined during the site plan phase of the project, which is later on the agenda and does appear to have a drive-thru. He added that he is not aware of expected traffic increases regarding the branch bank. Commissioner Stroud moved, seconded by Commissioner Montgomery to approve a conditional use of C-2 at property located at the corner of West Main & North Municipal Drive. MOTION CARRIED. b. REZONING of 900 Madden Road from R-1 to R-1 Petitioner Brad Medlock Chairman Brannen reopened the public hearing tabled from the July 12 Regular Planning Commission Meeting, at approximately 7: 05 p.m. 1 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Representative Mike Clayton related that the item appeared before the Commission last month as a request to rezone the front 300' adjacent to Madden Road. He noted that the property directly behind the requested prnpP.rt.y hAfl a conditional use of C-1. He stated that the developer would like to continue with the same development scheme by constructing two quad-unit apartment buildings. He stated that the development concept would place the first building approximately 40' from the setback with a brick wall leading from the driveway going north along the western line of the property. He related that the developer plans to plant Bradford Pear trees to soften the transition from single-family homes. He introduced a second development concept, which would create a 60' X 100' residential lot adjacent to Madden Road to address earlier concerns by the Planning Commission regarding the integrity of the neighborhood. He stated that in the second concept there would be a small brick decorative entrance to the apartment development. Mr. Rich Kopenowski of 2101 Linda Lane stated that his property backs up to the R-1 portion of the property proposed for rE. , .. oning. He pointed out that Mr. Wilson, Mr. Huston and Mr. Smith's property also backs up to the proposed area. He related that three years ago the same property was proposed for rezoning but was denied, adding that the commercial portion of the property was then granted a conditional use. He related that at those meetings the developer had stated that he would not affect the R-1 portion of the property. He then related that he purcha~ed Ills home 13-years ago and would like to see it remain single-family. He stated that he is sure that his neighbors feel the same. Mr. Robert Huston of 2603 Linda Lane stated that he and his wife oppose the continuation of more apartments. He expressed concern for property values, citing a list of present complaints regarding the existing apartments including noise, drag racing on motorbikes, and the use of fireworks. He noted that on July 5th he had to call the Police at 11:00 p.m. because of fireworks. He related that without a fire lane the present development is a fi:ce hazard and that the continuation of the development would endanger four additional houses. He related that his property has a 10' rear yard easement, which to his understanding is his responsibility. He added that he does not feel that he should be responsible for an accident incurred by the apartment residents. He related that the apartment residents throw trash behind the complex. He related that he had moved to this area 18-years ago and took a $20,000.00 loss on their previous home sold because of apartments that developed in the area. 2 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Mrs. Geraldine New of 2413 Linda Lane related that she had previously been spokesman when the item came before the Planning Commission. She pointed out that the developer had then agreed to plant Bradford Pear trees as a buffer between the apartments and the single-family housing on Linda Lane but that the trees are not there. She continued that the developer had also stated that he would put in a playground, which is also not there. She expressed concerns for already congested traffic on Madden Road and questioned if an access would be provided from T.P. White Drive; adding that if not there would need to be a traffic light installed at the top of Madden Road. She asked that the Commission consider the i tern as if it were their own neighborhood. Chairman Brannen closed the public hearing at approximately 7:17 p.m. City Engineer Whisker reviewed that development had been limited to the commercial portion of the property regarding a conditional use. He stated that he was not aware of all the stipulations issued with the conditional use approval and was not aware if the Bradford Pear trees were planted. He then added that he was riot aware of the specifics surrounding previous discussion regarding the playground. He stated that the biggest consideration he recalls is the sidewalk on Madden Road, which the City constructed. In response to a question posed by Commissioner Stroud regarding a playground, Mr. Mike Clayton stated that he believes there was discussion in the original application for a conditional use. He added that up to present, none of the apartment residents has had children, adding that Mr. Medlock does not see a need for a playground at this time. He explained that the residents of the complex are almost exclusively military with no children living in the complex at this time. In response to a question Clayton stated that the R-1 residential lot requirement could be larger is necessary. posed by Commissioner Stroud, Mr. lot would be proposed at the minimum of 60' X 100', adding that the lot Discussion ensued regarding lot size for a comparable sized home of that neighborhood applying proper setbacks, and Mr. Clayton then answered that the apartment buildings are approximately 60' wide and face the interior street. He reviewed the plot plan, saying that the developer would be willing to place Bradford Pear trees at 15' to 20' intervals along Madden Road. 3 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Commission Stroud stated that he visited the site and commended the developer for an aesthetically pleasing development, adding that he did not view any trash around the apartments. He related that his only r.onr.ern had been a turnaround for the fire equipment, adding that he would support the second development proposal to keep R-1 on the front of Madden Road. In response to a question posed by Chairman Brannen, City Engineer Whisker related that the end of the interior street was left open with gravel to provide an area for trucks to turnaround. He then answered that an access to T.P. White Drive would be up to the Arkansas Highway Department, explaining that they had purchased the adjacent property that fronts T.P. White Drive. He then answered that he believes the Fire Department has approved the turnaround currently on the property. Mr. Clayton offered that part of the turnaround concept includes the portion of driveway that goes back to the dumpster site. Discussion ensued regarding the steps necessary for to split the front 300' into R-1 and R-3 development. the developer for separate In response to a question posed by Commissioner Dollar, Mr. Clayton stated that the concept of two buildings with four units each figured at 1.5 cars for each unit would in his opinion, not be a significant increase regarding traffic on Madden Road. In response to a question posed by Commissioner Traylor, Mr. Clayton stated that he could not answer why the development stopped 300' from Madden Road. He added that he believes that the intention was to have commercial development continue to T.P. White Drive regarding several tracts zoned C-1. City Engineer Whisker demonstrated the residential and commercial tracts on a area map and noted that the original request was to rezone the entire tract including the R-1 that fronts Madden Road which was denied, so the developer returned with a new request for a conditional use of the commercial area for multi -family. He stated that it is his feeling that the Planning Commission felt R-3 would be the best use of the property at that time. Commissioner Stroud moved to accept the development concept that would retain the front 100' as an R-1 residential lot adjacent to Madden Road with the remaining being rezoned to R-3 for apartment development similar to the existing development. MOTION DIES FOR LACK OF A SECOND. 4 J CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Commissioner Stroud moved, seconded by Commissioner McCleary to table the item of business until the next regularly scheduled Planning Commission meeting in September. ROLL CALL: Commissioners McCleary, Traylor, Stroud voted AYE. Commissioners Dollar, Montgomery voted NAY. MOTION FAILED. Commissioner Montgomery moved, seconded by Commissioner Traylor to deny the request to rezone 300' of property addressed as 900 Madden Road. ROLL CALL: Commissioners Dollar, McCleary, Traylor, Montgomery voted AYE. Commissioner Stroud voted NAY. MOTION CARRIED. REQUEST TO APPROVE PLATS: PRELIMINARY PLAT Forest Oaks PH II Mr. Bond noted that the plat had been tabled at the previous meeting pending review from the utility Commissions. He related that both Commissions approved the Preliminary Plat contingent that lots not be sold until the sewer can be connected to the West Interceptor line and a waterline be constructed through the Subdivision to be tied into a new 10" waterline on General Samuels Road. City Engineer Whisker noted that the new sewer West Interceptor Line should be completed by year's end and asked that any final plat approval be contingent on the sewer being able to ·be connected to the West Interceptor line. Mr. Bond added that the contractor for the West Interceptorcline is also the owner of the Subdivision. Mr. Bob Williams concurred that sewer service for the lots in PH II cannot be hooked up until the West Interceptor is in place and the pump station is taken out of service. Commissioner Montgomery moved, seconded by Commissioner Dollar to approve the Preliminary Plat of Forest Oaks PH II stipulating that sewer and water meet with utility requirements as discussed. MOTION CARRIED. PRELIMINARY PLAT Base Meadows Addition PH I Pulaski County Representative Mr. David Jones reviewed that the Sketch Plat had been approved in March and now the developer is submitting Phase I of the development. City Engineer Whisker cited several issues of concern including a donation of 25' of right-of-way along Hwy 107 for the future widening of that Highway and sidewalks along the outside of the 5 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 development. He noted that the front building line is proposed to be 25' , which should be revised to 35' except in culdesac areas where 25' is normally granted for front setbacks. He stated that there is alsn A difference of opinion regarding the sewer system. He explained that the developer is proposing to install a sewer package treatment plant, adding that his contention is that the sewer should be tied onto City sewer because it is on the Master Sewer Plan. He stated that it is also his contention that the package treatment plant would become too cost inhibitive for the residents to maintain, turning to the City for a solution. He added that any request should be accompanied by a request to annex into the City. Mr. Mike Marlar of Marlar Engineering stated that the sewer plant is designed to handle additional capacity, explaining that the required c apaci ty is 70,000 gallons per day and t hat the proposed unit will have the capacity to handle 100,000 gal lons daily. He then noted that the developer has added an additional, not required, element of a tertiary filtration at the end of the clarification process. He stated that the high quality effluent water from this type of process is not much different from the water from a faucet. He then noted that the current project being constructed by Jacksonville Wastewater would end 1.5 miles from the proposed Subdivision, adding there would be no way that the developer could construct sewer on property that he has no power to secure easements on. He added that the proposed sewer plan was basically approved at the March meeting. City Engineer Whisker introduced concerns not addressed in the bill of assurance regarding collection of operation and maintenance funds from the Subdivision residents. Mr. Jones stated that developer would operate and maintain the facility, adding that it would not have to be handled by a property owners association. Mr. Marlar added that in speaking with Mr. Mike Simpson of the Jacksonville Water Department it was felt that a billing method could be worked out with the City retaining a percentage of the funds collected. He stated that while it has not been approved it has been discussed as an option. City Engineer Whisker stated that if the development is using City services to collect funds they should also be using City Wastewater. 6 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Commissioner Stroud stated that according to the EPA, an extended aerated plant is a very good plant; adding that originally he had been excited about the development and having Wastewater tie on later. He added that in research he learned that the facility needs to be at least 100' from all residential areas. Mr. Jones stated that the guideline is 100' from any residential unit and that the facility would be over 100' from any house. Co:rmnissioner Stroud then noted that if the plant is installed below ground it must have extension walls to prevent surface water infiltration into the plant. He stated that the proposed tract for the plant is basically in a ditch with a culvert, adding that if the plant were placed on the high side of the tract it would be even closer to the residential areas. He added that he also has problems with the fact that the plant has to be managed daily, and that adding the tertiary filtration will only create additional maintenance, requiring what he feels would be a minimum of 2 to 3 hours daily maintenance. He also noted that a road would need to be constructed to the plant because there would be no access from lots 9, 10 or 11. He read article 18 of the bill of assurance, saying that he did not find any mechanism for collection enforcement. He noted that Sherwood experienced a bad situation with the same type of sewer treatment situation in Indian Head Lake, which cost them approximately $400,000.00 to tie onto their city sewer. He stated that when the Sketch Plat was approved it was stipulated that the developer meet with tpe Wastewater Department to develop a plan that meets Code. He asked if they had met with the Wastewater Department to develop a plan that meets Code. Mr. Jones stated that the construction plans for the sewer internal to the development have been designed to meet all the requirements of the Jacksonville Wastewater Utility. He stated that the Wastewater Department has a set of plans that were submitted when the Preliminary Plat was submitted and is currently under review. He noted that City Engineer Whisker has received those plans along with plans for the package treatment plant. He stated that those plans show rerouting the drainage around the unit, adding that part of the unit will be underground. He stated that the maintenance and operation of the system would be the responsibility of the owner, adding that if he does not meet those responsibilities and the discharge does not meet ADEQ requirements then the developer would be charged $10,000.00 for each day that he is out of compliance. He stated tr·.at such a fine would be a substantial incentive to keep the unit working and functioning properly. 7 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Commissioner Stroud expressed that as a planner, the issue of it going into default must be considered. Mr. Jones stated thAt if the developer is willing to spend almost $300,000.00 building the treatment facility, he would certainly keep up the maintenance. Commissioner Stroud posed the question why not wait two years, wastewater would be available in the area, and the developer would not have to expend those funds to build a treatment facility. Mr. Jones pointed out that when the Sketch Plat was approved in March it was discussed that the City could not require the developer to tie onto City sewer because City sewer is not available within 300' of the property. He stated that the approval of the Sketch Plan and use of the sewer treatment plant prompted Mr. Heslep to purchase the property for development. Commissioner Stroud stipulated that the and develop a plan question, has the Williams to develop reminded Mr. Jones that part of the approval developer meet with the Wastewater Department that meets Code. He reiterated his earlier developer met with Wastewater or Mr. Bob a plan. Mr, Jones acknowledged Mr. Williams' attendance in the audience, saying that he does not believe that Jacksonville Wastewater Utility has any regulations or code with regard to a package wastewater treatment plant that it would not own or operate. He then added that the plans have been submitted to Mr. Williams. Mr. Mike Marlar stated that Mr. Williams was consul ted in the past, adding that was the first thing they did when they were considering the property. Commissioner Stroud stated that it was discussed during the Sketch Plat phase that the Subdivision would have to eventually tie onto City sewer. He added that at the time Mr. Jones offered a conditional "yes" when it had been discussed. He stated it was requested that designs meet City Code because eventually there was a possibility that it would tie onto City sewer. Mr . Jones stated that Mr. Williams did receive the construction plans, which specifically stated all specifications and materials to meet the Jacksonville Wastewater Utility specifications. He added that the review has not been completed to his knowledge. 8 J CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Commissioner Stroud stated that he was concerned regarding the fee collection. Mr. Marlar pointed out that the motion of acceptance did not speak to a stipulation that the developer had to tie onto City sewer, if sewer were to eventually reach the development. He went on to say that the discussion was that it would be the developer's decision at that time if it were feasible and ability were there, adding that it was not agreed absolutely that the developer would tie onto the City sewer. Commissioner Stroud stated that Mr. Jones had related that tying on would be a consideration at the last phase of the development. Mr. Jones agreed, pointing out that currently phase I is the only consideration. Mr. Marlar addressed access to the sewer treatment plant saying that a maintenance access would come from Hwy 107. He then added that drainage would be addressed to prevent any flow into the facility by placing the wall above ground. Commissioner Stroud asked if there were plans to place verbiage in the bill of assurance to ensure collection. Mr. Marlar stated that the developer would have no objection to working that issue out with the City Engineer, City Attorney, Wastewater and Water Department to their satisfaction. In response to a question posed by Chairman Brannen, City Engineer Whisker stated that at the time of annexation there would not be a requirement to hook onto City sewer. He stated that, to his understanding, if the developer is going to be required to hook onto City sewer it would need to be stipulated at this time. He related that one of the ways to achieve that would be to create a sewer improvement district, which would go to the Pennpointe Pump Station. City Attorney Bamburg clarified that sewer system is within 300' of the require them to tie on. if any part of Subdivision the the City City can City Engineer Whisker stated that from a planning standpoint, the sewer of that area is on the Master Sewer Plan and if sewer is going to be required, now would be the time while the Subdivision is beginning development. 9 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Discussion ensued regarding letters of response regarding a sewer improvement district in the area and Mr. Bond related that the letters were sent to 80 property owners in the area, adding that the area in CJllP.Rt.ion was not included since it was not in the general area. He stated that there have been approximately 20 positive responses mostly from the Jackson Heights residents. Commissioner Stroud noted that an improvement district differs in that the funds are collected when property taxes levied. Mr. Jones stated that the developer is very interested in the fact that the improvement district letter was mailed June 30th when everyone was aware that Mr. Heslep was purchasing the property but was never contacted about that issue. City Engineer Whisker pointed out that it had been discussed in March regarding contacting property owners. Discussion ensued regarding the formation of an improvement district and Mr. Jones stated that being familiar with improvement districts it would take at least six months to form an improvement district. He added that in addition there would need to be preliminary planning regarding cost, which would go to a bond attorney and the bond attorney would have to form the district that would then have to go to a bond council and a bond house to issue bonds. He stated that before the funds could even be in place it could take as much as eight months to a year, <:H..l.Lll11g that even then it could tu.kc u.nother four to six months before the plans are designed prior to being approved. He stated that ultimately it could take as long a two to three years before the project starts. He stated that the problem with that is the time line, adding that the developer is ready to begin. He stated that the Subdivision would be a nice development with nice residential homes. Commissioner Stroud stated that he could understand the issue of the time line, adding that his concern, as a planner, is that the City not be strapped with the possibility of having to construct the entire line to pick up a private sewer system that may not work. Mr. Jones stated he could understand those concerns, adding that his company has built five of the same systems for Arkansas Department of Parks and Tourism. He noted that the proposed unit is approximately the same size as built for Parks and Tourism, adding that there is no odor around the plant and that the effluent quality is better than what is already in streams. 10 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Commissioner Stroud related that he developed some reservations after consulting with planner Jim VonTunglen, saying that it is not something anyone would want in their backyard. Mr. Jones defended that the quality of effluent from the treatment plant as being of a higher quality than what is being di~charged from septic systems. Commissioner Dollar moved to accept the Preliminary Plat of Base Meadows Addition PH I stipulating that the Subdivision be hooked onto Jacksonville water and sewer services, and that 25' of right-of-way be donated for the widening of Hwy 107. Mr. Jones reminded the Commission that City statues specifically states that if the development is not within 300' feet of sewer, they are not required to tie on. Commissioner Dollar related that she does understand that . MOTION DIES FOR LACK OF A SECOND . Commissioner Stroud stated that he would like to remind the Commission that where the sewage treatment plant i -s being prpposed is not in line with the Master Wastewater Plan. He went on to say that the Master Wastewater Plan would collect around lot 120 close to the Air Base. He noted that it ~ is not demonstrated on the Phase I portion of the plat but would be in the final phase plat of the development. Mr. Jones related that originally the treatment plant was planned for the lower part of the Subdivision around lot 120, adding that the Air Base objected to that plan so it was agreed to move it to the front of the Subdivision to satisfy the Air Base that it would not affect their property. He stated that to be the reason for the current proposed location, adding that they have been issued a permit for construction of the sewer system plant from ADEQ. In response to a question from Commissioner Dollar, Mr. Jones related that the Air Base had objected to the discharge going across their property. He noted that representatives from the Air Base were at the meeting earlier, and that he reviewed the current proposed plans for PH I with them and having seen that this phase does not affect the Air Base, they left the meeting. 11 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Mr. Murice Green a resident of Jackson Heights, expressed concerns proposed Subdivision from the Air pressure problems. He noted that septic system, the residents are problems experienced with that type the neighboring subdivision regarding the setbacks of the Base property line and water since Jackson Height is on a well aware of the types of of system. In response to a question posed by Mr. Green, Mr. Jones demonstrated that the proposed treatment plant would be located close to Hwy 107. Mr. Green then expressed concerns for drainage problems already being experienced by some of the residents in Jackson Heights. He questioned how the development would affect run-off areas to Jackson Heights or the Air Base. He stated that most homeowners purchased in the area because most of the surrounding areas are pastureland or woods, questioning if a privacy fence would be constructed between the new development and the existing homes to ensure some kind of privacy. He then questioned the material for privacy fence and the size and type of construction planned for the homes as well as the average lot size. He then questioned the boundary lines with regard to fence placement between the two subdivisions. He noted that most subdivisions developed just outside the City limits are annexed, so that property owners can have fire and police protection. He concluded saying annexation should be a factor in considerations for deve lopment. Mr. William Webb of 5006 Madison ~venue reluted that he has lived in the Jackson Heights Subdivision for approximately 20 years. He related that while he pays high taxes he does not have sewer. He recalled instances regarding the development of Jacksonville over the past seventeen years, citing issues of poor drainage in the Indian Hills Subdivision, a "dangerousu intersection at Madden Road and the creation of a wetlands beside the new Wal- Mart. He went on to say that commercial and apartment development "killedu the Stonewall Subdivision and the overpass "killedu the Graham Road area. He added that traffic considerations, flooding and the one-way bridge "killedu the North Lake Subdivision, adding that Penn Pointe was developed when Main Street was extended. He stated that when developments are scattered it cost him money in tax dollars. He stated that the minimum habitation according to the law is 1250 square foot for homes, and the development is being proposed to have 1400 square foot homes. He questioned why Pennpointe Subdivision was granted water and sewer on the same side of the road while 12 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Jackson Heights was not allowed to use an abandoned waterline for sewer. He went on to say that the development method approved by the City has "killed" many developments. He stated that Base housing is inside the City limits, raising the question that the development may be within 300' of Base housing. He stated that the City charges the Air Base a flat rate water fee and repeatedly there were rumors that the Base was going to close because the sewer bills were outrageous. He related that he researched Base Meadows on the Internet and it did say that residents could be charged for the system. He went on to cite other developments in Jacksonville that he felt were "killed" by the Planning Commission regarding regulations. He went on to say that the first developer could change his pear trees if he wants that there is no law to stop him. He stated that by Law the system would be checked by either the County or the City at least once or twice annually. He stated that he does not support the proposed minimum square footage of 1400 square feet being the same as a 9 X 12' rug above minimum human habitat. He stated that it would be low rent. Chairman Brannen stated that Jacksonville has experienced good growth and has excellent residential areas. Chairman Stroud stated that originally when the Sketch Plat was presented he was ok with the development, adding that since that time he has researched the EPA standards and the extended aeration plant was the best of all choices but City Engineer Whisker has informed us that we should stay with the Master Wastewater Plan. He stated that the Master Plan shows a collector around lot 91 (formally lot 120) and that it is his opinion that an improvement district would be the best avenue for development. Commissioner Stroud moved, seconded by Commissioner Montgomery to table the project until Wastewater has facilities close enough to where the development can connect. Mr. Jones asked that the Commission consider the regulations that are in place, adding that the Code states that the sewer has to be within 300' for a subdivision to connect. He stated that he did not believe the motion would be valid according to the Codes. He added that the Code also provides that a developer can ask for approval of the Preliminary Plat subject to the review of the construction plans and that is what they are asking for at this time. He continued that they are asking to be able to continue through the process without being held up when the developer was 13 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 assured during the Sketch Plat presentation, which did not change Phase I. He added that now the developer has purchased the property and the Commission is saying that he cannot develop the property in thP. mAnner that was approved during the Sketch Plat. He stated that he believes this to be an injustice to the developer. Commissioner Stroud pointed out that should a Planning Commission give away a Preliminary Plat they would loose control, adding that he does not want the Planning Commission loose control of this by allowing a Preliminary Plat before sewer becomes available because City Engineer Whisker is correct. City Engineer Whisker questioned if the motion was stated that Wastewater would bring sewer to the development, adding is it my understanding that you want the City to pay for that. Commissioner Stroud answered no, adding that he wanted to table the Plat. He related that he had mentioned that a private citizen has already started an improvement district and that he believes that the developer would be well served to spearhead that event. He went on to say that he believes this project should be tabled until wastewater is to a point where they can connect. He stated at this juncture, we are piece milling and the possibility of laying a burden on the City is a chance the Commission should not take. Mr. Joues asked for clarification of the motion. It was clarified that the project is to be tabled until the developer has the ability to connect to Jacksonville Wastewater system. Mr. Jones stated that to his understanding the motion was until Wastewater made facilities available to the property. He added that the motion was seconded. City Attorney Bamburg stated that he did not believe that to be the motion, saying that he has until sewer was in place, adding that there was not a designation as to who provided it. In response to clarification of the motion regarding who he is designating to have sewer in place, Commissioner Stroud answered Jacksonville Wastewater Department has it in place. Further clarification ensued and Commissioner Stroud stated that the motion is until wastewater gets to where they can connect. 14 l CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Chairman Brannen asked for verification of the second to the motion. Commissioner Montgomery verified that he seconded the motion. Mr. Jones clarified that "the City of Jacksonville will being wastewaters to our development.u City Attorney Bamburg asked Commissioner Stroud if that was his motion. Commissioner Stroud stated that is not his motion. Commissioner Stroud withdrew the previous motion. Mr. Jones stated that as a point of order in Robert's Rules of Order, that there has been a motion, which has been seconded, and that he believes that it either has to pass or fail at this time before the motion can be rescinded. City Engineer Whisker offered that he believes what Commissioner Stroud is after is for them to connect to our sewer system in order to build this subdivision. Commissioner Stroud agreed. City Engineer Whisker stated that was what he understood, adding whether they build it all the way down to Pennpointe or create a sewer district of some kind, not City of Jacksonville itself brings the sewer all the way up to them. Commissioner Stroud agreed, adding that is why he eluded to improvement district handled by Bond Engineering. Commissioner Stroud amended his motion to table the Preliminary Plat of Base Meadows Additions PH I until such time as sewage or wastewater has facilities available for them to connect. Commissioner Montgomery stated that he would not seconded the motion. MOTION FAILS. Commissioner Dollar noted that outside of the larger issue, there are still a number of smaller issues that are outstanding. City Engineer Whisker then related that the other issue was water, explaining that the Water Department wanted assurances that the residents would get 1,000 gallons per minute. 15 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Mr. Jones stated that they have run the calculations and that is possible with the water that we are tying into. It was noted after running the hydraulics that they do get a thousand per minute, well over 20 pounds close to 40 pounds of pressure at that flow rate. Commissioner Dollar stated that her previous motion was to accept the Preliminary Plat condition upon sidewalks, 25' along Hwy 107 being donated to the Arkansas Highway Department and connecting to Jacksonville Wastewater however that is done. She agreed with City Engineer Whisker, saying that she could see problems in the future for Jacksonville. Commissioner Dollar moved to accept the preliminary plat of Base Meadows Addition PH I contingent upon 5' sidewalks being developed along Hwy 107, 25' of right-of-way donated along Hwy 107, building lot lines at 35' except in culdesacs, and that water and sewer be hooked to Jacksonville services, and annexation into the City. MOTION DIES FOR LACK OF A SECOND. Commissioner Stroud moved to next regularly scheduled September. table the item of business until the Planning Commission meeting in Chairman Brannen questioned if there was additional information needed for the next meeting. Commissioner McCleary seconded the Motion. Mr" Jones requested to make a statement if the item is still open for discussion. City Attorney Bamburg stated that the item is not open for discussion at this time, adding that motions to table are not open for discussion. ROLL CALL: Commissioners Dollar, McCleary, Traylor, Stroud, Montgomery voted AYE. (0) NAY. MOTION CARRIED. Mr. Jones asked if he could request the reasoning for tabling the item. He added that they need some idea of what they need to bring back next month. Commissioner Stroud related that they would need to work on the bill of assurance regarding i tern 15, explaining that it should not state that everything is being sent to the Sherwood Planning 16 J CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Commission, adding that he would like to see a provisions that ties the howmeowners more toward having to pay for sewage that you are putting in. He added that he would like to see the road or access to tract A and a plot of where the sewer treatment plant would go onto Tract A, that would keep it far enough away from the residents to be safe and that he would like to see a berm or some kind of drawing to show how the unit will be kept above or out of flood waters. c. PRELIMINARY PLAT Dawkins Commercial Addition Lots lF, 2F,& 3F Mr. Robert Brown of Development Consultants stated that he is representing the David Dawkins Trust. He related that the property is at the corner of Main and Marshall across from City Hall. He stated that there has been interest in the vacant property and the Planning Commission previously approved a preliminary plat. He noted that the corner parcel just approved for a conditional use is part of the development site. He then related that his firm is very close to leasing the portion shown on the plat as lot 2, which is the reason they have prepared a new preliminary plat. He noted that the street layout has been slightly revised. He then explained that the property is approximately 7.5 acres, noting that lot 2 is larger than desired and would be revised for final revisions of the Preliminary Plat, showing four lots in the subdivision. He related that they are proposing to extend Municipal Drive north with a 36' wide street and 60' of right-of-way, which is a collector class street. He then related that they would also build a street from Marshal Road south of the Waffle House property connecting to the newly extended Municipal Drive, adding that it would be a 30' wide street with 50' right-of-way. He noted that the developer would build all street improvements, adding that they would like to proceed with the Commission's approval of the Preliminary Plat. He stated that the street and drainage plans are being worked, adding that there is a sewer line relocation on the front of lot 2 and that there are no water line extensions required. He noted that fire hydrant locations would be added and that a signal design is being prepared by the developer's traffic engineer for the intersection at Municipal and Main. He added that per previous discussions, the City is proposing to implement the traffic signal improvements, given that the developer build all the street improvements. He related that he did file a final plat request along with the preliminary plat but is asking that the final plat be withdrawn at this time. He noted that it would be resubmitted for the next meeting. City Engineer Whisker questioned the revisions regarding lot 2. 17 ·I CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Mr. Brown stated that currently Lot 2 is shown as having 2. 4 acres and would be redrawn to show two lots at approximately 1.4 and the other lot slightly over 1.0. City Engineer Whisker noted that approval of the preliminary plat should be contingent upon full plans being submitted for the Water and Wastewater. He added that he does believe that sewer has seen parts of the plan, and has approved the preliminary layout as shown earlier. Mr. Bob Williams clarified that the Sewer Commission has approved the sewer line relocation to enable construction on the property. He stated that a preliminary plat for the relocation of the line from the Waffle House around the corner of Marshall and Main was brought to the Sewer Commission in June. He noted that any other proposed extensions or relocations would have to be brought before the Sewer Commission for approval. City Engineer Whisker related that he believes water service is already on the properties. Commissioner Montgomery moved, seconded by Commissioner Dollar to approve the Preliminary Plat stipulating approval from the Sewer and Water Departments. MOTION CARRIED. d. FINAL PLAT Clover Ridge PH I North Mr. Tommy Bond related that the Commission had approved the PreliminaLy Plat approximately six months ago, and the developer has received approval from the Water and Sewer Commissions. He noted that the asphalt work for street construction is scheduled to begin in the morning and should be completed prior to the next regularly scheduled City Council meeting. City Engineer Whisker concurred with Mr. Bond's comments, adding that the developer has submitted a performance bond regarding sidewalk construction. Commissioner Dollar moved, seconded by Commissioner Montgomery to approve the Final Plat of Clover Ridge PH I North contingent that street improvements be completed by the August 19th regular City Council meeting. MOTION CARRIED. e. FINAL PLAT Clover Ridge Subdivision Tract "C" Mr. Bond noted that the development began approximately ten years ago, and answered that the some of the front setbacks are greater than 35 feet. He then noted that the City of Jacksonville owns 18 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Lots 9 -17 directly in front of the Wastewater Utility. He noted that the road shown on the plat is the road that leads to the Wastewater Utility. He explained that the Utility purchased the lots to prevent homes from being built in front of the plant, adding that it was his understanding that the former City Engineer would take care of the necessary paper work for the City. He stated that the proposal is to clean up the paper work regarding the subdivision. He related that homes already on the lots are manufactured homes sold under contract, noting that most of the homes are situated on two lots each. In response to a question posed by Chairman Brannen, Mr. Bond related that there are approximately eight or nine different owners of property in the Subdivision. He stated that the reason the Subdivision is before the Commission is because the contracts are paying-off and the buyers are requesting clear deeds to their property. City Attorney Bamburg raised the question of Mr. Tommy requesting final plat approval for property that he no owns. Dupree longer Mr. Bond answered that while the plat was drawn for Mr. Dupree there are signature lines for each of the separate property owners. He noted that if the plat is not approved by the Planning Commission the property would have to be transferred by metes and bounds descriptions. City Engineer Whisker raised the question regarding subdivision regulations of curb, gutter and drainage systems, adding that as a minimum there is $43,000.00 required for sidewalk along the road that leads to Homer Adkins Elementary School. He noted that the major question is would the requirements would be given the current development ordinances. Discussion ensued and the question was raised if the Commission could require improvements on an already developed subdivision of ten years. City Engineer Whisker added that he also has problems platting property when lot lines that have been crossed with development. City Attorney Bamburg stated that he has concerns regarding a preliminary that was approved ten years prior and a final not being presented in that time period. He added that he also has 19 concerns that the person the owner, or at least went on to say that rep re ,c; en t.P.rl hy t.hP. owner. CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 asking to final plat the property is having signatures from the owners. the persons under contract could not He be Mr. Tommy Dupree explained that the Subdivision was started in 198 9, as an attempt to clean up the property. He noted that there were no builders interested in building houses that backed up to a wastewater plant at the time, adding that there was interest in mobile home placement. He stated that a plat was developed and approved subject to the utilities being tied into. He stated that the lots sold quickly and Mr. Duane Reel did not complete having the plat presented for final plat approval. He stated that the property was part of a trust bequeathed by his aunt, which is part of an estate that is being handled by an attorney in Little Rock. He stated that he is acting as a representative of that attorney. He stated that Wastewater Utility owns several of the lots and the Estate owns the remaining lots. He questioned if those are the signatures needed for the property to be final platted. City Attorney Bamburg clarified that all property owners involved should be included prior to the final plat process. He then reminded the Commission that City Engineer Whisker has expressed concerns regarding final plats being presented as built instead of in the planning stage. He noted that everyone is aware the lots are not being utilized as previously subdivided in the preliminary plat. In response to a question posed by Mr. Dupree, City Attorney Bamburg clarified that signatures of the contract purchasers would be necessary if they were filed as a matter of record with the County Clerks Office. Mr. Dupree related that there were not. Mr. Bond stated that he could not see an advantage for the Wastewater Utility to plat the lots they own. Mr. Dupree noted that the property is not five acres. City Attorney Bamburg stated that the Sewer Commission should be given the opportunity to address whether the lots need to be platted, adding that it is his understanding that the issue has not been taken to the Sewer Commission. 20 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Discussion ensued regarding the disposition of the property owned by Wastewater Utility and the five-acre rule for development. City Attorney Bamburg offered that technically the property would need to be platted. Mr. Bond noted that the entire parcel began as 5.9 acres. City Attorney Bamburg clarified that new preliminary and final plats need to be presented to the Planning Commission regarding an accurate subdivision of the property and lots. It was noted that Mr. Dupree would need to consult with the Sewer Commission regarding their intentions. Commissioner Dollar moved, seconded by Commissioner McCleary to table until the next regularly scheduled Planning Commission meeting of September for preliminary and final plat presentation. City Engineer Whisker stated that sidewalks should be requested since proximity to an elementary school. as the a minimum property requirement is in close City Attorney Bamburg noted that the terms and conditions for plat approval are as directed by current Code regulations. f. REPLAT: Jim Jez Commercial Development Mr. Josh Minton of Bond Engineering related that the p~operty is a 40-acre tract of land located on the corner of Hatcher Road and Hwy 107, north of Gravel Ridge and south of Bayou Meto. He stated that the property is serviced by Central Arkansas Water and Gravel Ridge Sewer District. He added that the plans have been submitted to Pulaski County Planning, and that the County would be responsible for maintaining the road and drainage. City Engineer Whisker related that the entrance and exits are off Hwy 107 and that the subdivision not tied into Jacksonville utility services. Commissioner Montgomery moved, seconded by Commissioner Stroud to approve the Replat of the Jim Jez Commercial Development. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: Preliminary Site Plan Dawkins Commercial Addition Lot lF 21 CITY OF JACKSONVILLE REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2004 7:00 P.M. -9:17 Mr. Bond noted that the item is submitted more as informational, adding that they would return later with a site plan. He noted that the Subdivision is platted and the property is under lease contract by Community Bank. City Engineer Whisker noted that there is a shared access between this lot and lot 2 of the Subdivision with a second shared access along Main Street. In response to a question posed by Commissioner Traylor, Mr. Bond stated that presumable there would be two accesses onto Main Street, adding that City Engineer Whisker had suggested that those accesses be shared. He noted that there would be only two accesses on Main Street between the stoplights. It was noted that there is approximately 400' from the access to Main Street and Marshall Drive. Discussion ensued regarding traffic patterns within the development and it was noted that a site plan would return for approval request. GENERAL: ADJOURNMENT Chairman Brannen without objection, adjourned the meeting at approximately 9:17 p.m. Respectfully, Secretary 22 ( ;, I 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 a. AGENDA SEPTEMBER 13, 2004 7:00P.M. Regular Planning Commission Meeting August 9, 2004 PRELIMINARY PLAT REVISIONS: Base Meadows Addition PH I Petitioner: Greg Heslep Representative: Marlar Engineering (info included in packet) b. FINAL PLAT: Dawkins Commercial Addition Lots 1 F, 2 F & 3F Representative: Development Consultants (plat included in packet) c. FINAL PLAT: Clover Ridge Subdivision Tract "C" Petitioner: Tommy Dupree Representative: Bond Engineering (plat included in packet) d. FINAL PLAT: Eastview Addition PH VI Lots 9-14 Petitioner: Tommy Dupree Representative: Bond Engineering (plat included in packet) e. REPLAT: Part of Tract "A" West Jacksonville Subdivision No. 1 Petitioner Karen Thurman Representative: Bond Engineering (plat included in packet) AICUZ Update PRESENTATION by LRAFB Mr. Luciene Gilliam Lieutenant Col. Gene Taylor Community Planner Ken Stocker OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. Vice Chairman Stroud opened the meeting at approximately 7:00 p.~. expressing appreciation for those in attendance. ROLL CALL: Commissioners Susan Dollar, Chad Young, Bobby Lester, Glen Keaton, and Mike Traylor answered ROLL CALL. Vice Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT three (3). Others present for the meeting were City Engineer Whisker, Mr. Lucian Gilliam, Mr. Ken stocker Lieutenant Col. Gene Taylor, Mr. Robert Brown, Alderman Bob Stroud, Mr. Larry Dupree, Mr. David Jones, Mr. Mike Marlar, and Mr. Tommy Bond. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Dollar that the minutes of the 9 August 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): DEVIATION IN AGENDA: AICUZ Update by LRAFB Commissioner Dollar moved, seconded by Commissioner Lester to place the AICUZ Update as the next item on the agenda. MOTION CARRIED. Public Affairs Officer Captain John Sheets int roduced Lieutenant Col. Gene Taylor, 314th Operations Support Squadron Commander. He stated that Lieutenant Col. Taylor ovcrocco the airfield and the air space that surrounds the Base as well as the flight training routes. He noted that Lieutenant Col. Taylor is also an experienced C-130 pilot. He then introduced Mr. Lucian Gilliam the LRAFB Deputy Civil Engineer and Mr. Ken Stocker LRAFB Community Planner. Lieutenant Col. Gene Taylor commended the strong working relationship between the LRAFB and the Jacksonville Community. He related that the purpose of the AICUZ program is to provide a seamless interface regarding flight operations and the impact of community development. He reviewed steps at the State level regarding the adoption of Ar kansas Act #530 in 1995 for cities with an Air Force Base wi t hin their city limits sponsored by former Representative Mike W, adding that the City of Jacksonville then adopted Ordinance 1119 in April of 1999 to define the recommendations of the AICUZ Program. He related that one of the main thrusts of the program is to minimize community disturbance through managing operating hours, noting that noise 1 ., levels are control of operation more the acceptable CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. during the day then at night and aircraft flight paths. He noted that each is limited, adding that the Air Force has moved increasingly toward night operations. He then reviewed that originally AICUZ consideration were introduced to the LRAFB in September 1977 with several studies in the interim years, adding that the previous study was completed in 1992 regarding amendments to procedures with the addition of the C-130J Aircraft. He noted that the current study was completed in April 2003 and that the three areas of focus are noise zones, accident potential zones and approach/departure clearance surface. He demonstrated the 1992 noise contours in regard to the 2003 noise contours, noting that in both comparisons the highest concentration of noise levels are located on the Air Base. He noted that the decibel levels range from 65 decibels to the north going off base to 90 decibels on the Base. He stated that the noise contours have changed because the C-130J is a slightly louder aircraft and operations have migrated to night missions, which carries a greater noise impact. He then correlated common noise sources to decibel levels, pointing out that 65 decibels is normal speech at 3 feet, and then equated that a vacuum at 10 feet would equal 70 decibels. He noted that while that may not seem very loud it becomes an issue if it is a noise heard on and off all day. He presented recommendations regarding development in consideration to various noise levels. He noted that residential development is not recommended in noise contours of 65 decibels or higher, commercial is acceptable until decibel levels reach 80 plus and added that industrial or agricultural development is acceptable in all contour levels. He then reviewed accident potential zones, pointing out that the first 3000' adjacent to the end of the runway is the clear zone, then the next 5000' is the APZ 1 followed by the next 7000' representing the APZ 2 zone. He stated that historically 25% of accidents happen on the runway, 27.4% occur in the clear zone representing approximately 50 plus percent of mishaps. He then related that the accident potential drops to 10% in the APZ 1 zone and 5% in the APZ 2 zone. He reviewed accident compatibility, saying that no type of development is recommended in the clear zone, adding that residential, commercial and public development is not recommended for APZ 1, while industrial recreation and agricultural is permitted because of low density. He then noted that all types of development are acceptable for the APZ 2 zone. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. He presented a composite of the noise and accident potential zones offering an overview of the area recommended for deliberate and controlled development and the areas of potential development conflicts regarding existing rlRvRlnpmAnts. He stated that one of the recommendations would be to raise the threshold decibel level in the current ordinance from 75 to 65. He added that he believes current legislation provides for increased sound insulation in areas of 75 decibels, adding that their recommendation would be for 65 decibels. He then reviewed the approach/departure clearance surface, which he stated is primarily focused on vertical obstructions. He explained that navigation equipment could be compromised by vertical obstructions. He related that the pattern stretches off both ends of the runway and travels out approximately 10 miles and is approximately 3 miles wide. He stated that the farther from the runway the more acceptable the level of vertical obstruction. He related that anyone considering construction with significant vertical relief in those zones should contact the Base and speak to someone in the Civil Engineering before beginning construction. He concluded saying that the Air Force wants to ensure compatible land use development through continued communication regarding integrated development plans and flight operations. Mr. Lucien Gilliam stated that City Ordinance 1119 already has buildlu<;J construction provisions, which adopts that the current edition of the Southern Standard Building Code regarding sound insulation. He noted that the decibel level mentioned in that section of the Ordinance is 7 5 decibels, reiterating that they are recommending the amendment of 65 decibels for the clear zone, APZ 1 and APZ 2 zones. He pointed out that 65 decibels is the latest Air Force AICUZ recommendation and that the area referred to as the "racetrack", as shown is recommended for inclusion into the noise contour overlay district. He clarified that the inclusion would only be for noise control, adding that it would not limit the number or size of houses that could be built in that inclusion. He then answered that it could be defined in the amendment ordinance as a "sound continuation zone". He stated that when the original ordinance was adopted there were very few areas to cause concern over 65 decibels outside of the clear zone, APZ 1 and APZ 2. He then related that the Air Force looks closely at how local communi ties comply with the AICUZ recommendations. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. In response to a question from the audience, Lieutenant Col. Taylor answered that the number of flights that depart to the south are so low that it does not generate an average noise decibel level high enough to raise the standard. Mr. Gilliam explained that DNL is the Day /Night sound related average, explaining that sound carries more at night then it does in the day. He stated that the DNL is based on the number and time of flights. He noted that the Air Force has recommended a lower standard for greater protection regarding additional precautions for insulation mainly in attic areas. He then answered that the area of inclusion would only be the "racetrack" area depicted on the earlier slides, which would not be easy for a surveyor to write into a legal description for the ordinance. In discussion regarding the "racetrack" area, Mr. Ken Stocker noted that flight patterns and the number of flights have not changed substantially over the years, adding that the major difference is the addition of night operations and a slightly louder J-model aircraft. He stated that the best word to describe the situation could be encroachment, explaining that when Air Force Bases have concerns it becomes encroachment issues with incompatible development. He stated that it is prudent to have standards in place before there is development pressure. Commissioner Young questioned what developments are currently located in the inclusion area. City Engineer Whisker answered that the area is adding that he does not believe the Planning review of those developments. in the County, Commission had Mr. Stocker clarified that the development conflicts are considered single-family residential that are of a greater density than one house per acre, which is the only potential conflict. He added that there is no issue regarding incompatible uses. It was noted that the current ordinance already addresses types of incompatibility. Vice Chairman Stroud stated that a public hearing would be held to address amendments to the present ordinance. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT REVISIONS for the Base Meadows Addition PH I 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. Mr. David Jones of Marlar Engineering stated that he had one more revision to add to the plans. He explained that due to the Highway Department requirements regarding sight distance, the entrance on Hwy 107 was moved 137' to the southwest. He then explained that after meeting with the Sewer Department, the developer has decided to create an improvement district and extend the gravity sewer from the Penn Pointe area to the proposed development. He stated that the Wastewater Department is working with the developer and the LRAFB to acquire easements necessary to cross Base property. Vice Chairman Stroud noted a necessary change in the bill of assurance regarding individually owned sewer. Mr. Jones stated that the bill of assurance would be changed to reflect the new revisions. City Engineer Whisker noted that the common property on the southwest corner is for a pump station that would enable the developer to sewer the entire area, adding that any approval should be followed by annexation into the City of Jacksonville. He then added the stipulation that no final plat be approved before the sewer is completely hooked up to the West Interceptor line being run to Penn Pointe. He noted that the West Interceptor line should be completed by March 2005 and that he would also request that prior to any further preliminary phases being accepted, the developer go before the Parks Commission regarding any deslre to see a pocket park in the area, adding that he would also request sidewalk on lot 244. He related that the developer is seeking a waiver from constructing sidewalks on Hwy 107, adding that it is a City Ordinance to do so, but the developer is hoping to not do that since they are putting sewer in the area. Commissioner Dollar stated that she has concerns regarding the sidewalks along Hwy 107, adding that it is part of the urbanized area. She stated that sidewalks are not just constructed for the immediate concerns but for the next twenty years out, adding that she feels there will be sidewalks at some point. She stated that she believes the area is part of the arterial regional network, being roads that have been targeted for that type of improvement. She stated that she does not doubt that someone at the Highway Department quoted the 55-mile exclusion policy regarding sidewalks, but added that it would not be a written policy. She stated that there are regional design standards that have been incorporated by the City and Pulaski County that require sidewalks. 5 ) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. Mr. Jones stated that Mr. David Barnett, Chief of Design for the Highway Department specifically told him that they do not put in sidewalks, curb or gutter when the design speed is over 45 mph. He stated that Hwy 107 is designed for 55 mph, adding that the Highway Department would not permit them to put a sidewalk in th~ir right-of-way. Commissioner Dollar stated that she understands that is the Highway Department's position, adding that she would like a letter from the Highway Department that spells out that policy. Mr. Jones related that he requested a letter to that affect and was told that the Highway Department does not put that policy in writing. Commissioner Dollar acknowledged that, stating that is her point. Mr. Jones related that to be the design standards followed by the Highway Department and that they have no choice but to comply. He went on to say that the Highway Department would be the one to actually permit a sidewalk, adding that he was told that the developer would not be permitted to put in a sidewalk. He explained that the developer would not be able to construct the sijewalk without a permit. Commissioner Dollar related that she would like to go ahead, request the letter, and see if at some point the Highway Department might permit a sidewalk. She stated that although the Highway Department does many good things, quality of life in and around Jacksonville would not be their primary concern. She stated that she does feel that it is something that is within the purview of the Planning Commission to consider. In response to a question posed by Commissioner Engineer Whisker clarified that a sidewalk would constructed at lot 244 at the entrance from Hwy 107. Young, City need to be Mr. Jones agreed that the developer would construct the sidewalk along lot 244, adding that an upturned curb would be placed there to prevent bicycles from riding into the Hwy right-of-way. Co~issioner Dollar mentioned a bridge and bike plan, adding that she was not sure if it extended to Hwy 107. City Engineer Whisker answered that he was not sure, adding that he believes that it is an un-written plan that goes up Hwy 107. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. In response to an observation by Vice Chairman Stroud, City Engineer Whisker confirmed that lot 8 and 9 is the common area designated for the pump station. He went on to explain that part of the area would need to be served by a pump .stAti nn hP.r.FllJSP. of the ridge that runs through lots 3, 14, 23, 24, and 25. Mr. Jones agreed, saying that the ridge is basically a line from lot 244 through lot 25 and 26, adding that the west side of that line would be serviced by the pump station and the rest would be service gravity to the main line. In response to a question from Vice Chairman Stroud, Mr. Jones stated that access to the common property is established through a driveway that would come off from Hwy 107, the same that was proposed for the treatment plant site. He clarified that it is the same permit, adding that it has been moved closer to General Samuels, which made the Highway Department happier because it is in the transitional area. Vice Chairman Stroud offered opposition an opportunity to address the Commission. Mr. Marty Sanibel of Scenic Estates Subdivision stated that he would like to feel that the Planning Commission feels a responsibility to the existing property holders. He related that the proposal for 1400 square foot houses to his mind is a fancy term for a "trailer park". He stated that property values are in jeopardy and tha.L he feels the developer should be held to the same standard of 3,000 square feet. Mr. William Webb of 5006 Madison stated that the development would be adjacent to his back yard, expressing concerns for sewer and pointing out that the developer is planning a sewer improvement district because he is putting in a pump station instead of a sewer treatment plant. He stated that he would be taxed to put the sewer in the development without being consulted. Vice Chairman Stroud related that Mr. Webb would not be taxed regarding the sewer improvement district. Mr. Webb questioned that since the developer is creating a sewer improvement district in lieu of a treatment plant, would he be required to hookup to that line which would be approximately 150' from his property. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. After conversing with City Attorney Bamburg, Vice Chairman Stroud stated that Mr. Webb would be required to hook on if his property is within 150' of the main. City Engineer Whisker demonstrated those lots within the proposed subdivision that back up to the Jackson Heights Subdivision. Discussion ensued regarding the location of internal sewer lines and the location of the main. Mr. Jones clarified that the main would run through the Base property. It was related that only th~ property owners in the proposed subdivision would be assessed for the sewer improvement district unless other subdivisions agreed to be a part of the improvement district. Mr. Webb expressed concerns for being required to hook on to the sewer at his expense. Vice Chairman Stroud stated that as proposed, Jackson Heights would have to tie onto the sewer. Mr. Webb stated that he was not informed of the creation of an improvement district, which he feels would affect him and then questioned the approximate costs to hook to the main. City Engineer Whisker related that the Wastewater Department agreed to enter in agreement regarding the sewer, adding that the City Attorney would work out the details to the best interest of the City as well as the land development. Vice Chairman Stroud pointed out that Jackson Heights is the only area in the City that does not have sewer, adding that his feeling would be that the improvement of sewer would increase property values. Mr. Webb stated that decisions are being made without input from residents who live in Jackson Heights. He stated that he does not have a problem having a septic tank, but does have a problem with decisions being made that will cost him. He added that there are no cost estimates, saying that it would be a substantial burden. He questioned his recourse if he is not even consulted about being a part of the district. City Attorney Bamburg clarified that when the sewer improvement district is complete and passes inspection, his understanding is that the sewer lines will be transferred into the Jacksonville Wastewater Utility's Collection System. He added that if the 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. lines run along the proposed street "Flight Court" that backs up to lots 61, 62, 63, 31, 32, 33, and 10 through 13 of Jackson Heights Addition that would put a main sewer line within 300' of the afnrPmPnt. i onP.d lots. He added that in such a circumstance the City ordinance, as it exist, would require those parties to tie onto the sewer main in order to provide service through the system. He noted that the City Council, not the Planning Commission, would be the body to amend the ordinance, but could do so by recommendation of the Planning Commission. Mr. Webb stated that he meets the criteria just described, questioning what the fee would be for him to hook onto the main. Commissioner Lester stated that when the line was extended to Bushwood Estates it cost him approximately $800.00, not including the pipe. Mr. Webb asked if his understanding, that he can be required to hook onto the sewer line but not be part of the improvement district is correct. City Attorney Bamburg stated that if the property of the district and the system is accepted by Jacksonville Wastewater Utility as part of their collection system, then the answer would be yes. Mr. Webb stated that if the City accepts that, what is his status. City Attorney Bamburg explained that the current ordinance provides that any structure within 300' of a sewer main is to be connected to the system. Mr. Webb stated that he wanted to clarify that he could be forced to hook onto the sewer main if he is within 300' but would not be part of the sewer improvement district. Vice Chairman Stroud concurred. He then pointed out that at the previous meeting there was discussion regarding letters of an improvement district that had received favorable response, which is part of the reason the Planning Commission has taken the present course with the proposed development. A twenty-five year resident of Adams Drive in the Jackson Heights Subdivision recommended that a hold be placed on the project until the property is annexed into the City, giving the Commission authority. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. Vice Chairman Stroud related that the Planning Commission has authority up to five miles outside City limits. Mr. Bob Kaiser of 703 Adams Drive stated that the Subdivision has experienced problems with the water pressure, expressing concern for adding 200 plus homes to the system. He questioned what is being done to upgrade the water system. City Engineer Whisker responded that the Water Commission has reviewed water pressure concerns for the area, explaining that the area runs on Central Arkansas Water pressure plain that is different from Jacksonville. He stated that Central Arkansas Water has a higher-pressure rate, but added that there are concerns that if the area is taken off Central Arkansas Water it may cause pressure problems. He stated that the Water Commission asked for an analysis regarding the 244 lots to determine if that would hinder pressure. Mr. Jones stated that there is a 1,000-gallon flow on the Central Arkansas Water side allowing for 65 PSI, adding that the Jacksonville Water side is 1, 000-gallons with 42 PSI. He noted that both are well above the 20-PSI minimum requirement. Mr. Kaiser expressed further concerns for recent water pressure decrease. He then questioned the water run-off from the area. Vice Chairman Stroud noted that the only area of run-off concern would be the corner of lots 8 and 9, adding that the rest of the property is flowing away from Jackson Heights. In response to a question posed by Commissioner Young, Mr. Jones related that while the minimum square footage requirement is 1400, it is conceived that most of the homes would be more around 1500 to 1700 square feet. Commissioner Dollar supported the minimum requirement stating that there is a place in the market for smaller homes regarding young professionals and older couples without children at home. Mr. Jones stated that it is the feeling of the developer that most of the lots will be developed for people who work and serve on the LRAFB, as an alternative to Base housing. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. Vice Chairman Stroud commended the developer for his efforts in the bill of assurance, adding that he does not doubt that the subdivision will feature quality housing. He stated that he did hnv~ concerns for the 1400 square foot minimum, but added that with the restrictions outlined in the bill of assurance he feels that the development will be an upscale neighborhood. Discussion ensued regarding further corrections of the bill of assurance and Mr. Jones stated that he would correct the item. Vice Chairman Stroud noted that the Wastewater Department has approved the creation of an improvement district. Mr. David Jones expressed appreciation to the Planning Commission in working for a plan beneficial to both the developer and the City. He added that he is asking the Planning Commission to consider a waiver of the sidewalk requirement. In response to a question posed by Vice Chairman Stroud, Mr. Heslep stated that he would agree to annex into the City. Commissioner Young moved, seconded by Commissioner Dollar to approve the revised Preliminary Plat, stipulating revised notes on the plans, annexation into the City of Jacksonville, no Final Plat approval before the sewer is hooked up, that the plat to be reviewed by the Parks and Recreation Commission for a pocket park, that Lot 244 have a sidewalk extending to Hwy 107, and that sidewalks will be required on Hwy 107 unless a letter from the Highway Department states that sidewalks cannot be placed there. MOTION CARRIED. b. FINAL PLAT Dawkins Commercial Addition Lots 1F, 2F & 3F Mr. Robert Brown of Development Consultants representing Dawkins Commercial Addition property owners stated that the improvement plans for streets, drainage, and utility have been completed and submitted to City Engineer Whisker along with cost estimates. He added that a cashier check for improvements has been submitted for deposit. City Engineer Whisker related that his only request would be that the three lots facing Main Street have centered driveway-shared access on the lot line. He then clarified that his recommendation would be for two entrances from Main Street along with one from Marshall Drive and one from Municipal Drive. He then agreed that accesses from the interior street of Dawkins Drive to the lots would be beneficial. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. City Engineer Whisker added that this development would solve the intersection issue at Main and Municipal regarding the straighten of Municipal Street. He then answered that the extension of Municipal Drive would require curb and gutter into the parking area with a curb cut across from Dawkins Drive into the parking area. Commissioner Young questioned if there would be a setback from the back of curb to Municipal Drive to establish a green area. City Engineer Whisker stated that there would be a 30' easement providing a 3 to 9' buffer with grass. Discussion ensued regarding landscaping commitments from existing commercial businesses. City Engineer Whisker related that the business owners did express they might want to join in landscaping efforts. Commissioner Young noted that the main issues would be the shared access from Main Street as well as an interior drive from Dawkins Drive into Lot 4F. In response to a question posed by Commissioner Young, City Engineer Whisker related that the sidewalk plan would extend parallel with Main Street. He then noted that there would be additional drainage concerns that would be addressed by the developer of Lot 3F. He then answered that the west side of Lot 3F would be finished with curb and gutter. He then answered that curb and gutter would be established throughout the development along with landscaping by the developers of the various lots. Mr. Brown related that the primary improvements would begin immediately, adding that the sidewalks would be established as the lots develop to ensure proper grades, adding that closed curb cuts would be part of each site development. Commissioner Young moved, seconded by Commissioner Keaton to approve the Final Plat of Dawkins Commercial Addition Lots lF, 2F, & 3F stipulating shared center lot line access from Main Street. MOTION CARRIED. c. FINAL PLAT Clover Ridge Subdivision Tract "C" Mr. Tommy Bond related that the final plat has been reviewed by the Jacksonville Wastewater Commission and that he believes all issues have been resolved, adding that City Engineer Whisker may have one issue to address. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. City Engineer Whisker related that he has requested sidewalks be established on Cloverdale Road since it leads to Homer Adkins School along with curb and gutter. He then noted that the WastAw~tAr n~partment has agreed to construct sidewalks regardinq their lots, adding that he would require lots 1-7 to also construct sidewalks. He added that the area would need curb and gutter. In response to a question posed by Vice Chairman Stroud, Mr. Bond related that the lot lines reflect the established homes of the Subdivision. Mr. Tommy Dupree related that all properties within the Subdivision have been sold, adding that he is not sure if the property owners can afford to construct sidewalks. He added that when the Subdivision was originally presented there was not a requirement for sidewalks or curb. He noted that it would be an appropriate project for the CDBG Department. In response to a question posed by Commissioner Dollar, Mr. Dupree answered that the estimated cost of sidewalks is $250.00 per square foot. City Engineer Whisker noted that as a collector street, a 5' sidewalk would be required. In response to a question posed by Vice Chairman Stroud, Mr. Dupree stated that ownership of lots 1-7 iD in the name of the Estate. He added that those lots were sold individually on contract a long time ago. He then agreed with Vice Chairman Stroud's observation that the individuals may qualify for CDBG grant funding. City Engineer Whisker related that it would cost approximately $12,000.00 to establish sidewalks for the seven lots. City Attorney Bamburg clarified that the area could only qualify for CDBG funding if it is identified as a low to moderate-income area. Commissioner Dollar then moved to approve the Final Plat of the Clover Ridge Subdivision Tract "C" with the inclusion of sidewalks as specified. 13 } CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. Cormnissioner Dollar added that while she is sympathetic to any hardship regarding the establishment of sidewalks, she also feels there is a need for sidewalks in the area as well as being a current development requirement. Commissioner Young noted that it is not the general practice of the Planning Commission to waive sidewalk requirements, adding that he also is sympathetic to the plight of the residents. Commissioner Lester noted that the property was originally approved under a different set of requirements. Vice Chairman Stroud asked for a second to the motion before further discussion. Commissioner Keaton seconded the motion. Vice Chairman Stroud noted that many regulations have changed since the item had been approved. Commissioner Lester questioned if consistency is being observed, offering that sidewalks were not always required given earlier developments. It was noted that the City Council has overturned one sidewalk waiver from the Planning Commission, which resulted in a court case. In response to a question posed by Commissioner Traylor, Mr. Bond related that there is over 400' from lot 7 to Hwy 161 and over half a mile from lot 1 to Homer Adkins Elementary School. City Engineer Whisker then answered that sidewalks would be established from lot 7 and lot 1 to both Hwy 161 and Homer Adkins Elementary School. He then noted that the City established sidewalks along Madden Road, which had not developed with sidewalks because it was between two schools. He noted the importance of sidewalks especially in areas without curb in gutter, noting that it forces pedestrians to walk in the street. Commissioner Lester placing a financial sidewalks. stated that he did not feel comfortable burden on residents not able to construct Commissioner Dollar asked that the Planning Commission research if money would be available to those residents through CDBG. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. City Attorney Bamburg clarified that while grant money may be available for individual property owners, right now, the property is held in the name of the Estate and it would be his guess that the Estate would nnt ~lAlify for CDBG funds. He went on to say that if the geographic area is identified as a low to moderate income area under HUD standards, then funds could be available. He then added that he is not aware of what funds the Director of CDBG has designated for that type of expenditure. Commissioner Dollar reaffirmed support of her earlier motion. Discussion ensued regarding circumstances surrounding the Collenwood Subdivision where the Planning Commission had declined to have the developer establish sidewalks in Phase II, since Phase I was not required to have sidewalks prior to the requirement being established as part of the development Code and the subsequent court litigation. Vice Chairman Stroud restated the motion to approve the final plat with sidewalks. ROLL CALL: Commissioners Dollar, Young, and Keaton voted AYE. Commissioners Lester and Traylor voted NAY. MOTION CARRIED. d. FINAL PLAT Eastview Addition PH VI Lots 9 -14 Mr. Tommy Bond related that the Subdivision was started approximately twenty years ago, adding that recently the street ha~ been paved and the sidewalk constructed. He added that the utilities were accepted in 1994. Commissioner Lester moved, seconded by Commissioner Dollar to approve the Final Plat of the Eastview Addition PH VI Lots 9-14. MOTION CARRIED. e. REPLAT Part of Tract "A" West Jacksonville Subdivision No. 1 Mr. Tommy Bond related that the property is Walgreens on Main Street. He added that this was the last step before being issued a certificate of occupancy. He related that the project is completed including the storm drainage and that the landscaping has been established. City Engineer Whisker noted that the sidewalks with handicap ramps have been constructed and completed. Commissioner Young moved, seconded by Commissioner Keaton to approve the Replat of Tract "A" West Jacksonville Subdivision No. 1. MOTION CARRIED. 15 l ) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2004 7:00 P.M. -8:40 P.M. GENERAL: Commissioner Dollar announced that Metroplan is performing a major update of the Regional Transportation Plan and will be hosting a workshop Wednesday October 27th around 12: 00 p.m. at the Jacksonville Community Center. ADJOURNMENT: Without objection, Vice Chairman Stroud adjourned the meeting at approximately 8:40 p.m. Respectfully submitted, 16 JACKSONVILLE PLANNING COMMISSION AGENDA OCTOBER 11, 2004 7:00P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meetin~ September 13, 2004 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT a. AICUZ Ordinance recommendations by the LRAFB b. CONDITIONAL USE: 701 W. Main Street Continued use as Service Station Petitioner: Feller's Texaco/ Paul Sheaffer c. CONDITIONAL USE: 1701 So. Hwy 161 Daycare facility in C-3 zone Petitioner: My First School, Inc. d. CONDITIONAL USE: 209 North Bailey Commercial & Residential Use in Mixed Use Overlay Zone a. Petitioner: Joe Rounsaville & George West PRELIMINARY PLAT: Hayley Heights Lots 14-50 Petitioner: Byron McKimmey & Billy Morden Representative: Butler Surveying Company (plat included in packet) b. REVISED FINAL PLAT: Clover Ridge Subdivision PH II South Petitioner: Brian Boroughs Representative: Bond Engineering (plat included in packet) c. PRELIMINARY PLAT: Worley's Place Petitioner: Gaudet & Tolson, L TO. Representative: Bond Engineering (plat included in packet) OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. Vice Chairman Stroud opened the meeting at approximately 7: 00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Chad Young, Bobby Lester, Glen Keaton, Kevin McCleary, Mike Traylor and William Montgomery answered ROLL CALL. Vice Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT two (2). Others present for the meeting were City Engineer Whisker, Alderman Bob Stroud, Mrs. Emma Knight, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Lester that the minutes of the 13 September 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. AICUZ Ordinance Recommendations Vice Chairman Stroud opened the public hearing at approximately 7:02 p.m. He invited members of the audience to address the item of business. He related that the previous month, personnel from the LRAFB were present to explain issues regarding amendments to the AICUZ Ordinance. He related that issues regarding additional housing insulation for noise contours were reviewed in areas being considered for addition to the current AICUZ defined area. No one in the audience responded to the request. Vice Chairman Stroud closed the public hearing at approximately 7:03p.m. b. CONDITIONAL USE at 701 W. Main Street Vice Chairman Stroud opened the public hearing at approximately 7:04 p.m. Mr. Paul Sheaffer related that he is selling the Feller's Texaco Service Station at 701 W. Main Street, adding that he was not aware that he had been operating under a conditional use permit. He related that the business has operated as a gas station since 1963, adding that he is requesting the ability to sell the property under it's present use and have the buyer be able to continue to operate the same business. Commissioner Montgomery questioned the ramifications of the landscaping ordinance if the business were to change ownership. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. City Attorney Bamburg clarified that if approved, the business would continue in the same capacity and the landscaping ordinance would not be relevant in this case. It was noted that recommendations for additional landscaping could be encouraged for the buyer of the property. Vice Chairman Stroud recommended that the new owner be encouraged to incorporate landscaping considerations. Mr. Sheaffer stated that he cannot instruct the new owner to put in trees or other landscaping considerations. Vice Chairman Stroud clarified that it is only being offered as a recommendation at this time. Vice Chairman Stroud closed the public hearing at approximately 7:10 p.m. Commissioner approve the garage, and CARRIED. Montgomery moved, seconded by Commissioner Keaton to continued conditional use as a service station, U-Haul rental facility at 701 W. Main Street. MOTION c. CONDITIONAL USE at 1701 South Hwy. 161 Vice Chairman Stroud noted that the conditional use is for a daycare facility in a C-3 zone, adding that the p etitioner is My First School, Inc. Vice Chairman Stroud opened the public hearing at approximately 7:12 p.m. Mrs. Maggie Martin, President of My First School, Inc. related that they have two other centers located in Sherwood and Vilonia that are new construction. She related that the buildings are state of the art with cameras, adding that there is a 280 children capacity. She related that the proposed center would hold approximately 175 children. She noted that the former building has been removed and new parking lots with curbs and gutters would be added along with new sidewalks. City Engineer Whisker noted that Mrs. Martin has also chosen to put in a $40,000.00 sprinkler system in the building due to the number of children. City Engineer Whisker then answered that the plan does comply with the landscaping ordinance. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. In response to a question posed by Commissioner Montgomery, Mrs. Martin explained that the current drive would be widened and moved further from the intersection. She noted that the drive would be 20' from the other corner. In response to a question posed by Commissioner McCleary, Mrs. Martin related that there are already sidewalks on Trickey and she assumes the sidewalk will be designed for Hwy 161 with the same design as the Dollar Store across the street. She stated that in researching parking space requirements for a daycare there were no specific regulations, adding that in other cities she has found that the general rule is one parking space for every 10 children and one for each teacher. She explained that the square footage requirement regarding parking would require approximately 58 or 59 spaces, which she stated would be "over kill", explaining that their clients do not stay but come and go. She related that the requirement would create a huge parking lot where instead she could have a huge playground. She answered that she feels given the number of children and teachers, 40 parking spaces would be more in line with the operation. Discussion ensued and City waiver for parking spaces Planning Commission as part Attorney Bamburg clarified could be a recommendation of the approval. that the from the In response to a question posed by Mrs. Martin, it was determined that a 6' chain link fence could be used for the playground area. In response to a question posed by Commissioner Montgomery, Mrs. Martin explained that the building would have 32 cameras, 5 on the outside of the building and the rest on the inside. She explained that tapes are recorded daily regarding activity inside the building, stating that this covers her investment as well as addressing lawsuit concerns. She related her willingness to convict anyone who steps outside the rules. It was noted that the item would not return before the Commission as a building permit, City Engineer Whisker explained that the existing building would be rebuilt. Mrs. Martin stated that she is investing $300,000.00 in the renovation of the building not including her purchase costs. Vice Chairman Stroud closed the public hearing at approximately 7:17 p.m. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. Commissioner Keaton moved, seconded by Commissioner Lester to approve the conditional use of a daycare facility at 1701 South Hwy. 161 and granting a waiver for parking to be one space for every ten children and one space for each teacher. MOTION CARRIED. d. CONDITIONAL USE at 209 North Bailey Vice Chairman Stroud stated that the request is a mixeu residential and commercial use in the mixed use overlay zone. He related that the petitioners are Joe Rounsaville and George West. Vice Chairman Stroud opened the public hearing at approximately 7:19p.m. Mr. Rounsaville related that his present physical address is 44 Arrington Springs Drive in Little Rock, explaining that he is seeking a conditional use of 209 North Bailey to be used as a residence and a professional office. He noted that the property is an older property that has been vacant for some years, adding that the property has been vandalized. He stated that the property is in a general state of disrepair, explaining that Mr. West no longer lives in Jacksonville and does not have the time to keep the property up. He noted that he has an arrangement with Mr. West to purchase the property contingent on matters working out. He stated that one reason he feels the property has been vacant for so long is that it is commercially zoned but was originally built as residential and is not laid out efficiently for commercial use. He stated that the Code Enforcement Officer and the Fire Marshal have been through the building and given him a list regarding repairs to Code. He related that with the large amount of repairs, the only cost effective solution for him would be to use the building as a residence and an office. Discussion ensued regarding landscaping considerations, Mr. Rounsaville pointed out that the front and back of the property is concreted. He noted that there is a 5' to 6' wide 30' long strip on the north end of the property to the front and a possible 100 square feet of potential area for green space. He then noted that eventually he might be interested in expanding the building space into that area for additional offices. He added that in the meantime he intends to return the area to grass. He noted that most of the trees are on adjacent property. City Engineer Whisker noted that 50% of the total assessed value of the property would need to be renovated to call into play the green ordinance. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. Discussion repairs and regulations ensued and it was determined that the amount of renovations would require Mr. Rounsaville to meet the of the green ordinance. City Engineer Whisker suggested that additional landscaping would need to be added to the sides of the property to meet those regulations. Commissioner Young offered that most likely, pockets would need to be created in the concrete area to meet the green ordinance. Various options for placing existing concrete parking property, Mr. Rounsaville reappraised to be valued at landscaping were discussed regarding and the appraised value of the noted that the property had been $36,000.00. It was suggested Commission that acceptable. by Commissioner planter boxes Lester on the and accepted by property would the be City Engineer Whisker offered to review Mr. Martin's landscaping requirement for the property, noting that it would be 5% of the area available for parking. Vice Chairman Stroud closed the public hearing at approximately 7:30 p.m. Commissioner Lester moved, seconded by Commissioner Young to approve the conditional use of a mixed zoning use of residential and commercial at 209 North Bailey, contingent that Mr. Martin and City Engineer Whisker agree on the landscaping requirements. MOTION CARRIED. REQUEST TO APPROVE PLATS : a. Lots 14-50 PRELIMINARY PLAT Hayley Heights Mr. Jim Butler related that the first phase consisting of 13 lots on Bobbitt Lane have been completed along with a 3 lot commercial portion currently being developed, adding that lots 14-50 is the final portion for development. He stated that the lots are proposed for single-family development and noted that the street and drainage plans have been forwarded to City Engineer Whisker, Central Arkansas Water and sewer. He added that they have received approved from Sewer Improvement District 213, adding that it will still go before the County Health Department. 5 I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. City Engineer Whisker related that the Fire Marshal did recommend an additional fire hydrant at the east end of the subdivision and Pulaski County had a few comments, adding that he would recommend that all Pulaski County comments be made a part of the approval. He stated that the developer is also requesting a waiver of sidewalks. It was noted that there are no sidewalks on Bobbitt or Hatcher Road. City Engineer Whisker noted that there were no sidewalk requirements for the first phase of the development. Commissioner Keaton moved, seconded by Commissioner Montgomery to approve the Preliminary Plat of the Hayley Heights Subdivision Lots 14-50 with addition of a fire hydrants per request of the Fire Marshal, and that all comments from Pulaski County be completed and to grant a waiver of sidewalks. MOTION CARRIED. b. REVISED FINAL PLAT Clover Ridge Subdivision PH II Mr. Josh Minton of Bond Engineering, acting as representative for developer Mr. Brian Boroughs stated that Phase II is adjacent to Phase I, which carne before the Commission approximately 2 months ago. He noted that there are only two items that he is aware of that have not been completed, stating those items to be the asphalt and a leak in the sewer system. He related that the sewer system was videoed early last week and was found to have a leak, adding that the developer has agreed to fix the leak as soon as the rains stop. He added that the developer is requesting Final Plat approval contingent on the asphalt being placed and the sewer being accepted by the Wastewater Department. City Engineer Whisker related that the asphalt work was not completed when Phase I was presented for a Final Plat and now the asphalt work is not completed in Phase II, as well as part of the sewer work not being completed. He stated that while he believes Mr. Boroughs is a good developer and will complete the work, he is not sure that would be true of all developers. He noted that previously there was a point made by the Commission to have all work-completed prior to being approved as a Final Plat. Vice Chairman Stroud agreed, saying that before Final Plat approval is given, all improvements need to be in place. He verified with Mr. Bob Williams that the Wastewater Department has not approved the sewer in phase II of the development. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. Commissioner Young moved to table the plat until the sewer has been accepted by the Wastewater Department and all asphalt work has been completed. Mr. Minton asked if the Final Plat could be approved, contingent that the sewer be repaired prior to the next regularly scheduled City Council meeting or the developer would bring the plat back to the Planning Commission. Vice Chairman Stroud stated that the more important issue would be that the Sewer Commission accepts the sewer prior to moving forward. Mr. Minton noted that the developer has shown good faith, adding that if the work is not completed then it would not be brought before the City Council. Vice Chairman Stroud reiterated the importance of water and sewer acceptance prior to the Planning Commission approving a Final Plat. Mr. B.J. Boroughs related that he and his son are the developers, explaining that the work would have been completed if the rain had not held them up. He stated that there are quite a few lots that already have contracts, adding that two of the lots are pre- sold houses and the builders are ready to begin construction. He stated that the buyers are anxious to start, adding that the delay of another month would affect those involved. He requested the Commission to consider approving the Final Plat for Phase II as they did with Phase I, and making it contingent on the work being completed before the City Council meeting and if they are not able to get the work completed then the City Council would not pass it unless all the work is completed. Vice Chairman Stroud reiterated that the Planning Commission does not want to move ahead of the Wastewater Department acceptance. He added that the Planning Commission would not want to set the precedent for other developers, pointing out that the City has already been sued in a situation similar. He stated that as a Commission it would be improper to approve the Final Plat and send it to the City Council before it is accepted by the Wastewater Department. Mr. Minton related that it is mainly a paperwork issue, adding that tomorrow the sewer line would be repaired and televised. He stated that the development is only half a step away from being 7 ·,I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. completed. He related that he visited with Mr. Williams, explaining that if they get the line repaired and televised tomorrow then approval from the Wastewater Department is imminent. He asked Mr. Williams to verify that information. He noted that if they miss next week's City Council they could at least be ready for the November 4th City Council meeting before having to wait for the November 18th City Council meeting and through another Planning Commission meeting on November 8th. Mr. Bob Williams stated that the position of the Wastewater Department is that the sewer is not completed according the their specifications and until it is completed according to those specifications they cannot accept it for operation and maintenance. He stated that he does not personally have any doubt that the work will be completed but that it is a matter of adhering to the specifications and at this point they do not want to set a precedent either. Discuss ensued regarding the former lawsuit resulting from extending leeway to a developer in similar fashion. Mr. Minton question it this is not the point of a contingency, adding that it would be accepted with only these two items outstanding. He stated that the Commission would accept that, which is the point of contingency. Vice Chairman Stroud stated that this issues is more than just a cont.in<,Jency, it involves two Commissions that will have to accept it before it can be moved to the City Council. Mr. Minton verified with Mr. Bob Williams that the plat would not have to go through the Sewer Commission for Wastewater Department acceptance. He went on to explain that Mr. Williams' office would issue the acceptance, not the Sewer Commission. Vice Chairman Stroud questioned Mr. Williams, regarding Planning Commission approval of the Final Plat contingent on the sewer being completed. Mr. Williams stated that the construction of a subdivision is approved by the Sewer Commission and then the General Manager oversees the acceptance for operation and maintenance. He added that the acceptance is at the discretion of the General Manager when all the stipulations have been met. He stated that he does not feel he can direct the Planning Commission either way. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. The question of holding a special Planning Commission meeting before the City Council meets on November 4, 2004 was raised. Commissioner McCleary seconded the previous motion to table the plat until the sewer has been accepted by the Wastewater Department and all asphalt work has been completed. Discussion ensued regarding the motion to table and the time involved with hosting a special meeting. Mr. Brian Borough then answered that if the rains stop, he feels the sewer repairs could be completed tomorrow and asphalt by the end of the week. He then reminded the Commission that two months ago they had approved the Final Plat on Phase I with no asphalt. He stated that in talking about setting a precedent he does not feel that he has abused that. Vice Chairman Stroud noted that the precedent the Commission was referring to is the approval of the Final -Plat ahead : of acceptance by the Sewer or Water Commissions. At this time, MOTION CARRIED. It was the consensus of the Commission that when the work is completed and the sewer is accepted by the Wastewater Department, that the developer contact City Clerk Susan Davitt to arrange the scheduling for a special meeting. It was noted that if the Final Plat could be approved at a special meeting the developer could make the deadline for the November 4th regularly scheduled City Council meeting. c. PRELIMINARY PLAT Worley's Place Mr. Josh Minton of Bond Engineering stated that the development would be for assisted living apartments adjacent to the Timberwood Apartments on Hospital Drive. He noted that all arrangements regarding ADA (American Disability Act) have been met, adding that there would be a sprinkler system in the th~~e­ story development. He stated that the development would have green space along Hospital Drive and a fire hydrant in the middle of the development. He noted a sewer easement behind the Timberwood Apartment development, adding that the water would be supplied from Hospital Drive. City Engineer Whisker recalled that the development was approved by the Board of Adjustment for a parking space variance and a building height variance regarding the development of a three- 9 I I , I :I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2004 7:00 P.M. -8:00 P.M. story building. He noted that the entrance has been designed to line up with the drive of the Towers. He noted the placement of the sidewalk and the drainage. He then stated that he has not seen the landscaping plans for the development, but noted that it would have to adhere to the requirements of the ordinance. Commissioner Young questioned if the developer would consider saving the tree that is located in the middle of the proposed parking lot. He suggested that any loss of parking space could be switched to the front of the building. Mr. Minton explained that the tree lines up with the proposed drive. Discussion ensued regarding several consideration for saving the tree. factors involved with Mr. Minton offered that the planter could be placed around the tree. It was noted that a redesign of the parking would ensure the same number of spaces. Commissioner Young moved, seconded by Commissioner Montgomery to approve the Preliminary Plat of Worley's Place with a recommendation to save the 42" tree located in the middle of the parking lot and allow parking to be altered to maintain the same number o~ spaces. MOTION CARRIED. GENERAL: ADJOURNMENT: Commissioner Lester moved, seconded by Commissioner Montgomery to adjourn the meeting at approximately 8:00p.m. Respectfully submitted, 10 r . JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUESTTOAPPROVE PLAT(S): a. b. c. 6. BUILDING PERMIT(S): 7. GENERAL: ADDITION TO AGENDA: ADJOURNMENT NOVEMBER 8, 2004 7:00P.M. Regular Planning Commission Meeting October 11, 2004 REZONING of R-1 to R-3 for property located at 809 Quince Hill Road Petitioner: Paul's Custom Homes Representative: Lemons Engineering (survey included in packet) FINAL PLAT: Lot 1 P&P Subdivision Petitioner: Paul's Custom Homes Representative: Lemons Engineering (plat included in packet) SKETCH PLAT: Foxwood Estates Petitioners: Woodhaven Homes Representative: Bond Engineering (plat included in packet) PRELIMINARY PLAT: Crooked Creek Subdivision PH II Petitioner: Glynn Underwood Representative: Bond Engineering (plat included in packet) SITE PLAN: Lot 1, P&P Subdivision Petitioner: Paul's Custom Homes Representative: Lemons Engineering (plan included in packet) Acceptance of amendment document # 2004089062 to the bill of assurance for the Dawkins Commercial Addition (included in packet) FINAL PLAT: Clover Ridge South PH II OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. Chairman Art Brannen opened the meeting at approximately 7: 00 p.m. expressing appreciation for those in attendance. Chairman Brannen announced that Commissioner Lester is resigning from the Commission, adding that he would like to offer his appreciation to Mr. Lester for his contributions to the Planning Commission. ROLL CALL: Commissioners Chad Young, Glen Keaton, Kevin McCleary, Mike Traylor, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT two (2). Others present for the meeting were City Engineer Whisker, Aldermen Stroud and Howard, Bob Williams, Public Works Director Jim Oakley, Mr. Ben Rice, Mr. Tommy Bond, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Young that the minutes of the 11 October 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING: REZONING of 809 Quince Hill Road from R-1 to R-3 Chairman Brannen opened the public hearing at approximately 7:01 p.m. Tim Lemons of Lemons Engineering related that he is repn=::;enLing Paul's Custom Homes and then offered the Commission additional informational regarding photographs of the project area. He stated that the proposed townhouse development would act as a buffer between the existing homes to the west, and the existing multi-family units in the Maximum Howell area. He referred to a photograph demonstrating a similar style of townhouse being proposed. He added that the developers of the project have agreed to construct a sidewalk along the south side of Quince Hill, within the limits of the property which will align with the sidewalks previously constructed to the west of subject development. He related that the developers have agreed to move the trash dumpster to the southeast corner of the project, as opposed to the front as previously presented. He reviewed the photographs of the property as it is currently and similar townhouses that are an example of the proposed development. He reviewed structures at the northwest and northeast corners of the 1 r I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. property, adding that the structure at the northeast corner is proposed to be removed. He noted multi-family development adjacent to the east, south, and southeast of the subject development. Chairman Brannen offered the floor to anyone wishing to speak in opposition to the rezoning request. Mr. John Herbold of 1100 Quince Hill Road acknowledged several multi-family developments in the area, adding that the neighborhood is experiencing problems with the sewer system. He explained that during rainy weather, the area manholes overflow. He offered that approximately two years before the Planning Commission had denied a proposal for a multi-family development in the area because of the sewer system experiencing overflowing manholes. He then noted that a single-family development of approximately seven houses was approved at the corner of North First and Quince Hill. He added that in speaking with Mr. Don Tonnies, developer of the Small Oaks Subdivision, he learned that sewer was discussed during planning approval and that he was told that this subdivision would be approved but that any other new development would not be approved because the sewer system is at maximum capacity. He stated that if the manholes are overflowing during wet weather, then outside water must be infiltrating into the sewer system. He added that if the sewer is at maximum capacity, how can it handle 15 extra units. He related that the Oak Ridge development is also being handled by the same sewer system, pointing out that the subdivision is developing very quickly. He added that from a development viewpoint, Mr. Dick Jones contributed to having the sewer system upgraded and is developing single-family homes in the area. He noted that Mr. Jones has voiced that 15 units would take 15 homes away from his development. He stated that he believes the Planning Commission should deny the proposal, offering the Wastewater Department an opportunity to upgrade the sewer before adding additional new developments. He added that he had spoken with the Wastewater Department to verify the information he has offered to the Planning Commission. Mr. Lemons offered, as point of clarification, a copy of the site plan distributed earlier with the photographs. Chairman Brannen closed the public hearing at approximately 7:11 p.m. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. City Engineer Whisker acknowledged that infiltration during wet weather has caused the manholes to overflow. He stated that regarding the request to rezone he is suggesting that if the single-family house to the front of the property is to remain, it should be a separate lot. Mr:. Bob Williams of the Wastewater Department acknowledged the situation with the northeast pump station, which serves the area in question. He related that it is not the intention of the Wastewater Department to discourage development; adding that during dry weather the pump station has adequate capacity but during wet weather, due to the I & I in the area, there are problems with wet weather capacity. He related that there are overflowing manholes, explaining that the Sewer Commission has plans to do extensive rehabilitation and upgrade the pump station in the near future. He stated that the Sewer Commission does not believe that 15 additional units will be of any significance to the existing wet weather problems. He stated that the overflowing manholes would continue to overflow until they are rehabbed, adding that the area had extensive slip lining in the early 90's and the Department intents to correct the existing problems. Mr. Williams clarified with Commissioner Stroud that barring wet weather conditions, the sewer system does not have a problem adding 15 units. In response to a question po~ed by Commissioner Young, Mr. Williams stated that the Sewer Commission has approved a study to be performed regarding area needs. He explained that the area pump station goes through the pump station on Loop Road, explaining that the Loop Road pump station would have to addressed first before upgrading the northeast pump station. He stated that the first order of business would be to stop the inflow and infiltration, so the pump stations would not have to pump storm water. He clarified that inflow is the flow from the surface and infiltration is from the ground water. Commissioner Stroud then questioned if the capacity could handle the continued development of Oak Ridge and Jamestown as well as the newly proposed 15 units. Mr. Williams reiterated that the dry weather capacity is capable but the wet weather capacity is not. He then answered that there is not a definite time frame for when the I & I problem will be 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. corrected, adding that there has been extensive rehabilitation work in the past six years with a lot more planned. He stated that work would begin at the first of 2005. Discussion ensued regarding the additional units and the impact on existing sewer problems in dry weather and wet weather conditions. In response to a question posed by Commissioner Montgomery, Mr. Williams related that the Loop Road pump station is a separate project but would be performed at the same time. He stated that an upgrade of the Loop Road pump station would be contracted. He then answered that the area in questioned has had a previous rehabilitation project, which showed a reduction of the I & I of approximately 20%. In response to a question posed by Commissioner Keaton, Mr. Paul Shield answered that the projected starting date is March 2005, with the first site being available some time in May and totally completed in a nine-month period. In response to a question posed by Commissioner McCleary, Mr. Williams stated that the study is anticipated to be completed in two years. Mr'. Lemons reasoned that the new development would be less than 5% of the existing homes or units currently on the system, adding that as new construction it would not add as much water per unit as the exiting construction having dilapidated pipes. He stated that 15 units are insignificant if you consider the amount of rainwater that is entering the sewer system. In response to a question posed by Commissioner Stroud, Mr. Herbold stated that when the pipes are full even the addition of 15 gallons would cause an overflow. He stated that wet weather conditions could not be ignored, adding that the sewer problems are a major concern for the area residents. He noted that when the manholes overflow it is not just the I & I that comes out. Commissioner Stroud noted that the development would be a good buffer between multi-family and residential. Mr. Herbold confirmed with Mr. Williams that during wet weather the system is at maximum, adding that wet weather is what concerns the neighborhood because that is when the manholes overflow. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. Discussion ensued regarding the circumstances surrounding conditions of wet weather. Several residents including Jennifer Hunt of 205 Dale Drive offered that approximately two years ago during heavy rains her house flooded and her carpeting had to be replaced because the sewer backed up. She added that her back yard during heavy rains becomes as much as 3' deep with moving water, noting the danger for her 3 year old son. She then related smells of sewer when the water recedes, as well as the hazards of mosquitoes with standing water. She stated that in the two years she has lived on Dale Drive there have been constant problems with the sewer, explaining that the sewer backs up into her bathtub. She stated that nothing needs to be added to the problem until the problem is addressed. She asked the Commission to consider present conditions that the residents have to face. Commissioner Keaton questioned the priority list Wastewater Department and the planned rehabilitation. for the Mr. Williams confirmed that the priority would be overflowing manholes, adding that the Department has been addressing overflowing manholes diligently for the past few years. In response to a question posed by Commissioner Montgomery, Mr. Williams responded that the lines on Dale Drive are cleaned on a regular basis, adding that most of the back ups occur as a result of grease and roots in the lines. He then noted that some rehabilitation work has been performed in the area, along with extensive investigative work. He added that all the lines in the Dale Drive area have been televised in the past eight months, explaining that any needed repairs are performed immediately. Commissioner Young commented on the need to situations before encouraging new development. the situation should be higher priority. Commissioner Stroud concurred. address current He stated that Commissioner Montgomery moved, seconded by Commissioner Stroud to deny the request to rezone property located at 809 Quince Hill Road from R-1 to R-3. MOTION CARRIED. Mr. Lemons questioned the feasibility of a different zoning of less density from 16 to 9 units, which would allow the developer some use of the property. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. Chairman Brannen clarified that the current request has been denied and any other request would have to follow the same procedure for public hearing. He then explained that the only alternative at this juncture would be to appeal the Planning Commission's decision to the City Council. REQUEST TO APPROVE PLATS: a. FINAL PLAT Lot 1, P&P Subdivision Chairman Brannen removed the final plat for Lot 1 of the P&P Subdivision addressed as 809 Quince Hill Road from the agenda, which was denied a rezoning request. b. SKETCH PLAT Foxwood Estates petitioner Woodhaven Homes Representative Mr. Tommy Bond of Bond Engineering related that approximately one year ago the Planning Commission rezoned the property for a mobile home park, noting that the property still carries that zoning. He explained that currently it is difficult to secure a loan for mobile homes and consequently the idea to subdivide the property into five-acre lots for single-family development was conceived. He noted that the property would be subdivided into 21 lots. He stated that it would be a private, gated community developed with an improvement district, adding that all interior improvements would be the responsibility of the property owners. He noted that the City would provide water and garbage service. He stated that the Sewer Commission has approved the concept of a low-pressure grinder pump system. He pointed out that there would not be the infiltration problems commonly experienced with a gravity sewer system. He stated that the flow is reduced by 40% when the low-pressure grinder pump system is used. He noted that the Sewer Commission has a plan to improve the pump station on Loop Road, explaining that the subdivision would tie directly into the manhole at the Loop Road pump station. In response to a question posed by Commissioner Young, Mr. Bond stated that to his knowledge there is no other development of this kind in the City limits, adding that the most similar would be Scenic Bluffs by Hwy 107. In response to a question posed by Commissioner Montgomery, Mr. Bond related that the development is adjacent to the railroad tracks, adding that the railroad has a 100' right-of-way along the tracks. He stated that the final design has not been concluded but the developer is considering a berm. He then answered that part of the property is located within the flood plain, adding that several of the lots would be half in the flood plain. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. Commissioner Stroud noted that the asphalt roads would be 20' wide with gravel shoulders, adding that normally streets are 27'. Mr. Bond stated that the street development would be typical of a rural County type development. Discussion ensued reqarding development standards for private drives versus City streets. Mr. Bond noted that the interior streets would be 20' with gravel shoulders and would be maintained by the property owners. Commissioner Stroud stated that curb and gutter would maintain the streets better. Mr. Bond related issues of costs regarding development with larger lots. City Engineer Whisker agreed with Commissioner Stroud, saying that the difference is that when you subdivide five acres you have to go before the Planning Commission, adding that he has compared the development to Forest Oaks, which is also a private community but the City has request 27' streets with curbs. He stated that this subdivision would be more of a rural setting with five-acre lots. He asked that the bill of assurance stipulate that individual lots cannot be subdivided. Mr. Bond noted that theL"e would not be a street right-of-way but simply an easement, explaining that the property owners would own to the center of the street, which would be maintained by the improvement district. In response to a question posed by Commissioner Young, Mr. Bond explained that the concept is not to have a subdivision but to have a rural atmosphere without curb and gutter. He stated that the development would probably have home that range in cost from $300,000.00 to $1,000,000.00. He stated that the development would not be visible from any public road. In response to a question posed by Commissioner Keaton, Mr. Bond stated that Fire and Police protection would be handled the same as with Forest Oaks, explaining that there would be a key code provided to the various entities providing public service. He then responded that the property adjoining the proposed development was taken out of the city limits. 7 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. In response to a question posed by Chairman Brannen, Mr. Bond related that the streets would be built to standard but would not have curb and gutter. Discussion ensued regarding the concept of the homes being setback 100 plus feet from the street. In response to a comment from Commissioner Young, Mr. Bond stated that he has mentioned the concept of a common area to the developer. Commissioner Keaton moved, seconded by Commissioner Young to approve the Sketch Plat of Foxwood Estates. MOTION CARRIED. c. PRELIMINARY PLAT Crooked Creek PH II Chairman Brannen noted that the Preliminary Plat of Crooked Creek PH II has been removed from the agenda per the request of the developer. BUILDING PERMIT(S): SITE PLAN of Lot 1, P&P Subdivision Chairman Brannen removed the site plan of Lot 1, P&P Subdivision. GENERAL: Acceptance of amendment document #2004089062 to the bill of assurance for the Dawkins Commercial Addition Mr. Ben Rice explained that the original bill of _:assurance approved by the Planning Commission noted that covenants of the bill of assurance could not be amended unless notice is given and approval is granted by the City of Jacksonville. He noted that the amendment deals with a declaration of common access easement and its use. He then added that the amendment also includes a declaration of restrictive covenants, stating that another branch bank cannot locate within the subdivision or another restaurant on lot 1. In response to a question posed by Commissioner Young, City Attorney Bamburg clarified that since the original document states that any amendment is to be approved by the City, he felt that the Planning Commission would be the property authority to address an issue of that nature. Commissioner Young moved, seconded by Commission Montgomery to accept the amendment document #2004089062 regarding the Dawkins Commercial Addition in the City of Jacksonville. MOTION CARRIED. ADDITION TO AGENDA: FINAL PLAT of Clover Ridge South PH II 8 Commissioner Stroud moved, remove the Final Plat of tabled at the previous CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. seconded by Commissioner Montgomery to Clover Ridge South PH II from being Planning Commission meeting. MOTION Mr. Bond related that the items regarding the sewer, repaired and is acceptable. weather the asphalt has not developer is prepared to post Final Plat had been tabled pending adding that the sewer has been He pointed out that due to the been completed but added that the a bond for those improvements. City Engineer Whisker agreed that weather conditions have delayed the construction of streets within the subdivision, adding that the developer has stated that he is willing to bond for the street and sidewalk improvements. He stated that the Water and Wastewater Departments have both given their letters of approval. Commissioner Keaton questioned if there were any restrictions with lots 70, 72, and 98 regarding which direction the house must face. Mr. Bond stated that the house should only face the culdesac street, adding that the request could be noted on the plat. Commissioner Stroud moved, seconded by Commissioner McCleary to approve the Final Plat of Clover Ridge South PH II stipulating that corner lots would face the culdesac and a bond is posted for street and sidewalk improvements. MOTION CARRIED. Commissioner Young noted that on the plat for Quince Hill there are 15' side yard setbacks at the corner. City Engineer Whisker noted that the same had been discussed approximately one year early, noting that setbacks have always been 35' in the front and 15' on the side. Commissioner Young stated that he believes corner developments should have an increased side yard setback. City Attorney Bamburg clarified that such a recommendation would have to be forwarded to the City Council for approval by ordinance. Commissioner Young asked that City Attorney Bamburg draft an ordinance for discussion at the next regularly scheduled Planning Commission meeting. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2004 7:00 P.M. -8:04 P.M. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 8:04 p.m. Respectfully submitted, 10 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): a. DECEMBER 13, 2004 7:00P.M. Regular Planning Commission Meeting November 8, 2004 PRELIMINARY & FINAL PLAT: Madison Subdivision Petitioners: Rich Long and Rodney Watson Representative: Bond Engineering (plats and bill of assurance included in packet) b. PRELIMINARY & FINAL PLAT: 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Lot 1 , Looper Commercial Addition Petitioner: Ciinton B. Looper, Sr. Representative: Jim Butler (plats and bill of assurance included in packet) SITE PLAN: Lot 1, Looper Commercial Addition Petitioner: Clinton B. Looper, Sr. Representative: Jim Butler (plan included in packet) r J OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 2004 7:00 P.M. -7:20 P.M. Chairman Art Brannen opened the meeting at approximately 7: 00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Susan McCleary, Mike Traylor, and Mark Chairman Brannen also answered ROLL PRESENT six (6), ABSENT three (3). Dollar, Chad Young, Kevin Stroud answered ROLL CALL. CALL and declared a quorum. Others present for the meeting were City Engineer Whisker, Mr . Tommy Bond, Deputy Clerk Tawnya Johnson, and the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Stroud moved, seconded by Commissioner Traylor that the minutes of the 8 November 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS : a. Subdivision PRELIMINARY & FINAL PLAT Madison Mr. Tommy Bond related that the location of the property is the vacant land between Fred's Discount Store and Jacksonville Flooring. He related that the owner Mr. Gwatney is selling the property to petitioners Mr. Rich Long and Mr. Rodney watson. He related that the buyers are platting two lots from the property and are proposing to develop a Dollar General Store on one of the lots. City Engineer Whisker noted the unusual shape of the second lot of the property subdivision, explaining that the sewer is provided from James Street and the water is provided from Dupree Drive. He noted that easements for both utilities would need to be granted to provide service for each lot. Mr. Bond related that there is an easement not shown at the south line of tract 1, which would be included on the final plat. City Engineer Whisker requested that a 30' access easement should also be shown, as well as sidewalks on both James Street and Dupree Drive. In response to a question posed by Commissioner Stroud, Mr. Bond stated that the proposed building would be in line with existing construction. He then answered that the second lot would be able to provide a 50' X 100' building. He then related that the Dollar General Store would front James Street. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 2004 7:00 P.M. -7:20 P.M. City Engineer Whisker pointed out that if a store were located on Dupree Drive, parking would be to the rear of the store. Commissioner Stroud moved, seconded by Commissioner Young to approve the Preliminary and Final Plats of the Madison Subdivision with proper easements for sewer and water and sidewalks on both James Street and Dupree Drive. MOTION CARRIED. b. PRELIMINARY & FINAL PLAT Lot 1, Looper Commercial Addition Mr. Jim Butler related that he is the representative for petitioner Mrs. Looper. He related that Mrs. Looper currently has a business located in the old ordinance plant area in Jacksonville, adding that Mrs. Looper wants to expand the business. City Engineer Whisker related that the building is located on Main Street next door to Peaches Gentleman Club. He stated that he is requesting the minimum 40' right-of-way for the south side of Main Street and a sidewalk as required. In response to a question Engineer Whisker related that width of the parking lot. posed by Chairman Brannen, City currently the entrance is the full Mr. Butler related that the street and the asphalt parking lot is continuous. He then related the difficulty in cutting the asphalt to place sidewalks. He added that he had mentioned to City Engineer Whisker the possibility of stripping the asphalt as a sidewalk. Commissioner Stroud mentioned in lieu of a sidewalk placing a planter that would cut the expanse of the asphalt parking lot and guide traffic through the parking area. Mr. Butler noted that there is some landscaping to the east side of the property. Commissioner Dollar pointed out that without a sidewalk it would limit pedestrian traffic. In response to a question posed by Commissioner McCleary, City Engineer Whisker related that this request is the first of its nature involving a large asphalt area already platted, aside from the one just approved for the Madison Subdivision. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 2004 7:00 P.M. -7:20 P.M. Mr. Butler offered that the petitioner would be willing to place a planter in the parking lot to break up the appearance of continued asphalt with shrubs that would not impede sight but would provide greenery. City Engineer Whisker acknowledged that there is no established sidewalk from City Hall to Redmond Road. He added that even the sidewalk requirement he felt there would be enough room for front parking for the business. In response to a question posed by Chairman Brannen, Mr. stated that the business would be a real estate office, that currently Mrs. Looper has a drapery shop to the rear business. Butler adding of her In response to a question posed by Commissioner Young, City Engineer Whisker related that the plans would encompass more than 50% value of the property. He added that Mrs. Looper has expressed reluctance regarding sidewalks and landscaping requirements. Commissioner Traylor questioned the feasibility sidewalks when no other sidewalk exist between Redmond Road. of requiring Municipal and City Engineer Whisker answered that ideally the sidewalk would be established in pieces as redevelopment occurs with the City helping to establish smaller sections. Commissioner Young questioned starting the precedence of asphalt sidewalks since Pathfinders already has an asphalt sidewalk in the area. City Engineer Whisker related that Pathfinders sidewalk is set back further with a large drainage ditch in the front of their area. Commissioner Dollar supported the idea of requesting sidewalks even if it begins in pieces, as the starting point. Commissioner Young moved, seconded by Commissioner Dollar to approve the Preliminary and Final Plat with a 40' minimum right- of-way and sidewalk. MOTION CARRIED. BUILDING PERMIT(S): Site Plan for Lot 1, Looper Commercial Addition 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 2004 7:00 P.M. -7:20 P.M. City Engineer Whisker stated that he did not feel a minimum 4' grassy area behind the sidewalk would be a problem to fit into the space available. Commissioner Young supported the recommendation, noting that the requirements should be enforced. Commissioner Stroud moved, seconded by Commissioner Dollar to approve the site plan with City Engineer Whisker approving the final landscaping plan according to established landscaping regulations. MOTION CARRIED. GENERAL: Chairman Brannen announced that tonight's meeting would end his 12-year tenure with the Planning Commission, expressing his pleasure for serving and his gratitude to the Planning Commission for their cooperation. Commissioner Stroud expressed appreciation on behalf of the Planning Commission, saying that Chairman Brannen's years of wisdom has served the Planning Commission immensely. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:20 p.m. Respectfully submitted, 4 JACKSONVILLE PLANNING COMMISSION Susan L. Davitt ANNUAL REPORT -2004 MEMBERSHIP ROSTER ANNEXATIONS AHOD DESIGNATIONS REZONING PROPOSALS REPLATS/LOT SPLITS SKETCH PRELIMINARY FINAL CONDITIONAL USES MISCELLANEOUS BUILDING PERMITS SITE PLANS BOARD OF ADJUSTMENT JACKSONVILLE PLANNING COMMISSION CITY OF JACKSONVILLE, ARKANSAS JACKSONVILLE PLANNING COMMISSION MEMBERSHIP ROSTER 2004 NAME: ADDRESS: EXPIRATION: Art Brannen* 605 North Hospital 1/1/2005 Chad Young 9 White Fox Cove 1/1/2005 William Montgomery*** 225 Hilda 1/1/2005 Bobby Lester 824 Christy Cove 1/1/2006 (resigned 1/1/05 Susan Dollar 611 East Martin 1/1/2006 Mark Stroud** 614 Nottingham 1/1/2006 Glen Keaton 712 Foxwood Drive 1/1/2007 Mike Traylor 710 Jefferson Drive 1/1/2007 Kevin McCleary*** 416 North Oak 1/1/2007 * Denotes Chairman ** Denotes Vice-Chairman and Chairman of the Board of Adjustment *** Denotes 2004 Board of Adjustment Members 1 DATE 09/13/04 ANNEXATIONS DESCRIPTION Base Meadows Subdivision City Requested Annexation P.C. COUNCIL All of that part of the SW 1/4 of Section 15, T-3-N, R-11-w, Pulaski County, lying east of Arkansas State Highway 107, less and except any part lying within the Little Rock Air Force Base (LRAFB), more particularly described as follows: Beginning at the SE corner of the said SW 1/4, said point also being monument number 31 of the Little Rock Air Force Base (LRAFB) property; thence North 88° 25' 00" West along the south line of said SW 1/4 for 1305.11 feet to a point being the SW corner of the SE ~ SW 1/4 of said Section 15; thence continue along the said south line North 88° 35' 57" West for 768.87 feet to a point on the easterly right-of-way line of State Highway 107; thence along the said easterly right-of-way along the following bearings and distances: North 19° 29' 19" East for 103.62 feet; thence North 30° 11' 19" East for 1529.78 feet to a found concrete right-of-way monument; thence along a curve to the right having a radius of 1025.40 feet and a chord bearing and distance of North 37° 14' 59" East for 252.10 feet; thence North 44° 18' 39" East for 410.89 feet; thence along a curve to the left having a radius of 1195.24 feet and a chord bearing and distance of North 28° 56' 21" East for 633.67 feet to a found concrete right-of-way monument; thence North 13° 34' 03" East for 135.30 feet to a found LRAFB monument #33; thence leaving the said easterly right-of-way line along the boundary line of LRAFB South 88° 18' 42" East for 557.25 feet; thence continue along the said LRAFB boundary South 01° 20' 32" West for 933.38 feet to a LRAFB monument #47; thence South 01° 28' 02" West along the said boundary line for 170 6. 02 feet to the point of beginning and containing 79.86 acres, more or less. AND Beginning at the west right-of-way line of State Highway 107 and the south line of Section 15, T-3-N, R-11-W; thence northerly along the west right-of-way line to the west line of Section 10, T-3-N, R-10-W; thence north to the east right-of-way line of State Highway 107 and the city limits of Jacksonville; thence southerly along the east right-of-way line of State Highway 107 to the south line of Section 15, T-3-N, R-10-W; thence west along said south line to the point of beginning. 2 SUPPORTING ANNEXATION RES. 579 10/21/04 AHOD DESIGNATIONS There were no Affordable Housing Overlay District designations in 2004. 4 DATE 03/08/04 REZONINGS DESCRIPTION Eastview Addition PH VI two tracts approximately 3.16 and 3.54 acres from R-4 & R-5 to R-2 Legally described as follows: P . C. COUNCIL Part of the South One-Half (S ~) of Section 30 , T-3-N, R-10-W, in the City of Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Beginning at the Northeast corner of Lot 27-B, Eastview Addition, Phase VI-A, as recorded in Plat Book B, Page 93, Pulaski County, Arkansas; thence North 31 o 58' 19" E, along the south boundary of Eastview Addition, Phase Vas recorded in Plat Book 37, Page 63, Pulaski County, Arkansas, 322.0 feet; thence South 58° 01' 41" E, 115.0 feet; thence N 31 o 58' 19" E, 29.0 feet; thence S 58° 01' 41" E, 231.89 feet; thence S 21° 38' 11" W, 396.43 feet; thence N 58° 01' 41" W, 253.01 feet; thence N 31° 58' 19" E, 49.0 feet; thence N 58° 01' 41" W, 165.0 feet to the point of beginning: Containing 3.16 acres, more or less. AND Part of the South Half (S ~) of Section 30, T-3-N, R-10-W, Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the center of Section 30, T-3-N, R-10-W, thence S 00° 10' 42" E, 171.63 feet; thence S 79° 16' 01" W, 30.54 feet to the easterly right-of-way line of James Street and the point of beginning; thence continuing S 79° 16" 01" E, 303.09 feet; thence S 68° 24' 32" E, 199.26 feet; thence S 17° 59' 27" W, 224.90 feet; thence S 21° 38' 11" W, 185.22 feet; thence N 58° 01' 41" W, 231.89 feet; thence S 31° 58' 19" W, 29.00 feet; thence N 58° 01' 41" W, 115.00 feet to the boundary line of Eastview Addition, PH V, as recorded in Plat Book 37, Page 63, Pulaski County Courthouse, Little Rock, Arkansas: Thence along said boundary line, N 31° 58' 19" E, 26.69 feet; thence continuing along said boundary line, N 21° 20' 20" E, 157.39 feet; thence continuing along said boundary, N 79° 16' 01" W, 114.66 feet to the easterly right-of-way line of James Street; thence along said right-of-way line along a curve to the left A chord bearing and distance, N 05° 26' 49" E, 61.92 feet (Delta = 32° 09', Radius = 316.48 feet); thence continuing along said right-of- way, N 00° 10' 42" W, 104.48 feet to the point of beginning: Containing 3.54 acres, more or less. REZONINGS continued: 5 ) DATE 04/12/04 DESCRIPTION 715 Trickey Lane 0.95 acres from R-1 to R-4 AND 5.86 acres from R-1 to R-2 Legal Description for R-4 zoning request: P. C. APPROVED 03/08/04 COUNCIL APPROVED ORO. 1223 03/18/04 Part of the NW ~ of the NE ~ of Section 31, T-3-N, R-10-W in the City of Jacksonville, Pulaski County, Arkansas, more particularly described as follows: Commence at the northeast corner of said NW ~ NE ~ Section 00; Thence West, 937.35 feet; Thence S 6° W, 30.0 feet to the point of beginning; Thence continue S 6° W, 178.8 feet; Thence S 89° 31' 41" W, 225.24 feet; Thence North, 177.9 feet; Thence East 243.73 feet to the point of beginning; containing 0.95 acres, more or less. AND Legal Description for R-2 zoning request: Part of the NW ~ of the NE ~ of Section 31, T-3-N, R-10-W in the City of Jacksonville, Pulaski County, Arkansas, more particularly described as follows: Commence at the northeast corner of said NW ~ NE ~ Section 00; Thence west, 937.35 feet; Thence S 6° W, 209 feet to the point of beginning; Thence continue S 6° W, 764.19 feet; Thence West, 296 feet; Thence North, 760 feet; thence East, 150.85 feet; Thence N 89° 31' 41" E, 225.24 feet to the point of beginning; containing 5.86 acres, more or less. TABLED UNTIL 05/10/04 Petitioner withdrew request 05/10/04 McCain and Shannon Road from C-3 to R-1 Legal Description: Part of the NE ~ of the NE ~ of Section 1, T-2-N, R-11-W, Pulaski County, Arkansas and being more particularly described as follows: Commencing at the railroad spike found for the NE corner of said Section 1, T-2-N, R-11-W, Thence N 88° 38' 55" W, 25.0 feet along the north line of said Section 1 to a #4 rebar set for the point of beginning; Thence continuing along said north line N 88° 38' 55" W, 421.0 feet REZONINGS continued: 6 DATE DESCRIPTION P. C. COUNCIL to a #4 rebar set; Thence 501° 57' 47" W, 125.0 feet to a #4 rebar set; Thence 588° 38' 55" E, 421.0 feet to a #4 rebar set; Thence N 01° 57' 47" E, 125.0 feet to the point of beginning and containing 1.21 acres more or less, basis for bearing is astronomic north as determined by solar observation. 07/12/04 900 Madden Road from R-1 to R-3 Legal Description: APPROVED 05/10/05 APPROVED ORD. 1227 05/20/04 Beginning at the SE corner of Lot 19, Madden Subdivision; then ce N 00° 17' 35" E 777.82 feet; thence s 89° 43' 30" E 133.28 feet; thence S 00° 16' 30" W 773.83 feet to the North right-of-way of Madden Road; thence S 88° 33' 56" W along the said right-of-way line 133.6 feet to the point of beginning; containing 2.36 acres, more or less. 08/09/04 11/05/04 900 Madden Road from R-1 to R-3 809 Quince Hill Road from R-1 to R-3 TABLED 07/12/04 DENIED 08/09/04 APPEAL DENIED 09/02/04 Legal: Part of the SW ~ of the SE ~ of Section 8, T-3-N, R-10-W, Jacksonville, Pulaski County, Arkansas, more particularly described as follows: Commencing at that NW corner of the SW ~ of the SE ~ of said section; thence east 195.20 feet; thence S 01° 32' 45" W, 294.79 feet; thence west, 190.34 feet; thence N 00° 36' 04" E, 294.70 feet to the point of beginning, containing 1.30 acres, more or less. 7 DENIED 11/05/04 r DATE 01/12/04 01/12/04 01/12/04 01/12/04 02/09/04 02/09/04 r , 02/09/04 I 02/09/04 02/09/04 03/08/04 04/12/04 04/12/04 PLATS DESCRIPTION FINAL PLAT Triangle Park Development, Lot 1, FINAL PLAT Small Oaks Subdivision SKETCH PLAT Hayley Heights Addition PH II PRELIMINARY PLAT Clover Ridge South PH II REPLAT Critter Hollow Subdivision Lot SF SKETCH PLAT Forest Oaks Subdivision PRELIMINARY PLAT Forest Oak Subdivision PH I PRELIMINARY PLAT Forest Oak Subdivision PH II PRELIMINARY PLAT Oak Forest Subdivision (later renamed Maple Wood) SKETCH PLAT Base Commons Addition (later known as Base Meadows) FINAL PLAT Rebsamen Medical Subdivision No. 2 Planned Unit Development FINAL PLAT 0/S CITY Hayley Heights Subdivision Lots 1-13 8 P.C. APPROVED APPROVED APPROVED W/County approval APPROVED W/Stips APPROVED W/Stips APPROVED W/Stips APPROVED W/Stips TABLED W/utility Stips APPROVED W/Stips APPROVED W/Stips DENIED As Final TABLED COUNCIL APPROVED 01/15/04 APPROVED 01/15/04 PLATS CONTINUED: DATE 05/10/04 05/10/04 05/10/04 05/10/04 05/10/04 05/10/04 06/14/04 06/14/04 06/14/04 07/12/04 07/12/04 07 /12/04 08/09/04 DESCRIPTION FINAL PLAT 0/S CITY Hayley Heights Subdivision Lots 1-13 PRELIMINARY/FINAL PLAT Rebsamen Medical Subdivision No . 2 Planned Unite Development PRELIMINARY/FINAL PLAT McCain & Shannon Road REPLAT Tract 1, Part of Plot 6 LRAFB Main Gate Development FINAL PLAT Maple Wood Subdivision FINAL PLAT Forest Oak PH I REPLAT Brown Addition Lots 12 -15 REPLAT Dupree's East Subdivision Lots 40, 41. & 42 SKETCH PLAT Marple Industrial Park FINAL PLAT Crowder Industrial Subdivision REVISED SKETCH PLAT Marple Industrial Park PRELIMINARY PLAT Forest Oaks PH II PRELIMINARY PLAT Forest Oaks PH II 9 P.C . COUNCIL APPROVED APPROVED APPROVED W/Stips 05/20/04 APPROVED APPROVED W/Stips 05/20/04 APPROVED W/Stips APPROVED APPROVED 05/20/04 APPROVED APPROVED 05/20/04 APPROVED APPROVED TABLED W/ Recommendations APPROVED APPROVED TABLED APPROVED W/Utility Stipulations APPROVED 07/15/04 { PLATS CONTINUED: DATE 08/09/04 08/09/04 08/09/04 08/09/04 08/09/04 09/13/04 09/13/04 09/13/04 09/13/04 09/13/04 10/11/04 10/11/04 DESCRIPTION PRELIMINARY PLAT Base Meadow Addition PH I PRELIMINARY/FINAL PLAT Dawkins Commercial Addition Lots 1F, 2F, & 3F FINAL PLAT Clover Ridge PH I North FINAL PLAT Clover Ridge Subdivision Tract "C" REPLAT Jim Jez Commercial Development REVISED PRELIMINARY PLAT Base Meadows Addition PH I FINAL PLAT Dawkins Commercial Addition Lots 1F, 2F, & 3F FINAL PLAT Clover Ridge Subdivision Tract "C" FINAL PLAT Eastview Addition PH VI Lots 9 -14 REPLAT part of Tract "A" West Jacksonville Subdivision No. 1 PRELIMINARY PLAT Hayley Heights Lots 14 -50 REVISED FINAL PLAT Clover Ridge Subdivision PH II South 10 P.C. TABLED APPROVED W/Stips APPROVED W/Stips TABLED APPROVED APPROVED W/Stips APPROVED W/Stips APPROVED W/Stips COUNCIL APPROVED 09/16/04 APPROVED 08/19/04 APPROVED 09/16/04 APPROVED 09/16/04 APPROVED APPROVED 09/16/04 APPROVED APPROVED W/STIPS TABLED PLATS CONTINUED: DATE 10/11/04 11/08/04 11/08/04 11/08/04 11/08/04 12/13/04 12/13/04 DESCRIPTION PRELIMINARY PLAT Worley's Place FINAL PLAT P&P Subdivision Lot 1 SKETCH PLAT Foxwood Estate PRELIMINARY PLAT Crooked Creek Subdivision PH II FINAL PLAT Clover Ridge Subdivision PH II South PRELIMINARY/FINAL PLAT Madison Subdivision PRELIMINARY/FINAL PLAT Looper Commercial Addition 11 P.C. COUNCIL APPROVED WI recommendations REZONING DENIED Plat withdrawn APPROVED WITHDRAWN by Petitioner APPROVED W/Stips APPROVED W/Stips APPROVED W/Stips APPROVED 12/16/04 WITHDRAWN by petitioner DATE 01/12/04 01/12/04 02/09/04 02/09/04 04/12/04 06/14/04 08/09/04 10/11/04 10/11/04 10/11/04 CONDITIONAL USES DESCRIPTION 2611 West Main Conditional Use as a church 1504 Loop Road Conditional Use for Mini-warehouses 1504 Loop Road Crematorium in C-2 zone 104 North First Street Robinson Mortuary Prayer Chapel C-1 in C-2 zone Corner of Loop and Military Strip Center and Restaurant C-2 in a C-1 zone 712, 714, 716 & 718 Smart Street Mt. Pisgah Baptist Church Classroom & Daycare in R-1 zone 1816 West Main Community Bank Branch C-2 in a C-3 701 West Main Street continued conditional use gas station & U-haul 1701 South Hwy 161 daycare in a C-3 zone 209 North Bailey mixed zoning use of residential & commercial 12 P.C. APPROVED APPROVED APPROVED APPROVED W/STIPS APPROVED APPROVED APPROVED APPROVED APPROVED W/Parking Waiver APPROVED contingent landscaping DATE 01/12/04 07/12/04 08/09/04 11/08/04 12/13/04 BUILDING PERMITS DESCRIPTION 2414 Marshall Road Landmark Missionary Baptist Church 2103 Cloverdale Road Single-family residence 1816 West Main Street Dawkins Commercial Addition Lot H' Preliminary Site Plan Lot 1, P&P Subdivision Site Plan Townhouses Lot 1, Looper Commercial Addition Site Plan Real Estate Office/Rear Drapery Shop (later withdrawn by petitioner) 13 P.C. APPROVED W/stips APPROVED INFORMATIONAL ITEM WITHDRAWN APPROVED W/landscaping stipulations DATE 01/12/04 01/12/04 02/09/04 03/08/04 03/08/04 04/12/04 04/12/04 06/14/04 07/12/04 07/12/04 09/13/04 MISCELLANEOUS DESCRIPTION PUBLIC HEARING to amend Jacksonville Municipal Code Signage SET PUBLIC HEARING Conditional Use for Crematory DISCUSSION 25' Front yard setbacks in gated communities PRESENTATION Mixed Use Draft Ordinance DISCUSSION Comprehensive Development Plan PUBLIC HEARING Comprehensive Development Plan PUBLIC HEARING Mixed Use Ordinance PRESENTATION Richard Magee of Metroplan Board of Adjustment & Planning Commission rules & regulations Southwest Jacksonville conceptual transportation network for the proposed Legacy Development Proposed West Main relocation Western Hills to Fair Oaks AICUZ Update presentation by LRAFB Mr. Luciene Gilliam 14 P .C. Forwarded to City Council APPROVED APPROVED PUBLIC HEARING Set 04/12/04 PUBLIC HEARING Set 04/12/04 FORWARDED TO CITY COUNCIL FORWARD TO CITY COUNCIL RECOMMENDED Amendment to Master Street Plan RECOMMENDED TO City Council PUBLIC HEARING set 10/11/04 c.c. APPROVED ORD.1220 03/04/04 APPROVED ORD.1221 03/04/04 APPROVED ORD.1226 06/03/04 APPROVED ORD.1224 05/06/04 APPROVED ORD.1230 08/05/04 RES. 575 08/19/04 APPROVED ORD.1230 08/05/04 DATE 10/11/04 11/08/04 MISCELLANEOUS DESCRIPTION PUBLIC HEARING AICUZ Ordinance recommendation Amendment Document #2004089062 Dawkins Commercial Addition Bill of assurance 15 P.C. No formal action APPROVED c.c. r DATE 01/12/04 01/12/04 02/09/04 02/09/04 03/08/04 03/08/04 03/08/04 04/12/04 04/12/04 BOARD OF ADJUSTMENT VARIANCE SIDE YARD SETBACK Residential Carport 500 W. Hayes Kathleen Thomason BUILDING LINE SETBACK Residential 1509 Bedford John Burton FRONT & SIDE YARD SETBACKS Commercial 1200 South Hwy. 161 Jacksonville H & A SIDE YARD SETBACK 1530 West Main Street Commercial Exxon Station R.J. Yelenich BUILDING LINE SETBACK Residential 1237 Commons Drive Mr. Wallace REAR YARD SETBACK Residential 1012 Latigo Trial Albert Tate, Jr. HEIGHT VARIANCE AND BILLBOARD PERMIT 8507 Highway 161 Arkansas Memorial Gardens DENSITY SQUARE FOOTAGE & PARKING VARIANCE Hospital Drive Elderly Apartments Ben Rice AUTOMOBILE VARIANCE 520 Marshall Road Jacksonville Baptist Temple 16 ACTION APPROVED APPROVED 1. 8 ft. APPROVED 3' side 6' front W/STIPS APPROVED 14.0 ft. WITHDRAWN by PETITIONER APPROVED 6.0 ft. APPROVED 15.0 ft. APPROVED APPROVED 90-days BOARD OF ADJUSTMENT continued: DATE VARIANCE ACTION 04/12/04 REAR YARD SETBACK Residential APPROVED #9 Cardinal Court 15.0 ft. Heinz Braun W/STIPS 05/10/04 BUILDING LINE SETBACK PRIVACY FENCE Residential 5320 Ridge Road DENIED Michael J. Stroup 3.0 ft. 06/14/04 FRONT YARD SETBACK VARIANCE Residential 1500 Bedford Street APPROVED John Burton 3.0 ft. 06/14/04 FRONT YARD SETBACK VARIANCE Corrunercial 1011 Redmond Road s & J Construction TABLED 06/14/04 ACCESSORY BUILDING HEIGHT VARIANCE Residential APPROVED #6 Foxboro Cove 8.0" Mark Perry OVERTURNED 07/12/04 FRONT YARD SETBACK VARIANCE Corrunercial 1 04 North ,Tames APPROVED Ben Rice W/STIPS 07/12/04 FRONT YARD SETBACK VARIANCE PRIVACY FENCE Corrunercial APPROVED 1011 Redmond Road 13.5 ft. S & J Construction W/STIPS 08/09/04 ACCESSORY BUILDING HEIGHT VARIANCE Residential APPROVED #6 Foxboro Cove 8.0" Mark Perry W/STIPS 08/09/04 FRONT YARD SETBACK VARIANCE Residential #14 Shady Lane DENIED Chris Pitman 8.0 ft. 17 l BOARD OF ADJUSTMENT continued: DATE 08/09/04 08/09/04 10/11/04 VARIANCE SIDE YARD SETBACK VARIANCES Conunercial 617 J.P. Wright Loop Road Gary Dean FRONT YARD SETBACK VARIANCE Residential 2121 Northeastern Avenue Jonathan Hale REAR YARD SETBACK VARIANCE ACCESSORY BUILDING Conunercial 3000 North First Street Pulaski County Health Unit 18 ACTION APPROVED 8.0 ft. EAST & WEST APPROVED 4.0 ft. APPROVED 4.0 ft.