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2005JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: AGENDA JANUARY 10, 2005 7:00P.M. Regular Planning Commission Meeting December 13, 2004 4. PUBLIC HEARING(S): a. Rezoning on McArthur Drive from R-1 to R-3 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Petitioner: Mrs. Ruth Wilson (vicinity map included in packet) b. Rezoning at 500 South Bailey from R-3 to C-2 Petitioner: Mr. James Hockaday 601 Emma Street Metes and Bounds building permit Petitioner: Vernon Huiett (survey included in packet) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2005 7:00 P.M. -7:24 P.M. OPENING REMARKS: Mayor Swaim opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. He opened the floor for nominations for the 2005 Planning Commission Chairman. Commissioner Keaton moved, seconded by nominate Commissioner Stroud to serve Commission Chairman. MOTION CARRIED. Commissioner Lester to as the 2005 Planning Chairman Stroud called the meeting to order and requested ROLL CALL: Commissioners Bart Gray, Jr., Bob~y Lester, Glen Keaton, and Mike Traylor answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT five (5), ABSENT two (2). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Deputy Clerk Tawnya Johnson, and the press. Chairman Stroud opened the floor for nominations for the Vice Chairman of the Planning Commission also serving as Chairman of the Board of Adjustment. Chairman Stroud accepted Commissioner Keaton as Vice Chairman of the Planning Commission and Chairman of the Board of Adjustment. He then accepted Commissioners Traylor and Gray as members of the Board of Adjustment serving from the Planning Commission. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Traylor that the minutes of the 13 December 2004 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. Rezoning on McArthur Drive from R-1 to R-3 Chairman Stroud opened the public hearing at approximately 7:04 p.m. Mr. Mike Wilson stated that he would be representing his mother and petitioner Mrs. Ruth Wilson. He related that the property is a three-acre tract located near the main gate of the LRAFB. He explained that the property is tentatively being considered for garden apartments or condominiums, adding that presently there are no firm plans to develop or sell the property. City Engineer Whisker noted that the current land use of the property is residential, adding that the property is adjacent to the Oakwood Apartment development on the east and Entergy on the west. 1 I J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2005 7:00 P.M. -7:24 P.M. Discussion ensued regarding the request of an R-3 zoning and the specific type of development chosen. Mr. Wilson apartments, represent to related that the zoning adding that if development the Planning Commission. request that would fit plans change they would Commissioner Lester moved, seconded by Commissioner Keaton to approve the rezoning request regarding a three-acre tract of land situated between the Oakwood Apartments to the east and Entergy to the west from R-1 to R-3. MOTION CARRIED. Chairman Stroud closed the public hearing at approximately 7:10 p.m. City Attorney Bamburg noted the Ordinance would be placed on the January 20th City Council agenda. b. Rezoning at 500 South Bailey from R-3 to C-2 Chairman Stroud opened the public hearing at approximately 7:14 p.m. Owner and petitioner Mr. James Hockaday asked City Engineer Whisker to relate particulars regarding the property, explaining that he was not familiar with zoning criteria. City Engineer Whisker related that Mr. Hockaday resides at the corner of Bailey and Hwy 161, explaining that Mr. Hockaday owns two lots. He then explained that Mr. Hockaday's home is located on the lot closest to the apartment complex with a garage located on the second lot to the north. He clarified with Mr. Hockaday that the rezoning request is to accommodate the development and operation of an electronics shop. He then noted that if rezoned the property would be situated between two residential lots. In response to an observation from Chairman Stroud, City Engineer Whisker clarified that there are R-3 zoned lots in the immediate area. He then noted that a single-family residence was built on one of the R-3 lots prior to his becoming City Engineer. He then answered Chairman Stroud, that the immediate area does not have commercial zoning. He then related that the vacant property across the street is also zoned residential and that the Land Use Map shows the property as residential. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2005 7:00 P.M. -7:24 P.M. Commissioner Gray noted that a rezoning request would need to comply with the Land Use Map and that any rezoning other than residential would require an amendment to the Land Use Map prior to considering a different land use rezoning. In response to a question posed by Commissioner Keaton, Mr. Hockaday related that a Morgan building used for personal storage is the only structure currently located on the property, adding that he has not yet considered the type of structure to be developed on the property. Chairman Stroud closed the public hearing at approximately 7:17 p.m. Discussion ensued regarding the Land Use Map and City Attorney Bamburg clarified the Planning Commission has the authority to make a Land Use Map amendment recommendation to the City Council. Commissioner Traylor moved, seconded by Commissioner Gray to deny the request to rezone property at 500 South Bailey from R-3 to c- 2. MOTION CARRIED. REQUEST TO APPROVE PLATS : BUILDING PERMIT(S): 601 Emma Street Mr. Vernon Huiett related that he is proposing to build a single- family home on a metes and bounds building permit. City Engineer Whisker offered that the home is proposed to be approximately 5,000 square feet, adding that it would be 85' from the south property line to accommodate the future possibility of a 50' road easement and a 35' front yard setback. He then noted that the property is south of the Bushwood Estates development and that the house and accessory buildings are not in line with Jetta Lane making further development of the street possible if the lot were subdivided in the future. He then noted that any consideration of approval would need to include variance approval for two accessory buildings that are proposed to be over the maximum 650 square foot allowance. He added that he had learned from the Wastewater Department that the lot has not perked yet, requesting that any approval also state considerations that the lot would have to either perk or obtain sewer from the Jacksonville Wastewater Department and that a fire hydrant be provided as requested by the Fire Marshall. 3 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 10, 2005 7:00 P.M . -7:24 P.M. In response to a question posed by Commissioner Lester, Mr. Huiett related that the property is not located within the flood plain. In response to a question posed by Commissioner Keaton, Mr. Huiett answered that if the property does not perk properly there are plans to have a system designed that would tie into the new West Interceptor line being constructed. City Engineer Whisker noted that regulations state that a property has to be within 300' to tie onto the sewer system and the proposed property is 500' from the manhole. He then noted that the West Interceptor line would also be more than 500' from the proposed construction of the horne. Commissioner Gray moved, seconded by Commissioner Lester to approve the metes and bounds building permit request for 601 Emma Street including a maximum square footage variance for two accessory buildings proposed over 650 square feet, and stipulating that either the lot pass a perk test or have sewer provided by the Jacksonville Wastewater Department and that a fire hydrant be established on the property. MOTION CARRIED . GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:24 p.m. Respectfully submitted, 4 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA FEBRUARY 14, 2005 7:00P.M. Service Award presented to Art Brannen 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting January 10, 2005 4. PUBLIC HEARING(S): 5. REQUESTTOAPPROVE a. REZONING on Stanphill Road 3.32 acres R-2 Petitioner: Burton & Gray Development (plat map included in packet) b. REZONING adjacent to Growing Pines Subdivision of 15.39 acres to R-1 Petitioner: Burton & Gray Development (plat included in packet) c. REZONING at 236 Pearl Street from R-1 to C-1 Petitioner: Jacksonville Baptist Church (vicinity map included in packet) PLAT(S): a. SKETCH PLAT: Stanphill Duplex Addition Petitioner: Burton & Gray Development (plat included in packet) b. SKETCH PLAT: Growing Pines Subdivision PH II Petitioner: Burton & Gray Development (plat included in packet) c. FINAL PLAT: Northlake PH X-A Petitioner: Tom my Dupree Representative: Bond Engineering (plat included in packet) d. SKETCH PLAT: Cargile Property/Trickey Lane Petitioner: Clint Skiver Representative: Bond Engineering (plat included in packet) PLANNING COMMISSION A G E N D A continued: FEBRUARY 14, 2005 REQUEST TO APPROVE PLAT(S) CONTINUED: 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT e. PRELIMINARY PLAT: Foxwood Estates Petitioner: Jack Wilson Representative: Bond Engineering (plat included in packet) f. REPLAT: Lots 1 R & 2R, Block 1 Oakview Subdivision Petitioner: General Parts Company and William Roetsel Representative: Marlar Engineering (plat included in packet) g. PRELIMINARY & FINAL PLAT: CMC Industrial Subdivision Petitioner: City of Jacksonville (plats included in packet) h. PRELIMINARY & FINAL PLAT: Hite Industrial Subdivision Petitioner: City of Jacksonville (plats included in packet) 705 South First Street Petitioner: Kathy Fuller CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on February 14, 2005. Chairman Stroud led a standing audience in the "Pledge of Allegianceu to the flag and Commissioner Gray delivered the invocation. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Susan Dollar, Bart Keaton, and Mike Traylor answered ROLL CALL. also answered ROLL CALL and declared a quorum. ABSENT (0). Commissioner McCleary was absent. Gray, Jr. , Glen Chairman Stroud PRESENT six (6), Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mr. Tommy Dupree, Alderman Stroud, Daniel Gray, and the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Gray moved, seconded by Commissioner Traylor that the minutes of the 10 January 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): Chairman Stroud explained that the public hearings for items A & B would be opened together but no formal action would be taken due to the number of Commissioners present to act. Commissioner Gray recused himself. a. Rezoning on Stanphill Road of 3.32 acres from R-3 to R-2 and b. Rezoning 15.39 acres adjacent to Growing Pines Subdivision from R-3 to R-1 Chairman Stroud opened the public hearing at approximately 7:10 p.m. Mr. Duane Reel stated that he is representative for petitioner Burton and Gray Developers. He stated that the proposed development is for single-family residences on a major portion of the property adjacent to the Growing Pines Subdivision and a smaller tract that faces Stanphil Road is proposed for duplexes. No opposition presented. Chairman Stroud closed the public hearing at approximately 7:12 p.m. with the consensus that the public hearings would continue at the next regularly scheduled Planning Commission meeting. 1 l L ..J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. c. Rezoning at 236 Pearl Street from R-1 to C-1 Chairman Stroud opened the public hearing at approximately 7:13 p.m. Jacksonville Baptist Temple Pastor Ted Patterson of 520 Marshall Road stated that the Church owns the building at 236 Pearl Street. He explained that Pearl Street was the previous location of the Church from 1994 through 2000. He related that the Church is selling the property and the proposed buyer wants the property rezoned to commercial to facilitate being able to obtain permits that would transfer with the property. No opposition was presented. Chairman Stroud closed the public hearing at approximately 7:14 p.m. City Engineer Whisker noted that the rezoning request is in conflict with the Land Use Map, which shows the property as residential. He noted that there is a small section of property at the end of Pearl Street that is commercial. Commissioner Dollar suggested that the request may be better suited for a conditional use instead of rezoning. Mr. John Stevenson, a member of the Church of Christ, related that the buyer, Church of Christ, is requesting to use the property as their Church. He added that the Church of Christ is currently renting space at Ruther Hall on Main Street and that the Church would like to have the property on Pearl Street rezoned to C-1 in order to prevent future problems using the property as a Church. Discussion ensued and City Engineer Whisker clarified that the conditional use granted to the Jacksonville Baptist Temple does not automatically transfer to the Church of Christ. He stated that his recommendation would be a conditional use for the Church of Christ. Commissioner Dollar property being used property rezoned and stated that she did not object to as a church but did not want to see left open for other uses in the future. the the City Engineer Whisker offered that when posting the property, several neighbors questioned the rezoning but did not object to the property being continued as a church. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. Commissioner Gray noted that a rezoning would remain with the property, noting that the intent of the new owners is the same as the previous use. He stated that rezoning would not generally be the process to solve this situation, adding that a conditional use would better address the request. He stated that it would be "over kill" to rezone the property to commercial, which would forever change the property to commercial and open it to every use listed in C-1, which could impact the future ot the residential neighborhood. He stated that it would be difficult for him to support a rezoning of the property, adding that a conditional use as a church would be well within reason. Chairman Stroud concurred that a rezoning would be a move away from the Comprehensive Development Plan, pointing out that Policy states: "To provide zoning is to provide protection against preventing encroachments in order to create a climate of confidence and certainty in the minds of the homeowners about the continuation of a residential neighborhood; in order to track private investment necessary for maintaining individual residential property." He concurred that a conditional use would be the best approach for the property. Pastor Patterson asked for a if a conditional use could through the owner making that point of clarification, questioning be granted to a potential buyer request. Ch~irman Stroud stated that the buyer would need to make the request, City Engineer Whisker concurred, adding that it would have to be a joint buyer/seller application. Commissioner Dollar moved, seconded by Commissioner Traylor to deny the request to rezone the property located at 236 Pearl Street from R-1 to C-1 with the understanding that the Commission would be receptive to a conditional use request. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Stanphill Duplex Addition and b. SKETCH PLAT Growing Pines Subdivision PH II Chairman Stroud noted that items A & B would be postponed until the rezoning of said properties were addressed. c. FINAL PLAT Northlake PH X-A Representative Mr. Tommy Bond noted that five lots were originally submitted for final plat, but there are issues regarding the interior lot. He clarified that the waterline has not been extended to that lot, adding that the developer would like to exclude that lot from the final plat. 3 u CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. It was noted that lot 390 would be removed from the final plat and lots 375, 391, 392 and 393 would be submitted for final plat. City Engineer Whisker stated that the Water Department has issues regarding Northlake PH IX, which is adjacent to Northlake PH X. He clarified that there are fees the Water Department is unsure of and wanted to meet with the developer. He stated that approval would need to be contingent on approval from the Water Department. He then answered that there are no issues regarding the Wastewater Department. Developer Mr. Tommy Dupree clarified that when Comcast Cable performed some boring to install the cable, they destroyed one of the double-metered lots. He continued that City Engineer Whisker and Comcast visited the site and Comcast has paid for that part of the repairs. He added that Comcast also tore into a 24" water drainage pipe and as of last week, Comcast has replaced the pipe, which was left uncovered. He then added that during boring Comcast got close to or up against the waterline, which affected the tracer wire and its connection on approximately 60' of pipe. He related that City Engineer Whisker, the Water Department ~ and himself are in the process of solving that issue. He stated that he had posted a bond for PH IX, which includes the PH X lots-' and does not see this as a big problem. Mr. Bond added that the meter is actually in PH IX. Mr. Dupree clarified that Comcast has repaired the meter and the wire is the only issue left. City Engineer Whisker requested that a bond be posted for the sidewalks in PH X-A. It was noted that all lots being considered in the revised final plat (lots 375, 391, 392 & 393) have the unresolved issue regarding the tracer wire and that the repaired meter is located at lots 370 & 371, which is not part of present considerations. Commissioner Gray moved, seconded by Commissioner Dollar to accept the Final Plat of lots 375, 391, 392 & 393 as Northlake PH X-A subject to proper bonding for the sidewalks and the resolution of the issue regarding the water tracer wire. City Engineer Whisker noted an additional bonding issue for the Water Department. He explained that the Water Department requires a 50% bond regarding the amount of water improvements 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. made, adding that because of the way Northlake has been preliminarily platted and the way it is not being final platted, the Water Department is having difficulty tracking what has been bonded and what has not. He stated that the Water Department wants to review with Mr. Dupree to clarify bonding issues. In response to a question posed by Commissioner Gray, City Engineer Whisker answered that water is installed to the lots being final platted, but there is no sign-off from the Water Department because of issues regarding the tracer wire problem. Commissioner Gray moved, seconded by Commissioner Dollar to amend the previous motion to accept the Final Plat of lots 375, 391, 392 & 393 as Northlake PH X-A subject to proper bonding for the sidewalks and approval from the Water Department. MOTION CARRIED. d. SKETCH PLAT Cargile Property/Trickey Lane Representative Mr. Tommy Bond related that the property is a small parcel of land off Trickey Lane, adding that the owner is proposing a 25-lot subdivision. He related that the Water Department has expressed interest in acquiring a portion of the property for an elevated water tank, adding that the owner is proposing to donate two back corner lots based on 1) that the waterline constructed to the tank also serve the development and 2) that the Water Department participate in the construction of the road to the tank. He stated that sewer surrounds the proper·ty, a<l<llu<::J Ll1dL the developer is proposing G5' lots with 1200 square foot houses. City Engineer Whisker stated that he is aware the Water Department has been searching for a tank site in the area and has considered the entire 7-acres. He stated that he is not sure it is a good idea to approve a sketch plat on property that the Water Department is considering locating a water tank on. He then related that the proposed entrance to the property should line up with Bailey Street, pointing out that it is being proposed to offset approximately 50' . He stated that his third issue would be egress into the existing part communally known as Chain Link Drive, explaining that there is an existing 20' wide easement and the road is 10' with side bar ditches that lead beside the proposed development, which then dead ends. Mr. Bond noted that the road has two 90-degree bends. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. City Engineer Whisker related that the Fire Marshall has concerns with access to the area. He then related that in speaking with Water Department personnel, it is his understanding that the Water Department would like to have the water tank closer to the road. He explained that the service from Central Arkansas Water comes up the railroad to Trickey Lane and that it is proposed to branch from there and lead over to the Ray Road tank. Concerns were clarified to be two main issues with the Water Department regarding approval of a development in an area that the Water Department is interested in and that the Water Department would like to place their tank closer to the street. Secondly, it was related that the entrance should be lined up with Bailey Street and lastly issues with the existing drive regarding how to better connect the end of the existing road back into the new proposed road. In response to a question from Commissioner Gray, Mr. Bond answered that to his knowledge, the Water Department has not made an affirmative request of the owner and there has not been any legal action toward obtaining the property for a water tank. Mr. Bond then offered that a letter was forwarded to the Chairman of the Water Commission two weeks ago, making the offer previously stated regarding a 200 square foot site at the rear of the property. He added that there has been no response from the Water Commission. He stated that he is aware of this being an immediate need of the Water Department, noting that there are two or three other sites in the area within 1000 feet of this site. Discussion ensued regarding negotiations by the Water Department involving various properties desired by the Water Department, which have not come to fruition. Mr. Bond agreed with Commissioner Gray's assessment that a sketch plat only grants general authority to begin work on detailed plans, and pointed out that he feels the Water Department had an opportunity to purchase the property or at least do as his client has done and put up earnest money regarding their interest. Commissioner Gray pointed out that there were several issues raised with the sketch plat, questioning if there would be any reason that the plat could not be drawn to meet the needs of the developer and the overviews mentioned by City Engineer Whisker. Mr. Bond began to relate concerns regarding the water tank being located next to the road. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. Commissioner Gray asked Mr. Bond to comment on design concerns regarding issues of the entrance and the easement. Mr. Bond related that redesign of the entrance presents a problem, explaining that there is a limited 200' of frontage and that to shift the road over to line up with Bailey would eliminate two lots. He pointed out that even if the rules call for the streets to line up, the two streets in question are not major streets and conflicting moves would be insignificant. Commissioner Gray questioned issues regarding the access easement of the existing road. Mr. Bond responded that the proposed improvements is so much better than what they currently have, adding that he does not see that the developer has a great obligation to the property owners who purchased their property with a 20' wide access easement. He noted that the proposed improvements would provide access by the Fire Department equipment. Chairman Stroud noted that during a request to rezone the property to R-2 last year, the residents expressed their desire not have duplexes located on the property. He then noted that R- 1 would meet the earlier desires expressed by the neighborhood. Mr. Bond noted that the purchase of the property is contingent on the developer being able to develop 25 lots and his negotiations with the Water Depdr~aent. In response to a question posed by Commissioner Dollar, City Engineer Whisker stated that while it is true the proposed plan will improve the entrance, because the easement is on the property to be purchased, the developer should be held responsible to upgrade accordingly. He related that the Water Commission has not had an opportunity to meet since Mr. Bond's letter was sent and that the Commission will meet on the 23rct. Commissioner Dollar expressed concern regarding the outstanding issues and a vote from the Planning Commission. Discussion then ensued regarding the ramifications of the property being developed if the proposed street is required to line up with Bailey Street. It was noted that several development schemes have been considered for the property. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. Discussion resumed regarding the Water Department's interest in the property as a tank site according to their plan to obtain water from Central Arkansas Water. City Engineer Whisker related that this tank site is one of four sites for the Central Arkansas Water waterline to feed the south end of Jacksonville. In response to a question posed by Commissioner Keaton, Mr. Bond replied that the Water Department has the right of eminent domain. Mr. Skiver stated that he is willing to work with the Water Department, but added that if the tank site is placed at the front of the property he would loose 4 lots and jeopardize the placement of the street. City Engineer Whisker pointed out that while the Water Department has the right of eminent domain, he would not like to see the property improved, causing a higher fair market value then if left unplatted. In response to a question posed by Chairman Stroud, Mr. Bond related that Lot 4 does not currently meet lot requirement, adding that since the sketch plat drawing a boundary survey was completed and further detail has not yet been worked out. He then answered Chairman Stroud that the developer's willingness~ to proceed with the development after lots are sacrificed for the tank site and street placement would depend on negotiations with the Water Department regarding the Water Department's willingness to help with certain improvements in development of the property. Commissioner Gray noted that the approval of a sketch plat would only be approval of the general layout, adding that he does not foresee the location of the entrance street as being a major concern and that any proposal for the easement street could only improve access to the property. Commissioner Gray moved, seconded by Commissioner Keaton to approve the sketch plat as presented with further considerations to be worked out during the preliminary plat stage. Chairman Stroud noted that the sketch plat is where input from the Commission is offered to the developer for consideration. He stated that the developer is aware that some lots may be cut from the development given concerns discussed. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. At this time MOTION CARRIED, with Commissioner Traylor voting NAY and Chairman Stroud voting AYE. e. PRELIMINARY PLAT Foxwood Estates Mr. Bond related that there has not been much change from the sketch plat. He explained that most of the lots are in excess of five acres, and that there is a commercial tract to the front of the property that would probably be platted before the development is completed. He related that the developer is proposing to build a curb and gutter street approximately 1,050' into the development gate and from that point forward there would be an asphalt road as previously discussed. He stated that all lots within the development would be in an improvement district, which would maintain everything in the development excluding the water. He added that access would be provided through a code or key as with other gated communities. He related that the asphalt road would be 20' wide with gravel shoulders, adding that there would be two or three areas with an open ditch. He noted that the road would be built on elevated fill between 8 and 12" above the natural ground. He then explained that the water would run along the base of the fill, and there would only be an open ditch from the gate running 600' on one side of the road. City Engineer Whisker stated that because the road is 20' with 4' shoulders, a sidewalk from the gate to the back of the development is necessary. He added that the commercial area, to be platted separately, runs from lot 1 to the south and west. Mr. Bond stated that the only development consideration he could envision for that tract might be mini-warehouses. In response to a request from Chairman Stroud, Mr. Bond stated that as a private community he does not feel sidewalks are necessary. He added that as private property, public walking is not encouraged and that one potential buyer has expressed not wanting sidewalks on his property. Mr. Bond then answered that the curb and gutter portion of the street would be public and that there would be a turn-around at the gate. He added that the development would need to have Fire and Police protection, but pointed out that as an improvement district, taxes are levied and collected by the County for maintenance. He stated that maintenance issues would clearly be spelled out in the bill of assurance and improvement district. He added that the improvement district would be taking on full responsibly for the sewer system, which is proposed to be grinder pumps as opposed to a gravity sewer system. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. In response to a question from Commissioner Gray, City Engineer Whisker stated that normal development requirements are curb and gutter, 27' back of curb streets with a sidewalk on one side. He stated that when the sketch plat was presented several months ago the concept of a rural type setting in the City was accepted. Commissioner Dollar stated that considering the lot size she does not have a problem waiving the requirement for sidewalks. Mr. Bond related that he had viewed the same development concept in Chenal that only featured a 12' asphalt-winding road with sculptures on the side of the road. He noted that the development hosted multi-million dollar homes and that there are buyers for a rural type setting without sidewalks, curb and gutter. In response to a comment from Commissioner Dollar, Mr. stated that if the homeowners every wanted sidewalks, improvement district would be the tool to achieve that. Bond the City Engineer Whisker noted that the Subdivision would be located at the City limit boundary and defines the flood plain, which would prevent future adjacent development. Commissioner Keaton moved, seconded by Commissioner Traylor to approve the Preliminary Plat of Foxwood Estates. MOTION CARRIED. City Clerk Davitt clarified that the sketch plat for the Cargile property did not pass, adding that for an item to pass it would need five AYE votes and the item only received four. f. REPLAT of Lots 1-15 Oakview Subdivision to Lots 1R & 2R, Blk. 1 Oakview Subdivision Representative Jack Fleming of Marlar Engineering stated that the request is to replat a lot and subdivide a smaller lot that would be used for the construction of a new NAPA Auto Parts store. City Engineer Whisker noted that the property consists of 15 lots, adding that the developer is proposing to section off the southern end of the property to construct a NAPA Auto Parts Store. He related that water is on the property but the sewer Department has stated that lot 2R would need to be sewered across the front of lot 1R. He added that the City is requesting sidewalks across lots 1R and 2R and then clarified that sewer is located at the north end of James Street and would need to go south on James Street in order to reach lot 2R. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. Mr. Bob Williams of the Wastewater Department stated that the property has been sewered, explaining that there is a manhole on the Church property and a stub-out to the property. He stated that as long as the property was one tract owned by one owner, that sewer was fine, but as two separate tracts, the sewer stops on the first lot. He stated that the sewer will have to be extended to the second lot and a manhole poured to serve the lot and an easement dedicated across lot lR. City Engineer Whisker stated that the City's recommendation is to have sidewalks along James Street and John Harden. It was clarified that the 3. 2-acre tract is being replatted to two lots instead of the previous 15 lots. Commissioner Gray stated that his concern would be traffic, access and easements for vehicles coming on and off John Harden and James Street. City Engineer Whisker pointed out that the ingress and egress is from one spot on James Street and one on John Harden. Chairman Stroud noted that the development scheme of the auto parts store features a good amount of green space. City Engineer Whisker concurred, noting a 6' buffer along the front edge with several islands, adding that the addition of building la.nd::;ci:::l!Jlil<::J Wd::; d cuHuueuL he had forwarded back to the developer. He noted that if the replat is approved the building plans would not come back through the Planning Commission as long as they met all required setbacks. Commissioner Gray commented that there appears to be a portion of land not developed on the east side of the tract, clarifying that the store faces James Street with a large tract to the east side. Discussion ensued regarding the internal streets and the existing easements. Mr. Fleming stated that the proposal features internal easements for internal access drives, not proposed as public streets. Commissioner Gray voiced concern regarding the potential use of the remaining property, stating that it appears that the two lots should be subdivided into three lots. He added that the property line should follow more closely to the way the street is drawn. 11 r I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. City Engineer Whisker agreed, adding that if the owner decides to add a third lot he would have to replat lot 2R into 2 lots. Mr. Fleming related that the whole point was to provide NAPA Auto Parts their lot so they could build, adding that the remainder could be subdivided later if someone became interested in the property. City Engineer Whisker stated that having the access easement allows access for any properties to go in. Commissioner Gray related that his next concern is the entrance from James Street, explaining that access to the second lot is gained through entering someone else's property. Mr. Mathew Kazsanski with Planners & Engineers Collaborative from Georgia stated that he believes what is being referred to is the access easement proposed on the replat, adding that it actually remains in between the two lots and would grant access to NAPA and any other future structure. He noted that the proposed plan also provides for speed bumps and traffic slowing devices so that it is not just a direct access to another road. Commissioner Gray mentioned that he felt the lot would have been better drawn to curve and conform to the access easement. Mr. Fleming related that there is a side road from Hwy 67/.167, because the Highway Department requires it to be so many feet from that exit. Commissioner Traylor noted that there would not be a direct entrance into Lot 1 off of John Harden and City Engineer Whisker clarified that traffic would have to come in through the access off John Harden and turn onto the lot. Mr. Kazsanski noted that the access easement would allow access to any other parcel that would ever be built, adding that there would not be a need for another access on this property to John Harden. Chairman Stroud clarified that the replat would use access off Lot 2R for Lot 1R. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. Mr. Kazsanski clarified that the Subdivision is being replatted into two lots to provide NAPA Auto Parts a place to build, he added that the way the easements are configured is to meet the requirements of the State Highway Department, so that there would not be a drive into NAPA Auto Parts from where the access is on the Interstate Highway. He explained that the property owner is allowing an access easement across lot 2R to be able to get NAPA Auto Parts an access into their property off John Harden and off James Street. He stated that to be the only reason the access easements are configured as such and added that if in the future someone wants to use lot 2R then it could be further subdivided into something that would configure to what another may want. Chairman Stroud stated it is his understanding that Commissioner Gray's question was why lot lR was not expanded to include the access road off John Harden. Commissioner Gray pointed out access easement all the way property, adding that he is not that the plat is showing a 40' onto the northern part of the certain why it needs to be there. Mr. Fleming answered that the simple answer is that NAPA does not want to pay for property it is not going to use when an access easement can be granted, which is a general condition that is often done on commercial sites. Commissioner Gray the way around, represent what is question why the 40' access easement goes all when a entrance access easement would more trying to be accomplished. Mr. Fleming replied that this is an access easement/driveway easement that is for the entire property. Commissioner Gray commented that the plat shows a complete through access from James Street to John Harden, which appears to be a future development that will circle behind the new store. City Engineer Whisker reiterated and Commissioner Gray concurred that that the part directly east of the NAPA Store in between the circle easement is going to present itself for development when in fact it is too small for any commercial business plus parking and he is tying to avoid that situation now. He stated that the plat is giving space to something that is going to ask for a variety of waivers and not have proper parking. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. Mr. Fleming stated that he could understand Commissioner Gray's concern but added that he feels it goes back to the original issue of replatting 15 lots into 2 lots. Chairman Stroud stated that the two lots would be fine but an undeveloped lot with potential future problems is being utilized, which is what the Commission is trying to avoid. Mr. Rotzel presented the Commission with an alternative drawing that does not show the access easement on the north side of NAPA, but just an access easement on the south side. City Engineer Whisker noted that the alternative would only provide access off John Harden. Commissioner Gray stated that to be exactly what he is suggesting. Chairman Stroud asked that the brought a secondary proposal eliminating the intrusive access record reflect that Mr. Rotzel taking the north loop out, onto Lot 2R. Commissioner Gray moved, seconded by Commissioner Dollar to approve the replat based on the secondary proposal, eliminating the 40' access easement around the north side of the property and stipulating the new construction of sidewalks on James Street and John Harden Drive. MOTION CARRIED. g. PRELIMINARY & FINAL PLAT CMC Industrial Subdivision City Engineer Whisker stated that the City of Jacksonville is selling 8.57 acres, which would be a 900' southerly continuation of Swift Drive to the back fence line known as the "old Vertac property". He stated that the tract is approximately 457' deep and 900' wide and will contain a new industrial business partner for the City of Jacksonville. He stated that water is on the east side of the property and sewer can be provided from a grinder pump station into a manhole located on Swift Drive. He related that the City proposes to help rebuild the street with curb and gutter, and sidewalks along the south side of the street. In response to a question posed by Commissioner Gray, City Engineer Whisker stated that the City hopes to sell the tract before street improvements because it is over 5 acres. He noted that the property does have access at the end of Swift Drive. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. Discussion ensued regarding the location of the water tower and it was determined that the tower is in the north west corner behind the barbershop. City Engineer Whisker related that the property is on the south side of Swift Drive and the water tower is on the north side. He then answered that the property on the north side is owned by the City and is vacant industrial land that the City hopes to attract industry. It was noted that the property to the west of Swift Drive has common ownership and that none of the proposed property is located on or affected by Vertac. Commissioner Dollar moved, seconded by Commissioner Keaton to approve the Preliminary & Final Plat of the CMC Subdivision including improvement requirements of sidewalks, curb and gutter, water and sewer. MOTION CARRIED. h. PRELIMINARY & FINAL PLAT Hite Industrial Subdivision 2300 General Samuels City Engineer Whisker stated that the property is a 2-acre lot located on General Samuels to the AP&L right-of-way with the Air Force Base on the backside of the right-of-way. He related that sewer is on the property and water is on the opposite side of General Samuels. He stated that the City would build a sidewalk on the north side of General Samuels, adding that as with most industrial properties along General Samuels the City is not offering to build curb and gutter. Commissioner Gray questioned the practicality of sidewalks in an industrial zone. City Engineer Whisker related that the consensus he has received is that a sidewalk is needed, adding that a sidewalk has already been promised to an area to the east when the developer finishes development of the property. He then answered that the City would fill in the gaps with 5' sidewalks along General Samuels. Commissioner Dollar moved, seconded by Commissioner Keaton to approve the Preliminary and Final Plat of the Hite Subdivision, granting a waiver from the requirement of curb & gutter. MOTION CARRIED. BUILDING PERMIT(S): 705 South First Street Petitioner Kathy Fuller stated that as owner of the service station at 705 South First Street, she is requesting a building permit to expand. She related plans for a larger building with new pumps, tanks and improved aesthetics. 15 r u CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. City Engineer Whisker related that the Fire Marshall needs to review the plans and that he would also need a landscape plan. He noted that even with counting the pump spots as parking spaces they are still short one parking space. He then added that he would need an erosion control plan and drainage allowances on the property with a ditch in the back and the way the property drains. He stated that he would need elevations for how the water runs on both sides and back of the property. He related that the property is located in the curb of Hwy 161 directly across from Stone Street, that is directly across from Vaughn tire and there is a ditch on the back side as well as the front side, adding that these waters meet then try and go into the island by Whit Davis where all this ends up. Chairman Stroud clarified with City Engineer Whisker that a larger area of asphalt would be added to the site, which would affect water runoff with less area to soak into the ground. He then mentioned his concern that it may be difficult to design a landscaping plan that would satisfy the landscaping ordinance requirements. He stated that he has some reservations about granting a building permit without knowing what the landscaping plan is. In response to a question posed by Commissioner Gray, City Engineer Whisker related that landscaping requirements include a 6' buffer around the edge, more than 15 parking spaces require a 6% internal landscaping and 4' building landscaping around the front by the circumference of the building. He then answered that he feels the developer can meet landscaping criteria because the property is so wide in the front. He noted that the hardest part would be the pumping area in front for internal parking. He then offered that a large green area that comes in around the front to divide the two lots could count as internal parking buffer could meet the requirements. He stated that some parking could be provided to the side or rear to meet parking requirements. Chairman Stroud supported enforcement of the landscaping ordinance as part of past efforts of the Commission and former Commissioner Chad Young. Mrs. Fuller questioned the with all the asphalt and one dead end at the underpass. existing sidewalk on the Whit sidewalk requirement, stating that little green area, a sidewalk would She pointed out that there is an Davis side. 16 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 14, 2005 7:00 P.M. -8:55 P.M. City Engineer Whisker stated that the City has sidewalks on both sides of the street for arterial streets especially in areas of heavy traffic. He noted that a sidewalk on that side of the street would carry pedestrian traffic to Sandlewood Drive. In response to a question from Commissioner Gray, City Engineer Whisker related that the sidewalk requirement would be a 5' sidewalk, adding that there is a 4' sidewalk requirement for local streets and 5' for collector and above. Commissioner Dollar moved, seconded by Commissioner Gray to approve the building permit for 705 South First Street contingent that plans meet the requirements of the landscaping ordinance and that the developer will submit an erosion plan and work with City Engineer Whisker to resolve any drainage issues and approval from the Fire Marshall. MOTION CARRIED. CLARIFICATION FROM CHAIRMAN: Chairman Stroud related that he has received a request from the petitioner regarding the earlier rezoning request of 236 Pearl Street, asking that the Commission consider a change of request to a conditional use. He instructed the petitioner that a change of request would have to be resubmitted for advertising and posting considerations according to State Statute. Mrs. Rolanda Robinson asked that request and grant a conditional use advertisement a five-day allowance was no opposition to the earlier neighborhood. the Commission consider the contingent that after proper for opposition, since Lhen:! rezoning request from the Chairman Stroud reiterated that considerations according to State Statute must be followed. GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:55p.m. Respectfully submitted, 17 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): a. b. c. d. e. f. g. 5. REQUEST TO APPROVE PLAT(S): a. AGENDA MARCH 14, 2005 7:00P.M. Service Award presented to Former Chairman Art Brannen Regular Planning Commission Meeting February 14, 2005 REZONING on Stanphill Road 3.32 acres R-2 Petitioner: Burton & Gray Development REZONING adjacent to Growing Pines Subdivision of 15.39 acres to R-1 Petitioner: Burton & Gray Development CONDITIONAL USE at 236 Pearl Street Petitioner: Jacksonville Baptist Church REZONING 208 & 210 Elm Street from R-1 to R-2 and R-3 Petitioner: Mr. Johnny Bradley REZONING 4000 West Main from R-0 to C-2 Petitioner: Mr. B.J. Boroughs REZONING 1109, 1109C, & 11 09D South Road from R-0 to R-3 Petitioner: Mr. Joe Hayden REZONING 809 Quince Hill Road from R-0 to R-1 Petitioner: Paul's Custom Homes PRELIMINARY PLAT: Stanphill Duplex Addition Petitioner: Burton & Gray Development (plat included in packet) b. PRELIMINARY PLAT: Growing Pines Subdivision PH II Petitioner: Burton & Gray Development 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT c. SKETCH PLAT: P&P Subdivision 809 Quince Hill Road Petitioner: Paul's Custom Homes (plat and b.o.a. included in packet) d. PRELIMINARY PLAT: Hidden Oaks Formally submitted as Cargile/Trickey Property 2/14/2005 Petitioner: Clint Skiver e. SKETCH PLAT: Hosman Property Southeastern & Military Road Petitioner: Roger Hosman f. FINAL PLAT: Victory Addition Section 33 T -3-N, R-1 0-W Petitioner: Manly Roberts r J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on March 14, 2005. Chairman Stroud led a standing audience in the "Pledge of Allegiance" to the flag and Commissioner Dollar delivered the invocation. Chairman Stroud presented former Chairman Art service award plaque for his years of service Commission spanning from 1991 through 2004 Brannen with a to the Planning ROLL CALL: Commissioners Susan Dollar, Bart Gray, Jr., Emma Knight, Glen Keaton, Kevin McCleary, Mike Traylor, John Herbold, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT nine (9), ABSENT (0). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Thad Gray, Daniel Gray, and the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Traylor that the minutes of the 14 February 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. Chairman Stroud clarified that the motion to accept the sketch plat for the Cargile property on Trickey Lane as voted on at the previous Planning Commission meeting did pass with a four to one vote in favor. PUBLIC HEARING(S): a. from R-3 to R-2 REZONING on Stanphill Road of 3.32 acres Chairman Stroud opened the public hearing at approximately 7: OS p.m. Mr. Daniel Gray of Burton and Gray Development related that the property is currently zoned R-3, adding that an R-2 rezoning is being requested to accommodate the proposal to develop the property for duplexes. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:06p.m. In response to a question posed by Commissioner answered that the duplexes would be rental. with Commissioner McCleary that the development landscaping codes. 1 Herbold, Mr. Gray He then affirmed would comply with CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. Commissioner Keaton moved, seconded by Commissioner Traylor to approve the rezoning request regarding a 3.32-acre tract of land located on Stanphill Road from R-3 to R-2. MOTION CARRIED with Commissioner Gray abstaining from the vote. b. REZONING 15.39 acres adjacent to Growing Pines Subdivision from R-3 to R-1 Chairman Stroud opened the public hearing at approximately 7:07 p.m. Mr. Daniel Gray stated that the 15.39 acres would be developed for approximately 31 single-family homes adjoining Growing Pines Subdivision PH I. He noted the property to be PH II of that Subdivision. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:09p.m. Commissioner Knight moved, seconded by Commissioner Dollar to approve the rezoning of approximately 15.39 acres adjacent to Growing Pines Subdivision for development as PH II of Growing Pines Subdivision. MOTION CARRIED with Commissioner Gray abstaining from the vote. c. CONDITIONAL USE at 236 Pear Street Chairman Stroud opened the public hearing at approximately 7:10 p.m. Pastor Ted Patterson of Jacksonville Baptist Temple explained that in February his Church entered into a contract to sell the building at 236 Pearl Street to the Church of Christ to be used for religious purposes. He stated that on behalf of the Church of Christ, Jacksonville Baptist is requesting a continued conditional use to operate as a church. In response to a question from a member of the audience, Chairman Stroud read the definition of conditional uses, explaining that the property, if approved, would be restricted to use as a church only. It was explained that a conditional use does not automatically transfer to new ownership and must be addressed through a new application. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:15p.m. 2 ( CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. Commissioner Gray moved, seconded by Commissioner Herbold to grant a conditional use at 236 Pearl Street to be utilized as a church facility. MOTION CARRIED. d. REZONING 208 & 210 Elm Street from R-1 to R-2 and R-3 Chairman Stroud opened the public hearing at approximately 7:16 p.m. Mr. Johnny Bradley of 1329 Southeastern stated that he is the owner of three adjacent lots on Elm Street. He explained that he is proposing to build a small set of duplexes on the lot being requested for R-2 rezoning. He then informed the Commission that the property that currently has apartments was never formally rezoned as such, so he is requesting a zoning of R-3 to match the current use of the property. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:17 p.m. City Engineer Whisker noted that the apartments were built prior to the existence of zoning laws for the City of Jacksonville. He added that the area is located in the mixed-use district, which is an area designated for higher residential density and light commercial. He stated that the request would meet with the Master Land Use Plan. In response to a question posed by Commissioner . Herbold, Mr. Bradley stated that he does not have current plans to rebuild the apartment complex. He explained that according to current zoning laws if the apartments were destroyed by fire, he would not be permitted to rebuild under the current zoning. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the rezoning of 208 & 210 Elm Street from R-1 to R-2 and R-3 respectively. MOTION CARRIED. e. REZONING 4000 West Main from R-0 to C-2 Chairman Stroud opened the public hearing at approximately 7:20 p.m. It was noted that the petitioner was not present to represent the item of business. Chairman Stroud asked that members of the audience wishing to oppose the request to make that known by a show of hands. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. It was noted that approximately 40 members of the audience signified opposition to the request, and two petitions from the area neighborhood were accepted by the City Clerk as a matter of record in opposition. In response to a question from Commissioner Gray, Whisker responded that the Land Use Map depicts residential. City Engineer the area as Chairman Stroud closed the public hearing at approximately 7:23 p.m. Commissioner Gray moved, seconded by Commissioner Herbold to deny the request to rezone 4000 West Main from R-0 to C-2. MOTION CARRIED. f. REZONING 1109, 1109C, & 11090 South Road from R-0 to C-2 Chairman Stroud opened the public hearing at approximately 7:25 p.m. Mr. Joe Hayden of 1001 Madden Road stated that he is requesting a rezoning to R-3. He then explained that the property is bordered by R-3 zoned property on the south with an apartment complex, rental property to the north, a vacant lot to the east and South Road to the west. He stated that he has no plans to build an apartment complex, adding that the property is listed for sale and an interested party has requested the property be rezoned to R-3. Mr. Harry Mathews of 1112 South Road expressed his opposition to the rezoning and to the established rental property already in the neighborhood. He related that he paid $2,000.00 dollars, fifty years ago when building his home to establish water from 500 South Road, adding that he was told by the Water Department that he would be reimbursed for every home that tied onto the water service. He stated that he has not been reimbursed for any service connections. He stated that the area consists of single- family homes except for the one apartment complex, which was built without his knowledge when he was working out town. He related that there has been drug problems regarding the apartments. He noted that a petition in opposition has been submitted. 4 l CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. Mr. Don Jackson of 1004 South Road stated he has been a resident at his present home for 27 years. He related that he learned through speaking with Mr. Hayden outside the meeting that Mr. Hayden's only intent in rezoning the property was to increase the property value. He stated that he represents Mrs. Hughey, Mr. Arcameric, and Mr. Phillips of the neighborhood. He related that South Road is being widened because of the tremendous amount of traffic, adding that there is a neighborhood effort to clean up the area. He related that the area apartments were never rezoned for apartments but were just built. He pointed out that the neighborhood consensus is not to have any more area apartments. He related incidents involving the Police and residents of the existing apartments and stated that the neighborhood would be more receptive to single-family or duplexes rather than apartments. Chairman Stroud closed the public hearing at approximately 7:34 p.m. City Engineer Whisker related that the property, which has three existing houses, is an odd 1-shape, explaining that there is a driveway easement that leads to two additional houses. Discussion ensued regarding the location of area rental property. Commissioner Knight stated that as selling agent for the property, she would be abstaining from the vote. She concurred that there is no offer pending. She related that a purchaser was lost because of the property zone, adding that there has been other interest in developing duplexes or tri-plexes on the long part of the 1-shape of the property, but nothing in writing. She stated that she is not aware of any intention to develop apartments, only some interest for constructing a turn around with nice duplexes or tri-plexes. Commissioner Dollar stated that she does not have any problem with duplexes, tri-plexes or town houses. She added that if the property is rezoned to R-3 it would open the property up to other uses such as rooming houses, boarding housing, institutions for children and the aged, private clubs, and lodges. She cautioned that the Commission would want to be careful regarding opening the property to varied permitted uses. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. Commissioner Knight stated that if it were possible to get townhouses in the area it would be a major plus for everyone, but added that it would be difficult to get a developer to commit to that kind of investment in that area. In response to a question from Chairman Stroud, Mr. Jackson pointed out that there are residents who have acreage and who could request rezoning for apartments, adding that the residents of the neighborhood are not in favor of additional apartments. He surmised that the addition of apartments to the neighborhood would jeopardize area Pathfinder residents, adding that any rezoning to R-3 would open the entire area to possible R-3. In response to a question posed by Chairman Stroud, Mr. Hayden stated that an R-2 rezoning as opposed to the property's current R-0 zoning would be more acceptable. It was clarified that the Land Use Map shows the property as residential. In response to a question posed by Commissioner Gray, Mr. Hayden and Mr. Mathews clarified that the age of the area homes is approximately 40 years. Commissioner Gray noted that there are three homes located on a single tract of land. Discussion ensued regarding the current zoning of adjacent property and it was clarified that R-3 zoning was in proximity to the property. City Engineer Whisker stated that the south side of the property touches R-3 property and the first two lots to the north are zoned R-1 followed by R-3 zoning. Commissioner Gray stated that while he is not opposed to the R-3 zoning request, without a development plan he is not certain that a rezoning would be the best action for the Planning Commission to consider. He stated that he does not believe that multi- family housing in an R-1 or R-0 neighborhood is necessarily detrimental, adding that it can lead to improvements in neighborhoods regarding new construction. Commissioner Dollar concurred, adding that a development proposal would clarify issues for rezoning possibilities. Commissioner Dollar moved, seconded by Commissioner Evans the rezoning request of 1109, 1109C & 1109D South Road. CARRIED with Commissioner Knight abstaining from the vote. 6 to deny MOTION CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. g. REZONING of 809 Quince Hill Road from R-0 to R-1 Chairman Stroud opened the public hearing at approximately 7:46 p.m. It was noted that the petitioner was not present. A petition of opposition from area residents was offered for the record. Chairman Stroud asked for a show of hands regarding opposition to the request and noted that six members of the audience were registered in opposition. Chairman Stroud closed the public hearing at approximately 7:48 p.m. Commissioner Dollar moved, seconded by Commissioner McCleary that in absence of the petitioner, to deny the request to rezone 809 Quince Hill Road. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. Addition PRELIMINARY PLAT Stanphill Duplex Chairman Stroud noted that the property was approved for rezoning at the beginning of the meeting. Commissioner Gray excused himself from the ~~eting at approximately 7:50 p.m. and returned at approximately 7:56 p.m. Mr. Daniel Gray stated that the plat consists of 13 lots to be developed a duplex subdivision. City Engineer Whisker and City Attorney Bamburg clarified a correction to the legal description submitted on the plat. City Engineer Whisker noted that the property is located along Stanphill Road. He explained a mistake by the Engineering Department noting that a collector street is 36' back to curb, back to curb, adding that in some areas the City has not observed that standard when making curb, gutter and sidewalk improvements. He added that in some instances the City has not put in the 18' of half street improvements but only 13. 5' . He went on to say that the City is requesting that the petitioner put in the full 18' along Stanphill Road with curb, gutter and sidewalk in front of the duplexes. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. Discussion ensued regarding the speed limit and if widening the street would encourage faster speeds along Stanphill Road. City Engineer Whisker commented that wider streets and centerline striping does encourage faster traffic. Chairman Stroud explained that the City made improvements to Stanphill Road, making the widening to 27' instead of 36' back to curb. City Engineer Whisker also noted that the City is only widening South Road to 27' back to curb, back to curb with sidewalk regarding an improvement project. He added that part of the problem for the City is right-of-way acquisition, explaining that it cannot be expanded regarding sidewalk installation without having 60' of right-of-way. He noted that in the situation involving the proposed plat there is enough right-of-way, adding that the proposed plan shows a 4' buffered sidewalk of 5'. Mr. Daniel Gray agreed to the curb, gutter and sidewalk recommendation, but added that when the street was designed it was designed as a normal residential street instead of a collector street. He stated that he feels the Master Street Plans needs to be reviewed, adding that it shows Pearl Street as a feeder street even though it is a dead-end street. He agreed with Chairman Stroud that his contention is that Stanphill is not a heavily traveled street, adding that he had related to City Engineer Whisker that without the City having made improvements to Stanphill he would not have considered thl!::l f.H"uj ect. Discussion ensued regarding the increased traffic as a result of adding the duplex subdivision and Mr. Gray related that the design of a double-driveway would accommodate four vehicles per unit. City Engineer Whisker conceded that there are minor discrepancies regarding the Master Street Plan, but pointed out that Stanphill is listed as a collector street. He then pointed out that Stanphill does collect the apartment t raffic and traffic generated off Lemac heading west. Mr. Daniel Gray bottleneck if the questioned street is earlier City improvements. the possibility of creating a developed as requested regarding Chairman Stroud noted that there is a large buffer distance buffer the development and the City's improvement area. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. Discussion ensued regarding efforts to stay with the Master Street Plan. Mr. Gray noted that the Sketch Plat was presented to the Commission last month but was unable to be addressed due to the lack of available Commissioners. He added that he was expecting to have recommendations from the Commission at that time. Chairman Stroud answered Mr. Gray that amendments to the Master Street Plan regarding Stanphill Road could not be addressed at this meeting. City Engineer Whisker then answered that developers are requested to make improvements to 36' back to curb, back to curb such as with Harris Road regarding the Forest Oak development and Small Oaks at the corner of North First and Quince Hill Road. City Engineer Whisker then answered that those situations are similar to Stanphill, further explaining that there were right-of-way constraints in the case of Madden Road and South Road. In response to a question posed by Commissioner Herbold, Mr. Gray related that if held to the 36' improvements he would loose 5' on the front of the development. He explained that the current duplex plans do not feature garages or carports, which is something that he is considering, adding that loosing 5' of the lot would restrict the driveway to two cars and cause parking on the street. Commissioner Keaton questioned the comfort factor in holding a developer to higher standards than the City has observed. In response to a question posed by Commissioner Evans, City Engineer Whisker explained that the design standards for South Road and Madden Road were due to right-of-way constraints, adding that Stanphill Road was a design mistake by the City. He then answered that exceptions were made in the first instance because the City did not own the land and the design was made to fit the amount of land the City did have. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Preliminary Plat for Stanphill Duplex Addition with sidewalk, curb and gutter improvements, granting a waiver of the 36' street requirement to a 27' street improvement. MOTION CARRIED with Commissioner Gray abstaining. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. b. PRELIMINARY PLAT Growing Pines Subdivision PH II Petitioner Daniel Gray stated that the development is adjacent to Growing Pines Subdivision PH I, explaining that the only difference in the bill of assurance is the requirement of brick fronts for the houses. He noted that the streets are proposed to be 27' back to back with one culdesac leading from Stevenson Street. City Engineer Whisker noted that PH II would be required to have a sidewalk from Ray Road along Growing Pines Drive. He added that the only design difference he would suggest is turning the Ray Road drainage back behind the detention area. He then answered that the Water and Wastewater Departments did not foresee any problems in the development. Commissioner Dollar moved, seconded by Commissioner Herbold to approve the Preliminary Plat for Growing Pines Subdivision PH II with the addition of sidewalks as requested by City Engineer Whisker. Discussion ensued regarding the exact placement of the sidewalk as directed by City Engineer Whisker. Mr. Gray noted that the suggested sidewalk would lead from the corner lot (lot 43) on Pine View Drive to a gas easement in the existing subdivision, which does not have sidewalks. At this time, MOTION CARRIED with Commissioner Keaton voting NAY and Commissioner Gray abstaining. Chairman Gray excused himself from the remainder of the meeting relating a family emergency. c. SKETCH PLAT P&P Subdivision Chairman Stroud noted that the petitioner is not present to represent the item of business. d. PRELIMINARY PLAT Hidden Oaks formally submitted as Cargile Property/Trickey Lane Mr. Tommy Bond related that the sketch plat was presented last month, noting that development issues were discussed at length. He related that alignment of the proposed street with the existing street would eliminate two lots from the development, adding that it was his understanding that traffic would not be significant enough to warrant alignment and that conflicts of 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. movement would be insignificant. He related that another issue was the turnaround that accommodates five houses at the end of a 10' wide drive, adding that the Fire Marshall preferred a circular drive exiting between lots 5 and 6. He stated that the proposed plans are a great improvement from the present situation and it is felt to be too great a demand to ask the developer to correct an error the City firstly allowed. He then addressed a third i tern regarding the water tower location, explaining that the developer has met with the Water Commission since the last Planning Corrunission meeting and hopes that the issue has been resolved. He noted that the Water Commission Chairman is present in the audience. City Engineer Whisker acknowledged that while there is a minor amount of traffic, Ordinances require that as many roads as possible be aligned. He then noted that the plat shows 25' front yard setbacks which should be 35', adding that lot 22 and 23 do not meet R-1 requirements of 60' X 100' and further concerns for being able to fit a house within R-1 setbacks on lot 21. He related that the Fire Marshall has expressed concerns regarding Fire Department equipment access, saying that the Fire Marshall would like to see the road looped through. He added that he discussed the possibility of a 20' easement between lots 5 and 6 to accorrunodate Fire Department equipment. He then noted that the developer is proposing to use the street as a retention area for part of the development, which he does not recorrunend. He stated that the developer is also proposing to use 12n pipe for retention, and he would prefer 18" pipe and that the developer find another location for retention. He related in speaking with Water Corrunission representatives, his understanding is that the tower location is undecided. He added that until an agreement is reached with the Water Commission, he has severe reservations about allowing the subdivision to move forward. Water Corrunission Chairman Thad Gray explained that the Water Commission is investigating the site as rapidly as possible. He stated that the Commission is moving forward with the bore test, and project engineers are in the process of determining if the southern tract is sufficient for a water tank. He related that it is undecided if there will be two lines, an incoming transmission line and an outgoing distribution line from the tank. He noted the Commission's sentiment that a wider than normal easement is required to accorrunodate a larger pipe leading to the tank. He added that neither the engineers nor Department heads have determined if the site would be sufficient, adding 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. that a decision tonight may be one month too early for their consensus. He stated that with a clearer understanding of the circumstances, he is confident a resolution is forthcoming. Mr. Bond stated that given the proposal of 1200 square foot homes on smaller lots he feels a 25' front yard setback is more appropriate, explaining that adding 10' increases the overall cost to the homebuyer by approximately one to two thousand dollars due to the length of driveway and utilities. He related that the development would be an isolated and largely unnoticed subdivision by traffic on Trickey Lane, adding that the S-curve in the street would prevent from being able to see directly into the subdivision. He noted that the cities of Cabot, North Little Rock and Sherwood all have 25' setbacks. Chairman Stroud noted that a 25' setback is available in gated communities. Discussion ensued regarding the feasibility of placing homes on lots 22, 23, and 21 if the setbacks are changed to 35' setbacks. Chairman Stroud stated that a further burden does not need to be placed on the Board of Adjustment regarding variances for lots that are non-conforming and cannot meet proper setbacks. Mr. Bond proposed that if lot 22 were eliminated to comply with City Engineer Whisker's recommendation regarding the retention, then lot 21 would be fixed regarding setback requirements. Commissioner Knight stated that she would rather see concerns corrected on the front end rather than have it said later that the City made a mistake in accepting the plat as presented. In response to a question posed by Commissioner Traylor, Mr. Bond explained that in exchange for building the road to the water tank, the developer is asking the Water Commission to allow him to put the water services for the development on their waterline and to contribute the cost that would have been spent to build a road to the water tank. He related that he has calculated that amount to be $25,000.00, adding that for that amount the landowner would donate the tank tract to the City. City Engineer Whisker reiterated that he is recommending that the Planning Commission not act on the preliminary plat until all issues are resolved, adding that the preliminary plat does not show any easements regarding related matters of concern. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. Mr. Bond stated that his client's purchase agreement expires before the Planning Commission will meet again, which would leave him with the dilemma of purchasing the property without knowing if he will be able to develop the property. In response to a question posed by related that the proposed buyer extension regarding the purchase. Commissioner Keaton, Mr. Bond has already been given one In response to a question posed by Chairman Stroud, Mr. Bob Williams answered that there are no issues for the Wastewater Department. Commissioner Dollar moved, seconded by Commissioner Traylor to table the plat until the regularly scheduled Planning Commission meeting in April. MOTION CARRIED. e. SKETCH PLAT Hosman Property Mr. Tommy Bond related that the property is a parcel that consists of 122 lots not including the commercial area. He related that the commercial property already has commercial buildings along with a large home that is Mr. Hosman's residence. He related that the major issue would probably be the proposed realignment of Loop Road as presented by City Engineer Whisker last year. He noted that the realignment proposal would cut through the development, and would cost the development 18 lots and 3 acres regarding the 100' right-of-way. In response to a question posed by Commissioner Herbold, City Engineer Whisker stated that the proposal to realign Loop Road has been incorporated into the Master Street Plan. He stated that the proposal is to extend Loop Road south into an S-curve and lead it onto Southeastern, making Southeastern the main north/ south corridor through to Galloway. He related that the reason for the realignment is to get traffic that is headed north from Southeastern to Loop Road. Mr. Bond offered a similar shorter connection proposal, saying that the alternative would pick up Loop Road and cut across as soon as possible going across City owned property. He stated that City Engineer Whisker may have some concerns regarding the sharpness of the turn with the alternative plan. He noted that as a residential area, traffic would not be encouraged to move too fast through the area. He related that the alternative plan would have far less impact on the development, loosing five lots and approximately one acre for right-of-way, adding that would 13 ·. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. also be the difference between a 100' right-of-way and a 50' right-of-way. He noted that currently Loop Road is a 100' right- of-way. He stated that the original plan has a $500, 000 impact on the development versus a $135,000 impact, not counting construction cost. In response to an observation made by Commissioner Traylor, Mr. Bond replied that one of the considerations under the alternative plan would be driveway access onto Loop Road for those lots adjacent to Loop Road. City Engineer Whisker stated that an easier compromise would be a shared driveway to Loop Road, citing the case with Western Hills and Main Street. He added that the alternative plan would depend on the Water Department surrendering right-of-way and the design speed meeting a 35mph through the area, which he feels would make the alternative plan more reasonable. Commissioner Herbold questioned the possible hazard regarding the sharp turn immediately before traffic would pull onto Loop Road. Mr. Bond stated that the simple solution would be for the City to acquire the five lots requiring access to Loop Road, which could cost approximately $125,000 at $25,000.00 per lot. City Engineer Whisker suggested that the houses on -cnose five lots either back-up to the property or not have direct frontage on Loop Road, as is the ce:u:H:~ wl Lh Collenwood 3ubdi vision and Crooked Creek Subdivision. He suggested a small culdesac having the access as close to the straight-away as possible. Chairman Stroud questioned the intent regarding the width of the extension leading to Loop Road, which has a 100' right-of-way on the Master Street Plan. Mr. Bond noted that it has not yet been decided who would build the road, adding that he feels if the City wants the extension then the City should build the road. In response to a comment from Chairman Stroud, City Engineer Whisker stated that he feels the road should be the same size as the existing Loop Road. Discussion ensued regarding the optimum circumstances that would benefit the project, and City Engineer Whisker stated it is his feeling that the ultimate goal is to close Southeastern from Military Road and save the Water Department line. 14 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. Mr. Bond noted that the City owns all the property between Military Road and where the proposed road would intersect, with the exception of the Crutchfield property on the west side. Safety issues were raised regarding the intersection; and Mr. Bond noted that traffic would be stopped at Military and Loop Road, saying that he does not feel that the curve ahead would create a serious impact for traffic. Chairman Stroud questioned the specificity in the Master Street Plan regarding the road's width. City Engineer Whisker stated that the Master Street Plan show the road as an arterial street, adding that he believes the right-of- way would be 8'. He added that he believes the guideline states that no landowner should be burdened for more than 50 linear feet for right-of-way. He then noted that Loop Road from Military to North First has 100' right-of-way. Mr. Bond stated that Loop Road is constructed so that as traffic is traveling south and east the right edge of the pavement is the centerline of the road when additional lanes are constructed in the future. Chairman Stroud related the need for prudent planning regarding the proximity of homes and the future widening of Loop Road. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Sketch Plat of the Hosman Property stipulating a compromise with City Engineer Whisker regarding the five lots of concern and the 100' right-of-way. MOTION CARRIED. f. FINAL PLAT Victory Addition Mr. Bond related that the property is located between the water plant and the Hosman property, adding that the property is 318' wide. He related that there is a residence located on one of the parcels and the developer is proposing to construct a service station/convenience store on the second parcel. City Engineer Whisker clarified that the two parcels consist of approximately 2 acres and was rezoned to C-3 a couple of months ago. City Attorney Bamburg clarified that the existing house can continue in its use as a non-conforming use, until modified or reconstructed for commercial. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. City Engineer Whisker related the developer's desire to have more than one driveway for Tract 1, adding that there has to be 150' from each side of the property line and 300' between the two drives in order to have two drives. He noted that the property is not much over 300' . He explained the developers reasoning that it would be an easier traffic pattern for large tankers delivering gas to the site. He pointed out that the two 40' driveways as shown on the original sketch was approved by the Highway Department, contingent to approval by the Jacksonville Planning Commission. He stated that he feels one driveway instead two would be better. Owner Mr. Esmaeil Adineh-Kharat stated that he is a real estate investor who has lived in Jacksonville for approximately 30 years. He related his contributions to the City of Jacksonville including various easements, explaining that he is now requesting two drives to accommodate an easier traffic pattern for the property. He explained the circumstances regarding the ease of two drives versus one for gas deli very. He related that the Highway Department did not foresee a problem with two drives. City Engineer Whisker stated that he had recommended splitting the lot to get the two driveways and have a common access between Tract 1 and 2, noting an existing driveway to the house on the second tract. He noted that would provide one driveway for each tract. Mr. Esmaeil Adineh-Kharat noted that there is no other convenience store in Jacksonville with only one driveway. He presented the Commission with a concept drawing of the store, noting its aesthetic enhancements costing over 1.5 million dollars. Commissioner Knight noted that safety is the main reason for the distance between the drives, acknowledging future development of the area. Mr. Esmaeil Adineh-Kharat reiterated that the Highway Department approved the concept of two drives. Commissioner Traylor questioned how the aforementioned changes for Loop Road would fit into the proposal being presented. Mr. Bond related that the alternative proposal for Loop Road would go behind the building and that this property would not touch the realignment of Loop Road. 16 . I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. City Engineer Whisker stated that there is a piece of ground between what the Loop Road extension would be and tract 2 that is owned by Mr. Hosman and zoned corrunercial. Discussion ensued regarding Loop Road right-of-way. Chairman Stroud proposed the compromise of having the driveway on tract l and another on tract 2 that would provide a combined drive to the store and the house. City Engineer Whisker stated that there is an existing driveway to the house on tract 2, adding that it is his understanding that the owner wants to live in the house during the construction of the convenience store. He added that the owner did not want to irrunedia tely make tract 2 corrunercial, and did not want traffic driving onto the lot that has a house. He stated that his point was that there could be two driveways if they are linked between the two properties. Chairman Stroud question if linking the existing drive with a new drive would meet the distance requirements. City Engineer Whisker reiterated that the drive for tract l and a drive for tract 2, internal easement. owner could have a linking them with an Mr. Esmaeil Adineh-Kharat stated that he would be agreeable to any compromise that would provide two drives to the convenience store, he agreed to all improvements and landscaping regulations as required by the City. Commissioner Dollar moved to approve the Final Plat of the Victory Addition with one driveway on tract 1 connecting to a driveway on tract 2, stipulating sidewalks and landscaping requirements. Mr. Bond stated that the only remaining question would be if the existing gravel driveway could be left in place temporarily until such time as the house is changed to corrunercial purposes. He went on to say that there would be a second driveway near the property line to serve the convenience store as well as the one that would be on the convenience store lot (tract 1). 17 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 14, 2005 7:00 P.M. -9:15 P.M. In response to a comment from Commissioner Dollar, City Engineer Whisker stated that there would be a commercial drive on tract 1, a commercial drive on tract 2 interconnected through the property and the existing driveway to the house until such time as the house is removed or changed to commercial use. Commissioner Dollar stated that if the house is converted to a commercial use, the gravel drive would need to be removed, leaving only two, not three commercial drives. In response to a question from Commissioner Herbold, City Engineer Whisker stated that the location of the drive on tract 1 is determined by being 150' from each property line as required by the ordinance, making it almost centered on lot 1. He then noted that tract 2 would also have a center commercial drive as near as possible. Commissioner Dollar moved, seconded by Commissioner Knight to approve the Final Plat of the Victory Addition with one commercial drive on tract 1 connecting to a commercial drive on tract 2, stipulating sidewalks and landscaping requirements and allowing the residential gravel drive to remain until such time as tract 2 is converted to commercial use, at which time the residential drive will be closed and the commercial drive will serve as access to the property. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 9:15p.m. Respectfully submitted, 18 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES : AGENDA APRIL 11, 2005 7:00P.M. Regular Planning Commission Meeting March 14, 2005 4. PUBLIC HEARING(S): a. REZONING 1504, 1508, & 1512 Plummer from R-2 to R-1 Petitioner: Sam Bostic 5. REQUEST TO APPROVE b. REZONING 2.0 acres on Valentine Road from R-0 to R-2 Petitioner: Brian Boroughs c. REZONING 210 & 216 Bellevue Circle from R-3 to R-2 Petitioner: Ellison Properties d. REZONING 16 acres on Madden Road from R-1 to R-0 Petitioner: David A. Boyd PLAT(S): a. PRELIMINARY PLAT: Hidden Oaks Tabled from the March 141h meeting Petitioner: Clint Skiver Representative: Bond Engineering 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. PRELIMINARY PLAT: Crooked Creek PH II Petitioner: Glynn Underwood Representative: Bond Engineering c. SKETCH PLAT: Lost Creek Petitioner: James Bowman & Paul Fulmer Representative: R&K Services d. PRELIMINARY PLAT: Northlake XI Subdivision Petitioner: Tommy Dupree Representative: Bond Engineering e. REVISED SKETCH PLAT: Hosman Property Petitioner: Roger Hosman OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on April 11, 2005. Chairman Stroud led a standing audience in the "Pledge of Allegiance" to the flag and Commissioner Evans delivered the invocation. ROLL CALL: Commissioners Bart Gray, Jr., Emma Knight, Glen Keaton, Mike Traylor, John Herbold, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (2) Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Alderman Fletcher, and the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Evans moved, seconded by Commissioner Keaton that the minutes of the 14 March 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 1504, 1508, & 1512 Plummer Street from R-2 to R-1 Chairman Stroud opened the public hearing at approximately 7:03 p.m. Mr. Sam Bostic a resident of 1105 Madden Road, stated that he would like to change the zoning from duplexes to single-family residences. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:05p.m. Commissioner Gray moved, seconded by Commissioner Traylor to recommend to City Council the rezoning request at 1504, 1508, & 1512 Plummer Street from R-2 to R-1. MOTION CARRIED. b. REZONING 2.0 acres on Valentine Road from R-0 to R-2 Chairman Stroud opened the public hearing at approximately 7:06 p.m. Representative Tommy Bond related that the property is a 2-acre tract across from a mobile home park on Valentine Road. He stated that the owner is proposing to construct a duplex multi- family development. City Engineer Whisker related that he received one call in opposition from a resident near Emily Lane. He noted single- family homes to the south side of Valentine, a trailer park on the opposite side, and some apartments at the corner of Mayfair. 1 r J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. In response to a question posed by Commissioner Knight, City Engineer Whisker related that the property is adjacent to the Clover Ridge Subdivision PH II, which is currently being developed as single-family homes. He then reviewed existing areas of single-family zoning and answered that the area is depicted as residential on the Land Use Map. Commissioner Gray questioned if the property would need to be subdivided into lots for individual duplexes or would it be considered as a multi-family area with several duplexes on one tract. Mr. Bond stated that he felt it would come back to the question of whether there would be public streets inside the development area. He stated that he did not think platting the property would be necessary unless the City wanted public streets. He stated that similar to an apartment complex the owner would be responsible for maintenance inside the development. Discussion ensued regarding the proper zoning code for this type of development and the concept of an R-2 zoning versus an R-3. Commissioner Gray stated that the proposal appears to be better suited for an R-3 zoning rather than R-2. Mr. Bond agreed that it would be better regarding development intentions to have the property rezoned to R-3 instead of R-2, which is usually associated with duplexes. He noted that if the property is subdivided and streets are constructed it would cut the density of the development. Discussion ensued and it was determined that the Commission would table the request and the petitioner would resubmit as an R-3 rezoning request. Chairman Stroud closed the public hearing at approximately 7:18 p.m. Commissioner Gray moved, seconded by Commissioner Herbold to table the request pending re-advertisement as an R-3 rezoning request for the aforementioned property. MOTION CARRIED. c. REZONING 210 & 216 Bellevue Circle from R-3 to R-2 Chairman Stroud opened the public hearing at approximately 7:19 p.m. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. Mr. Chad Ellison related that the lots are currently zoned R-3 and he is requesting that the property be rezoned to R-2. He explained that he would like to develop duplexes, which would be consistent with the surrounding property. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:21 p.m. City Engineer Whisker related that the area consists almost entirely of duplexes with the exception of one or two houses. Commissioner Knight moved, seconded by Commissioner Traylor to recommend to the City Council the rezoning request at 210 & 216 Bellevue Circle from R-3 to R-2. MOTION CARRIED. d. REZONING 16 acres on Madden Road from R-1 to R-0 Chairman Stroud opened the public hearing at approximately 7:23 p.m. Mr. Don Boyd of 1300 Madden Road, stated that the request is to have the proposed 16 acres uniform with the remaining adjacent property. He related that the entire property consists of approximately 36 acres, and that 20 acres is already zoned R-0. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:24 p.m. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the rezoning of approximately 16 acres on Madden Road from R-1 to R-0. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Hidden Oaks Tabled from the March 14th meeting. Mr. Bond stated that he believes an agreement has been reached with one exception. He explained that City Engineer Whisker has requested an easement between lots 5 and 6 regarding fire equipment access, adding that the developer does not agree to that request. He stated that the developer's contention is that improvements to the drive more than adequately provide better access to the existing homes located to the east of the proposed subdivision. He noted that currently there is an existing 10' driveway that has two 90° bends, which he does not believe a fire truck could negotiate. He stated that the feeling is that the improvements would offer better access than the area has ever had, adding that it is also felt that the 10' easement on lots 5 and 6 would make it difficult to situate houses. 3 ) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. City Engineer Whisker stated that it would not be impossible to construct houses with the 10' easements on each lot. He related that he visited the site with Fire Marshall Pope and Fire Chief Vanderhoof to discuss an acceptable alternative by taking the existing access and turning it into a full 27' road with curb and gutter on both sides and a culdesac to the rear. He related that it is felt that the previous suggestion would have been easier for everyone concerned. He stated that the question that follows is "why should the developer be responsible for making the suggested improvements", he answered, that the access easement has always been on the developer's property and the property is being developed for profit. He stated that the developer should either make the access more accessible with a 27' street and culdesac or some sort of access between lots 5 and 6 for Fire Department equipment. City Engineer Whisker noted that the other item of disagreement was the alignment of the proposed street with the existing street, acknowledging that the traffic would not be a significant factor. He added that he believes the Water Department has worked out their situation and has a pending agreement. Mr. Bond related that the developer has an agreement with the Water Department pending the foundation study of the property. City Engineer Whisker stated that if the agreement with the Water Department does not lead to fruition, it is his understanding that the site area would be platted into two lots. He added that the 20' easement for the main line to the water tank site on the backside of the property would no longer exist. In response to a question posed by Commissioner Gray, City Engineer Whisker stated that he is not aware of any repercussion regarding the fire rating. Mr. Bond reiterated sentiments regarding improvements and Fire Department access to the existing homes. He then answered that he does not believe the current situation would have any impact on the overall fire rating, explaining that the rating is generally impacted by fire flows, fire equipment and firefighting personnel. In response to a question posed by Commissioner Keaton, City Engineer Whisker related that the road leads off the culdesac behind lots 3, 4 and 5, adding that as the access comes off lot 5 it curves around a tree. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. Mr. Bond pointed out that unless a 47.5' radius is placed on the back of lot 5, a fire truck could not make the corner to go between lots 5 and 6. He noted that the reason for a 4 7. 5' radius in culdesacs is to accommodate the turn around of fire and garbage trucks. He related that a 4 7. 5' radius would consume approximately half of lot 5. He then reiterated that currently a f l.te LL uck would have to ncgotiil to two 90 o turns an a 1 0' wide driveway to gain access. He continued that under the proposed configuration, a fire truck would not have to make any turns but would have to back out or, if possible, negotiate the turn around the tree. He added that the turn around the tree is not a 47.5' radius and he does not believe the fire equipment could make that turn around. In response to a question posed by Chairman Stroud, Mr. Bond stated that the existing driveway is shown in a 30' easement, adding that the homeowners would continue to maintain their asphalt driveway regarding lots 3, 4 and 5. He noted that it is private property with an access easement and pointed out that while it is not a public street, the City maintains the driveway. City Engineer Whisker stated that the the drive, pointing out that City experience access problems. City has helped maintain garbage trucks routinely In response to a question posed by Commissioner Knight, City Engineer Whisker stated that the drive would remain an easement but access would be gained through lots 5 and 6. He then pointed out that generally more than one emergency vehicle is required to respond and access for more than one vehicle would be necessary without having to back one piece of equipment out before another could gain access. Discussion ensued regarding the need for a 47.5' radius and City Engineer Whisker related that he is requesting a 20' easement, 10' on lot 5 and 10' on lot 6. He stated that the best scenario would be a 20' concrete drive with a 47.5' turning radius. Mr. Bond stated that the developer did not create the problem, adding that the City, allowing houses to be built on a private drive easement, created the problem many years ago. He continued that it seems inappropriate to penalize the developer by requiring him to fix what the City should have required in the first place. He related that City Engineer Whisker stated that the City would not accept the drive as a public street, adding that the property owners would have to maintain it as they 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. maintain their existing drive. He went on to say that he does not believe the City could make the property owners maintain an easement that is on someone else's property. Commissioner Gray offered that the bill of assurance might be the proper tool to stipulate maintenance for the back of lots 3, 4, and 5. Mr. Bond surmised that neither the developer nor the property owners would want responsibility for maintaining the drive. He reiterated his uncertainty that the property owners could be made to take responsibility, unless the City is willing to carry the maintenance. He pointed out that there is no leverage to make the property owners responsible. Commissioner Knight pointed out that regardless of past transgressions on anyone's part, someone has to take responsibility and begin the right course of action. She added that she does not believe it should fall on the taxpayer. She stated that she would only be able to support the project if the Water Department, Sewer Department, and Fire Chief are on board with the project. Chairman Stroud clarified that concerns are centered around lots 3, 4, and 5, and a drive between lots 5 and 6. He also noted the possibility of a turning radius at the junction of the road going between lots 5 and 6 coming behind lots 3, 4, and 5 for a culdesac. He then noted discussion of making a 27' wide street to improve the 10' drive. Mr. Bond brought up another issue regarding Fire Department equipment, saying there would have to be another 47.5' radius at the street coming between lots 5 and 6 to make a right turn, adding there would almost be enough room to build a house in the middle. Commissioner Knight questioned the possibility of combining the two lots with almost 60' frontage to make one lot. Mr. Bond agreed it could be done, but added that it would mean loosing a lot. In response to a question from Commissioner Keaton, City Engineer Whisker noted that the turn-around at the tree is not part of the subdivision property. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. Mr. Bond added that the easement actually ends at the lot line between lots 5 and 6. Discussion ensued regarding the theoretical possibility, with consent from the property owners, of moving the street slightly out and developing a 47.5' radius turn-around. Chairman Stroud mentioned concerns for the Planning Commission approving a 20' wide easement down lots 5 & 6 that will yield a 10' wide road, when it is not usual standard to build 10' roads. In response to a comment from Commissioner Evans, City Engineer Whisker responded that he had specifically discussed with the Fire Marshall having access in from Hidden Oaks Drive, and the other option of widening the existing drive into a 27' back to curb with a 47.5' radius culdesac for a fire truck turn-around at the end. Mr. Bond explained that if the big circular were deleted, it would be possible to build a 27' street down to the culdesac that is being referred to, if the property owners would agree to giving right-of-way and constructing the turn-around because the turn-around would not be on the developer's property. He offered that a street be constructed between lots 5 & 6 with a culdesac on the end. City Engineer Whisker noted that access would not reach the other two houses that are located at the culdesac being deleted. Mr. Bond stated that the only other option might be to come in with a 27' street with a culdesac at the end. City Engineer Whisker noted that it would take right-of-way from both parties to accomplish that development option. Mr. Bond added that the property owners would be responsible for a share of the construction cost regarding the turn-around. City Engineer Whisker stated that to his understanding the City has not paid for improvements for developers to create a profit. Mr. Bond stated that the developer would be asking the property owner to donate a portion of the necessary right-of-way and to share in the cost. 7 [ CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. Chairman Stroud questioned Mr. Bond, if it is his sentiment that the City should assume liability if the property owners are not able to come up with the funds. Mr. Bond pointed out that there would only be two parties to benefit, that being the property owners and the City. Chairman Stroud clarified that the proposal to reach the existing homes is for the developer to build a 27' wide street with a 90° turn down to the proposed culdesac; questioning if that would alleviate the need for an easement road between lots 5 and 6. City Engineer Whisker reiterated that the Fire Marshal has requested access to the houses, either a 27' street with a 47.5' radius turn or a street between lots 2 and 3 instead of a culdesac, or make a turn going behind lots 3, 4, and 5 with a culdesac at the back of lot 5. Chairman Stroud pointed out that part of the property would have to be donated by the property owners for this concept. Commissioner Knight noted that the property owners would need to share costs with the developer to construct the improvements. Chairman Stroud stated that he wanted to make it clear that the City should not pay for private development. He stated that the improvements would be the responsibility of the developer and the homeowners. Discussion ensued regarding the betterment neighborhood because of the improvements. of the whole Chairman Stroud raised the question of responsibility if the existing homeowners could not pay any share of the improvements. Mr. Bond stated that, in reality, the houses being proposed would be considered the lower end of the housing market, adding that the concept is to provide housing for lower income buyers. He related that the higher the development costs grow, the more expensive it would be for buyers. He stated that the other side of that reality is that the area homeowners are not wealthy and may not have the money to cover improvement costs. Additionally, he stated that it is possible the existing homeowners are content with the situation as it is and would not want a turn-around. Commissioner Evans pointed out that fire safety would be a concern for the Commission regarding improvements. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. Mr. Bond stated that it may require the City requesting the homeowners to contribute enough land to accommodate part of the land needs for the turn-around. In response to a question posed by Commissioner Traylor, Mr. Bond agreed that the 30' easement on lots 4 & 5 could be extended further· fur d turn-around if the property owners gave ovP.r Fl small portion of their property where the existing road is. Commissioner Knight stated that even if the development targeted toward lower income, she would not agree to scrimp safety issues. is on Mr. Bond agreed, saying that there was no intention to scrimp regarding safety. He stated that his only point was there are limitations as to the homeowner's ability to assist in costs, and what the developer can put into the project and still have viable homes to sell. Chairman Stroud noted the importance of safety factors and Commissioner Traylor's suggestion that most of the culdesac be moved down to lot 5 and the easement slightly moved back as a possibility. In response to a question posed by Commissioner Knight, Mr. Bond related that it is possible to put the turn-around on lots 4 and 5, if the adjoining property owner would let them use at least as far as the driveway goes on his property now, adding that it would be agreeable for them to build the road and the turn-around in that area. In response to a question from Commissioner Keaton, Mr. Bond related that it would be difficult to wait another month, if the Commission postpones the project. Commissioner Knight moved, seconded by Commissioner Herbold to approve the preliminary plat of Hidden Oaks Subdivision with the stipulation that per the requirements of the Fire Chief and Fire Marshall, that the developer and Mr. Bond determine if they can construct the turn-around on lots 4 & 5 with some property from the homeowners if necessary. Discussion ensued that if the culdesac could not fit on lots 4 and 5, the issues would have to be brought back to the Planning Commission for further consideration and that any development of roads would be to City standards. 9 At this time, MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. b. PRELIMINARY PLAT Crooked Creek PH II Mr. Tommy Bond related that PH II consists of 91 lots and meets all City requirements. City Engineer Whisker requested a sidewalk access easement in the area of lots 150 and 151 to accommodate children walking to Tolleson Elementary School without having to go along General Samuels. He noted that the sidewalk plan would follow the existing plan, inside the loop. In response to a question posed by Chairman Stroud, Mr. Bond responded that the ditch crossing on the corner would be a box culvert with a sidewalk on the top. In response to a question posed by Commissioner Herbold, Mr. Bond stated that the lot lines center on an existing concrete channel and would have an easement on each side. Commissioner Keaton moved, seconded by Commissioner Knight to approve the Preliminary Plat for Crooked Creek PH II with the sidewalk easement location around the vicinity of lots 150 and 151 as requested by City Engineer Whisker. MOTION CARRIED. c. SKETCH PLAT Lost Creek No representative was available; plat was removed from the agenda. d. PRELIMINARY PLAT Northlake XI Subdivision Mr. Bond related that PH XI is the next phase of Northlake consisting of 19 lots. He stated that the plan was originally developed in the 70's and is being continued. He noted that the only difference is that the lots are slightly larger than originally proposed. He pointed out that some of the lots on Mule Deer Drive are 80' wide, which was the width that had previously been proposed, adding that the remaining lots are in the 90' to 100' range. City Engineer Whisker stated that the plat as shown has not been approved by the Sewer or Water Commissions, adding that the Fire Marshall expressed concerns for the addition of another fire hydrant. He then stated that he had discussed drainage concerns with Mr. Bond, explaining that they would need to be fixed before the plat continued. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. In response stated that stated that to a question posed by Chairman Stroud, Mr. Bond letters were sent to the various Departments. He he does not know why it has not been addressed, adding that he does not believe there are any issues of concern. Chairman Stroud noted, building getback line presentation. and WQ!J Mr. Bond concurred that the mistakenly left off the 35' plAt. Discussion ensued regarding letters of approval from the Water and Wastewater Departments regarding the submission of a final plat versus a preliminary plat. It was noted that this phase of the subdivision would have a straight water line and sewer extension from the pump station. Mr. Bob Williams of the Wastewater Department stated that he does not anticipate any problems with the sewer line, but added that the Commission has not seen any sewer plans. He noted that they were transmitted a copy of the preliminary plat without water and sewer plans. He stated that there is a pump station that was designed to serve the area. Chairman Stroud stated that to his knowledge the Commission does not customarily give away preliminary plats until there is an acceptance for the water and sewer. He added that in this instance there is also a concern from the Fire Marshall. In response to a question posed by Commissioner Knight, City Engineer Whisker stated that fire hydrant location would be an issue to be addressed by the Water Commission and that drainage issues were quickly concluded between himself and Mr. Bond. Commissioner Knight moved to table the Preliminary Plat of Northlake PH XI pending water and sewer approval. MOTION DIES for lack of a second. Discussion ensued and it was noted by City Attorney Bamburg that the Water Commission and Sewer Commission would meet again prior to the next Regularly Scheduled Planning Commission meeting. Commissioner Evans moved, seconded by Commissioner Herbold to approve the Preliminary Plat PH XI subject to the approval of the Water and Sewer Commissions, the Fire Marshall and resolution of any drainage issues. MOTION CARRIED. e. REVISED SKETCH PLAT Hosman Property 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. Mr. Bond stated that the revised plat is a consensus of agreement regarding everyone. He noted the addition of "one small tweakn, that being the alignment. He related that City Engineer Whisker had proposed a 400' radius on both ends that would allow for a 30mph design speed for the road. He then noted that in talking with the Water Commission, the proposal was to trade to the Water Department property on the north side of the road, and Mr. Hosman would take property on the south side of the road. He stated that this configuration indicates there is slightly more property on the south side than on the north. He stated that he does not feel it will be a big issue, adding that it is a matter of working out the equity. City Engineer Whisker related the layout of the road that slightly curves coming off Military Road, explaining that the length determines the curve as it comes off Military Road headed south regarding safety factors as traffic would approach the intersection and see the light. Mr. Bond noted that the trade in property would bring ownerships to the same on each side of the road. City Engineer Whisker stated that to his understanding, the Water Commission is satisfied with the land trade decision. Mr. Bond noted that the only issue is that this particular plan shows slightly more property being taken away from the Water Department then is being gained. He stated that he cannot speak for the Water Department, but still does not believe it to be a big issue from what he observed in their meeting. City Engineer Whisker stated that the revised plan will have to go back to the Water Commission as a preliminary plat, adding that he does not feel the division of land to be an issue. He related that the Water Commission was more interested that the development would be a certain number of feet from their property line, south of the sewer was their big concern. Mr. Bond stated that the Water Commission wanted to maintain as much property to the north, explaining that the plant is located in the corner of Southeastern and Military Road. In response to a question from Chairman Stroud, Mr. Bond agreed that there are no drives going straight onto Loop Road. He then noted a stub street, which might generate traffic through the development. Options regarding the street were discussed and consensus was to remove the street. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 11, 2005 7:00 P.M. -8:32 P.M. City Engineer Whisker related that the development would still have two accesses off Southeastern, noting that the second access is to the bottom, near the gas line, of the development and would fit the original plan. In response to a question from Commissioner Traylor, regarding a ~oLtion of the street from Military Road going south, City Engineer Whisker stated that at this point, Mr. Hosman's development would have nothing to do with that. He added that one side of the street is owned by the Water Department the other side is owned by a family trust. Commissioner Traylor remarked that it looks as if the streets are converging at one point. City Engineer Whisker agreed, saying that from the City standpoint when the street starts and the actual S-curve of Loop Road makes it into Southeastern, the City will need to consider eliminating the middle section touching Military Road and having one main artery of Southeastern into Military Road via Loop Road S-curve. Mr. Bond stated that if the sketch plat is approved regarding geometry, they would return with a preliminary plat for the development. He noted that there may be some issues that have to be worked out regarding who will construct the street, and who will pay for the street, because part of the street is being built on City property. He added that it would be difficult for him to conceive that the developer would build a new street on City property. Commissioner Traylor moved, seconded by Commissioner Keaton to approve the Revised Sketch Plat of the Hosman Property. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:32 p.m. 13 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT AGENDA MAY 9, 2005 7:00P.M. a. Regular Planning Commission Meeting April 11 , 2005 REZONING: 2.0 acres on Valentine Road from R-0 to R-3 Petitioner: Brian Boroughs (re-advertised from April meeting) b. CONDITIONAL USE: 1008 So. Hwy. 161 mobile home used as coin laundry Petitioner: Sands Motel a. FINAL PLAT: Forest Oaks PH II Petitioner: Jim Peacock and Jerry Smith Representative: Bond Engineering b. REVISED PRELIMINARY PLAT: c. d. e. f. Hidden Oaks Petitioner: Clint Skiver Representative: Bond Engineering REVISED PRELIMINARY PLAT: Northlake PH XI Petitioner: Tommy Dupree Representative: Bond Engineering PRELIMINARY PLAT: Reed's Heights (formally submitted as Hosman Property) Petitioner: Roger Hosman Representative: Bond Engineering SKETCH PLAT: Graham Settlement Petitioner: Mr. & Mrs. Walter Nixon Representative: Bond Engineering REPLAT: Lots 3R, 4R, & 5R Stonewall Commercial Park Petitioner: Huff & Puff Representative: R&K Services Lots 1 & 244 Base Meadows Subdivision Petitioner: Greg Heslep OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on May 9, 2005. Chairman Stroud led a standing audience in the "Pledge of Allegiance" to the flag and Chairman Stroud delivered the invocation. ROLL CALL: Commissioners Susan Dollar, Bart Gray, Jr., Emma Knlgl1l, Glen Keaton, Kevin McCleary, o.nd Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Tommy Bond, Jim Peacock, Wastewater Manager Thea Hughes, B.J. Boroughs, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Knight moved, seconded by Commissioner Keaton that the minutes of the 11 April 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 2 acres on Valentine Road from R-0 to R-3 Chairman Stroud opened the public hearing at approximately 7:02 p.m. Representative Tommy Bond related that the item had been discussed at the previous meeting and it was determined that the property would be more appropriately rezoned to R-3 rather than R-2. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:03p.m. Commissioner Gray moved, seconded by Commissioner Dollar to recommend to City Council the rezoning of 2 acres on Valentine Road from R-0 to R-3 as requested. MOTION CARRIED. b. CONDITIONAL USE at 1008 South Hwy. 161 regarding use of a mobile home as a coin laundry Chairman Stroud opened the public hearing at approximately 7:06 p.m. Mr. Mike Kirkpatrick, owner of the Sands Motel at 1008 South Hwy. 161, stated that he would like to provide a coin-laundry for the patrons staying at the motel. He related that he has purchased a mobile home that was built as a laundry unit for the Pine Bluff Arsenal, adding that it has eight washer connections and four 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. dryer connections. He stated that the laundry unit would be placed on a lot adjacent to the motel property with access from the parking lot. He related that he proposes to construct a 6' privacy fence around the unit. City Engineer Whisker pointed out that over the last five years Mr. Kirkpatrick has continually improved the appearance of the motel. He then answered that there were no concerns from the Fire Marshall, and that he is not sure if there are setback issues. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:08 p.m. In response to a question from Chairman Stroud, stated that the proposed plan would adhere requirements. Mr. Kirkpatrick to all setback In response to a question from Commissioner Evans, Mr. Kirkpatrick stated that the location of the coin-laundry would not encourage public use, adding that signs will not be used to advertise and access is only provided through the motel parking lot. He stated that his intention is strictly for use by the motel patrons. In response to a question posed by Chairman Stroud, City Engineer Whisker stated that he would review the landscaping ordinance to determine Mr. Kirkpatrick's landscaping requirements. Mr. Kirkpatrick agreed to meet all landscaping requirements as determined by City Engineer Whisker. Commissioner Knight moved, seconded by Commissioner Keaton to approve the Conditional Use request for a mobile home to be used as a coin-laundry at 1008 South Hwy 161, stipulating construction and maintenance of a privacy fence around the unit. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. FINAL PLAT Forest Oaks PH II Representative Tommy Bond related that PH II consists of 17 lots to the north as you enter the development. He stated that all the improvements have been completed. City Engineer Whisker related that the Water Department is waiting for test results, which are expected back in a few days, adding that there are no anticipated problems. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. He continued that documents expected by the Wastewater Department arrived today. He then noted that the sidewalks have been bonded, the asphalt work has been completed, and letters of warranty have been provided, adding that any approval should include easements on the property and stipulating final approval from the Water Department before being forwarded to the City Council. Commissioner Gray moved, seconded by Commissioner Knight to approve the acceptance of the Final Plat of Oak Forest PH II subject to City Engineer Whisker's review of easement for proper recording and final test results of the Water Department being approved with all other documents in place. MOTION CARRIED. b. REVISED PRELIMINARY PLAT Hidden Oaks (Trickey Lane Property) Representative Tommy Bond stated that the revised plat is the final compromise between the developer and the City. City Engineer Whisker reviewed the composition of the final plan, pointing out that the main goal of the Commission was to achieve a turn-around. He noted that it is being requested that the concrete drive be constructed to handle heavy trucks, adding that the Fire Marshall has agreed to the alignment. He then answered that sidewalks have been designed for the development and that all concerns including fire hydrants have been addressed. In response to a question posed by Commissioner Engineer Whisker related that water retention has onto one lot. Keaton, City been grouped Commissioner Keaton moved, seconded by Commissioner Evans to approve the Revised Preliminary Plat for Hidden Oaks, stipulating that the concrete drive is constructed to handle heavy trucks. MOTION CARRIED. c. REVISED PRELIMINARY PLAT Northlake PH XI Representative Tommy Bond related that the Commission previously approved the plat, explaining that the only difference being submitted is that lots on the west side of the street were being proposed in excess of 100', which has now been changed to 85' lots with the addition of one lot. He noted that the lots on the east side were already designed as 80' lots. He noted that the developer has committed to correcting the storm drainage to the east. 3 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. City Engineer Whisker clarified that he has requested that the storm drainage east of lots 460 to 464 be worked into this phase of the subdivision and is requesting the Commission to make that a part of the motion. Commissioner Dollar moved, seconded by Commission McCleary to approve the Revised Preliminary Plat of Northlake PH XI stipulating that the storm drainage to east be designed as specified by City Engineer Whisker. MOTION CARRIED. d. PRELIMINARY PLAT Reed's Heights (formally submitted as Hosman Property) Representative Mr. Tommy Bond noted that the plat is a formalized drawing of the sketch plat previously approved by the Planning Commission with the omission of the connecting street, adding that the plat also formalizes the geometry that City Engineer Whisker has requested for the proposed relocation. He added that the plat is more of an informational item for the Planning Commission to perceive the direction of the final design. He stated that he hopes to return to the Planning Commission next month with a full preliminary plat and all associated plans. City Engineer Whisker conveyed his approval of the subdivision design, adding that the biggest question at the moment is who will be responsible for the payment of constructing Loop Road. He asked the Commission to approve the plat as a sketch rather than preliminary plat. Commissioner Evans moved, seconded by Commissioner Knight to approve the plat as a sketch plat for the Reed's Heights Subdivision. MOTION CARRIED. e. SKETCH PLAT Graham Settlement Representative Mr. Tommy Bond related that the property consists of an 18-acre tract on the northwest corner of Graham and Loop Road. He related that the property is being proposed for an R-1 type of development, adding that the property is zoned C-2. City Engineer Whisker asked that the property be rezoned before being returned to the Commission as a preliminary plat. He then related that lot 53 off Loop Road would back up to Loop Acres Road, which is a small subdivision with approximately 10 to 15 houses. He referenced a photograph submitted to the Commission as an example of poor planning when a road adjacent to a subdivision dead-ends with privacy fence. He stated that as a recommendation he offered two options, one being to connect 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. the road through lot 53 into the adjacent road, which the developer felt might interrupt the flow of the proposed subdivision. He continued that his second option was to loop the road down to the center of the property and the City would then construct Loop Acres Road back to Loop Road. He stated that it would not make sense to have two roads, one on either side of Lot 53 that lead onto Loop Road. City Engineer Whisker then reviewed a letter submitted from the Wastewater Department, explaining the letter states that instead of looking at dry weather they are considering wet weather conditions regarding developments. He noted that the particular area has some overflowing manholes that relate to the pump station and that the subdivision wastewater would go to that pump station. He related that the Wastewater Department has conveyed their inability to approve any application for service to the pump station. Discussion ensued regarding the Planning Commission approving the sketch plat but waiting to review the preliminary until the Wastewater Department has approved application for sewer. Mr. Bond related that the wastewater issue is a factual situation that will have to be resolved prior to further development, noting that the situation impacts the entire east and northeast portion of Jacksonville. He then addressed the road issues, saying that it offends his sense of symmetry to move the road. He added that he would not argue too strenuously because the reality is that moving the road has little impact, other than the traffic flow through the development. He added that he does not feel the best solution would be tying Loop Acres Road into the new road. In response to a question posed by Commissioner Gray, Wastewater Manager Thea Hughes related that there is a proposed plan that is lengthy. She stated that it has been known for years that this part of town is at capacity during wet weather, adding that the Wastewater Department is currently performing area rehabilitation. She related that the State is asking the Department to address wet weather flows. She explained that currently they have an engineer studying the pump station and the system that feeds into the station. She stated that it would be a lengthy process, adding that she would not be able to determine the number of years possibly involved. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. In response to a question posed by Chairman Stroud, Manager Thea Hughes related that the Quince Hill area in the same considerations for this pump station. Wastewater is included Discussion ensued regarding the recently approved 18-lot Foxwood Estates subdivision and it was related that the subdivision was approved prior to the State's mandate regarding wet weather flow. Mrs. Hughes stated that given the State's ruling they would not be able to continue to accept further developments under current overflowing circumstances. Commissioner Gray moved, seconded by Commissioner Knight to approve the Sketch Plat, contingent that the property be rezoned before returning to the Commission as a preliminary plat, resolution regarding street access between Graham Settlement and the Loop Road Acres area, and acknowledging that further development at this time is further contingent on the Wastewater Department being able to accept the subdivision. MOTION CARRIED. f. REPLAT Lots 3R, 4R, & 5R Stonewall Commercial Park (Huff & Puff Gymnastics) Mrs. Laura Spears stated that they are requesting a replat in order to add-on to the existing building located on lot 3R. She stated that in speaking with City Engineer Whisker they were made aware of drainage issues, which they are willing to address. City Engineer Whisker related that the lots are long and narrow, explaining that Huff & Puff has previously added-on and is requesting to further expand. He noted that there is a block ditch behind the building, which prohibits expansion in that direction. He added that the only room for expansion would be to the south. He stated that the property currently has drainage issues and any sort of improvements would be well received. He then related that the addition would require a sprinkler system to be installed throughout the entire building. In response to a question posed by Commissioner Dollar, Mrs. Spears stated that they would be requesting a variance to match the existing building line, adding that the same exterior building material would be used for the addition. She then answered that the green area located behind the building would be removed. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. In response to a question posed by Corrunissioner Knight, Mrs. Spears stated that landscaping for the current building has included benches and flower pots to the front of the building, as well as Crepe Myrtle trees along the parking area. She stated that the same type of landscaping would be provided for the addition. In response to a corrunent from Chairman Stroud, Mrs. Spears related that she is aware of the landscaping ordinance and has discussed landscaping considerations with City Engineer Whisker. Drainage issues were discussed and City Engineer Whisker stated that drainage provisions would have to be addressed by the project engineer regarding placement of the water to ensure flow into the ditch. Corrunissioner on building Adjustment. Dollar noted that any approval would be contingent variances also being approved by the Board of City Attorney Bamburg clarified that any issues regarding construction would follow the request for a replat. In response to a question from Corrunissioner Keaton, Mrs. Spears answered that access for the addition would be through lots 4R & 5R with a written easement. In response to a question posed by Corrunissioner Gray, Mrs. Spears answered that Sheryl Zimmerman owns the lot that Huff & Puff is currently on and the Abdin family owns the two lots being proposed for replat. Commissioner Gray questioned if the Abdin family is joining in the petition to replat. Mrs. Spears stated that firstly they were trying to determine if they could get the replat prior to purchasing the lots, adding that they have spoken with the Abdin family. Commissioner Gray noted that the Abdin family would need to be in conjunction with the replat request before the Corrunission could replat the property. Mrs. Sheryl Zimmerman related that she is purchasing the property. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. City Attorney Bamburg clarified that Mrs. participate in the replat request; even contingent upon the replat. Abdin would have to if the purchase is Commissioner Knight moved, seconded by Commissioner McCleary to approve the replat contingent that the current owner join with Mrs. Zimmerman in the request to replat Lots 3R, 4R & 5R with an easement along either Lot 4R or 5R for access. MOTION CARRIED. BUILDING PERMIT(S): Lots 1 & 244 Base Meadows Subdivision Mr. Greg Heslep requested permission to start construction before the preliminary plat is filed. City Engineer Whisker referenced a letter from the Wastewater Department, explaining that there was a similar situation in a new subdivision where the City allowed houses to be built before the subdivision was final platted. He continued that the situation evolved into a lawsuit. He then offered that he feels it is a reasonable request for a developer to be able to build model homes and offer buyers a perspective as to what the subdivision will look like. He noted that City Attorney Bamburg had suggested that one solution was an ordinance that would allow for stipulations regarding model homes. City Attorney Bamburg clarified that there are no provisions in the ordinances that would provide for model homes, adding that the previous effort to cooperate with a developer, not for the purpose of model homes, but for helping with the time of sale, resulted in a lawsuit against the City. He strongly recommended that the Planning Commission not create the possibility of that situation. He then stated that other communities have specific ordinance provisions for model homes that authorize the Commission, City Council or City Engineer to approve model homes with particular stipulations regarding how that is to be accomplished. He noted that there are a number of factors such as water, wastewater or occupancy involved in stipulating the construction of model homes. He stated that while he can appreciate Mr. Heslep's request, he is strongly urging the Commission not to approve the request as is, but would be glad to research ordinance possibilities if so directed. Commissioner Dollar moved, seconded by Commissioner Knight to deny the request to begin construction prior to water and sewer approval and request that City Engineer Whisker and City Attorney Bamburg to explore ordinances to address model homes. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 9, 2005 7:00 P.M. -7:59 P.M. Mr. Heslep stated that he would be willing to agree not to hook onto the utilities until the final plat is filed, adding that he is requesting permission to landscape the entrance and construct two model homes. He stated that he had conveyed to City Engineer Whisker that he would be willing to have the certificate of occupancy held until the final plat is filed. He then stated that the model homes would probably not be cnmp l P.t.P.rl until the final plat has been filed, adding that he is within 45 to 60 days of completing the first phase. He stated that he could not understand how this would present a hardship for the City, if the home could not be completed prior to the final plat or have utili ties. He then added that he does not intend to sell the home for at least six months. Chairman Stroud agreed, noting that Mr. Heslep has been very helpful with the City, complementing the subdivision being developed. He added that at this time, as the City Attorney pointed out, there is not a vehicle to provide protection for the City to proceed with such a request. He stated that the Planning Commission cannot move ahead of the Water or Wastewater Department. Discussion ensued regarding opportunities for Mr. Heslep to resubmit his request following the City Council's adoption of an ordinance to provide provisions for this type of request. Chairman Stroud on behalf of the Commission apologized for not being able to address the request. At this time, MOTION CARRIED. GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:59p.m. Respectfully submitted, 9 JACKSONVILLE PLANNING COMMISSION AGENDA JUNE 13, 2005 7:00P.M. 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. b. c. d. Regular Planning Commission Meeting May 9, 2005 CONDITIONAL USE: 201 Main Street Mixed Used for Residential & Commercial Petitioner: Anop Seedtibood REP LA T: Lot 53 Lessel Estates and Lot 54 Peacock Subdivision Petitioner: John B. Byrd Representative: Bond Engineering PRELIMINARY PLAT: Reed's Heights PH I Petitioner: Roger Hosman Representative: Bond Engineering REP LA T: Lots 3R, 4R & 5R Stonewall Commercial Park Petitioner: Huff n' Puff Representative: R&K Services PRELIMINARY & FINAL PLAT: JBJ Subdivision Petitioner: Jerry Johnson Representative: R&K Services e. PRELIMINARY PLAT: Lost Creek Estates Petitioner: James Bowman & Paul Fulmer Representative: R&K Services f. PRELIMINARY PLAT: Graham Settlement Petitioner: Wally & Dana Nixon Representative: Bond Engineering g. FINAL PLAT: Rigdon Family Subdivision Petitioner: Woodrow Rigdon h. Land C Addition, Pulaski County Petitioner: Camelot Properties & Lakeview Land Company Representative: James Butler a. 1912 McArthur Drive garage/storage facility Petitioner: Cara Walloch Kareer Kids Child Development Center b. 1 00 Two Pines Dr. Petitioner: Waste Management OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on June 13, 2005. Chairman Stroud led a standing audience in the "Pledge of Allegiancen to the flag and Commissioner McCleary delivered the invocation. ROLL CALL: Commissioners Susan Dollar, Bart Gray Jr., Glen Kedlon, Kevin McCleary, Mike Traylor, John Herbold, and Tom EvanR answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT eight (8), ABSENT (1). Others present for the meeting were City Engineer Whisker, Tommy Bond, Alderman Stroud, Larry Dupree, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner McCleary moved, seconded by Commissioner Dollar that the minutes of the 9 May 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL MIXED USE at 201 Main Street Chairman Stroud opened the public hearing at approximately 7:02 p.m. Mrs. Yallie Seedtibood owner of the former restaurant at 201 Main Street, requested a mixed use to have a business and apartment at thnt location. Mr. Andrew McCauley introduced himself as the architect for the project. City Engineer Whisker related that 201 Main Street is part of the area designated for mixed-use by the Land Use Plan. Mr. Jim Butler a resident of North Little Rock spoke in favor of the mixed-use, stating that he felt the former restaurant was an asset to the City. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:06p.m. Commissioner Gray moved, seconded by Commissioner Herbold to grant the Conditional Mixed-Use for residential and commercial at 201 Main Street. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. Lot 54 Peacock Subdivision REPLAT Lot 53 Lessel Estates and 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. Representative Tommy Bond stated that Mr. John Byrd has owned the two lots since being platted and is now requesting to replat the property for the purpose of adding on to his home. He stated that one lot is vacant and the other lot has Mr. Byrd's home. City Engineer Whisker related that the Water, Sewer, and Fire Departments did not have any concerns. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Replat of Lot 53 Lessel Estates and Lot 54 Peacock Subdivision into one lot as requested. MOTION CARRIED. b. PRELIMINARY PLAT Reed's Heights PH I Mr. Bond related that the Commission has reviewed the Sketch and pre-preliminary plat, adding that there were questions by City Engineer Whisker regarding the 100-year flood plain designated by FEMA maps for lots 2 and 3 which showed a lower elevation. He stated that another issue is the Loop Road relocation. He then presented additional design plat information, explaining that the developer, Mr. Hosman, had met with the Water Department regarding an even land swap, but added that since the final design has been set the land swap is 2.5 times larger. He noted that the final land swap would have to be reworked with the Water Department. He then noted that the additional design information includes how Southeastern Avenue will tie into the Loop Road connection per Mayor Swaim's request. He then addressed the issue of the flood plain, noting that the County is in the process of performing a flood study that should be available within the next year. He stated that the developer is proposing to hold the affected 16 lots in the lower corner of the subdivision for PH II of the development. He then stated that the developer is planning to go back to the Water Commission at their next meeting to resolve the land swap issue. City Engineer Whisker stated that the FEMA rule is five acres or fifty lots pertaining to the question if the five acres or fifty lots or the entire subdivision is considered to be in the flood plain. He related that a subdivision of type is developed and it is in the flood plain, there has to be a flood study. He noted that the County's study extends from the County line going north to Bridge Creek. He then related that aside from the land swap issue; the development shows 80' of right-of-way for Loop Road, adding that the City is requesting 100' of right-of-way to match what is preexisting to the north. He stated that the plans did not reveal a design for Loop Road or any cost to build Loop Road in this phase or any other. He related that his feeling would be 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. that the City would want a three-lane intersection across from Loop Road with a straight-right, a left turn and a southbound lane in that area coming into a two lane as it is to the north. He added that Southeastern Avenue should be T' d into Loop Road making Loop Road the major intersection. He noted that the property would need to be annexed into the City of Jacksonville before final plut approval. He stated that thP. Wastewater Department has given their acceptance excluding a few minor details. He noted that the Water Department would still need to grant permission for Loop Road coming through their property. In response to a question posed by Commissioner Dollar, City Engineer Whisker stated that while he is comfortable with pieces of the development, he is uncomfortable not having seen the design of Loop Road or resolution regarding the cost factor. He added that because of traffic considerations, he feels the road construction should be part of the first phase of the development. In response to a question posed by Commissioner McCleary, City Engineer Whisker then answered that the flood plain area involves lots 3, 2, 1, 76, 75, 93, and 65 through 74 that encompass the south end of the property. He stated that he would not be comfortable preliminary platting those lots until the flood study was concluded. Discussion ensued regarding the uncertainty regarding the development, right-of-way, and design as well as those designated within the flood plain. road lots Mr. Bond responded that he did not believe the developer would have a problem with the 100' right-of-way; adding that he was unaware of the City's design criteria for Loop Road prior to the meeting. He then answered that the issues regarding the land swap came to light during the finalization of the geometry regarding the Loop Road relocation. He explained that since that time there has not been an opportunity to discuss those issues with the Water Department. Discussion ensued regarding an alternate plan, which included a culdesac off the existing street that would not impact the design of the subdivision. Chairman Stroud stated that it would seem the preliminary plat is being presented prematurely, considering that the street design has not been finalized and that there are lots that are not ready to be included in the overall geometry. 3 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. Mr. Bond stated that some of the issues were only discovered a few days ago, adding that he can assure the Commission that the sixteen lots will not impact the flood plain of Bayou Meto. He added that he also just became aware that the Mayor wanted Southeastern to connect as shown on the additional drawing. He stated that he and the developer are trying to settle those issues with the proper entities. He added that the issue with Loop Road lies more with City government and their desires rather than with the developer. Chairman Stroud questioned if additional lots would be added to the plat given the larger land swap. Mr. Bond responded that it is possible that additional residential lots could be added to the plat, adding that the property would lend itself to be a commercial tract. Chairman Stroud stated the aware of all development submitted. importance factors at of the Commission being the time the plat is Mr. Bond stated that the final plat and any changes would come back to the Commission, adding that the developer is asking for permission to proceed with the development under two conditions; one being the Loop Road issue and the other being the lots on the south end regarding FEMA, that could not be resolved in time for tonight's meeting. Commissioner Dollar questioned if excluding the flood plain; if the remaining issues are the land swap, right-of-way and roadway design. City Engineer Whisker agreed that those would be the three largest issues. In response to a comment from Chairman Stroud, Mr. Bond responded that the Water Department requested a hydraulics analysis, which will be supplied to the Water Commission. City Engineer Whisker clarified that the Water Commission has not yet approved the preliminary plat including the land swap. He then noted that the Sewer Commission has approved the plat with minor conditions. Mr. Bond noted that if the Water Commission does not approve the land swap, the road would end at their property line. Mr. Bond then answered that the Planning Commission's approval of the plat would not affect the Loop Road design because the subdivision 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. streets have no connections to Loop Road, connection to Loop Road would be the property. adding that the only unplatted commercial Commissioner Dollar stated that she does not feel comfortable approving the plat with the outstanding issues. In response to a question posed by Chairman Stroud, City Engineer Whisker stated that if the preliminary plat is approved he would request that the Commission stipulate annexation, final approval of lots 1, 2, 3, 75, 76, 93, 64, 65, 66, 67, 68, 69, 70, 71, 72, 7 3, and 7 4 would not be final platted until a flood study is approved as required by FEMA, Water Commission approval of the land swap and any water needs that they or the Fire Marshal would request, a 100' right-of-way on Loop Road with the design including the intersection and tie on to Southeastern Avenue, and that Loop Road be completed by the developer before final plat of any lots within the subdivision. Mr. Bond agreed to the stipulations as stated. Commissioner Gray moved, seconded by Commissioner Dollar to approve the Preliminary Plat of Reed's Heights Subdivision, stipulating that the property be annexed into the City of Jacksonville, that final approval of lots 1, 2, 3, 75, 76, 93, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, and 74 be withheld until a flood study is approved as required by FEMA, that the Water Commission approve the land swap and any water needs of the Water Department or Fire Marshal, that the developer dedicate 100' right-of-way on Loop Road with the design of Loop Road including the intersection and tie on to Southeastern Avenue, and that the construction and cost of Loop Road be completed by the developer before final plat of any lots within the subdivision. MOTION CARRIED. c. REPLAT Lots 3R, 4R & 5R Stonewall Commercial Park Mr. Phillip Keaton of R&J Services related that the replat is being requested by Sheryl Zimmerman and property owners the Abdin family. He stated that Huff n' Puff is proposing to increase the size of their building, adding that lots 4 and 5 are undeveloped and are being proposed as part of the replat to provide access to the two parcels for the new addition. He noted that the projected did receive approval from the Board of Adjustment regarding setback variances. 5 r I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. City Engineer Whisker noted that the Commission tentatively approved the project last month contingent on the property owner joining the request and Board of Adjustment approval for variances. In response to a question posed by Commissioner Herbold, City Engineer Whisker stated that regarding drainage to the south, the water would have to be picked up and piped around the new part of the building. He added that Mrs. Zimmerman is aware of drainage and access issues as well as the requirement of a sprinkler system for the entire building including the existing portion and any landscaping requirements. Commissioner Evans moved, seconded by approve the Replat of Lots 3R, 4R & Commercial Park. MOTION CARRIED. Commission Herbold to SR of the Stonewall d. PRELIMINARY AND FINAL PLAT JBJ Subdivisions Mr. Jerry Johnson explained that he purchased one lot on Loop Road and is now requesting to subdivide into two lots. He added that the property is currently zoned R-6. City Engineer Whisker related that the lot had been rezoned to R- 6 for a mobile home several years ago, adding that Mr. Johnson is now proposing to split the lot into two lots. He stated that his only request would be that the two lots share a common driveway providing only one entrance onto Loop Road. In response to a question posed by Commissioner Gray, City Engineer Whisker answered that the property was rezoned February 7th 2002. Commissioner Gray expressed concern for development of mobile home lots in close proximity to two multi-million dollar R-1 subdivision developments. He stated that he is not in favor of the intended use of the land. In response to a question posed by Commissioner Keaton regarding schematics for the proposed development, Mr. Johnson answered that he owns several mobile homes and has one available for the property. He described the mobile home as a nice 14' X 48', two bedroom, one bath with central heat and air. He stated that the mobile home is currently located at Pine Meadows Mobile Home Park. He reminded the Commission that the property is already zoned for mobile home use, adding that he already has approval from the City Engineer's office to place one mobile home on the 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. property. He added that his request is for two mobile homes, he continued that the property would be rental property. He related that the property would be maintained to City Code. He agreed to have one access to the property. Options were lniefly discussed and Mr. Johnoon offered that he does not perceive any significant impact of two mobile homes versus one mobile home regarding the surrounding development. Commissioner Evans moved, seconded by Commissioner Dollar to approve the replat as requested, stipulating that the lots have one common access onto Loop Road. MOTION CARRIED with Commissioners Gray and Herbold voting NAY. e. PRELIMINARY PLAT Lost Creek Estates Mr. Duane Reel of R&K Services stated that the development consists of 50 lots. City Engineer Whisker related that the Fire Marshall had expressed concerns regarding curb #7, explaining that the radius is 36.93 and a ladder truck requires a 43.5-foot radius to make a turn. He then stated that the Water Department would like to have a 1,000 gallon fire flow in order to meet the class 3 fire rating. He related that the City would like the developer to prove that not only his subdivision can achieve the 1,000 gallon per minute fire flow but that when he ties onto the pipe with this system that the other downstream recipients of that water would also achieve the 1, 000 gallon per minute fire flow. He noted that in particular that would be the Base Meadows Subdivision. He stated that the developer was additionally asked to tie into the east side of the property above General Samuels which was attempted through Bolder Trail, adding that he does not believe the attempt complied with his request. He explained that the reason for the street placement was that school children and vehicle traffic could reach Harris Road without having to go down to General Samuels Road. He added that the road would also be for firefighters to have a second entrance in case of fire without blocking an exit in an emergency. He then noted that the plat shows a 25' building line on the west side of the properties which should be a 35' building line. He continued that the developer did establish a requested Corp. of Engineers flood area, explaining that the LRAFB needs to maintain the base lake at a low hazard regarding the dam breakage. He stated that aside from mentioned concerns the rest of the development looks good. He stated that the Wastewater Department has given tentative approval, adding that the Water Department has not. 7 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. In response to a question from Commissioner McCleary, City Engineer Whisker related that lots 19 through 33 are showing a 25' building line setback. He then answered that sidewalks are shown around the entire subdivision and along General Samuels. In response to a question from Commissioner Herbold, City Engineer Whisker clarified that the sidewalk requirement in the Crooked Creek area came as a result of the property being adjacent to Tolleson Elementary School. He then noted that any development adjacent to the proposed subdivision would tie onto existing roads in the development. Commissioner Herbold stated that he felt the school children would cut-through rather than using Bolder Trail, which was his reason for mentioning the cut-through in Crooked Creek. City Engineer Whisker related that he felt added drainage structures need to be in place for lots 9-12, to ensure adequate drainage. He then answered that Bolder Trail would dead-end into the woods until further development occurred to the east. He stated that it is not uncommon for a road to dead-end regarding anticipated adjacent future development. He then answered that the current developer does not own the property adjacent to the east. In response to a question posed by Commissioner Traylor, City Engineer Whisker related that the access to the subdivision is located near the top of the hill. He added that the City would request annexation before the final plat is approved, explaining that the property touches the City limits on the east and north. Discussion ensued regarding the school children to use going to Engineer Whisker stated that if a planned, the preliminary plat stage location. most natural avenue for Tolleson Elementary. road going to the east would be the time to set the City were that In response to a question posed by Chairman Stroud, City Engineer Whisker responded that the common area on Bolder Trail would be addressed in the bill of assurance to be maintained by the property owners association. In response to an observation by Chairman Stroud, Mr. Fulmer stated that regarding the odd shape of some lots within the development, he has house plans to accommodate those lots. He stated that the minimum square footage would be 2500 square feet. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. He reviewed the possible square footage for several of the lots, saying that each of the lots can have a house designed to fit the lot size. He stated that some of the lots are presented with a 25' setback because of the hilly terrain of the subdivision, explaining that the elevation increases the further the house is setback. He stated that the 25' setback is to prevent the elevation I.r.uw becoming too 3tccp for building. Chairman Stroud noted that a variance would have to be granted to keep the 25' setback for some of the lots within the development. In response to a question posed by Commissioner Traylor, City Engineer Whisker responded that the normal width of lots is 70' at the build line and 8400 square feet per lot. He then answered that the minimum lot size is 70' X 120' or 8400 square feet, which addresses lot width and depth. Discussion ensued regarding the width of a two-car driveway, Mr. Fulmer offered that many builders only make the driveway 16' which i s the widt h of t he garage. He then added that he constructs his to be a mi nimum of 18' with a 3' winged desi gn at the street on each side of the driveway. Commissioner Dollar summarized that approval would be with the 35' set back, another access drainage structures for lots radius request, and the 1,000 this subdivision as well as Subdivision. into the development, additional 9, 10, 11 & 12, compliance with gallon per minimum fire flow for a guarantee for the Base Meadows Mr. Reel stated that the minimum turning lots. He stated that of lots 7,8, or 9 developer. the radius can be adjusted to accommodate radius without affecting the building of the suggested second street in the vicinity would be a large additional cost to the Discussion ensued and the street was characterized as a part of the long-term development of the area. In response to a question posed by Chairman Stroud, Mr. Reel related that there is enough room to soften the curve without interfering with the building of lot 41. Mr. Reel related that City Engineer Whisker had requested that the creek be lined, explaining that the creek is an all-weather creek that is setback far enough in the woods that it would not 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. seem feasible or practical for anyone settings to fill or concrete the creek. handles drainage from the LRAFB, which and flows down to the Metropolitan area. to disturb the natural He stated that the creek crosses General Samuels Commissioner Dollar questioned if there is an alternative to concreting the creek bed. Mr. Reel offered that the bill of assurance could restrict any activity that would obstruct the natural flow of drainage. He noted that any further development to the east of the property would have to address the same issue noting that the creek is fairly deep before nearing General Samuels Road. He stated that the developer is requesting that the area remain in its natural setting. City Engineer Whisker stated that his main objective would be to ensure that any drainage from the LRAFB remain open, then he related that as the drainage flows it would come to a swell located to the rear between lots 9 and 10, noting the difficulty for the Street Department to be able to cross residential property for maintenance. He stated that there should be some type of defined drainage control with a provided easement. Additional drainage issues were discussed; Mr. Keaton stated that while the ditch is not deep it is lower in elevation to the left or right with a smooth transition. He stated that the water runs to a major ditch located to the west side of the property where there is a major drainage structure, which is being proposed to be left natural. Commissioner Herbold noted that the ditch comes out between the stop sign and the proposed entrance. Discussion resumed regarding a second entrance for the development near lots 7 and 8 and the proximity of those lots to Tolleson Elementary School and the football field. It was noted that without a second entrance the next developer of the adjacent property might face the possibility of being landlocked. In response to a question posed by Chairman Stroud, Mr. Reel related that Bolder Trail is far enough to the north that lots could be backed up to General Samuels facing Bolder Trail. He stated that there is approximately 140' of depth from the street 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. right-of-way back to the south line of those lots, which would allow for another line of lots facing the north. He noted that the design of the street was mainly for presentation of the lots on the west side regarding the brow of the hill. Discussion ensued regarding the justification of a 25' setback variance granted by the Planning Commission regarding the topography of the land for the most aesthetic placement of homes. Chairman Stroud requested feedback concerning the developer's request regarding the greenery aspect of the development between the two phases and behind lots 12, 11, 10 and 9. Commissioner Keaton stated that he would be abstaining from the vote. He pointed out that in observation there is enough room between the building line and the creek to build a house without disturbing the creek. He added that he did not feel that there would be any drainage problems or backup to the Air Force Base. Mr. Reel stated that since the area is not a well-defined drainage ditch, but has a long slope on the valley floor before going to the other side, there is not any place to put a concrete ditch. He offered that flow anticipators could be used at the end of the storm drain for the discharged storm water to keep from washing the area out. Commissioner Dollar suggested a feasible compromise between a concrete ditch and being strictly left undefined. City Engineer Whisker offered the developer the options of installing a pipe, or constructing a rock area to define the drainage area, or a small swell of concrete to define its drainage place. He stated that he is asking for something that will define the drainage area and keep it open; adding that his concern is that someone might fill in the area without realizing the area is for drainage. Mr. Reel offered that they could shorten the back lotline to make the ditch run down the middle of the low area and turn that part that goes up the hill into a POA green area. City Engineer Whisker conceded if the property lends itself to a proper lot size. Mr. Reel stated that there could be several options, explaining that it could be made into an easement that would prevent anyone 11 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. from disturbing the area. He added that it could be stipulated in the bill of assurance, saying that the property could be allowed to fence to the easement. In response to a question posed by Chairman Stroud, Commissioner Dollar supported the idea of preserving the green area a much as possible under suitable terms for the City. Commissioner Herbold stated that he believes moving the lotline would prevent property owners from being able to disturb the area. He supported moving the lotline as a feasible option. Commissioner Keaton create an easement undisturbed. noted that his earlier area, which would serve suggestion was to to keep the area Chairman Stroud noted that under Jacksonville Municipal Code 18.84.030 provides that the Planning Commission can grant variances during the plat presentation. Commissioner Dollar moved, seconded by Commissioner Gray to approve the Preliminary Plat of the Lost Creek Estates, stipulating that a 25' setback variance be granted on the west side lots as discussed, that the turn radius be adjusted to comply with concerns from the Fire Marshall, that drainage issues be addressed regarding lots 9, 10, 11, 12, construction of proper sidewalk placement, demonstrate water capacity of 1,000 gallons per minute for not only Lost Creek Estates but also adjacent developments along with Water Department approval, to establish an addition road from Bolder Trail providing access onto Harris Road in the vicinity of lots 7 or 8, and have the subdivision annexed into the City of Jacksonville. MOTION CARRIED with Commissioners Dollar, Gray, Herbold, and Evans voting AYE. Commissioners McCleary and Traylor voted NAY. Commissioner Keaton abstained from voting. f. PRELIMINARY PLAT Graham Settlement Mr. Bond related that there are two issues for discussion, adding that the major issue is Franklin Street exiting the property. He reminded the Commission that it was requested that the street be moved into the area of lot 44 and 45. He stated that the problem with moving the street is that the developer would lose one lot at the cost of approximately $20,000.00. He stated that as far as development costs there would be no significant change. He offered that they have been able to provide an access easement 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. to a street coming off Loop Road Acres. He noted that City Engineer Whisker had expressed concerns for emergency vehicles, Fire Department equipment, and garbage trucks. He stated that the developer is prepared to offer an access easement at the end of the culdesac at lot 53, so that an alley could be constructed to connect. He stated that the other issue is undefined regarding the drainage problcmEJ in Heritage Park. He relaterl that there is a ditch that terminates on the adjacent property. He stated that City Engineer Whisker has asked that the issue be addressed, but added that he is not sure of the magnitude of the problem. City Engineer Whisker addressed the access issue of Franklin Street, saying that the request was either to move the entrance to lot 45 so as not to have accesses 132' apart on Loop Road, explaining that it would spread the two streets apart so that they would be approximately half way in between each other. He stated the other request would be to take Loop Acres Drive and continue the road into Franklin Street with a 50' right-of-way through lot 53. He noted that lot 53 would then not be wide enough to develop a house and the developer would lose a lot. He stated that the point of a T-street into another development is so the street can continue. He stated that if the developer does not want to attach streets, he would request that the developer loop Franklin Street half-way down so that it is away from the street that would then be built by the City across Loop Acres at the very north end of the property behind lot 53. He continued that his second request would be regarding drainage, explaining that Heritage Park has a pipe, which crosses onto the new development near lots 15 and 16. He related that the drainage goes down and abuts that area and the water does not do a good job of draining through this area to Loop Acres Road where it stops. He stated that the City is requesting that the developer pick up the drainage from Heritage Park and continue it through the subdivision on its natural course as would be requested of any developer. Mr. Bond stated that the City is asking the developer to correct problems the City created regarding previous approvals of the Heritage Park and Loop Road Acres Subdivisions. He stated that he personally has a problem requiring a developer, who had no part of those developments, to pay for fixing problems that which the City allowed to be created. He related that there are only eight houses on the end culdesac street in Loop Road Acres, adding that there would only be eight more on the north end. He 13 ) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. related that the street connects in the middle and that the only vehicles that would generally use the street would be Police, Fire, ambulance, and garbage trucks. He stated that the developer is prepared to provide sufficient room to build an alley to connect to. He went on to say that regarding the drainage of Heritage Park and the topography of Graham Settlement there is no defined channel, adding that it is not a natural drain. He added that apparently the drainage does not even come to the property line of Graham Settlement. He stated that the problem would have to be addressed on the adjacent property to bring the drainage to the Graham Settlement before they would have to address drainage. He stated that what the City Engineer is describing would require approximately 450 to 500 feet of storm drainage pipe, costing between $15,000.00 and $25,000.00 to solve a problem that the developer did not create. He concluded saying that a drainage problem is not discernable on the new development. Chairman Stroud stated the responsibility of the Planning Commission to guide developments regardless of previous development circumstances that may be perceived as erroneous. He continued that with proper planning, following developers should follow the lead of previous developments such as roads and drainage. He reviewed issues regarding the storm water, saying that it would not be prudent for the Planning Commission to allow back filling of the lots in the Graham Settlement to cause drainage problems for the Heritage Park Subdivision. He stated that he feels Graham Settlement should be incorporated into the surrounding developments as feasible and aesthetically as possible. Commissioner Keaton stated that if the storm water never has an opportunity to reach the newly proposed development, he does not feel that it is the responsibility of the new developer to resolve that situation. Chairman Stroud related that there is a 12" pipe that comes out from Heritage Park around lots 14 and 15 underneath the street, adding that the majority of storm water that he is referring to comes in around lots 18 and 19. He noted that there is an existing ditch where the water flows, adding that it could cause a back up situation if not addressed properly. City Engineer Whisker stated that the contours reveal the path to be between lots 17 and 18 as it goes up to the north corner end of the property. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. Chairman Stroud stated that in talking with adjacent property owners he learned that it is the property owner that lives at the end of Heritage Park in the vicinity of lot 17, 18, and 19 where most of the storm water flows. City Engineer Whisker related that Heritage Park backs up to the west side of Graham Settlement, adding that thP. wnter stands behind the back of those properties. He stated that it would surprise him if the water did not touch Graham Settlement since the properties share a common boundary. Discussion ensued and it was revealed that currently zoned C-2 and should be rezoned regarding current development plans. the property is for residential In response to a question posed by Commissioner Keaton regarding the sewer, City Attorney Bamburg responded that the Wastewater Study has been partially completed and the engineering reports indicated that if the Wastewater Department makes repairs and rehabilitation to the east pump station, it will allow development on the east portion of Jacksonville to include an additional 650 connections. He added that the Wastewater Department has budgeted for those repairs to be made this year and anticipate that the repairs will be completed sometime around the beginning of 2006, which would match the schedule of development of Graham Settlement. He stated that the Sewer Commission approved the development at their previous meeting contingent upon the Wastewater Department making those upgrades and repairs to the east pump station. Mr. Bond noted that the repairs would cost approximately $550,000.00. It was noted that the motion would need to stipulate the property being rezoned. Developer Mrs. Dana Nixon stated that she would be willing to provide the City with an easement for drainage, adding that it is her understanding that the drainage from Heritage Park does not reach her property and thus offers her no right to go onto property other than her own and connect. Chairman Stroud stated that discussion has been about collecting the storm water that is coming onto Graham Settlement in a manner that it could be routed through the development. 15 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. City Engineer Whisker stated that further development would need to ensure that the storm water ends on Loop Road at a pipe crossing in the vicinity of lot 51. Discussion ensued regarding concern for storm water collecting around lots 14 through 19 with the majority of collecting around lot 18. In response to a question posed by Commissioner Keaton, Mr. Bond related that the storm water design is for the drainage structure to be located at the intersection of Boston and Franklin Streets. He stated that the contours show that at lot 9 the drainage breaks to the south and goes around the curb to be picked up at the intersection of Boston and Franklin Streets. He added that another drainage structure and retention pond would be developed on lots 37 and 38. He stated that the drainage is a simple matter, and that overflow is simply sheet flow. He pointed out a ridge on the property, saying that there is little to no drainage area on the property that is contributing to the problem that is being discussed. Commissioner Keaton confirmed with Mr. Bond that the drainage is collected at lot 59 and piped south. City Engineer Whisker interjected that it would go directly east under Loop Road. Mr. Bond then explained that there is an 18" pipe under Loop Road at lot 51. Commissioner Keaton questioned if there would be a way to develop a swell to handle water from the west point between lots 17 and 18 and have it flow east to the basin. Mr. Bond pointed out that the contours would indicate that the water is flowing north in that area; Chairman Stroud added, or to the street curbs going down to lots 59, 54, 52 where the collection point is. He asked Mr. Bond if it is correct that the design is to collect water between the two lots, onto the street, down the curb and gutter over to Franklin and Boston Streets corner. Mr. Bond replied that there is a provision for that and there is a design already in place to collect all the water in that drainage area into that entity, adding that is what our design reflects. 16 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. Chairman Stroud pointed out easement, the design was for it to the collector point. that instead of dedicating an to flow evenly through those lots Mr. Bond related that normally sheet flows across lots, he then offered that they could provide a swell channel to get the water to the street, noting a 3' fall from the back propP.rty line to the front. City Engineer Whisker supported the suggestion, saying that his concern was to ensure that the water continues to flow. Mr. Bond agreed to provide a swell through the area and an easement. City Engineer Whisker requested that it be some type of concrete permanent type structure. Chairman Stroud advocated that further details concerning the swell could be worked out between City Engineer Whisker and Mr. Bond. In response to a question posed by Chairman Stroud, Mr. Bond stated that regarding tying Loop Road Acres into the new development, he had proposed accomplishing that with an alley. He added that he does not feel that there would be significant enough traffic to justify a street. He continued that Loop Road Street is actually an alley, saying that it has curb on only one side and is approximately 20' wide at the most. He stated that since the street is there it could be connected into this development, pointing out that the main reason was for emergency vehicles. City Engineer Whisker related that currently there is only one entrance into Loop Road Acres and it ends at a dead end leading to proposed new development, he stated that typically there are two accesses to a property. He stated that the road ends so that the next developer can pickup and carry the road forward. He stated that if the developer is not willing to tie onto the street then the City will end up having to develop that road back out to Loop Road at the south end of the property. He continued that if that happens he would not want another road (Franklin Street) 132' in distance onto Loop Road. He reviewed his earlier suggestion that the developer either put a road through lot 53 to connect to Loop Acres Drive into Franklin Street or the option of 17 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. moving the entrance from Loop Road to Franklin Street down to lot 45. He added that in some point in time the City would attach Loop Road Acres back to Loop Road, leaving the roads spaced approximately 500 feet apart. He then explained the importance for securing proper access for emergency vehicles and their mobility in the south end of the Loop Road Acres Subdivision. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that he was not in favor of a 20' alley way. Commissioner Herbold theorized that Loop Acres Road would receive a significant amount of traffic from the new development if their destination was to the north of Jacksonville. Commissioner Keaton moved, seconded by Commissioner Traylor to approve the preliminary plat contingent that a rezoning request be submitted later, drainage concerns that maybe coming in from Heritage Park, and the rest of the plat as submitted. MOTION CARRIED with Commissioners Gray, Keaton, McCleary, and Traylor voting AYE. Commissioners Dollar, Herbold, and Evans voted NAY. g. FINAL PLAT Rigdon Family Subdivision Mr. Troy Laha stated that he surveyed the property when Mr. Rigdon became interested in purchasing a portion of the property and one of the buildings from Mr. Fritts. He stated that he suggested to Mr. Rigdon to contact Mr. Sherman James of the County Planning Commission to see if it would be agreeable with the County for this land to be split. He noted that some Hwy. frontage was taken by the Highway Department for the interchange. City Engineer Whisker related that the property was annexed in 1984, adding that a new building was constructed in 2002 or 2003. He stated that both tracts are located in the flood plain and need to be designated as such. He stated that the biggest issue with the property would be access, adding that a major development is planned by the Dupree Family for the bean field that will be attached to Warden Road. He noted that the lot split would require 60' of frontage right-of-way for the Highway Department to establish a frontage road. He added that one problem with the plat is that access would be gained through someone else's property. In response to a question posed by Chairman Stroud, Mr. Laha stated that there is access to tract one through a dedicated right-of-way for Warden Road by the Highway Department. He added that it is the right-of-way for the interstate interchange. 18 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. Chairman Stroud noted that there are two driveways into tract two, and Mr. Laha stated that there is an easement across part of tract two for access to tract one where the driveway is now. Chairman Stroud questioned if there is access to tract one without having to cross tract two. Mr. Laha stated that access could be gained by coming further down the right-of-way that has been dedicated but added that there is currently not a suitable driveway established as yet. In response to a question posed by Chairman Stroud, Mr. Laha replied that he has not yet spoken with the Highway Department regarding access from their right-of-way. He stated that there should not be a problem since it is a dedicated right-of-way. Discussion ensued regarding tract two being landlocked. Mr. Laha pointed out that the access on tract one would keep the property from being landlocked. It was worked out that the two property owners would redraw the plat to provide the area currently shown as an access easement as a platted part of tract two. City Engineer Whisker clarified that to his understanding the Highway Department has never expressed any desire to build a frontage road in that area, adding that there are plans to develop the bean field tying into that area. He continued that if the Highway Department decides not to build the extension of Warden Road that would stop plans for the future development of tying into Warden Road, which is the reason for the request of 60' of access easement. In response to a comment from Commissioner Keaton, City Engineer Whisker acknowledged that the extension of Warden Road would actually go through the property instead of through the right-of- way at some point in the future becoming a City street. Discussion ensued regarding the Highway Department allowing future access to the property; Mr. Laha stated that the Highway Department does not show a control of access regarding the property. He clarified that a control of access would prevent anyone from being able to access the right-of-way. He stated that he is assuming that since the Highway Department does not show a control of access, the Road could be extended either by the developer or later when the Highway Department ties it together at their expense. 19 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. City Engineer Whisker noted that 60' of right-of-way would be for a collector street, but added that the building appears to be only 53' from the property line. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that the City would not construct the street, saying that it would be up to the developer when the bean field is developed or the developer who is requesting the lot- split. Discussion ensued and it was determined that the zoning of the property would need to be changed to suit commercial development. Commissioner Herbold stated that if the access easement is part of the contract he does not feel the boundary line would need to be changed. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Replat of the Rigdon Family Subdivision contingent upon the final plat carrying the "F" designation at the end of each tract name and a 60' access easement for the extension of Warden Road and the rezoning from R-0 to commercial where applicable. Discussion ensued as to the Highway Department's plans to widen Highway 67/167 and the possibility of a cross over bridge. At this time, MOTION CARRIED. h. FINAL PLAT L and C Addition Pulaski County Representative Mr. James Butler related that the property is a 3- lot residential subdivision in Pulaski County, adding that plats have also been submitted to the County Planning Commission. He stated that right-of-way has been dedicated to Hatcher Road for a 70' right-of-way. He stated that the developer is requesting to develop the road to County standards, which is the current way Hatcher Road is developed. He continued that the developer is requesting a waiver regarding the sidewalks, explaining that the property to the north is a platted subdivision that has already been developed without curb, gutter and sidewalks. He added that the property to the east is also developed without curb, gutter, or sidewalks. City Engineer Whisker related that the lots are planned for duplex residential development, adding that there is no zoning in 20 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. the County. He stated that typically there have been no improvements required in this area, but added that he feels any approval should include stipulations that all County standards be met. It was noted that the subdivision would share a common access to Hatcher Road. Discussion ensued regarding the development of sidewalks in the area, City Engineer Whisker stated that he was not sure when the City could annex that far out. Commissioner Dollar moved to approve the Final Plat of L and C Addition, stipulating the development of sidewalks with all other improvements to be to County standards. MOTION DIES FOR LACK OF A SECOND. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the Final Plat of the L and C Addition, stipulating that all County standards be met regarding improvements, and a waiver regarding sidewalks. MOTION CARRIED with Commissioner Dollar voting NAY. BUILDING PERMIT(S): a. 1912 McArthur Drive Petitioner was not present, Chairman Stroud removed the item from the agenda. b. 100 Two Pines Mr. Jim Dunbar explaining the property. Drive Petitioner Waste Management stated that he would represent Waste Management, proposal to develop a small building on the City Engineer Whisker clarified that the building would be for the purpose of converting the landfill gas into electricity. He stated that the electricity would be used to power other electrical companies in the area. He stated that the proposal is good from an ecological standpoint. Commissioner Dollar moved, seconded by Commissioner McCleary to approve as requested. MOTION CARRIED. GENERAL: Chairman Stroud announced that Metroplan would present a brief overview of the Transportation 2030 Plan at the next regularly scheduled Planning Commission meeting. 21 r \ CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 13, 2005 7:00 P.M. -9:43 P.M. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 9:43 p.m. Respectfully submitted, 22 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): DEVIATION IN AGENDA: 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT JULY 11, 2005 7:00P.M. a. Regular Planning Commission Meeting May 9, 2005 Presentation by Metroplan Transportation 2030 Plan REPLAT: Lots 4 & 5 Crestview Addition Petitioner: Arkansas Car Wash Systems b. REP LA T: Tract A & Tract B, Block 7 being a replat of Lot 1 and the unnamed tract of the replat of Block 7 c. PRELIMINARY PLAT: Forest Oaks PH Ill Petitioner: Jerry Smith & Jim Peacock Representative: Marlar Engineering d. FINAL PLAT: Base Meadows Addition PH 1A Petitioner: Greg Heslep Representative: Marlar Engineering e. SKETCH PLAT: Oak Ridge Annex Petitioner: Jerry Smith Representative: Bond Engineering f. SKETCH PLAT: Crooked Creek PH Ill Petitioner: Glenn Underwood Representative: Bond Engineering g. SKETCH PLAT: PH V Jaxon Heights Petitioner: Dick Jones h. SKETCH PLAT: Metropolitan Development Petitioner: Terry Paff Representative: Bond Engineering a. 1912 McArthur Drive garage/storage facility Petitioner: Cara Walloch Kareer Kids Child Development Center b. 2600 Cory Drive Petitioner: Wrights Cabinets, Inc. c. 1 06 Marshall Road Citgo Convenience Store Petitioner: Midstate Distributing, Inc. OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on July 11, 2005. Vice Chairman Keaton led a standing audience in the "Pledge of Allegiancen to the flag and Commissioner Keaton delivered the invocation. ROLL CALL: Commissioners Susan Dollar, Bart Gray Jr., Mike Traylor, John Herbold, and Tom Evans answered ROLL CALL. Vice Chairman Keaton also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (3). Commissioner Knight, McCleary and Chairman Stroud were absent. Others present for the meeting were City Engineer Whisker, Tommy Bond, Larry Dupree, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Traylor moved, seconded by Commissioner Herbold that the minutes of the 13 June 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. REPLAT Lots 4 & 5 Crestview Addition Petitioner: Arkansas Carwash Systems Mr. Charles Thomas related that the request is to replat both lots into one lot. City Engineer Whisker stated that the developer has provided for the drainage to be taken to the front of the area, which is the southern end near Main Street. He added that the existing buildings would be removed for the Commission construction of the carwash. Vice Chairman Keaton noted that the petitioner has been granted a front yard setback variance from the Board of Adjustment the previous month and the neighboring business of Double R Florist did not have any objections. Commissioner approve the CARRIED. Dollar moved, repla t of Lots seconded by Commissioner Gray to 4 & 5 Crestview Addition. MOTION DEVIATION IN AGENDA: Metroplan Presentation of the Metro 2030 Plan for the Long Range Transportation Plan CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. Mr. Richard Magee of Metroplan stated that the plan is a 5-year process, adding that it is required under federal law to update the Long Range Transportation plan for the metropolitan area every 5-years. He related that Metroplan is the Metropolitan Planning Organization for Central Arkansas, adding that they are federally mandated under transportation legislation for the United StQtos. He stated that Metroplan performs direct spending of transportation dollars collected by the Federal Government used to maintain freeways, arterials, the transit system, pedestrian and bikeways. He related that the plan has been through an extensive public involvement process that began two years ago. He reviewed the various public forums that were offered to increase public input. He stated that the Metro 2030 Plan is partly a continuation of the 2025 Plan and some of the strategies that were initiated in the Metro 2020 Plan. He stated an additional strategy was to look at not only the present planning period to 2030, but to consider what may happen in the period to 2050. He stated that this is significant because that would be the target year that the Metropolitan area would reach a population of approximately 1 million people. He added that it was also requested that the Plan address optimizing the existing regional arterial network (street system) through signal coordination, intersection improvement, and minor widening before considering expansion. He noted that part of the key strategy would be to build a freeway system up to six lanes throughout the entire Metropolitan area including Hwy 67 through Jacksonville and I-40 toward Cabot in combination with maximizing the arterial system. He then addressed the existing transit bus system, saying that the short-term plan is to double the size and service of the system, and long-term to add fixed guideway service such as commuter rail. He noted that rail-grade separations were originally adopted in 1925, and was requested by every community. He noted that Jacksonville was the recipient of the first rail- grade separation and there are eleven · additional rail-grade separations to be completed. He stated that pedestrian and bicycle issues are scheduled to be incorporated into the long- range plan in terms of network and implementing access management standards for the first time. He stated that public comment was sought regarding how the areas should grow, and 7 5% of those polled wanted to move toward a different kind of land use than was currently being developed in the Metropolitan Area. He related that the change involved a transportation focus that was more mixed instead of being auto- 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. dominated, which he stated was also being driven by the population forecast for the Metropolitan Area. He noted that 60% of the growth in the area will be in the range of 55 years and older, adding that how transportation is used will change over the years. He stated that input from the public indicated a move toward an increased density level along the corridors such as Hwy 67/167, I-40 and I-30 but also retain some of the distinctiveness of the communities along those corridors. He added that building those density levels would allow a greater transportation mode than currently in place. He presented the plan that would maximize that direction of growth development, including recommendations to maximize the existing Regional Arterial Network System capacity and the expansion of the local transit service. He reviewed the committed rail-grade separations within the Metropolitan Area, noting that Jacksonville has a second rail-grade separation on the list. He noted that there is approximately 2. 2 billion dollars worth of projects to maximize the Regional Arterial Network System. He stated that the total vision plan without time or financial constraints would total 5.7 billion dollars. He noted that over the 25-year period 25 million plus has been committed for the pedestrian/bike plan. He addressed issues regarding transit, relating that bus transit operates much like light rail, explaining that it can operate on a separate system and in mixed traffic. He stated that bus transit is a flexible system that is very cost efficient to deploy. He stated that the total vision plan expense for transit is approximately 4.2 billion dollars for the transit components, totaling 9.9 billion dollars for the Metropolitan Area. He then introduced the financial constraints of the plan, explaining that most of the funding comes from local government to build and maintain the current street, road and transit systems. He stated that 35% of monies are received from the Federal government, 10% comes from the State and 55% from local government totaling 3. 2 billion dollars. He stated that preserving and maintaining the existing transportation system could easily consume over 3 billion dollars. He added that the plan will direct over 2 billion dollars to the O&M issues with $300,000 toward committed networks, 42 million toward rail-grade separations and 20 million toward the Regional Arterial Network and additional roadway capacities of another 200 million bringing the total to 2.7 billion dollars in roadway needs that the plan can actually build and maintain within this plan period. He related that adding the pedestrian and bicycle plan would bring the total cost to approximately 2.8 billion dollars. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. He stated that maintaining the current transit system over the plan period would cost approximately 393 million dollars, adding that public input directed moving the Lionel systems to the suburban areas and increasing the current bus system and its operation. He stated that the plan projects to double the current system in terms of geographic coverage and the type of system that is put into place. He stated that this wo1.1l rl offRr more buses on the routes with more frequent times and increased extension service for Saturday and Sunday, adding that it would cost approximately 758 million dollars over the plan period. He stated that in order to implement the bus financially constraint plan, a 1.5% sales tax is recommended for public vote. He stated that in looking at additional roadway capacity the committee has bumped up the priority of the Hwy 67 widening, which would cost approximately 32 million dollars of the 215 million allocated for improvements. He stated that 50 million is allocated for the reconstruction of the I-430/I-630 interchange. He stated that additional area arterial freeway interchange improvements would be 52 million, explaining that there are five interchanges being identified for priority. He then added that additional capacity improvements on the regional arterial network would be the remaining 80 million dollars. He stated that if the 1.5% sales tax does not passed that portion of the transit plan would be deleted from the plan. He stated that the plan offers the question of supporting some kind of tax either a gas tax or sales tax issue. He stated that if the public is willing to pass a 5-cent gas tax, an additional 25% of the vision plan would be funded. He then related that a combination of a 5-cent gas tax and a quarter cent sales tax would fund approximately 50% of the additional roadways on the vis ion plan. He reviewed the additional improvements to the transit plan with the additional combination tax. He stated that the plan is still in the comment stage, adding that the draft executive summary based on public comment will be presented to the Board in July and the Board will then vote on approving the final plan in August. He then noted that the Board was asked to consider projects that would be impacted by the LRAFB expansion, adding that the committee did come up with a recommended priority list. RESUME AGENDA: b. REPLAT Tract A & B, of Block 7 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. Mr. Frank Riggins of Crafton, Tull & Associates stated that the proposal is to replat the existing lot 1 of the unnamed tract into two lots being Tract A & B located at the corner of Main Street and James Street. He stated that the plat includes a dedication of right-of-way as required by the Public Works Department. City Engineer Whisker related that the property in question is the Hastings Shopping Center regarding the Long John Silver's out parcel. He stated that the developer is proposing to construct a new building and has dedicated right-of-way from the centerline back for the realignment of James Street regarding improvements to the intersection. In response to a question posed by Commissioner Dollar, City Engineer Whisker related that the configuration regarding traffic flow would remain the same. He then answered that the property shares an easement agreement with the adjacent properties. Mr. Riggins reiterated that 30' of right-of-way is being dedicated on the plat, adding that City Engineer Whisker has agreed that use of the dedicated right-of-way for temporary parking would be acceptable until such time as the property would be required for right-of-way by the City. City Engineer Whisker concurred that would be acceptable until improvements were made to the intersection. In response to a question posed by Commissioner Evans, Mr. Riggins stated that once the City is using the right-of-way, parking would be short one parking space as per the requirements. He then answered that the proposed bank would feature a drive- thru. Commissioner Gray moved, seconded by Commissioner Evans to approve the replat as presented. MOTION CARRIED. c. PRELIMINARY PLAT Forest Oaks PH III Mr. David Jones of Marlar Engineering presented the plat offering that all plans have been submitted to City Engineer Whisker and requirements have been met. City Engineer Whisker related that the plat would need to go before the Water and Sewer Commissions, adding that there are no foreseeable concerns. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. In response to a question posed by Commissioner Herbold, City Engineer Whisker acknowledged that a concrete block ditch behind lots 1-10 was recently constructed. Mr. Jones added that the proposal is to extend the ditch down Forest Oak Drive back to the existing 12' ditch on the back of lots 2 4-28 to the south. He continued that it would be tied into that ditch with a water diversion device at the intersection to ensure adequate flow. City Engineer Whisker explained the proposed path for the drainage flow between lots 27 and 28 turns directly east and then goes to the existing block ditch that runs through Fair Oaks. He then answered that retention needs would be greater for the development area to the east, which is the larger area that extends from Bushwood. He added that phase II has some retention. Commissioner Dollar moved, seconded by Commissioner Traylor to approve the Preliminary Plat of Forest Oaks Subdivision PH III subject to letters of approval from the Water and Sewer Commissions. Commissioner Gray noted that the bill of assurance is not complete, referring instead to another document, he noted that the bill of assurance needs to draw attention to the other references in a previous bill of assurance as part of this bill of assurance. Mr. Jones stated that the information being referenced would be included in writing in the present bill of assurance for PH III. Commissioner Dollar moved, seconded by Commissioner Traylor to amend the motion to include recommended corrections to the bill of assurance. MOTION CARRIED. d. FINAL PLAT Base Meadow Addition PH 1A Vice Chairman Keaton stated that the Final Plat for the Base Meadows Addition PH 1A has been removed from the agenda. e. SKETCH PLAT Oak Ridge Annex Mr. Tommy Bond related that the property is a parcel of land purchased by Mr. Smith in order to obtain access and annexation of the Oak Ridge Ranch Subdivision. City Engineer Whisker related that the property subsequently known as the Oak Ridge Ranch Subdivision began as 5-acre tracts, which were later reduced to 1-acre tracts and developed as Oak 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. Ridge Ranch. He stated that the remaining parcel is a 5-acre tract across from property belonging to the LRAFB, and surrounded by 5-acre and 1-acre tracts. He stated that the present design reduces the lots to 6 or 7 tenths of an acre, adding that he does not feel that a lot of that size is conducive to the surrounding area, adding that 1-acre lots would be more conducive. In response to a question posed by Commissioner Dollar, Mr. Bond stated that while the lots are not as large as Oak Ridge Ranch the lots are still large in comparison to standard lots. He added that this is not a part of Oak Ridge but an adjacent parcel. In response to a question posed by Commissioner Gray, Mr. Bond then answered that the AICUZ area is north of the proposed property and would not impact the development. He then answered that the development would have its own bill of assurance, and that access would be gained from the main access road. He stated that the issue is if the development will have six or five lots. He stated that the present design features six lots 100' wide and 300' deep, adding that the tract is 331' east and west with 30' of road right-of-way, making all the lots 100' X 300'. He stated that the developer wants to construct more than straight lots up and down the street. In response to a question posed by Vice Chairman Keaton, Mr. Bond related that a culdesac 150' off the street could be designed, adding that it would reduce the lot yield slightly. Discussion ensued regarding the proximity of houses in Oak Ridge and on Maddox Road. It was noted that the property was not part of the recorded tract subdivision and does not have an existing bill of assurance. Commissioner Herbold objected to increasing the density of an area that was not originally designed for an increased density, adding that he is also familiar with sewer concerns regarding the area. Mr. Bond stated that the original pump station was designed to serve more than the Oak Ridge Estates Subdivision, pointing out that it was designed to also handle the trailer park, all land adjacent and to the north. Mr. Bond then agreed with Commissioner Herbold that the area feeds into the Taneyville area. Commissioner Herbold pointed out that the problems with Taneyville have yet to be solved. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. Mr. Bond stated that he is not able to speak to those issues, adding that he is saying that the pump station force main and the collection system was designed to serve this area. Commissioner Herbold then feed into the experiencing problcmD. reiterated his point Taneyville station that the which is area would currently Mr. Bond stated that the developer has proposed in a letter to the Sewer Commission that there are 10 or 12 lots in the Oak Ridge Subdivision that are in the flood plain, which are being proposed to be taken out of any development in exchange for accepting these lots. Commissioner Herbold acknowledged that would address the sewer issue, but does not solve the issue of smaller lots surrounded by 5-acre tracts. Commissioner Dollar agreed with Commissioner Herbold. Commissioner Gray stated that he felt it would be more acceptable if the property were subdivided more in conjunction with the Oak Ridge Ranch Subdivision. Commissioner Herbold offered that for a transition the lots could be between the size of the five-acre lots and the one-acre lots of Oak Ridge Subdivision. Commissioner Gray moved, seconded by Commissioner Herbold to deny the sketch plat of Oak Ridge Annex, recommending that the number of lots be reduced to be comparable to oak Ridge Ranch Subdivision. MOTION CARRIED. f. SKETCH PLAT Crooked Creek PH III Mr. Bond related that the property was previously proposed as a rezoning for multi-family housing when the subdivision was first considered for development. He stated that the property is a small tract of land between Tolleson Elementary School and General Samuels Road, adding that because of the size of the property the proposed design is basically the only way to develop the property. He stated that the developer is proposing to build a new lane on General Samuels, adding that sewer and water is available. It was noted that even with another lane each lot would have direct access to General Samuels. 8 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. City Engineer Whisker stated that the additional lane would extend from Burns Side Drive to Harris, which would basically be a right hand turn lane for Crooked Creek PH II to turn right and then a right hand turn lane onto Harris, which would turn north. In response to a question posed by Vice Chairman Keaton, Mr. Bond stated that the developer is proposing to widen the street to 36', adding that City Engineer Whisker has stated that he would like the City to supplement that by widening it to a four-lane, providing a stack lane for the schools. In response to a question posed by Commissioner Dollar, City Engineer Whisker stated that a lot of traffic would be generated and the street proposal is not the end solution but is a good start. He suggested shared driveways for the development. Commissioner Dollar moved, seconded by Commissioner Herbold to approve the sketch plat of Crooked Creek PH III In response to a comment from Commissioner Traylor, Mr. Bond suggested that the houses could be set such that cars are not backing out onto the street and the driveways could have a way to turnaround before entering the street. He stated that he felt it would be possible to have a shared driveway with a configuration for a turnaround. It was noted that the adjacent property belongs to Tolleson Elementary School. City Engineer Whisker pointed out the gas line on lot 177, saying that the City would prefer it to be an easement instead of a separate lot. He then answered that these lots would share the same situation as with the houses in the Maple Wood Subdivision on Harris Road having a 100' right-of-way for the street. In response to a comment from Commissioner Herbold regarding drainage, Mr. Bond stated that the development would probably have a retention basin at the rear of lot 174. He stated that at the sketch plat stage the issue had not yet been addressed, he then noted that there is a retention basin on lots 25 & 26 across the street. Commissioner Dollar moved, seconded by Commissioner Herbold to approve the sketch plat of Crooked Creek Subdivision PH III with the concept of a travel lane, shared driveways configured so that cars will not have to back out into traffic, that lot 177 be defined as an easement, and sidewalk placement. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. Commissioner Evans pointed out the configuration for a turnaround in the driveways is not a guarantee that cars will not back out onto the street. At this time, MOTION CARRIED with Commissioner Traylor voting NAY. g. SKETCH PLAT Jaxon Heights PH V Mr. Bond related that the area is a continued part of Mr. Jones' development north of Quince Hill and east of North First Street. He noted that a preliminary plat of the property was submitted and approved in 1976. He related that only one street was built, adding that the plat encompasses 37 lots and is the extension of the existing street that is stubbed out. He stated that the plat does confront the issue of sewer for the area. City Engineer Whisker acknowledged the sewer issue, explaining that a letter has been furnished from the Wastewater Utility stating that $300,000 has been spent which helped with the I&I in the area. He noted that as a sketch plat, it will still have to go before the Sewer Commission before returning as a preliminary, adding that the preliminary stage would be the time to express sewer concerns. Commissioner Herbold noted that Mr. Jones has largely funded the waste system that is in place. Mr. Bond stated that it is the original plan from 1976, adding that the streets, sewer and water were all approved at that time. Commissioner Gray moved, seconded accept the sketch plat as presented. by Commissioner MOTION CARRIED. h. SKETCH PLAT Metropolitan Development Dollar to Mr. Bond stated that the completion of the West Interceptor Line has allowed the property to be able to be considered for development. He noted that the plat shows 450 lots. He added that 40% of the lots will be over the ridge to the southwest, which will have to be served from a new sewer system and the other 60% would be served from a line to the rear of Penn Pointe Subdivision. He stated that the developer is proposing to serve the subdivision water through the Jacksonville 460 hydraulic gradient as opposed to the higher gradient that serves base meadows and other area developments. He noted that the plans have been submitted to the Water Department for their approval. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. He explained the location of the ridge that runs through the center of the subdivision. He then noted that West Main is proposed for improvements in the Metroplan study, adding that there is ample room for right-of-way. Discussion ensued regarding other road improvements in the area and City Engineer Whisker pointed out that the Commission approved the realignment of West Main in a prior meeting. He stated that it is anticipated that the beginning phase would be the property adjacent to Penn Pointe Subdivision. In response to a question posed by Commissioner Traylor, stated that the lot size would be approximately 70' possibility of larger lots in the future, depending market. Mr. Bond with a on the In response to a question posed by City Engineer Whisker regarding park considerations, Mr. Bond noted that there would have to be an area for retention, adding that once the plan is completed he feels the area will be annexed into the City regarding future park considerations. Mr. Bond then answered that the area is larger than the Stonewall Subdivision, adding that the area is 160 acres less the area for the road right-of- way and an area that is located in the flood plain. He stated that City Engineer Whisker has mentioned that he would like to see Oneida Street extended and connected to Jefferson Street off Harris Road. He explained that the Jefferson Street is 200' from the west side of this property, offering a different avenue to Jefferson Street. He mentioned the contours of the property being the reason for the development scheme as presented. Mr. Bond then answered that Stonewall has lots that are 75 or 80' in comparison. Commissioner Traylor noted that features sidewalks and common areas for this development. the Stonewall Subdivision that he feels would be good Commissioner Dollar agreed, saying that the houses in Stonewall are not overly expensive but it remains a desirable neighborhood, which she feels can be attributed to the common areas, walking trails and sidewalks. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. Mr. Bond stated that he feels this subdivision would develop very similar to the last phase of Crooked Creek with probably comparably cost home in today's market to Stonewall. He referenced the beauty of the property, adding that it has been a desirable property for development for a long time. Commissioner Gray supported the development, and SlHJ<JP.."it.P.I.l the inclusion of greenways and common areas regarding the quality of life and community aspect for the neighborhood. He stated that he feels these design features would make the subdivision extremely attractive in the market. He explained his desire to see some community type features built into the sketch plat. Commissioner Gray moved, seconded by Commissioner Dollar to deny the sketch plat in favor of returning with consideration for green areas and community type features. Discussion ensued and it was the consensus of the Commission to see the sketch plat return with aforementioned considerations. Mr. Bond explained the developers concern regarding the value of lots and the difficulty of making the cost structure of those improvements fit into the costs structure of the lots. The Commission reiterated its desire with aforementioned features and improvements would be desirable to the At this time, MOTION CARRIED. to see a new the belief buying market. sketch plan that those BUILDING PERMIT(S): a. 1912 McArthur Drive, Petitioner: Kareer Kids Child Development Center Mr. Joe Douglass stated that proposal to construct a three- vehicle garage, making the building deep enough to include storage for riding lawn mowers and other equipment used in the maintenance of the grounds. He noted that the proposed building line is a good distance from the street. City Engineer Whisker related that the Board of Adjustment has granted a size and side yard setback variance for the garage. Commissioner Dollar moved, seconded by Commissioner Herbold to approve the building permit as requested. MOTION CARRIED. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2005 7:00 P.M. -8:43 P.M. b. 2600 Cory Drive, Petitioner: Wrights Cabinets, Inc. Mr. Jim Walker stated that there are proposing to build two additions to an existing building. He stated that the first addition would be a 12' X 40' addition to the side of the building on Cory Drive and the second would be a 30' X 65' addition on the west side of the building both would be constructed of metal and steel matching the existing building. Vice Chairman Keaton related that the item of business was approved a side yard setback from the Board of Adjustment. Commissioner Gray moved, seconded by approve the building permit as requested. Commissioner Traylor MOTION CARRIED. c. 106 Marshall Road, Petitioner: Citgo Convenience Store to Mr. Rick Kent expressed the owner's desire to extend the building to the west side, noting that the building sits at an angle to the street, adding that the addition would not be visible from the street. City Engineer Whisker related that the owner was granted a side yard setback from the Board of Adjustment, noting that the extension of the building would be 10' from the property line. He added that the landscaping Ordinance may apply regarding the cost of construction. Commissioner Traylor moved, seconded by Commissioner Dollar to approve the building permit as requested. MOTION CARRIED. GENERAL: ADJOURNMENT: Vice Chairman Keaton without objection adjourned the meeting at approximately 8:43p.m. Respectfully submitted, ~~ 13 JACKSONVILLE PLANNING COMMISSION AGENDA AUGUST 8, 2005 7:00 P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting July 11, 2005 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): a. SKETCH PLAT: Valley Ridge Estates Representative: Thomas Engineering addition to agenda at meeting: 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. PRELIMINARY PLAT: J. L. Sanders Haven Subdivision Representative: Arkansas Surveying & Consulting c. FINAL PLAT: Base Meadows Addition PH 1A Petitioner: Greg Heslep Representative: Marlar Engineering d. SKETCH PLAT: Oak Ridge Annex Petitioner: Jerry Smith Representative: Bond Engineering f. SKETCH PLAT: Metropolitan Development REVISED: StoneRidge Development Petitioner: Terry Paff g. a. Representative: Bond Engineering PRELIMINARY PLAT: Jacksonville Commerce Subdivision Petitioner: City of Jacksonville 212 West Valentine Road Petitioner: Jerry & Rhonda Jones DISCUSSION: Modular Apartments City Engineer Whisker r OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on August 8, 2005. Chairman Stroud led a standing audience in the "Pledge of Allegiancen to the flag and delivered the invocation. ROLL CALL: Commissioners Bart Gray Jr., Emma Knight, Glen Keaton, Kevin McCleary, Mike Traylor, John Herbold, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Commissioner Dollar was absent. Others present for the meeting were City Engineer Whisker, Tommy Bond, David Jones, Larry Dupree, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Herbold that the minutes of the 11 July 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. SKETCH PLAT Valley Ridge Estates Mr. Basil Shoptaw of Thomas Engineering stated that the development is off Hatcher Road outside the City limits. He noted that there would be individual septic systems for the 1- acre tracts with rural County roads. He stated that the developer is requesting a waiver from City improvements to the County roads on Hatcher Road. City Engineer Whisker noted the increase of developments on Hatcher Road and Bobbitt Lane, saying that Commissioner Dollar had expressed interest regarding sidewalk development for the area. He related that County Planner Ashley Pope is present for questions. He then stated that he believes the County will request 60' of right-of-way on Hatcher Road and that sidewalks would be the biggest issue, along with the design of the culvert. He pointed out that the development is within the AICUZ zone, which is why the lots are 1-acre in size. County Planner Ashley Pope reiterated that the County is requesting 60' of right-of-way on Hatcher Road and Mr. Shoptaw concurred that an additional 10' of right-of-way would be agreeable. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. Commissioner Knight moved, seconded by Commissioner Keaton to approve the Sketch plat of Valley Ridge Estates stipulating 60' of right-of-way as required by the County Planning Board. MOTION CARRIED. b. PRELIMINARY PLAT J.L. Sanders Haven Subdivision Scott Foster of Arkansas Surveying and Consulting stated that the property is an 8 lot subdivision located adjacent to Curtis Lane and Kelso Road. City Engineer Whisker noted that the right-of-way for Curtis Lane should be extended to follow the road or the road should be constructed back onto the proposed right-of-way. He then related his understanding that the County is requesting that Curtis Lane be developed as a private road since the road will not be developed to County standards, having only a 20' right-of-way. He stated that the easement to the east of Kelso Road would be the same type of road leading to the west side of lot 8, not extending all the way back to Kelso Road or to obtain right-of- way to Kelso Road from lot 8, which might be an easier way to provide access to lot 8. County Planner Ashley Pope stated that there are issues that need to be addressed prior to the subdivision being approved by the County. She related that most of the issues involve notations that need to be placed on the plat, adding that right-of-way issues for Kelso Road would need to be discussed. She stated that the County plan calls for 60' of right-of-way along Kelso Road. She requested that the plat be deferred until such issues are resolved. Mr. Foster stated that the developer would be agreeable to additional dedication for right-of-way on Kelso Road. Mrs. Pope noted that the plat would need a signature line for Pulaski County, a designation for source of title, certificate of owner, along with other housekeeping items. Mr. Foster stated that the he would be amenable to address those issues, assuring the Planning Commission it would not be a problem. In response to a question posed by Commissioner Gray, Mr. Chris McGhee of Independent Properties stated that the 911 emergency roads can be maintained in the same fashion as a driveway. He questioned, as such, would it not be maintained by the County. 2 I J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. County Planner Ashley Pope requested that as part of the plat approval, the County is requesting that the developer create a property owners' association in order to address maintenance of the private road. In response to a question posed by Commissioner Traylor, it was noted that the private road would affect lots 1-5 and lots 7-8. Mr. Foster related that Pulaski County is attempting to negotiate a right-of-way or easement off Gibson Road for lot 8; adding that there is a question as to whether Gibson Road is a 50' or 60' right-of-way. He stated that if the access proves to be wider, lot 8 could have access off Gibson Road. He stated that the developer could incorporate a property owners' association to handle the maintenance of the road. Commissioner Knight stated that she would issues be addressed prior to approval Commission in order to prevent the approval numerous stipulations. prefer the remaining from the Planning from being laden with Commissioner Knight moved, seconded by Commissioner McCleary to extend the plat for one month. MOTION CARRIED. c. FINAL PLAT Base Meadows Addition PH 1-A Mr. David Jones of Marlar Engineering stated that the streets have been asphalted and all utilities are in place, adding that the development has received approval from the Water and Sewer Commissions subject to a few items that would be settled prior to approval from the City Council. He stated that both Water and Sewer have consented to approval if the plat is held from being presented to the City Council until all items have been settled. City Engineer Whisker agreed to aforementioned stipulations, specifically meeting the Water and Sewer approval, agreements being signed between the City and the Improvement District and a bond for the sidewalks. Commissioner Knight moved, seconded by Commissioner Gray to accept the Final Plat of the Base Meadows Subdivision PH I-A, stipulating that the plat not be forwarded to the City Council prior to aforementioned items being resolved. MOTION CARRIED. d. SKETCH PLAT Oak Ridge Annex Mr. Tommy Bond presented a revised sketch plat, explaining that one lot has been dropped from the overall development scheme, now featuring 5 lots. He stated that lots are the same size as the 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. development being substantially deeper than most of the other lots. He stated that the lot size ranges from .6 to .8, which is approximately the standard lot development range. City Engineer Whisker stated that the reduction in lots is closer to the 3 or 4 lots he had suggested at the previous meeting, but added thu.t the lots do not seem to be eqtdvalP.nt. in size. He pointed out that there are five-acre lots around the perimeter of the one five-acre lot being subdivided. Commissioner Herbold expressed concerns regarding the five-acre tract being subdivided, adding that he has spoken with several area residents who have voiced the same concerns. He noted that when the first residents purchased their lots, the property was divided into five-acre lots. He stated that the residents would like to see the lot remain a five-acre lot to keep the frontage road to the original design concept. Mrs. Ruby Hodoak of 402 East Maddox explained that when they originally purchased their property the intent was for all the lots to be developed as five-acre lots. She noted that the back portion of the property was approved for one-acre lots, adding that the front lots are known as the Hamlin Estates, which is more indicative of five-acre lots. She explained that her main purpose in purchasing the property was to have a larger, more open space and does not feel comfortable with the concept of an additional subdivision being placed on a one five-acre tract behind her house. She added that in speaking with her neighbors, everyone feels the same. In response to a Whisker clarified purposes. question regarding that the easement easements, is for City Engineer transportation In response to a question from Commissioner Gray regarding the status of the five-acre tact being a metes and bounds or part of a previously platted rural subdivision including a bill of assurance, Mr. Bond stated that he did not believe the plat was ever recorded as a subdivision plat, adding that he does not believe there is a bill of assurance for the five original five- acre tracts. It was noted that there was an original bill of assurance for the tracts. 4 l CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. Commissioner Knight stated that the development is not unified with the original plan, offering no conformity or unity to the existing neighborhood, which is part of the goals of the Planning Commission. Chairman Stroud concurred with Commissioner Knight and City Engineer Whisker, saying that the proposed location would be the wrong place to have smaller lots in contrast to the large lots facing Maddox Road. He noted that the neighbors are distressed that the plan started as a five-acre lot being subdivided into much smaller lots. Commissioner Herbold moved, seconded by Commissioner Knight to deny the Sketch Plat of the Oak Ridge Annex Subdivision. MOTION CARRIED. e. SKETCH PLAT Metropolitan Development REVISED as StoneRidge Development Mr. Tommy Bond related that the developer is proposing to offer three local parks inside the development, noting that there is a park in every quadrant of the development. He stated that the local parks are joined to the roadways with access walks. He stated that City Engineer Whisker would speak to additional access walks, which the developer is not opposed to developing. City Engineer Whisker suggested that with long blocks in the development his suggestion would be to have some walks in the mid-block area to achieve access. He stated that it would be a 10' easement, 5' on either side of the lot line with a sidewalk through the middle. Mr. Bond stated that the developer would be agreeable to that proposal. He then offered that there is approximately 30 acres of park being dedicated in the development, which amounts to approximately 20% of the total land area being dedicated to public parks. He stated that the plan is being presented to the Parks and Recreation Department tomorrow night at their meeting. Chairman Stroud pointed out that the development abuts Pennpointe Subdivision, which is an upscale development with extra wide lots, questioning if the developer would consider making the adjoining lots slightly larger to provide housing more conducive to the abutting subdivision. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. Mr. Bond stated that the developer is concerned about the marketability of larger lots, adding that the developer would consider the proposal based on the beginning sale of lots and has reserved an area adjacent to Tara Mount for larger lots. In response to a question from Chairman Stroud, Mr. Bond stated that the beginning phase has to start where the utilities are available. He then noted that larger lots are available in the Forest Oaks and Lost Creek Subdivisions. Commissioner Knight pointed out that lots in the first phase of Base Meadows sold immediately, adding that Base Meadows abuts Jackson Heights Subdivision where there are 1 to 2 acre lots featuring up to 4, 000 square foot homes. She stated that she does not feel that the Base Meadows Subdivision will adversely affect the property values of the Jackson Heights Subdivision. Mr. Bond stated that the developer is interested in meeting the demand for lots, large or small. In response to a question posed by Commissioner Evans, Mr. Bond stated that it is the developer's intent that the parks be maintained by the City, adding that the proposal was discussed with Mayor Swaim who concurred. He stated that they would be considered City parks for public use. Commissioner Keaton moved, seconded by Commissioner Knight to approve the Sketch Plat for StoneRidge Development, stipulating that 10' walkways (mid-block) are constructed for park access. MOTION CARRIED. DEVIATION IN AGENDA: PRELIMINARY PLAT Jacksonville Commerce Subdivision for City of Jacksonville Commissioner Evans moved, seconded by Commissioner Knight to add the Preliminary Plat of the Jacksonville Commerce Subdivision to the Planning Commission agenda. MOTION CARRIED. City Engineer Whisker noted the recently platted CMC Subdivision on the south side of Swift Drive extension, which has a driveway onto the property and a waterline with a sewer manhole to provide for a pump station. He related that the property consists of 8 acres, adding that the City plans to continue Swift Drive and T the road back to General Samuels and south to a building that is on the property to the rear of the Jacksonville Recycling plant. 6 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. He explained that water and sewer would be provided to all the properties. He noted that the land would not be final platted until it is sold. He stated that the City would make available lots along the road that leads to General Samuels. He stated that the subdivision would be ready for industry regarding roads, water, and sewer. Mr. Bond noted that the unnamed street would be a 36' street and Swift Drive would be the extension of a 27' street that already exists. City Engineer Whisker noted that sidewalks would be located within the subdivision. Commissioner Knight moved, seconded by approve the Preliminary Plat of the Subdivision as presented. MOTION CARRIED. Commissioner Jacksonville Evans to Commerce BUILDING PERMIT(S): 212 West Valentine Road Mr. Jerry Jones requested approval for a single-family home at 212 Valentine Road. City Engineer Whisker noted that the property was originally a part of a 10-acre strip, adding that the property is a metes and bounds of 2 acres located to the west of Mayfair and north of West Valentine, directly across from the CloverRidge North Subdivision. In response to a question posed by Commissioner Gray, Mr. stated that he purchased the property approximately two earlier from Judy Beale. Jones years Discussion then ensued regarding the division of the property and City Engineer Whisker clarified that at some time the property was divided into three separate parcels but added, that to his knowledge, the property was not subdivided through the Planning Commission. Commissioner Gray noted as a point of information that metes and bounds property less than 5-acre should be platted to prevent further division without authority of the Planning Commission. He requested that the property be properly named and platted as a subdivision. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. Commissioner Gray moved, seconded by Commissioner McCleary to approve the metes and bounds request for a building permit, stipulating that the property be properly named and platted as a one-lot subdivision before a certificate of occupancy is issued. MOTION CARRIED. GENERAL: DISCUSSION Modular Apartments City Engineer Whisker stated that he has received a request from a builder in the City to build modular apartments, adding that the present Jacksonville Municipal Code does not address requirements for this type of construction. He stated that in order to accommodate the development of modular apartments an ordinance would need to be adopted regulating said development. He recommended that if adopted, he would suggest that it be regula ted as a conditional use under the zoning of apartments, offering the Planning Commission the opportunity to approve each request. He clarified that modular construction consists of all the walls being built off-site and placed on the construction site by a crane. He noted that the sections including floors are painted and carpeted off-site. He stated that the electricity is already installed in the walls, adding that construction of a unit could be completed in as little time as two to three days. In response to a question from Chairman Stroud, City Engineer Whisker stated that he has been informed that there are several modular homes in Jacksonville, adding that while he has not viewed the homes personally, he has been told that you cannot distinguish them from site-built homes. City Engineer Whisker related that the developer is proposing to do a test site on either Stanphill or Valentine Road. Commissioner Knight noted that this type of construction is not new to other areas of the Country, adding that while it would be new to this area there is definitely a niche for this type of development. She related that modular development is not provided in the spectrum of what Jacksonville offers in housing, adding that she would be in favor of adding modular to the Code. In response to a question from Commissioner Evans, City Engineer Whisker stated that he is unaware of any surrounding communities that might have this type of construction. He recalled that Memphis was the demonstration ground for this particular modular apartment. He then related that the construction consists of a two-story four-plex. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 8, 2005 7:00 P.M. -7:55 P.M. Commissioner Knight noted that Dallas, Texas has "acres and acres" of this type of apartment development featuring various sizes. It was the consensus of the Planning Commission that City Engineer Whisker would research this type of development and bring back information regarding zoning in other cities where this development is regulated at the next regularly scheduled Planning Commission meeting. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:55 p.m. Respectfully submitted, 9 JACKSONVILLE PLANNING COMMISSION AGENDA SEPTEMBER 12, 2005 7:00P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting August 8, 2005 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE a. REZONING: 2 acres on Valentine Road from R-3 to R-1 Petitioner: Brian Boroughs Representative: Bond Engineering b. REZONING: 10000 & 10006 Warden Road from A-0 to C-2 Petitioner: Harvey Fritts c. CONDITIONAL USE: Mixed Use at 1 00 South First Street Petitioner: Justin Kurtz d. CONDITIONAL USE: Church in R-3 zone at the corner of Sharp & Nina Street Petitioner: Garland Harris for South Jacksonville Church of Christ PLAT(S): a. FINAL PLAT: Hayley Heights Subdivision Representative: James Butler 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. PRELIMINARY PLAT & FINAL PLAT: J.L. Sanders New Haven Subdivision Lots 1-8 Petitioner: Independent Property Management & Real Estate Investments c. PRELIMINARY PLAT: Stoneridge Subdivision Petitioner: Terry Paff Representative: Bond Engineering d. SKETCH PLAT: Clover Ridge Subdivision PH Ill Petitioner: Brian Boroughs Representative: Bond Engineering e. FINAL PLAT: Growing Pines Subdivision PH II Petitioner: Daniel Gray Representative: R&K Services ( OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on September 12, 2005. Chairman Stroud led a standing audience in the "Pledge of Allegianceu to the flag and delivered the invocation. ROLL CALL: Commissioners Susan Dollar, Bart Gray Jr., Glen Keaton, Kevin McCleary, Mike Traylor, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Commissioners Herbold and Knight were absent. Others present for the meeting were City Engineer Whisker, Tommy Bond, Larry Dupree, Charlie Brown, Duane Reel, Alderman Stroud, Daniel Gray and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Traylor moved, seconded by Commissioner Keaton that the minutes of the 8 August 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 2 acres on Valentine Road from R- 3 to R-1 Chairman Stroud opened the public hearing at approximately 7:01 p.m. Mr. Tommy Bond noted that the property had recently been rezoned to multi-family, adding that the developer Mr. Brian Boroughs is requesting to rezone the property back to R-1 because of the demand for single-family residences in the area. He noted that the property would be subdivided into four lots with homes being constructed similar to those already being built in the area. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:03p.m. Commissioner Gray raised the technical question of the Planning Commission's ability to rezone property again in same year. He stated that he understands the rules are to protect the public from having to protest the rezoning continually. He noted that there is no one present in opposition and that he does not oppose the rezoning, but wanted clarification regarding the precedence. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. City Attorney Bamburg stated that since the rezoning request is for a more restrictive classification as opposed to a lesser classification, he does not feel there would be an issue. In response to a question from Chairman Stroud, Mr. Bond and Mr. Boroughs concurred that they were not aware of any issues regarding the promise of a privacy fence being discussed with the neighbor to the east of the property. Mr. Bond then pointed out that the lots are approximately two to three times larger than a standard lot. Commissioner Traylor moved, seconded by Commissioner McCleary to approve the rezoning of approximately 2 acres on Valentine Road from R-3 to R-1 as requested. MOTION CARRIED. b. REZONING 10000 & 10006 Warden Road from A-0 to C-2 Chairman Stroud opened the public hearing at approximately 7:06 p.m. Mr. Woody Rigdon stated that he is the representative for the owner, Mr. Harvey Fritts. He stated that the issue of rezoning the property became known during the process of subdividing the property. He noted that the radio station has been located on the property for approximately 40 years, adding that there is also an auto sales business located on the property. City Engineer Whisker stated that the requested for rezoning is to fit the businesses currently located on the property. Commissioner Dollar moved, seconded by Commissioner Evans to approve the rezoning of 10000 and 10006 Warden Road from A-0 to C-2. MOTION CARRIED. c. CONDITIONAL USE for a mixed use at 100 South First Street Chairman Stroud opened the public hearing at approximately 7:11 p.m. With no one present to represent the item of business, Chairman Stroud closed the public hearing at approximately 7:11p.m. d. CONDITIONAL USE for a Church in R-3 zone at the corner of Sharp and Nine Street 2 r • J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. Chairman Stroud opened the public hearing at approximately 7:12 p.m. Mr. Jerry Johnson of Plantation Real Estate stated that he is the representative for Mr. Garland Harris. He related that Mr. Harris is proposing to sell the property to the South Jacksonville Church of Christ, adding that a conditional use for a church facility is needed for the Church of Christ to operate on the property. He stated that the proposed buyer is available to answer questions. Mr. William Lamb, a resident of the neighborhood, stated that he is against the conditional use for many reasons. He stated that he likes to walk his dog and mow his yard on Sunday, adding that these might be activities that would not be well received by the Church. He stated that he does not want to interfere with the Church and he does not want them to interfere with him. He then related that the street is only 20' wide and has no improvements, pointing out that there are no sidewalks in the area . Mr. Tony Allen of 912 McHenry agreed that the street from the corner of Sharp to Eastview is barely wide enough for two vehicles. He stated that there is no curb and gutter, adding his concerns for the increased traffic if the property becomes commercial without improvements. He pointed out that the neighborhood has offered a petition of 98 signatures against the conditional use. Mr. Craig Pool, Minister of South Jacksonville Church of Christ, stated that the Church is proposing to construct a building that would be feasible for the property without interrupting the neighborhood. He introduced the archi teet for the project, Mr. Terry Burse. Mr. Terry Burse of Terry Burse Architects from Little Rock, stated that the Church would not be a commercial facility, adding that all parking would be on the property. He stated that the facility is proposed to handle 200 to 250 seating capacity equaling approximately 60 to 75 vehicles, which he added that he does not feel to be a large impact for the neighborhood. With no one else to speak in favor or opposition, Chairman Stroud closed the public hearing at approximately 7:11 p.m. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. City Engineer Whisker noted that the property is currently a metes and bounds description and as such would need to be platted or approved on a metes and bounds building permit. He added, at that time improvements to the roadway could be addressed. Commissioner Dollar pointed out that the area needs sidewalks. Chairman Stroud related that if the property is developed for the Church, curb and gutter improvements would be made to the property. Mr. Allen stated that he would still be opposed to the conditional use even with improvements, adding that he could not answer for the other 98 residents listed on the petition. Commissioner Dollar clarified that the conditional use is an allowable use in the area on a conditional basis, which allows the Planning Commission to request particulars involving the construction and improvements to the property. She added that her neighborhood is flanked by three churches and feels that churches are good neighbors. Commissioner Traylor noted an apartment complex in the area, questioning how far back the property runs to the east. Mr. Johnson stated that the property is 217' to the railroad tracks and then runs parallel to the railroad tracks approximately 550'. He then answered that he was unaware of who owned the adjacent property on Nina Street. Commissioner McCleary stated concerns that 98 residents are against the conditional use, adding that he feels further inquiry with the residents might be prudent. He then answered that he would be in favor of tabling the item pending further research. In response to a question posed by Commissioner Traylor, City Engineer Whisker stated that he believes the adjacent property is also zoned R-3 for apartments. Chairman Stroud pointed out that the current zoning, which allows for apartments is sometimes viewed less compatible in neighborhoods than churches. He noted the limited use of a church building, which could not be deemed a nuisance. He reiterated that the Comprehensive Development Plan does allow a church as a conditional use in an R-3 zone. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. Commissioner Gray stated his awareness of the property over the past 20-years, agreeing that the property has not had any improvements. He added that he feels the improvement of a church, falling under the purview of a building permit, would provide a good neighbor. He noted that the property would be improved on that side of the street with curb, gutter and sidewalks. He stated that while he cannot deny the neighborhood's feelings, from a planning standpoint, it is a good and rational use of the property. Commissioner Gray moved, seconded by Commissioner Dollar to approve the conditional use of a church facility for the South Jacksonville Church of Christ regarding property located at the corner of Sharp and Nina Streets. In response to a question from Commissioner Keaton, Minister Pool of the South Jacksonville Church of Christ stated that they would not be offering daily daycare only daycare for services on Sunday and Wednesday. City Attorney Bamburg noted that any expanded daycare services would be considered a separate request to be approved by the Planning Commission. At this time, MOTION CARRIED with Commissioner McCleary voting NAY. REQUEST TO APPROVE PLATS: a. FINAL PLAT Hayley Heights Subdivision Mr. James Butler related that the utilities have been completed and the developer is requesting final approval. City Engineer Whisker stated that the streets and utilities have been completed, complimenting the final development of the County subdivision. He added that the County agreed to the presentation of the Final Plat. Commissioner Gray moved, seconded by Commissioner Keaton to recommend approval of the Final Plat to the City Council. MOTION CARRIED. b. PRELIMINARY & FINAL PLAT J.L. Sanders New Haven Subdivision Mr. Scott Foster of Arkansas Surveying and Consulting stated that all issues of concern expressed by the County and City Engineer Whisker during the previous meeting have been resolved. City Engineer Whisker related that the County had requested that a property owners association be established to maintain the private roads, adding that lot 8 will not connect to Gibson Road. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. It was noted that other items on the plat were corrected and the plat has been signed by the County. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the Preliminary and Final Plat of the J. L. Sanders New Haven Subdivision lots 1-8 as presented. MOTION CARRIED. c. PRELIMINARY PLAT StoneRidge Subdivision PH I Mr. Tommy Bond related that this is the first phase of the StoneRidge development, adding that plans have been before the Commission over the last three months. Mr. Charlie Brown, a resident of Pennpointe Subdivision Phase II, stated that he has been asked to be the representative for the Subdivision Property Owners Association. He read from a prepared statement expressing the property owners concerns and offering possible solutions to those concerns. He read as follows: We the residents and or property owners of Pennpointe Phase I I Property Owners Association have been made aware of the proposed development of StoneRidge Subdivision immediately adjacent to our property lines in Pennpointe Phase II addition located on Westpointe Drive and Edgewater Circle. First, let us be clear, we are not opposed to growth in Jacksonville. We appreciate the need for quality housing for our residents. However, as citizens of Jacksonville we ask that our voices be heard regarding our concerns for safety, liability, drainage and our own property values. If a subdivision as described in the bill of assurance, such as StoneRidge, is allowed to be built in such close proximity to our property without stricter controls. Each family has their own reasons for selecting our neighborhood as a place of residence. Some for the security of the gated community, some for the use of the lake, some for the upscale housing, and some for all of the above reasons and other reasons. Many of us who located in Pennpointe PH II were under the impression that this area of Jacksonville was to be a more prestigious neighborhood similar to Foxwood and what is located in West Little Rock today. We value our homes and their locations and because we are a gated community the City does not provide any road maintenance, nor any maintenance for the lake. It is a private lake and we have sole responsibility, therefore we developed several years ago a very 6 l ) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. efficient and effective Property Owners Association in order to ensure that our neighborhood is kept at the very highest of standards in line with City of Jacksonville ordinances. He concluded reading from a prepared statement and continued saying that the real concern involving safety as the #1 issue. He stated that currently there is no buffer zone or fencing behind the properties that would prevent trespassing and walking through the properties to gain access to the lake, which they would have to constantly police. He stated that the Property Owners Association is required to carry liability insurance on the lake and common grounds. He then stated a concern regarding the small stream, which feeds the northwest corner of their lake, that runs in from the proposed subdivision area. He then expressed concerns regarding extreme property values plus present and future care disparities. He stated that the minimum square footage requirement for their subdivision is 2400 square feet versus the 1400 square feet for the adjacent subdivision as noted in the bill of assurance. He stated that the average square footage for existing homes on Westpointe Drive is 3400 square feet. He related that the new subdivision has no stipulated horne exterior or fencing material requirement, and has a much lower roof pitch standards then Pennpointe. He continued that the lot sizes in the new subdivision equate closer to two lots of one lot in the Pennpointe Subdivision. He stated that other subdivisions in the immediate area, specifically Tara Mount and Fair Oaks, have equal or higher property value subdivisions being built or planned for their neighbors. He related that previous Planning Commission meetings attended by the Pennpointe Homeowners Association recall Commissioners, at that time, voicing a vision that west Jacksonville would develop similar to West Little Rock. He related that the Homeowners Association proposes that the minimum build requirements be changed to a minimum of 2400 square feet, that the exterior building material be changed to all brick fronts with up to 50% vinyl siding permitted in the back, change the roof pitch to 8/12 with architectural shingles as required, changed fencing permitted to privacy fencing only, no chain link and prohibit out buildings and RV parking on the premises, ensure small stream feeding their private lake is not disrupted or contaminated, require a buffer or green zone of a minimum of 50' and/or a 6' brick wall separating the subdivisions. 7 In response to a request that he would present the Owners Association to Subdivision. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. from Chairman Stroud, Mr. Bond stated concerns from the Pennpointe Property the developer of the StoneRidge City Engineer Whisker stated that from an engineering standpoint, the water, sewer, storm drainage and streets have been worked out. He added that from a planning standpoint, the subdivision is a smaller scale development. He stated that the development does meet the minimums required by Code. Chairman Stroud expressed appreciation to both sides for their comments, adding that the Planning Commission does not have the authority to tell the developer "how" to develop his land. He reiterated that the developer has met the minimums regarding Code. He noted that during the sketch plat stage the Planning Commission had requested concessions from the developer, who donated approximately 30 acres for parks and provided additional sidewalks. He then stated that initially wider lots were requested, adding that Mr. Bond will forward all concerns to the developer. In response to a question from Commissioner Traylor, Mr. Bond stated that the northwest corner of the property would be piped onto the Pennpointe Property. He added that the major stream flows from the north, which does not involve the proposed subdivision. He then explained that there is a swag collecting the storm drainage into pipes and taking it to the main channel. He stated that there would not be an open ditch. He then answered that the pipe would run east to west and will discharge into the drainage easement, adding that in fact it would be piped through the drainage easement all the way to the ditch in the Pennpointe development so there will not be any open channel. He stated that they would use double 30" pipe. Commissioner Evans moved, seconded by Commissioner Keaton to table approval of the preliminary plat for the StoneRidge Subdivision until the developer can address the concerns of the residents of Pennpointe Subdivision, and return with a reconciliation. Mr. Bond stated that the preliminary plat legally meets all requirements. Commissioner Evans moved, seconded by Commissioner Keaton to amend the motion to table the approval of the preliminary plat 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. for the StoneRidge Subdivision until the next regularly scheduled Planning Commission meeting, allowing time for the developer to address the concerns of the residents of the Pennpointe Subdivision, and return with a reconciliation. Commissioner Gray questioned the feasibility of the developer visiting with the neighbors regarding compromises . He noted that the preliminary plat is very similar to the sketch plan, which was approved by the Planning Commission, recalling a lengthy discussion at that time. He related that 30 days in the development business can make six months worth of difference, adding that some of the issues in question deal more with the bill of assurance regarding restrictions as to what will be built in six to eight months when the preliminary phase moves into the final phase. He stated that he would not be in favor of tabling the preliminary plat, adding that he feels the concerns of the Pennpointe residents could more favorably be addressed in the bill of assurance. He stated that the current question would be does approval of the preliminary plat include approval of the bill of assurance. City Attorney Bamburg clarified that the preliminary plat and the bill of assurance could not be separated. Chairman Stroud concurred, that both would be approved at the same time. Commissioner Dollar reiterated that the subdivision does comply with Codes, noting that the developer has worked with the Planning Commission regarding several issues. She added that she does not see how the Planning Commission could not approve the preliminary plat as requested. Commissioner Traylor noted that the bill of assurance for Base Meadows Subdivision requires brick houses, which he feels is a stronger bill of assurance. He noted that the bill of assurance for StoneRidge states that quality-building materials would be used. Following a call for question to the amended motion a was taken. ROLL CALL: Commissioners Dollar, Gray, Traylor voted NAY. Commissioners Keaton, Evans voted AYE. (4) NAY. MOTION to table FAILS. ROLL CALL McCleary, AYE. (2) Chairman Stroud opened the floor for discussion among the Commissioners regarding the bill of assurance. Mr. Bond stated that items regarding the bill of assurance would not be negotiable. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. Commissioner Dollar moved to approve the preliminary plat of the StoneRidge Subdivision PH I. MOTION DIES for lack of a second. Following a brief recap of the p rogression of the development, Commissioner Evans questioned when would have been the appropriate time for residents to have addressed their concerns with the Planning Commission. Chairman Stroud stated that anytime a development is before the Planning Commission it offers an opportunity £or citizenry impute. He pointed out that when the development wa s o rlginally submitted to the Planning Commission it was suggested t hat the developer consider wider lots, adding that the Planning Commission cannot make a developer develop larger lots than required by the Code. He reiter ated as Mr. Bond has stated earlier, the development is well within the design criteria of the Jacksonville Comprehensive Plan. In response to a question posed by Commissioner Evans, City Attorney Bamburg stated that meetings held by the Planning Commission are public meetings, adding that the previous two times the development appeared on the Planning Commission agenda as a sketch plat. He stated that the agenda of the Commission is presented to the newspapers one week prior to the Commission meeting, adding that publ ic impute is at anytime during the process. Commissioner Dollar concurred that the developer has complied with development codes, as well as offering common areas requested by the Planning Commission, adding that she feels the preliminary plat should be approved. Commissioner Traylor related that the bill of assurance should more adequately describe the type of housing construction that defines the subdivision. Commissioner Gray moved, seconded by Commissioner McCleary to table to the end of the agenda. MOTION CARRIED. d. SKETCH PLAT CloverRidge Subdivision PH III Mr. Tommy Bond offered an amended sketch plat for the Commission, noting that the amended plat does not include Tract A. He stated that the plat consists of two 70' lots, one 100' lot, and one 110' lot. He noted easements for the existing ditch that runs through the property and the existing sanitary sewer. He reiterated, as noted in the rezoning phase for the property, the demand for single-family homes in the area. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. City Engineer Whisker stated that the requirements, noting that the preliminary storm drainage, sidewalks, curb and gutter. plat meets Code plat would require Chairman Stroud related that he had been informed by the homeowner adjacent to the property that there would be an 8' privacy fence separating the two properties. Developer B. J. Boroughs clarified that he has not authorized a fence nor has he spoken with any of the neighboring property owners regarding a fence. He stated that he has not considered a privacy fence, noting that all the properties are continuously single-family. Commissioner McCleary moved, seconded by Commissioner Dollar to approve the sketch plat of the CloverRidge Subdivision PH III as presented. MOTION CARRIED. e. FINAL PLAT Growing Developer Daniel Gray final phase of Growing Pines Subdivision PH II stated the request for Pines Subdivision. approval of the City Engineer Whisker stated that both the Water and Wastewater Commissions have approved this phase of the Subdivision, adding that the Water Department did require minor stipulations, which have been addressed. He noted that sidewalks have been bonded. Commissioner Evans moved, seconded by Commissioner Traylor to approve the final plat of Growing Pines Subdivision PH II as presented. MOTION CARRIED with Commissioner Gray abstaining from the vote. RESUME DISCUSSION REGARDING STONERIDGE SUBDIVISION PH I Chairman Stroud asked that Mr. Brown restate his case to the Planning Commission. Mr. Brown stated that the Property Owner's Association is asking for fairness and equity regarding the real concern of drainage from the proposed subdivision onto their properties, the liability regarding the lake, and the issue of no privacy on the rear side of the subdivision. He stated that in speaking of fairness, it is a matter of making it aesthetically pleasing. He stated that his understanding of the piping issues would be that it would be above ground, which would detract from their neighborhood. He mentioned the houses being small, adding that he was under the impression that efforts were to improve 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P .M. neighborhoods while moving forward. He stated that the house size is reduced by almost 2, 000 square feet, being constructed adjacent to an upgrade subdivision in an area, in what was believed as Tara Mount going west, to be more of a higher level of housing. Mr. Bond stated that it would difficult to address the privacy issue since the present developer did not have any part in the development of the Pennpointe Subdivision. He then stated that the developer has no control over any possible trespassing that might occur. He stated that the submitted bill of assurance is a draft of the minimum standards, expressing that it is a work in progress. He stated that to his knowledge, City ordinances only require that a bill of assurance be submitted, it does not speak to what is to be in the bill of assurance. He stated that they are willing to say that the houses will have a brick front, but added that they do not want to negotiate color or roof styles. He stated that those issues would be a matter of personal preference. He stated that the builders would certainly try to meet what the public would expect in new home construction, which he described as a "moving target". It was then noted that the drainage pipes would not be above ground; Mr. Bond stated that there would not be any surface drainage other than at Main Street where the ditch is located. He clarified that all of the internal drainage is piped, adding that theoretically they would not have to discharge it underground through the Pennpointe development but added that they are proposing to do that to be a good neighbor. In response to a question posed by Commissioner Gray, Mr . Bond stated that what is being offered could be considered a compromise. Commissioner Dollar stated that she does not believe that smaller lots and smaller houses have to translate to low value homes, adding that homebuyers choose to move to different neighborhoods for various reasons. She related that while Pennpointe is a gated community with larger homes, there are other homebuyers that may not want to live in a gated community. She related that she does not believe the developer is proposing to build a slum because the houses are smaller, adding that there are Codes in place to keep that from happening. Mr. Bond stated that this development would be very comparable to Crooked Creek, which has 150,000 to 175,000 dollar homes. 12 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 12, 2005 7:00 P.M. -8:18 P.M. Commissioner Dollar moved to approve the sketch plat of StoneRidge Subdivision PH I, recognizing that the developer has agreed to have brick front homes stipulated in the final bill of assurance. In response to a question posed by concurred with the developer that regarding provisions for fencing. Commissioner Keaton, Mr. Bond there are no considerations Commissioner Evans offered that as a resident of Pennpointe who shares the lake, he knows that security around the lake is a big issue. He stated that it has been manageable only because there has been no new devolvement adjacent to either one of the Pennpointe phases. He noted that Pennpointe was developed adjacent to an existing subdivision. He stated that he recognizes that the attractive lake brings people to the lake, adding that it attracts people that do not live in Pennpointe nor pay for the right to have the lake. He stated that he could foresee a real security problem with trespassing across the lots to gain access to the lake. He stated that restrictions on the size of the houses would not keep this from happening, adding that nothing would keep that from happening except possibly a green space behind the back lots of Pennpointe and/or a security fence that ran the length of the development. He then stated that because he is a Pennpointe resident he will abstain from the voting process. ROLL CALL: Commissioners Dollar, Gray, Keaton, and McCleary voted AYE. Commissioner Traylor voted NAY. Commissioner Evans abstained from the vote. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:18 p.m. Respectfully submitted, 13 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA OCTOBER 10, 2005 7:00P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting September 12, 2005 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE a. CONDITIONAL USE 1000 Burman Street for mixed use of Residential And Commercial Petitioner: Mr. Otis Stewart PLAT(S): a. PRELIMINARY PLAT REVISIONS: 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Base Meadows Subdivision PH II Petitioner: Greg Heslep Representative: Marlar Engineering b. PRELIMINARY PLAT: Jaxon Terrace PH V Petitioner: Dick Jones Representative: Bond Engineering PRELIMINARY PLOT PLAN: #6 Red Fox Petitioner: Terry Johnson Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. -7:36 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on October 10, 2005. Commissioner Gray delivered the invocation and led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Commissioners Susan Dollar, Bart Gray Jr., Emma Knight, Glen Keaton, Kevin McCleary, Mike Traylor, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Commissioner Herbold was absent. Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Larry Dupree, Alderman Bob Stroud, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Dollar moved, seconded by Commissioner Evans that the minutes of the 12 September 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL Mixed USE of 1000 Burman Drive Chairman Stroud opened the public hearing at approximately 7:01 p.m. Commissioner Keaton moved, seconded by Knight to table the item of business until the November regularly scheduled Planning Commission meeting, allowing the petitioner to be present. Chairman Stroud stated that Mr. Stewart is unable to attend the meeting due to grave concerns in his family. At this time, MOTION CARRIED . Chairman Stroud closed the public hearing at approximately 7:01 p.m. REQUEST TO APPROVE PLATS: a. Meadows Subdivision PH II PRELIMINARY PLAT REVISIONS Base Mr. David Jones of Marlar Engineering presented Phase II of the Base Meadows Subdivision, noting that Phase 1-A has begun development and Phase 1-B will be completed soon. He noted that Phase II would encompass the lots along Base Meadows Drive where sewer is available. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. -7:36 P.M. City Engineer Whisker reviewed with the Commission concerns regarding the stream that flows from the LRAFB onto the Subdivision before returning to the Base. He explained that the major priority for building in the area was to make sure that construction was above the elevation of the stream. He added that the developer has proposed to fill the area above the 303.1 mark as demonstrated on an elevation drawing. He stated that he did not believe the fill on lot 85 would affect the Subdivision, but added that the majority of lot 86 would be filled without any additional study. He stated that the Corp. of Engineers or the LRAFB should approve any consequences from the filling of the lot. He then informed the Commission that he does not believe that this phase of the Subdivision has been accepted by the Water and Sewer Commissions, adding that he would like to see a temporary culdesac at the end of Base Meadows Drive until such time as the street is continued in development. He noted that the developer is trying to develop as many lots as possible without getting into the way of the flood stream. It was noted that the temporary culdesac would be located at lots 145 & 86. Mr. Jones then answered that the road stops at lots 156 & 155 and 204 & 172. City Engineer Whisker noted that Phase 1-B would need to be final platted before allowing the final platting of Phase II. Discussion ensued regarding the flood study conducted by the Corp. of Engineers and the encroachment of the stream from the Base lake onto lot 86. City Engineer Whisker stated that while he did not believe filling the lot would present a problem, he is unaware of how it would affect the previous study. In response to a question from Commissioner Knight, City Engineer Whisker stated that he would not want to allow the preliminary platting of any lot that did not meet the elevation of 303.1 because the lake would then be deemed less than low hazard. He explained that the dam is currently listed as low hazard because everyone below the dam will not flood. He stated that he is uncertain of the consequences of filling the lot, adding that it is important to keep the dam at low hazard. He stated as long as the Corp. or the Air Base does not have a problem with the lot being filled, or Marlar Engineering submits a study stating it would not be a problem, then the City of Jacksonville would not have a problem with the lot being filled. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. -7:36 P.M. Commissioner Knight moved, seconded by Commissioner Dollar to approve the Revised Preliminary Plat of Base Meadows Subdivision PH II with permission as required by City Engineer Whisker regarding filling lot 86 and contingent that the Air Base or Corp. of Engineers states there is no objections to filling the lot or that Marlar Engineering submits a study ensuring that filing lot 86 would not adversely affect the previous study and the temporary culdesac turnaround at lots 145 & 86 with Phase 1-B being final platted prior to the final platting of Phase II. MOTION CARRIED. b. PRELIMINARY PLAT Jackson Terrace PH V Representative Aaron Robinson of Bond Engineering stated that PH V is an extension of a subdivision located off Rope and Knight Streets. He stated to his knowledge there are no outstanding issues. City Engineer Whisker stated that the outstanding issue is that the plat has not been through the Sewer Commission, adding that any preliminary plat approval would need to stipulate approval by the Jacksonville Sewer Commission. Mr. Bob Williams of the Jacksonville Wastewater Utility stated that the Sewer Commission did not meet this month due to conflicts in scheduling. He noted that the plat would go before the Commission November gth, reminding the Planning Commission that the plat is in the area serviced by the northeast pump station, adding that issues in that area have not changed. Commissioner Traylor noted that the Taneyville area has had other proposed developments that were not approved pending sewer issues being corrected. In response to a question posed by City Engineer Whisker, Mr. Williams answered that approximately $600,000.00 dollars has been spent in the previous 6 months regarding efforts to correct the northeast pump station. He then answered that there are flow meters in the area that are monitoring the flow into the northeast pump station, which has shown a small reduction in flow. He added that while present efforts have been positive there is a lot more work to be done in the area. He related a schedule of improvements and funding for the area. He then added that the flow meters indicate that there is still a problem in wet weather, even though there has been some improvement. He then pointed out that all but 8 lots in the subdivision being 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. -7:36 P.M. proposed are already served by existing sewer. He clarified that there are 20 lots in the subdivision and 12 of the lots have existing sewer that was built when the Subdivision was approved in 1976. City Engineer Whisker concurred that it is also his understanding that Mr. Dick Jones is the developer who paid for the line that was built under the freeway. Commissioner Gray moved, seconded by Commissioner Evans to approve the Preliminary Plat of Jaxon Terrace PH V subject to the final acceptance by the Wastewater Utility. MOTION CARRIED. BUILDING PERMIT(S): PRELIMINARY PLOT PLAN #6 Red Fox Representative Aaron Robinson related that it is his understanding that the petitioner is requesting a metes and bounds building permit for the 3 acre property to construct a home on the eastern 1 acre portion of the property. City Engineer Whisker noted that according to the Pulaski County Tax Assessors records this property is the only property that remains as a metes and bounds description located off Red Fox. He stated that the property was originally a two acre tract and for whatever reason the proposed buyer was required by the seller to purchase 3 acres. He clarified that there was one lot that was already separated from this property by a separate metes and bounds legal description that was known as the Boyd Property. Commissioner Gray stated that it has been his understanding for approximately 20 years that he has been in and around the Planning Commission, that Red Fox is an undedicated private road and the first four houses were built prior to 1980. He added that sometime in the late 80's another 1 acre tract was developed as a metes and bounds, followed by another 1 acre tract in the mid 90's. He stated that he is curious as to the origins of this 3 acre tract without having been before the Planning Commission. City Engineer Whisker stated by looking at the Pulaski County tax maps, to his knowledge the property has been there at least the 3 years that he has had the maps. He stated that it is his understanding that each got a separate piece of property and that this piece of property is the owners who never built a house on the property and then decided to sell the property. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. -7:36 P.M. Commissioner Gray related that his understanding regarding a portion of the tract that came before the Commission several months earlier was the remaining acreage regarding the Boyd Family property, which included the south side adjacent to Red Fox. He stated that his concern would be the subdividing of property on an undedicated street that was not built to City standards. City Engineer Whisker agreed, saying that is why he reviewed the property as far back as three years ago regarding his maps. Commissioner Gray questioned if the seller has owned the property through the years. City Engineer Whisker stated that was his understanding until just recently when the property was being sold to Mr. Johnson. Commissioner Gray pointed out that whomever sold the property to Mr. Johnson should have come before the Planning Commission, adding that the objective is not to deny or approve but to acknowledge the property is not a subdivision. He stated that the Planning Commission would not disapprove a transfer of land on a metes and bounds that is less than five-acres but it does need to observe that there is not a further subdivision. He stated that if the sale has taken place in the last two or three months then it should have been at least acknowledged through the Planning Commission that it was not a subdivision or a continuation of subdivisions. City Engineer Whisker stated that he can only offer to his knowledge, that the piece of land was a 2 acre tract and another acre was added, but is not sure how that occurred. Commissioner Gray pointed out that it would seem to be subdividing from some other tract of property, which has been reoccurring since the 80's and should not be continually allowed to slip by. He stated that he means no ill to the owners, but ----added that the property needs to be subdivided properly if portions are to be sold. He stated that he is going to vote to deny any further action regarding the land until it is clear how the property came to be subdivided. He summarized that the property began as a 2-acre tract then another acre was added becoming 3 acres and the new owners want to build on one acre, leaving 2 acres for possible further subdivision sometime in the future. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. -7:36 P.M. Commissioner Knight stated that her concerns would follow that of Commissioner Gray's, pointing out that the Planning Commission could find themselves in the future being asked to approve a building permit for a portion of the property being further subdivided. She supported observation of the Planning Commission guidelines regarding the subdividing of property unilaterally . Chairman Stroud pointed out that the originally serviced four houses, has since added with the possibility of more. narrow road, which had additional homes Discussion ensued regard i ng the property being platted as a subdivision. Commi ssioner Gray stated that he would req)lest that a building permit for this acreage be deni ed until such time as the Planning Commission learns how this acreage was divided and to ensure that this 3 acre lot would perhaps be approved for a building permit has genuinely not been transferred in a subdivision process without the knowledge of the Planning Commission. He stated that the time has come to discuss matters involving Red Fox Lane. Discussion ensued and City Attorney Bamburg clarified that unlike zoning matters , i f denied, the building permit reque st could be brought back b efore ·t he Planning Comm iss ion a t next month's me et ing. Commissioner Gray moved, seconded by Commissioner Knight to deny a metes and bounds bui lding permit for any portion of the 3 acre tract until such time there is a complete review of the land transfers in the general area of Red Fox regarding an understanding of the historical transfers of this property. In response to a question posed by Commissioner Knight, City Engineer Whisker stated that to his concern, Red Fox is a private road and the City does not maintain or make improvements to private roads . He stated that unless the City develops future plans t o tie onto the Stree t from the we s tern side it would remain a p rivate undedicated road . Be then a n s we r ed that there is public sewer to Red Fox and that it is his assumption that there are easements for the water. At this time, MOTION CARRIED. GENERAL: 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 10, 2005 7:00 P.M. -7:36 P.M. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:36p.m. Respectfully submitted, § ~~ ~ lh!X' Susan . Davitt 7 JACKSONVILLE PLANNING COMMISSION AGENDA NOVEMBER 14, 2005 7:00 P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission October 10, 2005 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT a. CONDITIONAL MIXED USE 1 000 Burman Petitioner: Otis Stewart b. Waiver of landscaping Requirements 213 South Redmond Road Petitioner: Preston Robinson c. Height Waiver for Wireless Communications Tower on Military Road & Southeastern Ave. Petitioner: Didicom, LLC d. CONDITIONAL USE: C-2 in C-1 zone at 901 North First Street a. b. c. d. e. Petitioner: O'Reilly Auto Parts PRELIMINARY & FINAL PLAT: Eastview Addition Lots 8-12 & 32, 33 Petitioner: Chad Ellison FINAL PLAT: Hidden Oaks Subdivision Petitioner: Clint Skiver Representative: Bond Engineering PRELIMINARY PLAT: Bellevue Subdivision PH IV Petitioner: Clint Skiver Representative: Bond Engineering FINAL PLAT: Northlake Subdivision PH X Petitioner: Tommy Dupree Representative: Bond Engineering FINAL PLAT: Stan phil Road Duplex Addition Petitioner: Daniel Gray & John Burton Representative: R&K Services T.P. White Drive Gwatney Chevrolet Enclosure of service bay entrance Petitioner: Gwatney Chevrolet Representative: Bond Engineering CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. OPENING REMARKS : The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on November 14, 2005. ROLL CALL: Commissioners Bart Gray Jr., Glen Keaton, Kevin McCleary, Mike Traylor, and John Herbold answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT ( 6) , ABSENT ( 3) . Commissioner Dollar, Knight and Evans were absent. Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Larry Dupree, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner McCleary that the minutes of the 10 October 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a . CONDITIONAL MIXED USE of 1000 Burman Drive Chairman Stroud opened the public hearing at approximately 7:15 p.m. Petitioner Mr. Otis Stewart stated that he understood that the City Council was encouraging mixed used in the area where his business is located. He explained that he would like to convert an office within his business to an apartment. He related that the Fire Marshal has inspected the building and provided a list of safety issues that he intends to address. He noted that the outside of the building would not change. City Engineer Whisker confirmed that the business was reviewed by the Fire Marshal with recommendations and that the building is in the designated area provided for mixed-use. Chairman Stroud closed the public hearing at approximately 7:17 p.m. Commissioner conditional CARRIED. Gray moved, seconded mixed-use request at by Herbold 1000 Burman to approve the Drive. MOTION b. Waiver of landscaping requirements at 213 Redmond Road Chairman Stroud opened the public hearing at approximately 7:17 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. Petitioner Mr. Preston Robinson stated that the property is part of a brown field cleanup site, explaining that he would like to incorporate the property into an adjacent existing mini warehouse business he owns. He related that this property is lot 9 and the three adjacent lots to the west consist of the mini warehouse business. He explained plans to move the entrance gate to the east. City Engineer Whisker stated that Mr. Robinson's plans are to develop lot 9 with asphalt to the front of the lot, as is the case with the adjacent lots. He then clarified that lot 9 is legally described separately from the three adjacent lots and as such is subject to the regulations of the landscaping ordinance. He then explained that the rule of exemption is if the amount of improvements is less than 50% of the value of the property as determined by the Pulaski County tax assessor. Mr. Robinson answered that he is requesting a waiver from the landscaping requirements for lot 9 only. In response to a question posed by Commissioner Gray, City Engineer Whisker explained that landscaping requirements for industrial zoned property basically addresses the front of the property, noting that generally in industrial zoned property the majority of parking is to the rear of the establishment. He stated that most of the landscaping involves the front 6' and 25' of the side up to any fenced areas. Mr. Robinson noted that the side fence would not allow for any type of landscaping. In response to a question posed by Commissioner Herbold, Mr. Robinson related that as part of the brown field requirements the current building on the property would have to be removed, adding that his plans are for new construction. In response to a question posed by Chairman Stroud, Mr. Robinson stated that landscaping would be totally out of character regarding the surrounding construction, explaining that there are no other properties on South Redmond Road currently that have landscaping. He continued that as a mini storage the only utility to the property would be electricity, adding that there is no water, sewer or gas. He pointed out that water would be needed for any type of landscaping. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. Chairman Stroud raised the issue of future development and the possibility of landscaping becoming a common feature for the area. Mr. Robinson stated that he does not see landscaped areas as fitting into the area with the existing structures. In response to a question from Chairman Stroud, Mr. Robinson explained issues regarding large trucks using part of the concreted area for parking and blocking the gates, which was his reason for having posts put into the concrete. He then responded that he did not feel a landscaping area would be any greater deterrent in keeping trucks from using the area for parking. In response to a question posed by Commissioner Gray, City Engineer Whisker related that landscaping requirements would equate to approximately two to three trees, eight to twelve bushes and some type of ground cover to the front of the property. It was pointed out that the side of the building would not figure into the requirements regarding a granted setback variance by the Board of Adjustment. Commissioner Gray moved, seconded by Commissioner McCleary to deny the waiver of landscaping requirements at 213 South Redmond Road as requested. Mr. Robinson reiterated that landscaping would require water, saying that there is not a need regarding a water meter for a mini storage. He added that the lot is a 100' lot, explaining that no other property on South Redmond Road has any landscaping, adding that the property is zoned M-2. At this time, MOTION CARRIED with Commissioners Traylor and Herbold voting NAY. Chairman Stroud closed the public hearing at approximately 7:21 p.m. c. Requested height waiver for Wireless Communications tower on Military Road and Southeastern Avenue. Chairman Stroud opened the public hearing at approximately 7:22 p.m. Mrs. Laura Mcinear explained that she is an agent for Didicom, LLC, a tower company located in Fort Smith, which constructs towers for Alltel Communications. She stated that the Ordinance 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. limits the height to a 100' monopole, adding that they are requesting an additional 100' to comply with room for additional carries and to be able to create the RF signal that is needed to connect with other towers in the area. She demonstrated areas on a map provided to the Commission that is indicative of low coverage areas regarding the proposed site. She explained the purpose of establishing additional sites, noting that towers are only capable of a certain number of calls at any given time. She then demonstrated the expanded coverage capability with the proposed new monopoles tower. She related that they have filed and received an FAA grant for a 199' tower that would actually leave room for lightening rods to be placed at the top of the tower. She added that their engineer has requested 190' tower to be able to provide the necessary coverage for the area and provide space for two other carriers. City Engineer Whisker stated that additional carriers should be considered, which would allow for the maximum amount of placement on the tower. He then answered that any FAA approval is subject to approval by the Air Base. Chairman Stroud closed the public hearing at approximately 7:39 p.m. In response to a question posed by Commissioner Keaton, City Engineer Whisker related that the closest facility to the proposed tower would be the water treatment plant to the north and the closest residential house would be the yellow house on Military Road just east of the new gas station. He then noted that the entire area is zoned C-3, adding that the rest of the area is located in the County, which does not carry a zoning designation. He then clarified that the proposed site is on the west side of the Loop Road extension. In response to a question posed by Commissioner Keaton, Mrs. Mcinear responded that the vertical separate can be from 10' to 20' depending on the carrier and the type of signal. She then answered that monopole structures are generally built to support up to four carriers. Commissioner Keaton moved, seconded by Commissioner McCleary to approve the requested height variance for the proposed monopole tower on Military Road and Southeastern Avenue as requested. MOTION CARRIED. d. Conditional Use of C-2 in a C-1 zone at 901 North First Street 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. Chairman Stroud opened the public hearing at approximately 7:39 p.m. Mr. Randy Pilsner, District Manager representing 0' Reilly Auto Parts noted earlier distributed material, offering his available to answer questions for the Commissioners. City Engineer Whisker explained that O'Reilly proposing to section off part of the property belonged to First Electric Cooperative on North is requesting a conditional use of the property. Auto Parts is that previously First Street and City Engineer Whisker answered that the width of the stockyard would be between the proposed O'Reilly's Auto Parts store and the residents on Gray Street. It was then decimated from the drawings that there would be no parking to the rear of the Store. Commissioner Gray moved, seconded by Commissioner Herbold to grant the C-2 requested use in a C-1 zoning for 0' Reilly Auto Parts as presented on North First Street. MOTION CARRIED. Chairman Stroud closed the public hearing at approximately 7:41 p.m. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Eastview Addition PH VI, Lots 1 thru 8, 32 & 33 Petitioner Chad Ellison clarified the lots being proposed for development. City Engineer Whisker noted that lots 1 thru 8, 32 & 33 would represent the last ten lots available for development in phase VI. He then noted that proper documentation has been submitted, pointing out that the water was accepted in the early to mid 80's and the sewer has required some rehab work, which is currently being performed with Sewer Commission approval. Mr. Bob Williams of the Jacksonville Wastewater Department confirmed approval by the Sewer Commission. City Engineer Whisker related the developers plan to rebuild the street, noting a drainage swell to the back of the development, adding that the developer is also working on the required sidewalks to complete the inside loop around Gina Circle. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. In response to a question posed by Commissioner Gray, City Engineer Whisker concurred that the preliminary plat being presented is a revised plat from that which was originally approved in the 80's, noting that as recently as two years ago this part of the property was presented to the Planning Commission along with other lots around Davis Court, explaining that following that approval only the plats around Davis Court were then developed. City Engineer rezoned to R-2 years ago. Whisker then concurred that the from zero lot line approximately property was one and half Commissioner Gray moved, seconded by Commissioner Keaton to approve the Preliminary Plat of the Eastview Subdivision PH VI, Lots 1 thru 8, 32 & 33. MOTION CARRIED. b. FINAL PLAT Hidden Oaks Subdivision Representative Mr. Tommy Bond stated that there are no exceptions from what was approved as the preliminary plat. He stated that to his knowledge all letters of acceptance and bonds are in place. Commissioner Keaton questioned if the bill of assurance sets forth any parking restrictions regarding the concrete drive around lots 3, 4, and 5 and inhibiting access for fire equipment. Mr. Bond stated that there is an easement, adding that he was not aware that there was an issue regarding access. He then added that the bill of assurance could address that as an issue. City Engineer address issues City access. Whisker supported that the bill of assurance to keep the drive clear for Fire Department and In response to a question from Commissioner Traylor, Mr. Bond clarified that lot 21 is large enough to place a home. He reminded the Commission that the houses would basically be 30' X 40' . City Engineer Whisker drives constructed onto driveway already exists requested that lots 1 and 23 not have Trickey Lane, and Mr. Bond noted that one off Trickey Lane. Following discussion regarding corrections in the description Mr. Bond stated those would be corrected. legal 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Final Plat of Hidden Oaks Subdivision stipulating that the bill of assurance address access issues regarding the east side of lots 3, 4, and 5 or between lots 5 and 6, along with corrections to the legal description. MOTION CARRIED. c. PRELIMINARY PLAT Bellevue Subdivision PH IV Representative Mr. Bond related that PH IV is an extension of the original plan for Bellevue Subdivision. He noted that the Subdivision began in the late 70's and was revived in the 90's following a decline in development. He explained that it began as a single-family subdivision and ended as a multi-family. He noted that the current phase is zoned as R-3, adding that the developer plans to rezone the property to R-1. He then explained that the northern tier of lots is slightly in the flood, requiring a small amount of fill. He stated that this property would be the last 3 acres to be developed out of approximately 16 acres. He noted that the property consists of 18 lots, which already has sewer and a water line. He related that City Engineer Whisker has requested half street improvements on Northeastern, pointing out that Northeastern Street is closed approximately midway of the north interior lots with a gate. He then related a deep ditch on the west side of Northeastern, which the developer has agreed to pipe on the Subdivision portion of the property, adding that there is approximately 100' back to the south that is not a part of the Subdivision. He then related that the developer has agree to sidewalk placement and a temporary turnaround at the end of the stub street, noting that there is a sewer line that runs through the area where the street is. City Engineer Whisker stated that his request would include re- numbering the lots and include the "F" designation, rezone the property from R-3 to R-1, construct a temporary turnaround at the end of Bellewood Lane, placement of a fire hydrant at the corner of Clint and Northeastern, sidewalks along Bellewood, Clint and Northeastern, half-street improvements on Northeastern including pipe, curb and gutter with a minimum of 20' width of asphalt. In response to a question from Chairman Stroud, Mr. Bob Williams of the Wastewater Department stated that the Sewer Commission approved the Subdivision contingent upon Health Department approval and completion of the upgrade to the East Pump Station. He then related that the contract bid to upgrade the pump station was issued last Wednesday. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. Mr. Bond noted that four lots already have sewer service from the existing sewer line. He then agreed to the request submitted by City Engineer Whisker. Commissioner Gray moved, seconded by Commissioner McCleary to approve the Preliminary Plat of Bellevue Subdivision PH IV, stipulating (1) re-numbering the lots to include the "F" designation, (2) rezone the property from R-3 to R-1, (3) construct a temporary turnaround at the end of Bellewood Lane, (4) placement of a fire hydrant at the corner of Clint and Northeastern, (5) sidewalks along Bellewood, Clint and Northeastern, (6) half-street improvements on Northeastern including pipe, curb and gutter with a minimum of 20' width of asphalt, (7) Health Department approval and completion of the upgrade to the East Pump Station. In response to Attorney Bamburg would be for the preliminary plat. a question from Commissioner Herbold, City clarified that the proper chronological order property to be rezoned prior to approval as a Discussion ensued regarding lot dimensions and the purpose of rezoning the property to fit the intended use. Commissioner Gray moved, seconded by Commissioner McCleary to retract the previous motion and move to table the item of business until the December regularly scheduled Planning Commission meeting. MOTION CARRIED. d. FINAL PLAT Northlake Subdivision PH X-B Representative Mr. Bond stated that the adding that the letter of warranty outstanding and sidewalks. phase consists of 7 lots, on the sewer is still City Engineer Whisker stated that the streets, water and sewer were put in over a year ago, adding that the developer has been filling the lots on the backside. He related that the developer still needs to submit a bond for the sidewalks as well as the sewer warranty letter. In response to a question posed by City Attorney Bamburg, City Engineer Whisker noted that lot 376 is excluded from this phase; Mr. Bond then offered that he was sure lot 376 was excluded from the legal description, adding that it would be verified. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. Commissioner Keaton moved, seconded by Commissioner Gray to approve the Final Plat of Northlake Subdivision PH X, stipulating that a bond be submitted for the sidewalks along with a letter of warranty for the sewer and that the legal description be verified not to include lot 376. MOTION CARRIED. e. FINAL PLAT Stanphil Road Duplex Addition Developer Daniel Gray stated that the sewer and accepted during the final plat stage for Growing approximately three months ago. water were Pines PH II City Engineer Whisker informed that the Corrunission that he has received the street warranties and bonds for the sidewalk. A correction to the bill of assurance was noted changing the square footage requirement to 1800 square feet. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the Final Plat of Stanphil Road Duplex Addition with noted correction to the bill of assurance. MOTION CARRIED with Commissioner Gray voting NAY. BUILDING PERMIT(S): T.P. White Drive Gwatney Chevrolet Enclosure of Service Bay entrance Architect Ken King for the project, requested a 4,000 square foot expansion for the front end of the facility for Gwatney Chevrolet. He stated that the expansion will serve as a service reception area and would enlarge the customer service area, adding that it would also consist of updating the offices. City Engineer Whisker concurred with the assessment of improvements, adding that he would request that a sidewalk be constructed along Bailey Street and T.P. White Drive as indicated by the Master Sidewalk Plan. He noted that the cost percentage of improvements is slightly under the value of the property, which excludes the project from regulations of the landscaping ordinance. Discussion ensued regarding the concrete and green space aspect along North Bailey. Commissioner Gray questioned the need for sidewalks on North Bailey if the area is paved up to the curb. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. City Engineer Whisker s tated that the issue would depend on how close the cars are parki ng into the right-of-way, clarifying if the pavement allows a space where the cars cannot pull into the area then he would not see it necessary. It was noted that the pavement would need to be fixed regarding the entrance. Mr. Bond pointed out that T. P. White Drive is a State Highway right-of-way, adding that he is not sure there is enough room between the existing road and the edge of the right-of-way to establish a sidewalk. He noted that the area has a ditch, adding that there is no curb but the pavement has a small lip that immediately goes into a ditch. City Engineer Whisker stated that he believed the area in question is one of the few areas on T. P. White Drive that does not have a ditch. Mr. Bond then Department would right-of-way. noted be that approval from the State necessary regarding improvements Highway to the In response to a question posed by Commissioner He rbo ld, Mr . Bond answered the drai nage is flowing north on T. P. White and turns going sout h on Ba iley. Ci ty Engi ne er Whi sker then e xpl a i n e d that the wa ter t hat f lows to the front age r o ad in front of Gwatney Chevrolet hits the curb l ine and then c ont inues north until it gets to an inlet where Shakey's use to be. Mr. Bond offered that a lot of the water turns and goes into where Big Lots is located. He noted a retaining wall between Big Lots and Gwatney Chevrolet. Commissioner Herbold expressed concerns regarding the removal of even a small ditch keeping water off the roadway to establish a sidewalk and the possible repercussions to the drainage flow. City Engineer Whisker reiterated that he did not feel the area has a ditch and Mr. Bond concurred with that sentiment. Mr. Bond continued that the issue would be if there is enough room and if the Highway Department would allow those improvements. Commissioner Keaton proposed the feasibility of establishing a sidewalk along the access road on the south side of Gwatney Chevrolet that would lead down Bailey and turn east going into the backside of Gwatney. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 2005 7:10 P.M. -8:33 P.M. Mr. Bond noted that there is an established street behind Gwatney and a small row of buildings behind Gwatney. He agreed that there is an area that could be designated as a sidewalk, noting that there is a curb that defines Gwatney's parking lot. It was noted that the only sidewalks in the area are located at the new collision center down the street. Mr. Bond reiterated that there is not much room between the edge of the pavement and the edge of the right-of-way, citing possibly 6' to 8' . City Engineer Whisker stated that it could possibly be 10' from the back of the curb to the right-of-way line. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the building permit for Gwatney Chevrolet stipulating that a walking designation either on the north side (T.P. White) with approval from the Highway Department regarding necessary permitting for right-of-way improvements OR the south end (street behind Gwatney) of the property. MOTION CARRIED with Commissioner Gray voting NAY. GENERAL: City Engineer Whisker informed the Commission that the City zoning map is now available on line under the City's web page. He asked that any suggestions for changes be forwarded to him, explaining that there had been a data bust in the map, which has been corrected as best as possible. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:33 p.m. Respectfully submitted, . Davitt 11 JACKSONVILLE PLANNING COMMISSION AGENDA DECEMBER 12, 2005 7:00 P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission November 14, 2005 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE a. REZONING Bellevue Subdivision PH IV from R-3 to R-1 Petitioner: Clint Skiver Recommended at November meeting b. CONDITIONAL USE 1713 Nina Street Mixed Use of Residential and Commercial Petitioner: Roberta Bonham c. REZONING of 900 Madden Road from R-1 to C-1 Petitioner: Medlock Construction Representative: Clayton Engineering PLAT(S): a. PRELIMINARY PLAT & SITE PLAN: 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Dupree Park Addition Petitioners: Jim Reed & Byron McKimmey Representative: Clayton Engineering b. FINAL PLAT: Marple Subdivision, Lot 1 Petitioner: Roy Marple Representative: Bond Engineering c. PRELIMINARY PLAT: Bellevue Subdivision PH IV Petitioner: Clint Skiver Representative: Bond Engineering EASEMENT DEDICATION: Red Fox Lane Petitioner: Terry Johnson Representative: Bond Engineering J OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on December 12, 2005. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Susan Dollar, Bart Gray Jr., Emma Knight, Glen Keaton, Mike Traylor, John Herbold and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Commissioner McCleary was absent. Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Larry Dupree, Alderman Stroud, Alderman Howard, Public Works Director Jim Oakley, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Keaton that the minutes of the 14 November 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of Bellevue Subdivision from R-3 to R-1 Chairman Stroud opened the public hearing at approximately 7:03 p.m. Petitioner representative Tommy Bond of Bond Engineering related that the petitioner is following the request of the Planning Commission to have the property properly rezoned from R-3 to R-1 prior to submittal of the preliminary plat. Mr. Ron Phillips of 615 Northeastern Avenue stated that while he is not opposed to the rezoning he does have concerns regarding the traffic on Northeastern Avenue. He described the Street as more of a "pathu rather than a street, questioning if the City plans to widen the Street with curbs and gutters. Chairman Stroud stated that curb and gutter would be installed on the development side of the Street. Mr. Phillips reiterated his concerns, adding that it is hard for two vehicles to pass on the Street because of the narrowness of the Street. He then added concerns for vehicles parking in the street and the increased traffic flow. With no one else expressing an interest in speaking to the issue, Chairman Stroud closed the public hearing at approximately 7:06 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. City Engineer Whisker supported the request to rezone the property for single-family development, explaining to Mr~ Phillips that the road would be 20' asphalt with curb and gutter on the opposite side of Mr. Phillip's horne. He stated that it would be 13.5' on one side of the street and 7' of asphalt on the opposite side. Mr. Phillips interjected that he would additional right-of-way for widening the citing concerns for safety. be happy Street on to provide his side, City Engineer Whisker stated that 20' would provide 10' per lane, which is considered wide enough for two cars to pass safely. He then explained that the developer would only be providing curb and gutter adjacent to the area being developed. He then answered that none of the houses being proposed would face Northeastern Avenue. Commissioner Gray moved, seconded by Knight to recommend approval of the rezoning request for the Bellevue Subdivision PH IV from R-3 to R-1 to the City Council. MOTION CARRIED. b. CONDITIONAL USE at 1713 Nina Street Chairman Stroud opened the public hearing at approximately 7:08 p.m. Ms. Roberta Bonham explained that she is proposing a minimal remodel of the unused garage attached to her horne at 1713 Nina. She explained that she would like to use the area as a one-person salon, adding that she has a fixed clientele. She stated that the building she is currently renting is being sold. She stated that there are very few facilities available in the established mixed-use zone that is conducive to her type of operation. She related that as a one-operator salon she does not work with wall- in traffic and that she does not advertise. She explained that the only exterior remodeling would be to remove the garage door and put in a window and a door to serve as a private entrance. She offered the Commission a conceptual drawing of the exterior remodeling. In response to a question posed by Chairman Stroud regarding the commercial nature of the remodeling, Ms. Bonham explained that the remodeling would not appear commercial, adding that she would not be using any outside advertising such as signs. She stated that while her plans are for a commercial venture it would not be a commercial remodel. She stated that the remodeling would not have the appearance of a store front. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. City Engineer Whisker stated that the Code does not allow businesses in residential areas that create foot traffic, adding that home offices for bookkeeping only are allowed. He stated that he had conveyed to Ms. Bonham that the mixed-use zone was the appropriate zone for a house where business was being conducted. He stated that the mixed-use zone is approximately two-blocks extending on either side of Main Street, from Sharp to Elm Street. He related that Ms. Bonham's house is on Nina Street, adding that the backyard faces Redmond Road. He stated that the area is a residential area outside the mixed-use zone, which does not meet with the City's zoning or land use. Discussion ensued regarding the single-car driveway and the maximum capacity for only two vehicles front to back. Ms. Bonham stated that she has enough room to widen the driveway 6', which she intended to do regardless of the remodeling. She stated that she is not widening the driveway specifically because of her request but was planning to widen the driveway for private use. Chairman Stroud questioned the possibility of a hazardous condition for cars to enter and exit, pointing out the curve in the Street. Ms. Bonham stated that there would be absolutely no foot traffic, explaining that she does not cater to walk-in business at the salon she currently operates. She related that she works strictly by appointment, explaining that it would be rare for her to have more than one customer at a time. She explained that as one operator she does not employ help, stating that she did not feel it would create more traffic. Chairman Stroud issued concerns for creating a precedent by allowing a commercial venture in a residential area. Ms. Bonham stated that she did explore the mixed-use area, relating that there is nothing available because it is limited by the fact that it only extends one block on either side of Main Street. She stated that additionally cost are prohibitive to a business such as hers. Discussion ensued regarding the purpose of instituting a mixed- use zone in the City, and Chairman Stroud explained that the purpose was to move businesses and revitalized the central downtown area, to keep business downtown and not allow them to spread. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Ms. Bonham reiterated that costs are prohibitive to a business such as hers. She explained that rates after the mixed-use zone was instituted rose dramatically. Chairman Stroud explained that the mixed-use zone is designed to emphasize streets cape and pedestrian facilities to encourage a residential and commercial area to develop in central Jacksonville along Main Street. He continued that concept supports the Comprehensive Development Plan. He noted that Ms. Bonham had mentioned in her letter the operations of a childcare and TV repair facilities in her neighborhood as support for the request for a salon operation in her home. He stated that it is not believed to be in the best interest for the City to allow illegal businesses to "pop-up". Ms. Bonham stated that her point in her letter was to demonstrate that as a quiet business she would not be generating any more traffic than the other businesses that she had mentioned in her letter. She stated that she was not suggesting that anyone was running an illegal business, adding that obliviously if they are operating a daycare they have the correct permits to do so. City Engineer Whisker stated that daycares as well as home offices are allowed, explaining that daycare operations have very specific, stringent requirements and are allowed as a permitted use. Commissioner Herbold questioned if the size of the garage would limit the operation from growing beyond a one-person business. Ms. Bonham agreed, explaining that it would not be big enough for a double operator. She characterized her plans as being a studio with a chair. Commissioner Knight stated that she would not be in favor allowing operations in residential areas, explaining that homeowners do not anticipate such operations in a residential area. She stated concerns for setting a precedent that would allow homeowners to operate a business from their home. She explained that it would hard for the Commission to allow some and disallow others. In response to a question posed by Commissioner Keaton, Ms. Bonham stated that her current operating hours are between 10:00 and 5:00 p.m. seven days a week. She then added that her proposed hours of operation at her home would be the same hours, Monday through Friday. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Chairman Stroud stated that he concurs with Commissioner Knight, saying that once the precedent is set it would be hard to control. He added that there is a mixed-use zone for this purpose and the City has adopted the Comprehensive Development Plan to direct such issues. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:19p.m. Commissioner Knight moved, seconded by Commissioner Traylor to deny the request for 1713 Nina Street. MOTION CARRIED with Commissioner Gray abstaining from the vote. c. REZONING of 900 Madden Road from R-1 to R-3 Chairman Stroud opened the public hearing at approximately 7:19 p.m. Mr. Michael Clayton of Clayton Engineering stated that he is representing Mr. Brad Medlock regarding the request for Madden Road. He related that a prior request was asked to be modified to leave the front 300' as single-family housing, adding that a 60' X 100' residential lot is being proposed for the front portion of the property. He noted that the east side of the property serves as an entrance to the rear portion of the property. He stated that this proposal would allow his client to develop the remaining 200' with two more four-plexes consistent to the existing four-plexes. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:21 p.m. City Engineer Whisker referred to a drawing he submitted to the Planning Commission, explaining that the surrounding lots on Madden Road are approximately 300' deep and the lots on Linda Lane are 170' deep. He stated that spirit of prior conversation in the Planning Commission meetings was to match the surrounding area regarding the streetscape. He stated that if the property is to match the Madden Road property is should be left at 300', if allowed to match the Linda Lane property then the proposal should be modified to at least match the 170' property adjacent on Linda Lane. He stated that good planning would dictate that the property be made similar to the surrounding property. Chairman Stroud reviewed the highlights regarding the property since 2001 when development considerations began, he read from previous statements that the petitioner had said that "they are 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. quality built apartments, well maintained, similar apartments built in single-family district (R-1) in Sherwood. The area proposed for rezoning already contains R-2, R-3 and/or R-5. The unusual shape of the property and the fact that it is landlocked from the north makes R-3 the only viable use for this property, willing to meet reasonable request requirements". He stated that the petitioner has already said that he would commit to landscaping, maintaining the grass, and planting Bradford pear trees 20' apart. He continued that "children's playground equipment being installed and a privacy fence". He stated that a sprinkler system was mentioned but it was never solidified. He then stated that the area residents agreed to the fact that are mixed zones in the area, adding that the contention between the residents and the petitioner was the percentage of rental to single-family. He stated that the residents felt that their property values would suffer and that transient residents common to apartments would detract from the neighborhood, continuing that traffic would be detrimental to an already busy street. He mentioned other concerns for grass maintenance, drainage, Fire Department access, loss of community pride, safety and legal concerns regarding trespassing. He stated that in the past it was felt that a zoning to C-1 would be impractical, thus an R-3 was introduced, adding that it was mentioned that R-3 is used as a buffer between residential and commercial. He noted that the property was zoned C-1 long before many of the residences were built, adding that traffic issues were previously addressed, the sidewalk is built, the fire hydrant is in place, the Fire Department has no issues regarding access and that drainage as far as is known is not a problem. Commissioner Herbold stated that originally trees were suppose to be put in to serve as a buffer to the residential area, noting that trees were placed in front of the apartments, which serves as no buffer. He then mentioned that previous meeting minutes had questioned why the playground had not been installed as agreed. He related that the developer had noted that there were no children in the apartments, explaining that from his perspective he believes if the playground had been established it might be more of an incentive for parents to move into the complex. He pointed out that these i terns as well as a turn- around at the end of the drive were promised. He then noted that an agreement was worked out with the Fire Department regarding the turn-around, but added that once an item is requested by the Planning Commission he does not feel it is subject to outside compromises. He stated that he does not have a lot of confidence that agreements worked out through the Planning Commission will 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. be forthcoming. He then related that he spoke with Mr. Ruben Smith of 908 Madden Road whose property also extends back to the Highway, who related to him that he has had numerous problems with trespassing and noise. He stated that one of the zoning policy statements is "to provide zoning protection preventing encroachments in order to create a climate of confidence and certainty in the minds of the homeowner about the continuation of the residential neighborhood to attract a private investment necessary for maintaining individual resident properties". He stated that he believes the request is in opposition to that policy. Mr. Clayton stated that if there were any issues during the construction he believes the owner would have complied with any request from City staff, he then stated that additional trees could be added to the back of the property as part of the request. He stated that in speaking with Mr. Medlock regarding the playground equipment, Mr. Medlock has stated that 100% of his tenants were military personnel without children. He added that Mr. Medlock has stated that he would be willing to place some type of reasonably cost playground facility. He related that there may be some vague interpretation regarding playground "equipment". He stated that Mr. Medlock would be willing to work with the Planning Commission or City staff to accommodate the request. Commissioner Herbold then read from the minutes that Mr. Medlock had previously stated that he would be willing to build a privacy fence to the west of the property and part way on the lot that divides the 300' line. He stated that when Mr. Medlock agreed to construct a playground there was no contention for "if there are children in the apartments". Mr. Clayton stated that he would convey current sentiments to Mr. Medlock, requesting specifics regarding location for the placement of the playground equipment. Chairman Stroud stated that he believes the point is that there is no playground equipment anywhere to show that Mr. Medlock was trying to comply as previously agreed. Commissioner Herbold then pointed out that in previous minutes the developer indicated that he did not intend to request a later R-3 rezoning for the front 300' of the property, which is exactly in contrast to the request before the Planning Commission. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Commissioner Knight stated that her knowledge is limited to conversations with the residents and what she previously read in the newspaper, adding that following tonight's conversation she is not inclined to grant the request because of items that were not fulfilled as promised. She stated that such items deal with the quality of life and cannot be taken lightly, adding that she would like to see the developer complete his obligations. Mr. Clayton stated that Mr. Medlock has maintained the appearance of the property and has good tenants, at one time allowing a police officer to live in the complex rent-free to increase the security. He went on to say that he does not believe there have been any incidents. He stated that the Commission holds leverage regarding the addition of two building, which would allow the developer to maximize his land. Chairman Stroud stated that the if the property is rezoned it would not allow for leverage from the Planning Commission. He stated that the Commission in looking at the good-faith values of the past, Mr. Medlock has fallen short. He stated that the Commission is very apprehensive about going forward because of past practice. Mr. Clayton stated that if the rezoning is approved stipulations could be set forth in the rezoning ordinance, explaining that if Mr. Medlock did not comply he would be in violation of the ordinance. Chairman Stroud stated that the Commission is stressing that Mr. Medlock has not complied with the stipulation regarding the R-3 conditional use that was granted. Mr. Clayton requested the opportunity to withdraw the application in order to address these issues with his client and return later with a new application. Commissioner Gray moved, seconded by the request until such time there is stipulations as agreed regarding conditional use as granted. Commissioner Dollar to table compliance with the previous the approval of the R-3 Commissioner Herbold stated that tabling the request does not change the fact that the request is in opposition to one of the policies regarding the protection of the homeowners and their investments. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. At this time, MOTION CARRIED with Commissioner Herbold voting NAY. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT & SITE PLAN Dupree Park Addition Mr. Jim Reed stated that he has been working with the Parks and Recreation Department in order to obtain a road easement through Dupree Park. He stated that in the agreement process he was asked to resubmit considerations requested by the Parks Commission, explaining that the Parks Commission meeting will be held tomorrow. He stated that he had spoken with Director George Biggs today who assured him that everything looks good, adding that technically he does not have final approval for the agreement. He stated that he had informed City Engineer Whisker, who asked that he attend the Planning Commission meeting in order to discuss some of the issues. He explained that part of the agreement requires him to build a road almost 1,000' to the landowners property, adding that the road is to be a 27' road with curb and gutter with a 5' sidewalk and a 6' chain link fence extending from the driveway and back through the property. He stated that another item to note is that the landowner has donated a piece of property that the City has built a road on, which had previously crated concerns for access to the back property. Chairman Stroud questioned if by Mr. Reed's earlier statement, is the Commission to confer that Mr. Biggs is satisfied with the proposal submitted by the landowner. Mr. Reed stated that Mr. Biggs had informed him that everything had been sent to the City Attorney, assuring him that the paperwork submitted was exactly what they were expecting. He stated that only certain wording was subject to change, adding that everything requested on his part has been supplied. In response to a question posed by Chairman Stroud, Mr. Reed stated to his understanding Mr. Biggs would "sign off" on the proposal. He noted property donated to the City as a crucial part of the deal, stating that without the small triangular piece of property access would be hindered. He stated that the 1700 square feet property was donated in good faith. He stated that he has been working this deal for two years, noting that he was granted a conditional use for the property subject to the Parks allowing him to build a road to the property. He stated that it is his belief that the Parks Commission will approve his 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. proposal at their meeting tomorrow. has been hired to work with the City the project. He stated that an engineer Engineer to help the flow of City Engineer Whisker related that the petitioner was granted a C-1 conditional use for the property contingent that the Parks Department approved any road through Dupree Park, which has not yet been approved. He stated that there are other issues regarding the site plan and preliminary plat, explaining that the developer has not submitted the plans to the Water or Wastewater Departments. He then informed the Commission that the Master Street Plan calls for a collector street along Highway 67/167 that equates to 60' of right-of-way; he demonstrated the area on a map, noting that it would extend approximately 1200'. He then stated that the Codebook requires that if you develop along a street right-of-way then the street must also be constructed. He stated that he feels the right-of-way is necessary and is on the Master Street Plan for a reason. He continued that the developer feels that building the street would be cost prohibitive to his development. He related that the City owns street frontage along Highway 67/167 below the development as well as another property owner below the City, explaining that the private property owner may have plans to develop in the future. He stated that the did not feel the preliminary plat should be allowed to go forward but should be tabled or reviewed with recommendations regarding the construction of the road. He suggested that a bond be provided to build the road. He then explained that part of the problem with building a road is that the land moves into an area that is approximately 8' below floodplain elevation before moving into the floodway, which would require bridges. Mr. Reed noted that there are no major business located in that area and to build the road would cost hundreds of thousands of dollars which would lead no where. He stated that he would hope that the Commission would give that consideration, adding that to build the road would entirely kill the project. He stated that he did not have any objection to reserving a corridor through the area but to build the road would be cost prohibitive. Chairman Stroud stated concern, relating that he had spoken with Director Biggs today, who assured him that Mr. Reed would not be at the Planning Commission meeting prior to appearing before the Parks Commission. He stated that while currently there is no business in the area, the Commission is well aware of the proposed Legacy development being proposed by the Dupree Company. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Mr. Reed stated that earlier Mr. Biggs had told him that he probably did not need to attend tonight's Planning Commission meeting but added that when he spoke to City Engineer Whisker, he asked him to appear and address this issue. He stated that he then spoke to Mr. Biggs at 4:15 today to explain that he would be attending the meeting. Mr. Clayton reviewed the plat noting that a permit to build in the floodway cannot be issued unless a study is conducted to prove that there would be no rise in the water up stream. He demonstrated the areas on the map, explaining the difficulty with any type of development in the floodplain and floodway. He stated that he respects the City's Master Street Plan but offered that in this instance he feels the Plan should be reevaluated regarding this area. He related that to build the road is a technical recommendation but added that on the practical side building the road is unrealistic. He explained that starting at Redmond Road there is a culdesac and an apartment complex, he noted that the Master Street Plan, as adopted by the City in 2004, shows the road going through the apartment complex and continuing on toward Main Street, which would involve the backyards of existing homes. He stated that of the 13,600 linear feet only 800 feet is out of the floodplain or floodway and the 800 feet is the area where the apartments are located. He explained that of the proposed property, 800 feet is in the floodway and to build the road correctly, it would have to be constructed approximately 9' in elevation. He noted that the 60' of right-of-way equates to approximately 2 acres, which is a lot of land for this type of development. He stated that the only exception to building in the floodway requires a major engineering studying including hydraulic analysis before and after development, adding that it takes approximately 6 months to a year to obtain FEMA approval. He then stated that such a study would cost well over $100,000.00, adding that it involves a lot of money, time and is complicated. He noted that the area of Rocky Branch Creek would require construction of bridges to cross before returning to the flood plain property parallel to the Freeway. He stated that the property further to the south is major floodway property, which is part of the five-mile creek floodway that has caused many problems in the past. He noted that part of the Landfill was built in the floodway on a technicality that encroached approximately 75% into the five-mile creek vicinity. He then noted that the location of a levy parallel to 67/167 that separates the Dupree's land from the Two Pines Landfill. He related plans for the Landfill to develop up to Bayou Meto Creek, adding that between the levy and Highway 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. 67/167 there was some interest in trying to develop the land into a high visibility retail section. He then added that the problem is that there are two parties wanting to eliminate the floodway, explaining that there is no way to make the floodway disappear. He stated that a floodway has to be reserved to allow the drainage that goes up to the five-mile creek into North Little Rock. He stated that there is a substantial amount of land approximately 4,000 acres that drains into this area, explaining the land is a major tributary. He pointed out that 8,100 feet of the roadway would be in the floodway, requiring bridges that would be cost prohibitive to any developer except the Highway Department, adding that to his knowledge the Highway Department does not have any interest in building an access road parallel to the Freeway. He stated that the other area for funding would be Metroplan, explaining that Metroplan does not like to use funding for the construction of collector streets. He then explained that because the area goes as far as 16' below the floodplain the road has to be sloped out, explaining that it would require approx 140' of right-of-way to produce a 60' r oadway. He then related that Warden Road and Landers Road on t h e Sherwood side would probably never be extended to connect with the collector street, adding that the reason being is that the interchange was not planned or designed for access roads with bridges. He then pointed out that the interchange does not have any exit ramps, saying that there would be no way for any typ.e of activity from the interchange to be directed to the collector street. He stated that he is trying to point out that the road would be impractical to build even though it is shown on the Master Street Plan. He stated that it equates to a form of taking without any real intent for use. Chairman Stroud pointed out that the City is only requiring the road because the developer requested access through Dupree Park. Discussion ensued regarding the area constructed by the Landfill being a part o f a LOMA and accepted by FEMA along with a CLOMR to allow them to build up to the Bayou Meto area. He then related that the study conducted in connection with the Legacy development did not indicate that there would be any rise in the water. Mr. Reed stated that he is not opposed to reserving the corridor but does not want to build the road. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Commissioner Gray moved, seconded by Commissioner Traylor to table the item of business until the next regularly scheduled meeting to allow the Parks and Recreation Commission to consider the issue of a road through Dupree Park; and that proper documentation be provided to the Water and Wastewater Departments. MOTION CARRIED. b. FINAL PLAT Marple Subdivision, Lot 1 Mr. Bond related that the property is adjacent to the U-pull it property, adding that it has been submitted to the County and has an existing 16" water line to the property. He then related that there is a State approved septic tank disposal system for the lot. City Engineer Whisker related that Mr. Marple owns the property below U-pull from John Harden back to old Highway 67/167, he stated that this area did have a road that led from John Harden almost to the old Highway, adding that this parcel is completely north of that road. He clarified that it does not touch that part of the road that was proposed in the earlier part of the subdivision. He then related that the Fire Marshal did request a fire hydrant in the front of the property. Commissioner Knight moved, seconded by Commissioner Dollar to approve the Final Plat of the Marple Subdivision, Lot 1 as requested, stipulating placement of a fire hydrant as requested by the Fire Marshal. MOTION CARRIED. c. PRELIMINARY PLAT Bellevue Subdivision PH IV Mr. Bond related that the only pending issue was that the property be properly rezoned for development. Commissioner Gray moved, seconded by Commissioner Dollar to recall the tabled motion from the November 14th Planning Commission meeting as follows: Commissioner Gray moved, seconded by Commissioner McCleary to approve the Preliminary Plat of Bellevue Subdivision PH IV, stipulating (1) re-numbering the lots to include the "F" designation, (2) rezone the property from R-3 to R-1, (3) construct a temporary turnaround at the end of Bellewood Lane, (4) placement of a fire hydrant at the corner of Clint and Northeastern, (5) sidewalks along Bellewood, Clint and Northeastern, (6) half-street improvements on Northeastern including pipe, curb and gutter with a minimum of 20' width of asphalt, (7) Health Department approval and completion of the upgrade to the East Pump Station, with recommendation for the rezoning to be forwarded to the City Council. MOTION CARRIED. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8 :50 P.M . GENERAL: EASEMENT DEDI CATION regarding #6 Red Fox Lane Mr . Bond noted that the building permit and site plan were submitted two mo nths ago regarding lot #6., the last lot on the south side of Red Fox Lane . He stated t hat the tract consist of 3 acres . He stated that Red Fox Lane is a private road that services six houses . He explained that Mr . and Mrs . Johnson purchased the property in good faith, una'ilare of issues concerning the private road . He related that be has obtaim:d a document from. the property owners dedicating a right-of-way , adding that the property owners at t he end of the road did not have a real right-of-way for dedi cation. He stated that the document will dedicate a 30' easement regarding access . ~e stated that the Water Dep artment has agreed to extend and re- install a fire hydrant that had b een taken out some years ago. He stated that City Engineer Whisker has requested that a plat be filed regarding tbe J ohnson property, wh ich wi ll be brought back to the Commission . City Engineer Whisker stated that he understood the most important issues to be that the property b e platted with access , he added that he had s uggested that the entire property be p latt e d as a subdivision, which would allow the Planning Commission preview over the regulations. He stated that the road would remain private regarding the easement . He reiterated that the F'ire Marshall has requested a fire hydrant be installed and the Water Department has agreed to iu::;tall one that wnnld be beneficial to all the residents . He stated that he had also requested that when platting the Johnson property that a turn- around be pro vided for Fire Departmen t equipment, wh i c h does not have to necessarily b e asphalt but must suppoLt the weight of A fire t ruck . He stated that he believes the petitioner is seeking confirmation that thi s is the direction requested by the Planning Commission. Commissioner Gray stated that his concern would be the history of the s ubdivision, explaining that the general information was h is reference , and adding his con cern was that the subdividi ng over generations cease . He stated that an easement still concerns him that it would allow for another tract at the end of the property to be subdivided. Mr. Bond concurred, adding that he believes that property is located in the floodplain. Commissioner Gray stated that even as such it has not discouraged the development of a subdivision outside the general regulations usually reserved for subdivision development . 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Mr. Bond offered a brief history of how the first four houses came to be built and eventually sold over a period of fifteen years. He stated that the property at the end was subsequently sold to a Mr. Long as the second property owner. He stated that the property labeled Johnson was built by Marshall's son-in-law and has been there for approximately 20 years. He stated that the newest house is the Long house, which was built in 1994 or 1995. He concurred that the property has evolved over the years, noting that the property seller has been the Boyd family. He noted that the most recent property sold was by an individual married to a member of the Boyd family. He stated that most of the property has been sold as a result of a family member inheriting the property and selling. He stated that he feels the Planning Commission could stipulate no further subdividing in the area. Commissioner Gray stated that the Planning Commission has stipulated that in the past. Mr. Bond stated that the Johnsons did not have a clue regarding the histories associated with the properties. Commissioner Gray pointed out that none of the other previous purchasers had a clue as to the history. He stated that he is trying to secure that development on the private road ends. Chairman Stroud asked that Public Works Director Jim Oakley address issues regarding Sanitation pickups. Director Jim Oakley stated that his main concern is that the Sanitation trucks do not have a place to turn around on the road, explaining damage to private property because of the truck having to back out of the private road. Commissioner Gray proposed to plat 1 the possibility of stated that initially the petitioner had acre of the 3-acre tract, which would lead to further subdividing in the future. Mr. John Johnson stated that his understanding is that his parents are proposing to build one house with the intention of passing on the other two acres to their children, who would be free to do with the property as they wished. He added that he could not say whether another house would be built or not. He stated that even if his parents do not build the house the problem with the turn-around still exists. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Chairman Stroud pointed out that the more houses that are built the bigger the problem becomes. City Engineer Whisker noted that if the property is platted any further subdivision would have to be done with a lot-spit before the Planning Commission. Mr. Johnson related that when his parents purchased the property they were not aware of the history of the property or what they would have to go through in order to build a house. Mr. Mathew Long of #9 Red Fox Lane related that his home is the last home on the south side of Red Fox Lane. He stated that after closing escrow on his home he received his survey performed by Bond Engineering, explaining that his property line begins at the north side of Red Fox Lane. He clarified that the paved concrete driveway is not part of his property, adding that giving up 15' for a culdesac easement would take a good portion of his yard that is currently not paved. He then stated that it is his understanding that one of the signature on the document provided to the Planning Commission is not a property owner on Red Fox Lane, which he stated concerns him that it may be opening the door for further development. In response to a question from Chairman Stroud, Mr. Long answered that he felt it would be unfair for him to provide an easement without being compensated. Chairman Stroud stated that if Red Fox Lane had been developed under proper subdivision regulations, all property owners would be aware of pre set easements. He stated that as is the development has evolved without control and the Planning Commission is trying to solve the situation. Commissioner Knight pointed out that idea if the residents were asked Northeastern Ave. for easier pickup. it would not be a popular to put their garbage on Mr. Long concurred, that the idea had been discussed among the residents and was not well received. He stated that the residents are satisfied with the current service being provided by the City. He stated that he would not object to a culdesac being placed on the adjacent property, reminding the Commission that he does not own any part of the concrete drive according to his survey. 16 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Mr. Bond clarified that he believes Mr. Long is relating that his concrete driveway is not on his property. Commissioner Knight stated that would not be a matter for the Planning Commission. Chairman Stroud noted that to be further evidence that the property should have been properly subdivided from the beginning. In response to a question posed by Commissioner Traylor, City Engineer Whisker stated that he is requiring a turn-around from the petitioner who is preliminary platting, the Johnson property. Mr. Bond stated that he was hoping to solve the issue of access tonight and return next month with a plat of the Johnson property. City Engineer Whisker stated that he believes Commissioner Gray's concern is that the access runs to the end of the property and it is preferred that the access stop short 100'. Mr. Long stated that there is enough room at the wood line to provide for a culdesac. City Attorney Bamburg clarified that the matter before the Planning Commission is the dedication of an easement, which allows any of the residents along Red Fox Lane (a private road) to have access to their property. Mr. Bond stated that it could be taken to the courthouse and recorded as an easement, which would not have to be approved by the Planning Commission. He stated that it was brought before the Planning Commission in an effort to obtain direction regarding the plat for the Johnson property. He stated that he feels City Engineer Whisker has offered the concept of platting the property and providing a turn-around for existing City services. Commissioner Knight suggested that the 3-acres be platted as one lot. Mr. John Johnson stated that if platting the property as one lot would allow his parents to begin building that concept would be acceptable. He stated that as for now his parents only have plans to build one house, adding that he is not sure regarding future plans. 17 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 12, 2005 7:00 P.M. -8:50 P.M. Commissioner Gray moved, seconded by Commissioner Herbold that the easement stop 100' short of the west property line. MOTION CARRIED. Commissioner Gray pointed out that during the plat presentation a turn-around would be the property consideration. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:50p.m. Respectfully submitted, 18