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2006JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): a. b. c. d. 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT AGENDA JANUARY 9, 2006 7:00P.M. Nominations for 2006 Planning Commission Chairman Vice-Chairman Two volunteers to serve on the Board of Adjustment Regular Planning Commission Meeting December 12, 2005 PRELIMINARY PLAT: O'Reilly Automotive Addition, Lot 1 Petitioner: O'Reilly Auto Parts PRELIMINARY PLAT: Valley Ridge Estates Petitioner: IV Pards Representative: Thomas Engineering removed from agenda FINAL PLAT: Eastview PH VI B Petitioner: Chad Ellison Representative: Bond Engineering removed from agenda FINAL PLAT: Base Meadows PH 1B Petitioner: Greg Heslep Representative: Marlar Engineering SITE PLAN: O'Reilly Auto Parts Store North First Street Petitioner: O'Reilly Auto Parts ADDITION TO AGENDA: #6 Red Fox Lane OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2006 7:00 P.M. -7:26 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on January 9, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Emma Knight, Bart Gray Jr., 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 (0). One seat is open. Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Alderman Stroud, Public Works Director Jim Oakley and press. NOMINATIONS FOR 2006 OFFICERS: Commissioner Keaton moved, seconded by Commissioner Traylor to nominate Mark Stroud as Planning Commission Chairman for 2006. MOTION CARRIED. Commissioner Gray moved, seconded by Commissioner Knight to nominate Mike Traylor as Planning Commission Vice Chairman and Board of Adjustment Chairman for 2006. MOTION CARRIED. Commissioner Gray and Commissioner Keaton volunteered to serve on the Board of Adjustment as members serving from the Planning Commission. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Gray that the minutes of the 12 December 2005 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT 0' Reilly Automotive Addition, Lot 1 /901 North First Street Mr. Paxton Singleton with Global Surveying Consultants related that he would be representative for petitioner O'Reilly Auto Parts. He stated that O'Reilly Auto leased the property and had been informed that they would need to plat the property regarding construction of a new O'Reilly Auto Parts Store. He related that the property is located at 901 North First Street next to the First Electric Cooperative building and consists of a .701-acre tract. He stated that the utilities would connect approximately 1,000' down on North First Street and would be shown on the site plan for later review on the agenda. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2006 7:00 P.M. -7:26 P.M. City Engineer Whisker reminded the Commission that the project had appeared before the Planning Commission previously as a conditional use for 0' Reilly's Auto Parts. He noted that the utili ties would have to be extended to the north, adding that both utilities are in acceptance of the submitted plan. In response to a question from Commissioner Gray regarding the 25' front yard setback, City Engineer Whisker stated that the property is in a C-1 zone with a conditional use for C-3. He stated that to his knowledge the property would carry the setback requirements of C-1 unless otherwise requested in the C-3 conditional use request. Commissioner Keaton moved, seconded by Commissioner Evans to approve the Preliminary Plat of the O'Reilly's Automotive Addition, Lot 1 at 901 North First Street as submitted. MOTION CARRIED. b. PRELIMINARY PLAT Valley Ridge Estates Withdrawn from agenda per petitioner. c. FINAL PLAT Eastview PH VI-B Withdrawn from agenda per petitioner. d. FINAL PLAT Base Meadows PH 1-B Mr. David Jones of Marlar Engineering related that Phase I was originally comprised of Phase 1-A and 1-B. He stated that the petitioner has posted a bond with the City Engineer for the asphalt and sidewalks and noted that weather permitting the asphalt work would begin this week. City Engineer Whisker stated that Mr. Simpson from the Water Department informed him that the water samples results are expected within the next couple of days, but did not feel that the project should be held up. Chairman Stroud noted that the Wastewater Department has approved this phase for construction. Commissioner Knight moved, seconded by Commissioner Herbold to approve the Final Plat of Base Meadows PH 1-B, stipulating the return of Bac-T water test for the Water Department. In response to a question from Commissioner Traylor, City Engineer Whisker stated that it is common for lots in a culdesac to carry a 25' front yard setback. 2 At this time, MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2006 7:00 P.M. -7:26 P.M. BUILDING PERMITS: SITE PLAN O'Reilly Auto Parts Store Mr. Paul Anderson related that the utility extension for water and sewer has been approved by those Departments. He noted that the only remaining item is the hydraulic placement for the waterline, which will be sent out tomorrow. He related that the Department of Transportation has reviewed and approved the access plan pending acceptance by the Jacksonville Planning Commission regarding the driveway connection. In response to a question posed by Chairman Stroud, Mr. Anderson answered that the dumpster is screened on all sides with a fence. City Engineer Whisker requested that approval be contingent upon completion of the final plat before a C. 0. is issued for the building. In response to a question from Commissioner Gray regarding the method of water retention, City Engineer Whisker related that instead of having an above ground pond, the developer is planning to install pipes under ground. Commissioner Knight moved, seconded by Commissioner Evans to approve the site plan contingent upon the completion of the Final Plat and approval by the Planning Commission and City Council prior to the issuance of a C.O. MOTION CARRIED. GENERAL: ADDITION TO AGENDA: Discussion regarding #6 Red Fox Lane Discussion ensued regarding the status of the item from the previous Planning Commission meeting and City Attorney Bamburg clarified that the item was not tabled at the previous meeting, but added that if action should be taken, the item would require a motion to be place on the agenda. Chairman Stroud stated that the item would be heard as an informational item only. Mr. Ben Rice informed that Commission that neither him nor his clients were at the previous meeting and were under the impression that the item had been tabled. He added that it was his further understanding that the Commission had requested a one-lot subdivision, explaining that a one-lot subdivision has 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 9, 2006 7:00 P.M. -7:26 P.M. been prepared. He stated that his clients are proposing to submit a one-lot subdivision for approval, adding that the subdivision does show the easement for the road stopping 100' short of the west property line and a turn-around drive for the garbage and trash trucks. He related that his clients only want to build a house and are requesting a building permit to do so, adding that they are willing to meet any reasonable requirements. He continued that it was their understanding that what is being submitted would be acceptable. Chairman Stroud stated that any final plat would follow a sketch and preliminary plat that has already been reviewed and approved by the Planning Commission. He stated that the proper channel for plat submittal would need to be observed for the Planning Commission to be able to act on the subdivision. City Engineer Whisker stated that to his understanding their were concerns that there was no platting of the property at the first meeting and thus some sort of platting of the property needed to happen in order for the Johnsons' to build a house. He stated that he believed the general consensus of the Commission at the following meeting was that the Johnsons' needed to 1) show an easement to their property from Northeastern that stopped short 100' of the west boundary line, 2) provide a turn-around for garbage and fire trucks, 3) provide a fire hydrant that the Water Department said they would be willing to install, and 4) to final plat the property. Chairman Stroud advised that the proper channels be followed to achieve final plat approval from the Planning Commission. He then explained that the Planning Commission would entertain the preliminary and final plat during the same meeting. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:26p.m. Respectfully submitted, 4 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA FEBRUARY 13, 2006 7:00P.M. PRESENTATION: Service Plaque for Commissioner Susan Dollar 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting January 9, 2005 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE a. Rezoning of vacant property in the 2400 Blk. of West Main Street Petitioner: Lloyd Friedman b. Conditional Use for having vending machines located outside of a dwelling Petitioner: Earnest White PLAT(S): a. PRELIMINARY PLAT: Valley Ridge Estates Petitioner: IV Pards 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Representative: Thomas Engineering removed from agenda last month b. FINAL PLAT: Clover Ridge Subdivision Phase Ill Petitioner: Brian Boroughs Representative: Bond Engineering c. REVISED PRELIMINARY PLAT: a. Dupree Park Addition Petitioner: Jim Reed & Byron McKimmey Representative: Clayton Engineering SITE PLAN: Dupree Park Addition Petitioner: Jim Reed & Byron McKimmey Representative: Clayton Engineering b. SITE PLAN: 213 Marshall Road Petitioner: Fishnet Missions/Dewey Sims OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on February 13, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. SERVICE AWARD PRESENTATION: Chairman Stroud recognized former Commissioner Susan Dollar with a service plaque for her years as a volunteer Planning Commissioner, citing her ardor for sidewalk planning while serving on the Commission. He noted her tenure with Metroplan and her planning efforts for the region. Mrs. Susan Dollar expressed her appreciation and pleasure in serving the Jacksonville Community. Chairman Stroud then welcomed former Planning Commission Chairman Art Brannen back onto the Commission to that vacancy. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Glen Keaton, Mike Traylor, John Herbold and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Alderman Stroud, Lloyd Friedman, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Herbold that the minutes of the 9 January 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. Rezoning of vacant property in the 2400 BLK of West Main Street Chairman Stroud opened the public hearing at approximately 7:03 p.m. Petitioner Mr. Lloyd Friedman related that a request by Pathfinder to donate 30' of his property on Main Street is the reason that he is requesting a rezoning so he can be assured of the setbacks regarding the property. He noted that the property is zoned M-2, which he stated 30 years ago was the flavor of the area. He then related that the development in the area has turned more toward commercial than industrial. He stated that both he and the adjacent business have been asked to donate 30' of property for the construction of a street to a Pathfinder Daycare facility. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. With no one else to speak to the issue, Chairman Stroud closed the public hearing at approximately 7:05p.m. City Engineer Whisker noted that the Land Use plan donates the property for manufacturing, adding that he had spoken with Mr. Friedman about the possibility of obtaining a conditional use for the property followed by a possible rezoning as more of the property coming up from the east becomes commercial. Commissioner Gray requested clarification regarding the process of changing the Land Use Plan in granting a rezoning. City Attorney Bamburg clarified that the ordinance to rezone would also address modifying the Land Use Plan. Commissioner Gray pointed out that under an M-2 zoning there are provisions for C-4 conditional use, he then voiced his concerns for changing the zoning of the property prior to modifications being determined regarding the Land Use Plan. Chairman Stroud concurred, saying that if the Commission determines that part of Main Street lends itself more to commercial development, the Land Use Plan should be modified prior to a rezoning request. Chairman Stroud then asked Mr. Friedman if he is opposed to being considered for a conditional use instead of a rezoning, Mr. Friedman related that his reason for requesting the rezoning was to assure what setbacks would apply prior to donating property. Chairman Stroud asked City Engineer Whisker to clarify issues regarding setbacks and the possibility of granting a conditional use. City Engineer Whisker stated that the setbacks for the actual zoning of the property would apply unless during the granting of a conditional use the setbacks were requested to be otherwise. Mr. Friedman stated that he was trying to requesting a commercial rezoning, which setbacks from an M-2 zoning. simplify the matter by would carry different Chairman Stroud noted a prior rezoning to commercial for Mr. Friedman, which has remained vacant. Mr. Friedman stated that the best development for that property has not presented itself yet. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. In response to a question from Chairman Stroud, Mr. Friedman stated that if he donates the property to Pathfinders without the rezoning and a street is built, it would change the setbacks given the new street. He stated that he would have to adhere to the M-2 setbacks. He stated that in donating the property he would like to be assured of what setbacks the property would carry, noting that after donating the property his setbacks for M-2 would begin another 30' in. Commissioner Traylor questioned the manufacturing zoning perimeters to the east of the proposed property, City Engineer Whisker replied that the manufacturing area runs from Erica's Attic on Main Street going west almost to Shady Lane and encompassing Redmond Road on both sides. Mr. Friedman then answered Commissioner Traylor, property abuts Pathfinders on the north side. Commissioner Herbold questioned, with the because of the 30' donation, if there is industrial that could be fit on the lot. lot size any type that his decreased of heavy Mr. Friedman stated that it could possibly still be used as industrial, adding that given the new development along Main Street and the abundance of industrial property on Redmond Road and off Marshall Road, it would not seem likely that this property would be used for industrial. He added that it would be cost prohibitive to use this property as industrial. Commissioner Gray noted that the area may develop in a mixed-use commercial/industrial fashion, pointing out that C-4 is a conditional use of M-2. He pointed out that allowing a conditional use would grant the petitioner his assurances and allow the Planning Commission to begin consideration regarding the Land Use Plan for the entire area. Commissioner Gray moved, seconded by Commissioner Herbold to approve a conditional use of C-4 with C-4 setbacks on the proposed property. MOTION CARRIED. b. Conditional Use regarding vending machines located 46 Georgeann Drive Chairman Stroud opened the public hearing at approximately 7: 22 p.m. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. Mr. Scott Scholl of Rice & Adams stated that he would be representing Mr. Earnest White of 46 Georgeann Drive. He explained that Mr. White has two vending machines outside his residence, adding that Mr. White was cited by the City Engineer for having a commercial use in a residential area. He presented the Commission with a 73-signature petition and a letter from the adjacent neighbor stating that they have no objection to Mr. White having the vending machines and the letter stated they actually appreciate the convenience. He then explained that the vending machines are setback from the road and do not present an "eye-sore" to the neighborhood. He stated that the vending machines keep small children from having to cross busy streets to purchase snacks. Mrs. Ann Manry of 1304 Captain Cove related that her mother lives around the corner from Mr. White and baby sits her children, explaining the convenience for her mother to walk the children around the corner on the sidewalk to provide snacks instead of having to take the children down Military Road, which is a busy street with no sidewalks. She expressed the difficulty for her mother, who does not have a car, to walk four children down Military Road. She stated that the vending machines are not visible from the street and the area is kept neat. She stated her support for the request. Mr. Joseph Gilbert of 41 George ann Drive stated that he lives directly across the street from Mr. White, saying that the property is always kept clean. He stated that the vending machines are very convenient to the neighborhood, adding that his own children get their snacks from across the street. He stated that the machines are not visible from his property across the street, adding that there is never any mess or wrappers because of the machines. Mr. Curtis Green of 43 Georgeann Drive stated his support and use of the vending machines, adding that the area is always kept clean. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:27p.m. City Engineer Whisker stated that while the vending machines do provide a convenience, it is considered a business. He related that Mr. White has a business license with the City of Jacksonville, adding that the business license is for the house, 4 f I I I j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. which is allowed if the business does not create traffic, or stock merchandise at the house, no more than two people are in the business and the house is used mainly as a residence. He stated that Mr. White does most of those things with the exception of keeping stock at the house and having the coke machines out front. He stated that vending machines are not allowed to be used in this manner. He stated that the property is not zoned for this activity and the property is not in a commercial area so it could not be rezoned to commercial. Commissioner Herbold questioned if the request is an authorized conditional use. City Engineer Whisker stated that it would have to be specifically created to fit this request, explaining that the conditional uses listed do not fit this request. City Attorney Bamburg stated that any approval would have to be contingent upon the City Council amending the Ordinance to allow this activity as a conditional use in R-0. In response to a question posed by Commissioner Keaton, Mr. White explained that the City brought the issue to his attention. He then explained that when he applied for his privilege tax to operate a business he informed the City of his activities and was granted a license. He stated that this year he received a letter on the 12th or 13th of January regarding the machines. He stated that this year the privilege tax license included stipulations that had not been a part of the license before this year. In response to a question posed by Chairman Stroud, Mr. Scholl read from the privilege tax "this license does not authorize a business to operate in conflict with the laws of the City of Jacksonville, inclusive of zoning regulations for the State of Arkansas, and must be posted in a conspicuous place at the business location. This license is not transferable in respect to location, business classification or ownership. Change in location, classification or ownership will necessitate a new license". Mr. White explained that for the past two years he had operated the machines at his house before the wording change on the privilege tax. Chairman Stroud explained that City's zoning requirement, and mentioned on the privilege tax. 5 this did business not fit does it not fit the before being CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. Mr. White stated that the first letter he received from the City was regarding abandoned cars. City Engineer Whisker clarified that there were an additional four machines sitting on the lot, explaining that the letter actually goes into detail referencing blight and/or trash and non-working machines. He stated that part of the complaint was the number of machines he was working on at the residence. In response to a question from Chairman Stroud, City Engineer Whisker stated that he approves a beginning business license but does not participate in the renewal process and could not address the changing of the wording on the privilege tax. He stated that the Finance Department would have been responsible for changing the wording on the license. He then clarified that the requirements as read would have applied previously to being stated on the privilege license. Mr. Scholl concurred, restating that Mr. White is trying to seek a conditional use, pointing out that the neighborhood is in support of the request. He stated with due respect that he does not feel that vending machines would pop up all over the City in residential areas. Discussion ensued regarding standard in regard to the good of the neighborhood and the community. zoning practices and waivers residents of a particular In response to a question from Commissioner Brannen, Mr. White replied that the machines have been on the property for three years, adding that he has photographs that show that the children cannot get to the store unless they travel Military Road. Chairman Stroud pointed out that commercial zones are designated because the City wants to direct traffic to areas where it is acceptable for there to be large amounts of traffic. He stated that there could be repercussions for allowing commercial activity in a residential neighborhood. He stated that the nature of residential is quiet. Mr. Scholl stated that Mr. White feels that even though, technically, the vending machines are a commercial enterprise, the quiet nature of the neighborhood is still preserved because there are not a lot of cars involved but rather a few neighbors that come occasionally to use the vending machines. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. Mr. White then answered that his privilege tax is issued to White Family Vending Company for the placement of vending machines at various locations. Commissioner Brannen moved, seconded by Commissioner Traylor to deny the request to operate vending machines outside the residence of 46 Georgeann Drive. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Valley Ridge Estates Chairman Stroud noted that the plat was removed from the January agenda to allow the developer an opportunity to have a County review of the project. Mr. Basil Shoptaw of Thomas Engineering related that the area is approximately 27 acres off Hatcher Road. He stated that the Subdivision consists of 20 tracts over an acre in size, adding that there would be no driveway access onto Hatcher Road. City Engineer Whisker stated that the Subdivision has through County review and was approved as presented, adding the Subdivision was approved without sidewalks at the Sketch stage. been that Plat Chairman Stroud questioned if the developer would be willing to include sidewalks. Mr. Shoptaw stated that Hatcher Road does not lend itself to that type of improvement in a piece meal fashion. He then answered that he believes Hatcher Road would remain a rural street for a good many years. Commissioner Traylor moved, seconded by Commissioner Gray to approve the Preliminary Plat of Valley Ridge Estates as submitted. MOTION CARRIED. Chairman Stroud informed the Planning Commission that there is a committee currently working on extending sidewalk requirements outside the City limits. b. FINAL PLAT Clover Ridge Subdivision PH III Mr. Tommy Bond related that the property is a small tract of land that is being proposed as four single-family lots. He stated that the drainage and sanitary sewer easements have been established, adding that he believes Mr. Boroughs has completed all requests from City Engineer Whisker. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. City Engineer Whisker concurred. In response to a question from Chairman Stroud, Mr. Bond related that the property had been rezoned from single-family for duplexes and is now being proposed for single-family development again. Commissioner Herbold moved, seconded by Commissioner Evans to approve the Final Plat of the Clover Ridge Subdivision PH III as submitted. MOTION CARRIED. c. REVISED PRELIMINARY PLAT Dupree Park Addition Petitioner Jim Reed related that since the last meeting with the Planning Commission, he has received the Parks and Recreation's approval for the project. He stated that City Attorney Bamburg is working with the Parks and Recreation Commission regarding the legal paperwork. He stated that the Water and Sewer Departments have given their approval. He then related that in meeting with Mayor Swaim it was suggested that Mr. Reed give the City 60' of easement without having to develop the road. He agreed to those requirements. He went on to say that he believes he and his engineers have satisfied all needs by the City. City Engineer Whisker requested that the 60' proposed easement be recorded as a right-of-way. He requested that the road be built up to lot 1, adding that if the lot is split to the south the road would have to be extended down the right-of-way. In response to a question from Chairman Stroud, City Engineer Whisker stated that it is his understanding that the utilities will be in the right-of-way. Mr. Michael Clayton clarified that there would be a waterline from around the edge of the 35' easement going into the ball field on the park property corning up to Lot 1. He then added that the sewer line is already established on the southern end of the property. City Engineer Whisker answered that electricity to the property is on the south side of the property in an existing easement. It was noted that there is a major sewer outfall that crosses the back portion of the property that will need to be clearly denoted on the final plat. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. Discussion ensued regarding several possibilities surrounding future development and the 60' right-of-way road that would be adjacent to the commercial development. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the revised preliminary plat of the Dupree Park Addition, stipulating that the wording of "proposed 60' easement" be changed to reflect a "60' right-of-way" and have a notation regarding the sanitary sewer easement that crosses the property and any other easements or utilities on the final plat. MOTION CARRIED. BUILDING PERMITS: a. SITE PLAN Dupree Park Addition Mr. Michael Clayton stated that the site plan calls for a small building of 40' X 70' that will face the culdesac and a new road that will be constructed around the Park property. He related that the go-cart track area would be built up with on-site dirt. He stated that they have met with the Fire Marshall and have approval to run a 6" water main parallel to the road. He stated that the plans are to relocate one fire hydrant and install two additional hydrants. He stated that there is an existing sewer outfall that will only require running a 4" service line to the manhole. City Engineer Whisker stated that in concept there is an agreement and understanding regarding the building permit plans which are forthcoming. He stated that the only other item would be that the plans meet with landscaping requirements. It was agreed that overflow parking would be in a graveled area. In response to a question posed by Chairman Stroud, Mr. Reed related that any improvements to the rear overflow parking area would be a later benefit to the City. He then answered that he does not believe there will be much of a demand for extra parking. He then noted that for every 200' of development he is required to have 1 parking spot, adding that he is planning to put in more spaces than the minimum requirement. He stated that there is an estimated 20 to 25 parking spaces, which well exceeds City requirements. In response to a question from Commissioner Gray, City Attorney Bamburg clarified that the City does not carry any safety liability concerns regarding the safety issues of the development and design. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. -8:05 P.M. Mr. Reed stated that the State of Arkansas requires through OSHA for him to carry 1 million dollars in liability insurance, adding that the development would be inspected twice annually. He stated that he has a document issued by OSHA, which states that he has run this type of business for twelve years without incident or liability. Chairman Stroud suggested additional paving be added to the front parking area for additional spaces rather than have extra parking to the rear of the development. Mr. Clayton stated that if the area discussed were used it could provide as much as five additional parking spaces. City Engineer Whisker stated that the City would want to maintain control of the right-of-way. City Attorney Bamburg concurred with City Engineer Whisker that the City would not allow private enterprise on City right-of-way. In response to a question from Commissioner Herbold, Mr. Reed replied that there should not be a problem providing for landscaping measures at the site. Commissioner Gray moved, seconded approve the site plan as submitted. b. SITE PLAN 213 Marshall Road Petitioner was not present. by Commissioner MOTION CARRIED. Brannen to Commissioner Brannen moved, seconded by Commissioner Traylor to table the building permit for 213 Marshall Road to the March regularly scheduled meeting. MOTION CARRIED. GENERAL: Chairman Stroud asked that the Commissioners consider projections for the Land Use Plan regarding West Main Street and the type of houses for the area leading up to Base Meadows. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:05 p.m. Respectfully submitted, 10 JACKSONVILLE PLANNING COMMISSION AGENDA MARCH 13, 2006 7:00 P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): a . Regular Planning Commission Meeting February 13, 2006 Conditional Use R-3 in C-1 zone for vacant property at the corner of Military and Loop Road Petitioner: Mohammad Lone b. Landscaping waiver 5. REQUEST TO APPROVE PLAT(S): a. b. 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT 116 Marshall Road Petitioner: Waffle House FINAL PLAT: Bevcook Addition 1013 Casey Street Petitioner: Jim Walter Homes FINAL PLAT: Lot 1 CenturyTel Addition Petitioner: CenturyTel Representative: Global Surveying SITE PLAN: 213 Marshall Road Petitioner: Fishnet Missions/Dewey Sims OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 13, 2006 7:14 P.M. -7:44 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on March 13, 2006. Chairman Stroud opened the meeting at approximately 7:14 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Art Brannen, Emma Knight, 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 (8), ABSENT (1). Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, various petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Keaton that the minutes of the 13 February 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. Conditional Use of R-3 in C-1 zone for vacant property at the corner of Military and Loop Roads Chairman Stroud opened the public hearing at approximately 7:15 p.m. Mr. James Reid stated that he is acting as representative for owner Mr. Mohammad Lone, adding that the prospective buyer and architectural firm are also present in the audience. He noted that the architectural firm is the same firm that constructed the JacksonviJlA towers in the 1970's. With no one else to speak, Chairman Stroud closed the public hearing at approximately 7:18 p.m. City Engineer Whisker related that the property consists of approximately 7 acres and is located at the northeast corner of Military and Loop Roads. He noted the longer portion of the property is adjacent to the sidewalk that leads into the Murrell Taylor Elementary School and the east portion leads to Mr. Harden's trailer park behind the property. He stated that the property is long and not very deep in a triangular shape. In response to a question posed by Commissioner Keaton, City Engineer Whisker answered that the longer portion of the property is along Loop Road and that water and sewer are located next to the property and on the other side of the road. He stated that there are currently two established sewer easements by prescription through the property. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 13, 2006 7:14 P.M. -7:44 P.M. Commissioner Knight moved, seconded by Commissioner McCleary to approve the conditional use as requested with Commissioner Gray abstaining from the vote. MOTION CARRIED. b. Landscaping waiver at 116 Marshall Road for Waffle House Chairman Stroud opened the public hearing at approximately 7:19 p.m. Mr. Ryan Peterson of Waffle House, Inc. related that Waffle House has been a part of the Jacksonville Community for slightly over thirty years. He noted that repair work has been done over the years and now they are proposing an extensive remodel. He stated that the remodeling process would evoke the landscaping ordinance, explaining that the site is very small at only . 36 acres. He stated that currently there is only 112 square feet along Marshall Road that is available for landscaping, which is less than 1% of the entire site that is in a pervious landscaping area. He related their desire for site and landscaping improvements during the remodel but explained the need not to lose parking spaces. He related that currently the site has 28 parking spaces, which will already be cut by one parking space to accommodate a walk-in cooler at the rear of the building. He stated that the restaurant features seating for 42 customers and that there are approximately 5 to 7 employees, which leaves them short regarding parking spaces. He noted that a typical Waffle House has 35 to 40 parking spaces, adding that the Jacksonville Waffle House performs above Corporate average. He demonstrated that the proposed site plan offers additional landscaping and a landscaping strip along Dawkins Drive. He added that the proposed plan reserves over 14% of the site for landscaping, which is over 20 times the landscaping areas that were shown before. He explained that they are seeking relief from the interior landscaping requirements given consideration for their need of parking spaces. With no one else to speak, Chairman Stroud closed the public hearing at approximately 7:25p.m. City Engineer Whisker concurred with Mr. Peterson's assessment of the site. In response to a question posed by Commissioner Keaton, Mr. Peterson answered that the dumpster screen would remain in its current location with the addition of swing out gates in the front, and would be painted to match the building. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 13, 2006 7:14 P.M. -7:44 P.M. Commissioner Herbold noted that the proposed plan exceeds the required 8% of exterior landscaping, adding that if the petitioner were required to install interior landscaping it would interfere with that portion of the building that provides a covered handicap access. He voiced his support of the proposed landscaping site plan. Commissioner Herbold moved, seconded by Commissioner Keaton to grant the waiver for the proposed landscaping plan regarding remodeling plans for the Waffle House located at 116 Marshall Road. In response to a question posed by Chairman Stroud, it was noted that the sidewalk ends on the opposite side of Dawkins Drive. Chairman Stroud pointed out that the motion does not include provisions regarding sidewalk requirements. Commissioner Gray noted that when improvements were approved for the service station adjacent to Waffle House they were not required to provide sidewalks because the property is paved up to the street. Following a brief discussion, City Engineer Whisker clarified that all sidewalk construction is designated for public rights- of-way. Chairman Stroud pointed out the possibility of a sidewalk from t.hP. r:11rh t.o the gAR At.F.It.i on F.IA a continuation of the sidewalk leading from Chili's Restaurant. Discussion ensued and it was clarified by City Attorney Bamburg that the motion to waiver as it stands would not relieve the petitioner of sidewalk requirements along Marshall Road. City Engineer Whisker stated that he did not believe there would be sidewalk requirements for Dawkins Drive. Following further discussion Commissioner Herbold amended his motion to include that sidewalks as Code required be stipulated as part of the improvements to the property. Commissioner Keaton seconded and the MOTION CARRIED. REQUEST TO APPROVE PLATS: a. FINAL PLAT Bevcook Addition at 1013 Casey Street 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 13, 2006 7:14 P.M. -7:44 P.M. Ms. Josett Taft of Jim Walter's Homes related that she would be representing the petitioner, Ms. Beverly Cook. She stated that the plat is a replat of a metes and bounds described property into a two-lot subdivision at 1013 Casey Street. She added that both water and sewer have approved the plat. City Engineer Whisker related that the property is an older metes and bounds described property, explaining that the owner is proposing to live in the existing house while building another house on the property and then demolish the first house when the new house is completed. Commissioner Brannen moved, seconded by Commissioner Herbold to approve the Final Plat of the Bevcook Addition as submitted. MOTION CARRIED. b. FINAL PLAT Lot 1 CenturyTel Addition Mr. Paxton Singleton of Global Consultants stated that he would be representing CenturyTel. He related that during the planning stages for a large addition to the CenturyTel property, it was suggested by City Engineer Whisker that the property be platted. He related that the property consists of approximately 8.28 acres and all utili ties are existing. He noted that the property is being platted in order to provide 15' of right-of-way on Main Street for possible future expansion to Main Street. He added that the sidewalk improvements are being bonded so the City can construct and place the sidewalks as they prefer. He stated that no easements were discovered during a title search. City Engineer Whisker clarified that a bond for the sidewalks is to ensure that the developer will build the sidewalks to City specifications. He then concurred with the remainder of Mr. Singleton's assessment of the final plat. In response to a question posed by Commissioner Keaton, City Engineer Whisker related that the utili ties are located to the front of the property and Mr. Singleton answered that there are easements shown in the Subdivision to the north of the property as required with a preliminary plat. He noted that the building expansion would still be within the proper setbacks. In response to a question posed by Commissioner Herbold, City Engineer Whisker related that regarding a metes and bounds property the developer must either seek permission for a building permit or plat the property as a final plat in order to build on the property. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 13, 2006 7:14 P.M. -7:44 P.M. Commissioner Keaton asked that Mr. Singleton note the need to change from "certificate of preliminary platn to "certificate of final platn on the plat presented. In response to a question posed by Commissioner Herbold, City Engineer Whisker responded that the expansion will not affect the parking, adding that the proposed expansion will almost double the size of the building. Mr. Singleton noted that part of the parking may be reworked but only to help make a better traffic flow within the parking lot. He added that there are approximately 150 parking spaces to the rear of the building. Commissioner Knight questioned if the expansion would change the number of employees or the current operations for CenturyTel. Mr. Singleton stated that he was not able to answer what the consequences of the expansion would be. City Engineer Whisker stated that it is his understanding that additional employees would be added at the location. Commissioner Knight moved, approve the Final Plat of submitted. MOTION CARRIED. seconded Lot 1, by Commissioner Gray CenturyTel Addition BUILDING PERMITS: a. SITE PLAN 213 Marshall Road to as Mr. Dewey Sims founder of Fishnet Missions related that the Mission has been located in Jacksonville for approximately 4 years and was established for the purpose of helping people. He stated that they currently have 7,727 families in their on-site computer. He related the need for additional space, explaining that he is proposing to construct a 40' X 70' metal building. He then related that the canopy located on the existing building would be removed and replaced with a metal canopy that matches the building. He added that there are also plans to plant trees between this property and the adjacent car wash. He stated that the property has existing utilities. City Engineer Whisker related the need for additional parking at the site, explaining he has not yet received building plans that would be reviewed by the Fire Marshal and himself. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 13, 2006 7:14 P.M. -7:44 P.M. Commissioner Knight moved, seconded by Commissioner Gray to approve the building permit contingent upon approval by the City Engineer and Fire Marshal regarding the site plan. MOTION CARRIED. GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:44p.m. Respectfully submitted, 6 JACKSONVILLE PLANNING COMMISSION AGENDA APRIL 10, 2006 7:00P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): a. b. c. 5. REQUEST TO APPROVE PLAT(S): a. Regular Planning Commission Meeting March 13, 2006 REZONING of Graham Settlement from Commercial to R-1 Petitioner: Dana Nixon Representative: Bond Engineering REZONING of Foxwood Estates from R-7 to R-0 & R-1 Petitioner: Jack Wilson Representative: Bond Engineering REZONING of 517 Gregory Street from R-0 to R-3 Petitioner: Joe Douglass FINAL PLAT: Eastview PH VI-B Petitioner: Chad Ellison b. RE-APPROVAL OF PRELIMINARY PLAT: 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT F oxwood Estates Petitioner: Jack Wilson Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. -7:42 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on April 10, 2006. Chairman Stroud opened the meeting at approximately 7:05 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Glen Keaton, Mike Traylor, and John Herbold answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, various petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold that the minutes of the 13 March 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. Commercial to R-1 REZONING of Graham Settlement from Chairman Stroud opened the public hearing at approximately 7: 06 p.m. Representative Mr. Tommy Bond stated that the rezoning is being presented as directed previously by the Planning Commission to have the property rezoned to residential from commercial to accommodate the development of the single-family housing subdivision of Graham Settlement. With no one else to speak, Chairman Stroud closed the public hearing at approximately 7:08 p.m. City Engineer Whisker related that the rezoning is part of the Planning Commission's directives that plats would not be considered until properly zoned for proposing development. He noted that the next plat to be reviewed would be the same type of circumstance. Commissioner Brannen moved, seconded by Commissioner Herbold to recommend to the City Council the rezoning of property known as Graham Settlement from commercial to R-1 as requested. Commissioner Gray suggested that the Land Use Map amendment be addressed prior to addressing the rezoning. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. -7:42 P.M. City Attorney Bamburg clarified that any recommendation to the City Council for rezoning automatically includes the modification to the Land Use Plan to match the rezoning. At this time, MOTION CARRIED. b. REZONING of Foxwood Estates from R-7 to R-0 Chairman Stroud opened the public hearing at approximately 7:09 p.m. Representative Mr. Tommy Bond reiterated the Commission's desire to have the property rezoned, explaining that the property was rezoned to R-4 and is now being requested to be rezoned to R-0. He added that a small area to corner of Loop Road and the railroad tracks would be left commercial. With no one else to speak, Chairman Stroud closed the public hearing at approximately 7:12p.m. City Engineer Whisker corrected that previously the property was rezoned to R-7, adding that submittal of that rezoning will accommodate the property development proposal regarding previous plat submittal. Commissioner Gray moved, seconded by Commissioner Herbold to recommend to the City Council the rezoning of property known as Foxwood Estates from R-7 to R-0. MOTION CARRIED. c. REZONING of 517 Gregory Street from R-0 to R-3 Item was withdrawn from the agenda by the petitioner. Petitioner had expressed interest in having the i tern resubmitted for the regularly scheduled May meeting. REQUEST TO APPROVE PLATS: a. FINAL PLAT Eastview PH VI-B Developer Mr. Chad Ellison stated that he is requesting approval for the final plat. City Engineer Whisker related that water and sewer have been approved. He reminded the Commission that the Subdivision was originally started in 1984, when approximately half the project was completed but then stopped. He added that the next quarter of the Subdivision was then built approximately three years ago, adding that the final plat will finish out Gina Circle behind Whit Davis Lumber Company. He stated that the only items lacking are the back filing of the curbs and a manhole that needs to be 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. -7:42 P.M. topped in. He related that the sidewalks already exists internal in the Subdivision, noting that Mr. Ellison area stated that he had put rock in the area where there will be driveways, which the City does not object to. He then related that the Bill of assurance had a few i terns that were given to Mr. Bond dealing with the original bill of assurance regarding zero-lotline duplexes and the paragraph three listing the value of homes as being $19,000. Mr. Ellison then answered that the proposed development would be for duplexes. Commissioner Gray moved, seconded by Commissioner Herbold to recommend approval of the Final Plat of the Eastview PH VI-B to the City Council contingent upon changes as addressed by City Engineer Whisker. MOTION CARRIED. b. RE-APPROVAL PRELIMINARY PLAT Foxwood Estates Representative Mr. Bond stated that City Engineer Whisker had pointed out that Code requires that the final plat be filed within a year of approval of the preliminary plat or it could be filed with a bond for uncompleted improvements. He requested renewal of the preliminary plat approval, adding that he surmises that the project would be completed by next fall. City Engineer Whisker related that Foxwood Estates consists of nineteen 5-acre lots and the outside City limits of Jacksonville located south of the railroad tracks and east of Loop Road. Further explaining that the property backs up to the property that was taken out of the City limits. City Engineer then clarified that there are no changes from the previously approved preliminary plat. Mr. Bond offered that from the commercial area to the entrance area would be a standard City street with sidewalk, curb and gutter. He then added that within the development beyond the gate the street would be a private road, privately maintained. He related that only the water line within the development is not privately maintained. He stated that there is an improvement district to maintain the streets, sewer system, storm drainage. It was clarified that the property is located within the City limits. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. -7:42 P.M. In response to a question from Commissioner Herbold, Mr. Bond related that the smaller attached lots designated with an "F" is property located in the flood plain but would always be transferred with the same numbered lot adjacent. He further explained that the home would be constructed on the larger lot with the smaller lot would transfer as one Tract with the larger one without the homeowner being subject to flood insurance. Commissioner Brannen moved, seconded by Commissioner Keaton to re-approve the Preliminary Plat of as submitted. MOTION CARRIED. ADDITION TO AGENDA: c. Haskins Subdivision Chairman Stroud explained that the item would require a setback waiver with advertising considerations along with the replat, which would prevent the Commission from being able to take formal action at this meeting. Mr. Bond stated that the property has a sale pending between John Haskins and Mike Hanner, adding that Mr. Hanner is purchasing the property for an upscale commercial development featuring at least one national franchise. He noted that the before the purchase can be completed an easement closed by the City in 2004 will need to be recorded. He then further explained that Mr. Hanner purchased lot 1 of the Rebsamen Medical Subdivision, which has a bill of assurance that prohibits any development outside of a medical facility. He stated that in order to construct a commercial venture on Lot 1; the Hospital Board will have to draft an amendment to the original bill of assurance. He related that along with the signatures of the Hospital Board and Mr. Haskins there would have to be one more signature from one of the property owners. He then explained that the Haskins property is zoned C-2 with a 25' setback and the Rebsamen property is zoned C-3 with a 50' setback, which makes it difficult to line up a commercial development on the properties. He stated that to rectify that difference the bill of assurance would have to be amended and the Board of Adjustment would need to grant a variance. He added additionally there is another 10' easement recorded on Lot 1 that has to be closed so the proposed buyer can build. He continued that the first step was to query the Planning Commission if a final plat could be recorded based on all other conditions being corrected. He then explained that the reason for the rush is that Mr. Haskins is leaving the Country and the pending sale has to close by April 23rd. He asked, if all other things are corrected, that they be able to record the replat. 4 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. -7:42 P.M. Discussion ensued regarding factors of Mr. Haskins departure from the Country and his pending return. City Engineer Whisker offered for discussion purposes that at the time of the final plat the City is requesting sidewalks along Marshall Road and John Harden Drive. Discussion ensued regarding the exact boundaries of the property and Mr. Bond offered that another condition is that the Hospital Board agrees to allow the buyer to relocate the Hospital billboard. Chairman Stroud commented on the complexity of the situation, adding that Board of Adjustment Chairman Traylor would have to be consulted regarding a special set meeting to grant a waiver. City Attorney Bamburg clarified that the publication requirement cannot be waived by the Planning Commission or the Board of Adjustment, explaining that the publication must be in the paper at least 7 days prior to the meeting. Mr. Bond reiterated that he is asking the Planning Commission to approve the i tern subject to all outstanding conditions, explaining that any one condition not being met would cause the deal to fall apart. He then noted that the item would also have to go before the City Council for their approval. Chairman Stroud question if all stipulations could be resolved prior to the May meeting. Mr. Bond reminded the Commission that with Mr. Haskins leaving the Country, it has to be handled prior to April 23. Further discussion ensued and Chairman Stroud asked for input from each of the Commissioners. Commissioner Brannen expressed apprehension action for tonight's meeting, explaining that his information at 5:00p.m. today. regarding formal he only received City Attorney Bamburg advised that if there were going to be discussion among the members it would require a motion to place the item on the agenda. Commissioner Gray moved, seconded by Commissioner Traylor to suspend the rules and place the Haskins Subdivision on the agenda for discussion. MOTION CARRIED with Art Brannen voting NAY. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 2006 7:05 P.M. -7:42 P.M. Commissioner Gray offered to make himself available for special meetings if the majority of outstanding conditions become favorable to proceed in order to do what is best for the community, if all other Commissioners agree. Commissioner Brannen stated that would also be willing to meet if the petitioner can satisfy the outstanding issues. Commissioner Keaton agreed. Commissioner and Chairman Traylor offered his availability and that of the Board of Adjustment. Commissioner Herbold agreed if all legal issues are addressed. It was the consensus of the Commission to hold a special meeting as soon as advertising would allow. BUILDING PERMITS: GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:42 p.m. Respectfully submitted, 6 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 SPECIAL A G E N D A APRIL 24, 2006 7:00P.M. REPLAT: Lot 1 Rebsamen Medical Subdivision to Lot 2 Haskins Commercial Addition Petitioner: Mr. John Haskins CITY OF JACKSONVILLE, ARKANSAS SPECIAL REGULAR PLANNING COMMISSION MEETING APRIL 24, 2006 6:25 P.M. -6:45 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Special Session on April 24, 2006. Chairman Stroud opened the meeting at approximately 6:25 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Art Glen Keaton, Kevin McCleary, Evans answered ROLL CALL. CALL and declared a quorum. Brannen, Emma Knight, Bart Gray Jr., Mike Traylor, John Herbold and Tom Chairman Stroud also answered ROLL PRESENT (9), ABSENT (0). Others present for the meeting were City Engineer Whisker, Tommy Bond, and press. REPLAT of Lot 1 Rebsamen Medical Subdivision to Lot 2 Haskins Commercial Subdivision Representative Mr. Tommy Bond thanked the Commission for making themselves available for the special meeting. He stated that he feels this is important to the economic issues for Jacksonville. He explained that the Board of Adjustment has granted a 25' setback waiver on Lot 1 of the Rebsamen Medical Subdivision. He stated that issues for the Hospital Board are being handled, adding that copies of the proposed amendment to the bill of assurance have been provided. He related that there has been no negative feedback thus far, explaining other issues for the Hospital Board do not have any bearing for the Planning Commission. He related that the issues before the Hospital Board are the relocation of the billboard to the corner of Lot 1, and Mr. Hanner is trying to purchase Lot 2 of the Rebsamen Medical Subdivision. He noted that if Mr. Hanner is successful in purposing Lot 2 he will be able to add an additional 10,000 square feet to the 30,000 square foot commercial development. City Engineer Whisker Lot 2 of Haskins Commercial Subdivision is the property left from the development of the New China Restaurant property, combined with Lot 1 of what is the Rebsamen Medical Subdivision. He stated that utilities are on site, adding that he would request a bond for the sidewalks. He added that any approval motion would need to be contingent upon the Hospital Board approving its portion before going to City Council. In response to a question posed by Commissioner Herbold, City Engineer Whisker clarified that sidewalks would be required for both Marshall Road and John Harden Drive. CITY OF JACKSONVILLE, ARKANSAS SPECIAL REGULAR PLANNING COMMISSION MEETING APRIL 24, 2006 6:25 P.M. -6:45 P.M. Commissioner Gray moved, seconded by McCleary to approve the replat of Lot 1 Rebsamen Medical Subdivision to Lot 2 Haskins Commercial Addition with appropriate bonding for sidewalks and approval of the new bill of assurance by the Hospital Board and abandonment of a 10' easement on Lot 1. MOTION CARRIED. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 6:45 p.m. Respectfully submitted, 2 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA MAY 8, 2006 7:00P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting April 10, 2006 Special Planning Commission Meeting April 24, 2006 2005 Annual Report (submitted last month) 4. PUBLIC HEARING(S): a. REZONING of 517 Gregory Street from R-0 to R-3 Petitioner: Joe Douglass 5. REQUEST TO APPROVE PLAT(S): a. SKETCH PLAT: Hidden Meadows Petitioner: Tim McClurg Representative: Bond Engineering 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. RE-APPROVAL OF PRELIMINARY PLAT: Reed 's Heights Subdivision Petitioner: Roger Hosman Representative: Bond Engineering c. FINAL PLAT: Graham Settlement Petitioner: Dana Nixon Representative: Bond Engineering d. FINAL PLAT: Northlake Subdivision PH-XI Petitioner: Tommy Dupree Representative: Bond Engineering e. REVISED PRELIMINARY PLAT: Lost Creek Subdivision Petitioner: Don Bowman Representative: R&K Services OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on May 8, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Art Brannen, Emma Knight, Bart Gray Jr., Glen Keaton, Kevin McCleary, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Tommy Bond, Tommy Dupree, Alderman Gary Fletcher, various petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner McCleary that the minutes of the 10 April 2006 Regular Planning Commission meeting, the minutes of the 24 April 2006 Special Planning Commission and the 2005 Annual Planning Commission Report be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of 517 Gregory Street from R-0 to R-3 Chairman Stroud opened the public hearing at approximately 7:02 p.m. Property owner, Mr. Joe Douglass of 6933 Waterview Place in Sherwood stated that he is requesting the rezoning the property located at 517 Gregory Street. He offered photographs to the Commission of properties recently constructed in Little Rock and North Little Rock as examples of the type of construction he proposes for the site at 517 Gregory Street. He offered that the photographs are indicative of the type of quality construction he chooses for his projects. He offered a brief history of the property, explaining that when he purchased the property in 1983 two of the houses on the property were occupied. He related that the property had not been properly maintained, which he attempted to correct. He related that in 1993 he was denied a request to rezone the property, so he continued to rent the houses located on the property. He stated that the homes are in bad condition so he chose not to rent the houses in hopes that the property would be deemed desirable for commercial development. He stated that there has not been any interest in commercial development, so he is asking the Commission to rezone the property so that he could develop four-plex units. He stated that each unit would be CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. approximately 11,000 square feet, adding that the footprint of the proposed development including one covered parking space per unit would occupy approximately 2 8% of the property. He noted that the Jacksonville Municipal Code allows for 50%. He stated that he feels the rezoning would create a nice buffer between the existing commercial property and the R-1 property. He added that approximately ~ of the bordering property is commercial and the back of the property borders two duplexes. He explained that only a small 10' corner of the property touches R-1 property. He related that he had visited with neighbors on Johnson Street, saying that everyone, except one person who was worried about the traffic, was in favor of seeing the old houses torn down. He added that a few of the residents did not even want to see the houses fixed and re-rented. He clarified that the request would be for four buildings with covered parking. He stated that the property is much larger than it appears, at almost an acre. Mrs. Pam Hall of 1808 N. Bailey stated that she has been a resident of that address for 27 years, adding that her daughter plans to build a home across the street from the proposed property. She stated that she is very much against the rezoning; adding that she feels the area should be left family friendly. She related that she does not see how sixteen apartments could fit onto the property. She stated that when she moved to the neighborhood, the property in front of her house was suppose to left as a green area. She explained that a storage hut was build for the Sizzler Restaurant, which they did not object to, but now there is also a baseball warehouse that has been constructed, which causes a constant thumping noise. She stated that if the proposed construction causes a problem for the neighborhood, they would not be able to do anything about it. She stated that she would like to see the area left as a family area, adding that with the school there does not need to be any further congestion. Chairman Stroud clarified that the baseball facility is a commercial venture and the proposed rezoning is an R-0 to an R-3, which is strictly residential. He added that the proposed development is not a commercial enterprise. With no one else to speak for or against the rezoning, Chairman Stroud closed the public hearing at approximately 7:11 p.m. City Engineer Whisker related that the area behind Shoney's was rezoned to C-3 in the 1980's with this area being R-0. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. In response to a question posed by Commissioner Keaton, City Engineer Whisker stated that the Code requires 1~ parking spaces per unit. It was resolved that the proposed development would have one covered parking space and one uncovered space per unit, meeting Code requirement. Commissioner Gray noted that the photographs only depict the design inspiration, questioning if the Planning Commission would have an opportunity to see the complete construction plans if the property is rezoned. City Engineer Whisker stated that if the land were unplatted as it is now, any site design would have to be presented to the Planning Commission. He than advised that if the land is later platted into lots then a building permit would be issued from his office as long as setback requirements were met. City Engineer Whisker concurred with Chairman Gray that if the property is rezoned but left unplatted the Commission would see a site plan but if the property were platted the Commission would then be able to review the bill of assurance. Commissioner Gray stated that the property currently detracts from the neighborhood, adding that the inspiration design would be very attractive to the neighborhood and community. He supported action that would allow for the destruction of the existing houses and added that he feels an R-3 zoning would be appropriate and beneficial. Commissioner Gray moved, seconded by Commissioner Brannen to recommend to the City Council the rezoning of 517 Gregory Street to R-3 as requested. Commissioner Brannen asked if the design would be the same as was submitted in the photographs. Mr. Douglass stated that he would not want to say that it is identical but is close to what he has in mind, something with a common entry through the front door. He stated that the building might have wider space windows, adding that the photographs are not to scale. He reiterated that there would be a common entry, adding that he feels it could be worked out where two of the units could be entered from the covered parking. He concluded by saying that his plans are similar to the photographs. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. Chairman Stroud noted that all the photographs had buildings with brick fa~ade, questioning if the inference is that Mr. Douglass is committing to brick on the exterior for a more upscale development. Mr. Douglass stated that the development would be upscale, adding that it would be safe to say that the exterior would be brick or dryvi t. He stated that the design would not have vinyl siding, but that he would prefer the hardy backer type siding. Chairman Stroud asked Mr. Douglass to reassure the Commission that the quality of construction he intends to use will be comparable to the photographs submitted for review. Mr. Douglass stated that the purpose of the photographs was to show the Commission the type of work he has done, adding the he likes quality, and that he feels it would be safe to say the construction would feature at least a brick front. He stated that if he is going to commit himself to eight or nine hundred thousand dollars it is going to have to be attractive in order for him to have renters at the rent he plans to charge. Chairman Stroud asked Mrs. Hall if what is being presented would be satisfactory being a residential not a commercial venture. Mrs. Hall responded that she does not feel that the neighborhood needs all the units being proposed. In response to a Engineer Whisker development. question posed by Commissioner Brannen, stated that sidewalks are required for At this time, MOTION CARRIED. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Hidden Meadows City the Item representative Mr. Tommy Bond stated that the property consists of a 40-acre tract, adding that he believes the only issue of concern is a street connection to the north of the property for the future use. He stated that following further discussions he believes most of the issues have now been worked out with the exception of a street connection on the lower southwest section, noting concerns for the steep grade in the southwest corner of the property. He related that the 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. development fits the surrounding development of Northlake Subdivision. He added that the lots are being proposed to transition from the smaller lots in some areas of Northlake into larger lots that are typically 90' X 120' . He related that this would warrant larger homes. Commissioner Brannen questions if lots 29 and 30 would carry the "F" designation reserved for flood plain lots. Mr. Bond agreed that the lots are located in the flood plain but added that the developer intends to have the lots removed from the flood plain. He stated that he did not believe it would be an issue for City Engineer Whisker because this area is at the upper end of the flood plain. City Engineer Whisker demonstrated on the plat the location of Gravel Ridge and the Linwood Subdivision. He explained that Linwood Street goes up to Jacksonville Cut-Off Road with Elwood, Creekwood, and Lakewood leading off and dead-ending adjacent to the proposed Subdivision. He related that Elwood is planned to continue and connect and that he believes the developer has agreed to connect Creekwood into Timberwolf. He then related that Lakewood Street at the bottom (southwest corner) would line up with the new street Laura, adding that the developer plans to excavate the hill and move that dirt to the lots on the north end to bring them out of the flood plain, and leave Lakewood to dead end as it does now. He added that the street named Lindsay would continue straight to the north for future extension out to the Jacksonville Cut-Off. He then explained the location of the Bayou Meto to the planned StoneRidge park area, pointing out that all properties are beginning to connect in the western area. He noted that Jacksonville Water Utility and Jacksonville Sewer would serve the Subdivision and the developer has agreed to annex into the City. He then noted that with the new connector streets if old West Main floods, there would be an alternate route to Jacksonville Cut-Off without having to go through Sherwood. Commissioner Brannen moved, seconded by Commissioner Knight to approve the Sketch Plat of Hidden Meadows Subdivision with streets connecting as approved by City Engineer Whisker and lots being removed from the flood plain. MOTION CARRIED. b. RE-APPROVAL of PRELIMINARY PLAT Reed's Heights Subdivision Item representative Mr. Bond updated the Commission regarding negotiations for the construction of Loop Road through the Water 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. Department property. He explained that as of last Friday the Water Department has agreed to donate the necessary property for that construction. He stated that the developer is willing to construct the entire road; in return, the Water Department will be donating the corner triangular piece of property to the Subdivision. City Engineer Whisker stated that the 3-acre and 7-acre piece of properties would require a final plat. He added that he believes all parties are in agreement, noting that the only outstanding i tern is the requirement of sidewalks along Loop Road where the houses back up to Loop Road. He clarified that Mr. Hosman would be constructing Loop Road extension from Military into Southeastern and the City will donate a 3-acre piece of property that would no longer be used by the Water Department. He noted that the property being donated is of less value than the road being constructed. He noted that the Master Sewer Plan is being updated to go all the way east to the County line and beyond, which will work in everyone's benefit. Mr. Bond related that the only issue with the Sewer Department has been an easement, explaining that he is still trying to get the Sewer Department to build the sewer slightly further to the south, stating that he feels that would better serve future extension. He added that the developer has agreed to grant an easement across his property to the next property to the east, as requested by the Sewer Department. He then related that the Sewer Department would cover the cost difference between an 8" pipe proposed by the developer and a 12" desired by the Sewer Department. He noted that this type of negotiation is common with a number of subdivisions in Jacksonville. In response related that to a lots been eliminated. question posed by Chairman Stroud, Mr. Bond previously impacted by the flood plain have City Engineer Whisker noted that lots in the flood plain would not be developed until the County or the developer conducts a study that is approved by FEMA. Mr. Bond explained that the study is currently underway. City Engineer Whisker stated that his understanding is that the results from FEMA have been delayed because of efforts ongoing with Hurricane Katrina. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. Commissioner Keaton moved, seconded by Commissioner Evans to re- approve the Preliminary Plat of Reed's Heights Subdivision as submitted. MOTION CARRIED. c. FINAL PLAT Graham Settlement Item representative Mr. Bond noted minor changes, explaining that the City has agreed that lots 37 & 38 would be modified so that the corner becomes a street right-of-way. He stated the weather has not permitted paving, adding that the developer would be submitting a bond payable to the City for $60,000 to cover the cost of paving, a drainage swell, and rebuilding of sidewalks. City Engineer Whisker agreed that a $60,000 bond would cover the cost of incomplete improvements. He explained extenuating circumstances regarding a previous erroneous bond submission, adding that he has every confidence that a corrected bond will be resubmitted first thing in the morning. He asked that the Commission make that a stipulating regarding any plat approval at this time as well as a bond for the internal sidewalks. In response to a Engineer Whisker approved. question posed by stated that both Commissioner Keaton, water and sewer have City been Commissioner Gray moved, seconded by Commissioner Keaton to recommend to the City Council the approval of the final plat of the Graham Settlement as presented, stipulating acceptable bonding for incomplete improvements. MOTION CARRIED. d. FINAL PLAT Northlake Subdivision PH XI Item representative Mr. Bond provided the revised plat, explaining that the direction changed regarding lot 439. He stated that the water and sewer have been transmitted to those Commission with a of the house was as built plans for Departments. City Engineer Whisker related that a crossing and concrete swell have been bonded for as well as sidewalks. He added that the Water and Sewer Departments have approved the plans. Chairman Stroud noted problems regarding fence construction and corner lots. Commissioner Knight moved, seconded by Commissioner Evans to recommend as revised the approval of the Final Plat of Northlake Subdivision PH XI to the City Council as submitted. MOTION CARRIED. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. e. REVISED PRELIMINARY PLAT Lost Creek Subdivision Item representative Duane Reel and developer Paul Fulmer related that the request is to eliminate one connecting street in the Lost Creek Subdivision that would go to the east. He noted that a street was added as requested by the Planning Commission during the preliminary plat submittal, adding that the street was changed but the right-of-way to the south end was not removed. He explained that because of the close proximity to two other streets converging on the area leading to General Samuels it is not felt that the street would be utilized. He added that removing the street easement would make it easier for the Lost Creek developers as well as the property developer to the east, to keep the street away from the intersection on General Samuels Road. He related that there is only approximately 150' to the intersection. He then noted that the developer is willing to build the street around lot 8 or 9 as previously requested by the Planning Commission. City Engineer Whisker recounted that at the earlier meeting he had requested that the road be moved up, adding that it was Commissioner Dollar who suggested that another road be added to the center, which was how it was stated and passed in the motion. Commissioner Knight supported the request, number of lots on the east side it is request. saying that given the not an unreasonable In response to a question posed by Commissioner Brannen, City Engineer Whisker answered that the Fire Department would not have a problem regarding access on Lost Creek Drive. Commissioner Knight moved, seconded by Commissioner Gray to approve the Revised Preliminary Plat of Lost Creek Subdivision as submitted. In response to a question posed by Commissioner Brannen, City Engineer Whisker acknowledged that lots 18 through 32 border the creek, but are not in the flood plain. He clarified that the creek leads to the Base lake, and in order for the Base lake to keep its designation as a low hazard lake, a study was conducted through the Corp. of Engineers that said if the damn were to break the flood area would be as delineated on the plat. He stated that the delineation is to remain so that the Base damn retains its low hazard certification. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 8, 2006 7:05 P.M. -7:51 P.M. Chairman Stroud noted that with prior plat approval those lots were granted the 25' setback. At this time, MOTION CARRIED with Commissioner Keaton abstaining. BUILDING PERMITS: GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:51p.m. Respectfully submitted, 9 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: JUNE 12, 2006 7:00P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting May 8, 2006 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT a. REZONING of property on Main Street adjacent to Western Hills Subdivision from R-0 to R-3 Petitioner: Tim McClurg Represented by Bond Engineering b. REZONING of Lots 1 & 2 JBJ Subdivision from R-6 to R-1 Petitioner: Jerry Johnson c. CONDITIONAL USE for MIXED USE 1 00 South First Street a. Petitioner: Jay O'Neal FINAL PLAT: Base Meadows Subdivision PH II Petitioner: Greg Heslep Represented by Marlar Engineering Removed from agenda by petitioner b. FINAL PLAT: O'Reilly Automotive Addition Lot 1 Petitioner: O'Reilly Automotive Parts c. PRELIMINARY PLAT: Pleasant Valley a. b. c. Estates formally submitted as Hidden Meadows Petitioner: Tim McClurg Represented by Bond Engineering 213 Marshall Road Petitioner: Fishnet Missions/Dewey Sims 520 Marshall Road Petitioner: Jacksonville Baptist Temple Corner of Sharp and School Drive Jacksonville Middle School Practice Facility Represented by Bond Engineering Resolution opposing annexation of certain real property within Jacksonville's territorial planning jurisdiction and within the AICUZ area into the City of Sherwood OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on June 12, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners Art Brannen, Emma Knight, Bart Gray Jr., Kevin McCleary, Mike Traylor, and John Herbold answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Tommy Bond, Alderman Howard, Alderman Stroud, Alderman Fletcher various petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner McCleary that the minutes of the 8 May 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of property on Main Street adjacent to Western Hills Subdivision from R-0 to R-3 Chairman Stroud opened the public hearing at approximately 7:01 p.m. Representative Mr. Tommy Bond presented a color rendering of the project for the Commission to review. He pointed out that the City adopted a plan to relocate Main Street going west. He added that the property consists of a total of 26 acres and the owner is requesting that 20 acres be rezoned. He noted that part of the property is located in the flood plain and another portion is on a ridge. He stated that the property lies immediately west of the Western Hills Subdivision on the west side of Main Street. In response to a question posed by Chairman Stroud, Mr. Bond explained that approximately 12 to 15 acres is out of the flood plain and the developer is proposing to fill 4 or 5 acres of the 20-acre rezoning request. He added that there are no plans for the westerly 6 acres. He noted that a recent newspaper article featured the same artist rendering of the development. He then stated that the developer is proposing a density of 20 units per acre, pointing out that City ordinance allows 2000 square feet for each unit. He stated that based on 20 acres that would be 435 units at maximum density. He stated that the development calls for upscale luxury apartments, renting between $700.00 and $1200.00 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. monthly. He added that the apartments would vary between one to three bedroom units and have 2 parking spaces, noting that the City ordinance requires 1.5 parking spaces per unit. Chairman Stroud asked opposition to present, adding that a petition of opposition with 200 plus signatures was submitted for the record. Mr. Bill Smith of 2512 North Ridge Drive stated that his house backs up to the proposed area, adding that he is very familiar with the area. He related that he does not believe that there is even 3 acres that is not located within the flood plain. He added that he does not feel there is enough property to establish 20 units per acre. He related that he studied the area topography map and that the area of 12 acres previously mentioned that is above the flood plain does not exist. He explained that he walks the area daily, and when the recent sewer line was constructed, manholes were established 5' above the ground. He added that during the recent rains 4 out of 5 manholes were under water. He stated that he does not feel there is any way for apartments to be constructed in that area. He then related that when he purchased his lot in Western Hills, he was told by Capps and Peacock that the property could not be built on because it was in the flood plain. He stated that any development of the property would cause major problems, imploring the Commission to visit the property. He said, concerning the proposed straightening of Main Street, that for 10 years the City has tried to get the Sucka family to sell their land. He noted that the Sucka family has lived on the land for 50 plus years. He then stated that he knows that the City is going to condemn the land in order to straighten out Main Street, which he feels is wrong. He added that there is land available to the north and south of Jacksonville that could be used for apartment development. Mr. Lucian Shockey of 3711 Christy Lane related that the master plan depicts the land as R-0, explaining that the property has been R-0 through the development of Western Hills, Spring Valley, Bushwood and Fair Oaks. He questioned if there had been an environmental impact study regarding the concentration of housing in the area concerning the wetlands, adding that it is customary that a study be performed when development is proposed that close to a wetlands. He then issued his concerns for the traffic, saying that 20 units are equivalent to the traffic that would be coming from Bushwood. He added that there is not an intersection in Jacksonville with as high an accident rate as the S curve on Main Street. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. He then stated that the continued extension of Main Street could only happen if the adjoining property owner were to open the property for the road. He said that he did not get to sign the petition, but is very much against the rezoning. He stated that the area is already congested and has additional traffic from the subdivisions located to the back gate of the Air Force Base. He added that if the 440 is completed there would be additionally increased traffic on Main Street. Mr. Ed Gilbert of 19 Edgewater Court stated that he would hope that the Commission would consider the issue of property values. He related that the prospect of loosing property value has to be somebody' s responsibility and that the Planning Commission is suppose to represent the property owners. He then raised the question of the area schools, saying that the area is already growing tremendously and the schools are filled to capacity. He stated that while the Commission does not have any control over the schools, they do have control over the increased population due to over development that would directly impact the schools. Chairman Stroud assured Mr. Gilbert that the Planning Commission's first and foremost thought is to serve the citizens. He then asked for rebuttal. Mr. Bond stated that the area inside the existing sewer lines as shown on the map is approximately 15 acres, adding that even if 3 acres were discounted, there would still be 12 acres above the flood plain. He then addressed the concern of over crowding in the schools, saying that the schools in Jacksonville are experiencing a decline in enrollment. He stated that there has been discussion to combine North Pulaski and Jacksonville, turning North Pulaski into a middle school and have just Jacksonville High School. He stated that the proposed plan would eliminate the double S curves on Main Street, which would reduce current traffic problems. Alderman Fletcher stated that he is not speaking for or against the issue since he has to vote on the issue at City Council. He stated that as a representative of the area, he would like to introduced Mrs. Ruby Sucka; property owner adjacent to the proposed development. He stated that she and her husband would be the most impacted by the development. He added that he 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. would also like to state for the record that there are no plans to condemn property for the road, saying that as long as he has a voice on the City Council, he would work to prevent that from happening. Mrs. Ruby Sucka of 3713 West Main stated that she is opposed to the development of apartments adjacent to her property. She stated that the S curves have been there for years, saying that there are wrecks everywhere in Pulaski County. She said that she did not want the new road behind her house because of the water, adding that the water build up could flood her land and house. She reiterated that she is opposed to the proposed road. Mr. Robbie Robertson related that he has been in the Air Force for 2 9 years and is planning to retire in Jacksonville. He stated that he feels young airmen will live in the apartments, saying that most people who live in apartments are people who can not afford a house and they are transitory. He stated that he has seen this everywhere he has lived, adding that he believes we need apartments in Jacksonville but does not feel they need to be in this area because the property was deemed residential. He related that if the rent were high, two or three airmen would share the apartment, saying that he is familiar with this concept among young airmen. Chairman Stroud stated that it would be against the law for a Planning Commission to accept or deny a rezoning based on demographics, adding that would not be a consideration in the Planning Commission's decision. Chairman Stroud closed the public hearing at approximately 7:30 p.m. City Engineer Whisker stated that the City requires developers to construct their portion of any streets that are a part of the Master Street Plan. He stated that in this case the developer would have to construct the street up to the Sucka' s property. He stated that proper drainage would be designed when the road was constructed to avoid flooding of other properties. He stated that apartments are usually used as buffer zones between commercial and residential or major street separators are used. In response to a question posed by Chairman Stroud, City Engineer Whisker stated that Main Street and Emma Street would be the buffers for the apartments. He added that the Master Street Plan depicts Emma Street as the north/south of West Main in the S 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. curve, continuing south after West Main Street builds out. He reminded the Commission of the Dupree's plan to have the bean field connect. Chairman Stroud stated that 3 sides of the property appear to be R-0. City Engineer Whisker concurred. In response to a question posed by Chairman Stroud, Mr. Bond stated that the apartments would rent between $700.00 to $1200.00 per unit, adding that would be considered upper scale. He said that the buffer would be Emma Street, which is slated to be a four-lane street eventually connecting into the Legacy Development and Main Street. He then pointed out that all the property to the west is heavily into the flood plain and would probably never be developed. Chairman Stroud related that prior and since the construction of the West Interceptor sewer line the area has experience a large amount of R-1 and R-0 growth. He then questioned if an R-3 development in the middle of R-1 would hamper future R-1 growth. Mr. Bond stated that he did not feel that it would, noting that the property to the west would probably never develop, and pointing out that the only other area to see future development is the area designated for the Free Will Baptist Church. Discussion ensued regarding the construction possibilities for apartments in the western part of the City. Chairman Stroud noted that it was many years before the Planning Commission rezoned the property on Gregory Street to R-3, only after knowing that it could not be developed otherwise. He stated that rezoning of the current proposal could possibly be taking R-0 land to R-3 before knowing if it could be developed as R-0. In response to a question posed by Commissioner Brannen, City Engineer Whisker stated that the City has plans to widen Main Street to four lanes from Redmond Road to Harris Road. He then answered that currently the City's Master Plan has called for Graham Road to be widened to four lanes from Loop Road over to Oak Street. He stated that the next step would be to widen the lanes at intersections of Main and Bailey, Main and James with left turn lanes before continuing out west Main. He stated 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. that the plan to widen Graham has been in the works for the past 5 years and is proposed to be on the TIP program for 2008. Commissioner Herbold stated that if 3 sides of the proposed property is zoned R-0 and the forth side will not be developed then the property would be surrounded by R-0, adding that there are areas set aside for developments of this nature. He stated that the Planning Commission has a responsibility to protect the homeowners. He related that through experience he is aware that apartment development in residential can decrease property values. Commissioner Herbold moved, seconded by Commissioner Brannen to deny the request to rezone from R-0 to R-3 as requested. Commissioner Gray stated that he would be voting in favor of the motion because of traffic concerns, adding that west Jacksonville is going to need multi-family accommodations, saying that this location at this time may not be the place. He stated that in the not too distance future it might be right for Jacksonville to have multi-family in western Jacksonville. At this time, MOTION CARRIED . b. REZONING of Lots 1 & 2 JBJ Subdivision from R-6 to R-1 Chairman Stroud opened the public hearing at approximately 7:43 p.m. Mr. Jerry Johnson stated that the lots are located on J.P. Wright Loop Road and are presently zoned for mobile homes, adding that he is requesting that the zoning be changed to R-1 to accommodate construction of 2 site built homes. Chairman Stroud closed the public hearing at approximately 7:44 p.m. City Engineer Whisker noted that both mobile homes and site built homes are in the direct vicinity of the request. He then answered that the square footage of the lots would be 6500. Commissioner Gray moved, seconded by Commissioner Knight to recommend to the City Council the rezoning of Lots 1 and 2 of the JBJ Subdivision from R-6 to R-1 as requested. Chairman Stroud noted a modification on the bill of assurance from mobile home wording to site built. 6 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. At this time, MOTION CARRIED. c. MIXED USE for 100 South First Street Chairman Stroud opened the public hearing at approximately 7:45 p.m. The petitioner or a representative was not present. Chairman Stroud stated that the item of business would be removed from the agenda. It was noted for the record that no one appeared to oppose the request. Chairman Stroud closed the public hearing at approximately 7:46 p.m. REQUEST TO APPROVE PLATS: a. FINAL PLAT Base Meadows PH II Final plat was removed from the agenda per the petitioner. b. FINAL PLAT O'Reilly Automotive Addition, Lot 1 Mr. Kelton Price stated that he would be representing the request for 0' Reilly Automotive Parts. He stated that there are no improvements necessary. City Engineer Whisker related that water and sewer improvements were made to the lot and both have been accepted by those utili ties. He then assured the Commission that the underground retention pond was constructed. Commissioner Gray moved, seconded recommend approval of the Final Addition, Lot 1 to the City Council. by Commissioner Plat of O'Reilly MOTION CARRIED. Herbold to Automotive c. PRELIMINARY PLAT Pleasant Valley Estates formally submitted as Hidden Meadows Mr. Bond related that the property consists of 40 acres subdivided into 114 lots, explaining that phase I is exactly half of those lots and is the property that drains to the south. He stated that the development would connect to the streets in North Lake to the west except for one street. He explained that the steep grade prevented them from being able to connect to a street in the Fears Lake Development. He said that the only issue he is aware of is one concerning a fire hydrant. City Engineer Whisker noted that the Fire Marshall had requested a fire hydrant, adding that the only other concerns were from the Water and Sewer Commissions. He clarified that the Water 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. Department has not determined that the model provided will work and the Sewer Commission is waiting on further verification as to how the development will work regarding the pump stations. He related that both developers are working that out, noting that Mr. Tommy Dupree put in the pump station for North Lake Subdivision. In response to a question posed by Chairman Stroud, Mr. Bond related that in 1999 the main pump station had ample capacity, adding that Mr. Dupree built a second pump station to handle 200 more lots of which he has only used for 30 to 50 new lots. He stated that the proposed developer is working with Mr. Dupree regarding reimbursement for used capacity. He explained that following initial computations, both developers are thus far in agreement. He stated that some of the storm drainage would be handled by Lake Lorene in North Lake and that is also being negotiated with Mr. Dupree. He noted that Lake Lorene is a 50- acre lake. In response to a question posed by Chairman Stroud, Mr. Bond related that the computations regarding the pump station would be based on the costs of construction per lot capacity that would be paid to the Dupree Company and then the Dupree Company would be responsible for further improvements to increase the capacity. He stated that the new development and the lots on line currently would still not be more than the capacity of the two pump stations. He then answered that these arrangements have been forwarded to the Sewer Commission. City Engineer Whisker agreed that any improvements should be based on approval by the Water and Wastewater Departments. In response to a question posed by Chairman Stroud, Mr. Bond related that the new development would tie into 5 existing waterlines in the North Lake Subdivision. He stated that every street on the west side of North Lake has a 6" or 8" line stubbed out, explaining that the new development would have 5 connections to the system. He pointed out that a 1977 study related no problems, adding that a copy of the study was forwarded to the Water Department. He stated that the study consists of water models that show pressure plains and flows. City Engineer Whisker related that North Lake is fed by an 8" line that was studied to be the right size line for the end of the area, adding that this happens to be the end of the area. He continued that once you go directly west of this property you enter CAW water territory. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. Mr. Bond stated that the CAW waterline is along the north boundary of the property and is a 24" waterline that feeds Jacksonville from North Little Rock. He stated that it runs the entire length of the 40 acres. In response to a question posed by Commissioner Brannen, City Engineer Whisker related that lots located in the flood plain would be lots 24 through 29 and 34 through 37, which will be designated on the plat. Mr. Bond pointed out that those lots would be raised out of the flood plain. Commissioner Knight moved, seconded by Commissioner Brannen to approve the Preliminary Plat of Pleasant Valley Estates, stipulating approval from the Water and Wastewater Departments. MOTION CARRIED. In response to comments from Mr. Bond regarding model homes and 25' front yard setbacks, Chairman Stroud stated that until there is an ordinance to provide for those considerations the Commission would not be able to deal with those issues. BUILDING PERMITS: a. 213 Marshall Road Mr. Dewey Sims of Fishnet Missions related that they had previously obtained permission to construct a building adjacent to the existing building, adding that due to the overhead transmission lines they were required to obtain permission from Entergy. He noted that a letter of permission was forwarded to the Commission. He then stated that there are no issues regarding the flood plain and that the canopy is existing. He stated that the Mission has eight thousand families in their database that they serve and need addition space for their operations. City Engineer Whisker related that Fishnet Missions was approved a building permit approximately two months ago, but added that those plans were amended to move the building to the rear of the lot because of the energy lines. He then added that Mr. Sims received approval from Entergy to encroach 4'7" into the easement area and was granted a setback variance from the Board of Adjustment. He then answered that there were no issues regarding the water and sewer lines but added that erosion for the sewer line located along the ditch would be addressed when the building permit was issued. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. Commissioner Knight moved, seconded by Commissioner approve the building permit request for 213 Marshall requested. MOTION CARRIED. b. 520 Marshall Road Gray Road to as Pastor Ted Patterson of Jacksonville Baptist Temple have proposed three-phases for future growth that includes a 20' X 40' building being moved from their former property to 520 Marshall Road, the construction of a 40' X 80' educational wing and plans to construct a gym. He noted that the gym is future construction, and that there is no current timetable for that construction. City Engineer Whisker stated that both utilities wanted to make sure that any improvements were set away from them, adding that utili ties run through this lot to the apartments on the south end. He noted that the sewer is not in the way; but the water seems to be close. He stated that he explained to Pastor Patterson that the building needs to be a minimum of 15' away from the waterline. Discussion ensued as to if the plans as plan would have the building setback 30' line and 55' from the side property line. indicated on the plot from the rear property Chairman Stroud stated that he would like to see the property platted given the lengthy plans for construction improvements. He then noted the addition of an awning to the front of the building, noting that the structure had 9 concrete screws to secure the attachment and one of the heads on the screws is broken off. Pastor Patterson stated that the awning was part of the proposed plans submitted for a building permit. City Engineer Whisker stated that the entire plans were presented to his office, explaining that Pastor Patterson was eager to begin on the awning so parishioners could get in and out of the Church. He related that he allowed for construction of the awning, instructing Pastor Patterson to begin his process to obtain his metes and bounds building permit. He stated that he did permit that part, but added that as far as a building permit, he 1s not sure there was an actual building permit with inspections. He added that he believes there was an actual building permit. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. Chairman Stroud stated that he hopes there was a building permit with inspections because the way it is attached to the front of the building causes him concern. He continued saying that there are two non-treated wood blocks sitting on top of a brick facade and there are concrete screws holding the massive metal structure to the front of the building. Pastor Patterson stated that the inspectors would have to sign off on that once they complete that aspect of it, the concrete work. Chairman Stroud stated that City would be better served if the land was platted and the new proposed structures set on the plat in proper order, in an orderly fashion as is required with everyone. Pastor Patterson stated that their plans are nothing more than what Hope Lutheran had already done and had approved. He stated that the gymnasium is exactly from the one Hope Lutheran had approved when they purchased the building. He stated they are proposing nothing new just moderations. Chairman Stroud reiterated that he is only asking that the property be platted and improvements are placed on the plat. He stated that he would like to see the plans in a more orderly fashion. In response to a question posed by Commissioner Gray, City Engineer Whisker agreed that if the property was platted the Church would not have to come back before the Planning Commission as long as the building construction was connected to the main building and met all setback requirements, and parking requirements. Commissioner Gray related that a request to plat the property would not be an unusual request of petitioners coming before the Planning Commission. City Engineer Whisker noted that the accessory building would require a maximum square footage variance. Commissioner Herbold questioned if accessory building would tie into existing building. 11 the aesthetics the design scheme of of the the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. Pastor Patterson noted that the accessory building would not be seen being placed on the backside of the main building. He stated that the accessory building has vinyl siding, while the Church is brick. Commissioner Knight moved, seconded by Commissioner McCleary to deny the request and ask the petitioner to properly plat the property. MOTION CARRIED. c. Corner of Sharp and School Drive/Jacksonville Middle School Practice Facility Mr. Bond stated that the proposal is to construct a field house for the Middle School, adding that the facility has been a great need for the School. He stated that the current field house is approximately 40 years old, adding that the proposed project has been a community effort. He stated that all monies have been locally donated, explaining that the School owns the property. City Engineer Whisker stated that water and sewer would be from existing facilities, adding that the property is on a metes and bounds area. In response to a question posed by Commissioner Herbold, Mr. Bond related that the building would be on the east end of the practice field. It was noted that the stairs that come from the gym would connect at the side of the building. In response to a question posed by Commissioner Gray, Mr. Mark Perry stated that the Jacksonville Booster Club would own the building and the County would maintain the building but are not contributing to the construction. He then explained that they would have first option to purchase the property if the School District were dissolved or the school property sold. It was noted that the old structure would not be demolished. Commissioner Knight moved, seconded by Commissioner McCleary to approve the request as submitted. MOTION CARRIED. GENERAL: Resolution opposing annexation of certain properties into the City of Sherwood City Engineer Whisker stated that the City of Sherwood is planning a 2,000-acre annexation near the Cato Elementary School area. He stated that the Jacksonville City Council has proposed 12 l J RESOLUTION A RESOLUTION OPPOSING ANNEXATION OF CERTAIN REAL PROPERTY THAT LIES WITHIN THE CITY OF JACKSONVILLE'S TERRITORIAL PLANNING JURISDICTION AND WITHIN THE AICUZ AREA INTO THE CITY OF SHERWOOD, ARKANSAS; AND, FOR OTHER PURPOSES. ---------------------------------------------------------------------------------------- WHEREAS, the City of Jacksonville, Arkansas, by and through the Jacksonville Planning Commission, has territorial planning jurisdiction extending Five (5) miles from the corporate limits. Further, the City has exclusive planning jurisdiction for any real property that falls within the AICUZ area surrounding the Little Rock Air Force Base; and, WHEREAS, certain landowners have filed a petition with the Pulaski County Court to allow annexation of certa in r~al property within the territorial planning jurisdiction, potential service areas for both the Jacksonville Water Department and the Jacksonville Wastewater Utility, and within the AICUZ area of the City of Jacksonville, Arkansas. NOW, THEREFORE, BE IT RESOLVED BY THE JACKSONVILLE PLANNING COMMISSION, THAT: SECTION ONE: The Commission is opposed to the annexation of real property as more particularly reflected on the attached map into the City of Sherwood, Arkansas. Portions of this property lie within the territorial planning jurisdiction of the Jacksonville Planning Commission, within the exclusive planning jurisdiction of the AICUZ zone affecting the Little Rock Air Force Base, and within service areas of the Jacksonville Water and Wastewater Utilities. To allow such is neither productive nor beneficial, for planning jurisdiction to these areas is statutorily and constitutionally appropriate for the Jacksonville Planning Commission. As such, the Jacksonville Planning Commission opposes any proposed annexation of real property that is included within these potential utility service areas, within the AICUZ zone, and that lies within the Jacksonville Planning Commission's territorial planning jurisdiction as more specifically reflected on the attached map. SECTION TWO: The Chair of the Commission and the City Clerk, and/or their authorized representatives, are requested to appear and voice opposition to the proposed annexation at the public hearing to be held on June 20, 2006. Further, it is directed that a certified copy of this Resolution be submitted as evidence at said hearing as an expression of additional opposition to the proposed annexation. RESOLUTION Page Two SECTION THREE: Any and all other Resolutions In conflict herewith are hereby repealed to the extent of said conflict. SECTION FOUR: This Resolution shall be in effect from al')d after its date of passage. APPROVED AND ADOPTED THIS \'2 ~ DAY OF JUNE, 2006. ATIEST: ----~ I 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 12, 2006 7:05 P.M. -8:28 P.M. a resolution opposing annexation of the area that is located to the east of Bayou Meto. He noted that this area also represents the Jacksonville water boundary. He demonstrated on a map the AICUZ zone, adding that it is his understanding that the City of Jacksonville is responsible for that area. City Attorney Bamburg stated that the City of Jacksonville was granted exclusive jurisdiction to address issues under the AICUZ zone for planning purposes. The Planning Commission and City Council under State Statute were granted that authority, explaining that approval of any construction within that zone has to be approved by the Jacksonville Planning Commission. Chairman Stroud related that when the Air Base visited with the Planning Commission one of the issues mentioned was compliance with the AICUZ as a factor during considerations for base closures. Mr. Bond stated that he believes Jacksonville was the only city in the United States that has fully complied with AICUZ regulations. Commissioner Gray moved, seconded by Commissioner Brannen to read the Resolution opposing the annexation of certain properties into the City of Sherwood. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of the Resolution. Commissioner Gray moved, seconded approve the Resolution as presented . by Commissioner MOTION CARRIED. Brannen to ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:28 p.m. Respectfully submitted, 13 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA JULY 10,2006 7:00 P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting June 12, 2006 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT: Lost Creek Subdivision Petitioner: 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. REPLAT: Lots 1 & 2 Rebsamen Medical Subdivision Petitioner: Mike Hanner Represented by Bond Engineering c. SKETCH PLAT: Beacon Hill Subdivision Petitioner: Tim McClurg a. Represented by Bond Engineering 911 Trickey Lane Petitioner: Lonnie Ellis b. 6520 West Main Street Petitioner: Joe R. Oliver CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 10, 2006 7:05 P.M. -7:38 P.M. OPENING REMARKS: The Planning Commission of the City of in Regular Session on July 10, 2006. meeting at approximately 7:00 p.m. those in attendance. Jacksonville, Arkansas met Chairman Stroud opened the expressing appreciation to ROLL CALL: Commissioners Art Brannen, Glen Keaton, Mike Traylor, John Herbold, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were City Engineer Whisker, Tommy Bond, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold that the minutes of the 12 June 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. FINAL PLAT Lost Creek Estates Mr. Philip Keaton of R&K Services related that all requirements for the project have been met. City Engineer Whisker stated that he did not recall lot 17 having a 25' front yard setback, explaining that he was aware of a 25' setback for lots 18 through 32 because of the slope of the lots. He then requested that in the bill of assurance under easements, paragraph six reflect the storm drainage. It was agree that lot 17 would show a 35' setback. City Engineer Whisker stated that all utili ties are completed along with the drainage system, adding that he has received a bond for the sidewalks. Commissioner approve the corrections CARRIED. Brannen moved, seconded by Commissioner Evans to Final Plat of Lost Creek Subdivision, stipulating as mentioned by City Engineer Whisker. MOTION b. REPLAT Lots 1 & 2 Rebsamen Medical Subdivision Mr. Bond related that the owner was able to work out a purchase agreement with the Hospital for the purchase of lot 2, which is included in the replat. He stated that the owner would return CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 10, 2006 7:05 P.M. 7:38 P.M. with a request to rezone lots 1 and 2 to C-4, adding that the Board of Adjustment has already granted a 25' setback. He explained that the rezoning would match what has already been approved. City Engineer Whisker noted that the replat would include sidewalks along John Harden Drive and Marshall Road, adding that the rezoning would continue the continuity for the rest of the property regarding the shopping center. In response to a question posed by Commissioner Herbold, City Engineer Whisker agreed, that the rezoning is not a requirement but would bring all properties into the same area zoning. Mr. Bond noted that the other properties are already zoned C-4. Commissioner Evans moved, seconded by Commissioner Brannen to approve the replat of lots 1 & 2 Rebsamen Medical Subdivision with appropriate placement of sidewalks. MOTION CARRIED. c. SKETCH PLAT Beacon Hill Subdivision Mr. Bond stated that the property came before the Planning Commission one month earlier as a rezoning request, which was denied. He stated that the developer is submitting a new plan providing a combination of 80' single-family lots with townhouses on the far west side of the property. He provided the Commission with a design concept of the proposed townhouses. He noted that the townhouses would have garages, characterizing them as zero lotline houses. He stated that if approved they would return with a rezoning and land use change request. City Engineer Whisker noted that the developer is interested in a 25' building setback, adding that an ordinance amendment would be required to consider setback changes for R-0 and/or R-1. He then added that he feels that City Attorney Bamburg would concur that approval of the sketch plat would have to be with the exception of the area requiring a rezoning. Commissioner Herbold stated that he approves of the concept of potential homebuyers being aware of the zoning chail<:Jt:! p.r ior to purchasing a home. In response to a question posed by Commissioner Herbold, Mr. Bond stated that he feels it would be logical to have the development occur in phases. He noted the developer's interest in gauging the demand for townhouses as the development unfolds. 2 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 10, 2006 7:05 P.M. -7:38 P.M. It was noted and confirmed that the requirement to wait a year before returning with a request to rezone would only apply if the request were for the same zoning that was previously denied. Mr. Bond stated that he would hope that those who had felt strongly adverse to the previous rezoning request would feel more comfortable with this request, noting that the area of townhouses would be substantially insulated from other area developments. Discussion ensued regarding the location of the flood plain areas and the new sewer line development. He then noted that part of the property would require filling adjacent to the sewer line. In response to a question posed by Commissioner Herbold, Mr. Bond stated that he is confident that there is at least 10 to 12 acres that is not in the flood plain, commenting that the property is high, noting a ridge that extends out into the property. Chairman Stroud noted plans to build a retention pond, which would help, to alleviate flooding issues. Commissioner Evans noted areas in Little Rock featuring the same type of development concept with townhouses, commenting that both areas seem to blend well together with the single-family homes. Commissioner Brannen supported the development broken out into phases. concept of having the Chairman Stroud noted that there would not be any options for the Planning Commission to consider a 25' setback until amending legislation were adopted. In response to a question posed by Commissioner Traylor, Mr. Bond stated that the future realignment of Main Street is a request of the City, adding that the development was laid out to fit that request. Chairman Stroud noted that the realignment of Main Street is part of the adopted Land Use Plan. Mr. Bond then clarified that the right-of-way is reserved for that purpose but does not think the street has to be built. City Engineer Whisker noted that the street would have to be built through the development coming to dead ends with directions for West Main Street to curve around until further extension of the street. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 10, 2006 7:05 P.M. -7:38 P.M. Chairman Stroud noted that as development progressed through the area different developers would be asked to develop that portion of the street included in their developments. Commissioner Herbold moved, seconded by Brannen to deny the sketch plat as presented with the recommendation that the development return in phases for the R-0 area and the R-4 area. Mr. Bond clarified that his understanding is that the concept of the development is all right but needed to be fine-tuned. At this time, MOTION CARRIED . BUILDING PERMITS: a. 911 Trickey Petitioner was not present to represent item of business. Commissioner Brannen moved, seconded by Commissioner Herbold to table the item of business. MOTION CARRIED. b. 6520 West Main Street Mr. Joe Oliver of 14 04 West Main stated that he submitted the request on behalf of Carrie Stevens. He stated that after meeting with the Board of Adjustment they are aware of further requirements to help the development. He stated that the proposal is to build an addition onto an existing home. City Engineer Whisker stated that he has a plot plan divided into tracts that was submitted by Mr. Oliver and a copy of what was the original boundaries as profiled by the tax assessor's office. He related that Mrs. Stevens is purchasing the property from another owner, explaining that the current owner has split two parcels into four parcels, noting that the parcel to the rear would not have an access. He explained that he does not have a problem with the addition to the home, adding that he does not believe water or wastewater was concerned either. He stated that he requested that the property be platted prior to the building permit to prevent a parcel not having access to West Main Street. In response to a question posed by Commissioner Brannen, City Engineer Whisker related that the Board of Adjustment granted approval for a 1200 square foot storage shed, stipulating that the property be platted before the building permit for the shed be issued. Discussion ensued regarding a private drive that leads to tract A. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 10, 2006 7:05 P.M. -7:38 P.M. In response to a question posed by Commissioner Traylor, City Engineer Whisker stated that the addition to the house will be 4. 9 feet away from the lot line of tract C, adding that Mrs. Stevens is trying to purchase tract B, making her owner of all four parcels. In response to a question posed by City Engineer Whisker, City Attorney Bamburg stated that until the property is replatted it would not be allowable to approve a building permit that close to the adjacent lot line. It was the consensus of the Commission that the property be replatted. Commissioner Brannen moved, seconded by Commissioner Herbold to table the item pending presentation of a replat of the property. MOTION CARRIED. GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:38p.m. Respectfully submitted, 5 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: AUGUST 14, 2006 7:00 P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting July 10, 2006 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE a. REZONING: Part of the Woodside Subdivision from R-0 to R-4 Petitioner: Mr. Tim McClurg Representative: Bond Engineering b. CONDITIONAL USE for a mixed-use at 1 00 South First Street Petitioner: Mr. Jay O'Neal PLAT(S): a. FINAL PLAT: 520 Marshall Road Petitioner: Jacksonville Baptist Temple Representative: Pastor Ted Patterson 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT b. SKETCH PLAT: Red Fox Subdivision Petitioner: Mr. Wayne Bescannon Representative: Bond Engineering c. PRELIMINARY PLAT: Woodside Subdivision Petitioner: Mr. Tim McClurg Representative: Bond Engineering d. FINAL PLAT: Forest Oaks PH Ill Petitioner: Mr. Jerry Smith Representative: Marlar Engineering e. FINAL PLAT: Base Meadows PH II Petitioner: Mr. Greg Heslep Representative: Marlar Engineering f. FINAL PLAT: Stevens Subdivision Petitioner: Carey Stevens Representative: Bond Engineering a. b. 911 Trickey Lane Petitioner: Mr. Lonnie Ellis 1401-1403 Phillip Drive I Flood plain waiver Petitioner: Thad Gray DISCUSSION: Request from Bond Engineering to change residential setback from 35' to 25' CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. OPENING REMARKS: The Planning Commission of the City of in Regular Session on August 14, 2006. meeting at approximately 7:00 p.m. those in attendance. Jacksonville, Arkansas met Chairman Stroud opened the expressing appreciation to ROLL CALL: Commissioners Art Brannen, 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 (0). One seat is open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Thad Gray, Daniel Gray, David Jones, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold that the minutes of 10 July 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Part of the proposed Woodside Subdivision from R-0 to R-4. Chairman Stroud stated that the request to rezone is being removed from the agenda, citing a mandatory one-year period before a request to rezone the same property can be resubmitted to the Planning Commission. b. CONDITIONAL USE for a mixed-use at 100 South First Street Chairman Stroud opened the public hearing at approximately 7: OS p.m. Mr. Jay O'Neal related that the existing building has been there for at least 70 years, explaining that the building has had many varied uses over the years. He stated that the owner of the building prior to himself had already begun construction to have an upstairs apartment with a downstairs commercial business, adding that he has worked with City Engineer Whisker to bring the building up to Code and is requesting the mixed-use. He related his plans to sell the building, introducing his prospective buyer and explaining that there are plans to make the downstairs area a dance studio and gym. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:07 p.m. City Engineer Whisker noted that the property is still under construction, stating that it would have to be completed prior to allowing a mixed-use occupancy because of fire codes. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. In response to a question posed by Commissioner Knight, City Engineer Whisker related that a mixed-use to his knowledge can involve a C-2 zoning as well as C-1. Commissioner Knight moved, seconded by Commissioner Brannen to approve the Conditional Use as requested for 100 South First Street. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. FINAL PLAT 520 Marshall Road Pastor Ted Patterson of the Jacksonville Baptist Temple Church presented the final plat, explaining that the Church is proposing to build an education wing onto the Church as well as move a portable lJull<.llug f:rom their previou~ location to the location on Marshall Road. City Engineer Whisker noted that the plat submitted should read "Final" plat, requesting that any easements on the property also be shown on the final plat. He stated that the Church has final platted the property as requested but noted that structures need to be shown on the plat before being submitted to the City Council. Commissioner approve the corrections CARRIED. Knight moved, Final Plat as mentioned seconded by Commissioner Herbold to of 520 Marshall Road, stipulating by City Engineer Whisker. MOTION b. SKETCH PLAT Red Fox Subdivision Mr. Bond noted that the property had been before the Commission as a building permit request from Mr. & Mrs. Johnson, explaining that the property had been sold by the Bescanons to the Johnsons but has since been taken back by the Bescanons who are now requesting to plat the property into four lots. City Engineer Whisker stated that the same issues would still apply, pointing out that the road from Northeastern is a private drive. He stated that the largest concern would be an easement right-of-way from Northeastern to the proposed property, a fire hydrant at the corner that meets the six-inch waterline and easements for the utili ties. He stated that the other outstanding question would be the road improvements on Red Fox Lane from Northeastern to the proposed property. He noted that the proposed lots are ~ acre and the surrounding lots range from 1 to 2 acre lots. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. Commissioner Gray concurred that having a right-of-way easement would be good for the protection of the residents, but added that he feels the easement should be a public dedicated easement to accommodate public vehicles such as the garbage trucks needing to gain access. He stated that if the Street is not constructed to City standards, the City would not maintain the Street. Discussion ensued and City Engineer Whisker raised the question of whether the entire Street should be improved to City standards. He related that the existing Red Fox Lane is 10' to 12' wide, reiterating the question, should the road be improved to 27' back of curb to back of curb from Northeastern to the proposed lots or allow the area in front of the proposed lots to be a 12' road. He noted that the plat shows a 27' back to curb with a 100' radius turnaround for fire and police. Mr. Bond stated that economics would not allow for the development of a 27' back to curb road, adding that he feels such a requirement would keep the property from being developed. Chairman Stroud asked the Commission to consider acceptable solutions. City Engineer Whisker stated that he believes required by the Fire Department, saying that necessarily have to be a road but a 20' wide path. a 20' road is it would not Commissioner Gray stated that a 20' wide easement from each of the current property owners should be enough to protect the investment of the new lot owners, adding that street maintenance would be the responsibility of the various property owners. It was clarified that the turnaround and street improvements in front of the proposed lots would be the responsibility of the new development owners. Mr. Bond answered that theoretically the existing property owners would benefit from having the street improved to City standards regarding Fire Department equipment access, but added that he does not believe the property owners are interested in investing for those improvements. He then answered that some of the property owners are not even interested in having the road improved, feeling that it would generate additional traffic. It was noted that the fire hydrant located on the street was removed because it was leaking. Discussion centered on the importance of having a dedicated road and utility easement. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. In response to a question posed by Commissioner Brannen, City Engineer Whisker stated that a fire hydrant would be placed at the corner of the first proposed lot heading east as well as a turnaround at the end of the street for fire and garbage. It was stated that any improvement at this juncture could only help the situation. Commissioner Brannen moved, seconded by Commissioner Knight to approve the Sketch Plat of the Red Fox Subdivision stipulating a 20' road and utility easement. MOTION CARRIED. c. PRELIMINARY PLAT Woodside Subdivision The l Lem of bu~Siness Wil::J withdrawn from the agendA pP.r. the petitioner. Mr. Bond stated that it would not be economically feasible to present the plat without approval of the rezoning. d. FINAL PLAT Forest Oaks PH III Mr. David Jones of Marlar Engineering stated that phase III contains approximately 20 lots, adding that all improvements are in and the as builts have been submitted. City Engineer Whisker related that both the Water and Wastewater Departments have issued letters of approval. Commissioner Keaton noted a correction in the bill of assurance regarding lot 15; Mr. Jones agreed to make the correction. Commissioner Gray moved, seconded by Commissioner Knight to recommend acceptance of the Final Plat of Forest Oaks PH III to the City Council. MOTION CARRIED. e. FINAL PLAT Base Meadows PH II Mr. David Jones of Marlar Engineering stated that Phase II is the third installment of the subdivision, noting that Phase I was actually split into two phases. He related that all improvements are in and the phase has received acceptance by all utilities. City Engineer Whisker concurred; adding that the bill of assurance should mirror that of Phase I. Commissioner Knight moved, seconded by Commissioner Brannen to recommend approval of Base Meadows Phase II to the City Council. MOTION CARRIED. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. f. FINAL PLAT Stevens Subdivision Homeowner Carey Stevens stated that she had appeared before the Planning Commission approximately one month earlier requesting to add-on to the existing home and construct a two-car garage on her property. She stated that as requested she has platted the four separate tracts of land into a one-lot subdivision. City Engineer Whisker concurred; stating that under the new plat all setbacks can easily be met. Commissioner Brannen moved, seconded by Commissioner Herbold to recommend approval of the Final Plat of the Stevens Subdivision to the City Council. MOTION CARRIED. BUILDING PERMITS: a. 911 Trickey Lane Mrs. Allen of 50 Georgeann Drive, stated that she is the sister of petitioner Lonnie Ellis, who is requesting a building permit to build his home at 911 Trickey Lane. City Engineer Whisker related that the property consists of 6 to 7 acres belonging to the family. He stated that he feels it would be reasonable to grant a metes and bounds building permit given the size of the property. He then stated that the plot plan does meet all setbacks. Commissioner Evans moved, seconded by Commissioner Gray to approve a metes and bounds building permit as requested for 911 Trickey Lane. MOTION CARRIED. b. Flood Plain waiver for 1401 -1403 Phillip Drive Mr. Thad Gray related that the duplex suffered an accidental fire in March, explaining that when he applied for a building permit to rebuild the property he learned that the property was located in the flood plain. He stated that the duplex was built in 1973 before the City had adopted the national flood plain. He stated that following a survey he learned that the area flood plain level is 276' and the duplex floor level is 274.66', about 1.34' below the flood level. He related that he was informed of an ordinance that states if a structure is more than 50% damaged by fire in a flood plain area, it would require the entire structure to be demolished and rebuilt to the flood plain level. He explained that because the tax base was less than double the price of the estimated cost of $45,000.00 to remodel the duplex, the City deemed the structure to be more than 50% damaged. He offered photographs for review and noted that since the establishment of the flood plain level the City has made 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. improvements to the total ditch line from Main Street back up to the Oakwood Apartments, which did not exist when the duplexes were built. He stated that practicality and unnecessary funds for repairs should be considered. He then explained that the fire damage was mainly to the front bedroom of the duplex at 1401 Phillip Drive, including smoke damage throughout the unit. He stated that the adjacent unit of 1403 was barely damaged, citing some smoke and water damage, which resulted in the living room ceiling being removed. He related that the unit at 1401 Phillip was cleared of debris before the project came to a standstill over how to proceed. He explained that the insurance company has declined to total the structure, citing that it would cost in exce~~ uf $100,000 to demolish and rebuild the entire otructure, resulting in a mortgage. He noted that 1403 could be repaired easily and put back into commission, adding that until the sheet rock is removed, the structural integrity cannot be determined, explaining that if needed the studs and ceiling joists would be replaced if necessary. He stated that the other option would be to have the structure demolished and hauled away. He restated his request for a waiver in order to repair the duplex. He related that there had not been a serious flooding problem until Marshall Road was widened to four lanes, explaining that then some flooding had occurred to the front of the duplexes, not from behind involving the ditch area. He then noted that side ditches have been put in to help alleviate that flooding problem, he suggested that further improvements to those ditches would further help. In response to a question posed by Commissioner Knight, Mr. Thad Gray answered that following improvements to the ditches 1 the flooding has only occurred strictly on the front side immediately after Marshall Road was widened. He continued that then the side ditches were put in and it very seldom floods 1 adding that the rl i t.r.hE=;~ have to be kept clean. It was noted that the ditch behind the duplex is a concrete block ditch. City Engineer Whisker stated that the duplex was constructed in 1973 and the City joined the flood insurance program in 1978, explaining that there has been three map revisions and another is expected soon. He reiterated that the flood plain ordinance states that anytime a structure is 50% or more of what the structure is worth is involved it is classified as substantial improvement and any time there is substantial improvement the structure is to be brought up to flood plain codes. He stated that the code is 1' above base flood elevation, making the requirement to raise the structure a total of 2.3'. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. In response to a question posed by Commissioner Engineer Whisker stated that County tax records estimating the worth of the structure and repairs. Knight, City are used in In response to a question posed by Chairman Stroud, Mr. Thad Gray reiterated that flooding has only occurred to the front of the duplexes since the widening of Marshall Road, and that the side ditches have helped to alleviate that flooding. He then answered that if the side ditches are not kept cleared flooding can occur to the units, explaining that several years ago the City helped build a dirt berm on one side of the property, adding that the other side is an underground ditch that takes the water back to the main ditch. City Engineer Whisker stated that the ground slopes toward the first three duplexes to the left, 1401 through 1409. Commissioner Knight noted recent heavy rain falls that have caused flooding in areas that usually do not flood, adding that if these duplexes did not substantially flood during those rains she would not see a huge problem with granting a waiver. Chairman Stroud noted as a valid point that the duplexes were constructed in 197 3 and the flood plain was accepted in 1978, adding that it would be distressing to think they might be putting residents in a possible flooding risk. Commissioner Knight moved, seconded by Commissioner Herbold to grant a flood plain waiver to repair the duplexes located at 1401 and 1403 Phillip Drive. In response to a question posed by Commissioner Herbold, Mr. Thad Gray stated that it is estimated that only a quadrant of the roof will have to be rebuilt, adding that until the sheet rock is removed it would be difficult to estimate what would need to be replaced that would be a weight load bearing risk. City Engineer Whisker stated that the flood plain associates, and himself as Chairman of the State Flood Plain Association, would caution that this would not be a good move. He stated that the petitioner has talked about the property flooding from the front even after the side ditches were installed, adding that the biggest flooding problem is the first three duplexes and raising them above flood elevation is the proper way to correct at least one of the duplexes. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. In response to a question posed by Commissioner Brannen, City Engineer Whisker answered that the drive in front of the duplexes is a private drive that leads back into Phillip Drive. He stated that Phillip Drive is curb and gutter until it meets the common drive, explaining that when a tremendous amount of water goes down Phillip Drive it runs into the side ditch and goes back up onto the common drive and then runs down into the duplexes. In response to a question posed by Commissioner Knight regarding the use of a French drain, City Engineer Whisker stated that there are various ways to help the drainage. Commissioner discussion. Knight withdrew tha motion in order to continue Commissioner withdrew his second to the motion. Commissioner Knight asked if alternative options have been discussed. Mr. Thad Gray stated that he would be willing to work with the City to alleviate the area of drainage into the three duplexes. City Engineer Whisker stated that the most talked about idea has been a 4' concrete walk from Phillip Drive to the large ditch in the rear. Mr. Thad Gray noted that there is a 100' Entergy easement through the area, noting that it would involve a third party into the situation. In response to a question posed by Commissioner Knight, City Engineer Whisker stated that options would depend if the area is actually an easement or right-of-way, explaining that if it is a right-of-way it is owned by Entergy. Commissioner Knight questioned if there were other alternatives available. City Engineer Whisker stated that it would come down to who would pay for the improvements. He explained that 3 years ago the City helped clean out the ditch to help with drainage and put in th~ pipe on the south side. He stated that the discussion has been to do more such as a concrete walk. Mr. Daniel Gray stated that he is the property manager, offering that the duplex that floods the most is 1405 not 1401 & 1403, which was the duplex that burned. He stated that the front door 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. of 1405 is level with the ground, adding that 1401 & 1403 is one block up and the flooding problem there is mostly the yard. He stated that there is no water intrusion into the duplex at 1401 & 1403. He stated that 1405 Phillip Drive is the duplex that floods when it rains, adding that they are trying to alleviate that through discussions with the City. He stated that they have someone digging ditches beside the duplexes to alleviate the problem. He stated that the duplex where the waiver is being requested does not flood every time it rains. Chairman Stroud stated that the main issue for the Planning Commission is that the property is located in the flood plain. He stated that other flooding issues are relevant. Commissioner Brannen moved, seconded by Commissioner Knight to table action on the waiver pending a plan to fix the item. It was the consensus to a plan brought back before the Planning Commission. Commissioner Herbold stated that efforts to fix drainage for the other apartments in the area will have to be done whether 1401 & 1403 are rebuilt at a higher level or not. He stated that the water is not coming from being in the flood plain but is a drainage issue. Commissioner Traylor pointed out that even if issues of drainage are addressed the property is still located in the flood plain, which brings the focus back to the initial discussion points made by City Engineer Whisker. Chairman Stroud stated that the considerations are for a flood plain waiver as long as conditions are satisfied that all precautions are taken to prevent the property from flooding. Commissioner Knight supported a plan being brought back to the Planning Commission that would eliminate the drainage water and then repair the building. Commissioner Evans stated that any proposals presented to the Commission need to be evaluated for their value, noting that there is no one on the Commission with that exact expertise. He stated that the one plan that is certain to fix the problem would be to demolish and rebuild above the flood plain level, which would be a terrific financial hardship on the owner. He stated 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. that any other plan would need to carry assurances, noting that the Planning Commission is being asked to circumvent the rules and regulations. Chairman Stroud stated that City Engineer Whisker would be the authority as Chairman of the Flood Plain Association. At this time MOTION CARRIED. GENERAL: DISCUSSION Request from Bond Engineering to change residential setback from 35' to 25' Mr. 'l'ommy Bond stated Lhd L wl l:.h the direction of Alderman Stroud he forwarded a letter to Mayor Swaim regarding ongoing efforts to change residential setbacks from 35' to 25' . He stated that part of the agreement to change the current setback comes as a result of some house plans, even for small houses cannot fit on a 120' deep lot with a 35' front yard setback. He stated that the new style of floor plans for houses are becoming deeper and narrower, explaining that the garage is being pushed forward and the house area is being set behind the garage. He stated that most homebuyers are looking for a larger back yard versus the front yard. He stated that the additional cost is another issue resulting in approximately $2,000.00 rolled into the mortgage over 30 years. He then cited that the surrounding cities to Jacksonville carry 25' front yard setbacks, pointing out that a 35' setback puts Jacksonville at a disadvantage. He stated that he is asking the Planning Commission to recommend a 25' change for all zoning classifications to the City Council. Discussion ensued as to the home and surrounding cities, noting neighboring cities. building rate of Jacksonville infrastructure concerns for Commissioner Knight questioned if City Attorney Bamburg needed to prepare an ordinance for the next regularly scheduled Planning Commission meeting. r.i ty Attorney Bamburg clarified that a public hearing would be the next step for changing the ordinance. Commissioner Gray requested that the public hearing cover a 25' setback for all zonings. In response to a question posed by Commissioner Brannen, Chairman Stroud clarified that previously approved plats with 35' setback would retain a 35' setback. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2006 7:00 P.M. -8:17 P.M. In response to a question posed by Chairman Stroud, Mr. Greg Heslep stated that he supports a change to 25' for front yard setbacks, citing that the front yards in the Base Meadows Subdivision are larger than the back yards. He mentioned concerns for infrastructure with sewer and water, adding that more current house plans do not fit the lots very well. Mr. Jack Wilson stated that it is his feeling that 35' setback is the equivalent of imposing an impact fee to homebuyers. He stated that North Little Rock, Sherwood, Cabot, Maumelle, Bryant and Little Rock have 25' setbacks. He related difficulties for Jacksonville to compete with other cities because of setback limitations regarding certain house plans. He stated that a 35' front yard setback is a disservice that cost extra without any benefit. He stated that a 35' setback does not promote an atmosphere that attracts buyers, adding that he feels anything that we do or fail to do that attracts buyers is not being very responsible. Commissioner Gray moved, seconded by Commissioner Knight to host a public hearing to determine a change in setbacks for all zonings. MOTION CARRIED with Commissioner Keaton voting NAY. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:17 p.m . Respectfully submitted, 11 JACKSONVILLE PLANNING COMMISSION AGENDA SEPTEMBER 11, 2006 7:00 P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting August 14, 2006 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE a. REZONING: Part of the Woodside Subdivision from R-0 to R-4 Petitioner: Tim McClurg Representative: Bond Engineering b. REZONING & LAND USE AMENDMENT: Swift Drive/General Samuels from M-2 to R-3 Petitioner: Jacksonville Commerce Corporation Representative: Bond Engineering b. AMENDING Jacksonville Municipal Code Zoning setbacks PLAT (S): a. PRELIMINARY PLAT: Woodside Subdivision Petitioner: Tim McClurg 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Representative: Bond Engineering b. FINAL PLAT: StoneRidge Subdivision PH I Petitioner: Terry Paff Representative: Bond Engineering c. FINAL PLAT: Tract "A" Jacksonville Shopping Center Petitioner: Jim Peacock & Mike Wilson Representative: Bond Engineering d. FINAL PLAT: Valley Ridge Estates Pulaski County Petitioner: IV Pards, LLC Representative: Thomas Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on September 11, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Emma Knight, Bart Gray, Jr., Glen Keaton, Mike Traylor, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (2). One seat open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Tim McClurg, Chamber of Commerce Director Bonita Rownd, Jim Peacock, Mike Wilson, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Traylor moved, seconded by Commissioner Keaton that the minutes of 14 August 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Part of the proposed Woodside Subdivision from R-0 to R-4. Chairman Stroud opened the public hearing at approximately 7: OS p.m. Chairman Stroud asked that comments be held to new discovery instead of rehashing arguments debated at the previous public hearing when the request to rezone to R-3 was presented. He reviewed indi victuals' comments as recorded in the minutes from the June meeting. Mr. Tommy Bond reviewed that in June the request to rezone to R-3 for apartments was denied, adding since that time the proposed development plan has been changed to accommodate the development of townhouses (R-4). He explained that the developer is proposing to build 35 townhouse5, adding that the fill area has substantially been reduced by approximately 50%. He stated that the development has now been planned to back up to the existing new sewer easement constructed approximately three years ago. He went on to say that there would be 25 R-0 single-family lots and 35 R-4 townhouse zero-lot line lots. He stated that the proposed construction location of the extension of Main Street is mandated by the Master Street Plan, explaining that the developer would be responsible for building half of the street up to the main channel of the ditch. He stated that he felt further extension of the street would not be anytime soon given the need for construction of a substantial bridge to continue the street. He CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. added that construction for Emma Street is further being mandated by the City Master Street Plan, explaining that the developer would be responsible for 25' of that street. He stated that both streets would be 22' streets from the centerline to back of curb. Mr. Michael Martello of 814 Christy Cove stated that it does not matter if the development is called townhouses, complexes, or condominiums there is not a lot of difference other than the ownership aspect. He stated that it still comes down to the high-density housing, which is very different from the present zoning. He noted that R-0 is for single-family housing with a minimum square footage and a lot size of 70' X 120' that equals 8600 ~4UdLe feet, adding that zero lot line is n 4 with u minimum lot size of 20' X 80' equaling 1600 square feet. He stated that R-4 lots are less than 1/5 the size of what it is presently zoned. He stated that the plan as of last month called for 32 townhouses that were going to be constructed on 2.88 acres, which is less than a tenth of an acre per lot or per townhouse including streets and easements. He stated that this is compared to the adjoining Western Hills that has 61 lots on 20 acres. He questioned what would stop the developer from selling multiple townhouses to one person and then being offered as rental property. He cited an example of this in downtown North Little Rock where townhouses were built and then turned into apartments. He then questioned if an environmental impact statement has been conducted on the property, adding that the proposed development is adjacent to wetlands. He further questioned if there is an area or green space for children to play. He stated that the development is planned in an area with a dangerous "S" curve, adding that he is not aware of where a bus stop could be located, saying that it is obvious that a bus cannot go into a townhouse area. He stated that all the residents of Spring Hill, Western Hills, Bushwood, Fair Oaks and Pennpointe invested in good faith that the Planning Commission would not take any type of action that would devalue their investments. He stated that the most important fact is that the development is in contrast to the Master Plan for the City of Jacksonville. He asked that before the Commission votes, they consider if they would want this type of development to be built in their residential area. Chairman Stroud stated that the petition of 180 signatures opposing the development as submitted for the previous meeting has been forwarded to this request. He then reviewed the points made by Mr. Martello. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. Mrs. Ruby Sucka stated that she felt the property should remain R-0 for single-family. She stated concerns for the road being constructed on her property. She then offered the history of her property going back to the war, saying that their property is precious to them and they want it to remain as is without a road. She added that she wants single-family homes for the adjoining property. Mr. Bill Smith questioned if City Attorney Bamburg had presented a statement for the Commission. He then added that he has contacted the Corp. of Engineers, explaining that he was informed that the property is part of the Bayou Meto flood plain and is a wetland. He continued that the Corp. has stated that they have not been contacted by the developer or anyone from Jacksonville. He stated that he would like clarification from City Attorney Bamburg regarding the law dealing with the rezoning being denied and resubmitted prior to one year. City Attorney Bamburg stated that there is a City ordinance that provides that if a request is made and is denied that it cannot be resubmitted as requested for one year; adding that the ordinance also provides an opportunity for the developer or property owner to amend the request. He explained that if the request is amended to less than 50% of the original request and the zoning request is changed then it is allowable as a separate request to the Commission. He noted that part of the problem with the request from the previous meeting were mistakes in the legal description, which caused mistakes with the advertising, adding that in that circumstance the City can not allow a public hearing to be held. He stated that corrections were made and resubmitted for review by the Planning Commission, including a change in the nature of the request of zoning and a reduction in the nature of acreage involved. In response to a question posed by Mr. Smith, City Attorney Bamburg stated that the ordinance had been part of the codified code since 1969. Mr. Paul Garrett of 3714 Christy Lane noted that at the first public hearing there was some discussion regarding the improvements for West Main Street, recalling that City Engineer Whisker had explained that the project would follow in order behind other projects that have not been started. He questioned if there had been any action by the City to expedite the process for West Main Street that might change the grounds this was denied for the first time. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. Chairman Stroud clarified that the first request for rezoning did not directly have to do with the future plans for West Main Street. He stated that because the rezoning request was denied a preliminary plat regarding plans for road improvements was not conclusively discussed. He noted that any discussion regarding West Main Street improvements were incidental to the rezoning request. Mr. Garrett stated that while it may not have been a part of the rezoning request, it seems as an audience member, to have been part of the reasoning it was denied. lVJr. Charles Long uf 55 Del Tara, a regident of thu.t u.ddress for 28 years, questioned if the Commission was aware of how the area floods. He stated that the water is usually 3 or 4' deep and at times has risen over Main Street by at least 1'. He asked what would happen to the displaced water if the area is filled for development. He noted that there is 8 or 10 sewer lines running through the property, adding that the tops of the manhole covers are usually under water by almost 2' when the area floods. Mr. Joe Hennington of 216 Western Hills stated that after being a paramedic in Little Rock for fifteen years he moved to Jacksonville, a quieter place, to raise his family. He added that he wants his children to grow up in a regular neighborhood with homes, saying that if he had wanted to live in an apartment he could have done that, adding that he does not want to live next to apartments or condominiums. He stated that he purchased the property and built a home in Western Hills because he had been told that the adjacent property would not develop. Chairman Stroud stated that the previous rezoning was for apartments, citing the Code to address R-3 as being designed to provj de for areas already developed with high-density, multi- family site built dwellings and areas where similar development appear desirable. He stated that the Commission rightfully turned down the proposal to have the property developed as R-3, adding that townhouses are a completely different concept than apartments. He stated that townhouses are single-family developments with zero lot-lines. He clarified that the difference between townhouses and apartments. Mr. Chet Schirmer of 804 Christy Cove stated that the City has a Master Plan, which has been revisited several times over the last 15 years, adding that it is a good plan. He stated that because 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. a developer comes in and wants to do something different does not necessarily mean the City has to "bend over backward" to help them out. He stated that Bushwood and the other area subdivisions were developed according to the City's Master Plan, adding that he feels that the Master Plan should be reinforced. He stated that if it is felt there needs to be a change, then the Master Plan should be readdressed overall and not just for this area. Mr. Tommy Bond stated that he wanted to address questions raised, saying the proposal is for single-family, adding that the developer has no intention of building the townhouses for rental. He stated that they would be sold to indi victuals, pointing out that the townhouses are proposed to be 1200 square foot homes. He stated that the appeal of townhouses to a number of buyers is that the maintenance is taken care of by the association of the townhouses, saying that this appeals to retired people probably more so than young families or young people. He stated that he did contact the Corp. of Engineers in Vicksburg concerning the wetland issue, adding that FTN has been retained to perform a wetland study which they are currently in the process of doing. He stated that there are wetland issues that would require a 404 permit, explaining that it would be dealt with, adding that it is a long drawn-out process. He stated that they cannot obtain a 404 permit from the Federal Government without a development plan. He stated that while the developer would prefer not to build the extension of Main Street it is a City mandate, adding that they are not building any part of the Street on anyone else's property. He stated that the same would hold true for Emma Street, saying that all street construction would be strictly on the proposed property. He related that the retention basin is designed to have offsetting volume, explaining that the volume being filled will be equal. He stated that there would be no net change in the water levels. Mrs. Bonita Rownd of 600 Brewer Street stated that she is the Economic Developer for the City of Jacksonville and Chamber of Commerce CEO, saying that Jacksonville is experiencing growth and we need to make sure that the growth is not hindered. She related that some developers have shied away from Jacksonville because of the stiffening of rules, choosing instead to develop outside of Jacksonville. She stated that in order to attract commercial development; Jacksonville needs to have upscale housing. She stated that Jacksonville needs homes for retirees, saying that on a daily basis she receives request for retirement 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. housing regarding condominiums. She stated that she can understand anyone not wanting something unattractive adjacent to their subdivision, but added that the plans for this development are attractive. She stated that anyone would be proud to live there, especially people looking to downsize. She related that Jacksonville does not offer such housing, adding that there are no patio homes, condominiums, or zero lot-line homes. Mr. Tim McClurg developer of the proposed development stated that 1200 square foot is the minimum, explaining that he is hoping to be more into the 1600 square foot range. He stated that he is building 25 homes next to the townhouse development, explaining Llldl he would rtat build something tho.t would hurt the sell of those homes or anyone's property values. He stated that he has never done that or had a problem with that issue. He pointed out that Main Street has a diverse amount of businesses and homes, adding that he feels this development would be good for Main Street. Mr. Bob Stroud of 4509 Pennpointe, speaking as a citizen of Jacksonville, stated that sometimes you have to standup for what is good for the City. He stated that Jacksonville is on the verge of exceptional growth, adding that west will grow and there will be more traffic. He related that traffic would have to be addressed as that happens, explaining that it must be done through smart growth. He stated that the proposal is not for apartments, saying that no one has fought against apartments more than he has. He related that the percentage of rental property in Jacksonville is not good; saying that in his opinion Jacksonville does not need any more apartments. He stated that Jacksonville does need townhouses, relating the need and request from the elderly for townhouses. He stated that he is aware of elderly persons from his church who have left Jacksonville to ohtain housing where mowing and maintenance are provided. He stated that Jacksonville needs smart growth, saying that he feels the development would be good for Jacksonville. Mrs. Judy Tomlin of 3717 Christy Lane stated that personally as a former real tor she is able to say that you have to be very careful with what is in an area because of property values. She stated that if there are not homes similar in square footage then property values would not hold. She asked the Commission to think about that, she stated that the higher the square footage the higher the tax base. She related that 1200 square foot is not near what Western Hill homes are, adding that property values do go down when development is not kept in order with everything else around it. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. Chairman Stroud closed the public hearing at approximately 7:36 p.m. City Engineer Whisker offered that both sides of the issue have been articulate. He then explained that when the first rezoning request was denied he believed the feeling was that there should be a buffer between any sort of more condensed housing adjacent to Western Hills, which is what the developer has proposed. He stated that the Planning Commission approved the concept plan of that design approximately two months ago. He noted that the townhouses have been moved from the west side of the West Interceptor to the east side because of fill and drainage issues. Commissioner Knight stated that she had received comments from some of the residents requesting that the issue be tabled until more residents could be notified of the development plan, adding that with the number present and the varied comments she is not compelled to make that motion. She stated that she is very much in favor of townhouses, adding that Jacksonville needs them desperately and if done as townhouses they would not devalue any property. She then stated that she is very much against townhouses in this particular area, because of the density and the issues with water and drainage. In response to a question posed by Commissioner Evans, Mr. Bond stated that some of the lots are 25' X 120' or 2500 square feet, which is substantially larger than the minimum required by ordinance. He then answered that the person conducting the wetland study reassured him that it should not be a problem to obtain a 404 permit for the proposed development. He stated that while that is not a guarantee it provides a comfort level to where the developer is willing to proceed with the submittals required, adding that he feels it will take an estimated 5 to 6 months or longer. Commissioner Evans questioned City Engineer Whisker as to his thoughts on the wetland issue. City Engineer Whisker stated that the wetlands is controlled by the Corp. of Engineers regarding the 404 permit, saying that it is a one to one basis if on your own property and a three to one basis if it is off the property. Mr. Bond stated it is felt that requirements could be met with the retention pond to obtain a 404 permit. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. In response to a comment from Chairman Stroud, Mr. Bond stated that the retention pond is being proposed as a lake, which will have water continuously. He stated that the lake area would be where fill is taken from for the rest of the development. He stated that the retention pond would be developed as a water feature. In response to a question from Commissioner Knight, Mr. Bond noted that a triangular piece on the plan would be a wetland issue and planted with flora and fauna as identified with a wetlands to satisfy the Corp. of Engineers . He then answered that there is an area planned as an open area for children to play. Commissioner Gray clarified issues regarding the Land Use Map, noting that the area is depicted as residential, explaining that the current issue is the zoning not the Land Use Map. He stated that the Planning Commission must decide if there is to be a change in zoning that would affect the density. He stated that counting the R-0 homes and the R-4 townhouses there are 60 lots proposed. He questioned the density of the original request for apartments. Mr. Bond stated that the original request for apartment rezoning was planned for 250 apartment units. Commissioner Gray noted that the density factor has changed from 250 to 60 families. He then requested clarification regarding the current traffic if the development is allowed to proceed. City Engineer Whisker stated that Emma Street will run north and south all the way up and down Main Street completely east and west, adding that wo uld b e a t the time when Main Street then connP.Gt.s back to itsel f at the pump station near Jessica Court in Fair Oa ks PH II. He then e xplai ned t hat at the time of U1e completion of the s t reets as s hown on the p l at, the proposed streets would be cons idered res idential side s treets. In response to a question from Commissioner Gray, it was stated that there are approximately 32 lots in the Hushwood Subdivision. It was then noted that Main Street would function as it does now, and City Engineer Whi s ker concurred that there are no current plans for signage or traffic signals. In response to a question from Commissioner Keaton regarding the time frame for the Main Street reconstruction, City Engineer 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. Whisker related that the City's plan is to begin with the widening of Graham Road from Loop Road to Oak Street, which is slated for 2008 and 2009 through Metroplan. He then stated that the next project on the list is to upgrade the intersections at Main/Bailey and Main/James followed by improvements for Redmond Road to Harris Road to four-lane Main Street using Metroplan funds. He stated that developers do develop the Master Street Plan when developing their own property, explaining that the City would require development of Main Street on that portion of the property being developed but not on anyone else's property. In response to a question posed by Commissioner Gray, Mr. Bond answered that Tract "Au is part of the property but is not part of the development. Mr. Bond stated that the property currently does not lend itself as a residential lot but may in the future. Chairman Stroud stated that the City has needed upscale townhouses and he feels this development meets that need. He noted that it is close to the Air Base and a lot of military do retire in Jacksonville. He then stated that he feels the water feature would be aesthetically pleasing for the area plus being a useful tool. Commissioner Knight stated that she likes the plan and the idea, saying that Jacksonville does need townhouses but not in this location. Commissioner Knight moved, seconded by Commissioner Evans to deny the request to rezone 2.75 acres from R-0 to R-4. MOTION CARRIED with Commissioner Keaton voting NAY. As requested by Commissioner Knight, Chairman Stroud clarified for the audience that the proposal to rezone as presented could not return before the Planning Commission for one year. b. REZONING & LAND USE AMENDMENT Swift Drive & General Samuels from M-2 to R-3 Chairman Stroud opened the public hearing at approximately 7:56 p.m. Mr. Tommy Bond informed the Commission that the property consists of an 11-acre tract located adjacent to the water tank on Marshall Road between Swift Street extended and General Samuels. Mr. Mike Wilson introduced himself, relating that he serves on the Jacksonville Chamber of Commerce Foundation, which acts as 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. an agent in this matter for the City, explaining that the City owns the property. He related that this property is part of the transfer to the City by Pulaski Industrial Parks some years ago, adding that the City has held this property for years and years hoping for industrial development. He stated that the charge of the Foundation is to assist the City in developing its property to create jobs for economic development in the City. He related that a proposal was presented to the Chamber of Commerce Foundation, the Mayor and other City officials for the development of the property as apartments. He stated that the proposal was discussed and agonized at great length over whether to sell the property being held for industrial development or cillow it to be developed as residential. He otu.tcd that it was concluded that the development business in Jacksonville is in fact an industry too and while it was hoped for manufacturing type business or lots of job growth it is difficult to obtain. He stated that it was concluded that the proposal to purchase the property from the City and build apartments was a good idea. He reiterated that it was not without a great deal of thought and consideration that the Chamber of Commerce Foundation makes this recommendation. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 8:02 p.m. City Engineer Whisker stated that the biggest obstacle would be the Land Use Plan, explaining that the property is industrial so the rezoning would have to include a change in the Land Use Plan for this area. He stated that just recently the City helped improve the area to try and attract industry. In response to a question posed by Commissioner Gray, Engineer Whisker related that the property is part of Jacksonville Commerce Corporation. City the Commissioner Gray noted that the area is part of the industrial property and has been zoned M-2 for manufacturing; stating that the land has been vacant for a long time without being used. He related that it is a desirable location probably for some commercial development, which the City has invested in for commercial/industrial development. He continued that in the Land Use there are incompatible zones, saying that the permitted uses under manufacturing allows for some conditional uses as considered in commercial but it does not allow for conditional uses that are residential. He stated that the land around the property, although it has been developed as commercial, citing 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. Swift Drive and the property that fronts Marshall Road are still shown as manufacturing on the Land Use Plan. He stated that this land would be spot zoned as residential in the middle of a manufactured area. He stated that he feels the proposal is incompatible; citing a major developer a few years ago that had the 11-acre site at the corner of Redmond Road and General Samuels and wanted to develop apartments as well as a commercial area including a convenience store with gas. He noted that it was denied at the time, adding that there were several members of the audience that were against the proposal but that to his mind it was denied because it was a residential use in a manufacturing zone, which is not allowed by ordinance. He stated that it is his belief that if the Community in an effort to bring industry has now classified building as an industry, that it may be time to reevaluate the Land Use Plan for manufacturing and especially as it relates to commercial and residential. He noted that the property is adjacent to another 30 to 40 acres, saying that if residential development is good for this property it might be good for the additional 30 to 40 acres. He stated that if the request were pulled and the Commission given an opportunity to reevaluated the Land Use Plan for the entire City, then this plan as well as other considerations could satisfy what the future holds for Jacksonville. He stated that land use is classified as Agricultural, Manufacturing, Commercial, and Residential; which is designed for the vision held by the Community as to how it will develop. He related that most land use does not envision a hole in the zoning for a use that is not compatible with that around it. He stated that the property might be great for residential but it would not be as great if the surrounding property were to have a use compatible with manufacturing as it is currently zoned around it. He related that it is not proper for the Planning Commission to go this far regarding residential in manufacturing, adding that he would recommend, that while the idea is not bad, it is bad at this place until or unless we change the Land Use and we should not do that in a spot zoning or spot method. Commissioner Knight agreed, saying that she would agree that manufacturing, industrial, commercial, and residential can fit together, adding that she feels this particular type of housing could serve as a buffer. She related that this is the type of housing needed in order to bring commercial and manufacturing ventures to Jacksonville. She stated that she agrees that the Land Use Map needs to be reevaluated; adding that she feels the proposed plan is a good plan for the area. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. Commissioner Gray moved, seconded by Commissioner Evans to deny the request to rezone property located at Swift Drive & General Samuels from M-2 to R-3. Mr. Wilson stated that if the Commission feels as strongly as indicated, it does not make any sense to tie the property up for one year. He asked permission to withdraw the i tern pending further land use planning. He stated that it would be a perfect opportunity to open the door for more economic growth through real estate development. Commissioner Gray withdrew his motion and Commission Evans withdrew his second to the motion. Petitioner withdrew item. c. AMENDING Jacksonville Municipal Code Zoning Setbacks Chairman Stroud opened the public hearing at approximately 8:14 p.m. Mr. Bond stated that this has been a repeated issue that he has asked the Planning Commission to consider. He stated that for him it is a competitive issue regarding surrounding towns, adding that it makes the houses more affordable. Commissioner Knight noted that it would also benefit the living- in space of houses, adding that houses in the $200,000 range do not have to have huge front yards. She noted that families are using their back yards where the space is more appreciated. Mr. Bond stated that part of the issue could be a security issue, saying that homebuyers want more room in the rear yard. He stated that it makes the back yard more secure for family events. Mr. Jack Wilson of 820 Timberwolf Trail stated that he is a 30- year member of the Jacksonville community. He stated that he has watched the Jacksonville community develop and has anguished over some of the development. He stated that being in the industry he has had the opportunity to work with many different cities, communities, planning commissions, and city councils; adding that he has been able to see the various thoughts of other communi ties. He stated that he would be less than honest if he said that Jacksonville has done a stellar job of promoting the Community. He noted reasons that the Jacksonville Community has not always had the opportunity to produce. He stated that Jacksonville needs the support of homebuyers, saying that some 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. change can be good. He added that he does not feel that the Jacksonville Community can afford to be without homebuyers who want townhouses. He stated that he receives request on a monthly basis from a group of elderly ladies who are looking for affordable developments where they can feel secure. He related that the developers have not been able to provide this. He stated that the 35' setback effectually acts as an impact fee, noting the higher cost with less security for the rear yard. He urged the need for Jacksonville to be competitive. Mr. Mark Wilson of #17 Foxwood Drive stated that he is speaking on behalf of the Chamber of Commerce Board of Directors as a Board member. He stated that he is also speaking for Mr. John Ferrell Chairman and CEO Bonita Rownd. He presented a copy of a resolution passed by the Board supporting a change from 35' setbacks to 25' setbacks dated August 17, 2006. Mr. Gary Fletcher of 101 Fair Oaks stated his support for changing the setbacks. He mentioned that many lots are of an irregular shape, adding that current market trends support a four-bedroom home. He stated that with the market demand being for larger homes and land being at a premium it is time to change the setbacks. Mr. Bob Stroud stated that given the competition factor, he feels that it would be better for the City of Jacksonville. He further stated his support for larger homes in the City but cited fears that some developers might not use the benefit of the shorter setback to build a larger home. He suggested that the setback be granted to houses of a certain square footage. Mr. Jack Wilson stated that if the Commission does recommend changing the front yard setback, he would also like to see the Commission recommend a change regarding the 15' setback. He stated that he feels it is a safety issue for children regarding the corner 15' sideyard setback and driveway construction. He recommended that the 15' setback be increased to 25', saying that generally the rule is that the smaller setback of 5' be reserved for the rear and one side. Chairman Stroud closed the public hearing at approximately 8:29 p.m. City Engineer Whisker noted that the change would bring conformity with the surrounding areas, noting that corner lots carry a 25' for front and 25' for side. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. Commissioner Keaton stated that his perspective would be that of a homeowner with two children, saying that for safety and security he feels the home would need to be moved away from the street, adding that this would hopefully get some of the cars off the street and into driveways. He related the practice by children to play on their bikes in driveways, adding that he is not sure that a building setback is keeping Jacksonville from being able to promote itself. He stated that personally he likes the appearance of a larger front yard. Commissioner Gray noted that historically a 35' setback was established when many houses were being developed with single driveways, which allowed two vehicles to be parked end to end. He stated that today there are double drives that provide for the parking of two cars well off the street even with the 25' setback. He then introduced considerations for changing the setback for all zones to 25', noting that C-3 commercial has a 50' setback, questioning if that is a requirement from the Highway Department. City Engineer Whisker recalled past discussions with Metroplan, saying that his feeling is that the 50' setback was to provide for the heavier commercial buildings being setback further with the parking lot being in the front. He stated that it was the opposite with C-4, saying that the business is in the front with the heavy machinery to the rear. Commissioner Gray then noted that M-1 is 70' and M-2 is 25'. City Engineer Whisker stated that it is the same with the landscaping in the front with parking for customers to come in and meet with the industry and the industry parking is in the rear with the operations. Commissioner Gray noted that with larger developments it could be addressed when the plat is submitted. It was then noted that the City of Jacksonville does not feature any agricultural areas. Commissioner Gray moved, seconded by Commissioner Knight to recommend to the City Council that all zonings within the City of Jacksonville be changed to a 25' front yard setback and residential corner lots carry a 25' front yard setback and a 25' side yard setback. Mr. Bond added that while he does not disagree with the safety issue regarding residential corner lots, there are some lots 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. being proposed in plats for consideration later in the meeting that carry a 15' sideyard setback. He offered that if there is not a driveway on the 15' setback side then it could carry a 15' setback versus a 25' setback. He noted that there are some lots where it would be difficult to accommodate a 25' setback. At this time, MOTION CARRIED with Commissioner Keaton voting NAY. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Woodside Subdivision Petitioner withdrew submission of plat. b. FINAL PLAT StoneRidge Subdivision PH I Mr. Bond stated that all letters of approval from the various utilities have been submitted and sidewalks are in the process of being constructed. City Engineer Whisker concurred, noting a small area of sidewalk near lot 44 that would need to be completed. Commissioner Gray moved, seconded by Commissioner Knight to recommend acceptance of the Final Plat of StoneRidge Subdivision to the City Council contingent upon sidewalk completion. MOTION CARRIED. c. FINAL PLAT Tract "A" Jacksonville Shopping Center Mr. Bond presented a slight modification regarding the access easement being changed from 30' to 20'. City Engineer Whisker noted that both water and sewer exist on the property, explaining that the property abuts an existing entrance to the area with an easement to the property. He stated that the only request would be that the developer furnish a bond for the sidewalks or complete the construction of the sidewalks before going to the City Council. In response to a question posed by Commissioner Gray, Mr. Bond stated that the property consists of approx ~ acre equaling 30,000 plus square feet. Commissioner Knight moved, seconded by Commissioner Gray to recommend acceptance of the Final Plat of Tract "A" Jacksonville Shopping Center to the City Council, stipulating a bond for the sidewalks or completion of sidewalks. MOTION CARRIED. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2006 7:00 P.M. -8:46 P.M. d. FINAL PLAT Valley Ridge Estates/Pulaski County Mr. Basil Shoptaw of Thomas Engineering Company stated that the subdivision has been completed. City Engineer Whisker related that the subdivision is located in Pulaski County, adding that the County Board has passed the final plat with stipulations. He stated that those stipulations have been met and the plat has been signed off. He then noted that the subdivision is located within the AICUZ zone and the bill of assurance stipulates assurances that the subdivision will meet all Jacksonville Municipal Codes because it is in the AICUZ zone. Commissioner Gray moved, seconded by Commissioner Knight to recommend acceptance of the Final Plat of Valley Ridge Estates to the City Council. MOTION CARRIED. Commissioner Gray requested on behalf of the Commission, because of lengthy discussions involving the Land Use Plan, that meetings with Metroplan be scheduled outside the regularly scheduled Planning Commission meetings to perform a complete review of the Land Use Plan followed by a Planning Commission public hearing. BUILDING PERMITS: GENERAL: ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:46p.m. Respectfully submitted, 16 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE AGENDA OCTOBER 9, 2006 7:00P.M. Regular Planning Commission Meeting September 11, 2006 PLAT (S): a. PRELIMINARY PLAT: Woodside Subdivision Petitioner: Tim McClurg 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Representative: Bond Engineering b. SKETCH PLAT: Red Fox Lane Petitioner: Wayne Besancon Representative: Bond Engineering Discussion: Land Use Plan OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. The Planning Commission of the City of in Regular Session on October 9, 2006. meeting at approximately 7:00 p.m. those in attendance. Jacksonville, Arkansas met Chairman Stroud opened the expressing appreciation to ROLL CALL: Commissioners Art Brannen, Emma Knight, Bart Gray, Jr., Glen Keaton, Mike Traylor, and John Herbold answen:cJ ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. Commissioner Evans arrived at approximately 7:24 p.m. PRESENT (8), ABSENT (0). One seat open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Alderman Terry Sansing, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Knight moved, seconded by Commissioner Traylor that the minutes of 11 September 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Woodside Subdivision Chairman Stroud stated that the petitinnAr hAs withdrawn submission of the plat from the agenda. b. SKETCH PLAT Red Fox Lane Mr. Bond related that the property has been before the Commission on several different occasions, explaining that the property consists of 3 acres on Red Fox Lane. He stated that the petitioner is proposing to subdivide the property into two lots for residential development. He stated that the road is being proposed as previously discussed, building a 27' back-to-back street with a 97' radius culdesac. He noted that the property already has water and sewer. City Engineer Whisker stated that he would request an easement from Northeastern to the eastern side of this property. In response to a question posed by City Engineer Whisker, Mr. Bond stated that he believes the petitioner is proposing to make the street public up to the lot. He stated that there was a right-of-way easement agreement with the Johnsons, adding that he presumes the same people will allow for making a public street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. City Engineer Whisker clarified and Mr. Bond agreed, easement would be for 27' on this property but not all back to Northeastern. He stated that he is looking easement leading to the property from Northeastern. that the the way for an Commissioner Gray stated that a dedicated easement would need to be granted by the six property owners on the street to provide access for a public street. Commissioner Brannen moved, seconded by Commissioner Gray to accept the Sketch Plat subject to proper easements as requested by City Engineer Whisker. MOTION CARRIED. BUILDING PERMITS: GENERAL: Land Use Plan Chairman Stroud stated that discussion of the Land Use Plan is being proposed to clarify issues regarding zoning and land use. Commissioner Gray stated the need as a Commission for clarification regarding the Land Use Map and its purpose. He explained his experience working with land use as an overall general plan that the Planning Commission, City Council and community hold with a great deal of forethought as to how the community is to grow. He added that periodically the plan needs to be reevaluated and reaffirmed or changed. He stated that the Land Use Plan is a general direction with the specifics laid out in zoning. He voiced concerns for zoning changes that conflict within the Land Use Plan. He stated that the sanctity of the Land Use Plan needs to be either upheld or declared not an issue for concern. He stated the need to possibly fine-tune the Land Use Plan regarding zoning changes. He stated that a request to rezone in a land use area that does not support that zone would be held in arbitrary and the Planning Commission may not even want to consider such a request until the entire Land Use Plan is reevaluated. He stated that the Planning Commission needs to have affirmation of a Land Use Plan that they would be willing to hold strong to regarding request to rezone. Chairman Stroud noted that in 2003 and 2004 request to rezone outside the intended land use were denied, adding that in 2005 there was a request to rezone from agricultural to commercial regarding property being annexed into the City. He stated that as a whole he feels the Planning Commission has held firm to the Land Use Plan. He stated that the recent request to rezone from industrial to Residential was beyond the scope of what the 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. Planning Commission could even broach. He stated property in the general area that he feels would be be rezoned to commercial and provide a buffer industrial and the residential area. that there is beneficial to between the Commissioner Brannen agreed with Commissioner Gray, saying that he feels the present Land Use Plan should be reaffirmed. City Engineer Whisker displayed the Land Use map, noting that the Land Use Plan is actually a written document. He stated that the written document would be placed on the Internet under the City of Jacksonville Planning Commission section. He stated that the Comprehensive Development Plan includes Parks, Water and Wastewater. He then noted that on the Land Use Plan map the area in blue is the Flood Plain area and is not considered residential, commercial or industrial. He raised questions of how the Commission may want to designate the Flood Plain and the Flood Way, explaining that the Flood Way is a very critical area that cannot be touched. He added that the Flood Plain can be used somewhat for development so long as there are flooding issues addressed with fill and other considerations. He then raised questions regarding the designated industrial property on the Land Use Plan and possible considerations for change. Commis:Jioncr Bru.nncn issued Plain and considerations surrounding areas. He cited bean field. concerns for buildinCJ in the Flood for allowing more flooding in future plans for development in the City Engineer Whisker noted that areas with flooding issues are closely evaluated to determine how much of the property can be developed using lakes or retention ponds to prevent flooding downstream. Commissioner Gray suggested that the flood plain and flood way be shown as a different map without consideration to the zoning. Commissioner Brannen stated that there is states that certain i terns that are in the designated as in the flood zone. an ordinance that flood zone must be City Engineer Whisker stated that provisions for the flood zones would be enforced regardless of whether it is shown on the zoning map. Discussion ensued regarding the flood plan and flood way not being designated as a land use. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. Chairman Stroud noted that 90% of the flood plain and flood way are adjacent to residential zoning. Commissioner Gray suggested that the flood way be shown on the map with no zoning designation or used as an overlay to the Land Use Plan map. City Engineer Whisker agreed that the best way to show the flood areas would be with an overlay to the Land Use Plan map. Discussion ensued as to the best designation for the flood plain and flood way given its approximation to adjacent zoning. Commissioner Brannen noted the importance of being able to determine lots requiring flood insurance. He explained the practice of using an "F" designation to determine lots within the flood plain. City Engineer Whisker stated that it would still be a requirement regarding plat submittal. It was noted that the largest part of the flood plain and flood way included on the map is outside the City limits but the map does not totally encompass the entire Jacksonville planning jurisdiction. It was further noted that a 10-acre tract on the other side of Jack's Bayou is commercial but may not be shown as commercial on the Land Use Plan map. City Engineer Whisker stated that any rezoning should match the Land Use Plan. He then offered to remove the blue areas of the map and have the proper land use as was brought in to the City for consideration of change. Chairman Stroud reminded the Commission that residential and industrial needs to have a buffer. City Engineer Whisker offered to have new maps available for the next regularly scheduled meeting. Commissioner Gray stated that the request which sparked this discussion was rezoning a part of manufacturing for residential, adding that he has served on several committees charged with locating additional land for industrial development. He stated that the land in question has not been used in many years and with a productive use such as residential being somewhat of an 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. industry, would the community best be served in that use. He stated that this needs to be discussed in a public format and an informed recommendation forwarded to the City Council. Mr. Bond stated that the best land the City has to offer has been set aside for industry, noting that this land is located in the heart of the City. He related that the land has been set-aside since 1948, and the City has not been very successful at having industry relocate to that area. He stated that he feels it is time for the City to think about better utilizing that property rathet than have it r ema in vacant. He added that it should be consi dered f or residential d evelopment because it is in t he heart of the City a nd oth e r lands on t he peri phery should be considered for industr ial propert y. He s tated t hat resources sho ul d be turned toward that property for industrial. Chairman Stroud questioned when the land was given to the City, if one of the stipulations from Vertac was that the land not be used as residential. City Attorney Bamburg clarified that the property known as the old Vertac property cannot be used as residential, adding that it is limited to heavy commercial and industrial. Chairman Stroud stated that he would like to see the area designated as commercial to provide a buffer for the adjacent residential . He then noted that if the City were able to attract industry he does not know o f any areas on the periphera l that could accommodate t he relocation of industry. He con t inued that be believes the area should remain mostly industrial with some surrounding commercial. He stated that as an optimist he believes the City will attract industry, adding that he believes Jacksonville is on the verge of being able to attract new imlu::> Lry. Commissioner Gray suggested that the Planning Commission invite informed citizens such as Preston Robinson who has made major investments in the area recently and other owners of manufacturing plants. He stated that these people represent industry jobs and have a need to be protected and represented. He suggested an open forum for discussion. Chairman Stroud stated that the agenda is a dvertised and t he item would be l isted on the agenda as a gene ral di scu ssion i tem . He stated that he would like to see the d i s cussi on remain in general with open discussion. He asked that the Commission review the 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. Land Use Plan data when it becomes available on the Internet and be prepared to discuss the issues at the next regularly scheduled Planning Commission meeting. City Engineer Whisker stated that prior to additional discussion he plans to provide a map that would remove the flood plain areas and have the appropriate land uses added for clarification. He then added that he would find some cross section representative of the industrial area to offer their input. He stated that he would begin pulling those issues together for discussion within the next couple of Planning Commission meetings. Chairman Stroud offered to invite a representative from Metroplan to attend those meetings. Commissioner Herbold suggested that specific areas be addressed prior to attempting to address entire issues and inviting the various sectors that would represent those areas. Commissioner Gray stated that once the Planning Commission forms changes it would need to be opened up for a public hearing prior to forwarding those recommendations to the City Council. In response to a question posed by Chairman Stroud, City Engineer Whisker referred to a recent newspaper article supplied to the Planning Commission involving zero lot-line developments. He pointed out that Maumelle is looking at similar zero lot-line developments. He mentioned other cities looking at incorporating those types of developments within their cities. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:45p.m. Respectfully submitted, 6 JACKSONVILLE PLANNING COMMISSION AGENDA NOVEMBER 13, 2006 7:00 P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting October 9, 2006 4 . PUBLIC HEARING (S): 5. REQUEST TO APPROVE a. REZONING: Two lots on the northwest corner of the intersection of Military Road and South First Street from R-1 to C-3 Petitioner: Ted Camp Representative: Bond Engineering b. CONDITIONAL USE: R-3 in C-1 zone property legally described as Lot 2, Blk 4, Harpole Addition and Lot 1, Blk 1 Harry & N.E. Harpole Addition Petitioner: Ben and Susan Rice b. AMENDING Jacksonville Municipal Code zoning setbacks PLAT (S): a. FINAL PLAT: Ramada Inn, Jacksonville Arkansas Petitioner: Bob Desai 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Representative: Bond Engineering b. SKETCH PLAT: Clover Ridge PH IV Petitioner: Brian Boroughs Representative: Bond Engineering c. FINAL PLAT:Jaxon Terrace Subdivision PH 7 Petitioner: Dick Jones Representative: Bond Engineering d . FINAL PLAT: Lot 1 & 2, Knight Addition Petitioner: Win Knight Representative: Lemons Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. -7:45 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on November 13, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Glen Keaton, Mike Traylor, and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT ( 6), ABSENT (2). One seat open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Alderman Bob Stroud, Brian Boroughs, Ben and Susan Rice, Jim Peacock, petitioners and press. Chairman Stroud announced that City Engineer Whisker would be leaving City employment as of December 1, 2006. All Commissioners joined Chairman Stroud in wishing him success in his new endeavors, expressing their support and pleasure in working with him during his tenure. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Evans moved, seconded by Commissioner Brannen that the minutes of 09 October 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING two lots on the northeast corner of the intersection of Military Road and South First Street R-1 to C-3 Chairman Stroud opened the public hearing at approximately 7:04 p.m. Mr. Tommy Bond related that the rezoning request from R-1 to C-3 is for two lots facing Military Road, adjacent to commercial property. He stated that the owners of the property do not have specific development plans at this time. He noted that there is commercial property across the street and that Pathfinders is also located across the street. He related that commercial is predominate in the area, adding that it would be logical for this property to be developed commercial. Chairman Stroud closed the public hearing at approximately 7: 05 p.m. City Engineer Whisker stated that east of the proposed rezoning is a house and Jordan Acres is adjacent to the north of the property. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. -7:45 P.M. Chairman Stroud noted that the property adjacent on the northeast corner has an older house and a duplex, noting the presence of single-family adjacent to the lots. He also noted that the property is adjacent to a single-family subdivision. City Engineer Whisker clarified that the property with the house and duplex is zoned C-3. He then noted that the property adjacent to the north and east of the two lots is zone R-1 for single-family. He reiterated that the property adjacent to the west has single-family dwellings but is actually zoned C-3. He then pointed out that Trickey Lane is south of the property. Discussion ensued regarding the amount of commercial versus residential in the vicinity of the proposed rezoning. Mr. Bond noted that the Land Use Map depicts the property on the southeast corner off Trickey Lane to also be commercial. It was noted that the Family Dollar Store is loated on the southwest corner of the intersection of Trickey and a child development center is located on the southeast corner. Chairman Stroud related that he had spoken with the homeowner to the east of the proposed rezoning, Mr. Matt Travis, who was opposed to the rezoning. He explained that since Mr. Travis takes night classes he was unable to make t he Planning Commission meeting. He continued that the Planning Commission should not become an approval Commission but exercise forethought and good planning regarding infrastructure. He related that he felt the request to rezone this property from R-1 to C-3 is a gredLe.r: infraction than the recent denial regarding the request to rezone property on Main Street, noting that this request comes in a less affluent neighborhood. He then stated that he is not sure how important it is to rezone the property if there is not any immediate development plans, adding that he does not believe the neighborhood would support the rezoning. Commissioner Gray pointed out that the property is adjacent to commercial property, questioning any possible development plans. Mr. Bond then noted that Jordan Acres was already adjacent to commercial property aside from the rezoning request, explaining that it only makes sense to continue the concept of commercial development in the area. Chairman Stroud questioned the possible plan or design that would require this property to be rezoned to commercial. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. -7:45 P.M. Mr. Jim Peacock, joint owner of the property with Mr. Ted Camp, explained their future plans to develop as a gas station and commercial strip center. He noted that the property would be a continuation of existing commercial property. He related that the property zoned C-3 with the house and duplex would be demolished and added to this property for the entire commercial development. Commissioner Gray moved, seconded by Commissioner Keaton to approve the request to rezone the property from R-1 to C-3 with conforming changes to the Land Use Map as necessary. MOTION CARRIED. b. CONDITIONAL USE R-3 in C-1 zone property legally described as Lot 2, Blk. 4, Harpole Addition and Lot 1, Blk. 1, Harry & N.E. Harpole Addition Chairman Stroud opened the public hearing at approximately 7:18 p.m. Property owner, Mr. Ben Rice stated that City Engineer Whisker had informed him that the property could accommodate 17 units, explaining plans to construct four four-plexes that would consist of 16 units. He stated that he believes removing the existing houses and constructing the four-plexes would improve the aesthetics of the neighborhood. City Engineer Whisker related that the property is located on the southwest corner of Brewer and North First Streets. He stated that Mr. Rice has also submitted a replat of the property, which could be administratively approved if the conditional use is granted. He asked that any approval of the conditional use stipulate approval of the replat. Commissioner Gray questioned if the owner had plans to also develop the property located south of the proposed conditional use. Mr. Rice answered that he did not own the property. He then answered that while he does not have a contract in force to build the four-plexes, he hopes to build them with all brick fronts similar to the photograph submitted to the Planning Commission that featured four-plexes of at least ~ brick. It was the general consensus of the Planning Commission that new construction would improve the aesthet~cs of the neighborhood. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. -7:45 P.M. Chairman Stroud closed the public hearing at approximately 7:21 p.m. Commissioner Brannen moved, seconded by Commissioner Gray to approve the conditional use of R-3 in a C-1 zone for property legally described as Lot 1, Block 1, N.E. & Harry Harpole Addition and Lot 2, Block 4, Harry Harpole as requested. MOTION CARRIED. c . Amending the Jacksonville Municipal Code zoning setbacks Chairman Stroud opened the public hearing at approximately 7:25 p.m. City Engineer Whisker stated that previous discussion has encompassed changing the setbacks for all zonings to a 25' setback. He then noted that corner residential and commercial lots would carry a 25' setback for both street sides. Chairman Stroud closed the public hearing at approximately 7:26 p.m. Commissioner Gray moved, seconded by Commissioner Traylor to recommend an Ordinance to the City Council that would amend the setbacks in all zonings to 25' , stipulating corner lots to carry a 25' setback for both street fronts. MOTION CARRIED with Commissioner Brannen voting NAY. REQUEST TO APPROVE PLATS: a. FINAL PLAT Ramada Inn Mr. Bond pointed out that platting for the Ramada Inn has been an ongoing issue, explaining that the new owner of Howard Johnson wants to separate from the rear building and make two parcels. City Engineer Whisker reiterated previous concerns, reminding the Planning Commission that the two buildings share water and sewer utility lines. He stated that the Health Department requires separate lines and connections in order for the lots to be separated. He advised the Planning Commission against approving the final plat of the property until water and sewer issues are resolved. Commissioner Gray pointed out that current ownership of both parcels is common, suggesting that the sewer and water lines could be left as is until such time as common ownership of both parcels might change to separate owners. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. -7:45 P.M. City Engineer Whisker stated that if one parcel were to come under separate ownership there would not be any vehicle by which to notify his office of that change prior to the sell. He then noted that water and sewer are available from Crestview Drive regarding new connections for the rear building. He stated that in order to separate plat the rear building from the front building they would need to provide separate connections. Commissioner Gray offered that as an alert the final platting of the parcels could be recorded on the plat that the sell to separate ownership would require separated water and sewer lines that are now common to both parcels. City Engineer Whisker stated that he feels this might create a possible problem at some point in the future. He stated that he feels it would be prudent to address the problem on the front end. City Attorney Bamburg offered to research and provide clarification regarding common lot lines and shared utili ties. He noted that shared utili ties create a conflict with current Ordinances and State Statutes. He asked that the Commission table final platting the property until the next regularly scheduled Planning Commission meeting pending his review. Mr. Bond stated that changing the service lines might not be a problem, noting that it is a matter of money. He related that utility bills for the rear building would be minimum. Commissioner Brannen moved, seconded by Commissioner Gray to table the Final Plat of the Ramada Inn until the next regularly scheduled Planning Commission meeting in December. MOTION CARRIED. b. SKETCH PLAT Clover Ridge PH IV Mr. Bond related that the name for the plat may change, noting the many previous phases of the Clover Ridge Subdivision. He related that the property is adjacent to the Homer Adkins Pre-K School and consists of approximately 30 plus acres. He stated that due to the topography an improvement district would be created to address sewer issues regarding low-pressure grinder pumps. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. -7:45 P.M. City Engineer Whisker noted that there are some flood plain issues, adding that because of the nature of the sewer system he feels it would be prudent if the developer received approval from the Sewer Commission prior to being approved by the Planning Commission. Mr. Bond stated that the development plans had been forwarded to the Sewer Commission. Discussion ensued regarding the lots located in the flood plain, Mr. Bond noted that there are approximately eight lots located in the flood plain that will be filled and removed from the flood plain. City Engineer Whisker stated that he has recommended that the developer construct a sidewalk between lots 8 and 9 to make the playground area to Homer Adkins accessible. Mr. Bond stated that the developer would be agreeable. Commissioner Brannen moved, seconded by Commissioner Evans to approve the Sketch Plat as submitted subject to approval by the Sewer Commission. MOTION CARRIED. c. FINAL PLAT Jaxon Terrace Subdivision Mr. Bond stated that the only issue remaining is the construction of a sidewalk, which is proposed to be built. He stated that rather than a turnaround at the end, Mr. Jones is planning to continue the street and tying it in. He reque~Led a 2S' setback. City Engineer Whisker stated that he would expect a bond to be posted for the sidewalk if it is not completed in the next two weeks, making mention of the proposed rock culdesac and closing documents from the Water and Sewer Commissions. Discussion ensued regarding Commission for 25' setbacks Subdivision a 25' setback. the and approval by the request the Planning to make this Commissioner Brannen noted that all other lots in the area have 35' setbacks, adding that he is not sure the 25' setback would look right and could possibly detract from the property values. Mr. Bond related that the two houses on the corner have 15' setbacks, explaining that even if the houses were setback at 25' they would still be setback further than the two existing houses. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. -7:45 P.M. In response to a question posed by Chairman Stroud, Mr. Bond stated that a temporary turnaround would be constructed at that the end of the street, but added that Mr. Jones is considering running the street through to connect with Knight Street. It was noted that there would not be any houses built on that portion of the street connecting to Knight Street because sewer is not gravitied for that area. Discussion ensued regarding area flooding, City Engineer Whisker stated that he could not speak on behalf of the Wastewater Department, but added that approximately 5 million dollars was reserved on loan to address area sewer issues. Mr. Bond pointed out that a new line in front of the Assembly of God Church is being rebuilt, which connects the entire area. City Engineer Whisker stated that the Wastewater Department is working very diligently to rebuild all area lines and fix the manholes. He then offered that if the development is continued the other half of the block would be on a 25' setback. Discussion ensued regarding the one house that might be affected by a 25' setback. Mr. Bond added that Mr. Jones feels very strongly about the 25' setback and would be willing to wait one month in order to have the 25' setback approved. Commissioner Brannen moved to approve the Final Plat of Jaxon Terrace Subdivision as submitted with 35' setbacks. MOTION DIES FOR LACK OF A SECOND. Mr. Bond offered that a compromise might be to transition from the next lot to 30' and then to 25' setbacks. Commissioner Gray requested clarification regarding the turnaround, noting that it needs to be in place prior to the beginning of construction. Mr. Bond answered that the turnaround is being proposed as a temporary gravel turnaround. Commissioner Gray moved, seconded by Commissioner Brannen to accept the Final Plat of Jaxon Terrace Subdivision with 25' setbacks on all lots except lot 2 , which would carry a 30' setback for transition, completion of the turnaround, completion of sidewalks or a sidewalk bond and stipulating approval from Water and Sewer prior to being presented to the City Council. MOTION CARRIED. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2006 7:00 P.M. -7:45 P.M. d. FINAL PLAT Lot 1 & 2, Knight Addition Removed from the agenda per petitioner. BUILDING PERMITS: GENERAL: Chairman Stroud reiterated his pleasure in working with City Engineer Whisker. City Engineer Whisker pointed out that copies Plan have been distributed to the Commission, flood plain has been removed. He asked the review the map for changes. of the Land Use noting that the Commissioners to City Engineer Whisker expressed his appreciation to the Planning Commission, saying that he has enjoyed his tenure with the City of Jacksonville . ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:45p.m. Respectfully submitted, ~ 8 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE AGENDA DECEMBER 11, 2006 7:00P.M. Regular Planning Commission Meeting November 13, 2006 PLAT (S): a. FINAL PLAT: Ramada Inn, Jacksonville Arkansas Petitioner: Bob Desai 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Representative: Bond Engineering (tabled at last meeting) b. PRELIMINARY PLAT: The Meadows formally submitted as Clover Ridge PH IV Petitioner: Brian Boroughs Representative: Bond Engineering c. SKETCH PLAT: Fletcher Addition Petitioner: Gary Fletcher Representative: R & K Services CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. -7:38 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on December 11, 200 6. Vice Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Glen Keaton, John Herbold and Tom Evans answered ROLL CALL. Vice Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (2). One seat open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Brian Boroughs, Gary Fletcher, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Gray that the minutes of 13 November 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. FINAL PLAT Ramada Inn Mr. Tommy Bond requested that the Final Plat for the Ramada Inn be tabled for the next meeting. He stated that he hoped by that time to have a resolution regarding separate utility access for the rear building. Commissioner Brannen moved, seconded by Commissioner table the Final Plat of Ramada Inn until the next scheduled Planning Commission meeting in January. CARRIED. Gray to regularly MOTION b. PRELIMINARY PLAT : The Meadows formally submitted as Clover Ridge PH IV Mr. Bond noted that the Planning Commission reviewed the Sketch Plat one month earlier, adding that it has been refined since the last submission. He explained that originally there were 98 lots, which has now been changed to 111 lots. He stated that the lots are 70' wide and the corner lots are 90' wide and would comply with the new 25' setback requirement for all street frontages. He related that the plat has been submitted to the Sewer Commission, and concerns were expressed during that meeting regarding the proposed connection to manhole 1464 on the property. He continued that the developer is now proposing to make that connection to a different manhole to the north and east CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. -7:38 P.M. on Cloverdale Road, manhole number 2539. He noted that it gravities directly into the sewer plant, which prevents any issue of overloading a pump station. He said that the new proposed plan was delivered to Bob Williams at the Wastewater Department today and that he has had an occasion to discuss those plans earlier this evening with Chairman Zumwalt of the Sewer Commission. He then acknowledged a same-name conflict with the street named Robin Road. Commissioner Brannen noted that the existing street named Robin Road is off Military Road. In response to a question posed by Chairman Traylor, Mr. Bond stated that he believes the Water Department has reviewed the plat. Representing Engineer for the City, Mr. Jay Whisker clarified that the Water Commission has not yet approved the plat. Mr. Bond stated that neither utility Commission has formally approved the plat and their approval is being requested subject to the final approval by water, sewer, and the Health Department. City Attorney Bamburg reminded the Commission that approval of plats prior to either Commission's approval or other departments could create issues at various points in time. He asked the Planning Commission for consideration that when addressing such plats. Representing Engineer Jay Whisker stated that the developer would need to submit a bill of assurance guaranteeing maintenance of the proposed improvement district and the retention pond as shown. In response to a question posed by Commissioner Brannen regarding tabling the item of business until next month, Mr. Bond conveyed the developer's desire to start construction regarding clearing the property and grading for streets. He continued that he feels comfortable that there will not be any issues from either the Water or Sewer Commissions. He stated that the hydraulic calculations show 1900 gal. per minute fire flow, adding that there are more fire hydrants in this Subdivision than any of the recent subdivisions. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. -7:38 P.M. In response to a question posed by Commissioner Gray, Representing Engineer Whisker stated that as far as design he did not have any differing design recommendations. He noted that the design discussed from sketch plat to preliminary plat incorporates the removal of two culdesacs and an added entrance to the west. It was stated that the only recommendations would be for approval from both utility Commissions, and a bill of assurance for maintenance of the water retention pond and sewer improvement district. It was noted that sidewalk plans include two sidewalks leading to the school area. Mr. Bond agreed to change the name of the street currently being proposed as Robin Road. In response to a question posed by Commissioner Gray regarding preliminary plat approval to move dirt on site, Representing Engineer Whisker stated that ADEQ requires that a storm water prevention plan be in place. Mr. Bond stated that a storm water prevention plan is part of the package. Representing Engineer Whisker stated that an "earth-working permit" does not exist for the City. Discussion ensued as to having the i tern come back before the Commission at the January gth meeting. Developer Brian Borough3 addrcoscd the Commission; saying that the real push on approval is that there is an offer and acceptance to purchase the property that is contingent upon approval by the Planning Commission. He stated the need to put the paperwork together including the Commission's acceptance to establish the improvement district and close on the property. He stated that he wants to bring the improvement district before the City Council as quickly as possible. Mr. Bond concurred that paperwork is the issue regarding approval before the January gth meeting, adding that weather conditions would probably prevent site work immediately. Discussion ensued stipulations that approved until all as to approving the preliminary plat with could prevent the final plat from being stipulations have been met. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. -7:38 P.M. Commissioner Gray stated that one unique aspect of the Subdivision is the improvement district, acknowledging that the Planning Commission may not have any control over the improvement district if approved without more review. Mr. Bond stated that improvement districts are dictated by State law, noting that Foxwood Estates is setup by those regulations. He stated that the law is very specific regarding improvement districts. Representing Engineer Whisker stated that the other unique factor about this subdivision is that the improvement district is set up specifically on a grinder pump station, further explaining that each individual house would have its own small pump station going into manhole 2539. In response to a question posed by Vice Chairman Traylor, City Attorney Bamburg clarified that the next meeting of the Sewer Commission would be the Friday following the next regularly scheduled Planning Commission meeting i.e. January 12th following the Planning Commission meeting of January gth. Mr. Bond stated that the improvement district would have to be in place before being submitted to the Health Department. He stated that it would have to go through the City Council, then the County Judge before finally being approved by the Circuit Court who would appoint commissioners. Mr. Brian Boroughs stated that from a buyer's perspective he needs the approval so that he would know that he is going forward with the development without any "cloudy" issues. Discussion ensued regarding the outstanding issues of sewer, water, bill of assurance and Health Department approval. Mr. Bond stated that generally plans are not forwarded to the Health Department until it has been approved by the Planning Commission, adding that the Sewer Commission will also want a review and approval from the Health Department before their final approval. He stated that he feels what will come from the Sewer Commission would be a conceptual approval, noting that the system would be maintained by the improvement district and not the Wastewater Department. Commissioner Herbold voiced concerns for setting precedence by granting approval before required items are in compliance. 4 Mr. Bond Commission CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. -7:38 P.M. stated that the item the Wednesday before was submitted being submitted to the Sewer for Planning Commission review. City Attorney Bamburg noted that a revised plan was presented to Planning Commission tonight and thus has not been made available as yet to the Sewer Commission. Mr. Bond stated that the alternate plan submitted was based on suggestions from Mr. Bob Williams from the Wastewater Department. City Attorney Bamburg clarified that the alternate plan has not been reviewed by the Sewer Commission, other than what was shared with Mrs. Zumwalt earlier in the evening. Commissioner Gray noted that even if the plat were tabled until the next Planning Commission meeting it would still not have received formal acceptance from the Sewer Commission. He added that by that meeting there could be a chance that the other items would be in place and therefore make for a lesser degree of stipulations if accepted. Commissioner Gray moved, seconded by Commissioner Brannen to table the Preliminary Plat of The Meadows formally submitted as Clover Ridge PH IV for the January 9th regularly scheduled Planning Commission meeting. MOTION CARRIED. c. SKETCH PLAT Fletcher Addition Mr. Gary Fletcher related tho. L LlH::! property consists of approximately 1.33 acres on General Samuels Road, explaining that he is seeking feedback regarding general acceptance before submitting the preliminary plat. He noted that Phil Keaton is the engineer on the project. He stated that the lot size is consistent with the existing area subdivision, noting that they are approximately 70' wide. He stated that the subdivision would consist of six lots, which he intends to build on himself. Representing Engineer Whisker stated that he had explained to Mr. Fletcher and Mr. Keaton that the existing Subdivision of Woodland Hills had saved 30' of right-of-way on the west side to comply with the Master Street Plan. He stated that the street as developed would lead directly south connecting to Emma Street. He stated that his suggestion was for Mr. Fletcher to donate his 30' of right-of-way and build the street 129' deep so that in the future the five acres between there and Emma Street could develop as a street. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. -7:38 P.M. In response to a question posed by Vice Chairman Traylor, Mr. Fletcher replied that the current plat does not include the 30' of right-of-way, explaining that he was unaware of the requirement until after submitting the plat. It was noted that the 30' right-of-way would be located to the west of lot 6 of the Fletcher Addition and to the east of lot 73 of the Woodland Hills Subdivision. Representing Engineer Whisker then pointed out that the property line separating Woodland Hills from Crooked Creek on the north side of General Samuels should line up with the property line of Woodland Hills on the south side of General Samuels. He stated that he feels that would be corrected by the preliminary plat stage, adding that he had informed the developer that curb, gutter and sidewalk along General Samuels would be expected in the preliminary plat presentation. In response to a question posed by Commissioner Brannen, Representing Engineer Whisker stated that the subdivision is being proposed with a 35' setback. Mr. Fletcher raised the question of future phases in existing subdivisions following the newly adopted 25' zoning setback. Commissioner Brannen moved to approve the sketch plat as presented. MOTION DIES FOR LACK OF A SECOND. Commissioner Herbold moved, seconded by Commissioner Brannen to approve the sketch plat of Fletcher Addition, stipulating that 30' right-of-way be added on the east side of the subdivision. MOTION FAILS with Commissioner Keaton voting NAY. Commissioner Keaton questioned if the street were not developed would the property behind the subdivision be land locked, also questioning if there was area on the west that could connect to Emma Street. Representing Engineer Whisker stated that there is access on Emma Street that stops at Christy Lane, explaining that there is 30' of right-of-way along the east side of Bushwood, which almost comes to General Samuels. He then explained that there is another five-acre tract situated south of the proposed subdivision and north of Bushwood. He stated that technically the answer would be no, adding that there is a 30' access to the five-acre tract. He noted that the Master Street Plan calls for a street to go through to General Samuels. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. -7:38 P.M. Mr. Fletcher stated that while his Subdivision only consists of six lots; he is being asked to construct a 130' deep street that would not be beneficial to his development. He explained that with the expense of curb, gutter, and sidewalks along with the 130'of street he is not sure the development would remain feasible for development. He added that as an Alderman of the City he could appreciate the position of the City. In clarification, representing Engineer Whisker stated that it is his understanding that the Jacksonville Municipal Code does not allow for only half or one side of street construction; it must be all or none. He stated that a minimum for fire equipment would have to have a 20' street with curb and gutter on one side of the street. In response to a question posed by Commissioner Gray regarding the durability of streets, Representing Engineer Whisker responded that it varies but mostly the time period is 7 to 8 years. In response to a question posed by Commissioner Herbold, Mr. Fletcher stated that in order to have 30' of right-of-way for the City he would reconfigure the lots with 5' less frontage. He stated that the lots would be 70' instead of 75' as shown. He stated that constructing the street would be a matter of money, explaining that he does not have a problem providing the 30' right-of-way. In response to a question po::;ed by Commissioner Gray, Representing Engineer Whisker stated that the person developing the eastern side of Bushwood would be responsible for the street development regarding that portion of the road. Mr. Fletcher noted that he would be developing a street that is not needed nor would be used by his development. He then pointed out that the six lots in his development would face General Samuels. It was pointed out that the person developing the property between Bushwood and General Samuels to the east of the right-of- way would need the street developed for access to that development. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 11, 2006 7:00 P.M. -7:38 P.M. ADJOURNMENT: Vice Chairman Traylor without objection adjourned the meeting at approximately 7:38p.m. Respectfully submitted, 8