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2007JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): AGENDA JANUARY 8, 2007 7:00P.M. Nominations for 2007 Planning Commission and Board of Adjustment Officers Regular Planning Commission Meeting December 11, 2006 a. REZONING: 809 Quince Hill Road from R-0 to R-3 5. REQUEST TO APPROVE Petitioner: Paul's Custom Homes, Inc. Representative: Lemons Engineering PLAT (S): a. FINAL PLAT: Ramada Inn, Jacksonville Arkansas Petitioner: Bob Desai 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Representative: Bond Engineering (tabled from the December 111h meeting) b. PRELIMINARY PLAT: The Meadows formally submitted as Clover Ridge PH IV Petitioner: Brian Boroughs Representative: Bond Engineering (tabled from the December 11th meeting) 1 OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. -7:47 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on January 8, 2007. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. He then opened nominations for 2007 Planning Commission and Board of Adjustment officers. Commissioner Gray moved, seconded by Commissioner Brannen to nominate Mike Traylor to serve as 2007 Planning Commission Chairman. With no other nominations, MOTION CARRIED. Commissioner Knight moved, seconded by Commissioner Stroud to nominate Commissioner Brannen to serve as 2007 Vice Chairman of the Planning Commission and Chairman of the Board of Adjustment. With no other nominations, MOTION CARRIED. Commissioner Stroud and Commissioner Gray volunteered to serve as 2007 members of the Board of Adjustment serving from the Planning Commission. ROLL CALL: Commissioners Art Brannen, Emma Knight, Bart Gray Jr., Chad Young, Mark Stroud, John Herbold and Tom Evans answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (0). One seat open. Others present for the meeting were Representing Engineer for the City Jay Whisker, Tommy Bond, Brian Boroughs, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Brannen that the minutes of 11 December 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING 809 Quince Hill Road from R-0 to R-3 Chairman Traylor opened the public hearing at approximately 7:05 p.m. Mr. Tim Lemons of Lemons Engineering, representing Mr. Paul Yamber and Mr. Paul Schiell of Paul's Custom Homes, Inc. petitioning for the rezoning of 809 Quince Hill Road at the corner of Quince Hill and Max Howell. He referenced his letter of request to clarify that the proposed townhouse development would act as a buffer between the existing homes to the west and 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. -7:47 P.M. the existing multi-family units in the Max Howell area. Secondly, he noted that the developers have agreed to construct a sidewalk along the south side of Quince Hill within the limits of the property and will align the sidewalks with those previously constructed to the west of the development. Mr. Kenneth Head a resident of Quince Hill Road read from a prepared statement representing residents of the area. "The regular Planning Commission met on November 8, 2004, a request was made to rezone 809 Quince Hill Road and the request was denied." He stated that a few of the problems discussed was that the sewer lines needed to be upgraded and the northeast pump station needed improvements. He then related that Mr. Bob Williams has stated that the lines have been replaced and area work continues near the Tall Pines Trailer Park at Hwy. 67/167, adding that some repairs have been made on the northeast lift pump station but the reliability of the sewer system has not been proven through a complete wet season. He stated that he and the area residents would appreciate a vote to deny the rezoning. He continued 809 Quince Hill Road was zoned R-0 when the residents in the neighborhood purchased their homes and should continue as R-0. He stated that the neighborhood does not need additional apartments. Chairman Traylor closed the public hearing at approximately 7:09 p.m. Mr. Bob Williams of the Jacksonville Wastewater Department stated that the lines in the Quince Hill area have been rP.worked, explaining that the lines are tributary to the northeast pump station. He stated that there has been considerable headway made in the area, adding that there is still some work to be done. He stated that there is approximately 500' of line work to be relaid remaining in the trailer park that Mr. Head had mentioned. He stated that there are 8 more manholes in the area that still need to be replaced. He related that the Department did extensive work on the other side of the freeway in the Northwood Acres area, relaying all those lines, which are also tributary to the northeast pump station. He stated that in addition to the line that was relaid they pipe burst over 8, 000' in the area. He related that when the line from the Tall Pines Trailer Park is finished, all the lines with the exception of possibly 6 short line segments that serve in the Max Howell area complete a totally new system. He related that there are some problems in the area that deal with private service and the Department is addressing those issues. 2 or 7 would still lines He CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. -7:47 P.M. stated that studies were conducted last summer and televising will continue as soon as weather permitting. He added that extensive flow monitoring has not been conducted yet to determine the exact good that has been accomplished, but added that in his opinion there has been a significant difference in the area. In response to Williams stated project by the February. a question posed by Commissioner Brannen, that he would expect total completion of end of January and no later by the end Mr. the of In response to a question posed by Commissioner Stroud, Mr. Williams stated that improvements to the lift station on Northeastern include replacement of the impellers and the pumps. He related that the Northeastern station was not the main concern in 2004; explaining that the pump station of concern was the pump station on Loop Road. He added that the Loop Road pump station has been completely upgraded, noting that the Utility has spent approximately $750,000 on that upgrade. In response to a question posed by Commissioner Herbold, Mr. Williams agreed that the system has not been completely tested under heavy rains. Representing Engineer for the City Mr. Whisker noted that during the recent heavy rains there were a couple of failures found and repaired in the system. In response to a question posed by Commissioner Knight, Mr. Lemons responded that he did not have a definitive date for project completion but believed that it would be a considerable amount of time before occupancy could be ready. He speculated that if the rezoning is approved tonight it would probably be the March meeting before they would return with a development plan and easily May before there would be any construction that began followed by at least a 4 to 5 month construction time. Commissioner Herbold noting that while Mr. Lemons referred to the project as being a buffer, the 800-block area of Quince Hill and the 200-block area of Dale Drive are currently adjacent to R-0 property, which would be changed to R-3. He asked Mr. Lemons to explain the ideology that it would act as a buffer. Mr. Lemons related that the older units of the Max Howell Complex are visible to those properties adjacent to R-0. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. -7:47 P.M. It was clarified that to the east and adjacent to the proposed development is the Swiss Village Apartments not the Max Howell Complex. Commissioner development single-story Herbold stated that he did not feel that a two-story could be considered a buffer to the residential homes that would be adjacent. Mr. Lemons stated that in viewing the age of the existing rental, he feels that this development would add something nice to the neighborhood. It was clarified that the concept drawing of a ten-unit complex provided to the Commission differs from the four-plex proposal that is being discussed. Mr. Lemons stated that plans to orientate the buildings on the property would be the next phase of the project. Commissioner Herbold stated that he feels the development would be taking away the current buffer of the area. He added that there is a concern that rental property does not always retain its nice appearance after being built, citing Swiss Village as an example of the decline of rental property before being purchased back and renovated by Mr. Peacock. In response to a question posed by Commissioner Stroud, Mr. Lemons stated that it is his understanding that R-3 zoning would fit townhouses. Commissioner Stroud stated that townhouses, which would be individually owned, would be more conducive to an R-4 zoning. It was clarified by the owner that he plans to retain ownership, which would be more conducive to apartments rather than townhouses. Commissioner Herbold stated that former Chairman Stroud had presented in March of last year a statement saying that the Planning Commission policy is "to provide zoning protection preventing encroachments, in order to create a climate of confidence and certainty in the minds of homeowners about the continuation of residential neighborhoods, in order to attract a private investment necessary for maintaining individual residential properties". He stated that residents of the neighborhood are asking the Planning Commission to do that for them. He added that R-0 to R-3 would be taking any buffer 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. -7:47 P.M. away from the residents. He stated that when discussion is concluded he would be ready to make a motion to deny the request. In response to a question posed by Chairman Traylor, Mr. Whisker clarified that the Land Use Map identifies property as Residential, Commercial, or Industrial. He stated that residential on the Land Use Map would not distinguish between single-family, multi-family, trailer, or apartment without consideration to whether it is tenant or ownership. Commissioner Herbold related that he had been in conversation with Mr. Jones who is the developer of the Jaxon Terrace Subdivision. He explained that when Mr. Jones first started the Subdivision there was very little sewer on the west side of the Interstate so Mr. Jones, at his own expense, upgraded the northeast pump station. He then related that following the last approval of the extension of the Jaxon Terrace Subdivision, Mr. Jones was informed that there would not be any more approvals for construction until the sewer system was proven. He stated that Mr. Jones had related that if 15 connections are approved it is the same as taking 15 connections from him. Mr. Lemons stated that if the consensus of the Commission is that the development may be a couple of months ahead of itself by requesting the rezoning at this time, his client has informed him that a request to table until the sewer system is completed would be acceptable. He added that given the extra time they would be ready to submit a more precise layout of the buildings. He sug9ested that they could return to the Planning Commission in 60 days. Commissioner Herbold stated that he feels the impact to the neighborhood is more of a concern than the sewer issues. He reiterated that following discussion he would be ready to make a motion. In response to a question posed by Chairman Traylor, Mr. Lemons stated that rather than withdraw the item he would like to see the item tabled. Discussion ensued as to the item being tabled or withdrawn by the petitioner. Mr. Lemons noted that in the interim he would like to meet with the residents of the neighborhood and possibly reconcile any differences. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. -7:47 P.M. Commissioner Brannen moved, seconded by Commissioner Knight to table the request to rezone 809 Quince Hill Road for 60 days. ROLL CALL: Commissioners Brannen, Knight, Gray, and Stroud voted AYE. Commissioner Young, Herbold, and Evans voted NAY. MOTION CARRIED. REQUEST TO APPROVE PLATS : a. FINAL PLAT Ramada Inn Mr. Tommy Bond related that the developer is proposing to install a new water meter, relocate the sewer line, and construct the sidewalk on Crestview Drive. Representing Engineer Whisker stated that the request to final plat was to make sure that the building had their own separate utility connections. He asked that the final plat approval from the City Council be contingent upon the reestablished connections being complete and the sidewalk being bonded. Commissioner Stroud moved, seconded by Commissioner Herbold to recommend approval of the Final Plat to the City Council stipulating that new utility connections be stabled and the sidewalk being constructed or bonded. MOTION CARRIED. b. PRELIMINARY PLAT : The Meadows formally submitted as Clover Ridge PH IV Mr. Bond stated that he felt the only remaining issue is the sewer issue. He explained that the Sewer Commission has issued a letter and the developer has revised the plans to connect to the suggested manhole. He then related that as suggested by the Fire Ma.r:t:lllall some of the fire hydrants have been relocated. Representing Engineer Whisker mentioned the suggested name change of Robin Road and the request for a bill of assurance. It was noted that the Water Commission has approved water for the subdivision. Mr. Bob Williams of the Wastewater Department stated that he is in receipt of the plans that Mr. Bond spoke of, adding that it is his recommendation to the Sewer Commission that the plans be approved as proposed. He stated that the subdivision is connecting to a manhole that discharges directly to the Plant, explaining that there is not a pump station issue. He added that his recommendation for approval is contingent upon Health Department approval. City Attorney Bamburg noted that the Sewer Commission would be meeting on the corning Friday. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2007 7:00 P.M. -7:47 P.M. Representing Engineer Whisker explained that normally the bill of assurance would not be as important, but is in this case because of the proposed formation of a sewer improvement district. Mr. Bond clarified that the bill of assurance would speak to the sewer improvement district in regard to the fees to be paid by each homeowner. He then assured the Commission that the bill of assurance would accompany the final plat. Commissioner Stroud moved, seconded by Commissioner Brannen to accept the preliminary plat, stipulating the street name change for Robin Road, bill of assurance being included with plat, Sewer Commission and Health Department approval. MOTION CARRIED. Land Use Plan Representing Engineer Whisker asked that the Commission review the material distributed and be ready to make recommendation at the February meeting. Commissioner Gray moved, seconded by Commissioner Knight to set the public hearing at the regularly scheduled meeting in February to address the Land Use Map. MOTION CARRIED. Discussion ensued and it was the consensus of the Planning Commission to host an informal workshop dealing with the basic procedural rules, regulations, and planning goals on January 22nct at 6:30p.m. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:47 p.m. Respectfully submitted, 7 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): AGENDA FEBRUARY 12, 2007 7:00P.M. Regular Planning Commission Meeting January 8, 2007 Annual Planning Commission Report for 2006 (Included in packet) a. REZONING: Plot A & B, 5. REQUEST TO APPROVE PLAT (S): a. 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Nixon Addition from R-1 to R-3 Petitioner: Hope Lutheran Church SKETCH PLAT: Porter's Subdivision Petitioner: Bill Porter Representative: Bond Engineering Site Plan for Nixon Library 703 West Main Street Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. -7:36 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on February 12, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Emma Knight, Bart Gray Jr., Chad Young, Mark Stroud, John Herbold and Tom Evans answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (0). One seat open. Others present for the meeting were Representing Engineer for the City Jay Whisker, Tommy Bond, John Lloyd, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold that the minutes of 8 January 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. Commissioner Knight moved, seconded by Commissioner Evans to approve the 2007 Annual Planning Commission report as submitted. MOTION CARRIED. PUBLIC HEARING(S) : REZONING Plot A&B, Nixon Addition from R-1 to R-3 Chairman Traylor opened the public hearing at approximately 7:01 p.m. Representative Mr. John Lloyd of Bart Gray Realty stated that he is representing the Hope Lutheran Church & School. He noted that the property is located behind the Church and fronts Gregory Street. He explained that in discussion with City Engineer Whisker it was requested that an easement be established through lots A&B. He related that he researched the best way to sell the property and talked with the Wastewater Department regarding sewer, noting that there are three manholes in the rear yards of residents living on McArthur. He stated that sewer options would be presented by the developer presenting plans for construction but added that the Church desires to rezone the property from R-1 to R-3 in the event that more than a duplex is proposed. Chairman Traylor opened the floor for opposition to speak. Mrs. Ann Gilmore a neighborhood resident stated that she did not feel that there is adequate room for an apartment development, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. -7:36 P.M. saying that there are enough apartments in town. She stated that she and other residents are asking the Planning Commission to deny the request out of respect for the neighborhood as single- family. She presented a petition to the City Clerk of signatures in opposition to the rezoning request. Mr. Raymond Ellis of 21 White Oak Cove presented the Commission with photographs of his property to prove the amount of water his property receives from the Church property. He then clarified that he is in opposition to the rezoning request, adding that he feels this development would increase the flooding. Mr. Lloyd offered that any construction would not back up to Red Oak or White Oak Cove, but explained instead that would be the area where the road is constructed. He stated that there should not be anymore flooding than there is presently. He stated that the developer would be interested in gaining access to the three existing manholes. He noted that the road would be constructed to City specifications. Ms. Martha Bohun a new resident of Jacksonville stated that if the development is approved it would be to the rear of her backyard, adding that the water would drain to her property. She then added that currently she has the same flooding problems that Mr. Ellis is experiencing with water corning from the Church. Chairman Traylor closed the public hearing at approximately 7:09 p.m. Representing Engineer for the City Jay Whisker explained to the Commission that there is a drainage problem in the area of which the City is aware. He related that the City and the Church at various times have worked to improve the drainage, explaining that the problem has been trying to get the water to funnel into the existing area pipe. He then acknowledged that the property is situated between two areas that are zoned R-1 further explaining that there is R-3 property located to the north of the Hope Lutheran Church, which is the Smithwick area. He noted that the official land use of the property is residential either single-family or multi-family. In response to a question posed by Commissioner Young, Representing Engineer for the City Jay Whisker related that lot B is the grassy area straight behind the church that has no street access. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. -7:36 P.M. It was noted that there are approximately 10 single-family lots that are adjacent to the proposed rezoning. Chairman Traylor noted recent conversations of warning regarding "spot zoningu, pointing out that he feels this would be an example of spot zoning because of the surrounding single-family zoning. Commissioner Herbold referred to a study conducted by the Chamber of Commerce that revealed rental property in Jacksonville is slightly over 50%, which he verified over the Internet to find that Jacksonville is listed at 48.2% rental. His further research determined this to be higher than other areas with military base installations. Commissioner Stroud noted that there is other R-3 property that is being constructed in the area already. He stated that he did not feel it to be fair to put R-3 behind those homes in the area. He stated that in his opinion it would not be a good precedence to put R-3 in the middle of an established neighborhood. In response to a question posed by Commissioner Brannen, Representing Engineer for the City Jay Whisker stated that any plans for development would have to meet with requirements from the Fire Marshal regarding access easement issues. He then clarified that at this stage the rezoning would be the only issue. Commissioner Herbold stated that policy adopted by the Planning Commission provides for protection of the homeowners. He read from the Codebook, "The R-0 and R-1 districts are established to permit the developing of single-family site-built detached dwellings and certain community facilities in a suitable environment of low-density development and to protect and maintain existing low-density single-family development.u Commissioner Herbold moved, seconded by Commissioner Brannen to deny the request to rezone Lots A&B, Nixon Addition from R-1 to R-3. MOTION CARRIED with Commissioner Gray abstaining from the vote. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Porter's Subdivision Mr. Tommy Bond related that the property is located across the street from the First Baptist Church on North First Street. He 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. -7:36 P.M. stated that the proposal is to develop the property into 8 single-family lots, noting that the property is already zoned for single-family. He noted that the lots are approximately 80' wide with one lot being 90' wide. Representing Engineer for the City Jay Whisker related that water is located on the far side of the road and sewer is located on the other side of the road. He stated that the sewer line is the same line that flows in the 10" pipe that crosses under the freeway to the northeast pump station. He stated that Wastewater Utility has been performing work on that area, describing this as the same situation encountered by the petitioner requesting a rezoning in the Quince Hill area. He stated that he does not believe the Sewer Department has had an opportunity yet to monitor the lines since finding some areas of I & I regarding ground water. He then noted that North First Street is a minor arterial street requiring a minimum of 36' back of curb to back of curb plus a sidewalk. He then suggested that with the amount of traffic on North First Street it might be prudent to mimic the development design as with Western Hills Subdivision on Main Street, a 20' asphalt strip for driveway access, instead of having access directly onto North First Street from each lot. He stated that minimum requirements of the Subdivision would be a 5' sidewalk with a buffer, either the 20' asphalt strip and or the half section of the 36' back to curb with a buffer for sidewalk and proper drainage. Discussion ensued regarding another area development being proposed without ~idewalks and Reprcocnting Engineer for the City Jay Whisker explained that situation involved property being split between heirs. In response to a comment from Commissioner Stroud regarding the aesthetics of a 35' setback versus the 25' , Representing Engineer for the City Jay Whisker pointed out that if a 20' asphalt street were planned then it would make the front yards even shorter. In response to a question posed by Commissioner Stroud, Mr. Bond offered that if the developer is required to widen to 36' with curb, gutter and sidewalk, plus a 20' asphalt drive it would probably not be economically feasible to construct until such time it could be rezoned for a higher density. He related that numbers were run to determine the feasibility regarding costs of development. He stated that in reality the development business is a very risky business. He then offered that one solution might be to pair the driveways to reduce the number of curb openings. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. -7:36 P.M. Representing Engineer for the City Jay Whisker concurred with Commissioner Stroud that his objective was to have as few as possible openings on an arterial street, offering that another suggestion might be to construct an acceleration or de- acceleration lane 12' wide with curb and gutter. Commissioner Stroud stated that he did not feel that either an acceleration lane or a street similar to Western Hills would be aesthetically pleasing. Commissioner Knight pointed out that another factor to consider is the future widening of North First Street in that area. Discussion ensued regarding the existing setbacks in the area. Mr. Bond then offered that an alley could be established that would circle behind the houses for rear driveway access, adding that the problem with half street development is that when a new street is designed for the area the half street generally does not fit to the new design and becomes wasted construction. He stated that an alley would accomplish reducing the openings onto North First Street. Commissioner Young noted that the concept would be similar to a development called Brody Creek in Little Rock, adding that it is a nice enhancement to a neighborhood. Mr. Bond stated that the lots are deep enough to accomplish this concept. Commissioner Stroud supported the compromise. Commissioner Stroud moved, seconded by Commissioner Herbold to approve the Sketch Plat of Porter's Subdivision with rear access to the lots being proposed when the preliminary plat is submitted for review. MOTION CARRIED. It was noted that the development would adhere to Code requirements regarding sidewalks. BUILDING PERMIT(S): SITE PLAN for the Nixon Library Mr. Bond noted that drainage plans have not been concluded but does not foresee a problem. He then answered that he believes all utilities will be underground. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. -7:36 P.M. In response to a question posed by Commissioner Brannen, Mr. Bond stated that he is reasonably sure that the tanks for oil storage to the rear of the old gas station were removed. Representing Engineer for the City Jay Whisker concurred that they were removed. He then noted that the electric that runs through the property will be removed but added that he is not sure regarding the telephone and electric located to the front of the property. Mr. Bond offered that the concept is that it would be across the street where the main line is located. Representing Engineer for the City Jay Whisker stated that all the details are yet to be worked out. Representing Engineer for the City Jay Whisker stated that the City Council would be hosting a public hearing to abandon an alley easement that runs through the property. Mr. Bond added that the property would also be replatted and Representing Engineer for the City Jay Whisker offered that the replat would be approved administratively in the City Engineer's Office. Commissioner Stroud moved, seconded by Commissioner Brannen to approve as submitted. In response to a question posed by Commissioner Gray, Mr. Bond stated that what is being requested for approval is the final plan with the exception that the gazebo may change slightly. He concurred that the footprint is exactly where the buildings will be located with the exception of the gazebo. Mr. Roberts of the Central Arkansas Library System stated that he believes the location is fixed but there is still some question regarding the design of the gazebo. He stated that there is no question that the gazebo will be located to the front of the property. In response to a question posed by Commissioner Gray, Mr. Roberts stated that there have been three public hearings held to refine proposals into the present site plan. Representing Engineer for the City Jay Whisker concurred that the gazebo would be behind the property lines in the northeast corner of the property. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 12, 2007 7:00 P.M. -7:36 P.M. Mr. Bond then answered that the basic traffic pattern as envisioned by the architects is that the main entrance will be on the left hand side of the drawing with parking in that area, adding that in order to avoid traffic on Main Street the City is going to improve the alley all the way down to Dupree Street. He noted that it is not noted on the site plan because it is being proposed as a separate project by the City. He then noted that there would be a return book depository on the rear of the building. He stated that it is envisioned that most of the employee parking would be to the rear of the building. He then reviewed the concept of a water retention pond on the property. At this time, MOTION CARRIED. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:36p.m. Respectfully submitted, 7 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA MARCH 12, 2007 7:00P.M. Service Award Presented to Glen Keaton 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting February 12, 2007 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE a. REZONING: 809 Quince Hill Road from R-0 to R-3 Petitioner: Paul's Custom Homes, Inc. Representative: Lemons Engineering (tabled January for March meeting) Request to remove item from agenda b. LAND USE MAP AMENDMENTS (map included in packet) PLAT (S): a. REVISED SKETCH PLAT: Porter's North First Street Subdivision 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Petitioner: Bill Porter Representative: Bond Engineering b. COMMERCIAL PLOT PLAN PLAT: Kawasaki Store Jacksonville Petitioner: Gary Tackett, Jacksonville Motorcycle Sales Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on March 12, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. Chairman Traylor presented former Commissioner Glen Keaton with a plaque honoring his serving to the Planning Commission. The Commission joined in congratulating Mr. Keaton. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., John Herbold, Tom Evans, and Alderman Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. Commissioner Young arrived at approximately 7:02 p.m. PRESENT (7), ABSENT (2). Others present for the meeting were Representing Engineer for the City Jay Whisker, Tommy Bond, Chamber of Commerce Director Bonita Rownd, Aldermen Stroud and Fletcher, petitioners, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Brannen that the minutes of 12 February 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 809 Quince Hill Road from R-0 to R-3 Chairman Traylor announced that the item of business has been tabled from the January meeting has been removed from the February agenda as per the petitioner. b. LAND USE MAP AMENDMENTS Chairman Traylor opened the public hearing at approximately 7:03 p.m. Representing Engineer Whisker reviewed that the Industrial Park has been the most considered area regarding land use change. He noted that the City, through the Commerce Corporation, extended Swift Drive to Commerce Drive, which leads off General Samuels. He stated that there were discussions as to whether the area would be considered for commercial rather than industrial and there was a request to rezone the property, which has brought about a review of the Land Use Map. He related a map correction that had been brought to his attention. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. Mr. Bond offered a topographical drawing regarding an area that Pathfinders has expressed some interest in constructing a preschool. He stated that the area is zoned M-2, explaining that the Planning Commission would have to grant a conditional use for a preschool. He stated that the property is located behind the Coleman Heat Treating building on West Main and immediately east of the Pathfinder facility. Alderman Stroud expressed concerns for petitioners who have requested rezonings and presented development improvements that would enhance the area, but once rezoned do not develop the property as requested. He stated that he feels this is an exercise to make the property more valuable through rezoning. He suggested that a time limit, possibly two or three years, be attached to the rezoning that would revert to its previous zoning if the property is not developed within a certain amount of time. Chamber of Commerce Director Bonita Rownd stated that the industrial property in question is located to the east of Commerce Drive adjacent to the rear of Landmark Baptist Church. She noted there had been a de veloper interested in building an apartment compl ex on t he proper ty . She stated that the positi on of the Chamber Foundation has always been to protect industrial property in the Industrial Park for bringing industry to Jacksonville, adding that after several meetings it was decided to sell the land contingent on being able to develop for apartments. She related that Mr. John Ferrell, General Manager of Ashland Chemical Company researched to make sure that there would not be any issues with the area hP.ing deemed a danqerous area for a housing subdivision. She stated that it was not deemed hazardous as long as residential property did not infringe any closer on that particular parcel. She stated that it has been difficult to attract industrial development, pointing out that there are not that many industries shopping land. She stated that mostly industries are interested in larger parcels of land or land with already constructed buildings. She noted a recently developed industrial building that sat mostly vacant since 2000. She stated that while it was difficult for the Chamber Foundation to decide to sell the property they had determined that to be the r ight decision at this time. She stated that t h e Chamber Foundation placed s ignage on the property to a l low ot hers to be int erested in the land for a different purpose. Chairman Traylor closed the public hearing at approximately 7:12 p.m. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. In response to a question posed by Commissioner Gray, Representing Engineer Whisker related that recently annexed subdivisions have come in as residential, specifically the 160 acres on West Main, Base Meadows, and Lost Creek. He stated that these properties are automatically zoned R-0 by ordinance unless otherwise specified when coming in through annexation. In response to a question posed by Commissioner Young, Representing Engineer Whisker noted a map correction for the Graham Settlement Subdivision. He noted that the property was rezoned prior to being final platted from commercial to residential with a land use map amendment. Other smaller pockets of commercial property were identified as proper land use designations in the area of Madden Road and Linda Lane. Commissioner Young suggested that the industrial area on West Main might want to be considered for an overlay district. It was discussed that 200' on either side of West Main in that area could be considered for an overlay district of industrial and commercial extending possibly from Marshall Road going west. In response to a question posed by Commissioner Gray, City Attorney Bamburg related that during recommended changes to the Land Use Map, the ordinance could implement provisions for an overlay district designating the boundaries and purpose of the district. Discussion ensued regarding the western boundary as being Shady Lane. Mr. Bond then noted that there are approximately 10 lots on Polaron Road that are vacant and not likely to be developed as industrial. In response Representing outside the territorial land use. to a question posed by Commissioner Herbold, Engineer Whisker related that areas within 5 miles City limits are considered to be in the extra jurisdiction and would not be an issue for zoning or Chairman Traylor stated that since the rezoning request by Chamber Commerce Corporation was the catalyst for the Planning Commission to consider the Land Use Map, are there any comments regarding the land in the vicinity of General Samuels and Marshall Road. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. Commissioner Gray noted that there are already commercial entities in the area that fit into C-4 classification, adding that he feels a commercial classification would be a natural extension. He stated that he would be in favor of classifying commercial from Commerce Drive through to General Samuels to the LRAFB and up to the Credit Union or the Church. In response to a question posed by Chamber of Commerce Director Bonita Rownd, Commissioner Gray clarified that his suggestion encompassed some extension from behind Commerce Drive due north towards the LRAFB, parallel to Commerce Drive and east towards the Credit Union, to include all the property on Swift Drive up to the Vertac site. It was clarified that Commissioner Gray's intention was not to include any property west of one lot off Commerce Drive. It was then clarified to come before the variance request. that any request for residential would have Planning Commission as a public hearing Commissioner Gray moved, seconded by Commissioner Brannen to recommend to the City Council changes in the Land Use Plan specifically 200' on the western side of Commerce Drive going north towards the LRAFB and then east towards Marshall Road changing the land use from manufacturing to commercial. The area along Main Streets beginning at Marshall Road going west to the power line easement close to Shady Lane, to include a couple hundred feet on either side as an overlay district of manufacturing and commercial. Discussion ensued as to the inclusion of Polaron Drive. Commissioner Gray moved, seconded by Commissioner Brannen to amend to include areas north of Main Street, west of Redmond Road to the end of the Poloron Subdivision as part of the overlay district. MOTION CARRIED. REQUEST TO APPROVE PLATS : a. First Street Subdivision REVISED SKETCH PLAT Porter's North Mr. Tommy Bond stated that the alley approach for the property was determined to be too expensive for the development. He stated that he has returned with two options, one that would be similar to Western Hills on Main Street with no half-street improvements. He continued that the other option would be to do half-street improvements and allow 8 driveways on North First Street. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. Alderman Howard questioned the cost prohibitive factors regarding the alley proposed at the previous Planning Commission meeting. Mr. Bond stated that the rear circular alley concept took a good portion of lots 1 & 8, further explaining that the other alley concept, coming up between the middle of the lots and going to each end, was determined to cost approximately $70,000 to $100,000. He related that the other options being presented are in the neighborhood of $50,000 to $60,000. He added that all costs include sidewalks. Representing Engineer Whisker stated that he feels the curb, gutter, and storm drainage would actually be a benefit to the City. He stated that he would suggest that the development share larger driveways coming into the property to reduce the curb cuts to four instead of eight. Alderman Howard stated his driveways. support for the reduction in In response to a question posed by Commissioner Young, Representing Engineer Whisker stated that both options would accomplish the widening of Hwy 67, but sharing driveways would be the better option. He noted that this would get the storm drainage underground, provide a sidewalk, and offer a chance for deceleration. In response to a question posed by Commissioner Brannen, Representing Engineer Whisker stated that the area sewer issues are still being worked on and there are no changes from the report given by Bob Williams of the Wastewater Department last month. He stated that the biggest problem is with the trailer park that is trying to fix issues at their own expense. He stated that the Wastewater Department has spent several millions of dollars repairing problems not only here but also on the Northwood Acres side and the two pump stations downstream. Chairman Traylor pointed out that the objective of the Planning Commission as directed at the February meeting was to eliminate the need for eight driveways onto First Street because of traffic concerns. Mr. Bond stated that he understood the directive but the problem became that the costs were too prohibitive to accomplish that objective. He added that shared driveways are also a concern, 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. explaining that they would prefer to have a turnaround on every driveway to guarantee that cars would have the ability to come out forward and not back out onto the street. He stated that some shared driveways he is not sure as residentially. in commercial businesses a practical matter that seem to work but they work well In response to a question posed by Commissioner Herbold, Representing Engineer Whisker stated that the two houses that face North First in the Small Oaks Subdivision have a common shared drive. Commissioner Herbold stated that the half-street improvements with curb and gutter appears to be a more beneficial compromise even with individual driveways. Mr. Bond stated that he feels the reality of any traffic problem is at 6:30 a.m. and 4:00 p.m. when the Air Base is either going to work or traveling home. Representing Engineer Whisker added that Christian Academy has a lot of traffic, including the school buses that run to and from North Pulaski County. He pointed out that this route is one of only three routes to get to North Pulaski County. In response to a question posed by Commissioner Young, Representing Engineer Whisker stated that the point of shared drives is to reduce the points of entry and not necessarily the number of cars. Ile expl tlincd that he feels thP. driveways might b e as much as 3 0' wide depending on the developer. He then offered that neighbor conflicts could be c ontrol led through established easements. Mr. Bond pointed out that the driveway does not have to continue on the property lines once it leaves the entrance, explaining that it would only be shared from the right-of-way line to the street with an island in between the two driveways. Representing Engineer Whisker stated that the point would be to have a shared apron; addi ng that if it is behind the curb line and if there is 18' then there would be a 30' right-of-way, the back 12' behind the curb would technically belong to the City. Mr. Bond agreed that improvements including this would be sidewalks. He 6 feasible with half-street added that he feels it would make a nice different builders various ways. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. looking development. It was noted that might configure a turnaround driveway in Commissioner Young moved, seconded by Commissioner Herbold to approve the revised sketch plat for Porter's North First Street Subdivision with the right-of-way extended with street improvements and shared driveways for a total of 4 curb cuts. MOTION CARRIED. b. COMMERCIAL PLOT PLAN PLAT Kawasaki Store Jacksonville Mr. Tommy Bond stated that the current plan is a parcel out of the overall development, explaining that Cupid's is located on the furthest northern part of the parcel adjacent to a vacant tract and the proposed tact is adjacent to the vacant tract on the opposite side. He noted that the plot plan plat has been turned into the County. Representing Engineer Whisker recalled that this plot plan plat is part of the Marple Commercial Subdivision. Mr. Bond then recalled that Marple was submitted to the Planning Commission approximately 2 years ago. Representing Engineer Whisker related that it is a 1300' wide parcel that was presented off John Harden, noting that they had proposed a culdesac that was over 750' deep, adding that the Planning Commission had recommended that the developer take the street through from John Harden to North First Street. He related that the first section of land (Tract 1) that was platted is on the north side of the street and did not present a problem because it did not affect the recommendation from the Planning Commission. He went on to say that Tract 2, which is before the Planning Commission now is in the middle of that street area. He related that the owner had decided that the recommended street was cost prohibitive and has chosen the sketch being presented tonight. He related that the sketch being presented is three lots facing First Street and three lots facing John Harden Drive, which still does not have the total street. He went on to say that with this being a commercial plot plan plat it is difficult to determine exactly what the Planning Commission is allowing, whether it is a final plat or a building permit. He suggested that the petitioner return with a preliminary plat showing the street with the remainder of the property and what property has been sold, so the Planning Commission can determine exactly what is being proposed regarding the property. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. Mr. Bond stated that part of the change is that when the plat was submitted last time there was not a sanitary plan, adding that this drawing was developed after they brought in Wayne Richards. He explained that Wayne Richards will be responsible for the sanitary planning, stating that it would be septic tanks. He related that there is an area reserved for the front lots that will be septic tanks. He noted that there was only one location suitable for the septic tank absorption area, which is depicted on the drawing, adding that is where the street was suggested. Representing Engineer Whisker stated that his concern would be sectioning off a piece of land without seeing the benefit of the entire property and what has happened with the entire property. He added that his problem would be with what had been suggested and with what is currently being present ed and the differences. He noted that he would like to see a p r eli minary plat or a final plat. Mr. Bond noted that the plot plan plat is what the County requires. Representing Engineer Whisker stated that he would suggested that the City requirement be a preliminary or final plat and the County could sign off on that as they see fit. He noted that the plot plan plat would be presented to the County Commission in two weeks. In response to a question posed by Commissioner Brannen, Mr. Bond related Lhat perk test has been turned into the County Sanitarian. It was clarified that Tract 1 is Cupid's and Tract 3 would be the Kawasaki Store and U Pull It is the property to the north and goes all the way back to First Street. In response to a question posed by Chairman Traylor, Representing Engineer Whisker clarified that the current proposal is in conflict to the plan approved by the Planning Commission previously, specifically that the currently proposed Tract 2 interferes with the previously suggested street placement that would run from John Harden Drive to North First Street. He went on to say that if the developer wants to change the plan, he feels the Planning Commission should have the benefit of looking at the entire plan as opposed to one piece at a time. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 12, 2007 7:00 P.M. -7:55 P.M. Commissioner Herbold issued concerns that development would cease if the septic absorption area is not allowed to go in the only place that is feasible. Representing Engineer Whisker suggested that the street could be constructed to the north side of Tract 2, pointing out that is why it needs to be planned before all the tracts are sold. In response to a question posed by Commissioner Young, Mr. Bond stated that if tabl~d he did not feel it would be a problem for the developer. He then noted that the County would not meet regarding the development for two more weeks. He stated that he would return next month with the information requested. Discussion ensued and it landscaping would need Commission. was noted that setbacks, to be the purview of parking, and the Planning In response to an observation by Commissioner Young, Mr. Bond stated that he did not feel that setbacks would be an issue, explaining that the construction would be more than 50' from the right-of-way line. He then noted that parking is allowable up to the property line, adding that the septic tank area would be landscaped. Commissioner Young moved, seconded by Commissioner Evans to table the item of business until the Regularly Scheduled Planning Commission meeting of April. MOTION CARRIED. BUILDING PERMIT(S): ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:55p.m. Respectfully submitted, 9 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE PLAT (S): a. AGENDA APRIL 9, 2007 7:00P.M. Regular Planning Commission Meeting March 12, 2007 PRELIMINARY PLAT: Porter's North First Street Subdivision Petitioner: Bill Porter Representative: Bond Engineering b. FINAL PLAT: 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT COMMERCIAL PLOT PLAN PLAT: Kawasaki Store Jacksonville Petitioner: Gary Tackett, Jacksonville Motorcycle Sales Representative: Bond Engineering c. SKETCH PLAT: Nixon Loop Road properties Petitioner: Dana Nixon Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on April 9, 2007. 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., Chad Young, John Herbold, Tom Evans, and Alderman Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. Commissioners Knight and Stroud were absent. PRESENT (7), ABSENT (2). Others present for the meeting were Representing Engineer for the City Jay Whisker, Tommy Bond, Mrs. Dana Nixon, petitioners, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Howard moved, seconded by Commissioner Young that the minutes of 12 March 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. First Street Subdivision PRELIMINARY PLAT Porter's North Mr. Bond stated that detailed plans have been forwarded to Representing Engineer Whisker, adding that he does not believe there to be any outstanding issues. Representing Engineer Whisker shared a comment from the Water Department requesting detailed plans for water meter sets because they are in the same area as the shared driveways. Mr. Bond offered that those details would be included in the plans forwarded, explaining that the water meter sets would be in the area between the driveways. He then explained that the driveways were set back 5' from the property lines on the common drives, noting that there is a 10' grass strip between every other lot and the water meters would be placed in that 10' strip. Representing Engineer Whisker stated that there is a 40' right- of-way shown, which includes the sidewalk that would continue on that side. He then noted that water and sewer are already available and the developer will construct storm drainage, curb and gutter. He then explained that previously the Planning CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. Commission had requested half-street improvements but two manholes were directly in the way, so the curb has been pushed to the road side of the manholes. He related that the Wastewater Department had requested that the manholes not be in the street. In response to a question posed by Commissioner Young, Mr. Bond related that the plans do reflect that request. He then explained that the request was to keep the manholes out from under the future street because of maintenance issues. Chairman Traylor noted that the bill of assurance was provided at the beginning of the meeting. Mr. Bond stated that the bill of assurance calls for a minimum of 1600 square feet with masonry on three sides of the homes. He then answered that the utilities would be underground, noting an overhead power line running down the front of the property at the street. Commissioner Evans questioned if the bill of assurance should address the issue of driveway turnarounds. Mr. Bond noted that the detailed plans do show the curb cuts and the 20' radius at the street. He then related that Representing Engineer Whisker had expressed some concern for the width of the driveways, explaining that two 16' driveways 10' apart is 32' with 42' going out to the street and then with the radius there is 82' where you would turn in to go to a driveway. It was noted that this area of street is a City street not a State Hwy. Chairman Traylor requested that the bill of assurance reflect the requirement of turnaround driveways. Mr. Bond agreed, noting that the Planning Commission would have another opportunity to see the bill of assurance at the final plat presentation. Representing Engineer Whisker offered that Wastewater Utility's concern was to make sure that the storm drainpipe was able to be above the wastewater pipe, adding that his understanding is that the wastewater pipe is 10' deep. Mr. Bond added that the wastewater pipe is 1' to 2' under the storm drain pipe, pointing out that there is a note on the plans stating that all the service bores are suppose to be made before the storm sewer is put in to avoid any conflict. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. Representing Engineer Whisker reiterated that the Water Department has requested detailed water plans for inside the driveways. He added that it should not be a problem but needs to be drawn into the plan to make the contractor aware of the grass area between the two driveways. Commissioner Young moved, seconded by Commissioner Brannen to approve the Preliminary Plat for Porter's North First Street Subdivision, contingent upon approval from the Water Department and to amend the bill of assurance to include verbiage regarding detailed driveway construction. MOTION CARRIED. b. FINAL PLAT and COMMERCIAL PLOT PLAN PLAT Kawasaki Store Jacksonville Mr. Bond stated that he believes all issues have been resolved, noting that plans have bounced between Pulaski County and the City. He noted that the Jacksonville Planning Commission deferred action last month because of questions regarding the street, to which he provided plans that eliminated the street regarding the future development of the property. He then reviewed that the last time the plan went before the Pulaski County Planning Commission they lacked a quorum last month and were unable to take any action. He stated that Mr. Sherman Smith was at that meeting and indicated that he did not feel there would be any problems. Representing Engineer Whisker recalled that the original Marple Subdivision was proposed with a 700' culdesac, so the City asked the developer to reconfigure the street through. He stated that the current plan shows six lots, explaining that with normal commercial development the septic system should be able to handle all six lots. He went on to say that the developer has returned with a preliminary plat without the road, adding that there is water on both sides of the subdivision. Mr. Bond noted that there is a 16" waterline on John Harden and a 6" waterline on North First Street. Representing Engineer Whisker offered that there is ample water available to the area. Mr. Bond continued that easement area, explaining Richardson, and was taken the sewer that it through 3 would be handled with an was designed by Mr. Wayne the State as a design to CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. serve all six lots. He added that as each individual developed they would install their absorption field easement area located in the middle of the development. lot is in the Representing Engineer Whisker noted that the Water Department had requested a fire hydrant at Lot 1 on the John Harden side, adding that he believes the fire hydrant has been installed. He then noted that tract 1 in the northeast corner is the "Cupids" store. He then related that last month the County requested a commercial plot plan plat of tract 2. Mr. Bond noted that in order to start a building, the County requires a preliminary plot plan plat that shows all the improvements. He stated that this would be equivalent to a site plan to the Jacksonville Planning Commission. He added that when it is finished a plat of the property is filed, explaining that there has to be City preliminary approval before going forward to the County. Representing Engineer Whisker stated that there is no problem as far as a preliminary plat but that as far as final plat regarding strictly tract 2 they only need a water meter in place. He then explained that in order to place a water meter you have to have a proper address and in order to have an address you have to have a final plat. He clarified that if i t is simply about tract 2 being a final plat, as long as tract 2 is drawn as a final plat, he does not have a problem with the final platting of tract 2 with the condition that within so many days a water meter is in place. Mr. Bond then offered that the County issues the addresses outside the City, so it takes all of this before you can get the address for the water meter. Representing Engineer Whisker added that the County will not address the property without it being a platted piece of ground. He offered that if the Commission approves the six-lot preliminary plat then the other approval necessary is final plat approval of strictly tract 2 that has all improvements with exception of the address, which is actually just the water meter. Representing Engineer Whisker then answered that the Kawasaki Store is proposing to develop on tract 2. Discussion ensued regarding preliminary or final plat submission and it was clarified by City Attorney Bamburg that this submission would be the preliminary plat on tract 2. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. Representing Engineer Whisker clarified that tract 1 from the original plat has already been seen by the Planning Commission and sold. He went on to say that tract 1 is not a part of the necessary approvals requested in the second version. He added that in this version of the plat they are also requesting the final plat approval for tract 2. Mr. Bond then stated that preliminary plat approval for tract 2 would be acceptable because it would allow them to get the needed address for the water meter. In response to a question from Commissioner Young, Mr. Bond stated that the septic easement would apply to tract 2 as well as the other five remaining lots. He then answered that access would be gained through pumps and cross easements. To clarify general questions from the Commission, Representing Engineer Whisker stated that the preliminary plat of Marple Subdivision was approved approximately 2 or 3 years ago, stipulating that the proposed road be carried through from John Harden to North First. He then related that tract 1, final plat was approved with utilities approximately 1 year ago because it did not interfere with the road. He then stated that tract 2 was headed for the same process however, that was where the originally proposed road had been and that is why the Planning Commission is seeing the preliminary plat again as revised. Mr. Bond noted that the number of lots have been reduced from what had originally been requested because there was not enough septic tank area to service that many lots. Discussion ensued and it was noted that property in the County does not carry a zoning, but does have a 10' side yard setback plus 1' for every 10' of frontage up to 8'. Mr. Bond then added that the developer has requested a waiver, explaining that the County seems inclined to grant that request since the adjoining property is commercial. In response to a question posed by Commissioner Young, Mr. Bond answered that the County does not have a landscaping ordinance. City Attorney Bamburg clarified that the Planning Commission could make landscaping issues a requirement of the request, noting that it is still within the planning jurisdiction of the City. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. Commissioner Young noted his landscaping ordinance unless previously approved. inclination would be to apply the it interferes with what had been Mr. Bond stated that "Cupids" has some green areas but did not think they had any shrubs. Commissioner Gray stated that from a practical standpoint he does not see where the landscaping ordinance as a requirement on the front end of the development would be oppressive considering the vast area. He went on to say that the assumption is that this will be the view for traffic traveling between Jacksonville and Cabot. In response to a question posed by Commissioner Gray, Representing Engineer Whisker stated that roughly the landscaping ordinance requires a 6' buffer strip around the perimeter as well as a 4' building landscape on every side facing the parking lot and 6% interior for everything over 15 spaces. Discussion ensued that the Planning Commission has purview of any landscaping issues during submittal of the site plan. Commissioner Gray stated that when the site plan is developed it needs to include landscaping ordinance requirements. Representing Engineer Whisker stated that typically the Commission has not looked at commercial site plans County. He continued that the Planning Commission has purview to the sketch, preliminary, and final plats. that the buildings are constructed to County standards. Planning for the only nArl He added Mr. Bond offered that the County does not have building permits. Representing Engineer Whisker noted that if landscaping is applied that would mean additional enforcement. City Attorney Bamburg clarified that the landscaping ordinance could still be applicable if that is the direction of the Planning Commission. Mr. Bond stated that it would be a hardship for the developer to return with landscaping plans of the magnitude discussed. He then answered that the hardship would be to find the space, 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. adding that the two islands could be landscaped. He stated that it would be difficult to provide landscaping for 6' around the perimeter. He further explained that it would be difficult because the developer has a plan set and a contractor lined up and has already agreed on a price. He added that the County told the contractor that everything on the plan was fine. Commissioner Young stated that he did not feel that narrowing the drive and sliding the sidewalk forward would be that big of a hardship. He noted that there is a large sea of asphalt around the property and there is no green space except at the south end of the building. Mr. Bond stated that the development started according to County standards, expressing that this is an issue that has never come up before. In response to a question posed by Commissioner Young, Representing Engineer Whisker noted that the property is 1, 000' north of Coffelt and the City limit is ~ mile south of Coffelt. He then stated that with waterline extensions, the property could possibly annex to the north. Mr. Bond pointed out that the State owns approximately 60 acres between the Dick Jones property and Bayou II, and part of Holland Bottoms Wild Life Management area, adding that most of the area is flood plain. Representing Engineer Whisker related that to answer the question of when the property might be annexed, he feels it would be very slow in annexing itself into the City. Commissioner Gray stated that he would not want to push the landscaping ordinance fully, but he would like the property to have a decent appearance from the Hwy. He added that he would encourage Mr. Tackett to provide more green areas where it could be easily accomplished at this stage. Commissioner Young noted that there is a clause in the landscaping ordinance that allows the City Engineer discretion regarding landscaping and to emphasize what is important. Commissioner Herbold stated that while he supports the landscaping ordinance he has concerns, saying that he visited the site and it appears that they are ready to pour the foundation. He noted he would be more inclined to ask the developer to 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. provide what landscaping he could at this point. He agreed to the City Engineer having the discretion to accomplish that goal. Mr. Bond stated that he was not aware of the foundation being ready to be poured. He went on to say that he has cautioned the developer on a regular basis about getting approvals before the contractor gets ahead of those approvals. Commissioner Young stated that with the footing dug, he would recommend that the developer take a serious look at the interior- parking layout to find islands for green areas. Mr. Bond stated that there are two islands and he feels they can create another one. Representing Engineer Whisker offered that on the north side there might be room to create some green space. Mr. Bond agreed that he could probably get 5' of green space on the north side. Discussion ensued as to the extent of approval being for tract 2 alone or also to include the entire subdivision. Commissioner Young moved, seconded by Commissioner Herbold to approve the preliminary commercial plot plat for Kawasaki Store Jacksonville tract 2, contingent upon Representing Engineer Whisker approval for complying with the landscape ordinance. MOTION CARRIED. c. SKETCH PLAT Nixon Loop Road properties Mr. Bond related that the property is in the County and the County has jurisdiction. He related that he has met with the Sewer Commission to discuss the options for providing sewer to these developments. He added that there is another 40 acres approximately that is also owned by the Nixons, which will probably become a factor eventually. He related that the Wastewater Utility has a plan for serving these areas, adding that they are working with the Sewer Commission to prevent what happened in west Jacksonville in that there were developments where pump stations were built to serve each individual development and ultimately the City came back and spent approximately 1.6 million dollars to get rid of those pump stations. He stated that it has been proposed that rather than 8 ( I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. spend money on pump stations, that resources be pooled to build the interceptor line and not build pump stations. He related that west Jacksonville was developed in the 70's and the City did not extend the interceptor out there until 2003. He stated that the Graham Settlement has been well received and it is believed that this development will be like Graham Settlement. He continued that there seems to be a real demand in the market for that type of development. He related that they are proposing to develop the area north of Military Road as Phase I. He stated that Glenn and Mill Streets dead end into the development. He then explained that Glenn Street is east of the gas line after passing Murrell Taylor Elementary School and both streets are in the County. He related that the developer is in the process of immediately annexing the property into the City. He added that they are trying to develop a sidewalk access from the development to Murrell Taylor. Discussion ensued regarding annexation possibilities of area properties. In response to a question posed by Commissioner Young, Mr. Bond related that the dead end street stubbed out in the vicinity of lots 26 and 128 may be pertinent to the development of a parcel adjacent to Murrell Taylor. In response to a question posed by Chairman Traylor, it was clarified that outside using Glenn or Mill Road there is no access to the proposed area directly behind First Electric without going through First Electric's property. Discussion ensued regarding Ann Street that lines up with Neely directly across Loop Road. Representing Engineer Whisker pointed out that once you make the hard left turn at the end of Ann Street it becomes Robins Road with two large homes on approximately 17 acre tracts. Mr. Bond noted that Robins Road then lets out onto Graham Road. He then answered that the first phase would consist of approximately 70 to 100 lots in the northern portion of the development, depending on how the sewer is worked out. He continued that the sewer would follow the drain line. He noted that in talking with some of the other property owners in the area they have indicated that they would be willing to be a part of a sewer improvement district. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. Commissioner Gray noted that there is one entrance off Loop Road to service a large number of homes, questioning the feasibility of a second entrance further to the north. Representing Engineer Whisker pointed out his concerns for the subdivision hav ing a road that dead ends into a fence to the rear of the subdivision. He stated that firstly, he would either request a change for Mill Road by making a culdesac at the end, or have it turn into the property to the east, which would be between lots 2 and 3 in the southeast corner. He clarified saying that Mill Road needs to connect in some fashion. Second, he noted that the Jacksonville Municipal Code allows a block to be 1, 320' (1/4 mile), adding that he believes that is too long and it is time to reconsider the length of a block. Third, he stated that the intersection at Ann Street is too close to where Robins and Ann Streets turn, adding that he believes the intersection should be towards the middle of Ann Street or at least have two intersections. Fourth, that Glenn Road should enter to the north, noting that the Master Street Plan actually calls for Mill Road to make a connection from Military all the way to Graham Road. He stated that Mill and Glenn Roads are close in proximity, and it does not matter to him which one connects and heads to the north. He then noted that Glenn is a more improved street than Mill Road. Fifth, the developer will need First Electric access in order to be recorded as proposed. Sixth, the entrance off Loop Road in the northwest subdivision area needs to be redesigned to line up directly across from Craft Street at l ot 149 . Seventh, the number of entrances should be taken into consideration regarding the number of lots being served. He a dded that he does not believe two entrances for this subdivision are enough. He then noted that the two entrances on the north corner subdivision are in violation of setbacks and street jogs. Commissioner Young questioned space available for pocket parks. Mr. Bond related that some space near the pipeline could be provided, which would have access from Glenn Road. He then added that in the past forty years he has seen phases of parks and no parks for developments, explaining that the Parks & Recreation Department at one time had stated that they did not want small- scattered parks because they did not want to maintain or equip the parks. He then noted a dedicated park in Foxwood that has never been used. He answered that parks are not necessarily the responsibility of a property owners association. 10 Representing example of a pointing out have had to maintenance. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. Engineer Whisker related that Stonewall is a good property owners association maintaining their areas, that other associations that did not stay together turn the property over to the City for care and Mr. Bond offered that as starter homes, his guess would be that the buyers would be challenged to spend much on a property owners association. Representing Engineer Whisker recapped sewer issues, saying that the area roughly from Graham to Military and Loop Road to the County line can be serviced by one large pump station according to the Master Sewer Plan. He clarified that the northwest corner can be serviced by gravity into the existing pump station that was recently upgraded. He went on to say that 7 5% of the remaining land would flow to the north into the existing pump station, which is designed to handle that flow. It was clarified that phase I is the northwest corner that has gravity sewer. Mr. Bond related the possibility of building two pump stations that would serve the end of the line, which is an option that is available if they build pump stations instead of the gravity sewer system. He stated that some of the lots can gravity into the existing manhole that runs north instead of going back into the pump station on Loop Road. Representing Engineer Whisker cautioned that at the sketch plat stage of presentation is the appropriate time to request any modifications or changes to the plat. Commissioner Young asked if the developer would consider designing some curvature and linear streets utilizing the same number of lots, adding possibly some green areas in the curvatures to create some interest and provide some relief to the enormously long streets. Mr. Bond stated that lot yield is most efficient when it is rectangular, which is how you get a starter horne on the market for the lowest price. Commissioner Evans related that it would also attract buyers to a development by having an attractive drive in and out with 11 accessibility. development of proposed number CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. He stated that this size could of entrances. he does not adequately be believe served that by a the Mr. Bond stated that he feels additional accesses as well as additional outlets for future connections can be designed. He conceded the sacrifice of some lots in order to accomplish a change in design. Commissioner Herbold commended the proposal for a sidewalk access to the school. Mr. Bond stated that he did not feel there would be a problem getting permission from First Electric for an access. He related that the access would lead from lot 128, offering that it would be appealing for young couples with small children. Representing Engineer Whisker noted an existing sidewalk leading in from Loop Road through the property that is between Murrell Taylor and Loop Road. Mr. Bond offered that the subdivision is set up with lots that are the same as Graham Settlement, which is 65' lots, 120' deep and 90' on corners. Representing Engineer Whisker stated that he would encourage any motion to include that the proposed streets line up with existing streets with a reasonable number of entrances. Commissioner Young added the stipulation of pocket parks. Chairman Traylor noted the numerous stipulations, questioning if the plat should return before a motion is granted. Commissioner Gray related that this is an area of town with recent development, expressing his excitement at having a landowner who is willing to start a development phase. He added that this is an opportunity to lineup streets and change the sketch based on verbalization regarding the entrances, streets and to possibly submit one or more sketches. He continued that he did not necessarily want to diminish the lots, but that this is an opportunity for the Community, and for the developer to change the entire southeast area of Jacksonville. He stated that he feels the Commission likes the development but would encourage the developer to make some changes in accordance with the discussions. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2007 7:00 P.M. -8:16 P.M. Mr. Bond stated that they are in the process of obtaining hard information regarding the boundaries and dimensions of those tracts, adding that he did not feel that it would be a big issue to return with considerations for the suggestions discussed tonight. He stated that they would be willing to return with a more precise plan. Commissioner Gray moved, seconded by Commissioner Howard to table purview of the Nixon Properties Sketch Plat until additional information is submitted. MOTION CARRIED. BUILDING PERMIT(S): ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:16p.m. Respectfully submitted, 13 JACKSONVILLE PLANNING COMMISSION AGENDA 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE PLAT (S): 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT MAY 14, 2007 7:00P.M. Meeting Cancelled Regular Planning Commission Meeting April 9, 2007 a. REZONING: Property located between Swift Drive and General Samuels Road from M-2 to C-4 with a CONDITIONAL USE of R-3 Petitioner: Jacksonville Commerce Corp. Representative: Mike Wilson b. REZONING: 4016 South Hwy. 161 from R-6 to R-7 Petitioner: James and Nancy Lee c. CONDITIONAL USE: 3501 John Harden Educational and Childcare facility in R-0 a. Petitioner: McArthur Assembly of God Church Representative: Wittenberg, Delany & Davidson, Inc. FINAL PLAT: Lots 1, 2, & 3 Hatcher Oaks Addition Petitioner: Kenny Meckfessel Representative: James Butler b. FINAL PLAT: Marple Subdivision, Lot 2 Kawasaki Store Jacksonville Petitioner: Gary Tackett, Jacksonville Motorcycle Sales Representative: Bond Engineering c. SKETCH PLAT: Eastern Loop Subdivision PH I Petitioner: Dana Nixon Representative: Bond Engineering (formally introduced as Nixon Loop Road properties) d. PRELIMINARY PLAT: Northlake Subdivision PH XII Petitioner: Tommy Dupree Representative Bond Engineering e. SKETCH PLAT: Foxwood Gardens a. Petitioner: Jack Wilson Representative: Bond Engineering SITE PLAN: Pathfinder Pre-school 2520 West Main Street Petitioner: Pathfinder, Inc. Representative: Bond Engineering b. SITE PLAN: 3501 John Harden McArthur Assembly of God Educational and Daycare facilities Petitioner McArthur Assembly of God Representative: Wittenberg, Delany & Davidson, Inc. JACKSONVILLE PLANNING COMMISSION AGENDA MAY 22, 2007 7:00P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE Regular Planning Commission Meeting April 9, 2007 PLAT (S): a. FINAL PLAT: Lots 1, 2, & 3 Hatcher Oaks Addition 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Petitioner: Kenny & Christa Meckfessel Representative: James Butler, RLS b. FINAL PLAT: Marple Subdivision, Lot 2 Kawasaki Store Jacksonville Petitioner: Gary Tackett, Jacksonville Motorcycle Sales Representative: Bond Engineering c. SKETCH PLAT: Eastern Loop Subdivision, PH I Petitioner: Dana Nixon Representative: Bond Engineering (formally introduced as Nixon Loop Road properties) d. PRELIMINARY PLAT: Northlake Subdivision PH XII Petitioner: Tommy Dupree Representative Bond Engineering e. SKETCH PLAT: Foxwood Gardens Petitioner: Jack Wilson Representative: Bond Engineering a. SITE PLAN: Pathfinder Pre-school 2520 West Main Street Petitioner: Pathfinder, Inc. Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS CALLED PLANNING COMMISSION MEETING MAY 22, 2007 7:00 P.M. -7:49 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in a called session on May 22, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. Chairman Traylor noted a letter to the Commission from Parks and Recreation Director George Biggs regarding Jacksonville Municipal Code 17. 12. 050 Preliminary Plat Reservation of land for public facilities. ROLL CALL: Commissioners Art Brannen, Chad Young, Mark Stroud, John Herbold, Tom Evans, and Alderman Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. Commissioners Knight and Gray were absent. PRESENT (7), ABSENT (2) . Others present for the meeting were Representing Engineer for the City Jay Whisker, Mr. Tommy Bond, Mr. Wally Nixon, Mr. James Butler, Alderman Bob Stroud, Mr. Tommy Dupree, petitioners, and press. APPROVAL AND /OR CORRECTION OF MINUTES: Commissioner Howard moved, seconded by Commissioner Herbold that the minutes of 9 April 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. Oaks Addition FINAL PLAT Lots 1, 2, & 3 Hatcher Representing Engineer Whisker related that the three lots are ready to be addressed and the developer would need final plat approval. He pointed out that the property is located in the County and that at the time of prior submittals sidewalks were not required. Commissioner Brannen moved, seconded by Commissioner Herbold to approve the Final Plat of Lots 1, 2, & 3 Hatcher Oaks Addition as requested. MOTION CARRIED. b. FINAL PLAT Marple Subdivision, Lot 2 Kawasaki Store Jacksonville Mr. Tommy Bond related that the County would not address the property for water meters until the final plat is approved by the City. I J CITY OF JACKSONVILLE, ARKANSAS CALLED PLANNING COMMISSION MEETING MAY 22, 2007 7:00 P.M. -7:49 P.M. He added that he believes the developer has complied with all request from Jacksonville. Representing Engineer Whisker related that water is on site and the sewer septic system has been approved. He then related that the developer has submitted a landscaping plan. He noted that the landscaping would be around the building as requested. In response to a question posed by Commissioner Young, Representing Engineer Whisker stated that the developer has supplied as much landscaping as possible. Commissioner Howard moved, seconded by Commissioner Herbold to approve the Final Plat Marple Subdivision, Lot 2, Kawasaki Store Jacksonville. MOTION CARRIED. c. SKETCH PLAT Eastern Loop Road Subdivision formally submitted as Nixon Loop Road properties Mr. Bond noted that the plat has been slightly changed to comply with the access request regarding Craft Street. Representing Engineer Whisker noted that the blocks are shorter, adding that the subdivision will line up with Ann Lane. He noted that there is water on three sides of the property with lines big enough to achieve proper pressure, saying that water does not seem to be an issue. He stated that the pending issue would be the sewer, adding that he would suggest that before the plat is give preliminary plat approval that the sewer be approved through the Sewer Commission. Commissioner Young noted that the Parks and Recreation Commission has requested reserved land for the development of recreation areas, facilities, programs, and improved recreation services. Mr. Bond related that there have been discussions concerning some adjacent properties regarding a combination of this property, First Electric, and the City to develop a large area that First Electric is not using. He then related that there have not been any direct discussions with First Electric but there has been with the City to bring the property where it could be used and provide parking. He added that then the City would maintain the property. He explained that there is a strip of land 300' wide and ~ mile long behind First Electric outside their fence. He 2 CITY OF JACKSONVILLE, ARKANSAS CALLED PLANNING COMMISSION MEETING MAY 22, 2007 7:00 P.M. -7:49 P.M. stated that the proposal is to level the ground, making it a large open area and providing a place for gravel parking accessible from the development. He related that the plan would be for the City to take over and maintain the property. He added that the developer is not considering any improvements beyond making it a large open area for play. In response to a question posed by Chairman Traylor, Representing Engineer Whisker related that there are some shared parks in the City such as the Amphitheater at the High School. He stated that he believes the City would require some type of lease agreement in order for the property to be a shared venture. It was clarified that the area of discussion is located to the south side of the property. It was noted that the play area would have access from Loop Road and from inside the development on the eastern side. In response to a question posed by Commissioner Evans, Mr. Bond related that there has not been any direct contact with First Electric regarding a connecting road through First Electric property. He stated that they would contact First Electric as soon as the sketch is approved by the Planning Commission. Mr. Bond then related that there had been some expressed desire by some First Electric people to have a road connecting from the rear of their property. Representing Engineer Whisker stated that the City would request that the property be annexed into the City of Jacksonville as an R-1 property. He stated he has some specific drainage concerns, which would be more pronounced during later stages of the development, advising the Commission that the sketch plat deals more with the configuration of the subdivision. It was clarified that the one proposed entrance off Loop Road across from Craft Street was a request from Representing Engineer Whisker. It was also clarified that there would be a connector street running south and east. Mr. Bond offered that ultimately the subdivision would connect to Ann Lane, Glenn Street, and Mill Street. Representing Engineer Whisker stated that one entrance for Phase I would be sufficient. He stated that as the development moves the connection to Ann would need to be made at least once if not twice. 3 ( CITY OF JACKSONVILLE, ARKANSAS CALLED PLANNING COMMISSION MEETING MAY 22, 2007 7:00 P.M. -7:49 P.M. Mr. Bond reiterated that additional connections would be made from the property to the east. Commissioner Young questioned the consideration for a drive coming out to the north of Charlotte Street. Mr. Bond stated that it is possible. Representing Engineer Whisker related that design standards require 300' between streets off an arterial street. It was clarified that the second street would be through lot 69. In response to a question posed by Commissioner Young, Mr. Bond stated that the main reason for street location has to do with maximizing the use of high ground. He explained that some of the lower areas have drainage issues. Representing Engineer Whisker noted that the original plan had a road on the south end, but the developer was requested to move the road to line up with Craft Street. He pointed out that Craft Street leads back to Southeastern. Commissioner Evans cited support for a second drive where lot 69 is located regarding considerations for future development. Mr. Bond noted that there is another good piece of ground on the east side, explaining that the storm drain comes in around lot 1 and runs sort of parallel with the road, adding that there is a cross drain that comes out in the area of Charlotte and then there is another one that comes out at Craft. He continued that the lower end is not as well drained as the upper end. He stated that part of the idea was to utilize the higher, better land on the front end of the development. Commissioner Stroud suggested that rather than coming in at lot 69 with a second street, to square off the road and come in at lot 1, which would provide two streets. Representing Engineer Whisker stated that as long as the street squares up directly into Charlotte or in-between the two Charlottes he does not feel that it would be a problem. Commissioner Evans stated that as the development grows the subdivision would need the second access. 4 CITY OF JACKSONVILLE, ARKANSAS CALLED PLANNING COMMISSION MEETING MAY 22, 2007 7:00 P.M. -7:49 P.M. In response to a question posed by Chairman Traylor, Mr. Bond stated that it is possible to have it line up with Charlotte but it would create a small "S" curve. He then added that if you only have 120' it is difficult to make an "S" curve if there is very much offset. Commissioner Stroud stated that he feels it would be more balanced to put the second street closer to lot 1, taking out the pie-shaped lots and squaring up the lots. Representing Engineer Whisker stated that he believes Commissioner Stroud is suggesting to go through lot 38, adding that the development would not loose a lot that way because lots 1 and 2 would be cut into three lots. Mr. Bond noted that there is almost twice the street in this development as in the Graham Settlement, pointing out that there are 72 lots in Graham Settlement and there are 81 lots in this proposed development. He then added that it would be difficult to argue against needing two accesses for this development. Commissioner Stroud moved, seconded by Commissioner Brannen to approve the Sketch Plat of Eastern Loop Road Subdivision stipulating that the subdivision be developed with an additional street in the vicinity of lot 1 and move lot 38 to the north of the additional street and to encourage the developer to submit with the preliminary plat a design for a recreation park in the southeast corner of the subdivision. MOTION CARRIED. d. PRELIMINARY PLAT Northlake Subdivision PH XII Mr. Bond sta ted that a n a dditional access to the north on lot 41 was reque s t ed by Representi ng Engineer Whisker, but cited that the area is very steep a nd would not make a good a ccess . He stated that there is approximately 9 or 10 feet of elevation from the front of the lot to t he back. He acknowledged the concern for Northlake res idents to be abl e to get back into Jacksonville in case of extreme floods. ae s tated that there is a plan to tie Northlake Drive into the Fears Lake development further west. Representing Engineer Whisker reviewed that developer Tim McClurg had proposed a subdivision that was directly west and north of this proposed phase of Nor thlake Subdivision. He explained that the plan was to tie El khorn Cour t, White Wing Way, and Northlake into McClurg's subdivision that would also tie into Gravel Ridge 5 CITY OF JACKSONVILLE, ARKANSAS CALLED PLANNING COMMISSION MEETING MAY 22, 2007 7:00 P.M. -7:49 P.M. at Elmwood and Creekwood Streets. He stated that Water asking that any Department still needs to grant approval, approval be contingent upon that approval. Mr. Bond added that he did not feel that Water Department approval would be an issue since the Water Department approved the Pleasant Valley Addition. Representing Engineer Whisker stated that this is almost the end of the original 1970 plan of Northlake with the exception of approximately 20 acres adjacent to Sherwood Commissioner Young reiterated that the only design issue is the tying in from Northlake to the west. Mr. Bond agreed saying it would be future development tying into the properties to the west. Representing Engineer Whisker stated that Northlake is tied into the property to the north and surmised that a road could be built, but it would have to be longer thus being more expensive. He acknowledged that the road to the south had steepness issues. In response to a question posed by Commissioner Brannen, Representing Engineer Whisker answered that there is water available at 1,000 gallons per minute of inflow in the area. He then added that the Sewer Department has capacity at this time for this subdivision as it was designed to have for Phase VIII. Mr. Bond related that there is a pump station specifically designed to serve this area that was built seven years ago. Discussion ensued and it was mentioned that if Pleasant Valley had been built capacity could have been an issue; Representing Engineer Whisker offered that there is capacity as designed for this phase. Commissioner approve the stipulating Departments. Brannen moved, seconded by Commissioner Young to Preliminary plat of Northlake Subdivision PH XII the approval and acceptance by the Water and Sewer MOTION CARRIED. e. SKETCH PLAT Foxwood Gardens Mr. Bond stated that this was the plan approved by the Planning Commission 3 or 4 years ago. He noted that the plan is for 60' X 100' lots for garden homes. He recalled that the previous plan 6 CITY OF JACKSONVILLE, ARKANSAS CALLED PLANNING COMMISSION MEETING MAY 22, 2007 7:00 P.M. -7:49 P.M. was submitted in 2002. He noted that there is consideration for a portion of the property that is located in the flood plain. He stated that the developer is proposing a lake area, adding that the concept is to develop a garden home area of small houses on smaller lots with very little yards. He then answered that the property would carry the "F" floodplain designation and is located on the right hand side of Foxwood Drive coming in off Pinewood Drive. Mr. Bond noted that aside from the main entrance there would be an emergency entrance. He stated that Cabot has had success with this type of development and increasingly he has heard more "seasoned" Jacksonville residents express interest in this type of development. He stated that the homes would be in the 1500 to 2000 square feet range with very little yard to maintain. In response to a question posed by Chairman Traylor, Mr. Bond stated that the homes would have 10' between them with very little yard resulting in more concrete. He then answered that it would require a larger retention basin, because of the higher runoff coefficient. Representing Engineer Whisker stated that typically the lots would be higher with no low points between the lots. Mr. Bond related that the lots would drain to the front and the rear. He added that there has been an increasing the older residents of Jacksonville, which has developer to request this type of development. interest from prompted the It was noted that the property is currently zoned R-0 and would need to be rezoned for a PUD (Planned Use District) regarding the necessary setbacks of 20' front, 20' rear, and 5' each side. Commissioner Herbold noted that the lots are 60' X 100' which would not fit the R-0 zoning. Representing Engineer Whisker noted that the subdivision would be rezoned with the specific setbacks and any other requirements set by the Planning Commission. Discussion ensued and it was clarified that the next step would be for the developer to submit a request to rezone the v.roperty before asking for preliminary plat approval. Mr. Bond stated that they would submit a request that would be site specific rather than zone specific. 7 r CITY OF JACKSONVILLE, ARKANSAS CALLED PLANNING COMMISSION MEETING MAY 22, 2007 7:00 P.M. -7:49 P.M. Commissioner Stroud moved, seconded by Commissioner Herbold to approve the Sketch Plat for Foxwood Gardens as submitted. MOTION CARRIED. BUILDING PERMIT (S) : SITE PLAN Pathfinder pre-school 2520 West Main Street Mr. Bond related that Pathfinders is proposing to construct a pre-school on their campus. He noted that it is being proposed for the backside of the Pathfinder property, adding that there would be a new access road between Coleman Heat Treating and the vacant lot belonging to Lloyd Friedman. He noted that the road would tie into the Pathfinder compound that is off Redmond Road and would provide two accesses. Representing Engineer Whisker noted that Pathfinder is proposing to expand their campus, adding that the new portion would have access back to Main Street beside Coleman Heat Treating. He stated that the new portion would not be visible from Main Street or Redmond Road. In response to a question posed by Commissioner Brannen, Mr. Bond answered that the proposed construction would be 200 or 300' from Coleman Heat Treating. He then noted that both Coleman and Lloyd Friedman donated 30' of right-of-way for the roadway. He stated that water and sewer are readily available. It was noted that Lloyd Friedman had obtained a conditional use of C-4 on the vacant M-2 property from the Planning Commission. Mr. Bond noted that the property is isolated, noting that the railroad is located to the east; the training facility to the west, to the north is the paper company. He then noted that the paper company is several hundred feet from the proposed development. Commissioner Young moved, seconded by Commissioner Howard to approve the site plan for the Pathfinder pre-school, 2520 West Main Street as requested. MOTION CARRIED. Chairman Traylor accepted the resignation of Commissioner Mark Stroud and the Commission joined him in wishing him well regarding his plans to relocate to a new state. 8 ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:49p.m. Respectfully submitted, ~~ 9 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): AGENDA JUNE 11, 2007 7:00P.M. Regular Planning Commission Meeting May 22, 2007 a. REZONING: Property located between Swift Drive and General Samuels Road 5. REQUEST TO APPROVE from M-2 to C-4 with a CONDITIONAL USE of R-3 Petitioner: Jacksonville Commerce Corp. Representative: Mike Wilson b. REZONING: 4016 South Hwy. 161 from R-6 to R-7 Petitioner: James and Nancy Lee c. CONDITIONAL USE: 3501 John Harden Educational and Childcare facility in R-0 Petitioner: McArthur Assembly of God Church Representative: Wittenberg, Delony & Davidson, Inc. PLAT (S): a. SKETCH PLAT: Cavin Estates Petitioner: Charles Cavin Representative: Bond Engineering 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT b. FINAL PLAT: Bellevue PH IV Petitioner: Clint Skiver Representative: Bond Engineering a. SITE PLAN: Proposed Commercial Mini Warehouse north of the City limits Petitioner: JMS Development, LLC Representative: Bond Engineering b. SITE PLAN: 3501 John Harden McArthur Assembly of God Educational and Daycare facilities Petitioner McArthur Assembly of God Representative: Wittenberg, Delony & Davidson, Inc. OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in a called session on June 11, 2007. 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., Chad Young, Susan Dollar, John Herbold, Tom Evans, and Alderman Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. Commissioner Knight was absent. PRESENT (8), ABSENT (1). Others present for the meeting were Acting City Engineer Whisker, Mr. Tommy Bond, Mr. Mike Wilson, Chamber of Commerce Director Bonita Rownd, Mr. Daniel Gray, petitioners, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Howard that the minutes of 22 May 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING (S) : a. REZONING Property located between Swift Drive and General Samuels Road from M-2 to C-4 with a CONDITIONAL USE of R-3. Chairman Traylor opened the public hearing at approximately 7:01 p.m. Mr. Mike Wilson, representative for the City of Jacksonville Chamber of Commerce Foundation, related that the Chamber of Commerce Foundation by agreement with the City, acts as advisor of various proposals for economic development. He explained that the property is owned by the City of Jacksonville, adding that the Foundation is asking that the property be rezoned to commercial with a conditional use for residential development. He related that a proposal to develop condominiums was received by the Foundation last year and following much discussion and debate, the Foundation has accepted the concept. He noted that the Land Use Plan had to be revised to permit that process. He stated that if the rezoning and conditional use were granted the City, as owner of the property, would advertise the property for public bid. He related that there are two known potential developers interested in the property. With no one to speak in opposition to the proposal to rezone the property or grant a conditional use, Chairman Traylor closed the public hearing at approximately 7:05p.m. J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. In response to a question posed by Commissioner Herbold, Mr. Wilson answered that his impression by one of the interested parties is to have the units sold individually. Discussion ensued regarding the quotient status of rental property in the City; Mr. Wilson added that ultimately it would be what the buyer proposed. He noted that the he feels the price of the property would dictate a higher end development, adding that it would probably be driven by the market. He stated that the Foundation has held the property for a long time hoping for economic development. Chamber of Commerce Director Bonita Rownd stated that one aspect discussed by the Chamber of Commerce Foundation was the need for higher income housing in lieu of industrial development, which had not occurred. She stated that originally the development plan was for a higher income complex in the $900.00 monthly range with attached garages. She noted that the Foundation feels one of its charges is to ensure a good development for the City, adding that no one feels there is a need for lower income housing. Commissioner Brannen suggested that the Commission review the rezoning request separate from the conditional use request. Commissioner Gray noted that the property was recently reclassified to commercial regarding the Land Use Plan, adding that C-4 would be a commercial inter-mixed with light industrial. Commissioner Gray moved, seconded by Commissioner Howard to rezone the property from manufacturing to C-4. MOTION CARRIED. Chairman Traylor introduced discussion regarding the request of a conditional use of R-3. Commissioner Dollar stated that without viewing a development proposal it would be problematic as to what type of conditions could be stipulated. Discussion ensued as to the permitted uses of an R-3 zone. Mr. Wilson stated that the concept is to make the property marketable for residential, adding that the buyer would return to the Planning Commission with a development plan. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. Commissioner Dollar stated that when a development plan is presented it would be more feasible to determine the conditions, rather than offering a blanket conditional use. She added that a blanket approval would remove the Planning Commission's prerogative to set conditions. Commissioner Gray stated that R-3 would predominately mean apartments, not necessarily townhouses or condominiums. He stated that over the last six months in discussion before the Planning Commission, the general discussion was for apartments, adding that the Commission had entertained that some type of multi-family development in this area would be beneficial to the Community. He then questioned if there would be any reason to believe that multi-family in this location would not be practical. Commissioner Brannen read the listed permitted uses of an R-3 zone. Commissioner Young stated that the site stipulations could be applied during review of the development plans, adding that he would be in favor of granting the conditional use. Commissioner Dollar stated she development but agrees with conditional use it should be on is not opposed to a multi-family Commissioner Young that as a a case-by-case basis. In response to a question posed by Commissioner Herbold, Chamber of Commerce Director Bonita Rownd related that the area directly across from the proposed development site is the only property that could still be available for industrial development. She stated that the Foundation had discussed ensuring that a strip along the road would not be developed as heavy industry but more along the lines of a commercial park. She explained that any industry interest in that area could be placed further west of the strip. Chairman Traylor noted that in recent months there has been concern regarding proposed multi-family development being placed too close to single-family residences, adding that in this instance this would be a concern. Commissioner Brannen stated that he would be opposed because of the equipment vehicles that are currently operating on a daily basis in the area. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. Commissioner Gray clarified that his understanding is that the Planning Commission is inclined to a multi-family residential development but would only be in favor of this following an overview of the developer. He stated that conditional uses are often granted to the petitioner instead of being attached to the property, and would not extend to the next owner of the property. He stated that his understanding is that the Planning Commission would rather grant the conditional use permit to the developer upon review of the development plans. Commissioner Gray moved, seconded by Commissioner Dollar to deny the request for a conditional use of R-3 as presented at this meeting. MOTION CARRIED. Mr. Wilson noted the residential without development. difficulty in marketing a conditional use the property as for residential City Attorney Bamburg clarified that while the conditional use was denied it should not prevent the Foundation from being able to market the property with the stipulation that any offer and acceptance would be contingent upon the developer successfully being granted a conditional use. b. REZONING 4016 South Hwy. 161 from R-6 to R-7 Chairman Traylor opened the public hearing at approximately 7:18 p.m. Mr. James Lee of 4016 South Hwy 161 related that they are requesting that the property be rezoned so that their son can place a mobile home on the property. Mrs. Lee offered that the property already has two mobile homes one belonging to them and the second to another son. She noted that her youngest son is moving from Houston, TX. Acting City Engineer Whisker related that the City Council had recently adopted an ordinance that would allow a conditional use associated with the R-6 zone which would allow for a third mobile home on the acreage without rezoning the property to R-7. He stated that he feels this will accomplish the request from the Lee's family without having to rezone the property to R-7, which is reserved for a mobile home park. Mr. and Mrs. Lee changed their request from a rezoning of R-6 to R-7 to a conditional use request. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. With no one to speak in opposition to the request, Chairman Traylor closed the public hearing at approximately 7:19p.m. Commissioner Young moved, seconded by Commissioner Brannen to approve the amended request for a conditional use of R-7 in an R- 6 zone located at 4016 South Hwy. 161. MOTION CARRIED. c. CONDITIONAL USE 3501 John Harden Drive Educational and Childcare facility in R-0 Commissioner Young recused himself from the dais representative for the item of business. to be Mr. Young of Wittenberg, Delany & Davidson Architects related that McArthur Assembly of God Church is proposing to start Crawford Christian Academy and a daycare facility. He noted that the program would begin with K-2 through K-5 initially; explaining that as attendance increases the Church would develop programs up £rom K-5. He stated that t h e long-term goal would be to have programs leading up to 12th gr ade within the Church. He noted that the daycare facility would be housed within the existing Church, explaining the additional request to add onto the back of the Church for K-5 classrooms. With no one to speak in opposition to the request, Chairman Traylor closed the public hearing at approximately 7:27p.m. Commissioner Howard moved, seconded by Commissioner Evans to approve the conditional use as requested. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Cavin Estates Mr . Aaron Robinson of Bond Engineering stated that plat of Cavin Estates is the. property previously known as Hallelujah Trailer Park located between Valentine and Borroughs Road. He stated that the owner has removed all the mobile homes and is proposing to subdivide the property for homes. He noted that the owner is aware that the property would have to be rezoned. In response to a question posed by Chairman Traylor regarding the smaller size of lot 24, Mr. Robinson stated that he felt he would have to reconfigure lots 8 and 9 to add additional footage to lot 24. It was noted that lot 22 would be located directly behind lot 23, Commissioner Young recommended that lot 24 be made into a pocket 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. park. He added that between lots 23 and 22 could perpendicular to the circle providing a more direct layout. be made culdesac Acting City Engineer Whisker stated his concern that lot 24 would need to be reconfigured. Mr. Robinson noted that the single-family homes are proposed to be approximately 1200 square feet or smaller. He stated that the developer would want to use all land for lot development. Acting City Engineer Whisker answered Commissioner Young that the City would maintain a pocket park if it were accepted by the Parks Commission as a City park . He clarified that the Parks Commission would have to agree to accept the property as a dedicated park. He then noted that the proposed development is near the Homer Adkins School that has a playground area. He then answered that currently the property is zoned R-7 as a mobile home park. It was noted that the property is in the vicinity of Homer Adkins and the Meadows Subdivisions. Commissioner Young moved, seconded by Commissioner Dollar to approve the Sketch Plat contingent upon the property being rezoned for single-family development and the reconfiquration outside lots 22, 23, and 24 to a better shape and offering the Subdivision to the Parks Commission regarding consideration of a pocket park. Mr. Bond stated that the Planning Commission can designate an area for a park and it is the developer's responsibility to set aside that property in his plan. He noted that the City has 90 days to purchase the property for a park, adding that if the City does not exercise the purchase option then the property is not a park. City Attorney Bamburg noted that the property could be donated by the developer. Mr. Robinson stated that the property owner would not be willing to donate the property. At this time, MOTION CARRIED. 6 b. FINAL PLAT Bellevue PH IV CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. Mr. Bond noted that the property has been under construction for an extended period, adding that curb and gutter is in with most of the gravel with the exception of a small section. He explained that the developer feels it could be ready by the next City Council meeting. He stated that the developer has also requested that the property be rezoned from R-lA to R-2, allowing for both multi-family and single-family. He noted that both multi-family and single-family adjoins the property on all sides. He stated that the developer is asking for approval subject to providing a bond to the City for the remainder of improvements. Acting City Engineer Whisker noted that the developer has experienced some construction delays due to some adjacent property owners and weather. He stated that he believes the developer could have the project completed before the next scheduled Planning Commission meeting. He stated that the developer still needs to finish the base, having it tested, and being asphalted. He noted that the developer is planning to bond for the sidewalks, asphalt, and rock not completed. He then added that there is still some outstanding water and wastewater documents, which he believes Mr. Bond received today. He then noted that the bill of assurance would need to be amended for any lots that would have duplexes. He then noted that the rezoning would need to be specific to those lots that would carry multi- family. City Attorney Bamburg noted that the Final Plat should not be approved until the zoning issue has been completed. Commissioner Gray pointed out that the Code provides that the R-2 District is established to permit the development of single- family and two-family site built dwellings. He then noted that "permitted uses" do not match the "purpose of the establishment". Mr. Bond offered that the plat could designate which lots are duplexes and which are single-family. He explained that his feeling is that the developer wanted to have the opportunity to build whatever might be in demand at that moment. Commissioner Herbold questioned if there had been past dilemma regarding the approval of a final plat before the property had been properly rezoned. Mr. Bond pointed out that the lots could be developed under the current zoning. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. Acting City Engineer Whisker pointed out that the lot size, 60 X 100, is the same for R-lA as it is for R-2. Chairman Traylor noted that the Planning Commission has strived to address issues in the proper order and move away from having to place contingencies on approval because of the order of events. Mr. Bond noted that the Codebook provides for those contingencies with improvement bonds. In response to a question stated that if for any developer would complete homes. posed by Commissioner Evans, Mr. Bond reason the rezoning were denied the the subdivision with single-family Chairman Traylor reiterated that he did not feel the Commission would object to the mix of single-family and duplexes, but that it has to do with the proper order of events. Mr. Bond reiterated that the rules in the Codebook allow for this contingency and he is asking the Planning Commission to follow their own rules. City Attorney Bamburg clarified the most recent ordinances do require that before a final plat is given approval the acceptance letters from water and sewer would be issued, adding that if there is a necessity for bonds they should already be in place for those improvements not completed. In response to a question posed by Commissioner Attorney Bamburg stated that he is unaware of submitted for water and sewer not completed. Evans, bonds City being Acting City Engineer Whisker stated that it is permissible to bond for water and sewer but at this time, he does not have bonds for any improvements not completed. City Attorney Bamburg pointed out that to his knowledge when the Planning Commission has provided contingencies on bonds, the bonds have not always been presented until after the fact. In response to a question posed by Commissioner Gray, Acting City Engineer Whisker related that outstanding issues are the base and asphalts for the streets, sidewalks, the as-builts and letters of warranty for wastewater and water, and maintenance bonds for water. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. Acting City Engineer Whisker clarified that in order to get final plat approval from the Wastewater Department and Water Department, they require as-built drawings of the water lines and letters of warranty for one year before releasing the subdivision. It was related that the sewer and water is in, only the letter of warranty from the contractor is lacking. In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker stated that it is common for the developer to post a bond regarding the construction of sidewalks, noting that sidewalks are not construction until after the house is completed on the lot. Commissioner Herbold stated that he would be hesitant to set a precedent and grant final plat approval before the rezoning is completed. Acting City Engineer Whisker pointed out that the unusual factor is that the lot size for either zoning match. Mr. Bond read Jacksonville Municipal Code 17.12.110, Final Plat - materials to be submitted: 2) Improvements to the proposed final platted property including but not limited to sidewalks, drainage, water, sanitary sewer, roadways, and landscaping that have not been completed and approved by the City Engineer (prior to final plat request) will be guaranteed by a certified check or cash in the amount provided by an Engineer's cost estimate (as approved by the City Engineer) and deposited with the City Clerk's office at the time the request for Final Plat approval is made. Monies deposited shall be processed in the manner prescribed in Jacksonville Municipal Code 17.12.125. 3) A set of plans for all improvements required under specifications and these regulations, with such plans to bear the written approval of the City Engineer. Mr. Bond stated that his understanding is that he can bond what has not been built and the Planning Commission can approve it. In response to a comment made by Commissioner Herbold, agreed that bonds were not in place at the time submittal. 9 Mr. Bond of plat r I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. Commissioner Gray stated that while you can see above ground improvements it is not possible for Commissioners to know about the underground water and sewer, adding that he understand that the Code provides for a determination in those matters by the City Engineer and feels it is the responsibility of the Commission to make sure that the City is protected. He stated that if the City Engineer has verified cost estimates and funds to complete the project should the developer not complete it, then it is the Commission's job to go ahead and allow the bonding process. He related in the last several years the Planning Commission has been pain-stakingly aware of their duty of protectiveness of the Community in trying to make sure that the Wastewater and Water Commissions are satisfied regarding their requirements. He noted that the authority of making sure those issues are in place is the City Engineer and the Planning Commission acts on the word of the City Engineer if those bonds are in place. He went on to say that if the developer provides bonding for the final improvements the Planning Commission would be within their rights to approve the final plat and send it forward to the City Council. He stated that he would not have any problem sending it forward to the City Council as long as proper bonds are in place. Mr. Bond stated that the function of the City Council is not to approve the final plat but to accept the street for City maintenance. Commissioner Gray moved, seconded by Commissioner Evans to accept the Final Plat of Bellevue PH IV with proper bonding or with proper financial guarantees for the completion of the remaining items. Discussion have been agreed. ensued regarding the argument that the bonds should in place when submitting the final plat, Mr. Bond Commissioner Gray moved, seconded by Commissioner Evans to amend the motion to include that bonding or financial guarantee be in place by the end of business tomorrow (6/12/07). In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker stated that the bond amount would be $16.00 per foot for sidewalk, $70.00 per ton for asphalt, $70.00 per ton for rock, adding that by Ordinance Mr. Bond will figure the amount and it would be verified by himself. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. Mr. Bond stated that it would not be possible for the developer to have all bonding in place that quickly, adding that he appreciates the efforts of the Planning Commission. He stated that they would bring the plat back next month. Commissioner Brannen moved, seconded by Commissioner Young to table final plat approval for Bellevue PH IV until the regularly scheduled Planning Commission meeting of July 9, 2007. MOTION CARRIED. BUILDING PERMIT (S): a. SITE PLAN Proposed Commercial Mini Warehouses north of the City limits Mr. Bond noted that the property is located outside the City limits, adding that the site plan went before the County Planning Commission three weeks ago. He noted that the County Planning Commission requested that the new flood information be provided, adding that while it is currently not available he has requested that information. He noted that the property consists of 20 acres and the owner is proposing to construct mini warehouses to the rear of the property. He stated that to his understanding the only remaining issue is the flood plain issue. He then noted that access to the property is existing. Acting City Engineer Whisker stated that the site plan was brought before the Planning Commission regarding their considerations for beautification (landscaping) along the roadway. He then noted that in this instance, the property is not near John Harden and the site will be using existing water and sewer but the area is in the extra-territorial jurisdiction for the Jacksonville Planning Commission. He then explained that the developer is leaving a tree line to the south providing at least a 50' buffer. He stated that any approval should be contingent upon the County's approval. In response to a question posed by Commissioner Evans, Acting City Engineer Whisker stated that the flood plain study has been completed and the County is submitting the study to FEMA for approval along with Jack's Bayou and Bayou Meto. He added that as yet it has not been approved by FEMA. Discussion ensued as to the expected amount of time for FEMA approval. Commissioner Dollar moved, seconded by Commissioner Brannen to approve the site plan contingent upon approval and acceptance by the Pulaski County Planning Commission. MOTION CARRIED. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 11, 2007 7:00 P.M. -8:17 P.M. b. SITE PLAN 3501 John Harden Drive/McArthur Assembly of God educational and daycare facilities Commissioner Young recused himself from the dais representative for the item of business. to be Mr. Young pointed out the area to the rear of the existing Church building that is being proposed as the addition fro classrooms. He noted that the process would not be immediate, adding that the Church is planning a fund raising campaign. He related that the addition would match the existing metal siding exterior of the Church, adding that the addition would clear all setbacks. Commissioner Howard moved, seconded by Commissioner Herbold to approve the site plan for 3501 John Harden Drive for the McArthur Assembly of God educational and daycare facilities. MOTION CARRIED. ADJOURNMENT : Chairman Traylor without objection adjourned the meeting at approximately 8:17 p.m. Respectfully submitted, 12 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA JULY 9, 2007 7:00P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting June 11 , 2007 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE PLAT (S): 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT a. CONDITIONAL USE: 2311 Green Acres Road Daycare facility in R-1 Petitioner: New Testament Holiness Church b. REZONING: Bellevue Subdivision PH IV from R-1A to R-2 Petitioner: Clint Skiver Representative: Bond Engineering c. REZONING: Foxwood Gardens/ Loop Road and Northeastern Avenue from R-0 to R-2 a. Petitioner: Jack Wilson Representative: Bond Engineering FINAL PLAT: Bellevue PH IV Petitioner: Clint Skiver Representative: Bond Engineering (tabled at June meeting: b. PRELIMINARY & FINAL: Garrett Subdivision Petitioner & Representative: Jason Garrett b. SKETCH PLAT: Edinburgh Subdivision Petitioner: Jim Peacock Representative: Bond Engineering c. FINAL PLAT: Porter's Subdivision Petitioner: Bill Porter Representative: Bond Fngineering d. PRELIMINARY PLAT: Forest Glen Subdivision formally submitted as Nixon Loop Subdivision Petitioner: Dana Nixon Representative: Bond Engineering r l OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in a called session on July 9, 2007. Vice Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Emma Knight, Bart Gray Jr., Chad Young, Susan Dollar, John Herbold, Tom Evans, and Alderman Howard answered ROLL CALL. Vice Chairman Brannen also answered ROLL CALL and declared a quorum. Chairman Traylor was absent. PRESENT (8), ABSENT (1). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Tommy Bond, petitioners, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Howard that the minutes of 22 May 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE 2311 Green Acres Road daycare facility in R-1 Vice Chairman Brannen opened the public hearing at approximately 7:01 p.m. Petitioner was not present to represent item of business. Vice Chairman Brannen closed the public hearing at approximately 7.02 p.m. b. REZONING Bellevue Subdivision PH IV from R-1A to R-2 Mr. Tommy Bond of Bond Engineering stated that he is representing Mr. Clint Skiver the developer of Bellevue Subdivision. He noted the passage of a recent ordinance that would allow the mixed-use of single-family and multi-family. Acting City Engineer Whisker noted that the surrounding area has a mixed use of single-family homes, duplexes, and a small number of apartments. Vice Chairman Brannen opened the public hearing at approximately 7:07 p.m. In response to a question posed by Commissioner Young, Mr. Bond related a rezoning to R-2 would allow either single-family or duplexes to be built. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JOLY 9, 2007 7:00 P.M. -8:50 P.M. He noted that R-1 or R-1A would not allow for multi-family. Commissioner Gray moved, seconded by Commissioner Herbold to recommend the rezoning of the Bellevue Subdivision PH IV from R- lA to R-2 to the City Council. MOTION CARRIED. c. REZONING Foxwood Gardens/Loop Road and Northeastern Avenue from R-0 to R-2. Mr. Bond stated that the proposed development would be known as Foxwood Gardens, explaining that after speaking with Acting City Engineer Whisker the developer is requesting to change his request from R-2 to R-1. He stated that the intention of the developer is t o build s i ngle-family housing not multi-family. He went on to explain that the developer is proposing to build single-family garden style homes, adding that the lots are proposed to be 60' X 100'. He stated that the developer is requesting to reduce the setbacks to better fit the garden home- style development . He added that the homes would be between 1500 and 2500 square feet. He stated that the concept idea is that it would be a gated community, explaining that there wou ld be a second exit strictly for emergencies. He noted that the developer is proposing to build a lake in the area. He noted that the same design concept was approved in 2002. Vice Chairman Brannen opened the public hearing at approximately 7:11p.m. Acting City Engineer Whisker clarified that the request is for single-family homes, explaining that the request from R-0 to R-1 changes the lot size from 70' X 120' to 60' X 100' . Mr. Tommy Bond stated that the developer feels there is a demand for this type of development, relating that two were built in the West Haven area in Cabot and both were well received. He went on to say that most of the buyers have been older people who wanted a nicer home but did not want a lot of yard work. He explained that the development is planned for nicer upscale homes. Mr. Charles Evans of 1801 Steeple Chase stated that he has not decided if he is against the development , explaining that he came with a group of residents that are i nterested in hearing what is being proposed . He stated that he had heard the development would be zero clearance lots with 1500 square foot homes. He noted that the development would consist of 81 lots, also noting 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. that it would only have one entrance for ingress and egress on Foxwood Drive. He stated that it would be a lot of traffic to be directed to Foxwood Drive, which is already a busy street. Mr. Dan Brockman, 1300 Foxwood Drive, stated that he would like to know the exact square footage of the homes. He added that Mr. Bond had stated between 1500 and 2500, noting that there is quite a bit of difference in dollar value. He related traffic concerns on Foxwood Drive with speeders, saying that if additional traffic is added on a dead-end corner he feels there will be catastrophes. He stated that his house is valued at $250,000 and does not want to see low value homes that would lower the value of his property. Mr. Bond answered that he felt the size of the homes would be dictated by market demands, saying that he felt some buyers would want larger homes while others may want smaller. He stated that construction costs are approximately $125.00 per square foot, saying that the value of the homes would be between $175,000 to $250,000 or $300,000. Mr. Don Hall, 1513 Foxwood, stated that his home is located next to the proposed street, adding that when he purchased the home he was aware there might be a street constructed in the future. He stated that his main concern would be traffic noting that the school children catch the bus on that street. He stated that it is a busy street with children walking up and down the sidewalks on that side of the street. He stated that his biggest opposition would be the one-street concept. In response to a comment posed by Mr. Charles Evans of 1801 Steeple Chase, Chairman Brannen explained that the purpose of tonight's meeting is to decide the issue of rezoning, adding that specific development plans have not been submitted. He stated that this is not a matter of anyone being in a hurry. Mr. Charles Evans stated that he is concerned about the varied size of the homes, saying that he could not understand someone wanting to purchase a home of 2500 square feet next to a 1500 square foot home. He asked if the residents would be able to see in writing what the proposed plans for development are. He then questioned why an entrance for ingress and egress could not be off Loop Road. Chairman Brannen explained that the Planning Commission would make a recommendation to the City Council. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. In response to a question posed by Mr. Will Jones of 110 Foxcrest, Mr. Bond stated that the developer is proposing to develop a main entrance on Foxwood Drive where the street is stubbed out, adding that it would be gated. He then related that the other entrance would be an emergency entrance, which would not necessarily be open to anyone except emergency vehicles. He related that the emergency entrance would be located where Steeple Chase crosses and where the ditch is located. In response to a question posed by Mr. Charles Siegismund of 1400 Foxwood, Chairman Brannen stated that this is not the same type of development that was proposed and denied at the end of Main Street. He stated that he is not against garden style homes, noting that the same type of development in Little Rock is costing as much as $400,000. He noted that those homes started at $150,000 10 to 15 years ago and have increased in value. He stated that the homes in Little Rock feature alleys behind the homes for parking and that is where the garbage is picked up. He stated that he did not feel a 1500 square foot house would be conducive to this area. Mr. Cornelius Dargan of 1224 Foxwood stated that he is opposed to the proposal and questioned if the noise pollution would be addressed with the railroad. He stated that he would like to know how far back the trees would be cut down. Acting City Engineer Whisker stated that the noise issue has not been addressed, explaining that the request would be similar to a buffer strip between the back of the lots and the railroad track. He noted that there are homes currently in Foxwood that back up to the railroad tracks with a 10' to 20' tree barrier. Mr. Jesse Sexton of 101 FoxRun Cove stated that once the property is rezoned the property is changed and that is the main issue. Mr. Gordon Koops of 1612 Foxwood Drive stated concerns for the utili ties for a high-density area. He stated that there are 6" waterlines in that area where the water would have to come from. He stated that with 81 units off that line, the Fire chief would require on any given day that 1000 gallons per minute flow be maintained to fight a fire. He stated that he feels the waterline would fail that test. He stated that he is not sure if there would be adequate sewer for the area. He suggested that the water and sewer be taken into account before the property is rezoned. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. Chairman Brannen closed the public hearing at approximately 7:31 p.m. Acting City Engineer Whisker stated that the rezoning would strictly address the size of lots, adding that the size of the houses, the cost of houses, and additional streets are addressed at the time of the preliminary plat. He then explained that the bill of assurance would address the size of homes and the number of access streets would be addressed at the time of the preliminary plat. He stated that the difference between the current zoning of R-0 and the proposed zoning of R-1 is a smaller lot, which equates to approximately 10 to 15 more homes. He then answered that the development does not touch Loop Road, which would make it infeasible for an entrance from Loop Road. In response to a comment posed by a member of the audience, Acting City Engineer Whisker stated that regarding the lot size and size of the homes, the developer is requesting 20' front and rear yard setbacks. He stated that the idea is to have more house on less lot. There were concerns from audience members that smaller homes would lower their property values. Mr. Bond related that there has been a request for this type of housing in Jacksonville, clarifying that these homes would not be common wall housing. He stated that they would be single-family homes. In response to a question posed by Commissioner Young, Mr. Bond answered that the garden homes in Cabot are basically 1200 square foot. Commissioner Knight noted that those homes cost between $190,000 to $290,000, adding that those are among the most desirable housing in Cabot because of the safety and security measures. Ms. Katie Beak stated that traffic from Foxwood Drive onto Northeastern is difficult when school is taking in, adding that there is a policeman there every morning to help traffic from Foxwood Drive onto Northeastern. She stated that in the mornings and afternoons the area requires someone to direct traffic. Discussion ensued that in 2002 the developer presented the same development plan to the Planning Commission, which was approved but the developer did not follow through with plans to rezone and develop. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. In response to a question posed by Commissioner Herbold, Acting City Engineer Whisker related that the difference between developing the property under the current zoning and the proposed rezoning is 10 to 15 homes. Commissioner Dollar noted that if developed as typical single- family housing there would probably be more vehicles, whereas a development geared toward retirees would have generally fewer vehicles per household. Acting City Engineer Whisker stated the traffic on Foxwood Drive and Northeastern at peak times is an issue, saying that he is planning to research options regardless of whether or not the proposed subdivision comes to fruition. Commissioner Young stated he felt garden homes would be a good fit for Jacksonville, adding that however he feels this area might present a tight squeeze regarding garden homes as large as 3, 000 square feet. He stated that he would like to see some additional information regarding the design concept of the homes. Commissioner Young moved, seconded by Commissioner Dollar to deny the request to rezone. Commissioner Gray pointed out that it has been stated that Jacksonville needs to offer different housing concepts within the community. He related that garden homes, not zero lot line homes, are being proposed. He pointed out that the concept of garden homes cannot move forward without a rezoning, adding that he believes the community would be well served if this concept is properly designed and built. He stated that he would vote against the motion to deny; saying that he supports the concept of some garden homes in the community and neighborhood. He added that he is not sure if this is the concept that the Planning Commission would agree to be developed but wi LhuuL a rezoning, there would be no opportunity for any development of garden homes. Commissioner Herbold pointed out that if the request is denied it would be a year before the petitioner could resubmit a request to rezone. Commissioner Evans clarified that the motion before the Planning Commission is not a vote to approve the proposed plan but a vote to approve or deny the concept of garden homes in the City of Jacksonville. He added that the concept is something that the 6 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. Planning Commission has believed for some time would work if properly designed. He stated that if the rezoning is approved the Planning Commission would have ample opportunity to steer the development plans so that the majority of the community will be pleased with the outcome. He stated that the rezoning is the issue at hand but is not the final say in how the concept would be developed. Commissioner Knight stated that in her position she has seen many residents move to Cabot for the gated communities and security it offers. She then pointed out that an area in Pennpointe is the perfect example of a garden home community. She related that she would like to see the same type of development for this area, saying that retirees should have an area that affords a quality style of home. Commissioner Dollar stated that she would be in favor of the higher-end garden homes. She added that she could also see a need in the community for moderate garden homes as well, pointing out that some residents do not want a large lot to maintain. Commissioner Young pointed out that the rezoning is primarily to address the size of the lot for single-family development. He noted that the R-0 lot is 70' X 12' and the R-1 lot is 60' X 100', adding that the lots in Pennpointe are larger than 60' X 100, . Mr. Bond asked if the Commission would consider tabling the item for one month and allow the developer to bring back additional information and ideas. Commissioner Young moved, seconded by Commissioner Dollar to amend the motion to table the item of business until the next regularly scheduled Planning Commission meeting. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. IV FINAL PLAT Bellevue Subdivision PH Mr. Bond stated that he felt all issues had been addressed and now the area has been rezoned to allow a mix of single-family and duplex development. He noted that asphalt has been bonded, explaining that the weather has deterred that progress. Acting City Engineer Whisker agreed, saying that the bond would cover the costs of the sidewalks and asphalt as required. He then answered that the water and sewer has been completed. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. Commissioner Gray moved, seconded by Commissioner Herbold to recommend approval of the Final Plat of Bellevue Subdivision PH IV to the City Council subject to the completion of improvements. MOTION CARRIED. b. PRELIMINARY & FINAL PLAT Garrett Subdivision 214 Southeastern Mr. Jason Garrett stated that he is proposing a one-lot subdivision on Southeastern, adding that he is requesting a waiver of sidewalks, curb and gutter because currently there are none in the area. Acting City Engineer Whisker stated that the property is currently a metes and bounds description and the City is asking for the property to be platted in order to obtain the 25' road right-of-way. He noted that there is an existing sidewalk on the property, further explaining that there was a mobile home on the property and now Mr. Garrett is requesting to build a site built home. He stated that water and sewer are already on the property and Mr. Garrett is requesting a waiver of curb and gutter on 60' across the front of his property because there is no curb and gutter in that area of Southeastern. Commissioner Knight moved, seconded by Commissioner Young to approve the Final Plat of the Garrett Subdivision as requested. In response to a question posed by Commissioner Gray, Acting City Engineer Whisker stated that the City has no objections, noting that it would be unreasonable to ask Mr. Garrett to develop curb and gutter when the area has none. He stated that the owner would either seek a rezoning to replace the mobile home or build a site built dwelling if the plat is approved. At this time, MOTION CARRIED. c. SKETCH PLAT Edinburgh Subdivision Mr. Bond stated that he is representing Mr. Jim Peacock, owner of the property. He noted that plans were submitted three years ago, noting that the original road plan showed a road that started on Edinburgh and looped back to Martin Street, adding that would still be the plan for this proposal. He noted that the sketch plat before the Planning Commission is the first phase. He stated that there is a zoning division down the middle of Edinburgh Street, explaining that the north side of the Street is zoned multi-family and the property south is zoned single- family. He added that the developer is not proposing to change the zoning of the property. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. Acting City Engineer Whisker agreed that the zoning was divided by Edinburgh Street, noting that an ordinance recently adopted by the City Council allows for single-family development in multi- family zoning. He noted that the property zoned for multi-family is zoned R-3. He stated that it is obvious, because of flood plain reasons, that the street would be developed as a loop street as shown. He related that the street needs to come in and connect all the way around to where the apartments are located on Martin Street. Acting City Engineer Whisker clarified that the property north of Edinburgh Street and east to the railroad track and north to the ditch has not been rezoned and has held the zoning of R-3 even before the year 2000. He then clarified that the request of the property owner is continue development of the street beginning where it dead-ends on Edinburgh going to Martin Street so that he can develop the proposed Subdivision. He explained that the lots numbered 1 through 11 to the south would have to be developed as single-family, adding that since the numbering is different for the north side lots it is his assumption that the developer is proposing to build a different type of housing. In response to a comment from Mr. Bond, Acting City Engineer Whisker clarified that last Thursday evening the City Council adopted an ordinance that allowed higher classifications of residential zoning to be constructed in lower residential classifications. He explained that this would allow single- family homes to be built in multi-family zoning, i.e. if the property is zoned R-3, houses or duplexes could be built, the developer would not be restricted to just building apartments. In further clarification, Acting City Engineer Whisker stated that the developer has not presented any plans of development; he has only asked to lot the property as shown and build the street. Mr. Bond stated that when the plans were drawn the ordinance was not in affect, but the developer chose to plat the multi-family zoning as duplex. Acting City Engineer Whisker stated that his issues of concern would be the access from Edinburgh for the number of lots being proposed, and the access easement between lots 9 and 12 on the north side of Edinburgh. He went on to say that he has particular concern with lots 10 and 11 regarding the 30' access drive with no turnaround. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. Commissioner Gray questioned if the developer would giv en the opportunities of the recent ordinance, the property as R-0 more in line with the neighborhood. be amenable, to developing rest of the Mr. Bond stated that he had not discussed that option with the property owner, explaining that the only proposal discussed was to fit the current zoning . Commissioner Gray stated that the conc entration of housing would be a concern regarding the current traffic of the area. He stated that personally he would be more comfortable with single- family such as exists currently on Edinburgh Street. Commissioner Knight suggested the developer and return possibilities, noting concern and 12. She then included that Mr. Bond discuss changes with to the Commission with those specifically with lots 9, 10, 11, the density factor regarding the traffic as a negotiation concern. Chairman Brannen stated that if the developer were amenable, he would like to see the R-3 area rezoned to R-1. Given earlier discussion regarding possible directions for the development, Chairman Brannen requested a motion to table until next month. Commissioner Knight moved to table the sketch plat offering the developer an opportunity to return with further possibilities for the continued construction of single-family and access considerations. Members of the audience requested an oppor tunity to speak. Mr. Richard Olsen, president of the Stonewall property owners associ a tion and resident of 613 East Martin Street, stated that he and other Stonewall property owners we.re not aware of the issue until last Tuesday . He stated t hat they had no information regarding a public hearing, o ffering them no prior notificat i on. He issued concer ns f or Edi nburgh Lane, noting that the r oad is barely wide enough to support two cars passing, mentioning situations with a car parked on the street. He went on to say that the Street is being proposed as a feeder street for roughly nineteen duplexes minimum plus the eleven single-family homes, adding that with market conditions the single-family homes would probably be similar to what is c urrently in Stonewall. He noted that it has not been indicated if the duplexes would be rental or 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. individually sold. He stated that he would like to echo the concerns earlier by the Foxwood residents, saying that the Street is a limited access street the way it is being proposed. He stated that counting the duplexes there would be a minimum of 88 vehicles on that Street with no alternate access availability. He added that square footage for the homes has not been discussed. He mentioned concerns for property values, adding that he was informed that there are other ways to access the area. He noted that Stonewall is a dense area, noting that there are 503 homes in the Subdivision. He then issued concerns for the noise barrier noting that some of the homes would back up to the railroad tracks. He questioned the construction of the culdesac being in the existing flood plain. He asked that the Commission address those issues. Ms. Lisa Nickerbocker of 708 Nottingham Cove stated that her family had recently moved to Jacksonville declining to move to Cabot because of traffic concerns. She stated that Stonewall would not be the only area affected, noting that Collenwood backs up to the area of trees that would have to be cut down. She stated that deer live in the woods that come into the Subdivision. She related that after the retirement community was constructed off Martin they were not able to get an extra stop sign regarding the traffic. She stated concerns for the road not being wide enough, adding that children live in the area and there are no sidewalks. Mr. John Williams of 607 Martin Street stated that he chose Stonewall because of the amenities favorable to raising his family. He explained that he has five children and from a police officer's perspective he is able to offer that radar is run off Martin Street because of speeding and increased traffic concerns. He stated that if a development of this nature were approved he would be moving out of Jacksonville. He stated that for him this is about the children, admonishing the Commission should a child be hit by a car after the development is built because of the pedestrian child traffic going to the pool. He stated that he believes this is about money, understanding that Mr. Peacock has made a good living from real estate development but added that he does not want "a knife stuck in his back" to help Mr. Peacock make money. Mr. William's neighbor across the street stated that he has an 86-year-old mother in law that lives with his family and walks in the neighborhood every day. He stated that he has a shotgun and a 30-alt six, adding God help the Commission if she is hit. He 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. noted that with that being said, he himself is guilty of doing 40 mph on Martin Street, posing the question of how fast traffic that does not live within the Subdivision is traveling. He noted that there are duplexes on the other end of Martin Street across North First Street and he is not impressed with the way those properties have degraded. He stated that he did not want to see that happen in their neighborhood, especially since he has just invested $12,000 in modifications to his home. Ms. Deirdre Lawrence of 709 Edinburgh stated that her property is located next to the proposed development and questioned the size of barrier that would be established to keep people from trespassing onto her property. She stated that Edinburgh Street is not big enough for traffic to be going up and down the road regarding 80 to 90 extra vehicles. Commissioner Knight offered that because of these concerns she had suggested that Mr. Bond consult with the property owner and return with additional options regarding the development of the property including possibilities of widening the Street. Mr. Jim Gann of 704 Edinburgh stated that he is the first house turning onto Edinburgh, saying that single-family could be tolerated but duplexes to him are the same as the others on south James Street, calling them "crack filled" and saying that is what would be behind his house. Commissioner Evans questioned and Chairman Brannen concurred that the Commission has already recommended that Mr. Bond meet with the property owner to consider single-family for the R-3 zoned area and return with further options. Mr. Frank Kennedy of 710 Nottingham stated that he spends a lot of time working on his house, and the proposed development is adjacent to his property. He noted that the pla L .Cur review is only 1/3 of the entire property which would run from Edinburgh all the way back to Martin, adding that in total it would be more like 90 units. He then noted that there are no plans for a park, questioning where the children would play. He stated that currently there is a problem with other children coming across the railroad tracks and hanging out by the pool, adding that the houses along the way have been burglarized. He related that the development of duplexes would be adjacent to the retirement community, which is mostly widows, saying that it is too many people in too small of an area. He stated that the area is all flood plain, explaining that during heavy rains the ditches flood out. 12 CITY OF JACKSONVILLE , ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. Mr. Jim Moore stated that he is a member of the Stonewall property owners association, saying that he would like the developer to run with additional ingress and egress options. He explained that Edinburgh is only 27' wide including the curb, adding that Martin Street is 38' wide as a feeder street. He stated there is the possibility of another entrance in an area right before entering the retirement community, wide enough for the Street to go around. He added that he would like to see that as part of the return proposal from the developer. He then noted that at the end of Collenwood is another possible entrance, adding that Edinburgh Lane does not need to be a feeder street. He asked that the proposal return with additional ingress and egress. He stated that as an underwriter he is aware of the value of various types of housing and what it could do to an upper or middle scale neighborhood. He stated that he would move from Jacksonville if the duplexes were built. Ms. Pat Mosier of 710 Edinburgh stated that the senior residence has flooded so badly that carpet had to be pulled from the units. She stated that she has been in the neighborhood for 21 years and there have always been problems with flooding. She stated that Edinburgh Street was never designed to handle that much traffic. She asked the Commission not to let this mess up what is already built. Commissioner Gray seconded the motion to table the sketch plat offering the developer an opportunity to return next month with further possibilities for the continued construction of (R-0) single-family and access considerations. MOTION CARRIED. In response to comments from audience members, Chairman Brannen clarified that notification for public hearings are advertised in the local paper and posted. Acting City Engineer Whisker further explained that since plats are not public hearings when the agenda is released that is often the first notification of proposals. He then clarified that the property zoned R-3 has been zoned R-3 since before he came to City employment in 2000, adding that the first time plans were presented was Tuesday. He noted that the property was originally zoned R-3 by Ordinance 372, surmising that Ordinance 372 was adopted in the early 70's as early as 1972. He reiterated that the current zoning of R-3 for apartments has existed for that long, adding that it has not been changed or rezoned. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. Another audience member questioned protocol for establishing that homeowners be notified when changes are being proposed regarding subdivisions. He then stated that the sign posting Foxwood' s rezoning was not clearly visible. Acting City Engineer Whisker stated that notification regarding rezoning is outlined by State law, explaining that some cities do perfor m notification with i n a cert a i n p arameter o f the proposed property. He n oted that it would r equire a change i n Ordinance and alde rman names and numbers c ould b e obtained f r om the City Clerk. d. FINAL PLAT Porter's Subdivision Mr. Bond stated that most of the improvements are established and the developer has posted a bond regarding street improvement issues. Acting City Engineer Whisker stated that there are some minor constructi on issues and the d eveloper has posted a bond to redo some o f the curb t ha t was constructed incorrectly and to asphalt and fix the area at the edge as well as some other minor items. He related that water and sewer are already on the property and Mr. Porter has already purchased water meters and sewer. In response to a question posed by Commissioner Howard, Mr. Bond stated that the contractor has been directed to put holes in the back of the drainage box. Acting City Engineer Whisker stated that it part of the improvements yet t o be done, a dd i n g t hat the asphal t need s to run into that t o have the water flow proper ly . He then c l a rified t hat the Subdivis ion consists of e ight houses and t hey share driveways as required by the Planning Commission. Commissioner Howard moved, seconded by Commissi oner Young to approve the Final Plat of the Porter Subdivision as presented. MOTION CARRIED. e. PRELIMINARY PLAT Forest Glen Subdivision formally submitted as Nixon Loop Road Subdivision Mr. Bond stated that the preliminary plat following discussions with the Planning Commission during sketch plat phase , adding that the sewer pump station has been submitted to the Wastewater Department. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. Acting City Engineer Whisker stated that there are no issues as far as sewer is concerned, explaining that the development will have a sewer pump at the north end of the Subdivision. He continued that it would pump to the manhole on Gray Street, which avoids the East Pump Station. He stated that the developer is planning to build a 12' X 2 ~' box on the south end and a 7' X 3' box on the north around the middle section. He added that to take care of the drainage there is other piping coming out of Craft Street. He stated that the only other issue was a sidewalk along Loop Road. He related that he believes the developer has complied with request from the Planning Commission, noting that there are two entrances coming into the Subdivision. He stated there is an access to the south that leads to the First Electric property accessing the additional 4 0 acres . He then noted that two of the street names would have to be changed, adding that there was also some confusion regarding the subdivision name of Forest Glen regarding the Forest Oak Subdivision. In response to a question posed by Commissioner Young, Mr. Bond stated that there are no plans for a pocket park. He added that the developer would be amenable to setting aside a portion of land for the City to purchase. He then related that the location of a pocket park as previously designated with the Commission was discussed at length with the First Electric manager who expressed concern for liability issues. He added that he had referred the manager to the City Attorney, as the City is held harmless of those liabilities. Acting City Engineer Whisker answered that he had not spoken with the Parks Commission regarding this specific area for a pocket park, but is aware that the Parks Commission does support pocket parks. He added that the Parks Commission would have to review the suggested area for acceptance. He then noted that there is a sidewalk in the area that leads to Murrell Taylor Elementary School, which has a park to the rear. Mr. Bond added that it is the developer's intention to have a connecting walk that would lead to Murrell Taylor. Commissioner Young stated that he would like a letter from the Parks Commission regarding their position on a pocket park in the Subdivision. Commissioner Young moved, seconded by Commissioner Howard to approve the preliminary plat stipulating that a letter be forthcoming from the Parks Commission regarding pocket park status of the area. MOTION CARRIED. 15 BUILDING PERMIT(S): CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2007 7:00 P.M. -8:50 P.M. ADJOURNMENT: Vice Chairman Brannen without objection adjourned meeting at approximately 8:50p.m. Respectfully submitted, 16 JACKSONVILLE PLANNING COMMISSION AGENDA AUGUST 13, 2007 7:00P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE PLAT (S): a. Regular Planning Commission Meeting July 9, 2007 CONDITIONAL USE: 2311 Green Acres Road Daycare facility in R-1 Petitioner: New Testament Holiness Church b. REZONING: Foxwood Gardens/Loop Road and Northeastern Avenue from R-0 to R-1 Petitioner: Jack Wilson a. Representative: Bond Engineering (tabled at July meeting) SKETCH PLAT: Foxwood Gardens Loop Road and Northeastern Avenue Petitioner: Jack Wilson Representative: Bond Engineering b. REVISED SKETCH PLAT: Edinburgh Subdivision Petitioner: Jim Peacock Representative: Bond Engineering c. SKETCH PLAT: Besancon Property Red Fox Lane Petitioner: Paul Davis Representative: Bond Engineering d. SKETCH PLAT: Delaney Heights (temporarily named) Petitioner: Dana Nixon Representative: Bond Engineering d. FINAL PLAT: Wendi's Corner Petitioner: Wendi Hall Representative: R&K Services JACKSONVILLE PLANNING COMMISSION A G E N D A continued: AUGUST 13, 2007 5. REQUEST TO APPROVE PLAT (S) continued: 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT e. FINAL PLAT: Northlake Subdivision PH X-B Petitioner: Tommy Dupree Representative: Bond Engineering f. FINAL PLAT: Lot 1, Jacksonville Commerce Subdivision Petitioner: Jacksonville Commerce Corporation g. FINAL PLAT: Lot 2, Jacksonville Commerce Subdivision Petitioner: Jacksonville Commerce Corporation Marshall Road Pharmacy 811 Marshall Road Representative: R&K Services CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on August 13, 2007. 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., Chad Young, Susan Dollar, John Herbold, Tom Evans, and Alderman Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Aaron Robinson, Mr. Jim Peacock, Mr. Jack Wilson, interested citizens, petitioners, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Evans that the minutes of 9 July 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE of 2311 Green Acres Road for a daycare facility in R-1 zone. Chairman Traylor opened the public hearing at approximately 7:01 p.m. Ms. Tinikie Derico related that the New Testament Holiness Church is requesting permission to operate a daycare. Acting City Engineer Whisker stated that the Church is located on southern end of Green Acres Road off Madden Road, explaining that the daycare operation will be located inside the Church. In response to a question posed by Commissioner Dollar, Acting City Engineer Whisker stated that he did not anticipate traffic considerations, explaining that the Church has held services without problems. He then noted that Madden Road is an arterial street. Chairman Traylor closed the public hearing at approximately 7:03 p.m. Commissioner approved the Acres Road CARRIED. Brannen moved, seconded by Commissioner Dollar to Conditional Use of a daycare facility at 2311 Green for the New Testament Holiness Church. MOTION l CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. b. REZONING Foxwood Gardens/Loop Road and Northeastern Avenue from R-0 to R-1 Chairman Traylor opened the public hearing at approximately 7:04 p.m. Mr. Aaron Robinson of Bond Engineering stated that the proposal is the same rezoning request as last month, noting that a dedicated access to Loop Road has been added to the plat. Mr. Jack Wilson stated that his request is to allow for slightly smaller lots than the R-0 zoning. He stated that the request is necessary for the project but not necessary for the development of the land. He related that the current zoning would allow construction of smaller and/or less expensive homes in order to just develop the land, but explained that it not his goal. He related that he received numerous request from members of the community to consider a develop need for nice upscale garden homes, small in square footage. He noted that Sherwood just approved a 34-unit garden home subdivision, siding with a small amount of brick on 4 8' X 98' lots. He went on to say that Sherwood felt there was a need for this type of development regarding residents approaching retirement that wanted a smaller lot with maintenance provided. He stated that the project has been open for one week and he observed approximately 30 ladies touring the project as buyers. He stated that as of yesterday regarding the 34 units that were offered to the market, 16 are now sold. He then explained that he would not emulate this project because it does not have the energy features that he builds into his projects, adding that he builds all-brick homes. He stated that he believes there is a need for a low-maintenance type product that meets the needs of senior citizens, but is not as large as the homes they are selling, with smaller lots that du uuL require as much maintenance. He stated that these types of homes offer quality, security, and is what some buyers are requesting. He stated that a recent survey discovered that over 15,000 people in this Country were over 100 years of age, and it is estimated that in 2012 there will be 2.45 million people over 100 years old. He stated that the older population requests a quality, maintenance free smaller home. He related that while the Country-wide proposal of 1300 square foot is recommended, he is proposing to build 1500 square feet, all brick, sprinkler system, security system, maintenance provided type project. He stated that the homes would be super insulated, basically "green buildingn, 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. adding that they would have R-20 walls, R-45 attics, Tech-shield roofs, tank-less water heaters, and upgraded heat pumps. He related that he spends a lot of money on this type of development, noting that the quality of his work can be seen at the Country Club of Arkansas. He then related that because of the top quality of homes he builds he does not have a standing finished home in Jacksonville, Sherwood, Maumelle or Little Rock. He told the Commission that he is trying to meet a need in Jacksonville, adding that an alternative for the property could be to go with the existing zoning and build all siding 1200 square foot houses or even 800 square foot houses without garages. He stated that his is part of Jacksonville and that it is not his goal to just move the property. Mr. Charles Evans of 1801 Steeple Chase, representing the Foxwood neighborhood, stated their concerns were the increased traffic from an additional 78 lots in the area. He noted that there are two schools located in the direct vicinity and that the proposed development would add at least 160 to 180 additional cars in the neighborhood. He explained that many of the children walk to school, noting that there are no stop signs on Foxwood Drive. He then stated the inconvenience of residents trying to get out of their driveways with that much more traffic on Foxwood Drive. He then related that the noise factor would increase when the wooded area was cut, adding that he believes that the only people to benefit would be the developer and the real estate people. He questioned the reason to rezone, saying that the lots meet the same size that is already in Foxwood, 70' X 120' . He stated that the development should not be compared to Cabot but instead should be compared to Pennpointe, saying that approximately 8 larger scaled garden homes were built in Pennpointe and it worked out. He pointed out that some of the garden homes in Little Rock are 2800 square foot, adding that the larger garden homes would look good for years to come. He stated that he did not believe senior citizens would want to purchase homes that close to the railroad tracks. Mr. Dan Broughton of 1300 Foxwood Drive stated that he owns a business in Jacksonville. He then offered the Commission a satellite photo taken last week of the area, noting a train idling on the tracks. He then read from a letter he provided to the Commission. He stated that he lives adjacent to the proposed entrance to the development, noting that if a vehicle is parked on one side of the street another vehicle cannot pass. He related incidents in the neighborhood with speeding traffic on Foxwood Drive and the wait time for traffic moving onto 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Northeastern when school is in. He related that an emergency vehicle would not be able to operate efficiently because of the traffic, adding that the new subdivision would triple the rate of area traffic. He stated that he and his wife have lived in Jacksonville since 1973 and his property values have doubled in that time, adding that he does not want them to decrease by building a smaller valued property next to his. He stated that smaller lots and smaller houses would detract from the larger lots and homes that are in the Foxwood Subdivision and would lower the value. He then noted noise factors regarding the train and Loop Road, explaining that the noise would only make it difficult to sell those houses, lowering the price thus lower the value of the homes in Foxwood. He stated that Foxwood Drive is the proposed entrance, which is a two lane residential street that is barely wide enough for two vehicles to travel. He related there would be an enormous traffic increase that would put resident's safety in jeopardy. He explained that Foxwood Drive ends on Northeastern where the Pinewood School is located, adding that there is already a lot of traffic in the morning and afternoon. He stated that an increase in traffic would endanger the children that walk to and from school. He then stated that when a development is planned near another neighborhood, the residents should be notified by mail of what the plans are and how to obtain information. Mr. Wilson explained that he is the developer of Foxwood and that portions of Foxwood were developed with 1500 square footage minimums. He noted that the Country Club of Arkansas has a mix of $400,000 to $500,000 dollar homes with 1500 square foot homes, saying that a mix does not devalue the larger homes. He related that quality of the home establishes value, explaining that the proposed minimum is 1500 square feet but the market will dictate if the size of homes constructed is larger. He then cited that some of the lots are larger than 60' X 100'. He related that he plans to build a 10' to 12' berm along the railroad tracks with timber growth on top, which is a better noise barrier than what is there now. He stated that if the development has three entrances then it would not be a gated community, adding that he does not intend to leave the land undeveloped going forward. Mr. Bill Albright of 1413 Foxwood Drive noted all area schools and further implications to the existing traffic situations. He stated his concern for the safety of students and residents of the neighborhood. Chairman Traylor closed the public hearing at approximately 7:35 p.m. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Members of the audience voiced discontent with the public hearing being closed without further discussion from Foxwood residents. Mr. Evans stated, from his seat, that the residents do not want any openings onto Foxwood Drive. Commissioner Brannen related his concern that 75% of the proposed homes would be in the flood zone. Acting City Engineer Whisker stated that the developer would conform to the flood plain ordinance, which would be to either build up the lot, obtain a LOMA or that each house would have to be built 1' above flood plain. He then answered that the development would add water down stream toward Pinion Lane. Commissioner Herbold voiced his concerns for traffic, asking Mr. Wilson if there were any other options regarding traffic pattern. Mr. Wilson stated that he would be willing to have one entrance off Foxwood and one entrance off Loop Road. He then agreed that the road to Loop Road could be developed as a part of this development, noting that the property on Loop Road has a commercial zoning and he would probably want to rezone to something more compatible for the development. Commissioner Herbold stated that while he has concerns for the traffic, he also feels there is a need for this type of housing in Jacksonville. Commissioner Young questioned the feasibility of having an access to Northeastern instead of going out to Loop Road. Mr. Wilson stated that it is workable, but he does not believe that would be acceptable to most of the Foxwood residents. He added that he would be open to the road tying into Loop Road or Northeastern Avenue. He stated that he owns the development area immediately downstream and further, noting that there is no further development in the area. He explained that pass that area there is major flood plain with an area that is unable to be developed, adding that he would be the entity that would have to address any additional water displaced from this development. He stated that he plans to create small lakes for retention and detention on a controlled basis. He explained that he intents to have a LOMA for the property. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Mr. Wilson then answered that he intends to be the builder for all lots in the subdivision. Commission Young questioned if it would be possible to achieve garden homes on lots 70' X 120'. Mr. Wilson stated that it is not possible and it is not what the buyers would like, explaining that buyers of garden homes do not want the maintenance of larger lots. He stated that 60' X 100' is actually larger than what is needed to meet market demands, adding that successful projects are generally 40' X 90'. Commissioner Young stated his concern regarding how the fabric of the development would work with the larger setbacks and green areas of Foxwood. He noted that the houses would have garage fronts with concrete and 20' setbacks. Mr. Wilson related that he had just completed a development of 60' X 120' lots with front-load garages in the Country Club of Arkansas, saying that it is the best selling subdivision they have done because it met a need for the buyers who did not want a large yard to take care of. He then noted that a smaller lot would dictate a rear entry, saying that the down side of rear entry garages is the security factor. Mr. Wilson then answered that if the lots were 50' wide he would consider rear entry garages, pointing out that with rear alleys and streets most of the development would be paved. Commissioner Dollar rezoning should be are discussed. reminded the completed before Commission sketch plat that issue of considerations Mr. Wilson then answered that the best way to mitigate the noise is to build a berm along the railroad easement and plant the berm with rapid growth pine trees. He then noted that his development would be constructed of all brick homes featuring sprinkler systems and energy packages. He stated that there would be an option for maintenance of the property. Mr. Wilson then answered that it is his plan to have the first phase of the development at the entrance of Foxwood Drive featuring model homes that allow buyers to determine their needs. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Discussion ensued and Mr. Wilson replied that not all issues have been decided regarding entrances and whether the development would be gated or not. He stated that if gated, the gate would have to be set far enough in to handle any turnaround issues for traffic. Mr. Wilson acknowledged a commitment to the City to extend Foxwood Drive, noting that it was part of a commitment established when the last phase of Foxwood was approved. Acting City Engineer Whisker answered that any access Foxwood to Loop Road that bypasses the area of Foxwood Drive Northeastern Avenue would be a better way for traffic to flow. from and Chairman Traylor noted that such an access would make it a through street for vehicles going into the Foxwood Subdivision. Acting City Engineer Whisker pointed out that if the development is gated it would change that consideration. He noted that retention ponds have been discussed, and that utili ties would head to the south where there is a 16u waterline and that there is sewer to the south that is large enough to handle the required capacity. In response to a question posed by Commissioner Young, Acting City Engineer Whisker stated that it has not been decided if the retention ponds would be wet or dry, adding that being proposed as a fill area it would depend on how much dirt the subdivision would need. In response to a question posed by Commissioner Herbold, Acting City Engineer Whisker noted that of the two proposed Foxwood entrances the entrance on the east side between lots 1 and 72 is already stubbed for further street development. He noted that technically the other entrance is a lot that never sold, which has a drainage ditch along side of the lot. It was noted that there are two small wet ponds that exist in the proposed area. Mr. Dan Broughton questioned how much property values decreased when other gated communi ties were built, what are the considerations for the water run-off on the southeast side of the railroad tracks and if the extension off Foxwood Drive could be the emergency entrance while the other entrance off Loop Road becomes the main access. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Mr. Wilson stated that he would not propose that seniors use an entrance off a commercial road instead of an entrance through a subdivision street. He assured the Commission that the proposed subdivision would have a standard that would equate to the existing Foxwood Subdivision. Acting City Engineer Whisker addressed the question of drainage, saying that the property southeast of this development is proposed to be developed as Foxwood Estates and belongs to Mr. Wilson. He then stated that all drainage calculations are based on the same 6/10 of a co-efficient on a 4" rain plus the acreage. He stated that all streams are designed the same with some build out already calculated in. He then answered that regarding traffic considerations; he believes that attaching to Loop Road would alleviate some of the traffic problems. Mr. Wilson stated that there was no property value decrease regarding any of his developments. In response to a question posed by Mr. Evans, Mr. Wilson answered that he is willing to have an access from Loop Road, but is not willing to close the access to Foxwood Drive. Commissioner Gray stated that he feels this development is an opportunity for Jacksonville to have newer concept homes for residents that would desire a smaller lot. He stated that he believes Mr. W, who developed most of Foxwood, has done a good job and his statements show that he has planned a quality subdivision. Commissioner Gray moved, seconded by Commissioner Dollar to recommend the rezoning of the Foxwood Gardens from R-0 to R-1 to the City Council, stipulating garden homes with an access from Loop Road. Commissioner Young stated that he would like to see a rendering of the type of homes proposed for construction. He added that he favors the rear entrance type of garden home and feels that if there were a little more lot room it would be more cohesive to the exiting Foxwood Subdivision. Roll Call: Commissioners Gray, Dollar, Herbold, Evans voted AYE. Commissioners Brannen, Young, Howard voted NAY. MOTION CARRIED. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. REQUEST TO APPROVE PLATS: a. SKETCH PLAT Foxwood Gardens Mr. Aaron Robinson of Bond Engineering noted that many of the sketch plat details have already been discussed during the rezoning public hearing, offering to answer any additional questions. He stated that the drainage, water and sewer would be addressed at the preliminary plat presentation. Commissioner Young stated that he would like to propose considerations for a drive from Northeastern to protect the fabric of Foxwood. He stated that although it makes the Northeastern to Loop Road intersection that much more congested, he would prefer that to the alternative. Acting City Engineer Whisker stated that residents of Foxwood did not agree with that concept, but added that he does feel that Foxwood needs to be connected, pointing out that the street was left stubbed to make this connection. He stated that he feels having at least one connection onto Foxwood Drive and to Loop Road is important. Chairman Traylor noted that when a development concept was discussed several years ago, it was going to be a gated community of garden homes for retired residents, adding that he feels this type of development would not add that much more traffic. He related that he prefers the ideal of not making it a through street, citing the circumstances with Stonewall Drive. He stated that the idea of a gated community for retired residents sounds favorable. Mr. Wilson related that if it is the Commission's desire to have the street enter in from Foxwood Drive and go through to Loop Road, he would propose a roundabout to slow and control traffic. He continued that it would be his goal not to create a high traffic situation, since it is being proposed as a retirement community. He then stated that is one of the reason they had proposed a gated community regarding the security factor for seniors. He stated that he would be flexible, noting that there are many different alternatives. Mr. Wilson concurred that if an entrance were made available from Loop Road he would probably not make the subdivision a gated community. He stated that access from Loop Road would defeat the purpose, adding that he would consider the roundabout to deter the temptation of the road becoming a "race track" for younger drivers. He stated that he would redesign the streets to better control traffic. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. He noted that the turnarounds would slow traffic to approximately 10 to 15 mph. Commissioner Gray stated that the sketch plat as presented may require additional considerations. He asked Mr. Wilson to rework the sketch plat for further review by the Planning Commission. Commissioner Gray moved, seconded by Commissioner Brannen to deny the Sketch Plat of Foxwood Gardens as presented, to be redesigned. MOTION CARRIED. Chairman Traylor asked Mr. Wilson to bring conceptual photographs of the proposed construction. b. REVISED SKETCH PLAT Edinburgh Subdivision Mr. Aaron Robinson stated that the revision from last month would be that the single-family portion is the only area being proposed for development. He stated that the developer is asking for approval of the land use, which supports the current zoning, the street configuration and the proposed lots. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker related that the property along the south line of Edinburgh is zoned R-0 and everything to the north of Edinburgh is currently zoned as R-3 (multi-family). He stated that the Planning Commission had requested that the developer consider rezoning the R-3 property to R-0. In response to a question posed by Commissioner Young, Acting City Engineer Whisker stated that setbacks in the culdesac have been acceptable at 25' as long as the lot size meets the 7400 square feet. Commissioner Gray noted that last month the Planning Commission had requested that the owner of this tract and the owner of the remainder of the tract to consider rezoning from multi-family to R-0, as well as give consideration to future development and traffic. He stated that he does not see where those issues have been addressed in the current plat presentation, noting that to be of interest to the developer and the neighborhood. He cited the need for a better overall consideration for the potential of the rest of the development contractually. Mr. Robinson stated that the developer considered rezoning the remainder of the property but did not feel that at this time that he wanted to do, which is not to say that in the future Mr. Peacock might not want to rezone the property. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Acting City Engineer Whisker noted that at the last meeting it was also discussed that the culdesac on the north end was only a temporary culdesac as the road is suppose to continue to the north up and around Martin Street residences. In response to a question from Commissioner Herbold, Acting City Engineer Whisker stated that there are 12 lots currently on Edinburgh and the developer is proposing to add 10 more houses. He stated that the City has several subdivisions that have one entrance with this many, if not more, houses. He noted areas where the street has been stubbed for future development. He then answered that the maximum is 7 50 feet for culdesac length streets. Mr. Jim Moore of 606 North Haven Court stated that he is the Vice President of the Stonewall Property Owners Association and is speaking on behalf of the residents. He pointed out that at the last meeting one of the statements offered by Commissioner Gray was to "return next month with other possibilities for the continued construction of single-family and access considerations." He stated that was not addressed by Bond Engineering who is representing Mr. Peacock. He noted a rise in Stonewall Drive to the left of the entrance of Edinburgh Lane, explaining that the proposal to add 10 more houses on that street with 2.5 vehicles per house would increase the number of vehicles to 50 for the Street. He stated that there is a school bus that comes down Stonewall and there would be 50 vehicles exiting onto Stonewall at any time. He then noted that students stand at the corner to catch the bus, adding that Edinburgh Lane is not a feeder street and is not capable. He added that it is also not capable of handling the heavy equipment that would be moved in and out during the development. He stated that the developer was requested to return with further access considerations. He then noted that the surface and subsurface of Edinburgh would have to be built up as well as extended because people have to park on that street at their homes. He asked that the Commission deny the plat and request that the developer return with considerations as previously requested by the Planning Commission. Commissioner Herbold surmised that if develop an alternative access to possibility of the R-3 zone property offset development costs, would assumption. I I the developer were made to Martin Street then the being developed as R-3, to be a reasonably strong CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Mr. Moore reiterated that Edinburgh Lane cannot handle the heavy equipment, questioning what traffic problems might arise and mentioning that there are no sidewalks. He stated that if sidewalks have to be built the residents would loo~e o. lot of land on the front of their houses, adding that there is a move in Jacksonville to put sidewalks everywhere. Mr. Jim Peacock stated that he would like to address one of the main questions regarding width, ingress and egress of Edinburgh Lane. He presented the Planning Commission with a list of 11 Jacksonville subdivisions that have only one ingress and egress of 27' streets in width that have been approved and appear to be working properly. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker stated that Edinburgh Lane turns off Stonewall Drive and dead ends into the wooded area with barricades because it was intended to be extended for future development. In response to a question posed by Commissioner Herbold, Acting City Engineer Whisker stated that if a culdesac were built it would be big enough for a fire truck to turn around. He noted that culdesacs are more commonly used by the City sanitation trucks. It was agreed that a culdesac that can handle the sanitation and fire trucks could handle heavy equipment construction vehicles. He then noted that there is some flood plain in the area and he would research to determine if any of the proposed lots are in the flood plain. Mr. Joseph Brewer of 701 Chaucer Cove adjacent to Edinburgh Lane questioned if the residents would receive tickets for parking their cars on the street when construction begins. Acting City Engineer Whisker violation of City ordinance to street. He stated that it is that there is a problem. stated that currently it is in leave a vehicle parked on a City enforced when it becomes apparent Mrs. Pat Moiser of 710 Edinburgh Lane question the situation involved in widening Edinburgh and if the City would construct sidewalks. Acting City Engineer Whisker answered that all roads are 50' wide 25' either side of the centerline, adding that since Edinburgh Lane is 27' wide back to curb, back to curb that means the City has 11. 5 of yard that is City right-of-way. He added that this 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. is the standard that applies to all streets. He then explained that typically a sidewalk is constructed 2' to 3' behind the back of curb to offer a small buffer. Mrs. Moiser questioned why Mr. Peacock could not just construct a road through the rest of his property and leave Edinburgh Lane as a dead end. She stated her concerns for the students at the bus stop and children playing in the neighborhood. Mrs. Donna Harts of 707 Chaucer Cove noted that the proposed development would back up to the railroad tracks, questioning if the developer is planning to build a berm and what is the size and costs of the proposed homes. Mr. Peacock stated that at this point he did not have final plans regarding the size of homes, adding that it would be comparable to what is in Stonewall. He then answered that he had not looked at considerations for a berm. He then answered Chairman Traylor that this property would not be a part of the Stonewall Subdivision. He explained that the property was originally owned by his parents and was zoned for multi-family before Stonewall Subdivision was developed. He pointed out that commercial and multi-family areas exist driving into Stonewall Subdivision, adding that percentage wise Stonewall property values have increased more than Foxwood. In response to a question posed by Commissioner Herbold, City Attorney Bamburg stated that regarding approval for the road, a lack of consistency would be unwise for the Planning Commission. Commissioner Dollar stated that she has lived in Stonewall for 16 years, and while she loves the wooded area, she understands she does not own the woods. She related that the area is privately owned and as long as Mr. Peacock complies with all requirements set forth to regulate development, the Planning Commission does not have the right to deprive anyone from use of property. She explained that the Planning Commission can work with the developer to make sure the development is good for all concerned. Commissioner Gray stated that there is not an effort to deny Mr. Peacock the use of his land, explaining that there was a request of Mr. Peacock to present a plan of how traffic issues would be addressed and to consider zoning issues or if there are plans to developed as multi-family to then offer considerations for how the traffic could be handled. He stated his concern would be for a properly planned development that could address traffic issues 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. now and in the future. He stated that he would like to know what the potential access is for the remained of the property and how further development would affect traffic. He stated that he had asked for thi::. cldJ.:ification and it waa not presented, adding that given due diligence to the community he does not feel he can vote for a motion in favor of the plat. Commissioner Gray moved, seconded by Commissioner Dollar to deny the Revised Sketch Plat of the Edinburgh Subdivision as presented until additional information is presented regarding traffic considerations regarding future development of the remainder of the property and potential zoning. MOTION CARRIED. c. SKETCH PLAT Besancon Property Commissioner Gray seceded his position as Planning Commissioner, explaining that if he participated in discussion it would be on behalf of the petitioner. Mr. Robinson of Bond Engineering explained that the property consists of a 3-lot plat, noting that each tract is approximately 1-acre. He noted that the property is located on Red Fox Lane and utilities are available to site. Acting City Engineer Whisker related that the property had been before the Planning Commission previously as a 6-lot development and is now being presented as a 3-lot development. He stated that the Planning Commission has requested a recorded easement from Northeastern to the property and a turnaround regarding Fire Department equipment. He stated that he had discussed with the proposed developer that City Codes require that the development have a 20' wide path for fire trucks and support a fire truck but does not necessarily have to be asphalt or concrete. He stated that currently there is a 12' wide gravel drive, adding that he had informed them that if they wanted to keep the 12' drive they needed have rock on both sides and an asphalt turnaround big enough to handle a garbage truck. He related that the third item requested by the Planning Commission was that there be no more access to the west end of the property for this development to continue. He explained that it began in the 70's continuing into the 80's and then one or two additional houses were constructed in the 90's. He explained that a turnaround was requested so that the property owners would not continue to sell property further down a road that is not developed to City standards or dedicated. 14 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Acting City Engineer Whisker then answered that the developer has not completed roadway design, regarding the 20' needed for the garbage truck and Fire Department equipment. He then stated that his recommendation for the turnaround was that it be big enough to at least accommodate a garbage truck. He noted that there would need to be a 100' diameter for a Fire truck. Acting City Engineer Whisker then answered that since it would be a culdesac of less than 20 lots there would not be a requirement for sidewalks. He related that a turnaround would solve the problem of further development because it would not provide access to the west end of the property. He recapped that the property needs a recorded easement to the property from Northeastern, all three tracts being platted with a turnaround. He noted that once a plat is approved water will be brought to the property and a fire hydrant will be set, adding that sewer is available. Discussion ensued regarding the amount of easement to widen the road to 20' for Fire truck access. Commissioner Young moved, seconded by Commissioner Howard to approve the Sketch Plat of the Besancon Property as presented, stipulating that street improvement meet with Acting City Engineer Whisker recommendations and record easements. MOTION CARRIED. d. SKETCH PLAT Delaney Heights (temporarily named) Mr. Robinson related that there are three accesses off Graham Road, adding that it meets all requirements of the zoning criteria. He then noted that the property does consist of some flood plain area and the plat shows a temporary turnaround at the end. He added that between the two western streets there is a concrete ditch and a sewer line, explaining that the lots are adjacent to the easement end at the ditch so that there is no green space between the ditch and the back property line. Acting City Engineer Whisker related that the concrete ditch and sewer line run from Peal back to the ditch concurring that the back property line was located so that no one would have to cross the ditch and mow property on the other side. He stated that there is some flood plain and flood way on the north end of the property prohibiting building. It was noted that the concrete ditch that runs behind lots 34 through 43 also crosses lots 14 and 15 running directly north and south. 15 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. Acting City Engineer Whisker stated that he would review the zoning, saying that it is zoned either R-0 or R-1. Mr. Robinson offered lot 54 for purchase by the City for a pocket park. Commissioner Young related his desire to have subdivisions feature more creative design with curves and green spaces . Acting City Engineer Whisker pointed out the two closes park areas are Firemen's Park and Galloway Park. Commissioner Howard moved, seconded by Commissioner Herbold to approve the Sketch Plat of Delaney Heights (temporarily named), stipulating that the Parks Commission be offered review of the subdivision for pocket park consideration and a letter regarding that recommendation. MOTION CARRIED. e. FINAL PLAT Wendi's Corner Mrs. Wendi Hall Snell related that the property is located directly behind Western Sizzlin and that they are proposing to build a house. She noted that originally, the property was two lots but because of easements, it did not leave much property to build on. She added that she is replatting as a one-lot subdivision and turn the l ot in the same direction as the rest of the houses on the street. She explained that there are currently three houses and they face east. She stated that there is a sidewalk along Gregory Street and she is asking for a waiver of sidewalk for Bailey Street. Acting City Engineer Whisker related that the unrecorded plat was an approved subdivision through the Planning Commission but was never recorded. He answered that he did not foresee any problem with the subdivision, noting that the petitioner has requested a waiver from the sidewalk requirement. He noted that normally sidewalks would be required along Bailey and Gregory, adding that there is already a sidewalk on Gregory and there are no existing sidewalks on Bailey. Commissioner Howard moved, seconded by Commissioner Brannen to approve the final plat of Wendi' s Corner as submitted, waiving the requirement of sidewalks. MOTION CARRIED. f. FINAL PLAT Northlake Subdivision PH X-C Mr. Robinson related that PH X-C is a culdesac in Northlake, adding that as of today there were setting the base, the curb and 16 utilities are in. been bonded. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. He related that uncompleted improvements have Acting City Engineer Whisker related that this property is the last portion of PH X. He stated that the property is in the flood plain and has been filled, explaining that the developer will be required to get a LOMR or build houses 2' above flood elevation. He concurred that he did receive a check in lieu of asphalt improvements. He related that he believes there are only two or three more areas in Northlake to complete the original plat design. Commissioner Brannen noted that the lots in the flood plain are not designated on the plat. Acting City Engineer Whisker stated that those lots in the flood plain are lots 379 through 387. Mr. Robinson related that the LOMR has been applied for but has not been received yet. It was noted that lots in the flood plain would need to carry the "F" designation. Discussion regarding sidewalks ensued and Acting City Engineer Whisker related that originally there were going to be exactly 20 lots in the culdesac but that changed to only 12; explaining that the sidewalk requirement would not apply to a culdesac with less than 20 lots. Commissioner Howard moved, seconded by Commissioner Young approve the final plat of Northlake Subdivision PH X-C requiring that the "F" designation be included on the plat until such time a LOMA is established. MOTION CARRIED. g. FINAL PLAT Lot 1, Jacksonville Commerce Subdivision Acting City Engineer Whisker stated that Lots 1 and 2 are lots being considered for sale regarding commercial industry in the City of Jacksonville. He stated that lot 1 is located at the southwest corner of General Samuels and Commerce Drive and Lot 2 is located on the southwest corner of Swift Drive and Commerce Drive if the road were continued. He added that sidewalks would be required and built by the City. Commissioner Howard moved, seconded by Commissioner Young to recommend approval to the City Council the final plat of Lot 1, Jacksonville Commerce Subdivision as requested. MOTION CARRIED. 17 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. h. FINAL PLAT Lot 2, Jacksonville Commerce Subdivision He stated that Lot 2 is further south of Commerce Drive, but is located south of where Swift Drive is, leaving room for Swift Drive to continue to the west. He ::; La ted that the property consists of 3 acres and is directly across from the manufacturing plant that is on the southeast corner of Swift and Commerce Drive. He noted that sidewalks would be built along Commerce Drive. Commissioner Brannen moved, seconded by Commissioner Herbold to recommend approval to the City Council the final plat of Lot 2, Jacksonville Commerce Subdivision as requested. MOTION CARRIED. BUILDING PERMIT(S): Marshall Road Pharmacy 811 Marshall Road Mr. Gary Benton stated that he is requesting a building permit to extend the pharmacy located at 811 Marshall Road. He stated that 40 years ago when the building was built the average prescription count was approximately 40 to 60 prescriptions a day and now they are up to 200 prescriptions daily. He concluded that he requires more room to better service his customers. Acting City Engineer Whisker stated that it is his understanding that the Hospital originally owned the property and pieced the property out as it developed. He stated that there is .9' on the rear of the lot and 3. 3' on the side. He stated that he would question if the petitioner would need to apply for a variance due to the rear and side yard setbacks. City Attorney Bamburg clarified that the Planning Commission would need a variance from the Board of Adjustment in order to approve the building permit. The petitioner was directed to apply to the Board of Adjustment for a setback variance. Commissioner Howard stated that he had viewed the property and agrees with the need for expansion, adding that he did not feel there would be an issue in obtaining approval from the Board of Adjustment. He stated that Mr. Benton had indicated to him the construction plan to put a door into the existing wall and build out from that point, adding that it was discussed that new shrubbery would be planted at the south end of the building. Commissioner Young moved, seconded by Commissioner Herbold to table the building permit request until the regularly scheduled September Planning Commission meeting. MOTION CARRIED. 18 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 13, 2007 7:00 P.M. -9:26 P.M. ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 9:26 p.m. Respectfully submitted, 19 JACKSONVILLE PLANNING COMMISSION AGENDA SEPTEMBER 10, 2007 7:00P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting August 13, 2007 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE a. REZONING: 115 Spring Street from C-2 to R-1 Petitioner: Greg Brewer b. REZONING: 118 West Valentine Road Hallelujah Trailer Park from R-4 to R-1 Petitioner: Charles Cavin Representative: Bond Engineering PLAT (S): a. REPLAT: Tract 2 Madison Addition Petitioner: Chad Eddy Representative: Bond Engineering b. REVISED SKETCH PLAT: Foxwood Gardens PH I Petitioner: Jack Wilson Representative: Bond Engineering c. PRELIMINARY PLAT: Forest Oaks PH IV Petitioner: Jerry Smith & Jim Peacock Representative: Marlar Engineering d. PRELIMINARY PLAT: Westwood Subdivision formally submitted as Delaney Heights Petitioner: Dana Nixon Representative: Bond Engineering e. PRELIMINARY & FINAL PLAT: Tract "B" Jacksonville Shopping Center Petitioner: Mike Wilson Representative: Bond Engineering JACKSONVILLE PLANNING COMMISSION A G E N D A continued: SEPTEMBER 1 0, 2007 5. REQUEST TO APPROVE PLAT (S) continued: 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT f. SKETCH & PRELIMINARY PLAT: Dupree Estates Petitioner: Marcus Dupree Marshall Road Pharmacy 811 Marshall Road Representative: R&K Services TABLED FROM AUGUST MEETING OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. The Planning Commission of t he Ci t y of Jacksonville , Arkansas met in regular session on Sept emb e r 10, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to tho~e in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Chad Young, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Tommy Bond, Alderman Stroud, interested citizens, petitioners, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Young that the minutes of 13 August 2007 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of 115 Spring Street from C-2 to R-1. Chairman Traylor opened the public hearing at approximately 7:01 p.m. Petitioner was not present to represent and there were no members of the audience who expressed opposition to the request. Chairman Traylor closed the public hearing at approximately 7:02 p.m. b. REZONING of 118 West Valentine Road from R-4 to R-1 Chairman Traylor opened the public hearing at approximately 7:03 p.m. Mr. Bond stated that the request involves converting an old mobile home park into a single-family residential subdivision. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:05p.m. Commissioner Howard moved, seconded by Commissioner Gray to recommend to the City Council the rezoning of the 118 West Valentine Road formally known as the Hallelujah Trailer Park from R-4 to R-1. MOTION CARRIED. r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. REQUEST TO APPROVE PLATS: a. REPLAT Tract 2 Madison Addition into Tract 2A and Tract 2B Mr. Bond related that the property is located on Dupree Drive, adding that there may be an issue regarding the sewer and the developer is asking permission to work those concerns out with Wastewater Utility. Acting City Engineer Whisker related that the property had been part of a larger tract of land that belonged to the Dollar General Store, explaining that this tract is located directly behind the Dollar General Store and is being replatted into more equally proportioned tracts. He explained that Mr. Eddy is proposing to develop a strip center on Tract 2A and a single store on Tract 2B that would face James Street. In response to a question posed by Commissioner Gray, Acting City Engineer Whisker related that there is a platted 30' access on Tract 1 on the south side. In response to a question posed by Commissioner Gray, City Attorney Bamburg clarified that the easement is public. Mr. Bond offered that it would be privately maintained because it would not be a street, describing it as a private drive for public use. City Attorney Bamburg noted that there would need to be a documented access for Tract 2B. Mr. Bond questioned if access issues could be addressed in the bill of assurance. City Attorney Bamburg noted that could be one method for access issues. Mr. Bond stated that they could show the access on the plat as being dedicated to that parcel. In response to a question posed by Commissioner Gray, Acting City Engineer Whisker noted that the owner of Tract 1 also owns Tract 2. Commissioner Gray noted that as long as the properties were commonly owned there would not be a problem until one of the properties were sold then access would have to be documented. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. Acting City Engineer Whisker addressed the sewer issue, explaining that the manhole closest to Tract 2B may not be on City right-of-way and may require an easement from the property owner to the south. He explallletl Lhat whe11 the information was learned, Mr. Williams from the Wastewater Utility was not available for conference. In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker stated that he believes the sewer issue can be resolved internally through the Wastewater Utility and property owners. He stated that he felt it would only be a matter of small agreements to ensure there is permission to hook onto the sewer that is in the area. It was noted that sidewalk requirements would be along Dupree Drive and that the petitioner has not requested a waiver from those requirements. Commissioner Young moved, seconded by Commissioner Herbold to approve the Replat of Tract 2 Madison Addition contingent on sewer approval and dedicated access easement between property owners. MOTION CARRIED. b. REVISED SKETCH PLAT and PRELIMINARY PLAT Foxwood Gardens PH I City Attorney Bamburg advised that the preliminary plat would be removed from the agenda, explaining that the vote on the rezoning from R-0 to R-1 is invalid. He further explained that the vote would have required a vote from the Chair, adding that Chairman Traylor was not offered an opportunity to vote. He informed the Commission that the only reasonable way to correct the vote would be to re-advertise and host another public hearing on the issue of rezoning Foxwood Gardens from R-0 to R-1. He asked that the Commission suspend the rules and set a public hearing date. Commissioner Gray moved, seconded by Commissioner Herbold to suspend the rules and place a request for a special called public hearing on October 1, 2007 at 7:00 p.m. to address the rezoning request of Foxwood Gardens from R-0 to R-1. MOTION CARRIED. City Attorney Bamburg clarified that discussion regarding the sketch plat could be heard but matters of the rezoning or the preliminary plat would be for a later time. It was noted that part of the Tract considered for rezoning is currently zoned commercial. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. Mr. Bond stated that while he was not at the previous Planning Commission meeting his understanding is that an access to Loop Road was requested. He related that the revised sketch plat does show a primary access to Loop Road, adding that a second access onto Foxwood Drive has been eliminated. He stated that there would be three lots on Foxwood Ori ve that would be a part of Foxwood. He noted that the only access from Foxwood Drive would be the existing stub street, adding that he did not feel that it would be used as a primary access. He added that six or eight lots on the south side of the lake area have been deleted, adding that the lake area has been proposed as a park with a pavilion. He noted that the throat on the access to Loop Road has been widened to provide turning lanes in and out for accessibility. He stated that the other big change was proposing residential lots for the commercial area. In response to a question posed by Commissioner Evans, Mr. Bond stated that he was not sure of the status regarding the development being a gated community. He explained that it is good planning to have two accesses to any development. He added that he feels the demographic that the subdivision would appeal to would probably prefer that it be gated. He agreed that typically with a gated community there is an island where the gate operator is located and space to turnaround if you cannot gain access to the subdivision. In response to a question posed by Commissioner Young, Mr. Bond stated that in his recent discussion with the developer they have not talked about it being gated, adding that he presumes that the developer still believes it is part of the package desired by the demographic he is trying to appeal to. He then answered that there are two areas ( 39 lots) in the subdivision that have an alleyway rear load garages as a result of recommendations from the Planning Commission. He then related that the developer is proposing to construct an 8' berm along the railroad, but is not sure if the railroad will allow for part of that to be built on their property. He then noted that on the other side of the railroad tracks an 8' berm has already been constructed for the area known as Foxwood Estates. In response to a question posed by Commissioner Howard, Mr. Bond noted that the development is proposed to have two roundabouts to slow traffic. In response to a question posed by Commissioner Brannen, Mr. Bond stated that approximately 70% of the property is in the flood zone. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. He then explained that the commercial area adjacent to Loop Road has already been filled above the flood plain. He continued saying that the area is not extremely low but would require some fill. He stated that the developer wuuld go thr o ugh the process of having all lots removed from the f lood zone with a LOMA that will prevent the lots from having to carry flood insurance. Commissioner Young noted that the Foxwood residents are concerned about home values and he would like Mr. Wilson to present at the next meeting a design concept that would provide reassurance of the type of development being planned. He added that he feels traffic is also an issue, requesting that the developer provide a construction access from Loop Road. Mr. Bond concurred, saying that it would not be a problem to provide an architectural concept of the development, and that he believes the initial and only access for the development would be off Loop Road. It was noted that the initial plan was to start at the back corner of Foxwood but may have changed. Commissioner Young suggested a pedestrian access from the proposed deve lopment to Foxwood, allowing access to Foxwood and to Pinewood Eleme nt a r y School. Mr . Bon d replied that an access could be established through the drainage easement area. He added that he could not imagine a young family wanting to purch ase this type of horne , adding that it is not the market the developer is trying to appeal to. It was noted that the drainage easement is in the area of lot 24. In response to questions from Mr. Dan Broughton of 1300 Foxwood Drive, it was answered that none of the roundabouts are planned for outside the development and that there are no plans to widen any part of Foxwood Drive. Mr. Charles Evans of 1801 Steeple Chase questioned the reason to rezone if the commercial property is also platted for single- family homes. It was then explained that the rezo n ing would be heard on October 1, 2007. Mr. Bill Summers read from the minutes of a previous Planning Commission meeting, noting that Mr. Wilson had stated that if an entrance were ma de a vailable £rom Loop Road he would probably not make the subdiv ision a gated community. He went on to quote Mr. Wilson a s saying that an access from Loop Road would defeat the 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. purpose, but would consider a roundabout to deter speeding traffic. He stated that he feels it needs to be clarified as to whether the subdivision is going to be a gated community or not. Acting City Engineer Whisker stated that his understanding is that the subdivision was not going to be gated and the roundabouts were being proposed specific to the amount of traffic on Foxwood and Pinewood, further explaining that it would allow for another exit for those people that are having problems getting through the intersection during school times. Commissioner Young agreed that it would ease some of the traffic congestion out of Foxwood onto Loop Road; however, that he feels it would make the subdivision more valuable if it were a gated community. Acting City Engineer Whisker stated that he did not feel that the subdivision would be used as a cut-through unless it is more of a time saver even with the roundabouts. Commissioner Young expressed his desire for the subdivision to be a compliment to the Foxwood Subdivision; Acting City Engineer Whisker added that he felt a roundabout would be a nice attraction to the area. It was clarified that Mr. Wilson had abandoned the ideal of a gated community when the access from Loop Road was changed from being strictly an emergency access. In response to a question posed by Commissioner Herbold, City Attorney Bamburg clarified that it is not unusual for the Planning Commission to consider a sketch plat prior to the rezoning of said property. He noted that the rezoning must occur prior to the preliminary plat being considered. In response to a question posed by Mrs. Nancy Green of 1613 Foxwood Drive, Mr. Bond explained that a gate that can only be accessed by emergency personnel defines an emergency access. It was clarified that currently there is no planned emergency access and the two accesses being proposed is the current stubbed street on Foxwood Drive and a new access from Loop Road. Mr. Bond then answered that if the access to Foxwood is not gated there would be no way to control traffic going into Foxwood. He 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. stated that his thought would be that the Drive would not be the closest way to go outside of going to the Country Club. access onto Foxwood to any destination Acting City Engineer Whisker noted that if the access to Foxwood were gated then the Foxwood residents would not have the benefit of a through street to Loop Road. In response to a question if the Foxwood access could be made into the emergency entrance, Acting City Engineer Whisker stated that he is not in favor of only one entrance into any subdivision. He explained that any subdivision with more than a certain number of lots has to have more than one access into the community. He then responded that he was not in favor of the original design concept of having only one access with an additional emergency access. Mr. Charles Siegismund of 1400 Foxwood Drive stated that from his experience in living in Savannah Georgia, roundabout did not work and the town was forced to go back to having squares. He then answered that they did not work because of the failure of traffic to navigate the roundabouts. Discussion ensued regarding speed control on Foxwood Drive following the completion of the proposed development and it was clarified that it would not be within the purview of the Planning Commission. Acting City Engineer Whisker offered that as the City grows and subdivisions are developed that add traffic to existing streets, the City looks at ways to manage traffic. He stated that in this instance the City would look at the traffic and determine if enhancement were required to address speeding issues besides enforcement. He continued that the City has not put in speed bumps because of emergency vehicle access. He stated that currently he is considering Martin Street in Stonewall because the street is 36' wide and speeding is a problem. He related that a 27' street actually helps to keep speeding at a minimum. He stated that there may be a two or three-way stop at Foxwood and Northeastern, adding that ultimately traffic considerations would be addressed at the corner. Mr. Larry Rhine of 1607 Foxwood Drive noted that previously Mr. Wilson had stated that he would build a berm 10' or 12' and tonight Mr. Bond had stated that it would be an 8' berm, adding that he feels that would need to be clarified. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. Mr. Bond stated that the berm built along the other side of the tracks is an 8' berm. He added that he was not aware that Mr. Wilson had stated that it would be a 10 or 12' berm. Discussion ensued regarding relocating the roundabout to the park area. Mr. Bond responded that typically roundabouts are put at intersections and not on straight-aways. Acting City Engineer Whisker concurred that the best location for the roundabout would be at the intersection. Mrs. Marilyn Burton of 2119 Steeple Chase stated that she feels one reason the Foxwood residents have opposition is that so many different things have been stated that it is hard to have confidence when the development factors keep changing. She added that she feels the area would be used as a cut-through. She then noted that it was previously stated that the adjacent homes in Foxwood were 1, 350 to 1, 800 square feet, adding that there are 4, 4 00 square foot homes there. She related that if a third of the houses were 1,850 square feet or over in size there would be less concern regarding property values. She stated that she had viewed garden homes in Cabot, explaining that they were fenced and gated, adding that there is something that makes the development unique. She stated that there is nothing unique to this development. She expressed the concern of Foxwood residents regarding 104 1,500 square foot homes adjacent to a 4,000 square foot house. She stated that she feels the Foxwood residents should have assurances as to what is being built. In response to a question posed by Mr. David Hall of 1800 Steeple Chase, it was clarified that a retention pond would address drainage concerns. Mr. Charles Evans questioned the development being called Foxwood when it does not meet the standards of Foxwood. Commissioner Brannen stated that he believes Mr. Wilson should be present to answer questions from the Foxwood residents. Acting City Engineer Whisker stated that it is his understanding that the bill of assurance for the Steeple Chase PH VII allows for a minimum 1, 500 square foot house. He stated that he would make available bills of assurance for the surrounding areas in the City Clerk's Office. Commissioner Young moved, seconded by Commissioner Howard to table the Revised Sketch Plat for Foxwood Gardens PH I until the October 1, 2007 special called meeting. MOTION CARRIED. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. c. PRELIMINARY PLAT Forest Oaks PH IV David Jones of Marlar Engineering related that the lots in PH IV are slightly larger from 85' to 90' wide. He noted that the developer has agreed to have a second construction access that would be gated during the next phase of construction. Acting City Engineer Whisker related that given the number of existing lots along with the proposed number of lots there needs to be a second access to the subdivision. He stated that the road would continue east in the subdivision turning east onto General Samuels. He stated that there is already a dirt road. Mr. Jones concurred. It was noted that there are sidewalks in the proposed plan and that there were no sidewalks required in phase III since it was a culdesac under 19 lots. Commissioner Herbold stated that he culdesacs without sidewalks support regarding its Master Sidewalk Plan. does not the intent believe of the short City Acting City Engineer Whisker noted that the 20-lot culdesac rule has been in effect since the early 90's. Commissioner Herbold stated that if the culdesac is a phase of a larger subdivision then it should meet requirements for sidewalks. Commissioner Young concurred with Commissioner Herbold, agreeing that if the culdesac is a part of a larger development then sidewalks should be required throughout the development for continuity reasons. Commissioner Howard noted that there are plans for a joint meeting with the Planning Commission and City Council in the near future. Alderman Stroud stated that it is scheduled to be an i tern of business on the October 18th City Council agenda. Commissioner Brannen moved, seconded by Commissioner Evans to approve the Preliminary Plat of Forest Oaks PH IV contingent on a temporary gravel construction road 20' wide that would support fire trucks. MOTION CARRIED. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. d. PRELIMINARY PLAT Westwood Subdivision formally submitted as Delaney Heights Mr. Bond noted that there were slight modifications from the sketch plat that was reviewed by the Planning Commission one month earlier, noting that those modifications came as a result of floodplain and floodway issues on the north end of the property. He stated that the proposed development is very similar to Graham Settlement. He added that the bill of assurance would follow that of Graham Settlement. Acting City Engineer Whisker requested that the subdivision name be changed to something not similar to any existing development. He issued concerns for the temporary turnaround being constructed over an existing ditch. He then requested that a sidewalk be established along Graham Road. In response to a question posed by Commissioner Young, Acting City Engineer Whisker stated that there would be a sidewalk along Westwood Drive, adding that he would also request sidewalk access between lots 8 and 9 to provide access to the park. He then answered that the Parks Department had requested a park and the Parks Commission would meet to discuss that issue. It was noted that there is a sidewalk between lots 11 and 12, Acting City Engineer Whisker clarified that the concrete ditch is part of the sidewalks. Mr. Bond submitted the new name of Graham Woods for the proposed subdivision. In response to a question posed by Commissioner Young, Mr. Bond noted that as far as street improvements along Graham Road there is a proposed Highway project planned for that area. Acting City Engineer Whisker clarified that the City is receiving federal funding through Metroplan to widen Graham Road to four lanes. He added that the proposed project is on the TIP list for 2009. Mr. Bond added that the developer is offering the additional right-of-way needed for that project. Acting City Engineer Whisker noted that the same right-of-way was set aside when Graham Settlement was developed. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. Commissioner Howard moved, seconded by Commissioner Young to approve the Preliminary Plat of Graham Woods, stipulating additional sidewalk between lots 8 and 9 and along Graham Road . MOTION C~IED. e. PRELIMINARY & FINAL PLAT Tract "B" Jacksonville Shopping Center Mr. Bond noted that Tract "A" and Tract "B" was brought before the Planning Commission almost one year ago, noting that only Tract "A" was final platted when Wendy's new restau rant was proposed. He stated that the only issue is that on the east side of Tract "B" Acting City Engineer Whis ker has a sked for a 30' a c cess easement, adding that the developer is amenable to that request. Acting City Engineer Whisker clarified the area to be the drive between the lot area and Mr. Mike Wilson's law firm. Mr. Bond noted that all utili ties Wendy's restaurant (Tract "A") sidewalks. were was relocated when the new developed, including Commissioner Herbold moved, seconded by Commissioner Brannen to approve the preliminary & final plat Tract "B" Jacksonville Shopping Center with the addition of sidewa lks along Main Street & a 30' easement on the east side. MOTION CARRIED . f . SKETCH & PRELIMINARY PLAT Dupree Estates Mr. Raymond Hickey of North Star Engineering stated that Dupree Estates is a one-lot subdivision. Acting City Engineer Whi s ker stated that this property is part of an original 10-acre tract . He expl a i ned that t he owner sold his son two parcels and they are pUtting in sewer and will have to go back before the Sewer Commission to get their approval . He continued that being a part of a larger tract he woul d request that the preliminary plat show the larger tract as well as the t wo smaller tracts or the singl e tract that is being servi ced b y sewer . He noted that all acreage less t han 5 acres being separa t ed from other acreage has to be approved by the Planning Commi ssion, expl aining that t his was deeded off on a metes a nd bounds by an individu al. He stated that the primary reason is to provide for any s t reets or roads o n t h e l arger tract, to ensure 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. access. He stated that it is his understanding that there is a 50' access to the back half of the property but it needs to be presented to the Planning Commission. He recommended that Mr. Marcus Dupree be given a metes and bounds building permit so as not to delay the project, but added that he feels the property does need to be platted showing it coming from a larger tract. Mr. Hickey questioned how his client could preliminary plat property he did not own. Acting City Engineer Whisker explained that when the property was subdivided from a larger tract it should have been brought before the Planning Commission at that time, but that was not done. He added considerations for that should be brought before the Planning Commission. Commissioner Gray clarified that it is being asked that the larger tract be shown as a reference point to this plat. He stated that there needs to be proper references as to how the land was subdivided. It would offer a particular understanding as to how the surrounding property configures to the platted property. Mr. Hickey clarified for his understanding that the surrounding property should be added in reference to the platted property. City Attorney Bamburg clarified that while the Commission is requesting that the plat be modified for presentation as a sketch and preliminary plat, Acting City Engineer Whisker is requesting that the Planning Commission consider his request on a metes and bounds building permit for his tract of land. Commissioner Gray moved to approve a metes and bounds building permit for a 1.4 acre tract. Acting City Engineer Whisker added that Mr. Dupree is requesting relief from the requirements of curb, gutter, and piping along Cloverdale Road. He went on to inform the Commission that he had suggested that Mr. Dupree construct a sidewalk on Cloverdale. Mr. Hickey noted that there is currently no curb, gutter or sidewalk on Cloverdale Road. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. Acting City Engineer Whisker stated that there is not any sidewalk from Hwy 161 to Valentine Road. He noted that four years ago the Planning Commission granted a building permit without requiring curb, gutter, or sidewalk. HP. added that he would recommend that the Planning Commission require a sidewalk along the property, noting that there is a nearby school. Commissioner Gray commented that if this were a larger tract of land being proposed to be subdivided into a 1. 5 acre lot this would have been addressed with the property owner of the larger tract, adding that what seems onerous now with the smaller tract would not have been so onerous if the Planning Commission had looked at the entire development in the beginning. He explained that to be the reason that the Planning Commission particularly requested looking at the entire property. Commissioner Gray withdrew his motion to offer additional discussion. In response to a question posed by Commissioner Young, City Attorney Bamburg clarified that a metes and bounds building permit can be approved prior to approval of a sketch and preliminary plat presentation. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker stated that currently there are sidewalks along Valentine Road and CloverRidge Subdivision PH I through IV. He added that regarding the side of CloverRidge adjacent to the school is being asked to put in sidewalk as well as sidewalks through the subdivision to allow pedestrian traffic to the rear of the school. He continued that he does not believe that the property to the north on Cloverdale has sidewalks, explaining that it was developed on a metes and bounds and distributed as mobile home lots. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker stated that he believes this side of Cloverdale Road would develop with sidewalks. He added that he believes when the City has grant funding it will complete sidewalks along Cloverdale. Commissioner Howard moved, seconded by Commissioner Herbold to approve a metes and bounds building permit with sidewalk requirements and a waiver of curb & gutter. MOTION CARRIED. 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 10, 2007 7:00 P.M. -8:25 P.M. BUILDING PERMIT(S): Marshall Road Pharmacy 811 Marshall Road Mr. Gary Benton stated that he is requesting a building permit to extend the south end of his building regarding revenue and security. Acting City Engineer Whisker related that the property is a metes and bounds sold by Rebsamen Hospital, explaining that Mr. Benton was granted a rear and sideyard setback variance on the property. Commissioner Howard moved, seconded by Commissioner Gray to approve the building permit for Marshall Road Pharmacy at 811 Marshall Road as requested. MOTION CARRIED. ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 8:25p.m. Respectfully submitted, 14 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA OCTOBER 8, 2007 7:00P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting September 10, 2007 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE a. CONDITIONAL USE: Mixed use commercial and residential at 120 South Bailey Petitioner: Roberta Bonham b. Landscaping Waiver 1309 T.P. White Drive Petitioner: J.D. Ashley, Sr. & Associates PLAT (S): a. PRELIMINARY PLAT: Foxwood Gardens PH I 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT Petitioner: Jack Wilson Representative: Bond Engineering b. PRELIMINARY PLAT: Red Fox Subdivision a. Petitioner: Paul Davis Representative: Bond Engineering COMMERCIAL PLOT PLAN PLAT Internet Marine Sales T.P. White Drive Petitioner: Blake Huff & Van McClendon Representative: Bond Engineering ORDINANCE 1322 (#21-07) Modifying JMC § 16.20.020 b. Appointment to Board of Adjustment for remainder of 2007 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on October 8, 2007. Chairman Traylor opened the meeting at approximately 7:00p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Chad Young, Susan Dollar, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were Acting City Whisker, Mr. Tommy Bond, Alderman Bob Stroud, Mr. interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Engineer Jay Jack Wilson, Commissioner Herbold moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 10 September 2007. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE Mixed use commercial and residential at 120 South Bailey Chairman Traylor opened the public hearing at approximately 7:02 p.m. Ms. Roberta Bonham related her request to operate a salon on one side of the duplex and keep a residence on the other side. Chairman Traylor closed the public hearing at approximately 7:03 p.m. Acting City Engineer Whisker stated that the area is in the mixed-use zone, explaining this type of request to be the reason the ordinance was established. He then explained that the ordinance requires each request to be handled through the Planning Commission. It was noted that the Fire Marshall would need to inspect the building. Ms. Bonham answered that she would be the only beautician in the salon, explaining that she had leased the building in the early 90's using one side as a residence and the other for a salon prior to the incorporation of the mixed-use ordinance. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. Commissioner Young moved, seconded by Commissioner Howard to approve the conditional use as requested at 120 South Bailey with approval of the Fire Marshall. MOTION CARRIED with Commissioner Gray abstaining. b. Landscaping waiver at 1309 T.P. White Drive Gregory Place Shopping Center Chairman Traylor opened the public hearing at approximately 7:07 p.m. Mr. Greg Mueller, Director of Operations for J.D. Ashley & Associates stated that his firm is working with a large national tenant considering leasing the west end of the building. He stated that the space has approximately 22,000 square feet. He then noted that they became aware through a series of interactions with the City Attorney and Mr. Whisker that the landscaping would become applicable . He stated that according to the Ordinance the requirements of excavation, installation of curb, gutter, and irrigation system would cost approximately $220,000 without a variance. He stated that it is impossible to get enough rent from an older building to justify that kind of landscaping expense. He proposed a lesser degree, presenting a landscaping plan for consideration of variance. He explained that primarily the landscaping would be in front of the space that this tenant would occupy. He noted that the plan would include six islands in the parking lot with trees and irrigation. He noted that the area would have proper landscaping including a strip along the front and west side of the building. He related that landscaping would also be added to the strip along the outer road on the west side with curb and gutter along the main entrance with the addition of trees on the north side. He stated that landscaping is estimated between $65,000 to $80,000. Chairman Traylor closed the public hearing at approximately 7:11 p.m. Acting City Engineer Whisker stated that instead of landscaping the entire parking lot, the owner is proposing to landscape the area in front of the store. He explained that it would encompass almost the entire front corner, which is also the part that is most visible along T.P. White and the corner of Gregory Street. He stated that he feels the proposal is reasonable. He stated that this would also be his argument for the later discussion of the amendment ordinance to landscaping. He explained that it is 2 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. easier and more cost effective to comply with landscaping requirements with new construction than to come back and incorporate landscaping into existing commercial construction. He stated that this proposal is a prime example of working to get the right ends. Commissioner Young concurred with Acting City Engineer Whisker that in order to meet current landscaping requirements, the owner would have to fill in the entire parking lot with landscaping islands. Acting City Engineer Whisker noted that irrigation would have to cross the entire parking lot to serve all the islands. In response to a question posed by Commissioner Dollar, Acting City Engineer Whisker stated that the 50% mark was lowered when the building remained vacant; adding that when a big remodel was proposed it met the 50% requirement easily. He stated that even though they are only remodeling a section the requirement applies to the entire building as one unit, thus requiring the landscaping of the entire building. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker concurred that if this section of the building were separated from the rest of the building, the proposed landscaping plan would most likely meet requirements. Commissioner Howard moved, seconded by Commissioner Herbold to approve a landscaping waiver as requested for the Gregory Place Shopping Center. Commissioner Young complimented the landscaping plan, noting the opportunity for flexibility built into the present Ordinance regarding the City Engineer to make these approvals. He requested that the proposed denser landscaping across the front of the building be spaced out to freshen the entire face of the building. City Attorney Bamburg pointed out that the ordinance specifically requires the approval of the Planning Commission regarding any waiver or variance. In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker stated that the landscaping requirements would only come into question if the cost of the upgrade is 50% of the taxed assessed value of the land and the building. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. It was noted that the Big Lots store was leased prior to the adoption of the landscaping ordinance and when Ci ti Trends was leased, the renovations were less than 50% of the value. He related that this would be the first oppuLLunity for the landscaping ordinance to come into play for the building. At this time, MOTION CARRIED. REQUEST TO APPROVE PLAT (S): a. PRELIMINARY PLAT Foxwood Gardens PH I Mr. Tommy Bond related that PH I consists of the 10 lots as proposed in the sketch plat located in the northeast corner of the Subdivision. He continued that the concept is for Mr. Wilson to construct three or four model homes in order to sell the rest of the development. He related that a preliminary bill of assurance has been provided that addressed the items previously discussed during Planning Commission meetings. Commissioner Herbold questioned the time frame for constructing the berm, noting the increased noise factor once the trees are removed. Mr. Wilson stated that as soon as the excavation at the end of the phase is completed the berm would be constructed. He noted that one of the pending issues is approval from the Railroad because part of the berm will encroach onto their easement. He stated that it is his plan to build the berm as quickly as feasible, noting that dirt will be removed from what is proposed to be the lake area. He noted a correction in the bill of assurance regarding the architectural committee of Maumelle. Acting City Engineer Whisker answered that sidewalks would be constructed on the street coming into the Subdivision from Foxwood but would not be required in the culdesac areas. He clarified that the sidewalk would be along the extension of Foxwood and turning south and west. He then related that he had spoken with Mr. Wilson regarding the roundabouts being maintained by the property owners association. In response to a question posed by Chairman Traylor, Mr. Wilson noted that the Railroad has not yet been contacted regarding the berm, adding that he intends to approach the Railroad as soon as another issue regarding boring under the railroad tracks is resolved. He stated that even without using the Railroad's easement he would construct a berm regarding the noise factor. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. In response to a question from Commissioner Young regarding the fences along Loop Road and Northeastern Avenue, Mr. Wilson noted that it would be addressed through the bill of assurance for the next phase of construction. He stated that his hope is to construct the fence of all brick, noting the cost and adding that it will be decided later. In response to a question posed by Commissioner Young, Mr. Wilson stated that the architectural committee is the developer in the beginning, adding that it will then be controlled by the property owners association. Acting details face. City Engineer Whisker stated that the only remaining involve the street name and which way the houses will Commissioner Dollar moved, seconded by Commissioner Herbold to approve the Preliminary Plat of Foxwood Gardens as presented. MOTION CARRIED. b. PRELIMINARY PLAT Red Fox Subdivision Mr. Bond stated that there are a few specific i terns, namely an easement for a water line, but added that he believes the waterline is going to be removed. He then explained that there is a waterline installed approximately 30 years ago that runs from Madden Road across the Boyd property to this property. He then noted that a fire hydrant located in the middle of the field was removed because it leaked and was never put back. He continued that the Water Department has said they would install a new fire hydrant to service the area and extend the waterline out to tie into Northeastern Avenue as opposed to going across the field. Acting City Engineer Whisker stated the need for a waterline easement if the waterline crosses the east side of Lot 1. He then related that the development would require a 20' road, explaining that currently it is a 12' concrete road. He added that the developer is proposing to add 4' of asphalt on the south end, saying that the Arkansas Fire Prevention Code requires a 20' drivable surface. He stated that he had requested that the developer add a 4' rock surface, tapered around the existing manhole that would support Fire Department equipment. He then requested a sanitary sewer easement along the existing sanitary sewer, and a signed easement from the property owners from Northeastern to the property. He then related that he had received the bill of assurance. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. Mr. Bond stated that the signed easement is in production, adding that all parties, except two families, have signed the easement agreement. Acting City Engineer Whisker noted that the signed easement needs to be recorded before the preliminary plat is approved or be stipulated as part of the approval. He stated while these exceptions are minor they need to be stipulated. Discussion ensued regarding the placement of the waterline, and Mr. Bond stated that his understanding was that the Water Department was planning to bring the 6" waterline down the access easement. Acting City Engineer Whisker pointed out that the developer is proposing to add a 30' radius of asphalt to make a culdesac with a 20' additional radius making it 50' of rock for the turnaround. He then explained that the culdesac would be 100' in diameter, which meets the requirement for all culdesacs of a total of 95' . He explained that the largest vehicles to use this culdesac would be the garbage trucks, yard waste trucks, and the recycling truck. He added that the road needs to support those trucks, saying that asphalt would hold up better. He explained that without curb and gutter along the outside of the culdesac the rock would shift and move. Mr. Bond noted that normal traffic could turnaround on the 60' asphalt portion of the culdesac. Acting City Engineer Whisker then noted that the larger trucks would need to use the rock portion of the culdesac to make a turnaround. He and Mr. Bond concurred that the street will remain private. Commissioner Young moved, seconded by Commissioner Herbold to approve the preliminary plat of Red Fox Subdivision with stipulations for a waterline easement, sanitary sewer easement, 20' road, and signed recorded easement for the private road. Mr. Mathew Long of #9 Red Fox Lane questioned the timeline for completion of improvements. Acting City Engineer Whisker related that the preliminary plat approval is good for one year. Mr. Bond related that once the Planning Commission has given its approval the owner is ready to begin work. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. In response to a question posed by Mr. Larry Johnson of #7 Red Fox Lane, Acting City Engineer Whisker answered that Red Fox Lane has always been a private road and the maintenance has always been the responsibility of the property owners. He added that the City would not be responsible for the existing or the new part of the road. He explained that the road is not built to City standards of 27' back to curb, back to curb with curb and gutter plus a 100' radius of asphalt. He stated that it is his understanding that the residents along Red Fox Lane never wanted the road to be a public road. In response to a question posed by Mr. Mathew Long, Acting City Engineer Whisker stated that the name of Red Fox Subdivision is a result of metes and bounds property being platted as a small subdivision. He noted that all other properties on Red Fox Lane are a metes and bounds property description and are not a part of the Foxwood Subdivision. He added that he is not aware of any bill of assurance for the existing properties on Red Fox Lane. He stated that any restrictions on the properties would be part of the instrument when the property was purchased. At this time, MOTION CARRIED with Commissioner Gray abstaining from discussion and voting. BUILDING PERMIT(S): Commercial Plot Plan Plat for Internet Marine Sales on T.P. White Drive Mr. Bond noted that this request is similar to the other properties recently platted in that area, adding that the County requires submittal of a commercial plot plan plat. He stated that the plat has been submitted to the County and the property is located just outside the City limits. He stated that a septic tank, absorption field, and Jacksonville water would serve the property. He noted that there was a 2" waterline established at the lot corner approximately three years ago to service Cunningham Motors and this lot. He offered a rendition of the proposed construction, saying that landscaping would be provided. Acting City Engineer Whisker reviewed that a commercial plot plan plat typically means a preliminary plat and site plan approval to start construction. He stated that the last time this was presented to the Planning Commission there was discussion regarding the landscaping and sidewalk ordinances. He noted that this property is four large lots away from the City limits of Coffelt Road. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. In response to a question posed by Commissioner Herbold, Mr. Bond stated that because of the business name and the floor plan of the building, he believes the operation would be sales without maintenance service. He then noted an area that mentions Gervico warehouse with three bays. He stated that his presumption would be that the business would sell boats and prepare them for sale. He stated that the name of the business implies that it is an Internet business and the owner would ship parts. Commissioner Dollar voiced her favor of having sidewalk construction, noting that eventually the sidewalk would provide pedestrian traffic the opportunity to walk to other businesses. Acting City Engineer Whisker supported the concept of beginning a sidewalk network. Commissioner Young stated that the site plan would need to be revised to accommodate landscaping required in the parking area. Mr. Bond noted that the plan would go before the Pulaski County Planning Board at the end of the month. Discussion ensued and Mr. Bond reassured Commissioner Herbold that he did not feel the owner was planning to offer boat repair, but only to prepare new boats for sale and install accessories. Commissioner Young stated that he would suggest that a fence be constructed if the owner stores more than 20 to 25 boats on the property. In response to a question posed by Commissioner Young, Acting City Engineer Whisker noted that there is a restriction to asphalt all parking areas. City Attorney Bamburg stated that those requirements would only extend if the property were inside the City limits, which further extends to the landscaping ordinance and fencing requirements for inoperable vehicles. He offered that part of approval could require that the developer comply with all applicable City codes that could address issues of later uses. Commissioner Evans moved, seconded by Commissioner Howard to approve the commercial plot plan plat as a preliminary plat and site plan for Internet Marine Sales on T.P. White Drive, stipulating sidewalk and landscaping requirements and subject to enforcement of all applicable City code ordinances. MOTION CARRIED. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. GENERAL: a. ORDINANCE 1322 (#21-07) City Attorney Bamburg related that the ordinance is sponsored by Commissioner Young, explaining that the amendment would redefine major renovation from 50% to 25% regarding the assessed value of the property and landscaping requirements. He stated that the amendment would make the ordinance more stringent and applicable in more situations than it is now. Commissioner Young explained that there have been a couple of large companies that remodeled with new facades who did not provide any landscaping. He stated that the amendment's intent is to capture those instances and have some type of landscaping provided. He stated that the intent of the ordinance is not to discourage remodels or run businesses out of town but to improve the look and appearance of Jacksonville as a whole. He stated that the ordinance triggers the landscaping requirement at a lower tier to provide for a better streetscape. Acting City Engineer Whisker stated that as with the variance earlier, sometimes a specific cost has been figured in. He stated that he feels it would be easier to sell landscaping if there were a cap for an existing business. Discussion ensued regarding the percentage cap to be used for existing commercial businesses. In response to a question posed by Commissioner Howard, City Attorney Bamburg clarified that the existing ordinance requires maintenance of landscaping and enforcement by the City. It was noted that if a minimum percentage cap were adopted into the ordinance, a business would not have to apply for a variance unless it was outside that cap. Commissioner Gray stated that he supports a minimum percentage cap with directions to the City Engineer to work a dollar amount with the developer. He proposed 5% as a minimum level, with a 25% trigger level for the landscaping ordinance. He suggested that the wording be to the effect of "that the improvements be made to completely comply with the landscaping ordinance unless such cost exceed a minimum of 5%.n Mr. Bond offered that the Planning Commission consider a sliding scale. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. Commissioner Gray stated investor might mean more investor. that a $5,000.00 to the $100,000.00 than $50,000.00 to the million-dollar Mr. Bond offered that rather than a flat rate percentage across the board, there be a 5% minimum for up to a million dollar renovation with a backward sliding scale for over a million dollars. Commissioner Gray pointed out dictate what is to be done for total landscaping compliance for than 5%. that the inside improvements landscaping on the outside and a large project might be less In response to a question posed by Chairman Traylor, Acting City Engineer Whisker explained that because land is so valuable regarding larger projects the 50% trigger did not come into play even though they might have proposed a million-dollar renovation. It was noted that 25% would target more renovation projects. Chairman Traylor questioned prevent business owners from commercial property. if a lower trigger point would making any kind of improvements to Acting City Engineer Whisker offered that to be the reason the Planning Commission acts as the board of adjustment for landscaping and for that reason he is proposing a cap. Discussion ensued regarding the flexibility of the Planning Commission to work with commercial businesses that are trying to comply with landscaping efforts. City Attorney Bamburg clarified that it is a factor of how much will be spent on the remodel or renovation of the commercial business, currently once the 50% value of the property as identified by the assessors office has been triggered it becomes incumbent on the owner to comply fully with the landscaping ordinance requirements. He stated that compliance with the landscaping ordinance may require an astronomical figure because of the cost associated with retrofitting landscaping requirements. Acting City Engineer Whisker stated that he feels the current ordinance was meant more to address new commercial construction. He stated that having a cap is more feasible for a developer 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. figuring costs associated with a large renovation project. He added that he would only propose a minimum cap amount for renovation and not for new construction. He stated that he did not feel that landscaping requirements are a problem for new construction. Commissioner Evans stated that he would support a percentage cap, noting that it would largely prevent variance situations for the Planning Commission to review. Discussion ensued regarding the limitations of a cap percentage. cap percentage and the Commissioner Young stated that he would not mind having the Planning Commission review variance requests on a case-by-case basis and moving the trigger point from 50% to 25%. Chairman Traylor noted that if the trigger point were lowered it would increase the instances of variance request. Acting City Engineer Whisker noted that in most shopping center that does a good paint job and slight on the inside for a new tenant would trigger the 25%. cases any renovation In response to a question posed Commissioner Gray answered that while cheaper the renovations on the inside much as what the building is valued. exact rule of thumb. by Commissioner Young, the buildings are becoming are costing 25% to 50% as He added that there is no Acting City Engineer Whisker stated that most renovations would trigger the 25% more often than not. Commissioner Herbold voiced his support for setting the percentage at 10% with an opportunity to grant a variance. Acting City Engineer Whisker stated that in some cases it would still hinder owners from doing additional improvements to prevent triggering the landscaping ordinance and having to meet even a 10% landscaping cost. Commissioner Young stated that it is his understanding that the Commission is in favor of lowering the percentage basis from 50% to 25% to capture smaller commercial renovation projects, adding that a cap percentage could be incorporated into the ordinance by the City Council if desired. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. -8:25 P.M. Commissioner Evans stated that if the Planning Commission begins to see an increase in variance requests a determination could be made to develop a landscaping cap percentage. Commissioner Evans moved, seconded by Commissioner Dollar to recommend to the City Council the adoption of Ordinance 1322 (21- 07) as presented. MOTION CARRIED. b. Appointment to Board of Adjustment for remainder of 2007 Commissioner Evans to volunteered to serve the remainder of 2007 on the Board of Adjustment, filling t he unexpired t erm of former Commissioner Mark Stroud. ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 8:25p.m. Respectfully submitted, 12 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE PLAT (S): 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT AGENDA OCTOBER 1, 2007 7:00P.M. REZONING: Foxwood Gardens/Loop Road and Northeastern Avenue from R-0 and C-2 to R-1 Petitioner: Jack Wilson Representative: Bond Engineering REVISED SKETCH PLAT: Foxwood Gardens Petitioner: Jack Wilson Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 1, 2007 7:00 P.M. -7:47 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in special session on October 1, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to t hose in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Chad Young, Susan Dollar, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Tommy Bond, Alderman Robert Stroud, Mr. Jack Wilson, interested citizens, petitioners, and press. PUBLIC HEARING(S): a. to R-1. REZONING Foxwood Gardens from R-0 and C-2 Chairman Traylor opened the public hearing at approximately 7:02 p.m. Mr. Aaron Robinson of Bond Engineering stated that he is representing Jack Wilson of Woodhaven Homes. He noted that the sketch plat has been revised to incorporate comments made at the previous public hearing. He related that a Power Point p resentation has been prepared to offer an idea of the type of homes being proposed for construction. He noted that the development would feature some rear-loading lots as well as front-loading lots. Mr. Jack Wilson facilitated the presentation, saying that the houses being presented are the same type of houses that would be proposed for the 60' lots. He noted that all the homes would have architectural roofs with all brick, maintenance free exteriors. He added that there would be brick mailboxes and the homes are all energy effi ci ent with R-20 walls, R-25 attics, high-efficiency hea t p ump s , energy efficient windows, and tank- less wa t er heaters . He stat e d that the homes would be ind i vidual in style. He stated that in addressing requests from the area residents the main entranced has been changed to Loop Road with culdesacs in the area that is zoned commercial. He explained that if the main entrance is off Loop Road, he is requesting the additional rezoning of the commercial area. He stated that 30% of the lots would be rear load and 70% front load, adding that front load lots were designed for the lots that would be adjacent from the rear to the lake. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 1, 2007 7:00 P.M. -7:47 P.M. In response to a question posed by Commissioner Young, Mr. Wilson answered that the development is proposed to have 20' setbacks. Mr. Charles Evans of 1801 Steeple Chase stated that following meetings with area residents it was decided that if the developer would be willing to meet five requests they would not oppose the rezoning. He read request #3 from the letter request, "Throughout the construction process, all construction equipment and traffic will be held strictly to and from the Loop Road access; this will help ensure the protection of children who use Foxwood Drive to walk back and forth to Pinewood Elementary; and will help ensure some peace and tranquility to the present neighborhood while construction is on-going; and will serve to protect the present street from the extensive construction damage caused by heavy concrete and material trucks." He stated that the Planning Commission has the experience to know how much confusion and turmoil that it could cause. Chairman Traylor noted that the letter is on file as part of the record. Mr. Jack Wilson stated that he had read the letter and is willing to meet those request with the exception of item #3, explaining that it is not that he objects but that logistically it would be impossible. He explained that PH I is on the Foxwood end of the Subdivision, adding that the streets would not be accessible and the bridges would not be constructed on the Loop Road side of the development. He stated that short of building a temporary road up to PH I there would not be any access. He stated that he would agree to route all construction through Loop Road as soon as feasible. He then stated that in all fairness it would not be possible in the beginning because the first 10 lots are at the end near Foxwood Drive requiring access from the current streets. In response to a question posed by Chairman Traylor, Mr. Wilson stated that he is willing to meet the other four requests. He then answered that it is his intent to complete the Subdivision in two phases with the first phase consisting of the 10 proposed lots. He stated that this would provide an opportunity to have model homes built while the rest of the Subdivision is being developed. In response to a question posed by Commissioner Howard, Mr. Wilson answered that he believes he would be able to begin using access from Loop Road when the second phase begins. He noted that it would require a bridge and box culvert, which would take a little time to complete. 2 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 1, 2007 7:00 P.M. -7:47 P.M. He stated that he would make every reasonable effort to bring as much construction traffic as possible from Loop Road, but he cannot begin development with the stipulation that all traffic come from Loop Road at the start of the Subdivision. Commissioner Herbold noted that he had visited the site and witnessed a train that would have cut off traffic to the proposed Loop Road entrance. He commended Mr. Wilson for his concessions to the requirements of the neighborhood. He noted that one requirement was all brick construction, noting that he had viewed several homes through Foxwood that were not all brick. He then noted that the requirement of fencing the entire development was certainly an exception to development requirements. Mr. Wilson stated that he takes a lot of pride in the subdivisions he develops and his subdivisions have gained statewide recognition. He stated that in 2005, Building Arkansas Magazine named his company "Builder of the Year" in a statewide competition. He stated that he has achieved this by keeping good terms with the residents of communities that his company builds in. He stated that this promotes residents as sales people and that is what he is looking for with the Foxwood residents. He stated that he is willing to spend extra money to make the Subdivision nice; adding that he feels Jacksonville needs this type of development. He stated that studies show that the biggest market over the next 20 to 30 years that drive the housing industry will be the active adult population that is growing older. Mr. Larry Burton of 119 Steeple Chase pointed out that most garden home developments are surrounded by a fence and gate. He stated that he has viewed several garden home communities and his Church is considering the development of some garden homes as a retirement community geared toward the 55-plus age group. He related one negative aspect he discovered was that bills of assurances did not protect against housing trailers, boats, utility vehicles, and RV' s from being stored in driveways. He stated that one aspect noticeable in the Otter Creek garden home community was the clutter in the driveways. He recommended that the bill of assurance carry the provision of no vehicular items other than transportation vehicles being stored or parked in driveways. Mr. Bill Albright of 1413 Foxwood asked if Mr. Wilson would be amenable to holding down the construction traffic between 7:00 to 8:30 a.m. and again between 2:00 and 3:00 p.m. because of school activity. 3 r Mr. Dan Broughton of developer agree to only resort. He noted the debris and grease spots down Foxwood Drive. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 1, 2007 7:00 P.M. -7:47 P.M. 1300 Foxwood Drive suggested that the use the Foxwood Drive entrance as a last congestion on Foxwood Drive along with from the trucks that have already driven Mrs. Marilyn Burton of Steeple Chase in Foxwood pointed out the frustration for delivery trucks waiting for the school crossings during school letting in or out. She stated that it would be common to wait as much as 20 minutes for school traffic to clear. She stated that the Foxwood entrance should not even be a consideration because of the danger factor, noting that there are too many children on the street and sidewalks. She noted that she has witnessed deli very trucks moving very fast through the neighborhood, saying that these trucks are on a schedule and will not be concerned about the children in the street or area traffic. She stated that this is a major item for discussion. Mr. Wilson stated that there is no one more concerned about kids than he is, saying that every city built happens with construction activity going through the streets. He stated that unfortunately, no residential area is built in one phase and every completed area has to have construction equipment go through in order to gain access to the next phase. He offered that if anyone were to see speeding construction vehicles they should contact the Police Department, saying that it is illegal, dangerous and it needs to be stopped. He stated that if anyone who works for him were arrested because of dangerous driving he would refuse to bond them out of jail. He stated that no one who endangers children would be tolerated on his job sites. Chairman Traylor closed the public hearing at approximately 7:30 p.m. In response to a question from Commissioner Herbold, Acting City Engineer Whisker answered that during the construction phase of Foxwood PH X, he would assume that Foxwood Drive and Northeastern were used as access methods. He then answered that all roads last seven years and that the City has an overlay program to repair City streets, spending $250,000.00 annually. He added that if Foxwood Drive were to be damaged from the construction vehicles the City would be responsible for seeing that the road was repaired. Discussion need for ensued regarding the requested 20' setback and the a variance, City Attorney Bamburg concurred but 4 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 1, 2007 7:00 P.M. -7:47 P.M. clarified that the issue before the Commission presently is the rezoning. Commissioner Young noted Ll1dl assurance would be addressed presented. issues regarding the when the preliminary bill plat of is Commissioner Gray stated that in lieu of no further questions or discussion he would like to make a motion. Commissioner Gray moved, recommend the rezoning as MOTION CARRIED. REQUEST TO APPROVE PLAT (S) : seconded by Commissioner Brannen to requested from R-0 and C-2 to R-1. a. REVISED SKETCH PLAT for Foxwood Gardens Mr. Aaron Robinson noted that the traffic circles and rear loading lots have been incorporated into the sketch plat with a divided access from Loop Road. He then offered that there are two open green spaces for park areas. In response to a question posed by Commissioner Young, Mr. Robinson stated that the green areas would be maintained by the Parks Department. He then surmised that the Street Department would maintain the green area within the traffic circles. City Attorney Bamburg questioned if the areas being dedicated as park space is intended to be transferred to the City of Jacksonville for ownership. Mr. Wilson explained that typically if the subdivision is gated those areas would belong to the property owners, adding that if those areas are on public streets; cities ask that those areas be dedicated to the city. He stated that if the city did not want those areas then it could belong to the property owners' association. He stated that there would be offered lot maintenance and it would not be a problem to maintain the common areas. He added that if those areas belong to the City then they could be used by anyone, which sometimes creates issues. It was noted that all rear-loading lots are adjacent to a 10' alleyway. Mr. Wilson then answered that the out lot adjacent to lot 24 in Foxwood Gardens would be developed to that same standards as 5 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 1, 2007 7:00 P.M. -7:47 P.M. Foxwood Subdivision, answering that he would not be opposed to constructing a sidewalk that would lead from Foxwood Drive to Foxwood Gardens. It was determined that lots 1 & 2 would face the entrance drive from Foxwood Drive but could have a rear load or front load, which would be decided later. He stated that once there is a final layout, all lots with two way opportunities would be clearly designated as either a front or rear load. Commissioner Dollar commended the use of traffic circles, saying that it is a great traffic calming device and aesthetically pleasing. Acting City Engineer Whisker supported the plat saying that he approves of the traffic devices, pointing out that it also allows the Foxwood residents to have another outlet regarding their traffic congestion. He noted that the development would handle water problems from under Northeastern and Foxwood, featuring a water retention pond. He then noted that the out parcels would be developed to Foxwood PH IX standards. Commissioner Herbold moved, seconded by Commissioner Dollar to approve the Revised Sketch Plat for Foxwood Gardens as presented. MOTION CARRIED. ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 7:47 p.m. submitted, 6 JACKSONVILLE PLANNING COMMISSION AGENDA NOVEMBER 12, 2007 7:00P.M. 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting of October 8, 2007 Special Planning Commission Meeting of October 1, 2007 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE PLAT (S): 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT a. REZONING: 400 Block of North First Street to R-3 Petitioner: Ben & Susan Rice b. REZONING: Property on east side of South Oak Street/South First Street Petitioner: Clayton Engineering c. CONDITIONAL USE: 901 North First Street C-2 in a C-1 zoning Petitioner: Utility Support Systems H.J. (Jim) Voss, Property Manager PRELIMINARY PLAT: Cavin Estates Petitioner: Charles Cavin Representative: Bond Engineering SITE PLAN Tract 2B Madison Addition Petitioner: Chad Eddy Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. -7:41 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on November 12, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Chad Young, Susan Dollar, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Tommy Bond, Mr. Ben Rice, Alderman Bob Stroud, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Howard to approve the minutes of the regularly scheduled Planning Commission meeting of 8 October 2007 and the special Planning Commission meeting of 1 October 2007. MOTION CARRIED. PUBLIC HEARING(S): a. to R-3 REZONING 400 Block of North First Street Chairman Traylor opened the public hearing at approximately 7:01 p.m. Mr. Rice related that he is requesting that the property legally described as Lot 1, Block 1, N.E. and Harry Harpole Addition, Lots 1, 2 & 3, Block 4, Harpole Addition be rezoned to R-3. He added that with the current property owner's permission, he is also requesting the rezoning of Lot 2, Block 1, N. E. Harpole Addition addressed as 105 Brewer Street, to R-3. He explained that he has an option to purchase the property on Brewer Street and the owner Mr. Mallet is present in consent. He explained the development plan to construct apartments. He related that two of the five rent houses on North First Street have been demolished, explaining that two of the three remaining houses are vacant and will be torn down if the rezoning is approved. He stated that he feels the development would be an improvement for the neighborhood and would improve adjoining property values. He noted two other apartment complexes located further down on North First Street, citing North First Street as a good location for new apartment development. Chairman Traylor closed the public hearing at approximately 7:05 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. -7:41 P.M. Acting City Engineer Whisker noted that North First Street does have light commercial areas, explaining that Hall's Garage is located to the south of the proposed property and a framing shop is on the north end. He then clarified LhaL LlH::! p.roperty which fronts North First Street is zoned C-2 and the two lots directly behind are zoned R-1. It was also noted that two of the lots on North First were granted a conditional use of R-3 last year. Commissioner Howard concurred with Mr. Rice's statement that the development would be an improvement to the area. In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker noted that the development plan would be subject to the landscaping rules and regulations. Commissioner Brannen moved, seconded by Commissioner Dollar to approve the rezoning as requested in the 400 Block of North First Street from C-1 and R-1 to R-3. MOTION CARRIED. b. REZONING property on the east side of South Oak Street and South First Street Chairman Traylor opened the public hearing at approximately 7:07 p.m. Mr. Michael Clayton of Clayton Engineers stated that he is representing petitioner Justin Brewer. He explained that the property consists of approximately 14 acres located on the corner of Hwy. 161 and South Oak Street. He noted that adjacent and in close vicinity there is a mobile home park, apartments, duplexes, a warehouse for Centerpoint Energy, other commercial facilities, and single-family housing. He stated that in discussing development plans with Acting City Engineer Whisker, he learned that the Master Street Plan calls for the extension of Raney Place Street to South Oak Street, adding that Mr. Brewer is willing to extend the street as directed. He noted that the property has been primarily cleared, explaining that the developer is requesting a C-3 zoning excluding a 150' strip on the rear side of the property adjacent to the single-family housing area as a transitional zoning of R-2 going into the commercial rezoning. He noted that water and sewer are located in vicinity of the property, further explaining that currently Mr. Brewer does not have a commercial development plan in place but is working with speculators regarding potential retail development. He surmised that it would be in the arena of a 2 .) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. -7:41 P.M. small box store in similar size to the Dollar General, which could include fast food restaurants. He stated that this type of development is feasible given that the property is adjacent to Hwy. 161, adding that there has been an increase in traffic along Hwy. 161. He stated that he feels the rezoning request is a reasonable request given the zoning of the surrounding area. With no presenting opposition, Chairman Traylor closed the public hearing at approximately 7:15p.m. Acting City Engineer Whisker noted that the property is known as the "Taylor Property", adding that the property was recently sold. He then answered that he does not believe any of the property is located in the floodplain, explaining that any development would have to be engineered for the proper water levels. In response to a question posed by Commissioner Howard, Mr. Clayton stated that regarding the house currently located on the property; it is his understanding that the developer would rent the house in order to generate revenue at least until there is a full development plan regarding the southern portion of the property. He then answered that the R-2 area would be for the development of duplexes to provide a transition from the single-family to the proposed C-3. He stated that from a planning perspective they proposed the R-2 to provide a transitional zoning. He then explained that the developer is looking at constructing a road that would lead parallel on the property to provide a future access to the mobile home park, should he be able to obtain that property in the future. In response to a question posed by Commissioner Brannen, Mr. Clayton explained that the developer is requesting a rezoning to C-3 instead of C-2 because C-2 is traditionally designed for smaller commercial lots. He related that occasionally a larger retail might have problems fitting into a smaller lot. He stated that of the approximate 14 acres, the developer is proposing to rezone 11 acres for commercial. In response to a question posed by Commissioner Howard, Acting City Engineer Whisker stated that the Rainey Place residents he has spoken with were aware that the Street was proposed to 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. -7:41 P.M. develop through to South Oak. He explained that the Street has a "T" at the end that abuts the fence. He added that he feels a connection from South Oak to South Road is needed. Commissioner Howard moved, seconded by Commissioner Dollar to approve the rezoning of proposed Tract 1 to R-2, containing approximately 3. 33 acres and Tract 2 containing approximately 11.22 acres to C-3, regarding property located on the east side of South Oak and North First Streets as requested. Commissioner Brannen expressed concern that a rezoning to C-3 would possibly allow for the development of gas stations close to a residential area. Discussion ensued and it was pointed out that reasonably any gas stations would be constructed closer to the Hwy. side of the property rather than the residential property located to the rear of the property. At this time MOTION CARRIED. c. CONDITIONAL USE of C-2 in a C-1 zone located at 901 North First Street Chairman Traylor opened the public hearing at approximately 7:24 p.m. Mr. Jim Voss, property manager for Utility Support Systems explained that the property is the old First Electric building, adding that to the rear there is a warehouse area that is being proposed for production of hats that would be primarily sold on the Internet but also offered to the public. He stated that it would be a small, quiet operation. Chairman Traylor closed the public hearing at approximately 7:25 p.m. Acting City Engineer Whisker noted that the building was built with varied types of operations in mind. In response to a question posed by Chairman Taylor, Mr. Voss answered that while the majority of business would be done through shipping of Internet orders, they would also like to offer access to the public. He then answered that it would not generate much traffic, adding that it would only encompass a small rear section of the building that has a dock area. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. -7:41 P.M. He then explained that the building is occupied by several different kinds of tenants, pointing out that the rent is reasonable so the building mostly houses small upstart businesses. He related that the building is almost completely occupied, adding that the building has been updated to meet current City code. Discussion ensued regarding requirements for fire code, Acting City Engineer Whisker noted that it would need to meet all City codes before being issued a business license. Commissioner Evans moved, seconded by Commissioner Howard to approve the request for a Conditional Use of C-2 in a C-1 zone located at 901 North First Street. MOTION CARRIED. REQUEST TO APPROVE PLAT ( S) : a. PRELIMINARY PLAT Cavin Estates Mr. Aaron Robinson of Bond Engineering noted that the Planning Commission reviewed the Sketch Plat a few months ago. He explained that the developer is doing half street improvements to the through streets, and there is already curb and gutter in the Subdivision. He then noted that parts of the storm drainage are being updated. He stated that the Wastewater Department requested a change of note on the plat, adding that the Water Department has not made any comment yet. Acting City Engineer Whisker noted that the property was previously known as the Hallelujah Trailer Park, explaining that phase I will be along the outside streets. He then noted that water and sewer is available along both streets. City Attorney Bamburg offered that the Sewer Commission approval is contingent upon approval from the Health Department and one minor change in the plans. Acting City Engineer Whisker stated that in talking with the Water Department, it was discussed that it would be· run from a different path, explaining that there are two mains on Valentine Road. He related that the sidewalk would be along Mayfair and Borroughs Roads along with curb and gutter. He then noted that the area drainage would be improved drastically, explaining that the developer is reworking a narrow ditch into a much wider ditch with a concrete bottom to accommodate the actual area water flow. It was then noted that the Subdivision is located in the direct vicinity to Homer Adkins Elementary School and has direct access by sidewalk. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. -7:41 P.M. Acting City Engineer Whisker remarked that the immediate area has seen large-scale improvements with the development of over 225 new homes. Commissioner Brannen moved, seconded by Commissioner Howard to approve the Preliminary Plat of Cavin Estates, contingent on Water and Sewer Department approvals. MOTION CARRIED. BUILDING PERMIT(S): SITE PLAN Tract 2-B Madison Addition Mr. Aaron Robinson of Bond Engineering related that the property is a tract located between Fred's Discount Store and the Dollar General Store. He explained that the property owner js proposing to develop a 1500 square foot commercial building. He stated that both water and sewer are at the site, but added that there is a small piece of land off this parcel that will have to be crossed to access the sewer manhole. He related that the developer is trying to procure an easement from the adjacent property owner, and that he believes the sewer issue is the only outstanding issue. Acting City Engineer Whisker reminded the Commission that the property was presented as a replat two months ago and a stipulation regarding the sewer was issued. He stated that there is no problem with the building or replat but noted that there is no landscaping shown on the plat. He stated that he is not sure why the Planning Commission is reviewing a site plan when stipulations for the replat have not been met yet. He then added that if the replat is achieved, the developer would not have to present a site plan if the proposed development meets all setbacks. Mr. Robinson site plan be be resolved. explained that the developer had requested that the submitted hoping that outstanding sewer issues would He added that if the Commission would prefer, he would request the i tern be tabled until issues with sewer are resolved. Commissioner Dollar moved, seconded by Commissioner. Brannen to table the item of business until sewer issues are resolved. Discussion ensued regarding parking requirements and the developer's intentions for parking. Commissioner Young noted that the area has a substantial amount of existing parking. Acting City Engineer Whisker noted that the Dollar General Store did follow the landscaping ordinance for their parking area. 6 ( CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISS~ON MEETING NOVEMBER 12, 2007 7:00 P.M. -7:41 P.M. Commissioner Young noted that the proposed development is setback between the two existing retail stores, questioning if it would be feasible for the building to be moved forward and allowed to share parking with Fred's. Acting City Engineer Whisker stated that he would· not have a problem with that concept but noted that the developer would need permission from the adjacent property owner to share parking. It was noted that moving the building forward would also create a setback issue. At this time, MOTION CARRIED. GENERAL: ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 7:41p.m. Respectfully submitted, 7 JACKSONVILLE PLANNING COMMISSION AGENDA DECEMBER 10, 2007 Cancelled items of business were carried over to January 2008 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE PLAT (S): 6. BUILDING PERMIT (S): 7. GENERAL: ADJOURNMENT a. FINAL PLAT: Red Fox Subdivision Petitioner: Paul Davis Representative: Bond Engineering b. FINAL PLAT: Cavin Estates Lots 1-4 Petitioner: Charles Cavin Representative: Bond Engineering NOMINATION of 2008 Planning Commission Officers and Volunteers for 2008 Board of Adjustment PAGE