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2009JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: AGENDA JANUARY 12, 2009 7:00P.M. Nomination of 2009 Planning Commission and Board of Adjustment Officers Regular Planning Commission Meeting of December 8, 2008 4. PUBLIC HEARING (S): a. REZONING: Lots in Brown Addition from R-0 to R-3 5. REQUEST TO APPROVE PLAT (S): Petitioner: Dickie Penn Representative: Bond Engineering (vicinity map included in packet) b. REZONING: Lots in the Meadows Subdivision from R-1 to R-2 Petitioner: Tammy Tompkins Representative: Bond Engineering (lot drawing included in packet) c. CONDITIONAL USE: 8315 Hwy. 161 regarding a vehicle storage facility Petitioner: GT Wrecker Service Representative: Greg Bradley a. REPLAT: Lots 1-6 & 48-53, Block 2, Brown Addition to Lot 1 of Penn's Replat Petitioner: Dickie Penn Representative: Bond Engineering (plat included in packet) b. FINAL PLAT: Lot 5, First Place Commercial Addition Petitioner: Jim Green Representative: Bond Engineering (plat included in packet) JACKSONVILLE PLANNING COMMISSION A G E N D A continued: JANUARY 12, 2009 PLATS continued: 6. BUILDING PERMIT (S): 7. GENERAL: ANNOUNCEMENT (S): ADJOURNMENT c. PRELIMINARY PLAT: Northlake Gardens & Northlake Subdivision PH XIII Petitioner: Tommy Dupree Representative: Bond Engineering (plat included in packet) SITE PLAN: 201 North First Street Lighthouse Charter School Petitioner: Jim Green (site plan included in packet) OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on January 12, 2009. 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., Susan Dollar, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (7); ABSENT (1); OPEN SEAT (1). Others present for the meeting were City Planner Chip McCulley, Mr. Tommy Bond, interested citizens, petitioners, and press. Nomination of 2009 Planning Commission and Board of Adjustment Officers: Commissioner Brannen moved, seconded by Commissioner Gray to nominate Mike Traylor as Planning Commission Chairman for 2009. MOTION CARRIED. Commissioner Gray moved, seconded by Alderman Howard to nominate Chad Young as Vice Planning Commission Chair and Board of Adjustment Chairman for 2009. MOTION CARRIED. Commissioners Brannen and Gray volunteered to serve on as members serving from the Planning Commission on the Board of Adjustment. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 8th December 2008. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Lots in Brown Addition from R-0 to R-3 Chairman Traylor opened the public hearing at approximately 7:05 p.m. Mr. Tommy Bond of Bond Engineering related that the proposal is to construct 21 rental units with a clubhouse. Mr. Penn, owner and developer, offered that he proposed to maintain the existing Gwatney house to be used· for management purposes. He stated that the development would be senior housing for 55 years and older. He then answered that he is not proposing to gate the property unless the need arises. He then related CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. that each unit would be individual, 6' the square footage is projected to bedroom -one bath houses. apart. He explained that be approximately 8 50, two Mr. Bill Engle related that he lives directly behind the Gwatney house, saying building these houses in a regular residential area would bring down the property values. He stated that he is against the proposal because of property values, adding that he would not like to have that type of housing in his area. Ms. LeAnn Elliott noted that she and her husband live on Jeff Davis to the left of the Gwatney house. She questioned if the property would be Government subsidized. Mr. Dickie Penn answered that Government subsidized or income be fair market. He then agreed available for two cars each. the development would not be qualified, adding that it would that each unit would have space Ms. Elliott remarked that there would be as many as 48 cars. Mr. Penn assured Ms. Elliott that the property would be completely fenced with a 6' fence. Ms. Elliott then questioned the plans regarding the drainage ditch and utility lines. Mr. Penn related that the utilities for the development would be underground, adding that the existing line would be moved. He answered that he would not be clear-cutting the entire property and that the fence would be a wood privacy fence. Discussion ensued regarding any anticipated decrease in property values, Ms. Elliott pointed out that property values dropped when the development down the street was constructed. Mr. Penn then answered that all access to the property would be strictly from James Street. Ms. Elliott stated that it would be good if they could see a design for the development. Mr. Penn demonstrated for Ms. Elliott the layout and the proposed access. Mr. Penn then answered that he is not planning to develop Bertha Street to the east of the property. 2 ' J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. Ms. Elliott issued concerns for the drainage and Mr. Bond noted that plans for improving the drainage would be addressed when they return with a preliminary plat. He then assured her that the drainage issues would be addressed. City Planner Chip McCulley explained that the development process begins with the rezoning, followed by the property being platted. He noted that there is a preliminary and then a final plat, followed by a site plan. He noted that all four steps have to be submitted to the Planning Commission for review. He stated that following discussion of the rezoning, the Planning Commission would consider submittal of the Preliminary Plat, which is the property boundary. He stated that following the preliminary plat; in subsequent months, the developer would submit the final plat, which shows placement of utili ties and any easements. He then noted that the site plan would show the actual building footprint, driveways, road rights-of-way, and any infrastructure improvements such as drainage. He reiterated that tonight the question before the Planning Commission is the zoning; the use of multi-family for multiple units on one piece of property for seniors 55 and above. Mr. Bob Stroud stated that Jacksonville needs this type of housing, saying that in his church four elderly ladies moved from the Jacksonville area because of a lack of satisfactory housing for elderly. He noted that there are other elderly citizens that have already expressed interest in this development. He stated that while he is against rental, he feels this development is more like condominiums. He stated that he supports the development. In response to a question posed by Commissioner Evans, Mr. Penn related that currently the property is owned by Second Baptist Church. He concurred that he is negotiating the purchase contingent on the property being rezoned. Commissioner Gray stated that following a rezoning of the property, he would be concerned if a different development plan were to come forth from what had already been presented. He stated that he would be in favor of rezoning to R-3, but felt that if developed any access would need to be off James Street and not Jeff Davis. He stated that he would not vote favorably on future votes if the access were not restricted to James Street. Chairman Traylor agreed with Commissioner Gray. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. Commissioner Herbold noted that he has made statements recently regarding the higher percentage of rental property in Jacksonville. He stated that the national average regarding housing units that are renter occupied is 30.8%. He related that Arkansas' average for rental property is 27.2%; and Jacksonville's percentage of housing units that are renter occupied, according to a 2000 census, was 52.7%. He added that the 2006 Jacksonville City Demographics Report has the percentage at 52%. He stated that not counting the LRAFB, the percentage drops to 50.4%. He then related that if you do not count the people stationed at the Base and renting in Jacksonville, the percentage drops to 45.46%. He related that he feels the pertinent question is what would each of these proposals do for the City of Jacksonville? He related that if it cannot be said that it is providing something that Jacksonville needs, then he will consider denying proposals that turn R-0 or R-1 into rental property. He stated that he feels he has an obligation to prevent the percentage of rental from increasing. He noted that regarding the proposal, he feels this offers elderly residents an opportunity to rent an individual housing unit. He stated that he feels this fits the criteria of presenting a development to the City that the City does not have. He explained the sources for his stats. Commissioner Dollar noted that once zoned to R-3 the property becomes open to all permitted uses of an R-3 zoning. She added that she supports the project as presented thus far. It was clarified that a stipulation of development could not be attached to a rezoning approval. Alderman Howard stated that he would like to see a development time limit placed on approved rezonings, such as two years. He related that other communities have adopted similar regulations. He noted the possibility of other developments occurring differently from the intention of when the property was originally rezoned. City Attorney Bamburg clarified that some courts have recognized such a regulation as a legitimate stipulation, questioning if the time factor is a concern. Alderman Howard cited the rezoning on James Street and Gregory Street where the property was rezoned but no development took place. 4 _j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. Chairman Traylor agreed that if the developer had a set time for development, it would lead to greater accountability. He noted that at this time the Planning Commission's only option is to use future votes regarding property development. City Planner McCulley clarified that a brief discussion in last month's minutes regarding a request for R-4 has now been changed to R-3. Commissioner Gray related that he approves of the development concept and has faith in the developer, but if in two months the concept changes he would be inclined to change his opinion. Chairman Traylor closed the public hearing at approximately 7:29 p.m. Commissioner Gray moved, seconded by Commissioner Brannen to approve the rezoning of Lots 1-6 & 48-53, Block 2, Brown Addition £rom R-0 to R-3 ns roqucotod. MOTION CARRIED. b. REZONING Lots in the Meadows Subdivision from R-1 to R-2 Chairman Traylor opened the public hearing at approximately 7:29 p.m. Mr. Aaron Robinson of Bond Engineering related that the Subdivision was final platted last year, explaining that the petitioner is requesting to rezone for duplexes. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:31p.m. Alderman Howard questioned the infrastructure of the utilities. City Planner McCulley explained that the request is to rezone approximately 30 lots from R-0 to R-2 for duplexes. He stated that the property was zoned, platted, and constructed for single- family homes. He stated that because of that all utili ties are in the ground for single-family homes. He explained that the water is located on the south side of the street, adding that to allow for duplexes, revised water and sewer plans would have to be approved by the Water and Sewer Commissions with improved installations. He then noted that the Subdivision is part of an improvement district; therefore, the amended improvement district language would have to be accepted and approved. He then noted that the bill of assurance would also require amendment. He 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. stated that the major component is the utilities, more importantly the water, noting that approximately 15 to 30 bores would have to be made under the street and taps set to allow for water service for each additional unit. He recognized Mr. Mike Simpson from the Water Department for further questioning. He related that Mr. Simpson had conveyed that there would have to be accepted water plans and utilities in place before he would recommend approval. Commissioner Brannen questioned the status of sewer lines. City Planner McCulley answered that the sewer lines are in place, saying that as part of an improvement district each site has a grinder pump, so the sewer lines with grinder pumps are privately owned. He continued saying that the improvement district takes care of operation and maintenance of the sewer lines and grinder pumps. He then noted that in talking with Bob Johnson of the Wastewater Department, it was his understanding that the grinder pumps could handle the additional units. He added that it would be a question regarding the improvement district, as to who would be responsible for the single grinder pump for two units . He stated that issue would have to be addressed in the language of the improvement district documents. Discussion ensued as to whether an additional sewer line would be needed at each duplex. Mr. B.J. Borroughs offered that the improvement district. would be responsible for all sewer lines and grinder pumps up to the manhole on Cloverdale Road. Commissioner duplexes in development there. Herbold noted existing and recently approved the area, saying that he does not see what this offers Jacksonville in the area that is not already Developer B. J. Borroughs stated that the main reason for the rezoning request is becavse the railroad tracks are directly behind these lots, adding that they have had interest from other builders to purchase duplex lots . He stated that there are 111 lots in the Subdivision and they are trying to sell lots and build duplexes. He then noted that it would offer a buffer zone between single-family houses and the railroad tracks. He stated that he is not aware of any other duplexes in the area. Discussion ensued regarding the duplex complex in the vicinity that was built in the 80's. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. In response to a question posed by Alderman Howard, Mr. Borroughs stated that there was not enough room in the rear yard to construct a berm along the railroad tracks. Mr. Borroughs pointed out that there is a drainage retention area situated in the middle of the lots that back up to the railroad tracks. Alderman Howard related that he was considering the noise factor when he thought of the berm. Mr. Borroughs stated that it was never considered at the design phase, adding that there might have been room if they had planned for it in the beginning stages. He stated that this is a business deal and it would offer a buffer zone between the single-family houses and railroad tracks. Ms. Tammy Tompkins related that she sells real estate with Doug Wilkinson Realty. She then acknowledged that she knows the numbers are high for rental, but added that five to six times daily they have customers interested in rentals. She stated that residents need something in this economy and they cannot afford to purchase. She related that they would not propose anything that would jeopardize the Subdivision as a whole, adding that they own all 111 lots and four single-family homes currently being constructed. She stated that the duplexes would be built to top quality and would match the other homes. She stated that some would have vinyl siding with brick shirting, and some would have brick fronts, everything would be consistent with the Subdivision. She stated that they would not do anything to hurt the value of the rest of the Subdivision. Alderman Howard questioned City Planner McCulley regarding any concerns for the extra traffic that the duplexes would generate. Mr. Borroughs offered that the Subdivision has two entrance streets, adding that he feels it is sufficient to handle all the traffic. City Planner McCulley stated that there is half of a percentage point between a single-family home and a duplex. He stated that the duplex lots would almost double the amount of cars per lot because it doubles the living units along the back street. He stated that he did not feel that since the streets are built to city standards that it would present a problem, adding that his main concern would be the utilities. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. Commissioner Herbold stated that he did not want to restrict a developer from reasonably developing their property, but pointed out that the property is zoned as R-0 and can be developed for single-family without having to increase the percentage of rental property in Jacksonville. He then noted the difficulty involved with providing for the extra utilities that changing to duplexes would require. Ms. Tompkins noted that a concept popular in Dallas is the development of duplex homes that are sold individually. She stated that the only difference is a firewall for insurance purposes. She stated that it is her understanding that even if they proposed that type of development; they would still have to have a rezoning. Commissioner Evans noted that if the property were rezoned for duplexes, there is no restriction that the duplexes would have to be sold individually. City Attorney Bamburg clarified that the situation described by Ms. Tompkins would be a classification of R-4. Ms. Tompkins stated that it was her question, if R-2 was the same zoning necessary if they were to propose individual sale of the duplexes. City Attorney Bamburg clarified that R-2 is not applicable for a lot split, which is what it would take to make the property eligible for individual sale. Commissioner Evans noted that he is aware of subdivisions in Little Rock that have duplex areas within the subdivision, adding that after a period of time there seems to be a real clear difference in the quality of the property, either because of renters or absentee owners. He stated that he does not see where that benefits the City of Little Rock and more importantly, he does not see where this benefits this Subdivision that has already been approved. He related that he could anticipate residents pu~chasing single-family homes in this Subdivision and not knowing t hat t h i s area \•JOUl d be dup lexes and buyers could be surprised by that. He added that not necessarily do buyers check that before they buy. Ms. Tompkins stated t hat any such information is the obligation of the owner t o disclos e, she added that it would be on the disclosure statement and the buyer would get a copy of the bill of assurance. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. Commissioner Evans stated that he understands that it would be in writing, as is a lot of information when you buy a house; but he can still understand a situation where someone with a lot of paper in front of them could be surprised by the inclusion of duplexes within their subdivision. He stated that a buyer should not be surprised but it is often the case. He added that even when the information is directly in front of the buyer, it can be overwhelming when purchasing a home. Ms. Tompkins stated that the disclosure is signed within three days of the Arkansas Real Estate Contract. She stated that there should not be a surprise factor given Arkansas laws. Commissioner Evans reiterated that he duplexes will benefit the Subdivision approved. still that does has not see how already been Commissioner Howard moved, seconded by Commissioner Herbold to deny the request to rezone lot.s i.n t.he Me~dowl'l Subdivision from R-1 to R-2. MOTION CARRIED. c. CONDITIONAL USE of property located at 8315 Hwy. 161 Chairman Traylor opened the public hearing at approximately 7:48 p.m. Mr. Greg Bradley, owner of G. T. Wrecker Service stated that he needs another storage area for Jacksonville and Little Rock. He related that the cars he picks up for the State Police are Jacksonville. Mr. Stroud questioned the development plan . Mr. Bradley related that there is already a building, explaining that he is proposing to construct a privacy fence with the intention of storing 10 to 15 cars. He stated that he only stores the vehicles until the insurance company examines the vehicle and determines if it would be totaled or taken for repairs. City Planner McCulley related that the property is located just inside the City limits on Hwy. 161. He noted that the building had been vacant and was once on the condemnation list. He explained that the property owner brought the building up to code. He then explained that the privacy fence would be located to the rear of the property with no visibility from the road. He 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. related that Mr. Bradley is proposing to construct a wooden privacy fence with a gate. He noted that one of the employees and his family are now living on the property. He related that the white building on the property would be utilized as an office. Mr. Bradley noted that only 35' of the privacy fence would be visible from the road. He related that if a vehicle is not claimed, he would run an article in the paper following a hold of 45 days. He added that usually a vehicle is not on site more than 90-days at the most. He then answered that the fence would be 6' high. City Planner McCulley answered that the property is zoned Highway Commercial, adding that the use is allowed by conditional use. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:54 p.m. Commissioner Dollar moved, seconded by Commissioner Herbold to approve the request for a conditional use regarding vehicle storage at 8315 Hwy. 161 as requested with a 6' privacy fence and stipulating that vehicles be cycled through and not permanently stored. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. REPLAT Lots 1-6 & 48-53, Block 2, Brown Addition to Lot 1 of Penn's Replat Mr. Tommy Bond related that the replat was submitted to accompany the rezoning request. He noted that they would return with a sit e plan next month. City Planner McC u lley related t hat the replat would be from 12 existi ng l ots to 1 lot to facilitate the senior living cottages. He stated t hat staff recommends approval of the replat. He noted that there is an existing easement r unning in-between the 12 lots so t he Water Depart ment requested rel ocating an existing water l ine. He noted that the plat would be back before the Commission as a fi na l plat f ollowed by a site plan that would address utility questions. City Attorney Bamburg reminded the Planning Commission that any approval would be contingent upon the City Council approving the rezoning recommendation. 10 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. Commissioner Brannen questioned traffic considerations, asking if there had been a study regarding traffic and the James Street Bridge. City Planner McCulley stated that he was not aware of any traffic study but he would consult with Mr. Whisker regarding any study that had been previously conducted. He offered to research the possibility of a traffic study regarding the James Street Bridge. He related that access could be controlled by limiting access only to James Street. Commissioner Gray moved, seconded by Commissioner Evans to approve the replat of Lots 1-6 & 48-53, Block 2, Brown Addition to Lot 1 of Penn's Replat, stipulating access only on James Street and rezoning approval by City Council. MOTION CARRIED. b. FINAL PLAT Lot 5, First Place Commercial Addition Mr. Aaron Robinson of Bond Engineering related that this is Lot 5 in the First Place Commercial Park, noting that in order to consider the site plan, Lot 5 needed to be final platted. He related that the sewer is located to the rear of lots 1, 2, and 3, adding that there is a 2" waterline but the developer is proposing to construct a larger waterline for fire protection and the sewer will be extended. He noted that plans for utili ties would be presented with the site plan. City Planner McCulley stated that staff recommends approval. Commissioner Gray questioned what instrument would provide access to Highway. City Planner McCulley related that it would be a private mutual access easement. Mr. Robinson related that when lots 1 through 3 were platted and lot 4, there was a mutual access easement regarding those lots, a 36' street. He then related that a second 36' mutual access easement would be added, offering two accesses to the property. In response to a question posed by Commissioner Gray, City Planner McCulley related that the easement is a matter of record, extending to each property line, granting them legal right to access the property. He related that the new easement would be recorded extending from the edge of City right-of-way to the edge of the property, offering legal access. He then noted that the whole of the property is the same owner. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. Commissioner Gray moved, seconded by Commissioner Evans to approve the Final Plat Lot 5, First Place Commercial Addition. MOTION CARRIED. c. PRELIMINARY PLATS Northlake Gardens & Northlake Subdivision PH XIII Mr. Robinson related that originally the Northlake Gardens & Northlake Subdivision PH XIII were submitted as one plat, explaining that City Planner McCulley and Mr. Whisker have requested that the properties be submitted as separate plats. He presented the Commission with separate plats of the aforementioned properties. He related that the culdesac area is where the Northlake Gardens are located, adding that water, sewer, and storm drainage have been submitted. He explained that the properties were split into separate plats with regard to considerations for the bills of assurance. He noted that the properties would have separate bills of assurance with separate legal descriptions. Discussion ensued regarding location of the proposed Interstate. In relation to this property, it was determined that the Interstate would be located south of this property. The Lake Lorene levy would be bet ween this property and the proposed Interstate, further west there wo uld be more Lake between the two. Commissioner Howard moved, seconded by Commissioner Evans to approve the Preliminary Plats of Northlake Gardens & Northlake Subdivision PH XIII. MOTION CARRIED. BUILDING PERMIT(S): SITE PLAN 201 North First Street/Lighthouse Charter School Mr. Aaron Robinson stated this is the Lighthouse Charter School proposed for Lot 5. He related that the water and sewer has been designed. He then noted that as per request of City Planner McCulley, the sidewalk has been extended to North First Street on the south easement. He added that the sidewalk on the southeast side of the parking by the building has been extended to North First Street . He t hen added that as also requested last month, he h as demonstrated on the site plan the actual floodpl ain and floodway, adding that t h e proposed location of the £l oodplain and floodway have also been represented. He noted the vast difference and stated that they would provide the City with a "no 12 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. rise certificate", explaining that the building has been set back far enough that it is not encroaching on the floodway and it will not encroach on the floodway when the new floodway is adopted. He related that the building would be approximately 2' higher than the base flood elevation. He stated that the base flood elevation between North First Street and the road did not change, only the geometry of the actual land area. City Planner McCulley stated that the main interest was the floodplain and floodway, not knowing when the new map would be adopted. He stated that construction can begin regarding the current maps as long as they provide a "no rise certificate" and the base floor elevation is constructed approximately 2' above the floodplain. He noted that the proposed building would be a 28,468 square foot education facility. In response to a question posed by Commissioner Herbold, Mr. Robinson answered that the school will begin with K-6 grades and the plans are to add a grade every subsequent year following. It was noted that the sidewalks would be adequate for foot traffic. Commissioner Brannen moved, seconded by Commissioner Gray to approve the site plan for Lighthouse Charter School at 201 North First Street, stipulating that the development meet all flood zone requirements. MOTION CARRIED. GENERAL: It was the consensus of the Planning Commission to host a special meeting January 26, 2009 at 7:00 p.m. at the regular meeting place of the Planning Commission. Items to be presented: 1) A senior living facility at the corner of Military and Loop Roads. It was noted that this item meets hardship requirements in order to meet a once annual federal deadline set February 1, 2009. City Planner McCulley stated that the conditional use has to be approved prior to the owner submitting under guidelines. He then noted that this same property received a conditional use for a much higher density several years ago, but was not developed. He 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2009 7:00 P.M. -8:23 P.M. related that the proposed Government program associated with this project does have stipulations on age and income. He stated that he felt this would be a good asset for the Jacksonville community. 2) A daycare on South First Street adjacent to the Eubanks Veterinarian Clinic. City Planner McCulley related that the property was originally constructed as a daycare that received a conditional use. He explained that the daycare has closed and the property has been vacant, now a new owner wants to open a new daycare and has requested an opening date of February 1, 2009. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:34 p.m. Respectfully submitted, 14 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: ANNOUNCEMENT (S): ADJOURNMENT a. AGENDA JANUARY 26, 2009 7:00 P.M. Regular Planning Commission Meeting of January 12th and Special Planning Commission Meeting of January 26th will be presented February 9, 2009 CONDITIONAL USE: R-3 for property located at the corner Of Military and Loop Roads Petitioner: Mohammad Lone b. CONDITIONAL USE: Daycare for property located at 501 South First Petitioner: Alexis Young CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JANUARY 26, 2009 7:00 P.M. -7:22 P.M. OPENING REMARKS : The Planning Commission of the City of Jacksonville, Arkansas met in special session on January 26, 2009. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT ( 5); ABSENT (3) OPEN SEAT (1). Others present for the meeting were City Planner Chip McCulley, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: PUBLIC HEARING(S): a. CONDITIONAL USE of R-3 for property located at the corner of Military and Loop Roads Chairman Traylor opened the public hearing at approximately 7:02 p.m. Mr. James Reid representing property owner Mr. stated that the archi teet and others are present application for State funds for the project. Mohammad Lone, regarding the City Planner McCulley offered that a history of the property has been provided, pointing out that the same site was approved a conditional use for a more dense multi-family development. He stated that the current design proposal is for a 22 unit per acre development. He related that he and Mr. Whisker h ave met with the engineer of the project and the proposal is in order. Chairman Traylor closed the public hearing at approximately 7:04 p.m. In response to a que stion posed by Cha i rman Traylor, Mr. Reid stated that t h e d e ve lopment i s proposed t o be a s e nior living facility. He add ed that he f eels there i s a n eed for this type development in the southeast part of Jacksonville. Mr. Lenny Jones of the Autumn Group noted that they are partnering with General Properties of North Little Rock to develop the property. He related that Mr. Terry Burruss is the architect and Bond Engineering is performing the civil engineering on the project. He explained that the proposal is to develop 88 units, 72 two-bedroom and 16 one-bedroom units. He I J CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JANUARY 26, 2009 7:00 P.M. -7:22 P.M. noted that it would be approximately 13 units per acre, which offers a nice site layout, a good amount of green space with pocket parks. He stated that the landscaping would exceed City requirements. He related that the one-bedroom units would be over 7 50 square feet and the two-bedroom units would be 950 square feet. He stated that the development would have nice amenities with an energy package incorporated into the development. He stated that the development would also host a 3,000 square foot community center with a manager and activities director. He noted that it would feature a good size meeting room, library with computers, Internet access and an exercise room. He related that Tower Management, a professional property management company, would be managing the development. He noted that this company also manages their Otter Creek property. He offered the Commission photographs of the cottages at Otter Creek, explaining that the proposed units would be four-plexes. In response to a question posed by Commissioner Evans, Mr. Jones related that the units would be rental. He then answered that the development would meet parking requirements of 1.5 spaces per unit. He related that the exterior would consist of brick trim with siding. It was further explained that the exterior would be a brick wanes coating around the entire building exterior, which is more feasible for lawn maintenance. In response to a question posed by Commissioner Herbold regarding a conditional use and change of ownership, City Attorney Bamburg related that conditions placed on approval would determine if it would be deferred back to the Commission. He noted that without condition a change of ownership or use would trigger a requirement for the new owner to apply for a conditional use. In response to a question posed by Commissioner Herbold, Mr. Reid explained that if the property were rezoned and the development project failed to come to fruition, then the property would have to forfeit its commercial zoning for other possible commercial projects that a commercial zoning would attract. City Attorney Bamburg offered that it is not unusual for a property that is zoned commercial to seek a conditional use, explaining that it is authorized under the zoning ordinance. Mr. Jones answered that the development would be for seniors 55 and up. 2 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JANUARY 26, 2009 7:00 P.M. -7:22 P.M. Discussion ensued that support documentation would be included in the record to maintain the intentional integrity of development use. Mr. Jones noted that the development is an over 10 million dollar construction project, noting that the financing would be in place for over 15 years. He stated that this development would be the same as the one at Otter Creek, adding that the same rules and regulations would apply. In response to a question posed by Commissioner Herbold, Mr. Jones related that the development is being designed to be self- contained; adding that they feel it will be a plus to that part of Jacksonville. He then noted that the property would have controlled access and fencing. He noted a similar development in Hot Springs in a similar location, which has been very successful. He stated that while it takes time to fill the development, once filled seniors stay. He went on to note that they have worked with the J acksonvil le Senior Center who will p.rovide transportation from t he development to the Center for activities. He stated t hat market analysis shows that this development would draw not only from Jacksonville but also from north Pulaski County. He stated that the quality of this development would be above what is currently offered in the market. Commissioner Brannen moved, seconded by Commissioner Herbold to approve the conditional use of R-3 for use as requested. MOTION CARRIED. b. CONDITIONAL USE of a daycare facility for property located at 501 South First Street Chairman Traylor opened the public hearing at approximately 7:18 p.m. Ms. Alexis Young of 1731 Marlin Drive in Little Rock stated that she is proposing to lease the property at 501 South First Street and open a child development center. She explained that that her lease would be for five years with plans to renew, adding that she has a background in childhood education and feels the Jacksonville community would benefit from having a childhood development center. She noted that the p roperty had previously been licensed for 40 infants and 95 school a ged and preschoolers. She then answered that she hopes to have 135 children. 3 J CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING JANUARY 26, 2009 7:00 P.M. -7:22 P.M. City Planner McCulley related that the building was originally built as a daycare with a conditional use. He noted that the ownership changed and the daycare moved to another location. He stated that Ms. Young is leasing the building and requesting a conditional use to operate a childcare facility. Chairman Traylor closed the public hearing at approximately 7:21 p.m. In response to a question posed by Commissioner Brannen, Ms. Young stated that the number of employees would depend on the number of students. She explained that requirements are 1 employee for every 6 infants and 1 for every 15 children of an older age. She then answered that the playground area to the rear of the building is fenced. It was noted that parking is adequate. Commiooionor Howa;r;d. moved., seconnad by CommissioneJ:' Brannen to approve the conditional use of a daycare facility at 501 South First Street as requested. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:22 p.m. Respectfully submitted, 4 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE PLAT (S): 6. BUILDING PERMIT (S): 7. GENERAL: ANNOUNCEMENT (S): ADJOURNMENT AGENDA FEBRUARY 9, 2009 7:00P.M. Regular Planning Commission Meeting of January 12, 2009 2008 Annual Planning Commission Report (distributed with January agenda) REZONING: 4.69 acres at 1925 West Main Street from M-1 to C-2 Petitioner: Mark Sutherland Sutherland Lumber Company Representative: PDC Companies REP LA T: Lots 23, 24 & 25 Forest Oaks Subdivision PH II Petitioner: Jerry Smith Representative: Bond Engineering (plat included in packet) l OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2009 7:00 P.M. -7:12 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on February 9, 2009. 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, John Herbold, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. Commissioner Bart Gray arrived at approximately 7:02 p.m. PRESENT (7), ABSENT (1) OPEN SEAT (1). Others present for the meeting were City Planner Chip Mr. Tommy Bond, Aldermen Kenny Elliott and Gary interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: McCulley, Fletcher, Commissioner Brannen moved, approve the minutes of Commission mooting of 12 Planning Commission report. seconded by Commissioner Herbold to the regularly scheduled Planning January 2009 and the 2008 ~lnual MOTION CARRIED. PUBLIC HEARING(S): REZONING 4.69 acres at 1925 West Main Street from M-1 to C-2 Chairman Traylor opened the public hearing at approximately 7:02 p.m. Mr. Dan Robertson of PDC Companies representing an interested purchaser regarding the property, adding that he is also representing the owners of Sutherland Lumber Company in the request to rezone the property. He stated that the owners are requesting a rezoning from an industrial use to C-2 zoning for office and light retail. It was noted that the front parcel of the property consisting of approximately .97 acres is to be included along with the request to rezone the 4. 69 acres, ( 5. 66 acres approximately) . He then answered that the second parcel is the first 125 feet of the property. City Planner McCulley noted that the consist of two parcels, adding that description for the property. entire he does rezoning have a would legal Chairman Traylor closed the public hearing at approximately 7:05 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2009 7:00 P.M. -7:12 P.M. In response to a question posed by Alderman Howard, City Planner McCulley answered that in considering the surrounding land use, he feels C-2 would be a better use for the property. He noted the proposal to develop office space and a shopping center, which would mimic adjacent property. He stated that staff recommends approval of the rezoning. Commissioner Gray noted that the Land Use Map revision since the rezoning request is for classification, outside manufacturing. may require a different City Attorney Bamburg clarified that any necessary change to the Land Use Map of the City would be incl uded in the rezoning Ordinance as recommended by the Planning Commission and presented to the City Council for adoption. It was noted that the Land Use Map would be revised to reflect the approved rezoning of the property. City Planner McCulley answered property that fronts West Main regarding the Land Use Map. Commissioner Gray that the is designated as commercial Commissioner Brannen moved, approve the rezoning of two 5.66 acres addressed as 1925 requested. MOTION CARRIED. seconded by Commissioner Young to parcels consisting of approximately West Main Street from M-1 to C-1 as REQUEST TO APPROVE PLAT(S): REPLAT Lots 23, 24, & 25 Forest Oaks Subdivision PH II Mr. Bond o£ Bond Engineering rel ated ·that the developer is proposing to replat three lots into t wo. He explained that it was discovered that lot 23 would be d iffi cult to situate a house on that lot . He sta ted that to simplify , the developer is proposing to replat into t w.o larger l o ts . He added that the utilities are in place. City Planner McCulley stated that the division is basically simple, adding that he has researched the utilities and did not find there to be any complicating issues. He concluded saying that this is a matter of better facilitating the construction of houses on those lots. Discussion ensued regarding the transformer box for electricity and Mr. Bond related that he believes there would be an extra connection. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 9, 2009 7:00 P.M. -7:12 P.M. City Planner McCulley noted that the electrical box would be in front of the property in a utility easement. Commissioner Young moved, seconded by Commissioner Herbold to approve the replat of lots 23, 24, & 25 Forest Oaks Subdivision PH II to lots 23R and 25R Forest Oaks Subdivision PH II as requested. MOTION CARRIED . BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: Chairman Traylor announced that February 17th from 4: 00 to 7: 00 p.m. there would be an Annual Joint Planning Commission and City Council meeting held at the Community Center. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:12 p.m. Respectfully submitted, 3 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA MARCH 9, 2009 7:00 P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting of February 9, 2009 Special Planning Commission Meeting of January 26, 2009 4. PUBLIC HEARING (S): 5. REQUEST TO APPROVE a. REZONING: 2213, 2301, 2303, and 2305 Hamilton Street from R-7 to R-1 Petitioner: David Bald b. REZONING: 2100 and 2104 Chapel Hill Road from R-7 to R-3 Petitioner: Mike Wilson PLAT (S): a. SKETCH PLAT: 1504 North James Petitioner: Shawn Odell 6. BUILDING PERMIT (S): 7. GENERAL: ANNOUNCEMENT (S): ADJOURNMENT (plat included in packet) b. FINAL PLAT: 1001 Wef;Jt Main Street Petitioner: Arby's Restaurant (plat included in packet) SITE PLAN: 1001 West Main Street Petitioner: Arby's Restaurant (site plan included in packet) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. -8:00 P.M. OPENING REMARKS: The Planning Commission of the City of in regular session on March 9, 2009. meeting at approximately 7:15 p.m. those in attendance. Jacksonville, Arkansas met Chairman Traylor opened the expressing appreciation to ROLL CALL: Commissioners Glen Keaton, Bart Gray, Jr., Susan Dollar, John Herbold, and Alderman Bill Howard answered ROLL CALL. Vice Chairman Young also answered ROLL CALL and declared a quorum. PRESENT (6); ABSENT (2) OPEN SEAT (1). Others present for the meeting were City Planner Chip McCulley, Mr. Tommy Bond, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Howard moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 9 February 2009 and the special called Planning Commission meeting of January 26, 2009 as presented. MOTION CARRTF.n. PUBLIC HEARING(S): a. REZONING 2213, 2301, 2303 and 2305 Hamilton Street from R-7 to R-1 Vice Chairman Young opened the public hearing at approximately 7:18p.m. Mr. David Bald stated when he originally purchased the property he thought he could build a house, explaining that he wants to rezone the property to construct a single-family home at 2213. He stated that he is requesting the rezoning of 2301, 2303 and 2305 for single-family and will eventually remove the trailers to construct homes on those properties. Vice Chairman Young opened the floor and no one presented to speak in opposition. Vice Chairman Young closed the public hearing at approximately 7:19p.m. City Planner McCulley informed the Commission that he had counseled Mr. Bald regarding the need to rezone the property before constructing a single-family home. He noted that a large portion of the area property is zoned R-7 for mobile homes. He stated that an area trend has been to remove the old trailers and redevelop the property for single-family, apartments or townhomes. He stated that Mr. Bald intends to construct four 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. -8:00 P.M. single-family homes beginning with the lot located at 2213 Hamil ton, noting that this would be Mr. Bald's personal residence. He stated that long-term Mr. Bald plans to continue, one lot at a time, to construct single-family homes on each lot. It was noted and City Attorney Bamburg confirmed that if rezoned t o R-1 and the old trailer is removed, then another trailer would not be allowed back onto the property. In response to a question posed by Commissioner Gray, City Planner McCulley stated t hat three of the lots are 60' and the last most northern lot is 65' and all the lots are 130' deep. It was clarified that the lots qualify for an R-1 zoning. Discussion ensued as to the amount of remaining R-7 zoned property and the acreage requirement for that zoning. It was noted that the requirement woul d apply to new mobile home subdivision developments. City Pl anner McCulley note d that the property directly to the east is bei ng develope d as town home s. He then answered that utilities are pro v ided. Mr. Mike Wilson related that there are several mobile home parks in the area that do not meet the 3-acre requirement, saying that he feels the proposed use of the property would be a lesser density and would also enhance the area. Commissioner Gray moved, seconded by Commissioner Herbold to recommend to the City Council the rezoning of 2213, 2301, 2303 and 2305 Hamilton Street from R-7 to R-1 as requested. MOTION CARRIED. b. REZONING 2100 and 2104 Chapel Hill Road from R-7 to R-3 Vice Chairman Young opened the public hearing at approximately 7:26p.m. He n oted access dead e nds at this property , explai n i ng that he is also in the proces s of p urchasin g a n adjacent 1 . 5 a ddi tional acres . He related t hat he feels R-3 woul d be a better u se o£ the property , noting that Janco En t e rprises i s c onstructing apartme nts t wo lots over from this property. Vice Chairman Young closed the public hearing at approximately 7:28 p.m. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. -8:00 P.M. City Planner McCulley related that with the purchase of the additional acreage it would square up the property, noting that it is Mr. Wilson's intent to rezone the additional property when purchase is finalized regarding litigation. He noted that all utili ties are on the property. He stated that there would be some construction of inner roads and parking. In response to a question posed by Chairman Young, Mr. Wilson stated that the access would most likely be a private drive. In response to a question posed by Commissioner Gray, City Planner McCulley related that the property is a metes and bounds, clarifying that the request is for two separate parcels. Commissioner Gray moved, seconded by Commissioner Keaton to recommend to the City Council the rezoning of two tracts of property addressed as 2100 and 2104 Chapel Hill Road from R-7 to R-3 as requested. MOTION CARRIED. REQUEST TO APPROVE PLAT (S): a. SKETCH PLAT 1504 North James Street Questions arose regarding the correct addressing of the property; additionally 1505 and 1501 were discussed as being the correct addresses. Mr. Shawn Odell explained that he is proposing to subdivide the property into four separate lots. Vice Chairman Young noted that three separate options were provided to the Commission. Mr. Odell stated that his preference would be option #1. City Planner McCulley related that the property consists of approximately .6 acres, adding that he would research the address issue. He stated that Mr. Odell is proposing three options, two of which propose four single-family lots and the third proposes two single-family lots. He stated that he has spoken with Mr. Odell regarding his proposal and researched flag lots. He noted that many municipalities do not allow flag lots, further explaining that flag lots are usually permitted in more urban settings with larger acreage. He related that flag lots in that instance are to allow development of large acreage behind while maintaining the rural character. He noted that municipalities 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. -8:00 P.M. allowing flag lots mandate requirements, explaining that one of the more major issues is fire equipment access because of the long length of the driveway. He added that another major concern is the integrity of the street, noting that the reason for a 25' or 35' front yard building line is so all the houses will line up. He stated that when houses are behind houses, they end up being between other houses and their back yards. He stated that staff recommends option #3 in order to maintain the integrity of the street. He recognized that there have been a few areas around town where flag lots were permitted, which was prior to his tenure and his opinion of flag lots. He offered the Commission information he researched regarding flag lots. In response to a question posed by Commissioner Herbold, City Planner McCulley answered that the lots are currently zoned R-0. He then clarified that ·the lots would have to be rezoned for options #1 and #2. Commissioner Gray questioned as a metes and bounds property description, is the seller selling a metes and bounds portion of a larger tract of property that is not platted. City Planner McCulley stated that he had not reviewed the sales contract, answering that it would require further investigation to determine, adding that he feels this is a portion out of a larger tract. Mr. Odell agreed, saying that this property was previously a part of a portion of the adjacent property. Commissioner Gray acknowledged this as the art of subdividing, which the Planning Commission supervises, noting considerations for what is being transferred from the owner. Mr. Odell answered that he has not completed purchase of the property, and that the present owner is not present. Commissioner Gray stated that there is an active subdivision from the current owners that needs to be addressed as well as issues for Mr. Odell. He noted consideration of what property remains and how it relates to this property. Mr. Odell stated that this tract is the remainder of the property, explaining that the seller has already sold the other two homes that are north of the property. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. -8:00 P.M. City Attorney Bamburg questioned if Mr. Odell had presented authorization from the current owner to allow him to request a sketch plat from the Planning Commission. Mr. Odell stated that the purchase offer was contingent on him being able to replat the property into more than one tract. He then answered that it was understood that he was not going to purchase the property unless it could be replatted. City Attorney Bamburg stated that without explicit authorization from the current owner, the Planning Commission cannot take action on this request. He clarified that the language in the agreement offers this as a contingency but does not authorize Mr. Odell to request a subdivision from the Planning Commission. He stated that Mr. Odell would need to present City Planner McCulley a document signed by the owner that authorizes Mr. Odell to make the request. Vic~ ~hAirmAn Young offered that his preference would be option #3, explaining that it seems the best fit for the neighborhood. Mr. Odell pointed out that the adjacent property has a house behind the house that fronts the street. He explained that the property has a 10' driveway to gain access to the rear property, adding that his proposal is for a 20' access. Vice Chairman Young stated that it is adjacent property was grandfathered. He would need to be a culdesac type situation. his belief that the then offered that it Mr. Odell then offered that there is a new 6,000 square foot home off Quince Hill that has a 10' driveway leading to it behind three or four other houses, adding that all the homes are new homes. Commissioner Keaton offered that he does not oppose a flag lot but would like to see more of a common drive instead of separate drives. Mr. Odell stated that he has offered evidence to the Planning Commission regarding half a dozen flag lots scattered throughout Jacksonville. He cited a flag lot located in the Pennpointe Subdivision that has a 24' driveway. He reiterated the situation of the house being located to the rear of houses facing Quince Hill, saying that the mailboxes are on either side of the driveway leading to the rear house. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. -8:00 P.M. Commissioner Herbold noted that the subdivision is the Small Oaks Subdivision, across from the B.P. gas station. Discussion ensued regarding considerations for widening the driveways to accommodate Fire Department equipment access. City Planner McCulley offered that flag lots are not allowed in Sherwood, adding that North Little Rock does allow flag lots but one of the requirements is a 20' pole area for each flag lot. Commissioner Dollar moved, seconded by Commissioner Herbold to table the request until the regularly scheduled meeting in April, pending authorization directed to the Planning Commission from the owner, authorizing Mr. Odell to work with City Planner McCulley in meeting plat requirements. MOTION CARRIED. b. FINAL/REPLAT 1001 West Main Street Lot 1, Arby's Addition Mr. Robert Brown of Development Consultants stated that his firm is representing the USB Corporation that owns the property. He then introduced Mr. Andy Benning of the USB Corporation. City Planner McCulley noted that the request is considered a replat of the property. He stated that the replat will cleanup all easements, setbacks, and requirements to meet today's development standards. He pointed out that the . Planning Commission would be reviewing the building permit request next on the agenda. He explained that the project is a complete scrape and rebuild. He stated that the Final Plat consists of approximately one-half acre, adding that it does meet all bulk and area requirements. He then noted that the property is zoned C-2. He stated that staff recommends approval of the Final Plat. In response to a question posed by Commissioner Dollar, Mr. Brown stated that the drop off on the access would be significantly improved. He explained that the site plan offers a lot of grade change from the front to the rear and especially to the southeast corner. He stated that a number of issues would be resolved, including the addition of several green spaces between the curb and sidewalk. He noted that the replat would provide additional right-of-way. He then noted waivers regarding the site plan, explaining that there was not enough space on the west and south sides, but they would be providing additional landscaping on the north and east sides. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 9, 2009 7:15 P.M. -8:00 P.M. Commissioner Gray moved, seconded by Commissioner Dollar to approve the final plat as presented. MOTION CARRIED. BUILDING PERMIT(S): SITE PLAN 1001 West Main Street Arby' s Restaurant City Planner McCulley stated that the main difference would be the grading of the site and the access points off Jeff Davis. He related that the chief gain from this site would be along Jeff Davis, noting that currently it is continuous asphalt, explaining that with current curb cuts there will be considerable amounts of green space and sidewalk. He stated that the site plan is recommended for approval. In response to a question posed by Vice Chairman Young, Mr. Brown concurred that the dumpster would be enclosed and screened. He then noted that the northern curb cut on Jeff Davis has been moved closer to Main Street providing an additional 40' of separation between the side drives. In response to a question posed by Alderman Howard, Mr. Brown explained that under the new configuration, parking spaces would be pulled back behind the sidewalk improving visibility for drivers exiting the parking lot. He stated that there would be a green area between the proposed curb and the right-of-way line and further north is actually where the sidewalk would be located. It was noted that the new plan meets the parking codes. Commissioner Keaton moved, approve the site plan as MOTION CARRIED. GENERAL: ANNOUNCEMENT: seconded by Commissioner Dollar to presented with requested variances. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:00 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): 5. REQUEST TO APPROVE PLAT (S): ADDITION TO AGENDA: 6. BUILDING PERMIT (S): 7. GENERAL: ANNOUNCEMENT (S): ADJOURNMENT AGENDA MAY 11, 2009 7:00 P.M. Regular Planning Commission Meeting of March 9, 2009 REZONING: 0.86 acres on North James Street from R-0 to R-1 Petitioner: Shawn Odell (information in packet) SKETCH PLAT: Heritage Park Subdivision Plan B Petitioner: Ted Camp Representative: Bond Engineering (plat included in packet) SKETCH PLAT: Shawn Odell Residential Development j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 2009 7:00 P.M. -7:49 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on May 11, 2009. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. Chairman Traylor welcomed new Commissioner Joe Ott to the Planning Commission. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Bart Gray, Jr., Chad Young, John Herbold, Joe Ott, 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 City Planner Chip McCulley, Mr. Shawn Odell, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 9 March 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING 0.86 acres on North James Street from R-0 to R-1 petitioner Shawn Odell Chairman Traylor opened the public hearing at approximately 7:02 p.m. Mr. Shawn Odell stated that property and subdivide the individual residential lots . he is proposing to property into four rezone 60' X the 120, With no one seeking to present opposition, Chairman Traylor closed the public hearing at approximately 7:04 p.m. Commissioner Gray concurred with City Planner McCulley that R-1 is a 60' wide lot and R-0 is 70'. He stated that aside from the rezoning aspect of the property, the Commission would still have to review the subdivision of the property. City Planner McCulley requested that following completion of the agenda that the Commissioners consider suspending the rules to review the Sketch Plat regarding this property . He noted that he has supplemental information for the Planning Commission to consider. Commissioner Keaton moved, seconded by Commissioner Herbold to recommend to the City Council the rezoning of 0.86 acres on North James Street from R-0 to R-1 as requested. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 2009 7:00 P.M. -7:49 P.M. REQUEST TO APPROVE PLAT (S) : a. SKETCH PLAT Heritage Park Subdivision Plan B Aaron Robinson stated that the proposed subdivision had been before the Planning Commission several times in the past. He explained that this presentation is basically the same layout as far as the lots except the 20' asphalt access drive with 4' shoulders to Loop Road i n three different areas. He then noted that there is a 30' dedicated right-of-way on Graham Road, adding that the detention area would be between the access road and Loop Road. He stated that this is just the sketch plat so there is no design work yet regarding sidewalks, adding that the drainage calculations puts the detention between Loop Road and the existing ditch. Chairman Traylor noted that when the plan was before the Commission previously there were considerations for a road on the backside. Mr. Robinson stated that they are looking at constructing a half road on the east side, a 13. 5' street with curb and gutter, explaini ng that when the adjoining property owner develops they could build the other half of the stree·t. He related that Mr. Camp (the developer) has spoken over the years with the adjoining property owner who has not been committal about his intentions to develop the adjoining property and now Mr. Camp would like to move forward with his plans to develop his property. City Planner McCulley stated that the property consists of 5. 5 acres and is currently outside the City limits, adding that the property would have to be annexed. He ofrered staff recommendations s aying that there are no issues with the sketch being presented; adding that he does however feel that the plan would look better if there was an alley to the rear regarding future development. He noted that this type of plan has been successful in other areas of Jacksonville, noting the Western Hills Subdivision. He then related that adequate right-of-way along Graham Road would be preferred because of the widening of that Road. He then noted the need for adequate drainage between lots 4 & 5, saying that the plat shows a 10' easement that may or may not be a de qua te depending on further drainage plans. He recommended a sidewalk along Graham and Loop Roads, adding that the developer still needs to get approval from the Water and Wastewater Departments. He also recommended that the development have no overhead electrical lines as a previous recommendation under former City Engineer Jay Whisker. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 2009 7:00 P.M. -7:49 P.M. Commissioner Young then confirmed that one of the accesses is closer than 300' to the intersection. City Planner McCulley stated that it would be a problem along Graham Road regarding the two lots that face Graham. He noted that there is an existing curb cut on the south side of Graham that could serve those two lots as a shared access point, adding that it would be closer than 300' but would line up. In response to a question posed by Commissioner Young, City Planner McCulley stated that he would prefer to see the front street as a continuous loop the same as with the Western Hills Subdivision. Mr. Robinson stated that this issue was addressed in 2003 when former City Engineer Whisker had related concerns regarding the trash pickup, saying that he had wanted a street to go all the way through to allow for trash pickup. He offered that the plan could be worked differently allnwincr for R culdesac at the end or even access lot 21 from the access drive so there is not a driveway at the intersection. He stated that it would need to be wide enough to provide equipment access. City Planner McCulley then answered that when annexed the property would be brought into the City with an R-1 zoning. He then informed that the previous times when the development was before the Planning Commission it was not the same plan being presented tonight, once it had direct access from Loop Road and the other was with a rear alley. Discussion ensued regarding the necessary right-of-way for the widening of Graham Road; City Planner McCulley offered that the recommended 30' might be enough. It was noted that Loop Road is projected to be widened from the west side. Discussion ensued regarding a street length requirement and Commissioner Herbold suggested that between lots 10 and 11 might be a good opportunity for a street regarding future development. Commissioner Young offered that the development seems to have a strange shape not offering much of a sense of community. He compared the development to Western Hills, which is similar, noting its success, but stated that this layout seems to be a lot closer to the street. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 2009 7:00 P.M. -7:49 P.M. Mr. Robinson stated that while he was not part of the former presentations to the Planning Commission regarding Western Hills, he recalls that the easements are the same. Commissioner Keaton questioned if he had considered a culdesac in the area of lot 19. Mr. Robinson stated that he does not see why that could not be worked out. He then answered Chairman Traylor regarding questions concerning lot 1, that the house would face Loop Road and access would be two 90 o turns to the house. He offered concession to provide more asphalt fronting lot 1 to allow for an easier driveway. Discussion ensued regarding revisions, location of additional asphalt, and limiting access to Loop Road. It was noted that radius requirement for a culdesac is 46.5' back to curb. Further discussion revealed that in tweaking the plan to accommodate a culdesac, the lots may have to be shortened to 61.5' in order to keep lot 19. City Planner McCulley related that in tweaking the plan, he would like to go on record that he would keep the back alley as an option as the plan moves forward. He noted that with the rear alley there would still be three exits from the subdivision. Mr. Robinson stated that he would like the option of being able to incorporate suggested changes into the next presentation of the Preliminary Plat that could be tabled for further changes. Chairman Traylor noted that if the Sketch Plat could be accepted than the Preliminary Plat would go a lot quicker. Mr. Robinson reiterated that he is requesting permission to return with the Preliminary Plat. In response to a question posed by Alderman Howard, City Planner McCulley related that landscaping consideration would be addressed at the Preliminary Plat presentation. Commissioner Brannen moved, seconded by Commissioner Young to table the Sketch Plat, offering the developer an opportunity to return with a revised Sketch Plat and Preliminary Plat. MOTION CARRIED. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 2009 7:00 P.M. -7:49 P.M. b. SKETCH PLAT Shawn Odell Residential Development North James Street Commissioner Keaton moved, seconded by Commissioner Herbold to suspend the rules and place the Sketch Plat for the Shawn Odell Residential Development on the agenda. MOTION CARRIED. City Planner McCulley reminded the Planning Commission that Mr. Odell had previously presented three options regarding his Sketch Plat, explaining that two of the options proposed four residential lots and the third option showed two equal parcels. He stated that the biggest issue regarding flag lots is access for the Fire Department, adding that Mr. Odell did present his plan to the Fire Marshall who determined that the plan was adequate. He went on to say that regardless there are very few municipalities that accept flag lots, and those who do allow flag lots, mandate requirements. He stated that his concern would be the integrity of the street. He noted that flag lots are not al.lo1rJer.l in ShPrwnnrl nr MnllmP.ll P., adding that while North Little Rock does allow flag lots, they require that each drive to the rear lots be 20' . He stated that if this were being proposed in North Little Rock the drive would have to be 40', adding that currently Jacksonville does not have any requirements to govern flag lots. He related that there are many places in town where flag lots have been permitted or grandfathered in. He noted one such incident just south of this property, adding that the lots are nonconforming and were probably there before zoning came into play. He noted that there are other examples around town. He stated that even with approval from the Fire Marshall he would still recommend that the property be divided into two single- family lots. Discussion ensued regarding the developer's desire to achieve the highest lot yield possible by having flag lots. He reiterated his recommendation for a two-lot development. Chairman Traylor clarified with City Planner McCulley that his recommendation would be for two lots rather than having two flag lots. Commissioner Herbold questioned the possibility of developing a center street to prevent the layout of two flag lots. City Planner McCulley noted that the street would have to meet radius culdesac requirements, explaining that it would have to either be a private drive or be built to City standards. He 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 2009 7:00 P.M. -7:49 P.M. stated that the proposed driveways would be either concrete or asphalt. He then answered that i n order to me et City s treet width requirements, the driveways wo uld have to be 30' with right-of- way. Mr. Odell reiterated that he has many examples of flag lots scattered throughout Jacksonville, adding that one was built last year. He cited the property adjacent to this property that has flag lots a lso noting that the property to the opposite side has two houses that share a 10' driveway. He noted hard economic times, saying that he is trying to help create wo rk . He stated that he is not aware of there ever having been any problems with flag lots. He stated that the Fire Marshall and Mr. Williams at the Sewer Department do not have objections to this development having flag lots. Discussion ensued regarding the driveway being configured to meet with Fire Department equipment requirements. Mr. Odell than answered that driveway without a turnaround none of the other examples turnaround. He defended his disallow for flag lots. next door has a 10' truck, adding that has a fire truck the codes do not the flag lot for the fire he offered position that Commissioner Keaton moved, approve the SKETCH PLAT Development as presented. seconded by Commissioner Brannen to for the Shawn Odell Residential Commissioner Herbold related his desire to see the codes revised to disallow flag lots, so that it would be evident to developers without guessing. He noted that he can understand Mr. Odell's desire to have flag lots since the adjoining property also has flag lots, but feels that the ordinance needs to be changed. Commissioner Young agreed, saying that he does not feel that it presents good city planning to have houses tucked behind other houses not in an organized street oriented fashion. He stated that it does not represent good urban design. He stated that his suggested l ayout regarding the same four houses to present a more community type design was not accepted, adding that he feels the ordinance needs to be changed to ref lect the Planning Commission's development philosophy. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 2009 7:00 P.M. -7:49 P.M. City Planner McCulley noted that the adjacent example that was cited by Mr. Odell is a non-complying situation where two houses are on an individual piece of property. He also concurred that the ordinance does need to be changed. He related that he feels the proposed design concept is centered on a cost value situation. Discussion ensued again as to the ability to design the street between the four lots. City Planner McCulley noted that even if a private drive is constructed, it would have to be developed to City standards but would not be maintained by the City. Commissioners Brannen, Keaton, Gray, and Herbold voted AYE. Commissioners Young and Howard voted NAY. Commissioner Ott ABSTAINED. Chairman Traylor voted AYE. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:49p.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 JUNE 8, 2009 7:00P.M. Regular Planning Commission Meeting of May 11, 2009 REZONING: 1100 North James Street from C-1 to C-2 Petitioner: Calvary Fellowship of Jacksonville Representative: Perry Carpenter 5. REQUEST TO APPROVE a. PRELIMINARY & FINAL: Shawn Odell Residential Park PLAT (S): 6. BUILDING PERMIT (S): 7. GENERAL: ANNOUNCEMENT (S): ADJOURNMENT Petitioner: Shawn Odell (bill of assurance & plats included in packet) b. REVISED PRELIMINARY PLAT: Hermitage Park Subdivision -Loop & Graham Roads Formally submitted as Heritage Plan B Petitioner: Ted Camp Representative: Bond Engineering (bill of assurance & plat included in packet) c. FINAL PLAT: North Lake PH XII-A Petitioner: Tommy Dupree Representative: Bond Engineering (bill of assurance & plat included in packet) SITE PLAN: 1300 North James Street James Manor Development formally submitted as Penn Cottage Development Petitioner: Dickie Penn Representative: Bond Engineering (history & site plan included in packet) OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on June 8, 2009. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Bart Gray, Jr., Susan Dollar, John Herbold, Joe Ott, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. Commissioner Young arrived at approximately 7:02 p.m. PRESENT (9), ABSENT (1). Others present for the meeting were City Planner Chip McCulley, Mr. Shawn Odell, Mr. Tommy Bond, 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 11 May 2009 as presented. MOTION CARRIED. PUBLIC HEARING (S) : REZONING 1100 North James Street from C-1 to C-2 pe~i~ioner Calvary Fellowship of Jacksonville Chairman Traylor opened the public hearing at approximately 7:02 p.m. Chauvin Carpenter stated that they are requesting that the property be rezone from C-1 to C-2 so that the property can be sold. With no one seeking to present opposition, Chairman Traylor closed the public hearing at approximately 7:04p.m. City Planner Chip McCulley informed the Commission that he had met with the seller and purchaser, explaining that the purchaser has stated that it is his intent to mirror the existing shopping center on James Street. He added that it would be a continuation of what is already in the area. He noted that the use does follow the Master Zoning Plan. He confirmed that there are other C-2 uses in the area. In response to a question from Commissioner Gray, City Planner Chip McCulley explained that a C-1 zoning features quiet commercial such as professional offices, while C-2 is a lighter shopping center commercial use. He related that the purchaser owns a chain of mobile phone stores and was proposing to lease the other spaces. He noted that there would be four spaces in the proposed shopping center. In response to a question from Commissioner Dollar, City Planner Chip McCulley stated that it would be hard to determine if C-2 would generate more traffic than C-1, explaining that the hours may vary and that it would depend on the type of office in a C-1. He stated that a dentist or doctor's office would probably generate the same amount of traffic. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. Commissioner Herbold noted that according to the Code Book there is a 2 acre minimum for C-2 zoning, questioning if the property consist of 2 acres. City Planner Chip McCulley stated that the property consist of 0. 8 6 acres. He apologized for the oversight, noting that there is no minimum requirement for C-3. It was noted that the adjacent property was zoned C-2, and the existing shopping center is larger than the proposed rezoning but is not 2 acres. Discussion ensued that a C-2 use could be granted as a conditional use in a C-1 zoning, but would require further advertisement. After conferring with the petitioner, City Planner Chip McCulley stated that the petitioner would be willing to return the following month for a conditional use request of C-2 in a C-1 zoning. Commissioner Gray moved, seconded by Commissioner Dollar to table the item of business to the next r~qularly scheduled Planning Commission meeting. MOTION CARRIED. REQUEST TO APPROVE PLAT (S): a. PRELIMINARY & FINAL PLAT Shawn Odell Residential Park Mr. Odell stated that there had been no changes from the sketch plat. City Planner Chip McCulley informed the Planning Commission that the City Council rezoned the property at the previous City Council meeting to R-1. He stated that staff recommendations would extend to both the preliminary and final plats, stating that all infrastructure is to be built before the final plat is filed. He then explained that the only lacking infrastructure is a sidewalk along North James Street, noting that the property is two residential lots wide. He stated that if the sidewalk is not constructed before the final plat filing, an improvement bond would be required by the City. He pointed out that building lines need to be added to lots 3 and 4. He stated that the driveway would need to be built to city and fire regulations regarding the weight of the Fire Department equipment. City Planner Chip McCulley withdrew his recommendation for the sidewalk, stating clarification that the sidewalk is existing. In response to a question from Commissioner Young, City Planner Chip McCulley pointed out the location of a fire hydrant on the north corner by the driveways. He stated that the major concern of the Fire Department was the thickness of the driveway. He then clarified that trash collection would occur on North James Street for the rear lots. 2 r CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. Mr. Odell offered that the mailboxes would also be established on North James Street. Commissioner Gray moved, seconded by Commissioner Herbold to approve the preliminary plat of the Shawn Odell Residential Park as presented. In response to a question from Commissioner Young, City Planner Chip McCulley stated that there is no setback requirement for the hammerhead portion of the driveway, adding that this design was stipulated by the Fire Marshall. He surmised that the length and hammerhead is necessary for the turnaround regarding the Fire Department equipment. Mr. Odell then answered that it is his intention to fence all the property. At this time, MOTION CARRIED. In response to a question from Commissioner Young, City Planner Chip McCulley noted that the setback for the front lots is 35' in order to match the existing setbacks and the setback minimums for the rear lots is not less than 25' frnnt Rnd rear yard with 5' side yards. Mr. Odell added that he believes setbacks were addressed in the bill of assurance. Commissioner Brannen moved, seconded by Commissioner Keaton to approve the Final Plat of the Shawn Odell Residential Park with 25' front yard setbacks for lots 3 and 4 and the driveway to be built to code. MOTION CARRIED. It was the consensus of the Planning Commission to address issues regarding flag lots by Code. b. REVISED PRELIMINARY PLAT Hermitage Park Subdivision formerly submitted as Heritage Plan B Mr. Bond distributed new revised preliminary plats, explaining that City Planner McCulley had voiced concerns regarding lot 3. He noted that the side yard for lot 3 was only 5 or 8 foot, explaining that it was redesigned to have a 25' side yard. He then added that the street name was changed from East Franklin to Hermitage to avoid confusion regarding the Graham Settlement Subdivision. He stated that the major problem with development of this property is that it is so narrow there is only room for one strip, explaining that the development cost for streets doubles. He stated that typically a subdivision street has lots on either side, which cuts the cost by half to each lot. He then noted that ultimately the adjoining property owner will benefit from the street construction. He stated that the developer 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. has requested that he not be responsible for curb or gutter on the side adjoining the connecting property, which would amount to a savings of 12 to 15 thousand dol lars. He then stated that the developer is s eeking r e lief from building the s idewalk along Loop Road, noting that there is a sidewalk a long t he opposite s ide of Loop Road c onstruc ted when Grah~n Settlement was developed . He reiterated that the problem with development of this property has been the developmen t costs. He stated that the developer is trying to hold down costs so the houses can be sold as entry level h omes. He stated t hat the deve loper is p roposing to construct homes similar to the ones he d eveloped in Jordan Ac.res off Military Road. He related that the homes wotlid be targeted toward first time homebuyers, 800 to 1000 sq. f eet wi th vinyl siding. He sta1:.ed that the developer is tryi ng to hold develop costs so t hat he can sell the lots in the neighborh ood of 20 thousand dollars. It was noted that this is the same property that was previously presente d with a f ront drive along Loop Road t hat had three a ccess points. Mr . Bond reminded the Planning Commi ssion that they had previously approved a sketch plat two or three year s ago that had a rear a lle y way. He explained that Mr . Camp did not want t o have the houses face Loop Road with a rear ent±::ance. He stat·ed t hat this preliminary plat is a compromise regarding that issue. He stated that the houses would face the inner street and backup to Loop Road. City Planner Chip McCtliley stated that the proposal is for 20 lots on sligh Jy over 5.5 acres, callin g attention to the fact that the property is outside t he Jacksonville city limits and would need to be annexed. He stated tha t staff recommendations are an additional 10' of right-of-way along Graham Road , t he r e naming of Franklin Street, sidewal ks along Graham and Loop Roads 1 lot 3 needed a 25 1 building line, and the Street Department wanted to make sure that the proposed street would be wide enough for garbage and fire trucks to pass an oncoming car. He clarified t hat the street should meet both City and Fire Dep artment regulations f o r construction, adding that he wanted to make sure that the bill o£ assurance precluded any access t o Loop Road. He stated that the Ci t y is not .requiring curb and gl:l tter on that side of the road bUt is requesting sidewalks along Loop Road. Mr. Bond stated that having to put a s idewa l k on Loop Road might make development c osts unfeasible, explaining t hat i t would add approximate ly $1 1 000.00 pe r lot. He s tated t h at the only wa y there would ever be a sidewalk going north from t his deve lopment to the railroad tracks is if the City builds i t . He noted that t he part of the property to the north i s in the f lood plain t hat would never be deve lop ed . He noted t hat going s outh from t he property there is sidewalk down to Military Road on the opposite side of the road, adding that only in front of First Ele ctric is t here s ide wa lk on both sides of the road. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. Mr. Bond concurred with Commissioner Brannen that in the 70's there was discussion regarding development of a grass farm in the vicinity of this development, adjacent to the old sewer plant. In response to a question from Commissioner Young, City Planner Chip McCulley stated that the only example of a meandering sidewalk/path that he is aware of is the one in Stonewall Subdivision that meanders through a small trail system. He noted that it is used in other communities in lieu of sidewalks. Mr. Bond responded that he had not run the numbers for asphalt but stated that at a recent City Council meeting he heard that asphalt was bid at $58.00 per ton. He explained plans to turtle back the property sloping it toward Loop Road and the inner street. Chairman Traylor stated that with a sidewalk on the opposite side of Loop Road and the fact that there is not a large amount of foot traffic in the area, he would not oppose a waiver. City Planner Chip McCulley stated that sidewalks in the area are more of an i33UC for the future. He stated th.::~t Fl s rlP.vP.lopment occurs it is the City's policy that the developer constructs the sidewalk, eventually connecting all areas. He then concurred that the sidewalk would not be so much for the residents of this Subdivision but more for foot traffic along Loop Road, noting that the sidewalk on the opposite side is behind the fences of the residents of Graham Settlement. In response to a question from Commissioner Gray, Mr. Bond answered that he believes the fencing along the backside of Graham Settlement was not a development requirement through the Planning Commission but an individual choice of each builder. Mr. Bond stated that a privacy fence for this development was discussed but it is almost as expensive as a sidewalk. Commissioner Gray pointed out that a privacy fence would serve as an advantage to the Subdivision, stating that personally he would see an advantage to the privacy fence regarding traffic traveling along Loop Road. Mr. Bond revealed that the developer is not planning to construct a privacy fence along Loop Road, saying that again it is an issue of trying to keep housing costs as low as possible. He then pointed out that the fence behind the Collenwood Subdivision is in need of maintenance. In response to a question from Commissioner Ott, Mr. Bond stated that the width of Hermitage Street is the same width as a standard street, explaining that it does not have a curb. He explained that a normal 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. street is 27' back to back and 2' on the outside edge is curb. He stated that the developer is proposing 3' gravel shoulders as with the curb you would only have 18". Commissioner Young stated that he feels the sidewalk along Graham Road is important but does not have an issue with waiving the sidewalk requirement along Loop Road. Commissioner Dollar stated that ordinarily she would prefer sidewalks on both sides of the street but in this case since the houses are backing up to Loop Road she would not have an issue with a waiver on Loop Road. Commissioner Young moved, seconded by Commissioner the revised preliminary plat of the Hermitage Park sidewalk waiver on Loop Road, and keeping the sidewalk on Graham Road between Hermitage and Loop from the rear yards to Loop Road. MOTION CARRIED. c. FINAL PLAT Northlake PH XII-A Herbold to approve Subdivision with a requirement for a Road with no access Mr. Bond stated that he believes most of the issues have been worked out, pointing out that issues were: sewer lacked testing in one small section asking that the Planning Commission make approval contingent upon that requirement being met. He then stated that there is a small section of 5 to 10' wide asphalt next to the curb that the subgrade was rejected by the City, explaining that it would be fixed prior to the City Council meeting, adding that the last issue is the construction of a sidewalk on Northlake and Fawn wood. He stated that they are requesting consideration for those improvements being completed before the plat is sent to the City Council for final approval. He t h en added that the bill of assurance as presented will be modified, explaining, that lots 4 66, 4 67, 4 68, and 4 69 are now being proposed for 80' wide with 1500 s qua re foot minimum requirement for the houses instead of 2100 square f oot. City Planner Chip McCulley related that the phase consists of 14 lots on approximately 7 to 8 acres of property, adding that the sidewalks on Northlake and Fawnwood would need to either be constructed or bonded for before the next City Council meeting as well as the small portion of asphalt needed . He stated t hat it is his understanding from Bob Williams at the Sewer Department that the test has been requested and should be performed in a few days . He s tated that realistically all items could be completed be£ore the next City Council meeting which is why the Final Plat is being presented to the Planning Commission at this time. Discussion ensued regarding the AP&L right-of-way and the question of ownership. Mr. Bond surmised that unless transferred with the lot it 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. would remain in the name of the person who has title. He added that he would believe that the developer would want to transfer the property. He noted a similar circumstance regarding the pipeline that runs through the eastern part of Jacksonville near the Boys Club, explaining that most of that property is not transferred. He then noted that in this case there will be a property owners association to maintain the lake, explaining that this piece of property could be included in the property owners association. Commissioner Brannen moved, seconded by Commissioner Herbold to recommend final plat approval to the City Council for Northlake PH XII-A, stipulating bonding for the sidewalks and asphalt on Northlake Drive, with inspections completed by the Sewer Department prior to being forwarded to the City Council, and a change in the bill of assurance regarding 1500 square footage requirements regarding lots afore mentioned. MOTION CARRIED. BUILDING PERMIT (S) : 1300 North James Street/James Manor Development formally submitted as Penn Cottage Development ~1r. Bond 6tated that in discussions the major issue has been the accessibility of the small street that went north from the intersection, noting that it is now being named James Manor Circle. He explained that one lot has been eliminated and moved the lot lines, which eliminated the need for a variance from the Board of Adjustment. He noted that regarding issues for the Fire Department, the lot lines now comply with the Ordinance. City Planner Chip McCulley stated that the developer is proposing 26 single-family detached houses plus the club house on 2.69 acres, noting that this property would require a flood statement that reflects the current maps. He then noted that this development would require a landscaping plan that meets landscaping requirements. He stated that the street has been renamed and the plan does meet fire codes. It was noted that all the properties would be addressed off James Manor Circle, numbered the same as with an apartment complex. Commissioner Young mentioned the setback requirement between single- family housing asking if the same setback would apply between these units. City Planner Chip McCulley stated that the Fire Marshal was okay with the design. Commissioner Young noted that with overhangs there would only be 2' between houses. Mr. Bond reminded the Commission that these units are not individually owned but are rental units. He added that the developer opted to have 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. individual units as opposed to having zero lotlines in an effort to meet market prefer ability, whi ch is the reason the units are so close to each other . He stated that this type of design was constructed in Cabot with approximately 6' in-between the building, a 3' sidewalk between the units with gravel and no landscaping, adding that the development was well received. In response to a question from Chairman Traylor, Mr. Bond explained that the unit (2) is a single bedroom and the others are two bedrooms, adding that he believes that the developer has received some request for a single bedroom. He then pointed out that there is only four in the development. He then answered that according to standard code 20% or 4 to 5 units are handicap accessible. Commissioner Herbold pointed out that since the development is being geared toward the elderly, it would seem the developer would want to increase the number of handicap units. Mr. Bond acknowledged, saying that additional space needed in kitchen handicap accessible for scooters. the only problem would be the and bath areas to make them Discussion ensued regarding the method to e nsure the property is reserved for e lde rly residents. Mr. Penn stated that he is not exactly sure of the method but stated that his goal is for age 55 and up. Commissioner Dollar clarified younger residents but you can stated that about the only grandparents and grandchildren. that currently you can not restrict advertise as a senior residence. She time it becomes an issue is with In response to a question from Commissioner Young, Mr . Penn stated that regardi ng the existing residence, be pla ns to build a dining hall and kitchen to the rear. He then stated t hat the property manager would live in the house. He stated that the concept is evolving but surveys have indicated that some residents in senior living complexes want food service, adding that monthly fees would depend on the level of service . He then answered that currently they a re not so much considering assisted l iving but are not completely ruling t hat out, adding that housekeeping and meals could be an option. He stated that the building exterior and the grounds would be maintained. Discussion ensued regarding plans for a dumpster to be placed in the curve making it easy for pickup, adding that it would be screened. City Planner Chip McCulley stated that if the developer chooses, Public Work.s Director J i m Oakley has related that they could opt to have a curb side pickup, noting that elderly residents are the increas i ng demographic to participat e in recycling. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. Commissioner Brannen questioned the influx of traffic for North James Street and City Planner Chip McCulley stated that he does not feel it would be significant, adding that currently there are no plans to make improvements to James Street without the widening of the bridge over Hwy. 67/167. A plat correction was noted from 5' side yard setbacks to 6' . Mr. Bond answered that the street width is 24' back to back, noting that the street is not public and is typically what is found in apartment complexes. Mr. Penn added that it is not definite but it is possible that there will be one-way traffic with the new pattern. Commissioner Young questioned the feasibility of deleting one lot per street in order to gain better space. Mr. Penn entertained the possibility, saying that he wants to maximize the developments potential. He noted that he proposes a 1' overhang, saying that there would be approximately 4' between the overhangs. He sldlell Ll1o.L he would like to hold the current density but if it is the Planning Commission's wish to decrease the density, he would be willing to consider that. He noted that if he had gone with the concept of duplexes it would have saved approximately 3' , but they were not interested in duplexes. He stated that he feels this will be more of a unique project with a cottage feel. He then answered Chairman Traylor that the original plan had 21 or 22 units, saying that this presentation is a smarter use of the property. Mr. Bond noted that it is important to make the development a viable project regarding the mortgage considerations. Commissioner Herbold questioned the ability for the units in the center to expand if the units to the north were pushed further north and James Manor Circle were moved north. Mr. Bond answered that they are pointing out that currently the then noting that there is a 50' never occur behind those houses. trying to maintain a 20' rear yard, rear yard is approximately 18', and right-of-way where development will Further discussion ensued as to various avenues and the feasibility of creating additional spacing between units. It was noted that if the street were moved more to the north it would create more space for the four center units. Mr. Bond then answered that in order for development to occur in the right-of-way it would have to be closed by the City. He went on to say 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 8, 2009 7:00 P.M. -8:33 P.M. that he did not fe-el that the City right-of-way because it has lots of down the middle of the right-of-way . down the street and under Jeff Davis , turns and goes down to the Hospital. would be inclined to close the utili ties plus a drainage ditch He explained that the drain runs picking up at the big drain that Corrunissioner Young asked if the developer would be willing to revise the site plan and return next month. Mr. Penn clarified that the recommendation would be to stretch spacing between the units, creating more "elbow room". Commissioner Young advised that the space be increased from 6' to at least 8' between the units. He stated that he loves the cottage ideal, having houses centered on a courtyard area, adding that he feels there is a niche for this type of development. Commissioner Herbold concurred that with the removal of two lots and the moving of the road it would create additional spacing. Mr . Penn stated that he would take it under consider ati on and Mr. Bond offered t hat t hey would provide photographs of similar developments wit h a 6' separation, saying t hat personally he did not find it t o be a problem . He then noted that between the units there is a 2 t o 3 ' sidewalk with 18" on each side graveled . He stated t hat the overhangs are less than 1 ' , guessing t hem to be 9". He noted t hat a similar development in Cabot named Westhaven was designed wit h rear access garages. He noted t hat increaf;ed density is .characteristic of this type of development , explaining that the two and three bedrooms are approximately 1,000 square feet. Conunissioner Young moved, seconded by Conunissioner Brannen to table the request for a building permit at 1300 North James Street, asking the petitioner to considering revising the site plan to offer additional space between the units. MOTION CARRIED. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:33 p.m. Respectfully submitted, 10 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: AGENDA JULY 13, 2009 7:00P.M. Regular Planning Commission Meeting of June 8, 2009 4. PUBLIC HEARING(S): a. REZONING: 1100 North James Street from C-1 to C-2 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT Minimum acreage requirement to be addressed by Board of Adjustment Petitioner: Calvary Fellowship of Jacksonville Representative: Perry Carpenter b. REZONING: 1512 Stamps Street from R-7 to R-2 Petitioner: Jacksonville Heating and Air, Inc. Representative: Owners c. Cell Tower Height Variance 901 North First Street Petitioner: CLS Group Representative: Darren Burch OPENING REMARKS: The Planning Commission regular session on July at approximately 7:00 attendance. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 2009 7:00 P.M. -7:19 P.M. of the City of Jacksonville, Arkansas met in 13, 2009. Chairman Traylor opened the meeting p.m. expressing appreciation to those in ROLL CALL: Commissioners Art Brannen, Glen Keaton, Bart Gray, Jr., Chad Young, John Herbold, Joe Ott, 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 City Planner Chip McCulley, City Engineer Jay Whisker, Tommy Bond, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Young to approve the minutes of the regularly scheduled Planning Commission meeting of 8 June 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 1100 North James Street from C-1 to C-2 petitioner Calvary Fellowship of Jacksonville Chairman Traylor opened the public hearing at approximately 7:03 p.m. Chairman Traylor then noted that the Board of Adjustment prior to the Planning Commission meeting addressed the item. Mr. Perry Carpenter representing Cal vary Fel lowship Church of Jacksonvil le stated that they are requesting t hat lots 12 , 13, and 14 of the Brown Addition be rezoned from C-1 to C-2 . He added that prior to the Planning Commission meeting they were granted a variance by the Board of Adjustment regarding acreage requirements. City Planner Chip McCulley clarified that the Board of Adjustment waived the two-acre minimum requirement, adding that the acreage is approximately .92 acres. He related t hat he has met with t he proposed buyer of the property, explaining the intent to develop the property as a small shoppi ng center similar to the one t hat is adjacent directly to the north. He stated that the buyer is in the retail cellular phone business and will use one of the spaces for that business . He s tated that he is planning to lease the other spaces. He stated t hat i f the rezoni ng passes the buyer would have to replat the property, which currently is four separate lots. He added that the sit e plan would be brought back before the Commi ssion. With no one seeking to present opposition, Chairman Traylor closed the public hearing at approximately 7:06 p.m. Commissioner Brannen moved, seconded by Commissioner Gray to recommend rezoning to the City Council of lots 12, 13, and 14 of the Brown Addition from C-1 to C-2 as requested. MOTION CARRIED. REGULAR PLANNING COMMISSION MEETING JULY 13, 2009 continued: b. REZONING 1512 Stamps Street from R-7 to R-2 Chairman Traylor opened the public hearing at approximately 7:07p.m. Petitioner David Hunter, owner of Jacksonville Heat and Air, stated that it is his intention to improve the land and to construct a multi- family residence. He stated that the property is currently zoned R-7 and it is his understanding that it would have to be rezoned to R-2 in order for them to proceed. City Planner McCulley stated that he and City Engineer Whisker had viewed the property and the dimensions would fit an R-2 zoning, relating that the lot is approximately 65' X 180', slightly over ~ acre. He stated that all the surrounding property on this side of the street is zoned R-7 for manufactured housing and the property on the east side of Stamps Street is zoned R-2 for multi-family. He stated that staff does recommend the rezoning from R-7 to R-2. With no one seeking to present opposition, Chairman Traylor closed the public hearing at approximately 7:09p.m. In response to a question from Commissioner Young, Mr. Hunter stated thnt he is proposing tn ~on~truct only one duplex. He further explained that they are also proposing to construct a maximum sized accessory building for storage, acknowledging that to be 650 square feet. Commissioner Gray moved, seconded by Commissioner Ott to recommend rezoning to the City Council of 1512 Stamps Street from R-7 to R-2 as requested. MOTION CARRIED. c. Cell Tower Height Variance 901 North First Street Chairman Traylor opened the public hearing at approximately 7:10 p.m. Mr. Darren Burch representing the T-Mobile CLS group stated that they are requesting a 60' height variance in order to install a monopole cellulai tower at 901 North First Street. City Planner McCulley related that the proposed location would be east of the cell tower that is currently located at the site, making this the second cell tower on site. He stated that this cellular tower would be lower in height than the existing tower. He stated that the existing tower was originally the tower belonging to First Electric that has since been redeveloped as a cellular tower. He stated that one concern was co-location, explaining that the telecommunications ordinance requires that wireless communication providers construct their towers in order to provide co-location. He related that in talking with the representative he learned that the existing tower is at 98 % capacity, which is why they are requesting to construct a second tower . He stated that it would be a monopole tower not a multi-leg tower. 2 REGULAR PLANNING COMMISSION MEETING JULY 13, 2009 continued: City Engineer Jay Whisker explained that normally the City would request that the tower be sufficiently constructed to allow co- location, noting that the existing tower is at structural capacity. He stated that the original ordinance was written to require co- location in order to prevent a congestion of cellular towers throughout the City. He stated that the question would be if a second cell tower should be located by the first, noting that it would be shorter by approximately 50' with a more attractive pole. He then noted that the ordinance requires that the cell tower be the height distance away from the adjoining properties and the cell tower is 170' in distance away from the residential fence line to the west. He added that the cell tower would be 160' in height. In response to a question from Alderman Howard, City Engineer Jay Whisker stated that he is not aware of any regulation that prevents two cell towers from being located at the same site. He explained that it is restricted by zoning to protect residential areas. He then related that the CLS Group has stated that they are willing to provide space for two additional co-locations. Mr. Burch related that monopoles are typically designed to carry three full capacity carriers. It was noted that T-Mobile can rent those spaces to recoup costs. City Engineer Jay Whisker added that it would be a good stipulation for approval. With no one seeking to present opposition, Chairman Traylor closed the public hearing at approximately 7:18p.m. Commissioner Young moved, seconded by Commissioner Herbold to approve the height variance request for a cell tower at 901 North First Street as requested, stipulating that the monopole be designed for three carriers. 'MOTION CARRIED. REQUEST TO APPROVE PLAT (S) : BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:19p.m. 3 I , I JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA SEPTEMBER 14, 2009 7:00P.M. Regular Planning Commission Meeting of July 13, 2009 FINAL PLAT: Faith Subdivision Petitioner: Rory Smith Representative: Bond Engineering (plat & b.o.a. included in packet) SITE PLAN: Faith Subdivision Townhomes Petitioner: Rory Smith Representative: Bond Engineering (site and landscape plans) Agenda published Meeting cancelled by petitioner JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): a. b. 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA NOVEMBER 9, 2009 7:00P.M. Regular Planning Commission Meeting of July 13, 2009 REZONING: 905 South Oak Petitioners: Byron McKimmey & House of Refuge Ministries FINAL PLAT: Faith Subdivision Petitioner: Rory Smith Representative: Bond Engineering (plat & b.o.a . included in packet) FINAL PLAT: Lots A, B, & C Foxwoods Subdivision Petitioner: Jack Wilson Representative: Bond Engineering (plat & b.o.a. included in packet) SITE PLAN: Faith Subdivision Townhomes Petitioner: Rory Smith Representative: Bond Engineering (site and landscape plans) OPENING REMARKS : CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. -7:43 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on November 9, 2009. Chairman Traylor opened the meeting at approximately 7:10 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, John Herbold, and Joe Ott answered ROLL CALL. Chairman Traylor also answered roll call and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were City Engineer Jay Whisker, Tommy Bond, Aaron Robinson, Rory Smith, Mayor Fletcher, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Young to approve the minutes of the regularly scheduled Planning Commission meeting of 13 July 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING 905 South Oak Street from R-2 & C-4 to C-2 Chairman Traylor opened the public hearing at approximately 7:10 p.m . Pastor Larry Gregory of the House of Refuge Ministries stated that with permission from the land owner, he is requesting that the property be rezoned to accommodate construction of a church. In response to a question from Chairman Traylor, City Engineer Whisker clarified that the rezoning is from a combined R-2 and C-4, noting that the R-2 zoning is a small 150' strip of land to the rear of the tract. He explained that directly east of the property are single family homes. He related that the R-2 was originally designed to be a buffer for the C-4 commercial property, adding that the Church is proposing a C-2 for the entire tract south of what would be Mr. Taylor's old house. City Engineer Whisker then answered that rather than seeking a conditional use of C-2 in a C-4 zone, the Church is seeking a permanent zoning. He then explained that previously the property was before the Planning Commission approximately two years ago by Clayton Engineering. He stated that the petitioner is proposing to purchase the southern 12 acres of the Taylor property, which will leave approximately 2 acres. It was clarified that the remaining 2 acres would remain C-4 in the front and R-2 to the rear. City Engineer Whisker then explained that since the owner is retaining 2 acres and selling 12 acres that would constitute a subdivision or split. He stated that by ordinance and State law they are supposed to plat the property, adding that the felt it was an oversight by Mr. McKimmey. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. -7:43 P.M. He stated that he does not foresee a problem with the rezoning, questioning the best way to assure compliance with subdividing rules and regulations. City Attorney Bamburg clarified that the property would require proper subdividing prior to the rezoning. Chairman Traylor closed the public hearing at approximately 7:15p.m. Chairman Traylor noted that in his experience on the Planning Commission, there are occasions involving property from a long time ago when the proper paper trail was not followed, thus creating a difficult situation for the present day Planning Commission. He issued his support that a proper subdividing of the property occurs prior to completion of the rezoning. Commissioner Ott questioned if the remaining R-2 property, following the requested rezoning, would meet the requirements of an R-2 zone. City Engineer Whisker clarified that it would, adding that the minimum lot requirement for R-2 is 100' deep X 60' wide. He added that the 50' was for a street right-of-way that would run between the single- family subdivision and the duplex development. He explained that the street right-of-way was proposed to tie into Gum Street on the north end, Rainey Place tying in somewhere in the middle, and a culdesac at the south end. He noted that with the right-of-way it would provide for a row of duplexes 100' deep with 60' wide lots. He related that this was proposed as a buffer to separate the commercial property from the single-family subdivision. He explained that when this occurred, the owner had originally wanted the entire tract rezoned to C-4 but relented to have an R-2 buffer to the rear. He reiterated that the 2 acres, including the house, would remain C-4 and R-2. Chairman Traylor clarified that the current owner would be the proper entity to carry out the subdividing of the property. City Engineer Whisker stated that he had advised the petitioner that, through no fault of their own, the land owner would have to subdivide the property. He noted that there is a street easement along the rear called Gum Street that needs to be connected in this process. He stated that it would have been a different situation if the owner had sold the entire piece of property for rezoning. City Attorney Bamburg offered a suggestion, apologizing if his suggestion affects the petitioner's building plans, asking the Commission to consider tabling the rezoning pending the property owner subdividing the property properly or if the Church were to purchase the entire tract and amend their request, bringing it back before the Planning Commission next month. He stated that this would allow the Church to proceed with plans at that time. 2 l J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. -7:43 P.M. Commissioner Brannen moved, seconded by Commissioner Herbold to table the rezoning of 905 South Oak Street to the next regularly scheduled Planning Commission meeting. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Faith Subdivision Mr. Aaron Robinson of Bond Engineering stated that the weather has finally permitted completion of the street, explaining that the base is down and all utili ties are in. He added that the only i tern Mr. Smith is waiting on is the asphalt, noting that a letter from the bank has been forwarded to City Engineer Whisker stating that monies have been set aside for the asphalt. City Engineer Commissioners, the plat looks street and the Whisker offered the letter of credit to the Planning stating that with the exception of a few small items good. He related that the street would become a public sidewalk has to be finished. Mr. Robinson responded that the sidewalks would be located along North First Street. City Engineer Whisker then related that the Water Commission has roquosted a maintenance bond. He reiteratArl that the maintenance bond for the Water Department is the only item lacking. He added that the letter of credit would address the asphalt and sidewalks. Commissioner Brannen moved, seconded by Commissioner Herbold to approve the Final Plat of Faith Subdivision contingent that a maintenance bond be filed with the Water Department, with acceptance of the letter of credit for the asphalt and sidewalks. MOTION CARRIED. b. FINAL PLAT Lots A, B, & C Foxwood Subdivision Mr. Tommy Bond of Bond Engineering stated that the plat has three parcels of land that were left over from two different phases of the Foxwood Subdivision. He clarified that two of the lots were in Phase IX and the other was in Phase X. He stated that with the exception of Lot A, the other two lots have utilities without a water meter, noting that the street is already developed. He stated that the only remaining issue to be discussed with City Engineer Whisker is a 20' easement on the west side of Lot A, which he is in agreement to. He then mentioned that a building line needed to be added to the plat regarding Lot B. He explained that Lot A would require some fill, which was the original reason the lot was not platted in that phase of the Foxwood Subdivision. He noted that Lot A would carry an "F" designation for the flood plain. He related that the bill of assurance would be the same as the existing bills of assurance. City Engineer Whisker noted that homes would match the size required for the parent bills of assurance, adding that Lot A has a drainage 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. -7:43 P.M. easement that needs to be dug out, which will most likely provide the fill needed for Lot A. He stated that the water and sewer are available to the Lot. He offered that Final Plat approval should be contingent on the ditch being shaped as needed. He stated that the ditch has already been engineered when the Subdivision to the south was being designed. He clarified that Lot A is directly across from Steeple Chase, which dead ends into the wooded vacant lot, explaining that the storm drain heads underneath and goes between Critter Hollow Subdivision Lot 6F and the west side of Lot A. He noted that the west side of Lot A would need a 20' easement with the ditch dug out to match the rest of the Subdivision to the south. He explained that it would need to be a 4' flat bottom ditch with sloped sides. It was clarified that the 20' easement would be strictly for drainage. Commissioner Young noted previous discussions that had involved the development of a walkway to tie together the two subdivisions. Mr. Bond offered that if determined to be a desired option, it could be worded to be used as both a sidewalk and drainage easement. City Engineer Whisker recall ed that behind Lot A is where the alley turns back to the south with some piping through the area that heads to the pond area. He stated that it changes in that area, explaining that the lots of the future Foxwood Gardens all have an alley from Lot B to Lot A. He stated that those lots will have the availability of building a rear lot garage off that alley way. He clarified that Lots A, B, and C have been there for a long time, noting that Lot A was originally conceived to be an access. He added that he is not sure why Lots B and C were not developed sooner. He then offered that Lot B originally had street right-of-way on either side, which might have prevented it from being sellable. Mr. Bond stated that there had been some thought to extending the street, and the drainage was there as well as the fill issue, so the developer choose not to develop these lots. He stated that the development concept for Lot C was unclear until Foxwood Gardens was platted. He explained that these Lots were pieces left following the surrounding area development and design. Mr. Bond then answered that Lot C would be accessed from Foxwood Drive, noting that it is a good sized lot. He related that the flood plain comes down around Lot 407F, adding that it is his understanding that the three adjacent lots in Phase IX were filled. He then concurred that the setback would be 35' to match the existing homes. Commissioner Younq moved, seconded by Commissioner Ott to approve the Final Plat of the Foxwood Subdivision Lots A, B, C; stipulating that the ditch be shaped as required, a 20' access easement on Lot A, designation of floodway on Lot A, and side yard setback on Lot B be included on the Final Plat. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. -7:43 P.M. City Engineer Whisker noted that if deemed necessary the plat would be assigned a number designation to complete the phase number of the Foxwood Subdivision. MOTION CARRIED at this time. BUILDING PERMIT(S): SITE PLAN Faith Subdivision Townhomes Mr. Aaron Robinson of Bond Engineering informed that this was the same site plan that the Commission had seen at the beginning of the project. He explained the need to have the site plan approved so the developer could obtain his building permits. He noted that the landscaping plan has been included and all utilities are in. City Engineer Whisker with Commissioner Young discussed the landscaping plan requirements regarding this development; it was determined that the landscaping plan would be reviewed to be compliant and approved by City Engineer Whisker. City Engineer Whisker recognized the requirement for landscaping regarding commercial property, saying that a duplex development is a commercial venture capable of making the owner money, and in that way is similar to an apartment complex, which is required to have a landscaping plan. He noted that the developer did retain a buffer of trees along the property line adjacent to the Jacksonville Bible Baptist Church. Commissioner Herbold questioned the situation regarding fencing along Woolfort Street. Mr. Robinson stated that the fencing along Woolfort was discussed and the developer has determined that he would construct some type of fencing to separate this development from the mobile home park. He related that the developer is proposing a 4' chain link fence. City Engineer Whisker related that Mr. Smith has indicated that he is ready to get started with building, adding that his biggest reservation would be that the water needs to be turned on before he starts. He stated that approval of the site plan allows Mr. Smith to obtain building permits, asking that approval be contingent on him producing a bond for water. He stated that the City does have a letter of credit that covers Final Plat approval but the water issues needs to be addressed before construction begins as a safety issue. He then answered that the asphalt is the only thing lacking regarding the road work. Commissioner Young moved, seconded by Commissioner Brannen to approve the site plan for the Faith Subdivision Townhomes, contingent on satisfying the Water Department's bond requirements, the water being turned on; as well as contingent for the asphalt, sidewalks, and final approval of landscaping plan by City Engineer Whisker. MOTION CARRIED. 5 GENERAL: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 9, 2009 7:10 P.M. -7:45 P.M. ANNOUNCEMENT: City Engineer Whisker announced that City Planner Chip McCulley has chosen to take another job that he feels will be better for him and his family, adding that the City wishes him well. ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:43p.m. 6 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: AGENDA DECEIVIBER 14, 2009 7:00 P.M. Regular Planning Commission Meeting of November 9, 2009 4. PUBLIC HEARING(S): a. REZONING: 216 North James from C-2 to R-0 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ADJOURNMENT Petitioner: Donald Throckmorton b. REZONING: 905 South Oak Street from R-2 & C-4 to C-2 a. Petitioners: Byron McKimmey & House of Refuge Ministries PRELIMINARY & FINAL PLAT: Lot 1, Brewer Commercial Park Petitioner: Justin Brewer Representative: Clayton Engineering (plats & b.o.a. included in packet) b. PRELIMINARY PLAT: Base Meadows PH 3 Petitioner: Greg Heslep Representative: Marlar Engineering (plat & b.o.a. included in packet) c. SKETCH PLAT: Penn Property, Lemac Drive Petitioner: Ted Camp Representative: Bond Engineering (plat included in packet) d. PRELIMINARY PLAT: Graham Woods Subdivision Petitioner: Dana Nixon Representative: Bond Engineering (plat included in packet) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on December 14, 2009. 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, Joe Ott, 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 City Engineer Jay Whisker, Tommy Bond, Aaron Robinson, Mayor Fletcher, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded approve the minutes of the regularly meeting of 9 November 2009 as presented. by Commissioner Herbold to scheduled Planning Commission MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 216 North James Street from C-2 to R-0 Chairman Traylor opened the public hearing at approximately 7:02 p.m. Property owner Donald Throckmorton explained that he would like to rezone his home back to residential from commercial in order to obtain a mortgage on the property. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:04p.m. City Engineer Jay Whisker stated that the property is in a mixed-use area, pointing out that the use could be commercial or residential. He then answered that the property is adjacent on both sides to residential property. Commissioner Howard moved, seconded by Commissioner Herbold to recommend the rezoning of 216 North James Street. MOTION CARRIED. b. REZONING 905 South Oak Street from R-2 & C-4 to C-2 Chairman Traylor opened the public hearing at approximately 7:06 p.m. Pastor Larry Gregory stated that they are requesting the rezoning on behalf of the House of Refuge Ministries. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. Mr. Michael Clayton of Clayton Engineering explained that the property was rezoned to present zoning approximately one year ago, noting that there were no issues or adverse public comments. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:09p.m. City Engineer Whisker recalled that last month the property was presented to the Planning Commission on a metes and bounds rezoning leaving the remainder of the property unplatted. He noted that the next item of business is a preliminary and final plat that will address the northern portion of the property. He added that the current zoning will remain with R-2 to the back and C-4 on the front. He noted that the remainder of property on a metes and bounds will be C-2 for the Church. He clarified that the southern 11.5 acres was sold to the Church, who is now requesting a rezoning of that property. He added that he had asked the property owner to plat the northern portion of the property since it is less than five acres. He stated that the 11.5 acres fronts Oak Street and South Hwy. 161. Chairman Traylor clarified that the item was tabled last month pending that the property be platted. City F.ngi n~er Whisker concurred that the next item on the agenda addresses the northern platting of the property consisting of less than five acres. Commissioner Gray pointed out that the property is vacant. Commissioner Young moved, seconded by Commissioner Brannen to recommend approval of the rezoning of 905 South Oak Street from R-2 & C-4 to C-2 contingent upon approval of the preliminary and final plat regarding the remainder of the property. MOTION CARRIED. REQUEST TO APPROVE PLAT (S) : a. PRELIMINARY & FINAL PLAT Lot 1, Brewer Commercial Park (changed to Tract A, Brewer Commercial Park) Michael Clayton of Clayton Engineering stated that he is representing Byron McKimmey and the group that owns the entire parcel, explaining that there is a contract to sell the 12. 16 acres on the southern portion of the property for Church use. He stated that the remaining portion of the property consist of approximately 2.4 acr e s , which is subject to the rules and regulations of s ubdividing property. He related that the property fronts Oak, Gum, and Rainey Place Streets. He explained that the property currently has a home that is being used as an insurance or real estate office. He explained that the owner is complying with the subdividing regulations in order to move forward with the contract sale of the southern acreage to the Church. City Engineer Whisker noted that there is no curb, gutter, or sidewalk, adding that usually the City would require a right-of-way along the back of the line; but the City is holding any improvement request pending the redevelopment of the property. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. City Engineer Whisker clarified with Commissioner Gray that the zoning of this property would remain C-4 to the front and R-2 for the back 150 feet parallel to the eastern edge of the property. A correction of C-4 instead of C-3 as shown on the plat submittal was requested. It was then clarified by City Engineer Whisker that the property would be one lot with two separate zonings, further explaining that the property was rezoned for commercial use with a 150' buffer of R-2 for duplexes, adjacent to the single family subdivision on Rainey Place and Gum Street. City Engineer Whisker answered that the bill of assurance states that the construction will conform to the building codes adopted by the City of Jacksonville, adding that there are no easements and the property would have a dedicated street. City Engineer Whisker concurred with Commissioner Gray that it is anticipated that this property will be further requested to be subdivided or at the least rezoned unless there would be some other access to the R-2 property. He then noted that if that were the case then the property would require another lot split. Commissioner Gray instead of Lot 1, platted. offered that the proper name should be Tract A which would denote that the property has been final Mr. Clayton agreed to change the name from Lot 1 to Tract A regarding future intentions for the property. Commissioner Gray moved, the Preliminary Plat of CARRIED. seconded by Commissioner Dollar to approve Tract A, Brewer Commercial Park. MOTION Commissioner Gray recapped the requested changes regarding the final plat. City Engineer Whisker answered Commissioner Young that Tract A had some sewer issues that have now been worked out, adding that both water and sewer are available throughout the Tract even with the zoning split. He stated that the zoning split does not affect the metal building that is partly located on both zones. Commissioner Young moved, seconded by Commissioner Brannen to approve the Final Plat of Tract A, Brewer Commercial Park. MOTION CARRIED. b. PRELIMINARY PLAT Base Meadows PH 3 Mr. Greg Heslep stated that he is not aware of any concerns from the City, but added that he would like to request a waiver of sidewalks along Hwy. 107. He related that the existing sidewalk along Hwy. 107 seem useless, saying that the City is not maintaining the sidewalk. He stated that he has had complaints from the residents that are 3 I J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. adjacent. He then pointed out that the construction large expense and he does not see their usefulness, Engineer Whisker had conveyed to him that there is for sidewalks. He then added that he has not heard plan so he would like to request a sidewalk waiver. of sidewalks is a adding that City a long-term plan or seen a sidewalk City Engineer Whisker noted that the Subdivision has 35' setbacks and Mr. Heslep is proposing 25' setbacks for this phase. Mr. Heslep offered that there would be a transition from the 35' to 25' setback. He explained that one of the main complaints from Base Meadow's residents is that the front yards are larger than the back yards. He then clarified that his request for a sidewalk waiver would be for the sidewalk outside the Subdivision along Hwy. 107. He stated that if and when Hwy. 107 is widened by the Highway Department they would establish sidewalks. He continued saying that sidewalks are a large expense and this sidewalk would not go anywhere, adding that currently the City is not maintaining the existing sidewalk and it is not being utili zed. He then noted that there are no sidewalks on General Samuels, adding that if the sidewalk goes out to the Air Base it would go to a large ditch without the sidewalk being able to be continued between the Hwy anrl thA RnsP. fence. City Engineer Whisker stated that he believes that eventually the sidewalk will go from one entrance to the next entrance off Hwy. 107. He explained that eventually the sidewalk will turn and head east on General Samuels. Commissioner Dollar concurred, noting that even if the sidewalk does not connect presently it will eventually. She related that while the maintenance is disturbing, it is a separate issue. Commissioner Gray questioned, assuming that the Subdivision continue with the next phase, would it be feasible to have sidewalk constructed during the next phase in order to connect entrances on Hwy. 107. will the the City Engineer Whisker stated that this phase would extend the sidewalk another 600' along the Hwy. City Attorney Bamburg clarified that later sidewalk construction could be stipulated as part of the plat approval. Commissioner Gray noted that it would be a circumstance of "now or later"; adding that later would actually be when the sidewalk would connect between two places. He stated that now it would only be a sidewalk that does not connect to anything with no one to use it. Mr. Heslep asked if a stipulation could be added that the City would maintain the sidewalk in some orderly fashion. He stated that without maintenance the sidewalk looks terrible. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. Chairman Traylor reminded Mr. Heslep that any consideration for maintenance is outside the purview of the Planning Commission. He then issued concerns for setting precedence in allowing Mr. Heslep to delay construction of the sidewalk. Commissioner Gray noted that the stipulation would be a matter of record in the minutes. He stated that once a new phase is developed, there would be more reasons to have a connecting sidewalk. Mr. Heslep questioned once Lhe sidewalk ends at his propP.rty, who would be responsible for continuing the sidewalk to the back gate of the Air Base. Chairman Traylor questioned how the widening of Hwy. 107 would affect the existing sidewalks. City Engineer Whisker related that is the reason that the City has requested an additional 25' of right-of-way, explaining that the sidewalks have been constructed on the backside of the right-of-way to allow for the widening of Hwy. 107. Mr. Heslep concurred that the sidewalks are approximately 6' from the rear privacy fences. Commissioner Young questioned if there is a provision or future master plan to connect the sidewalk to the back gate of the Air Base. City Engineer Whiske related that this project i s being voted on by the Hig·.hway Department to have it placed on the TIP t h rough Metroplan; to four-lane Hwy. 107 from General Samuels to Arnold Drive . He noted a study regarding Arnold Drive for signalization, adding that it would be his assumption that those improvements would include a sidewalk along with other improvements. He stated that the natural progression would be to construct the sidewalk f rom Arnold Drive to the closest sidewalk. Mr. Heslep questioned if there was a plan in place now. City Engineer Whisker stated that the City does have an overall sidewalk plan, adding that he is not sure if this sidewalk is on that plan; but as development occurs it is typical of the City to request sidewal ks along major roadways . He noted that there is sidewalk along General Samuels in the vicinity of Crooked Creek, Forest Oaks Subdivision, and Harris Road. He stated that it is not an uncommon situation for the City to request sidewalks. Commissioner Ott stated that he can understand both points adding that he feels that if we delay construction until phase it is a "win-win", not ing that the City would not have maintain a side walk t hat is not being utilized. 5 of view, the next to pay to j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. In response to a question from Mr. Heslep, City Engineer Whisker related that there is a Master Sidewalk Plan adopted by the City of Jacksonville. He stated that the Plan shows the existing sidewalk and how that will be connected in various phases. He stated that when the Plan was developed in early 2000, west Jacksonville was not as developed as it is currently. He stated that the intent is to have the sidewalk developed as subdivisions are developed and the City would fill in gaps. He noted other subdivisions in the west area of Jacksonville that have constructed sidewalks along major thoroughfares. He related that the City just received a grant to construct sidewalks up Harris Road from General Samuels to the existing sidewalk at North Pulaski. Discussion ensued as to constructing the sidewalk to Lot 228 where the next access would be constructed. Mr. Heslep stated that he would agree to take the sidewalk that far, but would like some assurance from the administration regarding maintenance of the sidewalk. City Attorney Bamburg reiterated that maintenance of sidewalks is not the purview of the Planning Commission, adding that it would need to be addressed through the administration. Mr. Heslep then answered that this section of sidewalk would cost approximately $9,000.00. Chairman Traylor pointed out that if sidewalk construction is delayed, then that would add $9,000.00 more in costs to develop the next phase. Discussion reiterated considerations for saving the expense and inconvenience of constructing a sidewalk that does not connect, and will not be utilized until it does connect. Commissioner Dollar noted that given the steady rise of construction costs, it would cost more to construct later rather than sooner. Mr. Heslep stated that given the current economy, savings have to be considered or it is not conducive to construct or expand. He added that $9,000.00 is a big expense. He stated that it would be an easier expense later than sooner. Commissioner Gray moved, seconded by Commissioner Brannen to approve the Preliminary Plat of Base Meadows Subdivision PH 3, stipulating a forbearance of the sidewalk along Hwy. 107 until the next phase to the north is developed. Commissioner Young stated his opinion that the sidewalk should be constructed now to equal other subdivisions that are requested to construct sidewalks. He clarified that we should continue in precedence. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. Chairman Traylor stated that both sides are understandable, noting the possibility of constructing a sidewalk that will not connect for several years, but yet it seems that with other expansions the sidewalks are constructed at the same time on the highways. He stated that the question is which will come first. He added that it would seem that this sidewalk will not have any useful purpose until it connects to the new entrance of the next phase. ROLL CALL: Commissioners MOTION FAILED. Commissioners Young, Dollar, Brannen, He.rbold, Gray, and Ott voted AYE. and Alderman Howard voted NAY. Commissioner Young moved, seconded by Commissioner Dollar to approve the Preliminary Plat with sidewalk construction along Hwy. 107. MOTION CARRIED unanimously. c. SKETCH PLAT Penn Property, Lemac Drive Mr. Tommy Bond of Bond Engineering stated that the development would consist of 18 lots ending with a culdesac and 2 lots facing Lemac Drive. He stated that the property consist of 3.35 acres. City Engineer Whisker noted that the proper ty is adjacent to Gr owing Pines Subdivision PH I, noting that Pe nn Cove in PH I could be developed through to Lemac Dr.ive. He stated that in speaking with some of the residents, he belie ves it would be preferable that the development be developed internal to the Subdivision. Commissioner Gray answered that the bill of assurance for Growing Pines PH I is a minimum of 1100 square foot homes with a minimum 400 square foot two-car garage and minimum of two baths. City Engine er Whi s ker s tated tha·t he feels that all lots, excluding lots 10 & 11 of t he proposed deve l oproen t, shoul d match the bill of assura n ce of Gr owlng Pines PH I t o i nclude underground utilities. Discussion ensued and it was reiterated that the bill of assurance have continuity with the Growing Pines Subdivision. City Engineer Whisker sta ted that if the developer chooses not to mirror the Grow i ng Pines b ill of assurance, then he should bring the Subdivis ion t hr ough to Lemac , presenting a completely d ifferent set of circumstances. He stated that he believes the r esidents of Growing Pines would prefer to have the culdesac. In response to a question from Commissioner Ott, City Engineer Whisker noted that with the two existing entrances it would satisfy the Fire Marshal regarding the 60 or 70 lots in Growing Pines. He stated that the Fire Marshal had reviewed the plans without comment. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. Commissioner Gray pointed out' that the Sketch Plat creates some land that would be landlocked, adding that he is aware of ongoing discussions between owners regarding a solution to that situation by creating a more useable purpose of the property. He noted the possibility of additional lots, adding that he is not aware of any agreement regarding that property. Mr. Bond stated that all the developed property around this piece of property was developed by the Grays, adding that they landlocked their own land. He stated that he and his client do not foresee any positive aspect for this development to have that small strip of land. He then answered that the piece is located to the west of this development adjacent to the gas right-of-way. He added that Daniel Gray developed the land to the west and left this piece landlocked. Commissioner Gray pointed out that there is the eastern half of the gas line easement plus a slight more, adding that he is not sure how much is there. Mr. Bond concurred, saying that the property is approximately 50 to 60 feet wide; pointing out that it is not big enough to make a lot. It was then noted that building on the gao line iD prohibited. Mr. Bond described the property as being narrow on one end and gradually wider on the other end. He stated that the only foreseeable solution would be to make the lots deeper with larger back yards. City Engineer Whisker noted that the property attaches to another piece of property at the south end. He noted that the other piece of property runs the length of Lemac Drive up to Stanphill Road and is zoned for a manufactured housing subdivision. Mr. Bond noted that all the property on the south side of Lemac has mobile homes in various conditions of deterioration. He stated that the property is not actually landlocked because there is another parcel to the south that would have to be developed that could provide access to this property. Commissioner Gray stated that his concerns would be as a Planning Commissioner regarding access for maintenance. Mr. Bond then answered that the adjacent property would start in the vicinity of Lot 8 to the rear of this development. City Engineer Whisker noted that the piece of property along Lemac Drive is approximately 150' deep. It was noted that twice annually the gas company provides some maintenance of those areas. It was also noted that Mr. Crook was the last owner of the southern property along Lemac Drive. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. Further discussion ensued as to the narrow landlocked and the responsibility of the address those circumstances. strip of property · being Planning Commission to Commiss ioner Herbold questioned if it would be possible to establish an access easement from the area west of the gas easement. Mr. Bond responded that it would not be possible because of the existing homes and fences at the end of Stevenson Cove. Commissioner Gray reilerated uccess conr.P.rns regarding the care of the property, which might end up being under the charge of the City. City Engineer Wh isker stated that he f eels the easiest access would be through the gas l i ne easement, noting that it is 150' wide. He added that i t would save t his tract to have access from the south side off Lemac Drive . He then a n s wered that he feels the gas comp any would all ow access f or maintenance. He explained that regulations r egarding a gas easement prohibit building or putting something int o the ground, otherwise access would be all owable. Commissioner Young moved, seconded by Commissioner Brannen to approve the Sketch Plat of Penn Property, Lemac Drive stipulating underground utili ties and that the bill of assurance match that of Growing Pines PH I. MOTION CARRIED. d. PRELIMINARY PLAT Graham Woods Subdivision Mr . Aaron Robi nson of Bond Engineering noted that this plat was appr oved previously in Sep t ember 2007 as the De l aney Property and then We s twood Subdiv ision . He stated t hat the water and se\'le r have been wor ked out, adding that t o his knowl edge there are no outs tanding issues. He did note that it would have to be resubmitted to the Health Department for their approval. City Engineer Wh i sker stated that the bill of assurance would mirror that of Graham Settlement . He noted t hat t he developer is proposing t o develop t he eastern phase , west of the p ipeline. He stated that he wo uld like to request a 20 ' easement i n the rear t o allow t he Ci ty to proper ly :ma intain t he ditch , part icularly becau se of the amount of water t hat f lows i n to t he ditch. He t hen answered that the exi sting house would not remain. Mr. Robinson concurred that Graham Woods is to be the final name chosen for the sub division. Commissioner Young questioned issues regarding drainage, City Engi neer Whisker related that the proposed area is on a hill and drains in both directions. He noted that the property drains across until it reaches the concrete block ditch that is exactly in the center of the entire Plat. He stated that the drainage difficulty will come in the next 9 J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 2009 7:10 P.M. -8:20 P.M. phase of development; getting the property to drain across the street into the ditch with the crowned road. He pointed out that the rear of the Subdivision is being dedicated to the City as floodway. City Engineer Whisker stated that his thought would be to end up an asphalt trail along the south side, starting at Laurel and along the creek until you get to Skiver's Subdivision on BelAir. noted that this will not only provide a walking trail but it provide the City better access for equipment. with then He will Commissioner Young moved, seconded by Commissioner Herbold to approve the Preliminary Plat of Graham Woods Subdivision including an easement on the north side for ditch maintenance. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 8:20 p.m. Respectfully submitted, 10