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2010JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE AGENDA JANUARY 11, 2010 7:00 P.M. Nominations for 2010 Chairman, Vice Chairman and Board of Adjustment volunteers Regular Planning Commission Meeting of December 14, 2009 PLAT(S): a. REVISED SKETCH PLAT: 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT Penn Property, Lemac Drive Petitioner: Ted Camp Representative: Bond Engineering (plat & b.o.a. included in packet) b. SKETCH PLAT: 1300 North James Penn Development Petitioner: Dickie Penn (plat included in packet) OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on January 11, 2010. Acting Chairman Young 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., Chad Young, Susan Dollar, John Herbold, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Acting Chairman Young declared a quorum. PRESENT (9), ABSENT (0). Others present for the meeting were City Engineer Jay Whisker, Tommy Bond, Aaron Robinson, Dickie Penn, interested citizens, petitioners, and press. Nomination of 2010 Officers: Alderman Howard moved, seconded by Commissioner Keaton to nominate Bart Gray, Jr. as 2010 Chairman of the Planning Commission. MOTION CARRIED. Chairman Gray took Chair position and facilitated the remainder of the meeting. Chairman Gray expressed his appreciation to the Commission for their confidence in his nomination to Chair. Commissioner Keaton moved, seconded by Commissioner Brannen to nominate Chad Young to serve as Planning Commission Vice Chairman and Board of Adjustment Chairman. MOTION CARRIED. Commissioners Joe Ott and Art Brannen volunteered to serve on the 2010 Board of Adjustment. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Young moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 14 December 2009 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT (S) : a. REVISED SKETCH PLAT Penn Property, Lemac Drive Mr. Tommy Bond of Bond Engineering stated that there was a different plan last month, noting that it was the sentiment of the Planning Commission at that time to approve the plan with the developer following the bill of assurance of the adjoining Growing Pines Subdivision. He stated that Mr. Camp feels that having two-car garages puts him at a disadvantage in the market place. He related that the developer prefers to have a one-car garage. He related if this means not having a culdesac then Mr. Camp is prepared to provide access from Lemac Street. He stated that this is the only issue he is aware of, adding that a proposed bill of assurance has been submitted. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. City Engineer Whisker noted that Lot 19 is being proposed as a retention basin, making the subdivision consist of 20 lots. He then noted that the bill of assurance being presented does not provide for any garages to be attached to the 1000 square foot minimum homes. He stated that last month he recalled the minimum square footage of the adjacent subdivision, Growing Pines, to be 1100 square feet. He added that he feels residents of the Growing Pines Subdivision would feel best with a culdesac and matching development standards. Mr. Bond answered that the Growing Pines Subdivision Phase I is a minimum of 1100 square foot homes with two bathrooms and a garage to allow two passenger cars. Chairman Gray pointed out that there was a slight difference regarding the front brick facing. Mr. Bond stated that he believes the bill of assurance states that all exposed foundation on the street facing be covered with brick, stone, or a permanent siding. Chairman Gray noted that it is not typical for the bill of assurance to be presented with the Sketch Plat but added that it is being presented because of issues at the previous meeting regarding the development of the street. City Engineer Whisker suggested that the only other option would be to have two separate streets that culdesac each other. He noted that costs would be slightly mo r e. Mr. Bond responded that a 97' diameter radius becomes expensive to build. He reiterated that the proposed subdivision has a minimum 1000 square feet for the homes. City Engineer Whisker concurred developer's preference but does assurance f o r Growing Pines PH I. with Mr. Bond that a culdesac is not want to duplicate the bill the of Mr. Bond answered that the development could be constructed with only a culdesac off Lemac, which would isolate the development from the Growing Pines Subdivision. He then pointed out that only 6" waterlines are on Southeastern, Stanphill, and Growing Pines Drive, adding that there are no waterlines on Lemac Drive. City Engineer Whisker stated that another option would be to "hammerhead T" off Penn Cove and build a culdesac off Lemac. Mr. Bond stated that it is previously, saying that the connecting into Growing Pines. the reverse culdesac would 2 of go what from was presented Lemac without J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. City Engineer Whisker stated that from a planning aspect, the important issue is to attach stub streets. Mr. Bond concurred that it offers better circulation regarding emergency traffic. He then noted that it is actually cheaper to build a straight street than a culdesac. Commissioner Young questioned the Master Street Plan regarding a through street. City Engineer Whisker stated that it would not matter, noting that the current subdivision has two accesses, saying that a third access would only help. He stated that the Fire Marshall did not have a problem with the second one, clarifying that a culdesac street versus a through-way helps with connectivity. He stated that he feels part of the issue is because there is a trailer park on the south side of Lemac Drive that has had problems in the past, adding that he is not sure the developer wants to connect to Lemac Drive. Chairman Gray noted differences in the bills of assurance as reason for discussion regarding presentation of the Sketch Plat, City Engineer Whisker concurred that the present skRt~h plat does meet City requirements. Chairman Gray noted that the Planning Commission has two sketch plats that meet City requirements, recalling that direction offered by the Planning Commission at the previous meeting was for the bill of assurance to be similar since the development would connect into the Growing Pines Subdivision. He suggested that perhaps the discussion for tonight should be whether or not to connect the Subdivisions and/or a different bill of assurance, which would require a third sketch plat. He pointed out that a third sketch plat with a reverse culdesac is not available for tonight's meeting. City Engineer Whisker stated that the biggest issue is that the developer is proposing slightly less than Growing Pines. He added that he feels ultimately the developer would like to have a culdesac off Penn Cove from the north leading south, but the garage is an issue. Mr. Bond reiterated that the developer would prefer access from Penn Cove but feels that in order to be marketable he needs to only have single-car garages. It was noted that with single-car garages the developer would have to gain access from Lemac Drive in order to protect the property owners in Growing Pines Subdivision. Chairman Gray stated that a third sketch plat would mirror the first would be presentable. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. City Engineer Whisker noted that the biggest problem would be some sort of turn-around at the end of Penn Cove where one does not exist now. Chairman Gray noted that there is only one driveway on Penn Cove. City Engineer Whisker stated that his concern would be any difficulties with trash pickup and the trucks having to go in reverse. Commissioner Herbold stated that he did uuL feel good about changing the bill of assurance, clarifying that he likes the idea of the development connecting to the end of Penn Cove. Mr. Bond noted that while the Planning Commission has oversight of review regarding the bill of assurance, as soon as the bill of assurance is recorded it allows the majority of property owners to change the bill of assurance. He stated that the City has no enforcement ability regarding the bill of assurance. Chairman Gray pointed out that the bill of assurance is at the purview of the developer and/or the owners of the lots as they are developed, however, the bill of assurance is part of the Planning Commission's consideration in making decisions. He clarified that the Planning Commission does not have the privilege of crafting the bill of assurance, but does as a Planning Commission need to understand what is being proposed and make decisions based on that being presented. Commissioner Ott related previous discussions that centered on the new development being a gradual setback change from one subdivision to the next. He questioned if the proposed changes are fair to the residents of Growing Pines Subdivision. Mr. Bond stated that typically the Planning Commission does not review the bill of assurance during presentation of the sketch plat, recalling that it came up in last month's discussion and the developer did not have the benefit of knowing that there would be any bill of assurance conditions until after the meeting. Commissioner Ott issued concerns of continuity in keeping the neighborhoods similar. Chairman Gray noted that Mr. Bond had projected a reverse culdesac off Lemac Drive as a potential option for future presentation. Mr. Bond stated that it would be easy to present that, noting that it would be the same as what the Planning Commission just reviewed only in reverse and would comply with the subdivision regulations regarding lot sizes and so forth. He stated that he believes it is within regulation to a 700' culdesac, noting that this culdesac would probably be 550' . He stated that it would comply in every way with the City of Jacksonville subdivision regulations. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. Discussion ensued as to acceptability of a third option making the subdivision unique unto itself with access off Lemac Drive, allowing the developer to have a different bill of assurance from Growing Pines Subdivision PH I. City Engineer Whisker stated that normally he would not have mentioned that bill of assurance regarding a sketch plat but added that he felt it might become an issue. He related that sketch plat presentation is normally the phase when you try to identify any early potential problems. Mr. Bond noted that if the discussion had been delayed until the presentation of the preliminary plat then the developer would have already invested close to $50,000 and would feel much stronger about that. Chairman Gray noted that the previous sketch plat was approved contingent on the bill of assurance being revised to match Growing Pines PH I, adding that tonight there is a completely different sketch plat and the bill of assurance is not as was recommended and requested by the Planning Commission. He stated that there is an offer that has not been presented in sketch plat form tn rP.vP.rse the culdesac to accompany the bill of assurance that is being presented tonight. Commissioner Young moved, seconded by Commissioner Brannen recommend that the developer present a third option sketch plat with a reverse culdesac off Lemac Drive. MOTION CARRIED. b. SKETCH PLAT 1300 North James Mr. Dickie Penn stated that the lots facing North Jeff Davis would be standard 50' X 100' lots with a 5' side yard setback. He offered that this would meet with an exiting City zoning. He stated that he is requesting a 15' rear yard setback variance. He stated that the proposal meets front yard setbacks of 25' . He stated that he is proposing a mix of one and two car garages, adding that it would be single-family detached units offered for sale. He stated that the remaining three-fourths of the project propose access from Bertha Street, which is currently a closed easement. He explained that the access would come in on Bertha and loop around behind the old Gwatney house, noting that the Gwatney house would be two attached units. He stated that it would be similar to condominiums of approximately 1500 square foot homes. He stated that currently the house faces North James Street, explaining that they are proposing to remove the front porch and reorient the units to face the new interior street. He then related that the remaining lots have a minimum 20' setback, which would be in conflict with certain zoning regulations except for a possible zero lotline. He stated that many cities offer PUD's (planned unit developments) , adding that this could fall into that guideline. He stated that this is being proposed more or less as a garden home project, adding that all the units will be for sale. He 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. stated that he is asking for several types of variances. He then related that previously he had presented a retirement development that was going to be owned and rental, explaining that financing was impossible. He noted that previously the development he proposed only showed 6' total between the units, pointing out that with this proposal there is a minimum of 10' between the houses with some having as much as 14'. City Engineer Whisker responded that the current zoning of the property is R-3, relating thaL Llle zoning would have to be changed at least on the North Jeff Davis side. He explained that Mr. Penn had related to him that the property on North Jeff Davis would be for sale. He then noted that 50' X 100' lot size would be an R-1A zoning. He surmised that the remainder of the property would have to carry some sort of planned unit development zoning. He stated that the Gwatney house being split would have to be some type of R-4 zero lotline. He noted that the street proposed to be 27' back to back, to be owned by the City. Mr. Penn offered that if that is not acceptable it could be a private street. City Engineer Whisker demonstrated the location of Bertha Street on the north side of the project, which has a 50' right-of-way but has not been constructed. He stated that he was not at the earlier meetings involving the project. Mr. Penn noted that the earlier project was scrapped, adding that this is an entirely different project, which is why it is being presented as a sketch plat. City Engineer Whisker stated that the project began with approximately 21 units, and then morphed into 27 units and then back down to about 25 units. He stated that originally the property was Brown Subdivision with six lots along North Jeff Davis that backed up to six lots along James Street for a total of 12 lots. He related that the property was owned by Mr. Gwatney who built his house and a tennis court on the property. He stated that the original plan had 26 or 27 separate houses and the development was going to be enclosed with a fence. He stated that the property was rezoned to R-3 and platted the property as one single lot, adding that he is unsure if that was recorded. Mr. Penn stated that it was not recorded. City Engineer Whisker stated that technically, there are still 12 existing lots and Mr. Penn is now proposing single-family smaller lots much like garden homes comparable to a development in Cabot, adding that he has not had an opportunity to view that yet. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. Chairman Gray reviewed that the property has been rezoned to R-3 and was subject to being approved as a single lot to provide for a unique multi-family development. He referred to City Attorney Bamburg for clarification regarding status of the property. City Attorney Bamburg stated that any action taken by the Planning Commission that does not comply with the rezoning of R-3 would require further rezoning of the property. He then clarified that the new zoning would require a mixed zoning or a PUD. Discussion ensued regarding the City having had PUD regulations at some time in the past. City Engineer Whisker noted that mixed use regarding Main Street was designated in an Overlay District. Chairman Gray suggested that the proposals be compared to established zonings to determine what needs to be applied to make this proposal presentable. Mr. Penn noted that the City has one zoning, which allows for a 20' X 80' lot, a zero lotline, which can be sold individually. Mr. Bond noted that the Code allows for 120' of units before there must be a gap between buildings. Mr. Penn stated that while his development has odd sized small lots, they are bigger than what the City has in a minimum zoning. Chairman Gray stated that the improvements in the development that are different than what was previously presented is a new street of some form or fashion and actually the 12 lots are being proposed for new development. He questioned if the lots on Jeff Davis resemble the Brown Addition lots that were originally there. Mr. Penn answered that the lots are half as deep. Commissioner Brannen suggested that the sketch plat be tabled pending zoning issues. City Engineer Whisker addressed the earlier question, noting that the lots on Jeff Davis were originally 50' X 190', answering that the new lot proposal of 50' X 100' would be an R-1A zoning. Mr. Penn stated that the lots on Jeff Davis would comply with the zoning of R-lA except he is requesting a 15' setback instead of a 25' rear yard setback. He stated that this would allow for a larger structure. Commissioner Young noted that the side yard setback requirement for R- 1A is 6. 5' . 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. Mr. Penn stated that he would like to ask for a 5' side yard setback but would concede to 6.5', noting that he could make that work. Commissioner Young commented from a planning standpoint that while he likes the adapted reuse of the house, he feels that the overall plan is tight. He confirmed with City Engineer Whisker that all 12 lots are 50' wide with lot depth between 190' and 200'. Mr. Penn then answered tha L lie does propose to have privacy fencin<J. He related that he had considered the zero lot line concept, which would leave a full 10' or 12' on the adjacent side. He stated that there would be no windows on the side that is on the lot line, adding that it could be the garage side. City Engineer Whisker stated that he had discussed with Mr. Penn the concept of designing them such as a duplex with a fire wall in-between and still be able to sell each half. Mr. Penn stated that he felt each buyer would rather have their detached home. Other discussion ensued as to the possibility of a single drive onto James Street. Mr. Penn offered an alternative design, saying that there is enough room between the fence and the road to build a turnaround before backing out onto James Street. He then noted that there are only two houses that would have driveways onto James Street. Chairman street, explored Gray questioned if the street is being proposed as City Engineer Whisker stated that those issues as yet because of this being only a sketch plat. a private were not City Engineer Whisker exp~ained that uti~ities regarding Bertha Street may be somewhat of an issue, being cramped inside that area. In response to a question from Commissioner Herbold, City Engineer Whisker stated that the proposed layout will not fit into any of the zoning requirements currently offered by Code. He stated that Planned Use Districts were a development concept of the 80's, noting that there have been several discussions and he is aware that Little Rock does PODs and is specific to the subdivision. City Attorney Bamburg clarified that if the requests the creation of a PUD, the City Council place by the time of a preliminary is submitted. Planning Commission could have that in City Engineer Wh isker reiterated that this proposed development does not match any zoning in the Code , explaining that when the development offers something special and liDique as well as complimentary to the community it is usually passed when it doesn't specifically match what is available. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. Mr. Bond stated that a PUD allows the Planning Commission the flexibility to approve a development like this. In response to a question from Commissioner Herbold, City Engineer Whisker stated that the houses across the street on Jeff Davis are zoned either R-0 or R-1. Commissioner Herbold noted that across from the proposed six houses there are only four houses covering the same distance. Mr. Bond stated that as he recalls those houses are not part of the Brown Addition, mentioning that it use to be the officers club for the Ordinance Plant. Chairman Gray requested that any further constructive issues be offered to the developer if there were a development Code that would fit the development. He noted the earlier concern regarding access onto James Street as an example of an issue that could be offered. City Engineer Whisker offered that he would request that the turns for James Street be on thP. developer's property and not on street right- of-way. Mr. Bond clarified that the turnarounds for the driveways would need to be on the lot property, alleviating the need to have to back out onto James Street. Mr. Penn then concurred with Alderman Howard that there would be a sidewalk on Jeff Davis. City Engineer Whisker stated that there would be two sidewalks on Bertha that would attach, and a sidewalk on James Street. Mr. Penn noted that James Street has a sidewalk across the Street. City Engineer Whisker clarified that a sidewalk on both sides of the street would depend on the classification of the street. Mr. Penn added that he would request not to have to construct a sidewalk on James Street. Chairman Gray noted that the street is not a normal 50' right-of-way; it is actually a 27' street. Mr. Penn concurred that back to back the street is 27', which is the same as in the Pennpointe Subdivision; however, it does not have the 11.4' of easement. Chairman Gray noted that while untypical, visually it would appear the same. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. Mr. Penn stated that the garages are 20' from the curb and the property line pins right at the back of the curb. He noted another development where the curb was poured into where the pin is. Mr. Bond commented that Sunnyside was constructed the same way. He added that in Sunnyside the right-of-way of the street is the back of the curb. Chairman Gray noted that this would ~a the differencco without regard to zoning. City Engineer Whisker stated that the lot size and setbacks would be other considerations. In response to a question from Commissioner Young, Mr. Penn answered that the houses would primarily be brick or rock. He added that he is going to try and do steeper p i tched roofs. He then concurred with Commissioner Young that he would be creating the feeling of garden homes or patio homes, low maintenance yards. Commissioner Young added that he would like to see some type of green space that would offer the children a p l ace to play ball without having to play in the street. He stated t ha t the development should have an amenity of central focus. Mr. Penn stated that he understands the concerns and wishes he had more room to work. Commissioner Young moved, seconded by Commissioner Brannen to recommend as the next step for Mr. Penn to return to the Planning Commission with a plot plan providing the layout and a division of the property into an actual zoning request so as to offer the Planning Commission a better concept of whether to proceed with individual zonings or an overall PUD. Commissioner Herbold clarified that the petitioner is not being asked to proceed with rezonings but to present a plan that would offer a better concept of what it would require if the property were to proceed with zoning reclassification. At this time, MOTION CARRIED. BUILDING PERMIT(S): GENERAL: 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 2010 7:10 P.M. -8:01 P.M. ANNOUNCEMENT: Chairman Gray recognized and welcomed new Commissioner Eric McCleary. He then recognized the reappointments of Commissioner Young and Alderman Howard. ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 8:01 p.m. 11 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 DISCUSSION: Creation of a Planned Unit Development (PUD) ordinance OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 11, 2010 6:30 P.M. -7:27 P.M. City of Jacksonville, Arkansas met in 11, 2010. Chairman Gray opened the The Planning Commission of the regular session on February meeting at approximately 6:30 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, John Herbold, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Chairman Gray answered roll and declared a quorum. PRESENT (8) I ABSENT (1). Others present for the meeting were City Engineer Jay Whisker, Dickie Penn, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: PUBLIC HEARING(S): REQUEST TO APPROVE PLAT (S) : BUILDING PERMIT(S): GENERAL: ORDINANCE 1400 (#5-10) AN ORDINANCE CREATING JMC §18.18 (PLANNED UNIT DEVELOPMENTS) ; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Chairman Gray noted that at the previous meeting there was discussion to create a new zoning, explaining that City Attorney Bamburg has created an ordinance for review. City Engineer Jay Whisker stated that Little Rock, North Little Rock, and Cabot share similar PUD ordinances. He stated that a PUD is the creation of a zoning and not a subdivision. He related that the zoning would be a "PUD" instead of for instance an R-1, R-2, or R-3. He explained that the Ordinance would establish a zoning for Planned Unit Developments. He added that a PUD' s complexity is due to the variations of each location, and would require a site plan to determine the workability of the site. He referred to the requirement of open space, noting that Little Rock requires as much as 30% while this Ordinance is being proposed to require 20%. He then offered that while other PUD ordinances mention density they referred to it in a planning sense without offering a specific minimum or maximum, noting that the proposed Ordinance would specify no more than eight (8) houses per acre. He explained that part of the guide to determine that measure was that current zoning for a trailer park does not allow more than eight (8) trailers per acre. He then related that Commissioner Dollar had pointed out in an email, distributed earlier, that a townhome development would be a separate issue from a housing PUD in his opinion. He continued saying that he does not think the Ordinance has structured that type of development into a PUD. City Attorney Bamburg stated that the Ordinance allows for latitude regarding density on the Commission's part. He pointed out that CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 11, 2010 6:30 P.M. -7:27 P.M. Section Five of the Ordinance states "In no circumstance shall there be more than Eight (8) residential units per acre unless said development includes multi-family, multi-story housing", explaining that this language offers the Commission an opportunity in review to determine if the various factors would serve the development density being proposed. He explained his efforts to incorporate flexibility and latitude for the Commission in addressing development factors. He stated that in discussions with City Engineer Whisker, they felt in circumstances involving strictly single-family housing or a zero lotline type developments, placluy mun~ Llld!l elyl1L (8) units per acre would create too great a density factor, particularly for a residential area of single-family homes. City Engineer Whisker pointed out that even in Sunnyside only portions of the subdivision with denser housing would be greater than eight (8) per acre. City Attorney Bamburg stated that while Commissioner well taken, the Ordinance provides discretion, emphasized or amended in the manner directed Commission. Dollar's point is which could be by the Planning City Engineer Whisker noted that Mr. Penn has changed his sketch plat to be more reflective of these discussions, explaining that Mr. Penn was aware of the development factors being proposed in the Ordinance. He stated that he and City Attorney Bamburg agreed when developing the Ordinance that it should be created so as not to immediately have an exception to the standards. He stated that while the Ordinance is strict enough to address City favor, it also is flexible enough to allow developers to create well planned unit developments. He then noted that he feels Mr. Penn's development is very close on open space requirements but fits within the "eight (8) per acre" requirement. He stated that he felt these two points were overall the major points of the Ordinance, adding that a PUD development would also require a landscape plan. City Attorney Bamburg related one point in the Ordinance not as emphasized as it could have been is the possibility of mixed use especially when addressing the issue of larger PUD developments that could incorporate commercial as well as residential. He noted that Maumelle is a good example of large-scale PUDs. He stated that a PUD can be used in order to enhance a development of that nature. He related that while Jacksonville is not a large metropolitan area, there are circumstances where mixed use could fit very well. He noted that in the current Land Use Plan there is an Overlay District that allows for mixed use along Main Street. He added that this District was established to promote the development of quiet commercial on the ground level and the possibility of residential on the secondary level. 2 J CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 11, 2010 6:30 P.M. -7:27 P.M. He added that a PUD would be a good vehicle to promote that mix. He stated that there are other particulars, noting that Section Two list some standards that the Commission would review in making a determination regarding certain needs or compatibility. He then noted that there would be a pre-application conference and sketch plat or site plan submission as an alternative. He stated that this would be reviewed using the design regulations criteria offered on page three and four of the Ordinance. He then stated that the Permitted Uses would be those as allowed in other zones that would compare or be similar to what the PUD is proposing regarding the application of similar zoning standards. He reviewed the proposal for Design Regulations, saying that PUDs to his knowledge requires a property owners' association or an improvement district in order to ensure future responsibility for maintenance and costs in an appropriate and legal fashion. He reiterated what City Engineer Whisker had mentioned earlier, that preservation and landscape plans would be required. He outlined the review process by the Commission as proposed in Section Six of the Ordinance. He stated that this is offered as a particular zoning classification and would require City Council approval following Planning Commission recommendation and public hearing. Chairman Gray offered opportunity for tho Commieeionoro to oubmit questions for clarification. In response to a question from Commissioner Keaton, City Attorney Bamburg explained that Section Two (D) "Need" addresses the idea that development of a vacant in-fill parcel surrounded by an already developed area would be enhanced by allowing a PUD. He stated that the pertinent question would be if the proposed development would be something that could happen with a PUD but not under normal zoning regulations. City Engineer Whisker noted that with Mr. Penn's circumstance there are six 50' lots in width with a second row of lots to the rear. He then added that each lot is approximately 200' deep, noting that the property is approximately 300' X 400'. He pointed out that the lot size of 50' X 200' is not a usual size for single-family development. Commissioner Keaton pointed out that even with the unusual lot size they could still be developed under current zoning, adding that his understanding was that a PUD would come into proposal regarding areas that could not meet zoning. City Engineer Whisker emphasized that his understanding would be that a PUD would not be a vehicle used to skirt current zoning regulations. He offered that a PUD is reserved for circumstances that would be advantageous for both the City and the developer. 3 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 11, 2010 6:30 P.M. -7:27 P.M. Commissioner Herbold pointed out that under Section Six, subsection (H) it states "Allow the building(s) and improvement(s) within the proposed PUD to maintain similar size and density characterist i cs as those currently existing in the affected area ( s) ". He then p ointed out t hat the six lots facing Jeff Davis are directly across the street from four instead of six lots. He offered that this would present a difference in density for the existing homes in the area. He added that he would have reservations if the Ordinance would apply to Mr. Penn's proposal. City Engineer Whis ke r stated h is understanding adding t hat Mr. Penn is offerin g open space in added t h at Mr. Pe nn is looki ng to offer this residents that would be interested in smaller lot of the observation, t hat area. He then development to older homes. Commissioner Herbold noted that an increase from four to six is a 50% density increase, which he feels would be a significant increase and would not adhere to regulation (H) in the Ordinance. City Attorney Bamburg stated that t he term "similar" is used to allow something that is not e xact, addi ng that in review t h e Planning Commi ssi on woul d make a determinati on whether what is being proposed fits i nto the exi sting area. He exp lained that if the houses on the six smaller lots were similar in size to the houses on the existing four lots, and the only change were a reduction in lot size because buyers are seeking a smaller yard or the lots are being marketed toward older residents that do not have small children. He explained t hat the Planning Commission would make the determination if the proposed deve l opment, while not exact, would mesh well t oge t her. He noted that t he Plannin g Commission would be considering if the development were similar in characteristics with a slight difference of p u rpose or setup. He stated that an examp le of an unsuitable development across the street from residential homes might be a commercial development with multi-family living on the secondary level. He stated that while it would be residential it would not be similar in character to the residential homes located across the street. He c;1dded t h at e q ually t h e Planning Commi ssion would not want to allow a one-acre mobile home POD in the middle of a single-family subdivision. Chairman Gray remarked that currently the property on Jeff Davis is subdivided into six lots and could be developed to current zoning standards. He noted the possibility of questions from area residents who were assured of previous development plans. He stated his understanding that the Land Use Plan is taken into consideration regarding proposals for rezoning, adding that the provision within the Ordinance makes it more onerous on a developer than would be a petitioner requesting a rezoning. He related that a PUD request would require the developer to submit thirty (30) days in 4 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 11, 2010 6:30 P.M. -7:27 P.M. advance a plan to the City Engineer to begin working through the entire process before being forwarded to the Planning Commission for a public hearing. He noted that the plans would need to be more fully developed to get to the process of requesting a rezoning. City Engineer Whisker concurred, saying that the idea is not to avoid waivers but the concept and land is different enough that it would not fit a normal zoning. He stated that certain design factors need to be identified before being presented to the Planning Commission. Chairman Gray noted that usually a petitioner would come before the Planning Commission to request a rezoning, which is recommended upon approval to the City Council and then the petitioner returns to the Planning Commission with development plans. He clarified that with a PUD the development plan would be submitted along with the request for a rezoning. City Engineer Whisker concurred that at a minimum there would need to be submission of a site plan in order for the Planning Commission to be able to discuss the particulars of requesting a PUD. City Attorney Bamburq noted that the Ordinance requires that a site plan be submitted when a PUD is requested for consideration. He stated that it would create additional tasks and responsibilities on a developer to come before the Commission requesting a PUD. He stated that a PUD rezoning offers greater flexibility and possibility regarding the development, which is why a plan is required. He added that following PUD rezoning approval it would still come back before the Commission for the preliminary and final. He related that the developer would still be responsible for meeting other obligations as far as streets and infrastructure. He stated that a PUD does not eliminate any steps but actually creates an additional step. Chairman Gray noted that it would be incumbent on a petitioner to make a good presentation of the planned unit development to the Planning Commission before this body would recommend approval to the City Council. He then questioned and City Attorney Bamburg clarified that if requested and approved, the developer is restricted by the Ordinance as to the scope of amendments or modifications that can be approved by City staff without being brought back to the Planning Commission for further approval. He noted those restrictions as being no changes to the ingress/egress, no internal traffic changes that alter the overall traffic patterns or functionality of the street, no new streets, and no changes in density or drainage. He stated that only minor changes could be addressed administratively without involving further action by the Planning Commission. Commissioner Herbold offered subsection (G) Site Plan to detailed site plan satisfying an read the 5 amendment under Section Two, as amended "Submission of a requirements herein will precede CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 11, 2010 6:30 P.M. -7:27 P.M. consideration of any PUD proposal. If approved, property development must begin development within one (1) year and must follow the approved Site Plan exactly." He noted that there have been circumstances where property has been rezoned for development but the development never occurs. He noted that the time period could be something other than a year but the property needs to revert back to its original zoning if the development does not occur. Alderman Howard concurred with the assessment that properties are rezoned but not developed as proposed under the rezoning request. Discussion ensued regarding the stipulation for a City Engineer Whisker offered that if the project moratorium the zoning should revert back. completion time. has a nine month Commissioner Young noted that it would need to be specific to the project, adding that some projects could be designed for a year or a year and a half before construct ion ever starts. He proposed that the time period be designated to be 2( months. City Attorney Bamburg offered that construction regarding large projects, such as plans for development of the bean field, would require an extended period of time regarding the engineering and architectural development plans. City Engineer Whisker noted involved and lengthy situations regarding approval from FEMA. Clarification was offered regarding property reverting back to its original zoninq before being offered for rezoning for consideration for a PUD. Further clarification was offered that anything built in a PUD would remain that zoning even if a portion of the PUD were to revert back to its original zoning due to a lack of activity or failed development plans. City Attorney Bamburg concurred, clarifying that a sit uati on would take into account a different circumstance than is normall y dealt with when a development does not take place. He stated that it may stay as zoned under the PUD, not because of the lack of development but because of the failure of the developer to complete the project. He stated that this would represent a different set of circumstances. City Engineer Whisker added that the property could remain as a PUD and any later developer wou l d have to develop the property as planned unless he requested a separate and different rezoning for the property. He stated that this would be more likely than the property reverting back to its original zoning because the property did begin development. 6 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 11, 2010 6:30 P.M. -7:27 P.M. It was also noted that a PUD would require a bill of assurance and a property owners' association, adding that as well the streets inside the development would be private. In response to a question from Commissioner Ott, City Attorney Bamburg stated that provisions for a public hearing are already in place and a PUD would be treated the same as a rezoning. He noted that the property would be advertised and posted. Commissioner Ott noted that under a rezoning it would be easier for the public to understand the action being requested but with a PUD, it might be difficult to know what development plans are being proposed. City Engineer Whisker stated that the best answer would be to have the proposed plans posted on the City website as well as having 11" X 17" copies available at the office counter. Chairman Gray offered that the advertisement could designate if it were a PUD residential, PUD commercial, or PUD mixed use. It was noted that the advertisement would clarify intent. Commissioner Brannon moved, aeconded by Commissioner Younq to recommend approval of Ordinance 1400 (#5-2010) as amended to the City Council. MOTION CARRIED. ANNOUNCEMENT: City Engineer Whisker announced that the annual mandatory planning meeting would be held February 23rd beginning at 4:00 p.m. at the Community Center. ADJOURNMENT: Chairman Gray without objection adjourned the meetinq at approximately 7:27 p.m. 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): 6. BUILDING PERMIT(S): a. b. 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT AGENDA MARCH 8, 2010 7:00 P.M. Regular Planning Commission Meeting of January 11, 2010 (minutes from special set meeting will be presented next month) SITE PLAN: 1925 Main Street Petitioner: BlueHouse Inc. dba Joe Bravo Espresso Representative: Brent C. Weeks (site plans & letter included in packet) SITE PLAN: Courtyard Cottages Corner of Military and Loop Roads Petitioner: Terry Burress Representative: Bond Engineering (site plan & letter included in packet) Request to close Bertha Street Between James Street and Jeff Davis Drive (information available at meeting) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2010 7:10 P.M. -7:45 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on March 8, 2010. Chairman Gray opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, Dollar, John Herbold, and Alderman Howard answered ROLL Chairman Gray declared a quorum. PRESENT (7), ABSENT (2). Susan CALL. Others present for the meeting were City Engineer Jay Whisker, Tommy Bond, Brent Weeks, Dickie Penn, Mayor Fletcher, 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 11 January 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S)! a. SITE PLAN 1925 West Main Street Mr. Brent Weeks stated that he has a Joe's Bravo Espresso located in Cabot that is very successful, adding that he had spoken with Mr. Peacock regarding the prospect of adding a location on the Southerland property in Jacksonville. He related that the Water Commission was favorable regarding his request. He then added that eventually he plans to locate an additional three stores within the City. He offered the Commission an alternate site plan, explaining that he would like to amend the orientation of the building on the site. He explained that he is proposing to turn the building 90 o to offer a better traffic flow for window service. He stated that he did not feel with the enormity of the parking lot, that turning the building would present any problems. He noted that he would, additionally, have the concept approved by Mr. Simpson at the Water Department. In response to a question from Chairman Gray, City Engineer Whisker clarified that the property known as the "old Southerland building" is now owned by the Jacksonville Water Commission. He explained that the Water Department has leased Mr. Weeks a location on the property for a prefab building. He then answered that the traffic count on West Main is approximately 15,000 cars daily. He further explained that the building line is 100' from Main Street and Mr. Weeks is proposing to place the building another 25' behind the concrete, which is the 25' build line off the property line. He stated that the only difference in site plans is the proposal to turn the building 90° so the traffic can circulate along the front versus the side, contingent on approval from the Water Department. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2010 7:10 P.M. -7:45 P.M. Commissioner Herbold confirmed that the new . proposal would reorient the building to face West Main Street. City Engineer Whisker related that he had met with Mr. Weeks regarding landscaping requirements, but noted that the Water Department has not finalized the overall landscaping plans and are requesting that landscaping action be deferred at this time. He stated that Mr. Weeks would share in some portion of the total landscaping plan when that is finalized. He explained that the Water Department has hired an architect to match City Hall and the architectural style ldentified on the west side of town. As opposed to approving both plans, Commissioner Dollar suggested that the preferred site plan be approved contingent upon approval from the Water Department. City Engineer Whisker noted that both site plans include the building being 25' back and 20' from the driveway regardless of the building being turned. He offered that in case the Water Department preferred the other plan, it would be more expeditious for Mr. Weeks to have both approvals. Mr. Weeks pointed out that the traffic flow would have to be optimum for him as well as the City, noting that if customers are tied up in traffic it would not be good for him or the City. He explained that his service needs to be fast, adding that he should be able to complete service to a vehicle in 90 seconds. In response to a question from Commissioner Young, Mr. Weeks concurred that he is hoping for a more permanent location, explaining that Mr. Simpson had related plans to sell off an out-parcel of the property, hoping to attract a buyer to locate a new restaurant in Jacksonville. He stated that he may only be at this located for two years but hopefully he will be able to find a narrow space to locate his building. He then answered that if approved he would be open and operating within 60 days. City Engineer Whisker answered that he believes the current zoning is commercial. He explained that since there is already a primary building on the property, he brought the request before the Planning Commission because there would actually be two separate businesses on the same parcel. Discussion ensued and the question of granting permission through the process of a conditional use was suggested by Commissioner Brannen. Mr. Weeks explained that the building is mobile and can be moved to another location if necessary . 2 l CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2010 7:10 P.M. -7:45 P.M. Chairman Gray clarified that the purview for the Planning Commission would be to consider allowing a lease for a mobile building at the site under permission from the current property owner. City Engineer Whisker remarked that the difference with this request is that the building will be placed on property owned by the Water Department with an existing primary building, adding that the mobile building would share the same parcel. City Attorney Bamburg clarified that the lease agreement will have a provision stating that if the business is not operable, the building will be removed from the property. Alderman Howard moved, seconded by Commissioner Herbold to approve the site plan for Blue House Inc. dba Joe's Bravo Espresso at 1925 West Main Street with deference of landscaping pending a master landscaping plan from the Water Department. MOTION CARRIED. b. SITE PLAN Courtyard Cottages Military and Loop Roads Mr. Tommy Bond related that the architect of the project, Mr. Terry Burress is also available for que~tion~. Ile explained that a conceptual plan is being presented, saying that they are seeking concept approval before beginning the detail design of the project. He then answered that in general it is the same site plan that was previously presented to the Planning Commission. He noted that the Water and Wastewater issues have been resolved with those Departments. Mr. Burress then answered that the project would consist of 88 units, explaining that there are 72 two-bedroom units and 16 one-bedroom units. Mr. Bond added that the project is designed to appeal to older retired residents. He noted a centrally located community building with a generous amount of sidewalks in the project. Mr. Burress explained that the project would be limited to the elde'rly. He noted that all design elements would strictly adhere to ADA guidelines. He then added that landscaping would exceed requirements by the City. He explained that the developer is hoping to break ground by the first of June. He added that the developer is seeking conceptual approval before Bond Engineering begins the grading and utility site plans. He stated that it is not noted on the site plan but the property will be fenced with a wood fence on the east and north sides. He then added that there would be an aluminum picket type fence on the Military and Loop Road sides. He stated that they are not intending to gate the project at this time, explaining that the fence will extend to the entrance for later consideration to gate. He stated that the secondary access was originally planned as an exit only, but is now being considered as a secondary entrance at the 3 request of the City. ingress and egress. project, saying that Jacksonville. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2010 7:10 P.M. -7:45 P.M. Both curb cuts onto Loop Road will function as He stated that they are excited about the it fulfills a need within the City of In response to a question from Commissioner Young, Mr. Burress answered that the setback along Military Road is proposed to be approximately 15 feet. He then answered that there would be 15 to 16 feet between the actual units from the porch line. He added that the project does meet all other setback requirements, pu.i.nting out that most of the buildings are in the 20 to 25 foot range of separation. He then answered that all the units would have a sprinkler system because of quad-plex requirements. He explained that it would be a domestic R-13 system, adding that this is a new requirement from the State Fire Marshall as of approximately one year ago. In response to a question from Commissioner Herbold, Mr. Burress stated that the northern section would be phase one, including the community building and the main entrance. He stated that the intention is to build the project as a single phase. Mr. Burress then confirmed with Commissioner Dollar that the units would be rental. He then answered that there is no intent to serve meals in the community building, explaining that the project is proposed as an intermediate complex for empty nesters, but not considered an assisted type living facility. He then explained that there would be a small prep kitchen in the community building. He noted that this facility is modeled after the one in Otter Creek, which has a lot of day activities including quilting, photography, and potluck lunches. In response to a question from Commissioner Young, Mr. Burress stated that most of the sidewalks connect, adding that there are only a few areas where residents would have to cross the parking areas. He noted that with a few more connections the sidewalks would basically make a loop. He then answered that the community building would host a small library room, fitness center, as well as a meeting room with kitchen facilities. He then added that it would also have a small laundry room, but noted that every unit would have washer and dryer hookups. He explained that the funding source and the overview agency requires a central laundry facility in case a resident's washer or dryer breaks. He answered that the exterior would be a combination of 4 0% brick veneer and 60% horizontal siding, adding that there would be architectural shingles. In response to a question from Commissioner Herbold, Mr. Burress related that the fence would be setback from the sidewalk leading to the school. He then concurred that the east property line is adjacent to the mobile horne park. He then anticipated that if the project begins in June it could be completed in 10 months, adding that he would like to have certificates of occupancy issued in phases. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2010 7:10 P.M. -7:45 P.M. Commissioner Young questioned if the dumpster in the center of the courtyard could be relocated to the southwest area of the parking lot, preventing it from being the focal point of that area. Mr. Burress stated that there is adequate parking so it might be possible to move the dumpster to that location. He noted that the closeness to the units would be less desirable, adding that there might also be complications with the truck accessing the dumpster. He explained that the current proposed location is much more accessible. He offered to excessively landscape and hide it behind bamboo to keep it from being visible. He stated that it was a dilemma in planning but ultimately it was felt the central location would be better for client and truck access, adding for that reason he feels strongly that it needs to remain in the proposed location with a good job of landscaping. He offered to further research a different location, adding that he would contact the waste company and garner their thoughts regarding pickup and the possibility of sliding it further back into the culdesac area. It was noted that further design details and improvements would return before the Planning Commission in a full preliminary plat with full development plans including landscaping details. Commissioner Young moved, seconded by Commissioner Dollar to approve the general concept site plan for Courtyard Cottages offering recommendations for connecting the sidewalks and dumpster relocation considerations. MOTION CARRIED. GENERAL: Request to close Bertha Street between James Street and Jeff Davis City Engineer Whisker explained that this item of business is a result of the planned unit development across from Second Baptist Church on James Street, also known as the Gwatney property. He explained that to help meet the 20% requirement, the developer is requesting that the City close the adjacent Bertha Street. He noted that the City would still use the right-of-way for utilities. He offered that he does not foresee a problem with closing and vacating the street, noting that the street has not been built in the past 40 years since the property was platted. He stated that Mr. Penn would use the property for green space regarding his development. City Attorney Bamburg noted that recommendation to close the Street would be forwarded to the City Council for action by Ordinance. In response to a question from Commissioner Young, City Engineer Whisker responded that there is water, sewer, and storm water rights- of-way in the Street, adding that those utility easements would be preserved. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 8, 2010 7:10 P.M. -7:45 P.M. Chairman Gray noted that most street closures are generally than one property owner's property; questioning how many owners would be involved in the closing of Bertha Street. on more property It was noted that the south end of Bertha Street abuts all of Mr. Penn's property, adding that it adjoins other lots on the north end. City Attorney Bamburg clarified that the property would be divided between the adjacent property owners by half and half. Chairman Gray noted that the City has declared no need for the Street and is being requested for closure. In response to a question from Commissioner Young, City Engineer Whisker concurred that the developer would be responsible for any cost regarding access to the easements for maintenance. Commissioner Herbold questioned if gaining half the street would be enough space for Mr. Penn to complete his green space requirements. City Engineer Whisker noted that the ditch is offset so it is actually located on the north half of the property, adding that the drainage ditch would remain as is. He then stated that green space requirements would be incumbent on Mr. Penn, noting that Mr. Penn might need to acquire the property from adjacent property owners. Co~~issioner Young moved, seconded by Commissioner Dollar to recommend the closing and vacating of Bertha Street to the City Council with undarstanding that all utility lines would be preserved. MOTION CARRIED. REPLAT ON COMMONS DRIVE City Engineer Whisker noted that he had administratively approved a replat of two lots into one lot on Commons Drive for a resident that owned the two adjacent lots. He stated that there were no easements associated with the lots. ANNOUNCEMENT: ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 7:45p.m. 6 I ' j . 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 a. AGENDA MAY 10, 2010 7:00 P.M. Special called Planning Commission Meeting of February 11, 2010 Regular Planning Commission Meeting of March 8, 2010 REZONING: Lots 1-10 corner of Stanphill Road and Lemac Drive from R-6 to R-1 Petitioners: Andy & Tracy Smith Owner: Harold Crook b. REZONING: James Manor Development from R-1 to PUD Petitioner: Dickie Penn Representative: Bond Engineering PLAT(S): a. SKETCH PLAT: Stanphill Road And Lemac Drive 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): J ADJOURNMENT Petitioners: Andy & Tracy Smith Owner: Harold Crook b. SKETCH PLAT: James Manor Petitioner: Dickie Penn Representative: Bond Engineering OPENING REMARKS: The Planning Commission of regular session on May 10, approximately 7:00 p.m. attendance. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. the City of Jacksonville, Arkansas met in 2010. Chairman Gray opened the meeting at expressing appreciation to those in ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, Susan Dollar, John Herbold, Joe Ott, and Alderman Howard answered ROLL CALL. Chairman Gray declared a quorum. PRESENT (8), ABSENT (1). Others pret>eilL for the meeting were City Engineer Jay Whisker, Tommy Bond, Dickie Penn, Tracy Smith, Joe Cummings, 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 8 March 2010 and the special scheduled Planning Commission meeting of 11 February 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Lots 1-10 Corner of Stanphill Road and Lemac Drive from R-6 to R-1 Chairman Gray opened the public hearing at approximately 7:02p.m. Petitioner Tracy Smith related that currently the property is zoned for mobile homes, adding that they are requesting a rezoning to R-1 for single-family housing. She presented the Planning Commission with photographs of single-family homes similar to the homes that are being proposed for the project. With no one to speak in opposition, Chairman Gray closed the public hearing at approximately 7:05 p.m. Commissioner Young questioned and City Engineer Whisker concurred, that the lots being 128' X 66' would meet the zoning requirements for R-1. City Engineer Whisker offered that the minimum zoning requirements for R-1 is 60' X 100'. He stated that the property was zoned R-6 for mobile homes subdivision and parks. He explained that the property was zoned in the late 90's for a mobile home park, adding that the lots would have to be sold individually. He then answered that the City is not in opposition to the rezoning request. Chairman Gray relat ed that the lots are already subdivided, noting that the use of the lots is being proposed for R-1 instead of R-6 with R-1 being a higher classification for residential use. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. City Engineer Whisker concurred, but noted that currently the property is still a metes and bounds description that has not been formally subdivided as yet. He then explained that the plat being presented is a plat that was presented to the Planning Commission in 2002, adding that the platting process was never finished because of cost issues regarding the water and sewer. It was clarified that the property would later, on the agenda, be considered as a sketch plat submittal. In response to a question from Commissioner Dollar, City Engineer Whisker acknowledged that there are some duplexes located in the northwest area of the property; otherwise the north boundary of the property is all single-family R-0 or R-1. He then related that on the opposite side of Lemac Drive is a recently purchased mobile home park. The new owner has removed a lot of the mobile homes and is considering a different use of the property. Commissioner Brannen moved, seconded by Commissioner Young to recommend to the City Council the rezoning of property located at the corner of Stanphill Road and Lemac Drive from R-6 to R-1. MOTION CARRIED. b. REZONING James Manor Development from R-1 to PUD Chairman Gray opened the public hearing at approximately 7:09p.m. Petitioner Dickie Penn requested the rezoning of a planned unit development. Chairman Gray noted that a proposed plat of the development was included in the packets. He announced that this would be the first opportunity for the Planning Commission, hosting the public hearing, to address a planned unit development created through a recent ordinance. He explained that the dif£erence with this public hearing is that the Planning Commission will also consider an overview of the development plan before voting for the rezoning to a PUD. He advised the Commissioners of a dual responsibility to not only entertain the motion to rezone the property but also to discover the intent of the developer and how that intent is to be built out. Mr. Penn explained that on the Jeff Davis side he is proposing to have six basically 50' X 95' lots; adding that he is asking for minimum side and rear yard setbacks. He noted that the rectangular boxes on each lot represents the maximum building lines. He stated that the homes would have a two-car garage with a proposed 1200 to 1500 on average for the square footage. He stated that the sales price would be in the range of $130,000 to $150,000.00. He explained that the existing Gwatney house located on lots 13 and 14 would be divided into 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. two lots, adding that he would meet the fire code regarding a block wall to be built from the ground through the roof, such as with a condo. He explained that the units would be sold individually, adding that they would be roughly 1480 square feet each with a two-car garage, minimum two bedrooms possible three. He stated that most of the units would be two bedrooms. He recalled that he first came to the Planning Commission wanting to make a senior housing development, adding that financing to do a rental type development was not readily available. He Lllen explained that he revamped the plan, adding that while the density is high, he feels there is a demand. He stated that he has tried to meet all criteria of a PUD, noting that he met with City Engineer Whisker and City Attorney Bamburg to make sure he meets the 20% open space requirement. He stated that he would begin the development with the six lots on North Jeff Davis, saying that basically it would require a few more water meters and sewer stubs and the property would be ready to start. He then stated that at the same time he begins that phase he would start on the street and start remodeling the Gwatney house into a duplex. Chairman Gray noted the need for the Commission to have a full understanding of the intent of the development. He opened the floor for questions from the Commissioners to clarify the proposal and design of the project. He concurred with Mr. Penn that he had met with City Attorney Bamburg and City Engineer Whisker to make sure that he had met all the requirements of a PUD. City Engineer Whisker concurred that he had met with Mr. Penn. He clarified with all parties that all legal issues regarding the compliance of a PUD were met through this design. Commissioner Ott questioned the issue of maintenance regarding the open space. Chairman Gray asked maintenance. if there was a common property owner's Mr. Penn stated yes, there would be either a property owner's or a special improvement district that will maintain all the open spaces. Chairman Gray clarified with maximum proposed boundaries building lines. Mr. Penn that the squares represent the of a house on the lots as the maximum Commissioner Herbold noted previous discussion regarding lots 19 and 20 having access to North James Street without backing out onto that Street. 3 I I J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. Mr. Penn acknowledged that discussion, explaining that it is not drawn on this plat but offered that they have come up with enough room to back up on their side of the property, a turnabout. He added that it would actually be a part of permitting lots 19 and 20, asking City Engineer Whisker if his assumption that it would be part of the building permit process was correct. City Engineer Whisker stated that his discussion with Mr. Penn was to have some sort of shared driveway, maybe to where the concrete would come together between the two, so the vehicles could swing back out of their garages. He then answered that he is requesting a sidewalk on the development side of James Street, noting that there would be a sidewalk on North James, Bertha Street (to be renamed later), and one on North Jeff Davis. Mr. Penn related that a sidewalk would be constructed to offer access through the development from North James to North Jeff Davis. City Engineer Whisker clarified that there would also be a sidewalk along the loop road inside the development as well as the sidewalk Mr. Penn referred to along the open space. In response to a question from Commissioner Dollar, Mr. Penn answered that the space between lots 3 and 4 as well as 9 and 10 would remain just open space, adding that he is still undecided about a sidewalk in that area. He stated that he is trying hard to meet the 20% open space requirement without losing lots. He explained that the way he is proposing to layout lots 3, 4, 9 & 10; the building area comes up to the edge of the open space. He noted that those lot lines would be a zero lot line on that one side of the lots. He stated that lots 1, 2, 5, & 6 have 10' of space between them and lots 3 and 4 will have 14' of space with possibly a sidewalk through. Commissioner Brannen questioned if there would be enough room regarding lots 1 through 12 for emergency vehicles. City Engineer Whisker stated that the plan was reviewed by the Fire Marshall, stating that the 10' mark is very specific, at 10' they are allowed not to have to fire rate or sprinkle the houses, so it does meet the fire code as it stands. Chairman Gray noted that discussion has indicated that there would be a slight redesign regarding lots 19 and 20, with a prohibition for back out onto James Street. Mr. Penn stated that he is in agreement with that redesign. City Attorney Bamburg stated that it could be a prohibition included in the bill of assurance or it could be incorporated into the design of the lots or both. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. City Engineer Whisker noted that lots 19 and 20 were connected with a 15' concrete pad between them, allowing vehicles to swing out from the garage and turn. He stated that the closer the points of contact the better for traffic. Chairman Gray advocated a redesign of the lots and a prohibition in the bill of assurance as a common sense approach to the solution. Commissioner Ott issued concerns the next generation owner would want to put up a fence reganllug the area between lots ':\ And 4, and 9 and 10. Mr. Penn pointed out that the property would not belong to those owners, so they would not be able to fence the common property. Chairman Gray noted that t here are similar instances in other neighborhoods , but added that it is a valid concern. He asked the Commissioners i f they had any tec hnical questions before opening the floor for other input from the public . Chairman Gray opened the public hearing for public comment at approximately 7:28p.m. Mr. Bill Engel of 1212 North Jeff Davis stated that his home is directly across the street from the proposed development. He questioned if the redundant lines on the plat were drawn driveways. Mr. Penn at1swered -h.::~t those l ines represent the dimension lines. He then clarified for Mr . En gel that access from the homes would be off North Je£f Davis so t hey would have driveways off No r th Jeff Davis because t he houses would face North Jeff Davis. Mr. Engl e noted that that there is a dead end on the street, which is a narrow street that does not allow for parking on the street. He then pointed out that a current City ordinance prohibits par·king on the street anyway. He stated that the lot is not very big for six houses. He stated that he does not understand how a $120,000 house can be placed on a lot that narrow. He stated that he feels it will bring existing property values down, noting that there are much larger homes across the street f rom this property . He stated that be could understand three but not six houses . B.e noted t hat he house would cover lots 3, 4 and 5. He quest ioned how wide the lots a .re proposed to be. Chairman Gray noted that the lot dimensions are noted on the plat that was provided to Mr. Engle. Mr. Engle stated that his lot is 100' X 170', noting t hat his lot covers two of the proposed lots. He reiterated his opposition for the density of the proposed development. He stated that more residents 5 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. from the neighborhood were suppose to be present tonight, adding that he plans to take a copy of the plat to those neighbors. He then questioned when the next Council meeting would be held regarding this property. Chairman Gray stated that when the City Council addresses this issue would depend on the Planning Commission action tonight. He went on to explain that this item is a specific rezoning request and would go to the City Council with any recommendation from the Planning Commission if the petitioner moves it forward. He then answered that May 20th is the next scheduled City Council meeting. Mr. James Kenly of 924 North Jeff Davis agreed with Mr. Engle that this is too many houses for the size of the property. He pointed out that at the corner of Hill Street and North Jeff Davis approximately 20 years ago sixteen rental units were constructed, adding that over the years it became a mess. He stated that he is not implying that is what will happen with the proposal but the density is high for that small a space. He related that he could see six or eight but not 12 lots. Chairman Gray closed the puhlic hP.aring at approximately 7:34 p.m. and opened a question and answer forum to the Planning Commissioners. Chairman Gray noted that this is the first time a PUD is being offered in the community, adding that this particular tract has been before the Planning Commission for almost two years under different circumstances. He noted that the planned unit development concept has been heavily discussed and specifically considered for this area. He asked the Commissioners for any questions regarding the design plan or the intent of the planned unit development. Commissioner Young questioned what the bill of assurance states the minimum size of home in the neighborhood should be or what the typical size of homes in the neighborhood is. City Engineer Whisker stated that the proposed development area is an older plat, explaining that the original plat has six lots facing North Jeff Davis backing up to six lots facing James Street. He stated that all twelve lots were 50' wide but almost 200' deep, roughly a 300' X 400' square. He stated that in this proposal Mr. Penn is taking lots 1 through 6, which is almost the same width with the exception of the green space through the middle and making the lots just less than half as deep. He then stated that he is not aware of the bill of assurance regarding the rest of North Jeff Davis. Chairman Gray surmised that while he is not familiar with the bill of assurance he believes the houses are at least 1200 square feet ranging up to 2500 square feet. He noted a mix of smaller and larger homes in the Brown Addition originally. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. Commissioner Young stated that given comments regarding the density factor, he questioned if Mr. Penn has considered combining some of the lots to offer a much larger house look. He questioned if Mr. Penn had considered going from six houses to three. Mr. Penn stated that he had not considered that, adding that his goal was for small low-maintenance lots. He stated that this is a popular concept in many cities. He stated that the larger homes would not be worth any more money per unit, adding that it is all about dollars and cents when you have to puL Logether a development. He otated that the homes will be low-maintenance, very tight yards with 25' front yard setbacks that meet Code. He stated that there were six 50' lots, so in theory he could have built six houses without requesting a rezoning; they would have been 200' deep lots and no one desires a 50' X 200' lot. He reiterated that he had not considered bringing the density down to three houses. Chairman Gray stated his understanding that each of the units throughout the entire project will have a double garage. Mr. Penn stated that he set out to do a double garage, adding that it is not going to be one of the criteria, at minimum an oversized single garage, such as a 16' garage. This would allow him to get a little more square footage and little bit less garage but every unit will have a 17' or 16' wide driveway so the occupant can park two vehicles side by side with at least a single-car garage but most will be two- car garages. Commissioner Young then noted that lots 6 and 12 are located adjacent to the open space and the sidewalk that boarders the open space, asking if there is anything to prohibit those two areas being abutted to that open space. City Engineer Whisker stated that the difference would be if the owner of lots 6 or 12 wanted to put up a fence beside their house to keep people from coming up beside their home. Chairman Gray asked if Commissioner Young were suggesting that the building line could be extended to the open space line such as with lots 3, 4, 9, and 10 as shown on the plat. Commissioner Young explained that he was trying to examine a solution to the cluster of 4, 5, 6, 10, 11, and 12; and sliding them to the open space. Mr. Penn offered to clarify, saying that the open space is the old part of Bertha Street and the easement that goes through there. He stated that there is a major drainage issue there, explaining that he is proposing to have a retention pond or retention ditch. He related that there would be no way to put houses into the open space. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. Commissioner Young stated that he was suggesting that it could be up to the abutting property line of the open space. He stated that he likes the open space in the middle of the development, not particularly with a sidewalk but just a green area. He pointed out that if 4, 5, 6, 10 and 11 were slid to abut the open space it would create that much larger green space. He stated that he was looking for some relief from the cluster of units. He then offered that the green area could have a meandering sidewalk that cuts down through the middle to get to the sidewalk away from the houses to prevent traffic from walking next to the exterior side of a house. Mr. Penn stated that he understood the concept, offering that it might be an asphalt path, something more "tree friendly". He stated that he would consider that. Commissioner Young then offered that lots 18 and 19 could also be slid over to again create a swath of green space, noting that it would create an additional 5' of green space. He stated that if all criteria to meet the PUD ordinance has been observed, he would be willing to go ahead and make that motion. Commissioner Young moved, seconded by Commissioner Keaton to approve and recommend to the City Council the rezoning of R-1 to a residential PUD for the proposed development area known as James Manor. MOTION CARRIED. City Attorney Bamburg clarified for the public that the rezoning would be before the City Council on May 20th at 7:00 p.m. Mr. Engle noted from the audience that the property was under water during the heavy spring rains. Chairman Gray responded that opportunity for the Planning adding those would be issues concerned about. He invited review of the sketch plat. review of the sketch plat would be an Commission to address those concerns, that the Planning Commission would be neighborhood residents to stay for the REQUEST TO APPROVE PLAT (S) : a. SKETCH PLAT Stanphill Road and Lemac Drive Tommy Bond of Bond Engineering stated that the sketch plat is the same as the original that was submitted to the Planning Commission with 10 lots. Chairman Gray noted that the property is a metes and bounds and would include the 140' easement area. Mr. Bond Stanphill stated that this is a Road and abuts Lemac narrow Drive, 8 tract which of land that fronts ends just past the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. pipeline easement. He stated that they submitted a plan on two separate occasions, adding that the property abuts the property that belongs to Mr. Penn's father and Mr. Camp was trying to develop. City En g i n eer Whisker then a nswe r e d that the lot dimensions do meet Code regardin g t he R-1 rezoning r e quest . He s tated that with the exception of t he l 5' s e tback on Sta nphill, the s e t.back on Lot 2 would have to b e ch ange d to a 25 1 min imum. He assumed t hat the sketch being presented is the same sketch that was reviewed by the Planning Commission six or eight years ago, so Ll1e setback has chcmged to a 25' setback. He added that the 140' lot between lots 9 and 10 would be requested by the City to become a park or easement. He recalled an earlier discussion before the Planning Commission regarding some property behind this property to the north that would be used as part of an access to that property to prevent it from being landlocked. Chairman Gray noted that as a sketch plat certain improvements would not necessarily be required at this time. Commissioner Keaton questioned if the City could grant access across the gas line easement to obtain access to the property on the north side. City Engineer Whisker explained that the easement is for the gas pipeline but the ownership of the land is with Mr. Crook. He stated that the City would request ownership of t he p r ope rty and continue to grant e asement right s, adding that the City wo u ld then e i t her treat the prop e rty as a park or use it as an a ccess e a s ement . He t he n added that at the least the City would request a 50' roadway easement. Chairman Gray noted that the easement area would be a consideration before the Planning Commission regarding the City's intent. Commissioner Young clarified with Mr. Bond that once the 25' setback is established it would leave 59' to accommodate single-family construction. Mr. Bond remarked that 59' would be plenty of space regarding a 40' home with a 10' side yard. Commissioner Young moved, seconded by Commissioner Brannen to approve the sketch plat of Stanphill Road and Lemac Drive with the addition of a 25' setback on lot 2 and dedicating an easement or green space to the natural gas pipeline area. MOTION CARRIED. b. SKETCH PLAT James Manor Development Chairman Gray noted that the James Manor Development is the sketch plat for the previous PUD i tern. He noted that this would be the opportunity to discuss the criteria of the sketch plat. 9 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. Commissioner Dollar supported the concept of a meandering walkway; she then stated that she would want to see a sidewalk wider than the ordinary 4' requirement, noting that standard width is mostly 5' now. Commissioner Young sidewalk that is not of the development. questioned City Engineer Whisker regarding a depicted on the plat that is around the loop area City Engineer Whisker concurred, saying that all streets that are not culdesacs, which are less than 20', are required to have sidewalks at least on one side. He then answered that he has always told developers not to put the sidewalk adjacent to the curb, adding that he has required at least a 2' separation between the sidewalk and curb so that mailboxes do not interfere with the sidewalks. He stated that most developers will put the sidewalk 3' back from the curb. Mr. Penn stated that B. J. Boroughs did a very nice development in Cabot and the sidewalk was adjacent to the curb and he has the property line between the curb and the sidewalk. He stated that this is a clean design; however he has not seen a lot of use of the sidewalks. He noted that there is only a small space between the curb and the building line and if he is not allowed to go up to the side of the curb then the sidewalk will not be very useable. Commissioner Young asked Mr. Penn what he would do with the mailboxes if the sidewalk was adjacent to the curb. Mr. Penn offered that he would return to the Cabot development to discern how that development addresses mailboxes. Mr. Bond offered that it could be addressed much in the same fashion as is done in apartment complexes. City Engineer Whisker stated that if the development offered a game mailbox (apartment type style) design he would not see a problem with that. Alderman Howard mailbox design, well. noted that some developments use a cluster type adding that he feels this type of design would work Mr. Penn stated that a common area maybe in front of lot 7 in part of the open area to establish a cluster mailbox design for the units on North James Street, adding that the units on North Jeff Davis would have plenty of room to set a mailbox. City Engineer Whisker offered that if the mailboxes were placed on the side of lots 13 and 16, crossing the street onto the open space on both sides then the only person who would have a problem would be the resident of lot 15. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. Commissioner Ott noted that the design could then feature a cross-walk on the street. City Engineer Whisker noted that to be a down side because it would encourage residents to cross the street while the whole point is to keep it internal. He stated that it might be better to go from lot 21 and just go on the inside of the circle or on the outside of the circle without having to cross the street. He then directed the Planning Commissioners to look at lots 16, 17, and 21, noting the part ot green space which is actually street righl-of-wdy. He added that it would not be a problem put the mailboxes in that area. In response to a question from Commissioner Brannen, it was clarified that emergency access would not be a problem. Chairman Gray clarified that the rear yard could be 10' or in some cases more. Commissioner Dollar asked Mr. Penn if he had considered an alley with rear entrance garages. Mr. Penn stated that there is no room, saying that they have tried different layouts, he loves the concept and that Sherwood is real big on that design. He stated that most of what Sherwood is doing is between $180,000 and $200,000 price range with literally about a 10' patch of grass in the front, a skinny street and an alley in the rear with only 15' of driveway. He stated that this particular parcel did not layout well for an alley . Commissioner Herbold commended the design, noting the decrease in density from previous designs. Chairman Gray noted that the 27' wide street is a very common street, and then questioned the proximity to other entrances in relationship to this development. City Engineer Whisker noted that Harvey Street would be the next entrance to the north. It was noted that Harvey Street would be approximately 400' from the development, with five houses between the development and Harvey Street. City Engineer Whisker noted that to the south 1s a shopping center. Mr. Penn noted that next to the open space is a residential rental property belonging to Tad Green that may be demolished if Mr. Green adds onto his shopping center. 11 j In response to a question Whisker stated that the 27' CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. from Commissioner Dollar, City Engineer back to curb -to back to curb is the design standard. He stated that in order for the City to accept the street it would have to meet design standards unless the Planning Commission required something different. He reviewed, saying that the only time anything different was designed was in Foxwood Estates behind a gate, which was the reason for a different design. He stated that at one time he believes there was discussion of making the street narrower but it was going to be a gated development with one owner, adding that the Planning Commission looked at that proposal almost one and a half years ago. He then answered Commissioner Herbold that the minimum requirement for fire equipment would be 20'. Commissioner Young offered a shift of the lots, saying that the idea would be to do away with the open space in the middle and shift the lots to create more standard setbacks between the houses with the meandering pathway, explaining that the green space would be moved to one side and another meandering pathway could be created to sort of frame the houses. He stated that it would get the sidewalks further away from the houses and it would make the outside sidewalks more appealing and neighborhood friendly. He stated that currently the first two lots are 5' from their neighbor's fence. Mr. Penn stated that the adjacent property owner is happy with this plan because the area has been a "grown up mess". Further discussion ensued regarding the middle Commissioner Ott commented that he sees a crime issue space between the houses especially with a zero lotline. open space; regarding the Chairman Gray reminded the Planning Commission that as a sketch plat, Mr. Penn is looking for direction given the general layout and design so he could return with a preliminary plat. Mr. Penn stated that he would like to settle on a plan before Mr. Bond redraws the design. Chairman Gray entertained other suggestions for Mr. Penn that would mandate a change of plans. He noted that Commissioner Young's suggestion would put green areas on both sides of the North Jeff Davis side with more of a meandering path on the south side with an increased green area by shifting the lots. Commissioner Herbold questioned if that redesign would only provide an additional 4' on the south side, noting that 10' of the middle open space would have to be left as boarders between 3 and 4, and 9 and 10. 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M. -8:17 P.M. Commissioner Young clarified that he was proposing to shift the cluster of 6 through 12 over to the edge of the open space, so that it is a resulting 15' of additional space at 1 and 7, 20' total from the property line to the side of the house. Chairman Gray noted that while 20' in reality is very small, it could overall enhance the community aspect of the PUD. City Engineer Whisker noted that Mr. Penn has been clear with him that he would like to get moving as quickly as possible since the <..le::;lt,Jll phase has been ongoing for almost two years. He added that Mr. Penn would like to move forward with the North Jeff Davis portion of the development. He noted that side to already have road, sewer and water. He stated that the only other thing Mr. Penn would have to do is bond for the sidewalks and pay for the connection fees. He stated that he assumes Mr. Penn is trying to get a preliminary/final for the North Jeff Davis side of the property on what would be lots 1 through 6 at the June Planning Commission meeting. He stated that if any reconfiguration regarding that area is suggested by the Planning Commission, now would be the most opportune time to direct Mr. Penn regarding those changes. Commissioner McCleary stated that the issue of water backing up onto this property needs to be addressed before moving on. City Engineer Whisker explained that the area drainage comes from behind the Second Baptist Church; it goes through the street easement and under North Jeff Davis, back behind the property known as "Canfield's old house". He then stated that both he and Mr. Bond believe that there are some issues regarding the piping downstream that causes the flooding upstream. He noted that the piping was constructed thirty or forty years ago. Mr. Bond explained that a large culvert was constructed on the hospital property north up the ditch, past "Canfield's old house", adding that he believes there is a 6' diameter pipe. He surmised that there is probably a problem getting the water under Jeff Davis so that it can drain into the ditch behind the Canfield house. He related that it could be fixed so that it would not flood the houses, adding that it would be the retention area so there would be some temporary flooding because it will be designed to flood some. City Engineer Whisker surmised that they would pull a lot of the dirt out to retain the water, letting the area fill with water so that it does not flood any of the houses, adding that as it stops raining it will drain off. Commissioner Young moved, seconded by Commissioner Dollar to approve the sketch plat with the concepts discussed and incorporated into the preliminary plat. 13 ' l CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 10, 2010 7:00 P.M . -8:17 P.M. Chairman Gray clarified earlier discussion specific to lots 1 through 6 with an emphasis on moving those lots for the preliminary and final plat submission. He went on to say that would include lots 7 through 12, mentioning the direction for having a meandering path and cluster mailboxes. Commissioner Herbold reiterated earlier discussion requiring driveway turnarounds for units 19 and 20. Chairman Gray noted that a preliminary would be submitted for the entire development and a final for lots 1 through 6 at the next Planning Commission meeting . He added that the bill of assurance along with the redesign of 19 and 20 would be a consideration. City Engineer Whisker clarified that even with recommended changes; the Planning Commission is forwarding the PUD rezoning to the City Council. It was the consensus to send the PUD to the City Council for rezoning. At this time, MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 8:17 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 AGENDA JUNE 14, 2010 7:00 P.M. Regular Planning Commission Meeting of May 10, 2010 REZONING: Lots 1-10 corner of Stanphill Road and Lemac Drive from R-6 to R-1A (metes & bounds) Petitioners: Andy & Tracy Smith Owner: Harold Crook PLAT(S): a. FINAL PLAT: Base Meadows PH 3 Petitioner: Greg Heslep Representative: Marlar Engineering (plat & b.o.a. included in packet) 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT b. REP LA T: Lots 1-6 St. James Place formally James Manor c. (James Street and North Jeff Davis) Petitioner: Dickie Penn Representative: Bond Engineering PRELIMINARY PLAT: Courtyard Cottages, Lot1 Petitioner: Terry Burress Representative: Bond Engineering REVISED SITE PLAN: Courtyard Cottages Petitioner: Terry Burress Representative: Bond Engineering OPENING REMARKS: The Planning Commission of regular session on June 14, approximately 7:00 p.m. attendance. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M. the City of Jacksonville, Arkansas met in 2010. Chairman Gray opened the meeting at expressing appreciation to those in ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, John Herbold, Joe Ott, and Alderman Howard answered ROLL CALL. Chairman Gray declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were City Engineer Jay Whisker, Mike Traylor, Tommy Bond, Dickie Penn, Aaron Robinson, David Jones, Tracy Smith, interested citizens, petitioners, and press. PRESENTATION OF SERVICE PLAQUE TO MIKE TRAYLOR: Chairman Gray presented former Chairman and Planning Commissioner Mike Traylor with a service award plaque for his service and volunteerism to the City of Jacksonville and the Planning Commission from January 2003 through December 2009. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Young moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 10 May 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING Lots 1-10 Corner of Stanphill Road and Lemac Drive from R-6 to R-1A Chairman Gray clarified that even though the property is being presented as lots 1-10, technically the property is still on a metes and bounds description. Chairman Gray opened the public hearing at approximately 7:02p.m. Representative Tommy Bond related the property was approved last month for a zoning reclassification from R-6 to R-1, explaining that the petitioner is now requesting to change that request to R-lA. He explained that the developers withdrew the R-1 request before being finalized by the City Council and is requesting that the Planning Commission give consideration to reclassifying the property as R-lA. He presented the Planning Commission with sketches showing the intention to subdivide the property into 12 lots. He stated that the R-lA minimum lot size is 50' X 100', adding that the proposed lots would range in depth from 128' up to 148' X 50' wide. He related that the gas pipeline area would be donated to the City as a park/access easement. With no one to speak in opposition, Chairman Gray closed the public hearing at approximately 7:04 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M. In response to a question from Commissioner that the change is a dimensional issue. developer has had success with smaller dimensions in Runyon Acres. Young, Mr. Bond responded He explained that the houses built with these Developer Tracy Smith then answered that the proposed houses would be 1,000 to 1,200 square feet, adding that there would be a minimum of 8' between each house. She went on to say that the houses would probably' be 3 bedrooms with 2 baths, adding that some of the homes would have 1-car ya.rageg. Chairman Gray clarified that the predominant change would be the lot width from a 60' minimum to a 50' minimum. Mrs. Smith offered that the reason for the dimensional because of the expense of sewer and water, adding that the would make the project {easible. change was extra lots In response to a question from Commissioner Ott, Mr. Bond related that there were 10 proposed lots in the former sketch that were prepared for a mobile home subdivision. Mrs. Smith pointed out that the new project would be single-family housing as opposed to a mobile home development, answering that t he proposed price range is estimated around $90,000 to $115,000. She then answered t hat she felt sure if approved, the project would begin within the next four to six months. She then answered Chairman Gray that they have closed on the property. Mr. Bond clarified that the street is complete, adding that the only issues would be water and sewer. In response to a question £rom Commissioner Young, City Engineer Whisker concurred, saying that the only issues would b e water, sewer, and sidewalks . He related that the project is attached to a subdivision recently reviewed by the Planning Commission, which would finish the water line stretching from Stanphill to Southeastern. Alderman Howard moved, seconded by Commissioner Herbold to recommend to the City Council the rezoning of property located at the corner of Stanphill Road and Lemac Drive from R-6 to R-lA. MOTION CARRIED. REQUEST TO APPROVE PLAT(S}: a. FINAL PLAT Base Meadows PH 3 Mr. David Jones of Marlar Engineering, representing for owner Greg Heslep, stated that construction has been c ompleted and the as builts have been assembled to the utili ties. He stated that the utili ties have approved those, adding that this phase consist of 18 lots. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M. City Engineer Whisker stated that the developer has completed requests of the City, adding that the sidewalk along Hwy. 107 has constructed along with the street with leave-outs for driveways. stated that the improvements look great and it was a fantastic adding that the utilities have given approval. all been He job, Commissioner Herbold moved, seconded by approve the final plat of Base Meadows PH CARRIED. Commissioner Brannen to 3 as presented. MOTION Discussion ensued regarding a cancelled City Council meeting, noting that the next time the City Council would meet would be July 1, 2010. City Attorney Bamburg clarified that the plat could not be filed until after the City Council approves the final plat. b. REPLAT Lots 1-6 St. James Place formerly James Manor Development Mr. Dickie Penn stated that he is requesting to final plat these six lots and be permitted to move forward. Chairman comments meeting. Gray and not.erl that suggestions the lots have been from the previous redrawn to reflect Planning Commission Mr. Penn stated that they incorporated the requests from Commissioners Dollar and Young. Mr. Bond clarified that the two end lots are 4 3' wide and the open space was moved from the middle to each end of the lots as per requ~st of the Planning Commission. He explained that this is a replat of existing lots. Chairman Gray clarified with Mr. Bond that what is being considered is a replat of the original lots in the Brown Addition, noting that it had been rezoned into a PUD. Mr. Bond agreed, suggesting that it saying that these lots is Phase I of the PUD. are part of the PUD, Chairman Gray stated that he referred to as a replatting needs to be PH I of the PUD. wanted of the to make sure Brown Addition, that it adding is not that it City Engineer Whisker stated that he would consider it to be both, but offered that in order to make sure it matches the bill of assurance for the district being set up, it would be best to call this the final plat of Phase I of St. James Place. Mr. Bond stated that it also needs to be referred to as a replat so that the abstractors can follow the chain of title. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M Chairman Gray concurred, stating that in his opinion it needs to refer to the PUD, which is not only this property but the additional property that fronts North James Street. It will be considered PH I of St. James Place PUD also a replat of lots 1-6 of the Brown Addition. Commissioner Brannen questioned if the present proposal would affect the overall PUD, and if it does affect the PUD how would that then dffe=cL the City Council having rejected it last time and sendinl} it back. City Engineer Whisker clarified that the reclassification to a PUD was passed at the last City Council meeting of June 3rct and the Phase I and/or replat matches the top six lots on this plat. He offered that the reason the rest of the PUD is not on this plat is because the utilities and roadway have to be engineered. He noted that all improvements for lots 1-6 are existing, adding that the developer would have to bond for sidewalks. Commissioner Young questioned if the lot lines are where they were originally, asking for clarification regarding the adjustment. City Engineer Whisker stated that originally the open space was between lots 3 and 4, which have now been shifted to lots 1 and 7 in order to create distance from the southern neighbor. He continued saying that instead of lots 3 and 4 having a zero lot line with open space, lots 1 and 6 now have zero lot lines along the open space as well as 7 and 12. Commissioner Young clarified that his question was in reference to the original plat. He stated that a replat would be an official change from the original plat. Mr. Bond explained that the original plat consisted of six 50' wide lots. He added that it shifts the lot lines slightly. He related that lots 2 through 5 are still where they were, adding that the back halves of the lots were cut off. He clarified that these lots are 95' deep while the original lots were 190' deep. Commissioner Young then clarified that the front yard setback on North Jeff Davis is 25' and City Engineer Whisker noted that the rear yard setback is 10' and 5' from either side. It was noted that the front yard setback regarding existing homes on North Jeff Davis is 35'. Mr. Penn stated that there are some sporadic setbacks closer than 35' toward the corner, adding that they are much older homes. Commissioner Young moved, seconded by Commissioner Herbold to approve the replat/final plat of PH I of lots 1-6 of St. James Place. MOTION CARRIED. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M c. PRELIMINARY PLAT Courtyard Cottages, Lot 1 Mr. Aaron Robinson of Bond Engineering stated that this is a one lot subdivision, noting that the Planning Commission had reviewed the site plan previously. He stated that in talking with City Engineer Whisker it was recommended that the property be platted. City Engineer Whisker explained that the project has been three years in the works, adding that the developers have finally secured State funding. He stated that the developer is doing the project in two separate sizes, clarifying that it will be apartments for the elderly. He stated that they are proposing that the project would be similar to Otter Creek, also similar to the senior residences at the end of East Martin. He related that the site plan was approved, but had a problem so it is being resubmit ted. He noted the need to have the property platted. He stated that the plat would require sidewalks along Military and Loop Roads. He noted that Loop Road has 100' of right- of-way, explaining that the actual street is built on 50' of that right-of-way. He stated that there is 75' of right-of-way to the west and 25' of right-of-way to the east. He stated that when Loop Road becomes a 4-way street there is 50' of riqht-of-way to build. He noted that the proposed property is located to the east, explaining that ideally the finished side would have curb, gutter, drainage and sidewalk. He related that it is his understanding that the cost of curb, gutter and drainage for this particular piece of property is probably going to be prohibitive for the apartments to be built. He stated that the curb and gutter would not be so much of a problem but once you start that you need to have piped covered drainage instead of open drainage. He stated that curb and gutter with open ditches could allow for future covered drainage to be constructed. Mr. Robinson agreed, noting that there is a detention area up front. He stated that with the open swells there is the possibility that when everything is reconfigured and redone that some drainage could be put in. He then added that the sidewalks would probably have to be taken out to have drainage put in. City Engineer Whisker pointed out that Murrell Taylor Elementary School is located directly behind this piece of property and there are sidewalks along Loop Road on the west side through this area. He then explained that this property attaches to First Electric Cooperative, pointing out that it has curb, gutter, drainage, and sidewalks. In response to a question from Chairman Gray regarding the project at Graham and Loop Roads, City Engineer Whisker recalled that because the houses do not attach to Loop and because it has 75' right-of-way curb and gutter were not required on that corner of Loop Road. He stated that it is on the unfinished side of Loop Road. He went on to say that the City did require sidewalks but no curb, gutter, or drainage. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M He stated that the swells take in the water and runs it across Loop Road. He noted that First Electric does access off Loop in at least three separate locations. He noted other areas in town that have homes that back up to the street, explaining that the City did not make the developer put in curb and gutter. In response to a question from Commissioner Brannen, City Engineer Whisker noted that the site plan had been through the Planning Commission earlier, adding that the revised site plan is on the agenda following Llle p.t:eliminary plot. He then added thF.lt hP. has not seen the landscaping plan as yet, but it is his understanding that some of those details are still being worked out. He stated that at this stage of the development, sidewalks are the most important issue for the City. Chairman Gray clarified that the request is for a preliminary plat with sidewalks but no curb and gutter. He then explained that the difference being that in other circumstances when developing straight off the street, we would ask for curb and gutter. City Engineer Whisker agreed, noting that the Crooked Creek Subdivision backs up to General Samuels and there is a sidewalk along the back and in-between is the ditch. He stated that when you have an enclosed type subdivision, the street's curb and drainage falls back into the City's hands for construction. He stated that when houses face the street, typically the developer will cons t ruct the curb, gutter, and drainage. He r e lated that this would follow under the same pattern; t h e r e are two drivewa ys into the development. He added that some of the apartments would back up to Loop Road with a fence around the entire development. Discussion ensued as to the responsibility of the City to curb and gutter when Loop Road is widened. Commissioner Young questioned if typically developments, are street improvements required. on large scale City has required those offered First Electric in Electric is not a self City Engineer Whisker stated that the improvements, adding that is the reason he the discussion. He then added that First enclosed complex, it faces Loop Road. Chairman Gray clarified that the City is not requesting sidewalks with no street improvements on Military Road, noting that it is a State Highway . City Eng i neer Whisker agreed, saying that street improvements on Mi l i t a ry Road would be up to the Highway Department. He added that the City is requesting a sidewalk along Military to help adva nce the sidewalk to Murrell Taylor Elementary School. Commissioner Young raised the question of having street improvements between the entrances and then the City could fill in the remainder. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M City Engineer Whisker stated that the developer will do as the Planning Commission directs, noting that Loop Road is a major thoroughfare and entrance to the City of Jacksonville. He then answered that the sidewalks would be on the City right-of-way line as a way to define the City rights-of-way. Discussion clarified that the west side of Loop Road is the right-of- way for widening the street and the east side will have no more improvements with the exception of curb and gutter. Loop Road will not be any closer to the property than it is currently. City Engineer Whisker stated that unless a center turn lane or a right hand turn lane were put in the road, the curb and gutter would be put in 13' behind the center line of Loop Road. Chairman Gray noted that there is a 100' right-of-way which is larger than most rights-of-way, normally they are 50'. City 13. 5' Engineer Whisker stated that behind the curb and gutter. 25'from the property. typically the City has 50' with The sidewalk would be from 22' to In response to a question from Chairman Gray, City Engineer Whisker stated that this property does not have any drainage or flooding problems. He explained that the water goes through the north end of the property and there is some drainage through the property. He related that they are using some of the front swells as detention to help with any water that would flow through to the east that might affect the neighbors due to the construction of this property. In response to a comment from Commissioner Herbold, City Engineer Whisker related that the units form a circle around the central theme of the parking lot through the center of the development. He then related that the four-plexes have fronts on both sides. He explained that because they are apartments they are considered differently, adding that the drives are not directly off Loop Road. Discussion ensued regarding the street improvements and drainage along Loop Road. In response to a question from Commissioner Young, City Engineer Whisker stated that the Master Street Plan calls for Loop Road to be arterial but does not address the curb factor. Commissioner Young stated that he could support no curb and gutter if the Master Street Plan called for it to be a rural type street without curb and gutter. He related that the main thing would be to have it more conducive to school children and senior residents using the sidewalks by having the ditch covered. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M Mr. Robinson stated that it could be designed that way, but it comes down to a matter of money. He related that this project is already over budget and they are trying to cut expenses. He added that they have agreed to sidewalks but are trying to stay away from having to put in bigger drainage pipes regarding the detention, curb, and gutter. He stated that once you put in curb and gutter you have to socket the stree.t to get a smooth edge and usually you have to come back and fill that in and overlay. He stated that it looks nicer from an aesthetic sLdudpoint, but it io u matter of money. Mr. Robinson then noted that he is having to request that the site plan be tabled because the landscaping plan did not get submitted, saying that he would bring it back next month. He then offered that if the Commission would like to table this item until next month, he would be agreeable. Commissioner Brannen moved that the Preliminary Plat of Courtyard Cottages be tabled until next month. Commissioner Young offered that he felt a motion for the preliminary plat could be accomplished at this meeting. City Attorney Bamburg offered that if the petitioner pulls the revised site plan from the agenda he could return later, which would keep the Planning Commission from having to take any formal action. MOTION dies for lack of a second. Commissioner Young moved to approve the Preliminary Plat of Courtyard Cottages. City Engineer Whisker questioned if the approval had any contingencies for drainage improvements or sidewalks. Commissioner Young withdrew his motion. stated concerns for setting precedence, prevent all developers from requesting relief saying that such improvements would be cost Commissioner Herbold questioning what is to from improvements and preventative to the difficult to draw. project. He stated that the line will be Chairman Gray questioned the contingencies for Graham Settlement. City Engineer Whisker stated that it was sidewalks only, the difference being that it is on the undeveloped side of Loop Road. He explained that is the side of Loop Road that would be extended, adding that the existing Loop Road would become the two east northbound lanes. He related that the southbound lanes would be built closer to Graham Settlement. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.M Mr. Robinson then noted that there are sidewalks on the undeveloped side of Loop Road also. Mr. Bond clarified that if they were to have built the curb and gutter it would have had to be 20' back from the edge of the existing side of Loop Road. He then answered Chairman Gray that for the opposite side of Loop Road across from Graham Settlement, they proposed to have the houses back up to Loop without improvements to Graham Road. City Engineer Whisker noted that for one proposal they had discussed having the houses face Loop and build an additional lane of roadway with curb and gutter because they were facing Loop Road. He then related that there was discussion about facing the houses toward Loop Road and building a 20' asphalt alley to the rear with back garages. Chairman Gray questioned if any of those plans included curb and gutter for Loop Road. City Engineer Whisker stated that it did when it was being proposed that the houses would face Loop Road. Commissioner Young questioned the circumstances for Base Meadows. City Engineer Whisker stated that the developer dedicated 25' of right-of-way along Hwy. 107 and constructed a sidewalk at the right- of-way line leading up Hwy. 107. He then noted that none of the houses face Hwy. 107 and there is no existing curb or gutter on Hwy. 107. He stated that the extra right-of-way is for expansion. He then answered that Crooked Creek has internal sidewalks, curb and gutter but there is none along General Samuels. He stated that Harris Road has curb and gutter but those houses face the street. Commissioner Herbold questioned if curb and gutter were required regarding the Smith Addition off North First Street and Woolfort. City Engineer Whisker stated that it was required for some distance. Mr. Robinson stated that it was required along North First Street regarding the three lots that face North First Street, adding that they dedicated 25' of right-of-way regarding the private road. He then noted that they put in curb and gutter down to where the entrance drive is but not the remaining part of Woolfort. Commissioner Ott raised the issue of having Mr. possibility of curb and gutter between the two development. 9 Robinson present the entrances into the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2010 7:00 P.M. -8:01 P.K Commissioner Young stated that he feels the precedent for any large scale development, whether it faces the street or not, should contribute to the improvements of the streetscape calling for curb, gutter, and sidewalks. Commissioner Brannen moved, seconded by Commissioner Young to table the preliminary plat until the next regularly scheduled Planning Commission meeting of ,July. MOTION CARRIED. BUILDING PERMIT(S): REVISED SITE PLAN Courtyard Cottages Petitioner withdrew the item of business until further notice. GENERAL : ANNOUNCEMENT: ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 8:17 p.m. Respectfully submitted, 10 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE AGENDA JULY 12, 2010 7:00 P.M. Regular Planning Commission Meeting of June 14,2010 CONDITIONAL USE: 1516 South Hwy. 161, Lot 14, Bailey Addition Petitioners: Tommy L. Dodson PLAT(S): a. LANDSCAPING PLAN: Courtyard Cottages Loop & Military Roads Petitioner: Terry Burress Representative: Bond Engineering 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT TABLED LAST MONTH Courtyard Cottages Preliminary Plat Site Plan b. REPLAT: Lot 14, Woodland Heights Subdivision Petitioner: Jim Durham Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. -7:52 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on July 12, 2010. Vice Chairman Young opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Susan Dollar, John Herbold, Joe Ott, and Alderman Howard answered ROLL CALL. Vice Chairman Young declared a quorum. PRESENT (6), ABSENT (3). Others pre~ent for the meeting were City EnginPPr Jay Whisker, Aaron Robinson, Mr. Tommy Dodson, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Howard moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 14 June 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE of C-3 property at 1516 South Hwy. 161 Lot 14, Bailey Addition for R-2 use Vice Chairman Young opened the public hearing at approximately 7:05 p.m. Mr. Tommy Dodson e xplained that the property is l ocated on South Hwy. 161, adding that there is a house on t he prop erty t hat will have to be demolished. He stated that he was told that the property was commercial and he would need to request a conditional use in order to construct a duplex on the property. With no one to speak in opposition, Vice Chairman Young closed the public hearing at approximately 7:07 p.m. City Engineer Whisker concurred, noting that the older house is in disr epair and Mr . Dodson has expr e ssed his desire to go forward with plan s for new cons t r uction r e gar-ding a duplex. He related that there is housing mixed with commerci al i n the a rea . He explained that the property is located north of City Paint and Body on Trickey and South Hwy. 161. He noted that the property has houses on both sides of the property. In response to a question posed by Alderman Howard, City Engineer Whisker stated tha t t he e ntire are~ of South Hwy. 161 is zoned commercial, explaining that mo st property own e r s want to r e tain the commercial zoning for resale benefit. He n o t ed that Hwy. 161 is a high traffic area where comme rcial zoning is noLJnal , add ing that this property is located l ess than a bloc k from Trickey Lane . He o f fered that he feel s the propose d plan is an i mproveme nt to the property, saying that it is in keeping with the residential use of the area. He offered that the conditional use would exists as long as the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. -7:52 P.M. duplex is there, which he considers to be a long time. He then answered that the dimensions of the lot would fit for a normal duplex lot of 60' X 100'. Commissioner Herbold moved, seconded by Commissioner Dollar to approve the condi tiona! use of property located at 1516 South Hwy. 161 from C-3 to R-2 for a duplex. MOTION CARRIED. REQUEST TO APPROVE PLAT (S): Landscaping and Site Plan for Courtyard Cottages Aaron Robinson of Bond Engineering presented the landscaping plan, stating that the plan meets all ordinance requirements. City Engineer Whisker stated that normally landscaping plans would come before the Planning Commission when it does not meet all requirements, adding that this plan does qualify and is part of the site plan as a whole package. Vice Chairman Young noted that the site plan had been tabled from the previous meeting regarding issues with street improvements. Mr. Robinson explained that sidewalks were added along Loop Road and Military Road as requested. He went on to say that they are still requesting relief from having to construct half-street improvements on Loop Road. He stated that due to the history in Jacksonville, whenever the front face of the building is not facing the main road or when there is internal parking and roadway, street improvements have not been constructed. He cited Foxwood Estates, which is on the same side of Loop Road that did not have requirements for sidewalks or half-street improvements. He went on to say that the subdivisions of Crooked Creek, Graham Settlement, or Jacksonville's Industrial Park do not have sidewalks or half-street improvements. He also noted Forrest Oaks, pointing out that there were no half-street improvements on Harris Road and with Lost Creek there were no half-street improvements on General Samuels. He also cited Graham Woods as not having a requirement for half-street improvements on Graham Road. He noted the apartment development of Chapel Ridge saying that there were no requirements for sidewalks or half-street improvements on Stanphill or Military Roads, adding that there were no half-street improvements for Faith Subdivision on North First Street or sidewalks on Woolfort and the Meadows Subdivision had no half-street improvements to Cloverdale. He stated that to be the reason that they are agreeing to construct the sidewalk, but are asking for relief from having to construct half- street improvements on Loop Road. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. -7:52 P.M. Vice Chairman Young stated that the Planning Commission needs to form a consensus on whether half-street improvements would be a standard requirement for all projects. He stated that half-street improvements should be a requirement otherwise it makes the City responsible for having to go back and construct those improvements. He asked City Engineer Whisker if the City is recommending acceptance of the landscaping and site plans. City Engineer Whisker concurred with the acceptance of the landscaping plan, sdylng that it meets Municipal Code. Commissioner Ott moved, seconded by Commissioner Herbold to accept the landscaping plan as submitted. MOTION CARRIED. PRELIMINARY PLAT and SITE PLAN for Courtyard Cottages City Engineer Whisker noted a change in the preliminary plat, saying that the developer would like to take 5' away from the south side of the sidewalk on the north end of the project. He explained that the reason is that they do not want to have the sidewalk on their property with an easement; they would rather that the sidewalk be a right-of- way owned by the City of Jacksonville. He related that the existing sidewalk leads from Loop Road and goes to the north end of the property heading towards Murrell Taylor Elementary School. He explained that it take between 5 and 8 feet off the north end of the property, saying that the plat would be 5' less along the no:Jrth end which is a minor detail. He reminded the Commission that the preliminary plat would be the time to decide regarding half-street improvements. He then answered that the City maintains all existing sidewalks, while the adjoining property owners would own the grounds on either side. In response to a question posed by Commissioner Ott, City Attorney Bamburg clarified that there are specific requirements regarding the responsibilities for improvements. He stated that in the past there has been circumstance where project by project an assessment was determined. City Engineer Whisker offered that typically the decision has had to do with whether the road was projected to be widened. He stated that General Samuels is a busy road and at some point, it will be widened to a four-lane road. He then stated that Graham Settlement is on the corner of Graham and Loop Roads, explaining that Graham on the north side is getting widened and additional right-of-way was requested at the time of development for that project. He added that the additional right-of-way is being purchased to move forward with that road project. He reminded the Commission that per the conversation from the previous meeting, Loop Road on the west side is projected for widening and has 7 5' of right-of-way for curb and gutter when that 3 I J CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. -7:52 P.M. project proceeds. He stated that the example would be First Electric who built curb and gutter on the east side of Loop Road because that side of the street is not a part of the 75' of right-of-way necessary to complete Loop to four lanes. Vice Chairman Young questioned what would trigger the requirement for street improvements regarding new development. City Engineer Whisker stated that clear, when development occurs next responsible for street improvements. the subdivision regulations are to a street then the developer is Commissioner Herbold noted that some of the proposed buildings would face Loop Road. City Engineer Whisker concurred, saying that Mr. Robinson's point was that the roads are internal to the development, which differs from when a house has access onto the street. He clarified that typically buildings within an apartment complex are not oriented to the street. He further clarified that Mr. Robinson is saying that everything about this complex is internal; therefore, the apartments really do not face the road. He acknowledged that some of the buildings do seem to be oriented towards the street. He stated that Mr. Robinson's point is that you do not access the development from any point since it is fenced. He then answered that from the north edge of this property it is curbed and guttered in front of First Electric. Commissioner Dollar stated that she does not favor improvements being waived, adding that Mr. Robinson made that point earlier, saying at what point does the Planning Commission require curb and gutter. Commissioner Ott pointed out that the last time this was addressed was when Base Meadows developed another phase, noting that the reasoning was because it was a State highway. Vice Chairman Young questioned with the development being fenced was there any thought to access to the sidewalk without going out through the main access. Mr. Robinson stated that there would be no direct access from' the internal sidewalk to the sidewalk around the development. He then answered that the intent was to keep everything internal and the development is not proposed to be gated. In response to a question posed by Vice Chairman Young, Mr. Robinson answered that he did propose the idea of street improvements between the two access drives and the developers were not opposed to that concept. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. -7:52 P.M. Vice Chairman Young stated his feeling that it would be a start in the right direction even if the rest of the perimeter were waived. He then offered that the Commission might need a planning session to clarify what triggers the requirement of street improvements. In response to a question from Commissioner answered that there would be approximately Electric curb and guttering to where the curb wit.l! Lhis development. Herbold, Mr. Robinson 220 feet from First and gutter would begin City Engineer Whisker interjected that he did not believe that curb and guttering on the north end was as major a concern. He noted that there is drainage in that area and the piping to achieve a flat surface without a ditch would escalate the development costs. Mr. Robinson explained that the problem with the north end is that there is a pipe running underneath Loop Road and three oth er pipes that come from First Electric on the north part of the property that runs underneath the existing sidewalk. He continued saying that the pipes are not parallel to each other but are separated, adding that it is easier to have an open ditch than it would be to build a lot of junction boxes to collect the pipes, connect them together and then build another pipe to another junction box to collect the last pipe. He stated that 220 feet of curb does not sound bad, adding that he had asked City Engineer Whisker if they did the curb and sidewalks, could they have an open ditch behind the sidewalk. He then related that there is sewer in that vicinity that they will have to address. City Engineer Whisker stated that his answer to Mr. Robinson was if the City is going to do half-street improvements then he wanted to have piping and a flat s ur£ace between the curb, gutter and s idewalk. He went on to say that i f they want an open ditch it would have to be on their side o;f the fence to address drainage. He stated that he believes there we re problems getting that to £it into t he layout of the development. Mr. Robinson noted that with the sewer pipe being on the property and with the location for parking, it was not feasible to move the ditch. He cite d the area in front of Bond Engineering and Durham's strip center where curb and gutter was constructed with an open ditch behind that. He added that the only place piped was underneath the driveways. He offered that he did not feel t hat the developer would object to constructing the 22 0 feet of curb and gutter to connect to First Electric if they could have the open ditch behind the sidewalk. Vice Chairman Young confirmed that they would also be responsible for the street improvements between the two drives. 5 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. -7:52 P.M. Mr. Robinson concurred, saying that the only place where there would be no curb and gutter would be from the last drive to the intersection. Commissioner Ott mentioned that the sidewalk being further from the vehicles would be safer for pedestrian traffic. Mr. Robinson pointed out that you would have to cross the ditch to access the sidewalk from the road. Commissioner Ott moved, seconded by Commission Brannen to approve the preliminary plat of Courtyard Cottages stipulating that curb and gutter be constructed from First Electric through to the second southern access with sidewalks on Loop and Military Roads, allowing for an open ditch from the northern access to First Electric. Mr. Robinson clarified that the location of the open ditch would be behind the 220 foot from the northern access to the sidewalk that goes down to Murrell Taylor Elementary School. At this time MOTION CARRIED with Commissioner Dollar voting NAY. SITE PLAN for Courtyard Cottages Mr. Robinson explained that the first building at the north entrance encroaches over the 25' setback, asking for a waiver of that setback. He then explained that once the 5' of property on the north end of the development is deeded to the City, the building adjacent would also need a setback waiver. He stated that both buildings would require a 7 or 8 foot waiver. He then answered that there would be 17' between the building facing Loop Road and the fence. City Engineer Whisker pointed out that it would be the reverse; the waiver for the building facing Loop Road would be 17' and there would be 8' from the building to the fence. He explained that the miscalculation occurred when the cord line was drawn on the site plan, noting that because of the direction of the internal street there was no way to move the building back to make it fit behind the setback. He further explained that the grant is specific to the number of units. He then answered Vice Chairman Young that there are no issues regarding access. He noted an emergency turnabout requested by the Fire Department. Discussion ensued buildings and Mr. determined that the as to the feasibility of turning some Robinson stated that it was considered parking area would be lost. of but the was City Engineer Whisker answered that a 17' waiver is excessive regarding the typical request of waiver, adding that this is behind a fence and would not stand out like a waiver regarding a row of houses. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. -7:52 P.M. Mr. Robinson then answered that the buildings would be single story. Mr. Burress addressed the issues regarding the fence, saying that the fence along Loop and Military Roads would be a 6' powder coated steel picket fence. He then explained that the fence along the north and rear sides would be a 6' opaque wooden fence. He stated that this would provide property control and security for the tenants. Alderman Howard moved, seconded by Commissioner Herbold to approve the site plan ~or Courtyard Cottages and a 17' setback waiver for the building facing Loop Road and an 8' waiver for the building located at the north end of the property. MOTION CARRIED. b. REPLAT Lot 14, Woodland Heights Subdivision Petitioner Jim Durham explained that the replat is part of a piece of property that belonged to a parcel that faced Red Fox Lane formally owned by Will and Tommy Bond. He stated that his home is on lots 14 and 15 of Woodland Heights, explaining that this would create a larger backyard for his home. He stated that even with his home having a 25' front yard setback there is only a small area of backyard. He noted issues regarding the 10' drainage easement that would be helped by having this property attached to his current property. City Engineer Whisker explained that the first six houses on the west side of Northeastern is on a metes and bounds, adding that the house this property currently belongs to was built on the east half of the lot. He continued saying that the west half of the lot is an open area. He explained that the proposal is to sell that property to Mr. Durham so another house could not be built on the vacant property. He stated that Mr. Durham's property, being lots 14 and 15, back up to this property. He stated that the property would become one large lot and that would prevent an additional house being built on Red Fox Lane. He then answered that the only advantage to joining the properties is because of tax parcels. Mr. Durham concurred, noting that lots 14 and 15 were combined on one tax bill. He stated that the City Engineer has the authority to approve replats without having to run them through the Planning Commission but because of his position with the City and the Mayor's transparency policy, it was felt this would be more in keeping with the goals of this administration. He related that his intentions are to replace the wooden privacy fence with brick fencing with decorative lightening. He t h en offered that he would install an automatic gate off Red Fox Lane providing access to the rear of his property, adding that the gate would carry the same setback as the houses on Red Fox Lane with a green area adjacent to the street. He then noted that there have been problems not being able to get out of his subdivision during heavy flooding on T.P. White, explaining that he would tie this 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2010 7:00 P.M. -7:52 P.M. access into his existing driveway allowing for emergency access for neighbors or the Police. He assured the Commission that it would be positive improvements for the property. Commissioner Herbold moved, seconded by Commissioner Brannen to approve the replat of Lot 14, Woodland Heights Subdivision. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Vice Chairman Young without objection adjourned the meeting at approximately 7:52 p.m. 8 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE AGENDA AUGUST 9, 2010 7:00P.M .. Regular Planning Commission Meeting of July 12, 2010 PLAT(S): a. REPLAT: Lots 10Z & 11Z to 10ZR Pennpointe Subdivision, PH II 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT Petitioner: Terry Vick II & Nicole Matsoukas Grantor: Dickie Penn Representative: Bond Engineering b. FINAL PLAT: Graham Woods PH I Petitioner: Dana Nixon and HW Tucker Representative: Bond Engineering OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2010 7:00 P.M. -7:25 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on August 9, 2010. Chairman Gray opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, Susan Dollar, John Herbold, Joe Ott, and Alderman Howard answered ROLL CALL. Chairman Gray declared a quorum. PRESENT (9), ABSENT (0). Commissioner McCleary arrived at approximately 7:19p.m. Others present for the meeting were City Engineer Jay Whisker, Aaron Robinson, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Herbold moved, seconded by Alderman Howard to approve the minutes of the regularly scheduled Planning Commission meeting of 12 July 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. REPLAT Lots 10Z & 11Z to 10ZR Pannpointa Subdivision PH II Mr. Aaron Robinson of Bond Engineering explained that the request is a replat of two lots to one lot in the Pennpointe Subdivision, adding that the owner plans to construct an addition to the existing home. He then noted that the bill of assurance grantor, Mr. Dickie Penn; has approved the request. City Engineer Whisker related that the utility companies do not have any problems with the request. Commissioner Young moved, seconded by Commissioner Dollar to approve the replat of Lots 10Z & 11Z to 10ZR Pennpointe Subdivision PH II. MOTION CARRIED. b. FINAL PLAT Graham Woods PH I Mr. Robinson related issues regarding the utili ties, noting that the letters of warranty and as builts were received today. He stated that all items for the Water Department check list will deliver that to Mr. Simpson of the Water Department tomorrow. He then stated that all the requirements for Water and Wastewater should be satisfied. He went on to say that the only other issue is along lots 17 and 18, explaining that there is a concrete crossing across the ditch that is used by the City for maintenance of the ditch. He noted that during submission of the preliminary plat, City Engineer Whisker had requested a 15' easement, explaining that in discussions it was noted that a fence could not be constructed to rear of those lots. He then added that the only revision to the final plat is to make the northern CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2010 7:00 P.M. -7:25 P.M. boundary line more at an angle to keep the 15-foot easement so City tractors can gain access to the ditch area for maintenance. City Engineer Whisker noted that the property backs up to Duva Branch Creek, the Creek that runs behind Stonewall Subdivision. He noted that the City maintains that ditch area adjacent to the proposed Subdivision. He noted that a property owner would be responsible for the upkeep of an easement but the City would be running tractors across the area. He related that such an option does not seem fair to the property owner, sugges t.ing that instead of Fin easement . the City would have ownership of that property. He went on to explain that this would allow the property owner to fence their property and the City will still have access to the area it maintains. He then explained that in this specific vicinity there is a low-water crossing of concrete that the tractors can drive across and also backup, but they also need room to turn, which is what the 15' represents. He stated that he is requesting that lots 17 & 18 be reduced by 15' on the northern side of the lot to accommodate maintenance access for the City. He noted that lots 17 & 18 would still meet R-1 lot zoning requirements of 60' X 100', adding that the lots are currently 130' deep. Discussion ensued and it was clarified that the lots would be 115' deep at the least and maybe 120'deep if the City can fit a tractor in that 10' area. Other discussion ensued regarding the constant maintenance issue involved with making this property an easement, which would prevent the property owner from being able to fence the rear of their property. In response to a question from Commissioner Young, City Engineer Whisker explained mowing issues involved with the area behind lots 17 & 18 and further noted that the ~ity would require a bond for sidewalk improvements. He then answered that the flood plain area is the area north and west of lots 15 through 18. He stated that the street named Westwood Drive is being treated as a hammerhead T street and the next phase of the development wi ll connect the Street from the southwest, making a large U shaped street. He stated that ultimately Westwood Drive is the north line that would connect three streets onto Graham Road. Developer Wally Nixon noted the area of concern regarding lot 18, saying that he would work to redraw the lines, suggesting that it could be done at an angle to provide turning access. He stated that he does not see the property needing to be deeded to the City, suggesting that it would be considered property that was not included in the legal description of the Subdivision. City Engineer Whisker clarified that the City does not have deeds on the property, adding that the area is a major waterway for the City and the City mows the side banks to help keep the water from dragging 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2010 7:00 P.M. -7:25 P.M. through the City. He explained that the ditch carries all the water from the Little Rock Air Force Base through Wal-Mart, goes underneath and comes down through this area before crossing at Loop Road. He then answered that the 180' represents the 130' depth of the lot and 50' for the street length. Commissioner Young questioned if this development would be similar to that of Graham Settlement in terms of amenities and home size. Mr. Nixon concurred, saying that the requirements for roofing other amenities would be the same as Graham Settlement. He answered that Graham Settlement is now totally built out. and then Commissioner Brannen moved, seconded by Commissioner Dollar to approve the Final Plat of Graham Woods PH I, contingent upon approval by City Engineer Whisker regarding rear lotline adjustment, bond for sidewalk, and letters of acceptance from Water and Wastewater Departments. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: City Engineer Whisker announced that the Arkansas Highway Department is hosting a public meeting regarding the corridor study of Hwy. 67/167. He stated that it would be held at the Community Center and he would forward by email the time and date. He encouraged attendance. City Engineer Whisker updated the Planning Commission regarding the recent public hearing held by the City Council regarding the question of annexations to the City of Jacksonville. He stated that he felt there was a good exchange of information, adding that there will be specific issues for the Planning Commission regarding zoning. He stated that there are considerations for the development of a zoning map that would be attached to the annexation petition. He then answered that that north annexation consists of approximately 3.8 square miles and the southern annexation consists of .3 square miles. He stated that the southern annexation would go from the liquor stores to the Cemetery. He then noted that a larger southern annexation was being proposed by area residents that would encompass Wooten Road down to Valentine and out to Southeastern to the Church also known as the Dick Jeter area. In response to a question from Commissioner Brannen, City Engineer Whisker noted that the City currently regulates the AICUZ zone authorized by State law. He stated that all development within the AICUZ zone inside or outside the City limits would have to seek approval from the Jacksonville Planning Commission. 3 CITY -OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 2010 7:00 P.M. -7:25 P.M. Chairman Gray noted that tbe issue of annexation would be before the City Council again on Augu st 19 h and would be considered for the General Election Ba llot in November. He explained that the E~anning Commission would become involved as the Election nears r egarding planned zoning for the area. ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 7:25p.m. RespecLfully ~ubmittcd, ~bw:xJ Susan L Dav1tt 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 SEPTEMBER 13, 2010 a. 7:00 P.M. Regular Planning Commission Meeting of August 9, 2010 COMMUNICATIONS TOWER PERMIT 2600 Cory Drive Petitioner: American Tower Corporation b. Multiple site approval for mobile building 1) 2193 West Main 2) Intersection of T.P. White & James Street Petitioner: Joe Bravo Espresso Representative: Brent Weeks OPENING REMARKS: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. -7:45 P.M. The Planning Commission of the City of Jacksonville, Arkansas met in regular session on September 13, 2010. Chairman Gray opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, John Herbold, Joe Ott, and Alderman Howard answered ROLL CALL. Chairman Gray declared a quorum. Commissioner McCleary arrived at approximately 7:01p.m. PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Jay Whisker, Board of Adjustment Commissioner Leroy Akridge, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Young moved, seconded by Commissioner Herbold to approve the minutes of the regularly scheduled Planning Commission meeting of 9 August 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S}: REQUEST TO APPROVE PLAT ( S) : BUILDING PERMIT(S): a. COMMUNICATIONS TOWER PERMIT 2600 Cory Drive Mr. Jerry Feathers related that he is representing the American Tower Corporation and AT&T. He related that American Tower Corporation is proposing to constr uct a. 100' monopole at the end of Cory Drive. He explained that AT&T will be the tenant. He related that AT&T had complained regarding dropped calls and have been researching a site in that approximate location several months. He noted that the site is a highly wooded area, saying that it is located at the northwest corner of Cory Drive a.nd Redmond Road. He. stated that the tower will be constructed in a small area close to a building surrounded by trees. He stated that this location would help to landscape and disguise the tower. He stated that the bottom part of the tower would not be seen from the road, noting that most of the trees are 40 to 50 foot tall. He stated that AT&T has a need for the location because of dropped service. City Engineer Whisker stated that since it has been awhile since the City has received this type of request, he reviewed the tower permit rules, explaining that the only concern would be landscaping. He added that the existing trees can be used to fulfill that requirement. He related that the monopole would allow for four carriers to maximize the amount of users without having additional monopoles. Commissioner Herbold moved, seconded by Commissioner Brannen to approve the tower construction permit as requested. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. -7:45 P.M. b. MULTIPLE SITE APPROVAL FOR MOBILE BUILDING 1) West Main at 2227 Plantation Plaza and 2) Intersection of T. P. White & James Street. Chairman Gray requested clarification regarding whether the request is one building for two sites or two buildings at separate sites. Petitioner Brent Weeks related that Mr. Lloyd Friedman owns the property at both locations, clarifying that he is requesting buildings for both locations. He added that Mr. Friedman was not certain how long he would lease the location on T. P. White and James Street, adding that location is still in debate. Alderman Howard questioned circumstances regarding the previous site on West Main at Sutherlands that was approved previously. Mr. Weeks stated that he is not completely sure of what happened, explaining that the Water Department had originally approved their locating to the site but then there was a delay on the lease and the Water Department changed their minds because they were not sure what they were going to do with the frontal portion of the property. He stated that when he last spoke with Mr. Simpoon, he was told that plans were not finalized so they decided not to lease any portion of the property. Chairman Gray clarified that the proper address on West Main is 2227 West Main in the Plantation Plaza, across from Coleman's and adjacent to the Peaches parking lot. Commissioner Brannen stated that he has questions regarding the request for the James Street location, noting that because of traffic issues he feels Mr. Weeks' customers would have to come in off T. P. White and circle around because of the congested traffic already on James Street. He stated that there is at least one accident every month on that corner. He noted the two lane bridge, saying that he does not feel the area could support further traffic congestion. He mentioned the hours of probable operation and Mr. Weeks replied that weekday operations are from 6 a.m. to 6 p.m., adding that he does a greater business in the afternoons than one might perceive. Commissioner Brannen remarked that there is afternoon traffic with school buses and there are two churches with schools. Chairman Gray requested that the sites be addressed separately. He then requested that Mr. Weeks briefly describe his operations. Mr. Weeks related that there would be an 8' X 8' building with two access points, one each on T. P. White and James Street. He stated that cars can use one access and then exit by the other, explaining that both accesses could be used for ingress and egress simultaneously in a straight line fashion. 2 In response to responded that seconds. a question their goal CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 from is to 7:00 P.M. -7:45 P.M. Commissioner McCleary, service each customer Mr. Weeks within 90 Alderman Howard confirmed with Mr. Weeks that the building does not have indoor plumbing. Mr. Weeks explained that the buildings do have plumbing but there is no access to City water. He related that water is delivered to the building and gray water is taken away daily. He stated that regarding restrooms, he typically obtains a letter of intent from an adjacent business that allows them restrnnm R~~eRs. It was confirmed that James Street would present a difficulty regarding any restroom access from an adjacent business. Mr. Weeks stated that employees would be allowed a break to drive off premises. In response to a question from Commissioner Young, Mr. Weeks stated that they would bore under the concrete to obtain electrical power to the building. Chairman Gray referenced the 2227 West Main site, questioning if he had a preliminary lease agreement with the owner. Mr. Weeks stated that Mr. Friedman was waiting for approval before going forward with the lease. Chairman Gray noted that any approval would be contingent on a lease. City Clerk Susan Davitt confirmed that Mr. Friedman had supplied an email granting Mr. Weeks authority to submit an application for a mobile building on his property. In response to a question from Commissioner Young, City Engineer Whisker confirmed that the request would involve landscaping considerations. He stated that since the building is 8' X 8' he had spoken with Mr. Weeks about providing landscaping around the West Main sign. He pointed out that there is a main sign .in front of the Plaza that list all the businesses surrounded by asphalt. He stated that his recommendation to Mr. Weeks was to provide a 10' wide landscaping around that signage. He explained that Mr. Weeks' building would line up with the signage and landscaping. He then noted that this would provide an aesthetic look as well as the additional benefit of keeping traffic from hitting the sign. He went on to explain that his goal regarding the landscaping recommendations was to make it feasible for all concerned. Commissioner Young stated that in addition, he would suggest some type of planters on the side of the building that would not be used by the cars. He noted that it would root the building and offer a better appearance. Mr. Weeks agreed to that recommendation. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. 7:45 P.M. Chairman Gray stated that the landscaping recommendations are not easily visualized, adding that he would trust City Engineer Whisker's judgment regarding the final setting of the building if approved. City Engineer Whisker stated that code states that if there is reconstruction or improvements there has to be a small percentage thereof of the contract, explaining that from that he derived six (6) percent. Alderman Howard moved, seconded by Commissioner request for a mobile building to be placed Plantation Plaza as requested. MOTION CARRIED. 2) Site location at T.P. White and James Street: Keaton to approve the at 2227 West Main, Commissioner McCleary stated concerns for traffic coming off the James Street access and into the cross traffic. Mr. Weeks stated that he parked and observed traffic seven or eight times at various periods of the day. He related that traffic conditions would have to be good for him or it would be a waste of his time to establish a business there. He stated that he observed a few times where it might be more difficult, adding that he has not seen more than two or three times where it becomes that congested. He stated that there is not any problem with getting onto the site; he understands Commissioner McCleary's concern is leaving the site. He stated that he is sure traffic will be able to get back out. He reiterated that he has only observed a couple of times where the cross traffic would be congested, adding that such traffic conditions are the same almost anywhere. He assured the Planning Commission that traffic conditions would have to be feasible or the site would not be of any value to him. He explained that it costs him approximately $5,000 to locate or move a building on or off site, adding that he does not have that kind of money to waste. He additionally offered that he had observed the traffic for three consecutive mornings and did not see where he could not have gotten back into traffic. He then noted that both accesses are large openings, surmising that the openings are between 35' and 40' wide, including the radius it is larger than 40' on both sides. He noted that he would fix the pothole on the James Street side of the parking lot. Chairman Gray referenced the site drawing, saying that it represents the current streets, right-of-way, and parking asphalt area. Mr. Weeks offered that the drawing is not 100% accurate, explaining that there are some small curves at the end. He offered that it is 98% accurate to his ability. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. -7:45 P.M. In r e sponse to a c orrunent from Corrunissioner Young, Mr. Weeks related that he would like to put some of the landscaping to the front of the lot. He then answered that he would not want to be required to reseal the parking lot. He stated that he is not certain of Mr. Friedman's plans, noting that he may intend to construct a larger building to the rear of the lot. He related that he is sure Mr. Friedman would remove the trees and completely reconstruct the parking lot. Alderman Howard questioned if Mr. Weeks had any plans of constructing a privacy fence behind t he builrling. Mr. Weeks stated that he had not thought about that but added his building would be at lea st 100 ' from the residential area. He went on to say that if a s eparation is required he would rather do it with plantings. Alderman Howard noted that prior approval regarding this lot was for Mr. Friedman to construct his real estate building, adding that at that time Mr. Friedman had agreed to construct a privacy fence. Corrunissioner Brann en noted tha t while there is corrunercial property across the f reewa y , this would be the only commercial property on this side. He reiterated his concerns regarding traffic as his main concern, pointing out that he believes between 3:30 p.m. and 5:00 p.m. the traffic would be difficult for this piece of property. Corrunissioner Ott questioned and City Engineer Whisker concurred that zoning is compatible for this business. City Enginee r Whisker r eca l l ed that the property was rezoned to C-2 for Mr. Friedman's b usiness sometime back. He recalled that Mr. Friedman had wanted to place several businesses on the lot in a small shopping center type development. In response to a question from Corrunissioner McCleary, Mr. Weeks related that he had observed traffic on several occasions in the morning, at lunch time, and also in the afternoon. He added that he did not observe a time when he could not have gotten back out into traffic. Corrunissioner McCleary assured Mr. Weeks that while the City wants new businesses, they have to make sure there will not be a traffic jam at the signal. Mr. Weeks agreed that it would not be a good situation for his business either. He reiterated his feel i ng that t hi s site will not be as long-term as he would like but more of a temporary situation regarding Mr. Friedman's plans. He estimated that he would probably be at the site for one or two years. He explained that he is hoping to establish enough business so that if he moves across the road, the business will follow. He related that there is a lot on the other side of the freeway he has researched for future location. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. -7:45 P.M. Commissioner Young questioned if there is a requirement regarding the distance between the drive to the intersection. City Engineer Whisker stated that it depends on the adding that if it is a major road, the distance is 300' to point out that these accesses have existed since he Engineer. intersection, He went on has been City Commissioner Young stated that the left turn to exit back onto T. P. White from this site would be the most dangerous, noting that there is easy access onto the site. City Engineer Whisker stated that he would not disagree; pointing out that there have been businesses at that location in the past, under the same conditions that Mr. Friedman plans to use it in the future and will want to continue to use the same accesses. He offered to his recollection the hardest exit would be from T.P. White to turn southbound on James Street, saying that a vehicle would have to cut across another lane of traffic to make a right hand turn. Commissioner Brannen pointed out that the previously was a real estate business, generated from that business would not be of business. only business located there adding that the traffic the same as from this type Discussion ensued as to other businesses that were located at the site over past years. Commissioner Keaton suggested a right turn only onto James Street. City Engineer Whisker stated that most times during the day, possibly excluding the 5 p.m. hour, it is an easy turn to make. He then noted other times when it might be more difficult might coincide with the shifts at the Hospital. He offered that he has observed around 5 p.m. when he is going home, that T. P. White backs up possibly six cars, causing a wait to make a right in or a right out. He added that he feels it is like most traffic, motorists adapt. Commissioner Young suggested a sign reading "right turn only between hours of 6 a.m. and 9 a.m.," pointing out that this would meet the responsibility of addressing difficult traffic times. Discussion ensued regarding the zoning of the lot and allowable businesses that would fit that zoning, which could be operated on that lot. Chairman Gray clarified that any restrictions regarding traffic flow would need to be addressed prior to the investment of a business owner. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. -7:45 P.M. Mr. Weeks offered that he would comply with any requirements or restrictions. In response to a question from Commissioner Young regarding use of the property for this type business, particularly when the drives do not comply with intersection distance codes, City Attorney Bamburg recalled that there has not been a building on the lot for ten plus years. Cily Eut,JilH:!eL Whi:::;k.eL 11uled Lha.L Ll1e building was removed in 2000. City Attorney Bamburg stated that concerns for traffic patterns, flow, and congestion are legitimate; regardless of the zoning. It is a factor that has to be considered when any business or property use is considered. He then offered and confirmed with City Engineer Whisker that a traffic study was performed by the Highway Department regarding James Street two years ago that might provide helpful information in making a determination. He noted that current code provisions do not allow ingress and egress to be within 300 feet of a major intersection. In response to a question from Mr. Weeks, Commissioner Young related that he is uncomfortable with both accesses having left turns across oncoming traffic. He offered that right turns from both access leaving the site would make for a better traffic flow and address safety issues. Mr. Weeks reiterated that he has observed the traffic flow on several occasions and does not feel that it would be a dangerous turn. Commissioner Young pointed out that location of the drives does not meet City Code regarding distance from the intersection. Mr. Weeks suggested that "right turn only" signage be placed on the access on T.P. White. Commissioner Young confirmed that he feels both left hand turns are dangerous. Commissioner McCleary noted that a vehicle turning left on James would have to cross over as many as three lanes of traffic before the bridge turns into two lanes, remarking that the area is congested. Commissioner Young and Commissioner McCleary assured Mr. Weeks that while the Planning Commission wants to approve his request, they do not want to approve something that does not meet City ordinance. City Engineer Whisker suggested that the Planning Commission may want delay action pending consideration for the 300' distance requirement or right hand turn lanes. He then mentioned that the petitioner could return with a different site plan. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 2010 7:00 P.M. -7:45 P.M. Discussion ensued regarding directional options for vehicles making a mandatory right hand turn exiting the site onto T.P. White Drive. It was then noted that Martin Street is located almost directly across from the site within 50'. In response to a question from Commissioner Ott, Chairman Gray stated that any restrictions on the petitioner would reflect back to the property owner. Mr. Weeks stated that he did not feel that there would be room to create an access 300' from the intersection. Chairman Gray suggested that the item be tabled, offering the Commission time to visit the site and observe the area traffic flow. He stated that there is a desire to help approve the request subject to considerations that would ensure safe traffic flow. Commissioner McCleary moved, seconded by Commissioner Howard to table the item of business pending further considerations until the next regularly scheduled Planning Commission meeting. MOTION CARRIED. GENERAL: ANNOUNCEMENT: Chairman Gray related that the Jacksonville Planning Commission has been charged with the responsibility of overseeing the Land Use Map, including the Master Street Plan and other master overlays of the community. He stated that the Planning Commission will conduct a public hearing at it next regularly scheduled Planning Commission meeting regarding the Land Use Plan with a review of the areas considered for annexation. He related that Land Use recommendations will be forwarded to the City Council for adoption, including changes to the existing Land Use Map as well as recommendations for the proposed annex area. City Engineer Whisker reviewed the areas included in the North and South annexation. ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 7:43p.m. Respectfully submitted, 8 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: 3. APPROVAL AND/OR CORRECTION OF MINUTES: 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT a. b. AGENDA OCTOBER 11, 2010 7:00 P.M. Regular Planning Commission Meeting of September 13, 2010 MASTER LAND USE PLAN proposed annexation areas City Engineer Whisker Site approval for a mobile building Intersection of T.P .. White & James Street Petitioner: Joe Bravo Espresso Representative: Brent Weeks Metes and bounds 1 0009 South Highway 161 Petitioner: John Pate Revised bill of assurance St. James Place Petitioner: Dickie Penn CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. -8:25 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on October 11, 2010. Chairman Gray opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Dollar, Joe Ott, Eric McCleary, and CALL. Chairman Gray declared a quorum. Glen Keaton, Chad Young, Alderman Howard answered PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Brent Weeks, Mr. Dickie Penn, interested citizens, press. Jay Whisker, petitioners, CORRECTION AND/OR APPROVAL OF MINUTES: Susan ROLL Mr. and Alderman Howard moved, seconded by Commissioner Keaton to approve the minutes of the regularly scheduled Planning Commission meeting of 13 September 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): Master Land Use Plan Chairman Gray opened the Public Hearing at approximately 7:03p.m. City Engineer Jay Whisker reviewed a color-coded PowerPoint map of the proposed annex areas by use. He related that he has visited with several residents of the north and south annex areas regarding current uses of their property. He asked that members of the audience review the map and contact him with any desired changes, noting that it would be easier to change designated uses before being annexed rather than later if the property is annexed. Approximately six areas were noted of change in the northern area while there were no changes made to the southern proposed annex area. Mr. Roger Cruise addressed the Planning Commission stating that he is opposed to the annexation proposal, saying that most of the area is in the flood plain. He related issues regarding problem area flooding and drainage. Mr. Bob McCauley issued concerns for how the annexation would affect tax increases regarding property assessments. Chairman Gray explained that it would not automatically raise assessments on property. He offered that if anyone has a problem with the assessment of his or her property either now or after the proposed annexation they could contact the Board of Equalization. City Engineer Whisker explained in response to a question from Ms. Mary Peterman the process to have zoning changed now and after the annexation were it to pass. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. -8:25 P.M. Mr. Larry Holman of 1814 Republica n Road no t e d that half of his prop erty is included i n the prop os e d a nnex area and t he other half is ou t . Be requested that t he 7. 5-acre rule for being a ble to hunt be lowe red to 5 acre s . Ci ty At t orney Bamburg rel ated that Section Eleven of t he Or dinan ce was pr opose d and recomme nded by the Committee as 7.5 acres . He n ot ed t hat t h e r e a re provisions r e gardi ng p e rmission from adjacent land owners. Mr. Mick Gray of T-square Paint Ball also issued concerns regarding acreage and being cible to continue to operAt.e his business as he is currently. City Engineer Whisker assured him that he could. Mr. Sonny Taylor stated that he lives just inside the City limits and has not had City sewer for 27 years. He questioned why the City would want to annex additional area when it has not provided utility services to all inside City residents. He related that he owns the mini storages across from the VFW, issuing concerns for higher taxes. He stated that the annexed area would not s upp ly eno ug h in tax collections to make of for the services those residents would require. Chairman Gray related that the zoning and land issues are the specific considerations before the Commission for this public hearing. Mr. Bobby Marshall of 6705 Peters Road stated that he owns just less than six acres, explaining that he raises Peacocks. He related problems with wi ld animals attacking his Peacocks, questioning if he would be in violation of the ordinance if he were to take action to protect his farm animals. City Attorney Bamburg stated that under the terms of Section Eleven of the ordinance he would not qualify, adding that unless the animal was going after or harmin~ An individual or an endangered species he would not be able to take action to protect. Mr. Marshall stated that he feels that part of the Ordinance needs to be readdressed. He stated that there are wild animals in great numbers, noting that his property is adjacent to the Wetlands. City Attorn ey Bamburg r e lated that t he City Council would addres s adoption of t h e Ordinance on Oct ober 21 5~, o f fering t hat Mr . Marshall would have an opportunity to i ssue those concerns t o the City Council at their me eting . He reiter ated t hat the purp ose of t he public:: h earing with t he Plann ing Commi ssion is primarily to address t he p l a nn ing aspect s o f t he t e rms of t he ord inance . He then a n s we r e d tha t he cou ld only discharge a fire arm if his property were 7. 5 acres or more. Mr. Roger Cru ise was r e a ssured by City Engineer Whisker that he would be able t o continue to operat e his mobile home business. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. -8:25 P.M. City Engineer Whisker than addressed a question from Ms. Janice Lewis of 5833 Hawkins Loop, he explained that current uses would be the established zone and would continue as such unless a rezoning were requested by the property owner. Chairman Gray explained that the Land Use Plan is the designation of how it is perceived that the community would develop in the future. Ms. Skee Grover 5917 Peters Road questioned the coding of the map, which shows the flood plain as commercial. City Engineer Whisker related that flood plain areas would be protected to keep it from flooding other residents, adding that there are existing flood plains in Jacksonville. He stated that the flood plain and floodway is set up with separate laws through FEMA and the zoning designation would not force development. Chairman Gray stated that as well as future growth it would offer protection for surrounding property owners. He stated that the zoning will not change what is allowable in a flood plain, but would offer more proper oversight if the owner chooses to develop. He then clarified a question from Ms. Tiny Burnett that there is a State law which freezes residential property taxes for residents over 65. He offered that the County assessor could help her with that law. In response to a question from Ms. Dee Pridmore of 5417 Pridmore Road, City Engineer Whisker stated that a piece of property could be sectioned and rezoned from agricultural to residential to accommodate a second home for her son. City Attorney Bamburg clarified that a specific request from City Engineer Whisker in the Ordinance under Section Thirteen ami ts the requirement of a minimum of 15' from an accessory building to any other structure. He then noted that under Section Fifteen of the Ordinance it states, "Any accessory building built on more than three (3) acres will be exempted from the size and height requirement". He explained that this would allow for barns or larger accessory buildings. Chairman Gray closed the public hearing at approximately 7:51 p.m. City Engineer Whisker asked the Commission to consider changing the Land Use Map to re-designate the area of Highway 161 through the new College area and down John Harden as mixed use. Chairman Gray ascertained with the Planning Commission members that the proposed Land Use Plan for the north and south annex areas with a generous mixed use is acceptable. Chairman Gray then noted that the additional mixed-use area would involve property in the City along North First Street. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. -8:25 P.M. City Engineer Whisker noted the current mixed uses of the area from Vandenburg going north on North First Street. He suggested that the area be considered for a mixed-use land use. Chairman Gray clarified that the zoning either residential or commercial would remain but the Land Use Map would depict the area as sui table for mixed use, allowing more readily for zoning changes if requested by a property owner. Commissioner Ott pointed out Llld L the new development in the area has been residential while the commercial areas are preexisting. City Engineer Whisker pointed out the new development of commercial property on John Harden when the Highway Department completed the new off-ramp. Commissioner Ott stated that his concern would be protection of residential areas if commercial were allowed to be developed adjacent. City Engineer Whisker noted that most of that would be controlled by the subdivision bills of assurance. Commissioner Dollar moved, seconded by Commissioner Brannen to recommend to the City Council that the area from the boundary of the annexation through North First Street to Vandenburg be designated as mixed use on the Land Use Plan and the zoning and Land Use Plan of the proposed north and south annexations be accepted. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): a. Site approval for a mobile building at Intersection of T.P. White & James Street Chairman Gray noted that the item previous Planning Commission meeting further consideration. of business was tabled at the and is now being presented for Mr. Brent Weeks recalled that there had been reservation regarding traffic at the intersection. He related that the property is zoned commercial and has had commercial endeavors in the past and will eventually have one in the future by Mr. Friedman. He stated that in the interim he would like to locate his business on the property. He stated that he feels the Planning Commission may have concerns for the volume of traffic being similar to that of StarBucks, adding that he does not do near the volume of StarBucks. He related that there would be about six to eight mayb e t en cars between 6:00 a.m. and 7:00 a.m. in the morning. He added t hat they are open from 6:00 a.m. to 6:00 p.m. He explained that t here wo uld be appro ximately 15 to 20 cars in the next four hours and then probably from 4:00 p.m. to 6:00 p.m. there might be 4 or 5 cars in tota l. He stated that it is a small business and there would not be a lot of traffic. 4 j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. -8:25 P.M. He related that he has looked at traffic on sixteen separate occasions and did not see a problem with getting onto or off the site. City Engineer Whisker stated that both entrances are closer to the intersection than what would be ideal, adding that the one on James Street could not be moved anywhere on that Street and meet code. He stated that the on T. P. White the entrance would have to be twenty feet up from the wooden fence in order to meet code. He surmised that if this were a new complete development redesigning the access to meet code would be an important element. He stated that he has visited the site in the morning and afternoon; and was able to pull on and off without difficulty. He added that the intersection traffic does not back up enough except in the afternoon between 6:00 p.m. to 7:00 p.m. when traffic is either going to the hospital or getting on the freeway. Commissioner McCleary related that he had visited the site in the morning and afternoon, commenting that in the morning it may be a little congested but a vehicle can get on and off the site. He added that he does not feel the business will have a lot of traffic in the afternoon hours when people are getting off work. He stated that following his personal review of the site he would not be opposed to the request. Commissioner Young stated that both accesses are very close to the intersection and from a liability standpoint he feels they should require a "Right Turn Only" at the accesses. He related his feelings that the area is too close to negotiate a crossing over of traffic. Commissioner Keaton stated that while he is not as concerned with the T. P. White access, he does feel that the James Street access could benefit from a "Right Turn Only" sign. Commissioner Brannen stated he has observed that the traffic is very heavy during the hours of 4:00p.m. and 5:00p.m. Alderman Howard noted that considerations for this property has gone back as far as 2001, noting that Mr. Friedman had proposed to construct a realty office at that time and it was negotiated that there would be a fence at the rear property line. He stated that the office was never constructed but he would have preferred to have seen the office. Chairman Gray questioned if Alderman Howard felt that if approved for a temporary use, did he believe the agreement for the fence should be enforced at this time. Alderman Howard stated that he would agree that the fence could be waived until a permanent structure was established at the site. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. -8:25 P.M. Commissioner Young added that he does feel that enforcement of the landscaping requirements should apply. Mr. Weeks agreed that the current site needs a good amount of landscaping consideration. He stated that he wants the site to look good. He :the n related that he had discussed landscaping with City Engineer Whiske r who preferred skinny trees to the front of the property and he would also like to put someth i ng along the rear of the property to provide a green backdrop such as holly b ushes. City Engineer Whisker stated that his recommendation was to plant the same trees used at the new library for the front of this property. In response to a question from Alderman Howard, Mr. Weeks responded that he has not signed a lease yet but Mr. Friedman has told him that it would only be for one or two years. He stated that he would like to remain on the property but he does not feel that will be likely. He commented that he would probably move his business to the other side of the freeway at the end of the lease. Commissioner Keaton moved, seconded by Commissioner Dollar to approve the site plan at the intersection of T.P. White and James Street with a "Right Turn Only" sign at the access on James Street with landscaping requirements overseen by City Engineer Whisker. MOTION CARRIED. b. Metes and bounds at 10009 South Highway 161 Petitioner Mr. John Pate was not present to represent item of business. Item was deferred until petitioner could be present. City Engineer Whisker responded to a question from Commissioner Keaton, that the property is actually two separate tracts on a metes and bounds at the corner of Homer Adkins and Hwy. 161. Chai r man Gray noted that it could be requested to be platted as a one- lot subdivision. GENERAL: Revised bill of assurance St. James Place Mr. Dickie Penn related that previously the bill of assurance stated that the subdivision was to be governed by an improvement district, which turned out to be too costly and time prohibited . He i s now proposing to establish a property o wners associ ation SDllilar to Stonewall. He related that he was a dvised that the revi sed b i ll of assurance would need to be submitted to the Planning Commission. He pointed out that this would take care of maintaining the common areas. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. -8:25 P.M. City Attorney Bamburg stated that the Planning Commission had previously approved the plan that included an improvement district, so he advised Mr. Penn to submit the revised bill of assurance switching from an improvement district to a property owners association. Mr. Penn assured the Planning Commission that this is the only change from what was previously approved. He went on to explain that there is a provision which allows for the establishment of an improvement district with 2/3~5 of the property owners vote. Chairman Gray pointed "additions to exiting development may become the following manner." to, questioning if development. out that in article two, section two regarding property" it states that "additional lands or subject to these covenants and restrictions in He then added that ultimately it does not have the reference includes the whole of the Mr. Penn concurred that it would include the whole of the development consisting 2.7 acres. Commissioner Young moved, seconded by Commissioner Keaton to accept the revised bill of assurance for the entire development of St. James Place. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 8:25p.m. 7 JACKSONVILLE PLANNING COMMISSION 1. OPENING REMARKS: 2. ROLL CALL: AGENDA NOVEMBER 8, 2010 7:00 P.M. 3. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting of October 11, 2010 4. PUBLIC HEARING(S): 5. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT: Lot 1, Sears Addition Petitioner: Sears Construction Development & Leasing, LLC 6. BUILDING PERMIT(S): 7. GENERAL: ANNOUNCEMENT(S): ADJOURNMENT Representative: Lemons Engineering b. FINAL PLAT: Northlake Gardens Petitioner: Tommy Dupree Representative: Bond Engineering a. SITE PLAN: Lot 1, Sears Addition Petitioner: Sears Construction Development & Leasing, LLC Representative: Lemons Engineering b. Metes and bounds 1009 South Highway 161 Petitioner: John Pate CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. -7:55 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on November 8, 2010. Chairman Gray opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Herbold, Joe Ott, Eric McCleary, and CALL. Chairman Gray declared a quorum. Glen Keaton, Chad Young, Alderman Howard answered PRE SENT (8), ABSENT (1 ). John ROLL Others present for the meeting were City Engineer Jay Whisker, Joan Zumwalt, Director of Administration Jim Durham, Aaron Robinson, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Howard moved, seconded by Commissioner Ott to approve the minutes of the regularly scheduled Planning Commission meeting of 11 October 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Lot 1, Sears Addition Petitioner representative and Engineer Mr. Tim Lemons requested that the Final Plat application be changed to Preliminary Plat with approval from the Commission. He presented the Planning Commission with copies of the Preliminary Plat, which included contours of the site. He explained that the presentation of the preliminary plat would be the more normal flow, allowing them to have the utili ties installed before requesting final plat approval. He then noted that there might be changes regarding the easements. City Engineer Whisker agreed with the correction of process, informing the Planning Commission that the Water Department plans to bore under the road or running it from the north to the property. He added that Mr. Lemons is waiting for a letter of approval from the Health Department regarding the septic system. He then noted that there would be a requirement for sidewalks along T.P. White Drive. He then clarified that the Water Department has approved the water improvements. All utility improvements have been approved by their perspective authorities. Chairman Gray related that the Planning Commission's review of the preliminary plat would take into consideration the utili ties, dimensions, contours, access, and other plotting concerns. City Engineer Whisker noted that the entire tract consists of approximately 10 acres, and the proposed development would be on the northern 3.76 acres. He then related that the flood plain location is in the back northeast corner. He then added that Mr. Lemons did provide some calculations to ensure that the drainage area is wide enough to allow for any future area drainage. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. -7:55 P.M. Mr. Lemons then answered Commissioner Herbold that there is a ditch that is approximately 30 feet north of this property that runs along the north line of the property. Chairman Gray pointed out that due process would be to determine if the preliminary plat met all considerations before implementation and build out; and then in the future the developer would return with a Final Plat. Discussion ensued d!:i to whether the site plan would be reviewed in lieu of the change from a final plat to preliminary plat. It was requested that the site plan be reviewed. Mrs. Joan Zumwalt, the adjacent property owner to the nort h , stated that she is concerned with the s ite use of the proposed development. She related that there is a ditch on either side, being the north and south ends of her property. She noted that it drains into a small creek tl1at is north and east o f t he proposed property. She then added that there is also two large cul verts that handle most of the drainage from the road. She explained that she has filled a lot of the property behind her business. She then pointed out that the property will not perk on the frontage road. In response to a comment regarding drainage by Chairman Gray, Zumwalt stated that her concern would be the use of the site. added that it is also a concern for several others. Mrs. She Chairman Gray stated that the use ot the property is outside the purview of the Planning Commission; explai ning that it is the responsibility of the Planning Commission to address issues of on site development and the consequ.ences of that development to property off site. IIc offered that whc=m the site plan is reviewed, Mrs. Zumwalt may have other opinions to offer. Mrs. Zumwalt deferred comment until the discussion of the proposed site plan are addressed. Alderman Howard moved, seconded by Commissioner Keaton to approve the preliminary plat of Lot 1, Sears Addition. MOTION CARRIED. b. FINAL PLAT Northlake Gardens Mr. Aaron Robinson of Bond Engineering addressed the Planning Commission, noting that the development was submitted back in January 2009 as Northlake Phase XIII and the No rthlake Gardens. He explained that the developer is requesting the final plat of the Northl ake Gardens. He related that the bill of assurdnce addre::wcs only the Northlake Gardens. He explained that the Gardens was rezon ed in November 2008 to an R-lA, offering the minimum side yard setbacks, for larger homes on smaller l ots . He then noted that the sidewalk along lots lG and 14G have already been built, explaining that the only 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. -7:55 P.M. outstanding issues are that the Sewer Department has not signed off on the as-built drawings and the developer is going back before the Water Commission to request approval for a letter of credit as opposed to a bond. He noted that lot l2G has been enlarged since the preliminary plat submittal, offering that footage was taken from lot 14G. He explained that there was some concern for being able to place a house on lot 12G. He noted that the property line was moved approximately 12' to the east, taking 10' from lot 14G. City Engineer Whisker stated that all improvements have been completed, adding that there is even a sidewalk along Oneida Street. He added that the biggest change was that lot 14G changed from an 80' lot to a 65' lot in order to help orientate a home on lot 12G. He noted that Tract A would become part of the Lake Lorene Property Owners' Association, adding that it would be developed as the ramp into the Lake. He then noted that the Lake is 80% complete. Mr. Robinson explained the issue regarding the one-year bond provided to the Water Department, adding that difficulties with bonding have caused the developer to request approval for a bank letter of credit to ensure that if anything happens with the waterlines during the first year of completion there will be funds for repairs. City Engineer Whisker noted that the City has accepted the practice of a letter of credit as well as a bond due to difficulties with bonding. He then requested that approval be stipulated on Water and Wastewater requirements being met before being forwarded to the City Council. In response to a question posed by Commissioner Herbold regarding sidewalks, City Engineer Whisker noted that the original plan was submitted in the 70's and sidewalks were proposed, then removed from the plans and are now back in. He noted that Northlake has sidewalks for the most part except in the culdesacs, adding that a street with less than 20 lots does not have a requirement for sidewalks. Commissioner Herbold issued concerns for developments that are phased out that might preclude having to build sidewalks as such with the original plan. City Engineer Whisker noted that if a street dead ends with a continuing phase, sidewalks would still be required. Commissioner Young moved, seconded by Commissioner Herbold to approve the Final Plat of Northlake Gardens contingent on approvals from the Water and Wastewater Departments before being forwarded to the City Council. MOTION CARRIED. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. -7:55 P.M. BUILDING PERMIT(S): a. SITE PLAN Lot 1, Sears Addition Mr . Lemons s t ated that after receiving comments from City Engineer Whisker, the plans have been revised to accommodate those requests. He presented revised site plans to the Commission for their consideration. He reviewed the changes , saying that the sidewalk along T.P. White needed to be 5' in wi d t h and moved over against the Highway right-of-way. The second question was the landscaping requirement, which has now been met. He continued saying that the drainage ditch on the east side of the property needed to have hydraulic calculations and sized for the watAr flow as necessary, which has be en provided to City Engineer Whisker. He noted that they have subdivided the deve l opment, being less than 5 a cre s , which was the purpose of the preli minary plat presentation. He n ote d t hat they are taking a 10-acre tract and making a 3. 5 acre development, adding that access has been restricted to only one access. He noted the requirement of one parking space per 200' of showroom floor has been met, explaining that the building is 14,400 square feet, which would require 72. 2 spaces, which they have exceeded. He then noted that approv als from Jacksonville Water Commission, the Health Department, and the Highway Department would need to be obtained before the Final Plat is submitted. City Enginee r Whi ske r s t ated that the reason for a site plan, although the y do not have fina l p l a t approval, is t o allow them a building p ermit, and to f i nal pl at t he property as t hey complete the utilities a nd bui l ding. He n oted that this process s aves the developer time and the c onvenience of having all the con s t ruction crews on site at the same time. He then answered that either the fresh water would be obtained from the north all the way down through the south, wh ich is what was suggested by the Water Department or they will bore 67/167 across. He then noted that the Wa ter De partme n t has agreed t o s ize tha L line up to a 12" lin A so that water can be provided to other customers on that side of the Freeway. He concluded that this would be a private/public partnership for the good of the whole area. Mr. Lemons addressed the issue of drainage, s aying that when t he building is completed the wa t e r will sheet away from the buildi n g in all four direct i ons . He e xplai ned that water in front of the bui l d ing would venture down to the ditch that is along T. P. White. He then stated that from the center of the building it would flow back to the drainage easement shown on the rear east side of the property. Chairman Gray noted the amount of proposed hard surface, questioning if there would be any runoff concerns for adjacent property owners. Mr. Lemons stated that drainage calculations on retention. if merited he the need or 4 would be willing to provide lack thereof regarding water j CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. -7:55 P.M. City Engineer Whisker stated that ideally water leaving the property should be the same at post construction as what it is was pre- construction. He stated that it should be equal or exceed. Mr. Lemons commented that typically storm water detention is not put in this close to a flood plain because of wanting to get the water off before the water stream gets there, adding that it is usually not a great idea to have storm water detention this close but he would be happy to provide calculations to show that. City Engineer Whisker then answered that from the building storm water would go directly to the east and the west. He then noted the creek to the rear of the property that runs into Lonoke County. Commissioner Young stated that he could not determine anything lacking on the site plan, adding that it looks to be a well laid-out plot. He then stated that he would like to double check the landscaping to make sure that it meets Code requirements. Chairman Gray asked Mrs. Zumwalt if she wanted to address any issues regarding the site plan and drainage or how it would affect her property as far as on a construction basis. Mrs. Zumwalt stated that it had not been mentioned that the proposed construction is intended to be a liquor store. She related that the use of the property for that purpose is what she objects to, referring to the packet she provided the Commissioners. She stated that both the City of Jacksonville Mayor, Chief of Police, Mayor of Cabot and Lonoke Prosecuting Attorney have objected on the basis of a safety issue. She stated that the addition of a fourth liquor store in what is a small corner of the County is a concern for her and many of the elected officials. She noted correspondence from those elected officials that she provided to the Commission. She stated that the location is in a curve with a lot of traffic, which is a valid objection to the type of business that is being proposed. She added that she would not have any objection to any quiet business proposed. She stated that the use of the property has not been addressed, which is a valid point, stating her own objection. She stated that she is aware there are issues that are not pertinent to the Planning Commission's action tonight, but she wanted them to be aware of the planned use. Chairman Gray stated that their purview allows the Planning Commission to look at the land and how it is subdivided and platted, as well as the proposed construction. He stated that the use of the facilities does not fall within their purview or authority. He then answered that the safety issue regarding parking appears that consideration has been given to having one entrance as opposed to having two. Commissioner Herbold stated that when he counted the parking spaces, he only came up with approximately 63 spaces. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. -7:55 P.M. Mr. Lemons stated that they are making allowances for the drive-t hru, explaining that six or seven cars could be accommodated with the drive-thru. He noted that there are 66 spaces not including the drive-thru, adding that by Code they are required to have 72. He then pointed out that approximately 1/3 of the accounted for floor space is storage, which would lower the requirement to approximately 50 spaces. Commissioner Brannen moved, seconded by Commissioner McCleary to approve the site plan for Lot 1, Sears Addition as submitted. MOTION CARRIED. b. 1009 South Highway 161 Residential metes and bounds Petitioner Mr. John Pate offered a revised site plan for consideration by the Planning Commission. The Planning Commission took a break at 7:44, while copies were made for distribution. The Planning Commission reconvened at approximately 7: 48. In response to a question posed by Chairman Gray, Mr . Pate rel ated that he had purchased t he land from a gentleman that is now deceased, explai n ing t hat i t was originally purchased in 1964 . H.e offered that it is his understanding that t here was a trailer on t h e property at one time. He stated that other than that no one has ever done anythi ng with t he property. He related that it is located on Homer Adkins Drive . He noted that given the location of the City sewer and the manhole , he reviewe d with City Engineer Whisker where he could locate a hous e on t he property. Be then questioned if he or the City would be responsible for the driveway curb cut. Chairman Gray noted that it would be the responsibility of the developer, then qucotioned if this wns the totality of the property owned by Mr. Pate at this location. Mr. Pate stated that he did not own any further property adjacent to the current boundaries of the property. Chairman Gray clarified that this is not being proposed as a one-lot subdivision but is being requested as a metes and bounds building permit. It was clarified that even though t he p~operty has a North Little Rock address it is still located within t he Ci ty limits of Jacksonville . City Engineer Whisker related that the p r operty has not change d dimensions since the 60's, noting t hat it is located at the corner of Highway 161 and Homer Adkins Drive. He then answered that he feels this is the best fit for a house to be located on the lot, noting that Mr. Pate is proposing to f~ce the house off Homer Adkins even though Highway 161 is the actual frontage of the lot. He stated that the house is proposed to be off Horner Adkins for safety reasons, noting 6 , I CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 8, 2010 7:00 P.M. -7:55 P.M. that the front yard setback is 25', which only leaves a 15' rear yard setback. He stated that he would consider the rear of the house to be a side yard setback. He added that Mr. Pate had to research plans for a house that could fit the lot. Mr. Pate offered that he picked out a house that would fit the continuity of the neighborhood. He offered a finished rendition of the house with the existing trees on the property. Commissioner Young moved, seconded by Commissioner Herbold to approve the metes and bounds building permit for 1009 South Highway 161. MOTION CARRIED. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 7:55p.m. Respectfully submitted, 7 JACKSONVILLE PLANNING COMMISSION AGENDA DECEMBER 13, 2010 7:00P.M. Meeting Cancelled