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12 APR 09 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2012 7:00 P.M. – 7:55 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on April 9, 2012. Vice Chairman Keaton opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. PRESENTION: Vice Chairman Keaton recognized former Planning Commissioners Art Brannen and Susan Dollar for their years of service to the Planning Commission. He honored them with service appreciation plaques delineating their years served. ROLL CALL: Commissioners Jim Moore, Joe Cummings III, Avis Twitty, Joe Ott, and Alderman Bill Howard answered ROLL CALL. Vice Chairman Keaton declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Jay Whisker, 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 13 February 2012 as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING The Meadows Subdivision Lots 18-30 & 33-35 Vice Chairman Keaton opened the public hearing at approximately 7:06 p.m. Mr. Brian Burroughs stated that he is one of the partners of Traditional Development that own The Meadows Subdivision. He explained that they had requested a similar rezoning some years ago, noting that conditions have changed since seeking that rezoning. He explained that 55 lots in the Subdivision were sold to Jacksonville Partnership for Housing, who is planning to construct a staged rental/purchase development that will carry a couple of layers of rental single-family dwellings. He stated that the reason for the request to rezone is because of the disconnectedness that the HUD development would create in the Subdivision regarding the remaining 16 or 18 lots in the rear of the Subdivision, making them hard to market. He added that because the single-family dwellings will predominately be rental, the property in question would be better suited for duplexes. He noted that the front of the Subdivision would be developed as single-family spec and custom homes for purchase. Vice Chairman Keaton closed the public hearing at approximately 7:08 p.m. In response to a question from Vice Chairman Keaton, Mr. Burroughs related that the architect of the HUD Project has designed a very CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2012 7:00 P.M. – 7:55 P.M. attractive home, adding that they plan to be consistent with the exterior aesthetics of that portion of the development. He related that it would be a combination of brick and siding. Commissioner Ott questioned that in order to prevent a break in the Subdivision’s development style, why was the HUD project not proposed for the back row of the Subdivision. Mr. Burroughs stated that because of the proximity of the lots to the railroad tracks, Federal funding regarding HUD projects required the lots to be further from the railroad tracks. He added that originally that was the proposal to have the HUD development be on the last row of the Subdivision. He explained that the development was moved up a row, so now the last lot row of the Subdivision is being proposed for duplexes. City Attorney Bamburg concurred, saying that Mr. Burroughs would not have had control of that requirement by HUD once it passed the local level for review. City Engineer Whisker stated that the 55 HUD homes would have layers to create owner financing, adding that the Max Howell Development would own the homes not purchased within 10 years. He then noted that the only other outstanding item is the additional water meters and dual control sewer pumps necessary for duplex development. He addressed issues regarding the present bill of assurance and Mr. Burroughs acknowledged that he would need to have a revised bill of assurance for the affected lots. Alderman Howard moved, seconded by Commissioner Moore to approve the rezoning as requested. MOTION CARRIED. Discussion ensued regarding the rezoning ordinance not being presented to the City Council prior to the amended bill of assurance being on file with the City. REQUEST TO APPROVE PLAT(S): SKETCH PLAT Hamilton Place Apartments Mr. Mike Wilson related that the property had been a trailer park for the past 30 years. He explained that he added additional lots to the property, a HUD house and a burnout that was torn down. He noted that the property would need to be rezoned but he is requesting approval of the sketch plat so that he can move forward with the project. He stated that he would like to construct two-story four-plexes of two and three bedrooms. He then related that he would also like to have a setback variance for the rear property line, which would allow him more space between the buildings as well as a playground and a half-basketball court. He added that there are drainage issues that would have to be addressed, explaining that the surrounding area drains onto CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2012 7:00 P.M. – 7:55 P.M. this property and is then funneled out to Loop Road. He related that the exterior would be siding with brick veneer on the front lower bottom with metal roofs, adding that he plans to use better quality materials. He stated that he is not sure but is considering making it a one-way entrance off Hamilton Road and looping that back onto Chapel Hill Road, noting the property is boarded on each side by these Roads. He stated that with the variance it would be between 36 and 40 units total. He then answered Vice Chairman Keaton that he would probably be seeking a 10’ setback variance on the rear, explaining that this would allow for the amenities he mentioned earlier, making it more of a family friendly development. City Engineer Whisker demonstrated on the site plan that the drainage for the entire block runs through the center of this property. He related that currently there is a drainage pipe that is blocked and it would have to be removed and the drainage would be upgraded. He then added that Chapel Hill Road was closed by request of Mr. Wilson and the adjacent property owner, so the Road would have to be reopened in order to have the access Mr. Wilson spoke of earlier. He stated that he had originally recommended a development of single-family houses with small rear and front yard setbacks to Mr. Wilson that could include a playground and additional parking. Mr. Wilson noted that the possibility of an RV park was also discussed because it matches the current zoning. In response to a question from Alderman Howard, City Engineer Whisker answered that Code requires 1.5 parking spaces per unit. He related that the proposed 40 units would require 60 spaces and Mr. Wilson has 68 spaces on his site plan. Vice Chairman Keaton noted that if the Planning Commission approves the sketch plat, Mr. Wilson would still need to apply to the Board of Adjustment for a rear yard setback variance. City Attorney Bamburg clarified that the Planning Commission and the City Council would have to address the rezoning. City Engineer Whisker clarified that the setbacks for property zoned R-3 would be 25’ rear and front with 5’ side yards up to two and one-half stories. He then explained that the backside of the apartments would be considered the rear yard of the development. He answered Commissioner Moore that Cynthia Street, which is depicted on the site plan, was previous treated as a private street, but would become the parking lot of this development. Mr. Wilson mentioned possibly putting gates on Cynthia at Hamilton Road and at Chapel Hill. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2012 7:00 P.M. – 7:55 P.M. Discussion ensued regarding the need for a variance that would allow for the aforementioned amenities as well as an opportunity to address the drainage issues. In response to a question from Vice Chairman Keaton, City Engineer Whisker clarified that the property directly adjacent to the north was formerly a trailer park but the trailers have been removed. He stated that to the south are houses that front Ferrell Drive. He explained that the houses on Ferrell have a 25’ setback adjacent to this property where Mr. Wilson is asking for a variance to a 10’ setback. He reviewed the area properties as consisting of single-family homes, mobile homes, and apartments. Vice Chairman Keaton stated that the only concern he would have is that a rear setback of 10’ would be very close to the single-family homes on Ferrell Drive, especially if the apartments are two-story. Mr. Wilson stated that the reduced setback would allow the development to have amenities that are more family-appealing and more functional instead of having apartments “crammed in” too close together. He then answered Alderman Howard that his plan is to construct one four-plex unit at a time before beginning the next. Vice Chairman Keaton stated that while he believes the plan looks good, again his major concern would be the reduced rear yard setback at the south end on Ferrell. He recalled a similar situation with the Madden Road Apartments and Linda Lane. He related the development drew a lot of opposition regarding two-story apartments being that close to residential back yards because of the direct line of site. Mr. Wilson stated he understands that concern, but that many of the houses on Ferrell are rentals. Vice Chairman Keaton stated that it is still single-family and it is about protecting that appearance. Commissioner Ott clarified with City Engineer Whisker that the Code for this development would be 25’. Mr. Wilson related the possibility of taking some of the space from Cynthia where the parking would be to increase the rear yard setbacks. Vice Chairman Keaton stated that he likes the proposal but is still concerned about the setback on the Ferrell side. He then clarified with City Engineer Whisker that the north side adjacent to this property is zoned R-7 for a trailer park. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2012 7:00 P.M. – 7:55 P.M. City Engineer Whisker clarified that the trailer park to the north is grandfathered, noting that many of the trailers come up to the fence at the property line, adding that the setbacks are sporadic. Mr. Wilson then answered Vice Chairman Keaton that there is some chain link and some privacy fencing on the Ferrell side. Vice Chairman Keaton questioned if Mr. Wilson would consider privacy fencing and Mr. Wilson stated that he would very much be in favor of privacy fences. Mr. Wilson assured Vice Chairman Keaton that the development would be quality family-style rentals with less maintenance designed this way. He stated that he feels this development would bring the area up. He pointed out that actually it would be cheaper for him to develop the property with mobile homes and still make a nice development but added that he feels this development has longer-term payback for the entire area. He related the need for a variance is logistical as far as the building layout, saying that he could change the dimensions but it would decrease the amount of green space for the tenants, making it less palatable, plus the space is needed to address drainage. He added that the area has suffered with the present drainage issues that need to be addressed. He related that the drainage runs down the middle of the property. City Engineer Whisker noted that there would have to be a 15’ easement through the center of the property. He then answered Commissioner Moore that he would need to consult with the Fire Marshall regarding the required space between the buildings, noting that the sketch plat shows 10’ between buildings. He stated that the space would also dictate the fire ratings used in construction of the outside walls. Mr. Wilson noted that with the variance he could shorten the buildings from 80’ to 60’, taking 20’ off each building so that the distance between buildings could be increased from 10’ to 15’. In response to a question posed by Commissioner Moore, City Engineer Whisker stated that as far as fire proofing, four-plexes are treated as residential. He stated that once you go above four units it becomes a commercial application, subject to separate rules. He added that this is why four-plexes are more popular than anything other type of multi-family units. He stated that he believes it would require some type of curtain in the attic but is not sure if it has to be brick or rock. He went on to say that he believes it is a two-hour rate regarding construction. Mr. Wilson then answered Alderman Howard that the garbage pickup would have to be commercial. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2012 7:00 P.M. – 7:55 P.M. City Engineer Whisker then clarified that 200’ of Chapel Hill Road that was previously closed would have to be reopened for this development. He then concurred with Commissioner Moore that the adjacent property owner, Mr. Young would have to agree with the reopening. Discussion ensued regarding approval of the sketch plat showing a 20’ setback when Mr. Wilson is considering a variance from the Board of Adjustment. City Attorney Bamburg clarified that the Commission could make its approval contingent upon approval by the Board of Adjustment regarding any requested variances. Commissioner Ott moved to approve the sketch plat of the Hamilton Place Development contingent upon approval from the Board of Adjustment regarding any variances and approval from the City Council regarding the rezoning along with approval to reopen 200’ of Chapel Hill Road. In response to a question posed by Commissioner Ott, City Engineer Whisker clarified that the least expensive way to address the drainage would be to begin with concrete block and then pipe it through underneath the parking lot and then open it back up. He added that the drainage would actually go into the backyard of a house on Ferrell that goes into a pipe and then into a 36” pipe that comes out by the cemetery. At this time, Commissioner Twitty seconded the motion. MOTION CARRIED. BUILDING PERMIT(S): REVISED FINAL SITE PLAN Dollar General Hwy. 107 & Kuykendall Road PBGH Macon Subdivision Mr. Daniel Bartlett with Bartlett Architecture stated that he wanted to make sure stipulations from the previous meeting were incorporated into the final plans. Vice Chairman Keaton noted that a waiver was granted regarding the parking spaces, requiring landscaping and screening adjacent to the residential areas, building landscaping of 6’ on the east side and 4’ on the south side with a variance for the interior island landscaping reduced to 834 square feet, no waiver of sidewalks and street improvements on Hwy. 107 and Kuykendall Road. City Engineer Whisker noted that at the previous meeting there was some discussion regarding fencing, which the minutes reflected was only for the dumpster. He noted that the screening was to be along Kuykendall Road as well as a sidewalk on Kuykendall Road and Hwy. 107. Commissioner Moore noted that regarding discussion of some fencing on the back west side, there are some residences on the back west side on CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2012 7:00 P.M. – 7:55 P.M. Kuykendall Road. He related that in the minutes it was stated that fencing would be required on the back west and north side if there were any houses on the north side of Kuykendall Road. He went on to say that there are no houses on the north side but there are some residences on the west side, which is behind the store. He related that the ordinance requires some kind of screening or fencing there so the residents would not have a clear view of the back of the store. He stated that he did not see any fencing or screening on the plans. City Engineer Whisker pointed out there is some screening on the north side of the property that would probably block out the back of the building and it was discussed that the west side (north of the building) would probably not need to have much screening. He went on to say the developer does not have a problem with fencing the back or changing the screening, adding that he believes the sidewalk is the biggest issue. Mr. Bartlett stated that they conducted a search and the closest sidewalk to this property is 4 miles away on Hwy. 107 just north of Gravel Ridge on the new section of Highway. He related that it would be a sidewalk from “nowhere” to “nowhere”. He added that they are requesting a waiver from the sidewalk requirement, saying that they do not have any issue with constructing a privacy fence on the west side or the landscaping plans as presented. Vice Chairman Keaton questioned what the County requirement would be regarding sidewalks. City Engineer Whisker answered that he does not believe the County has any requirement for sidewalks. He then agreed with Vice Chairman Keaton that the approval could be contingent upon County’s approval. He went on to say that typically the County does not ask for sidewalks or much regarding drainage improvements. Mr. Bartlett stated that the County is asking for retention calculations, noting that it has been added to the plans being presented. He went on to say that the calculations for stormwater have been included in the County’s submittal. He noted the drainage pond on the site plan, relating that the County has added to what they had submitted regarding drainage. City Engineer Whisker noted that on the previous Dollar General, that was closer to town, there are sidewalks on the front and along the side. He pointed out that it was across the street from being inside the City limits. It was also noted that the previous Dollar General Store was across the street from an apartment development. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 9, 2012 7:00 P.M. – 7:55 P.M. Alderman Howard stated that he would agree that there is no dire need for a sidewalk regarding this development. In response to a question from Vice Chairman Keaton, City Engineer Whisker related that south of the proposed development is a field and then a gas station. He related that the owners of this property are only selling the north half for this development. Vice Chairman Keaton recounted development stipulations regarding the sidewalk, fence or screening on the west side, dumpster screening, and front and south landscaping. City Engineer Whisker added that the building landscaping and the decreased interior landscaping have been incorporated. He then noted that the north side has also been addressed. He answered that street improvements were to provide rights-of-way, 30’ for Kuykendall Road and 20’ along Hwy. 107. Mr. Bartlett related that the Highway Department has no plans in the near future for improvements on Hwy. 107 in this area. City Engineer Whisker noted that the major issue for the Highway Department in this area is to construct four-lanes to Arnold Drive. Alderman Howard moved, seconded by Commissioner Cummings to approve the revised final site plan as presented contingent upon County approval and waiving the sidewalk requirement for Hwy. 107 and Kuykendall Road; with privacy fencing on the west side. MOTION CARRIED. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Vice Chairman Keaton without objection adjourned the meeting at approximately 7:35 p.m. Respectfully submitted, _________________________ Susan L. Davitt