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18 JULY 9CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2018 7:00 P.M. – 7:55 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a regular session on July 9, 2018. Chairman Moore opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Patrick Thomas, Jim Peacock, Barbara Mashburn, Vivian Brittenum, Dan Brown, and Virgil Healey answered ROLL CALL. Chairman Jim Moore also answered roll call and declared a quorum. PRESENT (7), ABSENT (0) two positions open. Others present for the meeting were Public Works Director Jim Oakley, Tommy Bond, and interested citizens, petitioners, and press. Commissioner Mashburn moved, seconded by Commissioner Healey to suspend the rules and place the Preliminary Plot Plan, 2105 Cloverdale Road on the agenda under Building Permit(s). MOTION CARRIED. DEVIATION IN AGENDA: BUILDING PERMIT(S): PRELIMINARY PLOT PLAN 2105 CLOVERDALE ROAD Representative Danny Wayne Smith with DKS Custom Homes representing Mr. Bradford as his builder, stated they are going to construct a new single family home approximately 2500 square feet, heated and cooled, three bedrooms, three bathrooms with a three-car garage. He continued stating it would be constructed on a five-acre tract. Chairman Moore stated this property was platted in 2011 and there is a waterline that runs down the front of this property. He referred to the plot plan; noting that the house would be setback with a long front driveway. He explained that the owner is proposing to tie onto the sewer of Mr. Burroughs on Cloverdale Road. Mr. Smith noted that the sewer is on the opposite side of Cloverdale Road, adding that they would have to go underneath the road to tie onto the sewer. Chairman Moore instructed Mr. Smith and the owner, Mr. Bradford that the City would need a copy of the letter from Mr. Burroughs granting permission to tie onto the sewer and any necessary letters of approval from the water and sewer departments. In response to a question from Commissioner Peacock, Mr. Bradford answered that each grinder system is maintained by each individual homeowner. He noted that his responsibility would be from the tie on to the home. It was clarified that the responsibility would remain with the homeowner as long as the home is there. Mr. Smith then noted that the force main and grinder sewer design would be performed by Bond Engineering. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2018 7:00 P.M. – 7:55 P.M. Mr. Bradford then answered Commissioner Thomas that the closest City manhole is approximately 400 from his property. Mr. Bond clarified that his line would tie into the manhole. Mr. Bond explained that part of the private system is a gravity system in the Meadows Subdivision and the lower part is grinder pumps and they are maintained by an Improvement District. He related that Mr. Bradford has spoken with Brian Burroughs who manages the Improvement District and received approval to tie on and maintain his private line adding that he would be connected into the Jacksonville Sewer system. Commissioner Brittenum moved, seconded by Councilman Mashburn to approve the Preliminary Plot Plan for 2501 Cloverdale Road stipulating that all letters of acceptance from Mr. Brian Burroughs and the Sewer Department be submitted to the City Clerk prior to being issued a building permit. MOTION CARRIED. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Mashburn moved, seconded by Commissioner Brittenum to approve the minutes of the May 14, 2018 rescheduled meeting. MOTION CARRIED. PUBLIC HEARING(S): REZONING 900 MADDEN ROAD R-1 TO R-3 Chairman Moore opened the public hearing at approximately 7:12 p.m. Tommy Bond of Bond Engineering recalled that the apartment complex was built on Madden Road in the 90’s, adding that Mr. Brad Medlock sold the complex to Thaddeus Properties approximately three months ago. He noted that the original plan submitted to the City was a design for 8 units and 5 units were eventually approved and built. He noted that the property was rezoned with the front 300 foot on Madden Road left as R-1. He explained that the current petitioner is requesting that the remaining property be rezoned to R-3 so they can construct additional units on the south end of the property. He related that he feels these units primarily serve the Little Rock Air Force Base personnel. He stated that his experience as a resident that lived further down Madden Road, was that he never saw much traffic from the complex. Councilman Mashburn noted that the road curves into the area accessing Madden Road, surmising that it would be difficult to construct an additional three units because of the road placement. Discussion ensued as to the number of units that are being requested, Chairman Moore noted that he received information that indicated Thaddeus Properties are proposing to build two more units not three. He then noted that they are supposed to be the same size as the current units. Chairman Moore then noted that he had provided information to the Commissioners regarding the exact measurements of the property. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2018 7:00 P.M. – 7:55 P.M. Commissioner Peacock reminded the Commission that currently for consideration is the rezoning from R-1 to R-3, noting that a preliminary plat and site plan would follow. Mr. Bond stated that he feels these are some of the nicer apartments in Jacksonville. Chairman Moore concurred with Commissioner Peacock, pointing out that it is important to know what type of development will occur if rezoned. He related that he would like for the history data to include the objections by the area homeowners when it was previously requested for rezoning. Chairman Moore opened the floor for opposition to present at approximately 7:22 p.m. Mrs. Geraldine New of 2413 Linda Lane at the corner of Linda Lane and Madden Road. She pointed out that her home actually faces Madden Road directly across from this property. She related that when the apartments were first proposed former Commissioner Dean Wilburn actually counted the cars on Madden Road, explaining that it was amazing how much traffic there was. She stated that currently they do not have a police presence in the area because the Police Department is currently underfunded. She stated that she is not complaining about the Police Department but she does not feel that the neighborhood needs any more buildings that will further congest the traffic. She then stated that the traffic is busy from the Jacksonville High School. She noted that even if they move the High School there are plans to replace it with a Jr. High and possibly an elementary school on the same school property. She continued pointing out the various areas and another school that uses Madden Road for traffic purposes. She suggested that nothing else be built on the proposed property to further make complications. She then noted that there have been at least three shootings at the complex, adding that there have also been noise complaints from the apartments. She reiterated that she does not feel the population on Madden Road should be increased. She suggested that the property be made into a play ground for the children who live in the apartments, noting that they currently have no place to play. She asked audience members to raise their hands if they are in opposition to the request to rezone, approximately 6 individuals raised their hands. Mr. Rich Kulpanowski 2601 Linda Lane related that he was an employee of the City when the previous rezoning was taking place. He noted that the property where the existing five units were constructed was previously zoned commercial before being rezoned to R-3. He stated that the front 300’ has always been zoned for residential. He stated that it was hard to fight the previous rezoning because it was commercial being raised to a high zoning classification to residential. He then added that all the previous Commissioners felt CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2018 7:00 P.M. – 7:55 P.M. it would be wrong to rezone the residential one property and it should never be changed. He stated that there was a shooting at the apartments. He stated that it was a murder/suicide that occurred in front of their child. He stated that on New Year’s Eve, there were shots fired and the police had to be called. He stressed that all the Commissioners on the Planning Commission when it was approved for a partial rezoning for the complex agreed that the portion of property zoned R-1 should remain R-1. He stated that the apartment residents do not have the same feeling toward that property as the area homeowners. He stated that if approved he would be faced with having windows looking down into his back yard. He added that this was not his vision for his retirement home when he retired from the Military and then the City. He pointed out that it is a quiet older neighborhood and additional units would not be right for the homeowners. He reiterated that the former members of the Planning Commission were steadfast that the remaining property would remain R-1. He stated that if it was wrong then, “why should it be right now” just because it changed hands. He additionally mentioned issues of ongoing debates regarding falling property values. Chairman Moore stated for the record, he was contacted by Thaddeus Properties who related that they would be willing to make the setback from Madden Road 75’. It was clarified that the front 75’ of the property would be removed from the rezoning request and left as R-1. He added that on the advice of City Attorney Bamburg it would need to be put in writing. City Attorney Bamburg stated that if the petitioner is modifying the rezoning request then they need to be present to make that request in person or in writing. He stated that the Commission does not need to take a vote on something without having the appropriate records on a matter as important as a rezoning. Mr. Bond related that he had spoken with Daniel Gray of Thaddeus Properties this afternoon and Mr. Gray had conveyed that he would be willing to go to a 100’ setback from Madden Road and reduce the request from the 300’ to the northern 200’ of the existing 300’ R-1 area. Commissioner Healey noted two houses adjacent to the property questioning the lot size of the house for sale. Mr. Bond stated that he would guess it is approximately 120’ deep. Commissioner Healey stated that any revisions to the request should respect the lot size of the adjacent lots. Mr. Bond offered that could be accommodated because it would not only be the 100’ that would remain R-1 but there would be another 25’ building setback, which would make 125’ before there would be any building construction. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2018 7:00 P.M. – 7:55 P.M. Commissioner Healey asked that the lot size be taken into consideration, adding from the previous minutes it was addressed about the Fire Department having access, saying at one time there was a gravel road that is no longer there. Mr. Bond stated that he believes a turn-a-round was built at the end of the Street going into the complex. Commissioner Healey stated that he did not observe a turn-a-round so he would like clarification regarding Fire Department access. He then questioned if water could support two additional units. In response to a question from Commissioner Brown regarding the original zoning of the property, Mr. Joe Hayden of 4001 Madden Road stated that he believes Don Boyd was responsible for placing the requirement of a 300’ buffer on Madden Road. He stated that the restriction of no multiple residences on the front 300’ of Madden Road has been in place for 30 plus years. He stated that in his view Madden Road is crowded enough as it is. He issued concerns for additional traffic congestion. Chairman Moore reviewed the rezoning history regarding the front 300’ and it remaining R-1 at the last rezoning request. He emphasized that the previous members of the Planning Commission felt that it should remain R-1. He then answered that the minutes are the official record for the denial for rezoning of the R-1 property in 2004. Chairman Moore closed the public hearing at approximately 7:40 p.m. Commissioner Healey stated that he does not feel the vote should happen this evening, adding that he has additional questions and would be uncomfortable taking a vote at this time. Chairman Moore clarified that the request before the Commission tonight is the front 300’ as submitted. Upon the advice of City Attorney Bamburg, the Planning Commission sought to postpone pending further information. Mr. Bond stated that on behalf of the owner he would suggest that it be tabled until next month, offering him and the owner an opportunity to provide requested information. Commissioner Thomas questioned what circumstances had changed since the previous when the Commission denied the request to rezone from R-1 to R-3. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2018 7:00 P.M. – 7:55 P.M. Mr. Bond responded that one thing that had changed was the traffic count, explaining that for whatever reason there is a substantial decrease in traffic regarding Foxwood Drive and Madden Road between 2004 and 2016. He cited that Foxwood Drive went from 1300 cars daily to 490 daily, which is a substantial change. Commissioner Thomas clarified that his question would be what has changed for the Planning Commission as a body to overrule a previous Planning Commission decision. Mr. Bond noted the request was met with a larger group that was in opposition. Commissioner Healey other than that there is really nothing that has changed; you still have the school and traffic. He stated that nothing has changed for the area since 2004 other than what appears to be a decrease in area traffic. Commissioner Peacock stated that something that has not changed is the population of Jacksonville; the economic viability of Jacksonville has changed for the worse. He stated that from his experience as a realtor, he sees Military Airmen looking for nice affordable housing and Jacksonville does not have the inventory. He stated that because of that those Military personnel go to Cabot, Sherwood, and North Little Rock. He stated that Jacksonville has missed this opportunity for 20 years. He stated that while he is not an engineer, his understanding is that the City has a Master Plan and we either grow or we decline growth. He stated that while the changes may be tough changes, the City of Jacksonville is losing Air Force Base personnel that want to live in the community because we do not have places to house them. He stated that as a former resident of Foxwood he heard gunshots fired in the Foxwood Subdivision, adding that things can happen and that is why we have a strong Police Department to enforce the laws. He stated that if Jacksonville is in jeopardy of missing the opportunity to house an additional 12 families. He related that he was given a tour by the person head of Base housing and this particular complex was mentioned as a benefit to Jacksonville because at the time the residents there were a majority of Air Force personnel who lived there. He stated that approximately 10 years ago the question was posed to him, why does Jacksonville not have more housing or multifamily units comparable. He stated that he did not have a good answer at the time. He then added that he has spoken with developers regarding large parcels in Jacksonville that is never developed but sits vacant. He stated that he feels the reason is that City Council members in the past have been opposed to new multifamily developments in Jacksonville. He stated that this town needs growth and it needs change, more housing that will attract the same economic level at the Airmen. He stated that we are running out of that type of housing and supplying housing that are pre-1950 properties. He stated that Jacksonville needs to get a lot more of 2018 properties on CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 9, 2018 7:00 P.M. – 7:55 P.M. the books. He acknowledged that there would be opposition if the multifamily is adjacent to residential areas, adding that Jacksonville is running out of room to grow. He stated that Jacksonville need more affordable housing development. He related that this is only a small step, adding that if this goes on record as being opposed, developers will look at Jacksonville as being opposed to have new developments in town. Mr. Bond offered that North Little Rock made a conscious decision 10 or 15 years ago to encourage apartment development, adding that the results are that currently they have an 800-unit development in the works. He stated that the truth is that apartments are the best thing a city can have because it requires fewer services; there are not as many streets to maintain, nor a larger sewer system. He stated that there are many things that make it more attractive from a business standpoint. He then noted that a city gets more tax dollars for the area than single-family residents. He concurred with Commissioner Peacock, saying that Jacksonville has a very limited area to grow. He pointed out that Jacksonville is hindered by County lines, flood plains, and the Air Base presenting constriction on growth areas. He stated that the density that we can build housing here limits the growth of Jacksonville. He requested that the item of business be tabled until next month pending further information and answers for the Commission regarding traffic and other concerns. Mr. Bond agreed to supply a new legal for the amended request and Chairman Moore requested that one of the developers be available at the meeting to answer questions. Commissioner Thomas moved, seconded by Councilman Mashburn to table the item of business until August regularly scheduled meeting. MOTION CARRIED. Commissioner Healey noted issues regarding the water, Fire Department and lot sizes from Madden Road. ADJOURNMENT: Chairman Moore without objection; adjourned the meeting at approximately 7:55 p.m. Respectfully submitted, _________________________ Susan L. Davitt