city of jacksonville, arkansas regular planning commission meeting =================================== may 14, 2001 ============

CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
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MAY 14, 2001
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7:00 P.M. – 8:57 P.M.
OPENING REMARKS:
Chairman Brannen opened the meeting at approximately 7:00 p.m.
expressing appreciation for those in attendance and requested roll
call.
ROLL CALL: Commissioners: Chad Young, Glen Keaton, Mark Perry, Dean
Wilborn, and John Hardwick answered ROLL CALL. Chairman Brannen also
answered ROLL CALL. PRESENT Five (5), ABSENT (3).
Others present for the meeting were City Engineer Whisker, Mr. Tommy
Bond, Mr. Thad Gray, Alderman Elliott, interested citizens, and
petitioners.
APPROVAL AND/OR CORRECTION OF MINUTES:
Commissioner Hardwick moved, seconded by Commissioner Perry that the
minutes of the 9 April 2001 Regular Planning Commission meeting be
APPROVED. MOTION CARRIED.
PUBLIC HEARING(S):
a. CONDITIONAL USE: R-3 in C-1 zone for property adjacent to 900
Madden Road
Chairman Brannen announced that the item of business was scheduled for
last month but was withdrawn by the petitioner.
Attorney David Henry representing Mr. Brad Medlock, stated that the
property directly in front of the C-1 property is zoned for
single-family. He stated that the rezoning hearing was a close vote of
5 to 4. He related that Mr. Medlock had considered many
recommendations, adding that he recommended Mr. Medlock to appeal and
sue. He stated that Mr. Medlock is smart enough to know that the only
one who makes any money when that happens is the attorney. He stated
that Mr. Medlock considered objections expressed and made possible
changes. He pointed out that the street shown on the original plat has
been moved 25-feet to the west regarding the 300-foot frontage before
it turns into the back 473-feet. He stated that the first three
buildings on the original plat have been removed, leaving only five
buildings and a total of 20 units, which is a 44% reduction in units.
He stated that the design of the units is about 50% of what the lot
coverage requirements are. He then stated that the property is
landlocked from the Highway service road. He related he believes the
contemplation of the C-1 property was that it would have access from
the service road, adding that this is not now possible and that it is
through no fault of either the landowner or the current applicant.
CITY OF JACKSONVILLE, ARKANSAS
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He stated that Mr. Medlock is willing to build a privacy fence along
the single-family properties to the west and part of the lot that
straddles the 300-foot line. He then related plans by Mr. Medlock to
construct a playground for the children of the occupants in the
20-units. He stated that he believes Mr. Medlock has done everything
humanly possible to try and meet complaints by the neighbors and the
concerns of the Commission. He stated that Mr. Medlock wants a good
development, and wants to be a good citizen. He stated that Mr.
Medlock is requesting the guidance and approval from the Commission,
but will find another project if that is not possible. Saying that Mr.
Medlock is not even going to consider appealing this to the City
Council or anyone else. He stated that Mr. Medlock does not want to
create problems, but solve them and provide high quality apartments
for Jacksonville citizens in an area he believes can be blended
comfortably.
Chairman Brannen invited opposition to speak.
Mrs. Geraldine New of 2413 Linda Lane reading from a prepared
statement stated that their home is across the street from 900 Madden
Road toward the High School. She wished the Commission and spectators
a good evening, saying that she very much appreciated the opportunity
to state her views as well as the views of many people who live on
Linda Lane, Linda Cove, Madden Road and the many who must travel
Madden Road. She stated that they are not against progress, pointing
out that Webster defines progress as “steady improvement, movement
toward a goal, to advance toward a more desirable position, to advance
toward a more situation, a more desirable situation.” She stated that
she is sure that all share in the goal of making progress in
Jacksonville. She said just as a house is built one nail at a time, a
city is built one neighborhood at a time, and the sum total of how we
build our neighborhoods results in the kind of city we have. She then
added that just as the best builders take great care in how each nail
is driven, we must take care in how we build each neighborhood.
Stating that once it is built, it is built. She asked that each
Commissioner take a close look at the issues regarding the proposed
change of use for the property 300-feet behind 900 Madden Road. She
stated that it is her understanding that the traffic will come in from
Madden Road, adding that she is aware that Madden Road traffic was
discussed at the last meeting and does not intend to beat that to
death, but the existing traffic on Madden Road is unbelievable. She
related that they desperately need a four-lane street to handle the
existing traffic, adding that if traffic is allowed to flow from the
development to Madden Road it will create a monster traffic
CITY OF JACKSONVILLE, ARKANSAS
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7:00 P.M. – 8:57 P.M.
problem. She pointed out existing traffic problems at the intersection
of Madden Road/T.P. White Drive and the entrance to Hwy 67/167. She
related that fire equipment access needs to be considered and
determination of the use of the R-1 portion of the property should be
settled before other changes, saying that she can see a future request
coming regarding the R-1. She related that the next issue is drainage.
Pointing out that during any hard rain, flooding begins at the
intersection of Linda Lane/Madden Road and continues down Madden Road.
She stated that water drains down Madden Road, down Linda Lane and
from Jacksonville High School overflowing the ditches onto the yards.
She stated that the apartment complex including street and parking
areas would cover many square yards of non-absorbing surfaces. Saying
that she cannot imagine the magnitude of flooding that would occur if
that many buildings are built. She stated that the third issue is
privacy. She related that the residents on the east side of Linda Lane
would have no privacy if two-story buildings are allowed. She related
that Mr. Medlock had said he would build a privacy fence, but he did
not say how high the fence would be. She stated that unless the
privacy fence goes as high as two-stories it is not going to help that
much. She stated that she would not care to have someone looking down
from their bedroom window into her back yard, patio, and swimming pool
or in her windows, adding that everyone can imagine what children
might do from those windows. She stated that issue number four is the
water pressure. She related that there is not much water pressure in
the area; she questioned what would happen with that many more people
taking showers doing laundry and washing their cars. She then stated
that building a playground for the children does cover one of the
problems, adding that if children have nothing to do then sometimes
they will make something to do. She stated that issue number six is
community pride. Saying that even with the proposed so called “upscale
apartments”, residents live there a few weeks or months and then they
are gone. She pointed out that people who know they are going to be
there a short time are less likely to take pride in their
neighborhood, adding that she does not need to explain those
consequences. She stated that while most people who live in apartments
are good folks, apartments near Jacksonville High School would be a
wonderful place for those who profit from dealing drugs to students.
She related that issue number seven is the property values. She
related that when homeowners built or purchased their homes, 900
Madden Road was a residential dwelling with nothing on the horizon
that would indicate even the remote possibility of an apartment
complex in the area. She stated that if there had been even a hint of
an apartment complex they would have chosen a home somewhere else or
paid much less. She related that future buyers would look at their
CITY OF JACKSONVILLE, ARKANSAS
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7:00 P.M. – 8:57 P.M.
homes as undesirable at current values. She said that while there are
other concerns, the reality of the situation is that a big apartment
complex cannot be placed in the middle of a residential neighborhood
without creating problems for the existing property owners. She
pointed out that nearby homes will loose thousands of dollars in
resale value, and that the inclusive value lost for all homes is so
great that it is just beyond ability to calculate. She stated that she
is not against a property owner turning a profit on his investment,
but she is against turning a profit that creates a big loss for
surrounding property owners. She stated that there are other
alternatives for the property such as smaller one-family houses as
opposed to the proposed two-story apartments to bridge the gap between
existing homes and business on T.P. White Drive. She appealed to the
Commission saying, “Gentleman, we have an emergency here, when we have
a fire in our house we call the fire department to protect us. When we
have an intruder in our house, we call the police to protect us. When
we have a proposal that will intrude upon our neighborhood, we call
upon you to protect us and our homes. We have an intruder and we need
protection. You were appointed to this commission and serve our
community as volunteers and we certainly commend you for that. We ask
you to do the job of planning in the best interest of all of our
property owners and vote for the right kind of progress for our
neighborhood.” She stated that there is precedence for refusing the
request, adding that approximately two-years ago the Foxwood community
was up in arms about plans to put modular homes across the tracks from
the development, it was defeated in the best interest of the Foxwood
community. She then stated that the homes were across the railroad
tracks not backed up to the yards of the residence as they are in this
proposal. She then related that the Toneyville community was faced
with the prospect of a trailer court in their area that was also
defeated in the best interest to the residence. She stated, “Again we
ask you to vote in the best interest of the Linda Lane and Madden Road
residents.” She spoke to the Commissioners who voted against the
apartment complex, saying, “Again we need your vote.” She related that
it was defeated because it was wrong for the neighborhood, adding that
it was wrong two-months ago and it is wrong today. She then related
“to the Commissioners who voted to allow the two-story apartments two
months ago, I would say that I know it is very difficult to say no to
businessmen who might profit from this endeavor and who are possibly
friends and your neighbors.” She stated that studies have been made
and spoken about regarding the difficulty of small town commissioners
deciding issues that would profit either themselves, business
associates, neighbors,
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
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7:00 P.M. – 8:57 P.M.
friends and so forth. She asked the Planning Commission to please
remember that building a better Jacksonville must come before profits
and friends. “If you just can’t vote no then we request that you
excuse yourself from voting.” She stated “Commissioners, it is not
lost on me that three of your members are not here tonight, since this
is such an important issue you may wish to consider tabling your vote
until you have a full Commission present.” She stated that the request
is from a gentleman that is not a Jacksonville resident and was pulled
from the agenda last month perhaps due to expected absences on the
Commission, adding that the Commission may want to consider what this
vote will look like in the newspaper. She requested that all
spectators that agree with the issues to quietly stand or raise your
hand. She concluded saying “Commissioners we strongly ask you also to
stand up for a better neighborhood in the Madden Road area, lets keep
this neighborhood as it is, lets create a better Jacksonville. Thank
you very much.”
Mr. Henry stated that he would like to point out that the property has
been zoned C-1 for many years, before some of the adjacent
single-family residents actually constructed. He then stated that
there are various permitted uses in C-1 that by platting a street from
the C-1 property to Madden Road, which is permissible under the
subdivision ordinance, could gain access for a C-1 development that
would probably provide more impervious surfaces, more drainage
problems, and more traffic. He stated that he does understand that
people have fears of the unknown and that apartments are something
that is unknown; adding that they will be quality apartments that will
offer less blighting influences than some of the other uses that are
permitted by right. He stated for instance, a funeral home, beauty and
barbershops, coin-operated laundries, pharmacies, daycare facilities.
He related that many of those uses are more inconsistent to a
single-family neighborhood than what is proposed. He pointed out that
the proposal is single-family occupancy, adding that Mr. Medlock will
maintain his property. He stated that they are asking for the
opportunity to provide a benefit to not only the City of Jacksonville,
but also one that will be a buffer and a reasonable use to the
adjacent single-family properties when you consider those that are
already permitted by right.
Mrs. Geradine New of 2413 Linda Lane readdressed the Commission saying
that she understands Mr. Henry’s point of view, but they are not
afraid of the unknown and are familiar
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
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7:00 P.M. – 8:57 P.M.
with what happens to property values. She stated that given all
concerns expressed, they still contend that the neighborhood does not
need the apartment complex and would appreciate the Commission’s
consideration.
Chairman Brannen closed the public hearing at approximately 7:36 p.m.
Commissioner Wilborn related that the item was denied two-months
earlier and that one of the most important considerations was traffic.
He related that he had spent 30 minutes parked at the proposed site to
observe traffic, saying that it was terrible. He pointed out that the
road is narrow and has no sidewalks with little drainage. He stated
that it astonishes him to think of an apartment complex in the
proposed location.
Chairman Brannen recognized the request for the C-1 property, asking
Mr. Henry if there is any thought to a future rezoning request for the
R-1 property to R-2 or R-3 for more apartments.
Mr. Henry replied, no sir. He then stated that the feeling was clear
from the previous meeting that the R-1 frontage was R-1 and they can
appreciate that. He reminded the Commission that the street was moved
in such a way that the only thing that would be developable on that
tract in the future would be single-family. He stated that given the
street location it would be devoted to single-family occupancy on
either side, which is the only thing the ordinance would fit in there.
He stated that a lot of work went into reducing the units and trying
to take advantage of the problems created by the C-1 zoning. He stated
that he does not have knowledge of anyone else’s plans for the future,
but Mr. Medlock is committed to this project if approved, otherwise,
he will look for something else.
In response to a question from Commissioner Young, Mr. Henry stated
there has been a serious effort to obtain access off T.P. but it is
unavailable without making the project totally economically
unfeasible. He stated that the price of access is more than the price
of the land.
To address concerns expressed by Mrs. New, Commissioner Hardwick asked
the City Engineer if there were any concerns regarding fire protection
if developed.
City Engineer Whisker stated that the Fire Marshall has reviewed the
plans and is requiring a fire hydrant at the entrance, adding that
access with the equipment will come as part of the plat.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
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7:00 P.M. – 8:57 P.M.
Commissioner Hardwick stated regarding privacy issues of two-story
construction that many single-family subdivisions have two-story homes
and that the most recent commercial development on the corner of
Madden and T.P. White is two-stories. He related he is not sure that
makes a difference regarding the conditional use. He then asked Mr.
Bond to address concerns regarding water pressure in the area.
Mr. Bond stated that as a Sewer Commissioner he is not aware of any.
Commissioner Hardwick then addressed the question to Water Commission
Chairman, Mr. Thad Gray.
Mr. Gray stated, none that he was aware of, adding that Mr. Bond lives
in the neighborhood and should know.
Mr. Bond reiterated that he is not aware of any.
Mr. Gray added not that are no pressing concern to the Water
Commission.
Commissioner Hardwick addressed the issue of pride, saying that pride
is obvious by the turnout, but pointed out that there is an existing
apartment complex already in the neighborhood that has not been
detrimental to the neighborhood. He stated that there is a single-wide
mobile home on Linda Lane that has not been detrimental to the
neighborhood, adding that he is unsure why 20 new apartment units
would be considered detrimental. He stated that regarding property
values, the property for proposed development is already zoned C-1 and
that he is unaware of any studies that would indicate that developing
multi-family would decrease property values more than commercial.
Reiterating that the existing apartments have not made the
neighborhood undesirable, which is the argument from opposition. He
stated that if the property were being proposed from R-1 to
multi-family that might be a different case. He stated that he felt
the two concerns of traffic flow and water drainage need to be
addressed. He asked City Engineer Whisker to address.
City Engineer Whisker stated that he did not have actual numbers
regarding traffic counts, adding that drainage and sidewalk issues are
being addressed. He related that a survey of the area has been started
to begin the process of drainage and sidewalks simultaneously. He
related the need for a cost estimate to proceed with the project.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
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7:00 P.M. – 8:57 P.M.
Commissioner Hardwick questioned if before a building permit is issued
would it not be required that drainage plans be approved.
City Engineer Whisker responded that they would have to submit a site
plan and drainage would be a part of that issue. He stated that he
believes the drainage flows northeast.
Commissioner Young questioned if the developer would be responsible
for water retention regarding increases.
City Engineer Whisker related that he believes that is how the
ordinance is written depending on size, adding that he believes a
retention area would be required.
Discussion ensued including members of the audience regarding the flow
of drainage.
Commissioner Hardwick addressed the issue of difficulty for Planning
Commissioners in a small community to deny requests from businessmen.
He clarified that in a recent meeting with Metroplan, ethics were
discussed regarding when a Commissioner should recuse himself. He
stated that he had considered that for tonight’s meeting but stated
that the fact of the matter is that he is comfortable with the way he
has voted in the last seven years. Saying that in fact, if you ask
some of his customers most of his votes have been votes that have cost
them additional money to do things that they would rather not have
done. He added that he understands that there are concerns. He went on
to say that he has talked to the petitioner and if it would make
anyone feel better, if the motion were to pass he would ask Mr.
Medlock not use the financial institution that he is associated with.
He stated that regarding Commissioner’s service to the Board,
interested parties should attend all meetings and not just on occasion
to see how the Commission acts.
Chairman Brannen stated that he stands behind Commissioner Hardwick’s
statement 100%, saying that Commissioner Hardwick has done a fine job
on the Commission.
In response to a question from Chairman Brannen, City Engineer Whisker
stated that the proposed street development has been moved 25-feet
west, approximately 270’ from Linda Lane. It was noted that the new
location of the proposed street would not create more traffic than the
original plan.
CITY OF JACKSONVILLE, ARKANSAS
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In response to a question from Commissioner Perry, Mr. Medlock of 8208
Brighten Drive related that the house will be torn down. He added that
he is not fully sure when, but assured the Commission that it will be
before the project is completed.
Commissioner Young questioned possible plans for landscaping along the
drive, near the adjacent homes and the fence area that will back up to
the homes on Linda Lane.
Mr. Medlock indicated that he would like to plant Bradford Pear Trees
every fifteen feet. He stated that Bradford Pear Trees grow very
quickly and will provide a good screening.
Mr. Harry Roderick addressed the Commission, saying that his home is
adjacent next door to 900 Madden. He related that when he purchased
his house he considered it an investment. He stated that he also
looked at it as what he could do for the community, adding that he has
been told by a lot of people that they did not even know it was there
and if they did it must have been an eye sore. He related that when he
purchased his house the landscaping was non-existent, and that he has
put $20,000 into the house. He stated that being in the military, he
has experience with apartment living and unfortunately, they do not
have my morals and do not keep the property up because it is not their
property. He stated that he would like to see the Commission table the
request and at least come by his property. He stated that he is being
transferred and was told by his realtor that he would loose about 20%
of the value of his home. He stated that he is aware of a two-story
house on Northeastern across from the apartments that went below
appraised value after being on the market for a long time. He related
that he has also been told that people who are looking at his property
are waiting to see what this Commission does. He stated that he sees
what apartments do to a community, there is no trust. He related that
he knows his neighbors by first name and if they need something they
come and borrow it, adding that unfortunately with apartment tenants
they are here today and gone tomorrow. He stated that he realizes
there should be progress in a community, but when he purchased his
house they asked if the adjacent land could be rezoned, adding that he
was told that there was no way that it would be rezoned. He stated
that when he purchased his house he did the research and found out
that the property was zoned R-1 and that it was owned by Mr. West who
owned the entire strip and he was the one that had the C-1 access so
he felt comfortable. He stated that his question would be when the new
owner purchased, did he research it to see if he could get access to
R-1 prior to purchase. He related that when he makes mistakes, he
lives up to them and he believes that unfortunately the buyer made a
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
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mistake and did not research to make sure that he could get access
before he purchased the land. He added that now the buyer is asking
all the homeowners in the neighborhood to sacrifice and allow him to
get off the hook. He stated that he has seen many apartments that are
good looking for about five years and then they get sold. Just as
houses are sold, but instead of just one, there is a multitude sold to
someone out of state. He stated that it makes him uncomfortable that
the owner does not live in Jacksonville. He added that he is not a
lawyer, but has faith in the Commissioners as homeowners to protect
his investment. He stated that the appraisal value of his home is
pending the request outcome. He asked the Commission not to jeopardize
his family and the other families. He reiterated that he has lived in
apartments and is asking as a homeowner, a husband, and a father to at
least consider that and if the Commission can’t decide than at least
table and come out see what the community looks like.
Commissioner Wilborn moved, seconded by Commissioner Perry to deny the
request for a Conditional Use of R-3 in the C-1 zoned property
adjacent to 900 Madden Road. ROLL CALL: Commissioners Young, Keaton,
and Hardwick voted NAY. Commissioners Perry, Wilborn voted AYE. MOTION
FAILED.
Commissioner Wilborn moved to table the item of business until all
Commissioners are present for a full vote. MOTION DIES FOR LACK OF A
SECOND.
Commissioner Hardwick asked Commissioners Perry and Wilborn if there
were additional considerations outside traffic and drainage not yet
addressed.
Commissioner Wilborn stated that all concerns were addressed. He added
that he personally would not like to have apartments built in his
backyard, especially if the property on both sides is R-1. He stated
that the property is very small, he would not want the development,
and that the majority of the citizens in this audience do not want it.
He stated that it is going to cause problems not only with traffic. He
related concerns for Madden Road traffic, stating that to be the
reason he made the motion to deny. He stated that he has no knowledge
of ownership but feels it is his right as a commissioner to vote no.
In response to a question from Chairman Brannen, City Engineer Whisker
related that the development would accommodate City Fire Equipment and
the Fire Marshall has reviewed plans.
CITY OF JACKSONVILLE, ARKANSAS
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Commissioner Hardwick moved, seconded by Commissioner Young to grant
the conditional use of R-3 in C-1 zoned property adjacent to 900
Madden Road as requested.
Commissioner Young stated that in speaking with other developers
regarding the property he learned that the proposed area is considered
a hard site for single-family development. He voiced concerns for
permissible C-1 development of the area.
Commissioner Perry stated that C-1 is meant to be a development
between commercial and residential to provide a buffer. He added that
if the drainage were adequate and there were road improvements, it
would be a great time for development, but not until improvements are
made. He explained his experience with flooding of his previous home,
saying that an impervious surface will create additional water runoff.
He stated that for that reason he feels the development should not be
allowed.
Commissioner Young stated that water detention should be required.
Chairman Brannen read the definition of conditional use provided by
Metroplan “Conditional use is a use permitted within a zone where it
is specifically listed as conditional use and is subject to special
requirements (conditions) that are not spelled out in the zoning text.
By definition, conditional uses are not uses permitted by right within
a zone and thus do not have to be granted approval simply because a
request has been made. The Planning Commission and/or the City Council
determine the conditions that need to be placed upon the development
at the time of the zoning request. Conditions can included a wide
range of restrictions such as to use, size, design, development
timing, etc. and can be stipulated as a means to mitigate potential
adverse impacts that could be expected to occur without imposing such
conditions.” He then questioned if Commissioner Hardwick would like to
include any conditions with the motion.
Commissioner Hardwick stated that drainage had been his concern but
that has been clarified by the City Engineer. He then stated that he
travels Madden Road daily and is familiar with the traffic flow,
adding that he does not feel that 20 units will make any more
difference than Foxwood Phase IV or Critter Hollow. He stated that
concerns he had regarding traffic flow have been resolved to his mind
and water, which he has reviewed with the City Engineer. He added that
the Planning Commission will have the opportunity to make sure that
drainage is adequate when the building permits and plot plans are
presented for approval.
CITY OF JACKSONVILLE, ARKANSAS
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7:00 P.M. – 8:57 P.M.
MOTION RESTATED: Commissioner Hardwick moved, seconded by Commissioner
Young to grant the conditional use of R-3 in C-1 zoned property
adjacent to 900 Madden Road as requested. ROLL CALL: Commissioners
Young, Keaton, and Hardwick voted AYE. Commissioners Perry, Wilborn
voted NAY. MOTION CARRIED.
THE COMMISSION TOOK A FIVE-MINUTE BREAK RECONVENING AT APPROXIMATELY
7:56 P.M.
DEVIATION IN AGENDA:
Commissioner Hardwick moved, seconded by Commissioner Perry to approve
the minutes of the regularly scheduled Planning Commission Meeting of
4 April 2001. MOTION CARRIED.
RESUME AGENDA:
b. CONDITIONAL USE C-1 in R-1 zone at 300 North Jeff Davis for Bethel
Baptist Church
Chairman Brannen opened the public hearing at approximately 8:00 p.m.
Mr. Charles Cornelius representative for Bethel Baptist Church located
112 & 300 North Jeff Davis related that they are requesting a
conditional use at 300 North Jeff Davis for parking on Sunday and
Wednesday when the Church property is being used. He stated that the
property at 300 North Jeff Davis is a single-family home consisting of
3-bedrooms with two baths, a kitchen, and carport. He stated that the
Church would like to use the property for a classroom, saying that
primarily it would be used Sunday morning, Sunday night, Wednesday
night and occasionally at other times. He related that they are
willing to do whatever is necessary to make the property suitable for
conditional use regarding drainage that may affect the neighbors. He
related that the Church does not want to offend any of the neighbors.
Mrs. Bobbie Burney of 304 North Jeff Davis, stated that she lives next
door to the property and does not have a problem the request, but
noticed that after the parking area was bulldozed it increased
drainage. She related that the former City Engineer had related that
there was a provision for a privacy fence if it became a parking lot.
She reiterated concerns for drainage and the privacy fence for her and
her neighbor Mrs. Curtis. She concluded saying that they are not
opposed if drainage and the privacy fence are addressed.
CITY OF JACKSONVILLE, ARKANSAS
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Mr. Cornelius assured the Commission that the Church has no problem
correcting any problem that might affect the neighbors and asked that
consideration be given to those guidelines. He stated that he would
not like to make the choice of a privacy fence that the neighborhood
might find unacceptable. He stated that he was unaware of a drainage
problem but it will be taken care of. He requested guidelines from the
City Engineer regarding drainage.
Chairman Brannen closed the public hearing at approximately 8:15 p.m.
City Engineer Whisker stated that he was unable to find any written
guidelines for the fence but assumed the neighbors requested a privacy
fence that is not an eye sore.
In response to a question posed by Commissioner Hardwick, Mr.
Cornelius stated that he had not spoken to the neighbor located behind
the property but was informed by Mr. Billy Hall that the resident on
Hospital Drive might be interested in selling the property. He stated
that the property is rental property and that the Church has
considered purchase of the property.
Alderman Elliott addressed the Commission saying that the property on
Hospital is owned by his mother who resides there, adding that she in
not opposed to the request if concerns are addressed to the
satisfaction of the neighbors.
In response to a question from Commissioner Wilborn, City Engineer
Whisker related that he did not feel drainage resolution would require
more than a grass ditch to the front of the property.
Mrs. Burney stated that she has spoken with the Mayor regarding
drainage concerns of the property along the front of North Jeff Davis.
City Engineer Whisker stated that it his understanding that each
property owner would be responsible for the purchase of pipe to upsize
the drainage capacity. He stated that the main drainage for the area
is along the front of North Jeff Davis and would be the proper
location for the drainage to flow from the parking area.
Commissioner Hardwick moved, seconded by Commissioner Wilborn to grant
the conditional use of C-1 in R-1 zone at 300 North Jeff Davis
condition upon the construction of the privacy fence to be determined
by the City Engineer and resolution of
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
===================================
MAY 14, 2001
============
7:00 P.M. – 8:57 P.M.
drainage problems, requiring the church to participate in the pipe
upsizing project for as long as Bethel Baptist Church operates as it
is presently operating. MOTION CARRIED.
BUILDING PERMIT(S): 1912 McArthur Drive
Chairman Brannen related that the request is for an expansion of the
daycare facilities located there.
Mrs. Cara Walloch explained that they would like to expand the
existing building to better accommodate the after school children that
currently have to go to a lunchroom area. She stated plans to add two
classrooms and a garage.
In response to a question from Commissioner Hardwick, Mrs. Walloch
related that the proposed expansion is the area between the existing
building and the playground area.
City Engineer Whisker stated that the building permit is a metes and
bounds request. He asked that any approval included the approval of
the Fire Marshall and himself.
Discussion ensued and it was pointed out that there is no curb on
McArthur Drive and the one-way drive would provide for a better flow
of traffic.
Commissioner Hardwick pointed out that the property is adjacent to
Oakwood Apartments in the rear and does not seem to present a
detriment.
Commissioner Wilborn moved, seconded by Commissioner Perry to approve
the building permit request for the expansion of the daycare facility
located at 1912 McArthur Drive. MOTION CARRIED.
REQUEST TO APPROVE PLAT:
a. FINAL PLAT Fair Oaks Subdivision Phase II
Mr. Bond related that the project began two years ago. He stated that
the street is paved but the Water and Sewer Departments have not sent
letters of acceptance yet so they are requesting approval contingent
on acceptance from both Departments.
Mr. Bond then related that the issue of sidewalks would only apply to
lot 48F adjacent to Main Street. It was noted the street name of Anna
Cove may need to be change due to duplication or similarity.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
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MAY 14, 2001
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7:00 P.M. – 8:57 P.M.
Mr. Jerry Smith related that the sidewalk for lot 48F would be
approximately 100 to 150 feet long. He pointed out that the sidewalk
would lead nowhere. He stated that in his opinion it is only an added
expense. He stated that going back toward Jacksonville on West Main
Street, there will never been any development because it is all below
the flood plain and in the flood way. He reiterated that there is no
purpose for the sidewalk. He related that City Engineer Whisker had
mentioned the Master Sidewalk Plan, saying that if Main Street is
widened later the sidewalk will be torn up and torn away making way
for new drainage. He stated that he would rather spend the money on a
drainage structure behind the subdivision.
Mr. Bond clarified that Mr. Smith was referring to a paved ditch, as
discussed with City Engineer Whisker, approximately the same length as
the sidewalk requirement. He related that Mr. Smith would rather spend
the money on drainage than a sidewalk that would be hard to determine
if it would ever serve any useful purpose. Mr. Bond then pointed out
that the ordinance does provide the Planning Commission with the
authority to waive the requirement for sidewalks.
City Engineer Whisker related that he understood that the ordinance
gave the Planning Commission the authority to grant variances. He
referred to Jacksonville Municipal Code page 155-2, reading, “where
conditions warrant the Jacksonville Planning Commission may grant
variances to the terms and conditions required by ordinance.” And it
goes on to say how the City Engineer considers variances in the
construction standards not the variances of the actual sidewalk, only
to the standards of construction.
In response to a question posed by Chairman Brannen, Mr. Bond related
that the subdivision is on West Main approximately 300 feet east of
Harris Road.
Commissioner Perry questioned the location of the proposed drainage
structure and Mr. Bond related that there is a proposed outlet
structure located at the culdesac.
City Engineer Whisker stated that he believed that both would be best
suited to Jacksonville. He pointed out that the sidewalk would lead to
Harris Road, which in turn leads to North Pulaski. He pointed out that
people would be walking to Harris Road and/or to Fair Oaks over to Amy
Lane and again to Harris Road and up Harris Road.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
===================================
MAY 14, 2001
============
7:00 P.M. – 8:57 P.M.
Commissioner Wilborn related that there are no sidewalks currently on
Harris Road.
Discussion ensued and City Engineer Whisker stated that Fair Oaks
Subdivision Phase I or Harris Road did not fall under the current
requirements for sidewalks. He reminded the Commission that Madden
Road was constructed before sidewalk requirements, but that he would
return in a couple of months with estimates regarding costs for a
sidewalk in that neighborhood.
In response to a question from Commissioner Young, City Engineer
Whisker related that he would request the sidewalk to be located to
the far inside area of the right-of-way so that any widening of West
Main would hopefully not interfere with the sidewalk. He stated that
the outside of the sidewalk would touch the forty-feet so that the
five-foot sidewalk would then encroach on the City right-of-way.
City Engineer Whisker stated that acceptance from the Water and Sewer
Departments and the question of sidewalks remain before being sent to
the City Council. It was noted that the Fire Department has signed off
on the plat.
Further discussion ensued and City Engineer Whisker related that he
believes the position of the City Council regarding sidewalks is that
pieces of sidewalks are better than none. He pointed out that the City
spent close to $100,000 constructing sidewalk-connections last year.
Commissioner Hardwick pointed out legality concerns regarding the
Americans with Disabilities Act and City Attorney Bamburg verified.
Commissioner Perry moved, seconded by Commissioner Hardwick to approve
the Final Plat of Fair Oaks Subdivision Phase II subject to acceptance
from the Water and Sewer Departments. MOTION CARRIED.
b. REPLAT Lots 142A & 143A Northlake Subdivision Phase III
Mr. Bond related that the property was originally platted in 1981 or
82. He related that originally there were two driveways, pointing out
that the lots both face the lake and the two driveways are 15-feet
wide. He stated that lot 143A had a driveway that ran in front of lot
142A, adding that a home was built on 143A and the driveway was
redirected. He stated that the owner of 142A did not feel it made much
sense for the owner of 143A to have a strip of land in front of his
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
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MAY 14, 2001
============
7:00 P.M. – 8:57 P.M.
house, between his house and the lake. He stated that the replat would
effectively do away with the land platted in front of lot 142A.
City Engineer Whisker related that the Fire Department has consented,
adding that as a replat it did not need to come before the Planning
Commission but due to the unusual circumstances it is being presented.
Commissioner Wilborn moved, seconded by Commissioner Hardwick to
approve the REPLAT as requested. MOTION CARRIED.
c. PRELIMINARY PLAT: Oak Ridge Ranch Subdivision
Mr. Bond related that the City Engineer had expressed some issues of
concern, one of which was sidewalks. He related that the other issue
is the access road from Maddox Road to the development. He stated that
they are requesting a rural type road of 20-foot asphalt with a 4-foot
gravel shoulder as opposed to curb and cutter. He pointed out that no
part of the proposed road is a part of Mr. Smith’s property. He
related that the request is in order to save money, adding that the
development has 55 lots and is very expensive. He related that the
developer is building his own pump station and extending an 8” water
line to the development and building a force main approximately 2
miles long to serve the development. He stated that it was felt that
this type of road would not jeopardize the development’s appearance.
He related that they would like to build the 20-foot asphalt road to
County standards, then landscape the entrance and construct a sign
identifying the development.
In response to a question posed by Commissioner Hardwick, Mr. Bond
stated that the property has not been annexed yet, adding that they
are investigating some ownership from out of state. He mentioned the
Church, saying that it would be to their advantage to join the
annexation regarding fire insurance rates.
City Engineer Whisker stated that if the property is annexed, the road
should be constructed to City standards. He related that City
ordinance would require sidewalks on Oak Ridge Drive and around the
circle, adding that it should go to Maddox Road if it is being
considered for acceptance into the City.
In response to a question from Commissioner Wilborn, Mr. Bond related
that the easement does not belong to Mr. Smith but is an easement for
a road that belongs to the adjoining property owners.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
===================================
MAY 14, 2001
============
7:00 P.M. – 8:57 P.M.
It was noted that the property owners actually own Maddox Road as an
easement road.
Mr. Smith stated that he hopes to develop a very exclusive
subdivision, pointing out that the lots are almost an acre as required
by a density factor regarding the Little Rock Air Base. He related
that if he had developed the 65 acres with 255 lots, it would have
been more costs effective to do the improvements mentioned by the City
Engineer. He stated that he currently has an investment of close to
$700,000 to develop the property. He related that the six hundred feet
of road between Maddox Road and the subdivision is in the County and
is not owned by him. He stated that it will probably never be in the
City because the adjacent owners do not want to be in the City. He
related that he intends to build curb and gutter within the
subdivision, adding consideration for drainage to make it a “Class A,
number one subdivision”. He stated that he has 55 lots on 65 acres
with at the most 14 lots on any street, adding that it is his
understanding that a culdesac up to 20 lots does not require
sidewalks. He questioned if a culdesac with 20 lots does not require
sidewalks, why does a street with 14 lots require sidewalks. He
pointed out that the frontage on the lots range from 150 up to 250 or
300 foot, adding that sidewalk costs per lot is an average of $2,000.
He stated that in his opinion given the area those residents would not
want a sidewalk. He stated that it will cost $35,000 to construct
sidewalks just in the inside area of the subdivision, adding that if
they are required up to Maddox Road it will cost close to $60,000. He
stated that curb and gutter of the street would cost an additional $12
to $15,000. He stated that if he is required to expend $75,000 to
80,000 plus an additional $40 to $50,000 requested by the Sewer
Commission it would not be feasible. He related that he would want the
City to make it a first class subdivision but added that you have to
step back and look at what the actual costs is and what the benefits
are. He stated that the subdivision will not expand more than 55 lots,
adding that the reason it was developed that way was because of the
density factor regarding the Little Rock Air Force Base.
In response to a question from Chairman Brannen, City Engineer Whisker
related that the City is not required to place sidewalks in the
subdivision.
In response to a question from Chairman Brannen, Mr. Bond stated that
he believes the flood plain only crosses lot 17 because lot 16 is not
designated as such.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
===================================
MAY 14, 2001
============
7:00 P.M. – 8:57 P.M.
Mr. Bond stated that the City’s previous subdivision regulations
concerning sidewalks had a provision for large lots, saying that any
lot that exceeded 100’ in width was not required to have a sidewalk.
He pointed out that the new ordinance does not speak to lot size
regarding sidewalks, adding that the actual wording states is
“culdesacs less than 20 lots.” He reiterated the expense regarding
lots that average 150 feet.
In response to a question from Commissioner Perry, Mr. Bond related
that lot 1 is to be dropped from the subdivision, adding that it is
Mr. Smith’s personal lot and will have access from Pridmore Lane. He
stated that one reason it was dropped was because of sidewalk
requirements with the lot being 400’ in width.
It was noted that front setbacks for the County is 25’, City Engineer
Whisker related that City setbacks are more stringent.
Commissioner Hardwick noted that past discussion has centered on the
subdivision only as it relates to being annexed into the City.
Questioning if approved, is it to be conditioned upon being a part of
the City or is the Planning Commission opting to exercise extra
territorial jurisdiction authority only.
Mr. Bond stated that the problem has been with a property owner coming
forward that is contiguous to the existing City limits, adding that he
believes the Church will.
Discussion ensued regarding the Planning Commission’s authority
whether the subdivision is annexed or not.
City Engineer Whisker stated that if the subdivision remained in the
County they would need to be contacted regarding the decision making
process.
Mr. Bond related that it would be advantageous for the subdivision to
be in the City regarding fire and police protection.
Other discussion ensued regarding attempts to include property owners
in the annexation.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
===================================
MAY 14, 2001
============
7:00 P.M. – 8:57 P.M.
Commissioner Hardwick moved, seconded by Commissioner Keaton to
approve as presented with requirements that it be brought into the
City of Jacksonville, with the requirement of sidewalks inside the
subdivision only, that the recommendation to the City Council is that
the City allow the developer build the road to meet County standards
and not require sidewalks from the subdivision to Maddox Road. MOTION
CARRIED.
Alderman Elliott clarified that if it is not addressed by the City
then it will have to go to the County regarding consideration for a
sidewalk waiver and the street as part of the County.
d. PRELIMINARY PLAT AND PLANS FOR THE WESTERN HILL SUBDIVISION
Mr. Bond related that the sketch development plan was submitted last
month, adding that most issues have been worked out except for
sidewalks. He stated that lots 13 and 14 are being reworked to be
larger with a private drive on the backside, adding that negotiation
with AP&L was mostly unsuccessful. He related that there are exactly
20 lots on every street.
City Engineer Whisker related that the code states “less than 20 lots”
for sidewalk requirements.
Mr. Bond stated that dropping a lot would not make any sense, adding
that the development would costs the same with the exception of
sidewalks. He stated that it would require sidewalks on all streets
with the exception of lots 12, 13 and 14.
City Engineer Whisker stated that those lots would require sidewalks
as well.
He related that there would be a shared drive between lots 13 and 14
with access for lot 12 from Western Hills.
City Engineer Whisker stated that there is additional work regarding
drainage issues for Western Hills Drive and the flow of water near
Cory Drive.
Mr. Bond stated that the water runs back to the east adjacent to Cory
Drive. He stated that it is presently a dirt drive and the City is
using the property to the south.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
===================================
MAY 14, 2001
============
7:00 P.M. – 8:57 P.M.
City Engineer Whisker stated that sidewalks have to meet ADA
requirements, which will require curb cuts for ramps. He mentioned
curb and gutter for the private drive.
Mr. Bond stated that City Engineer Whisker had stated concerns for the
private drive adjacent to Main Street regarding people pulling over
the sidewalk and blocking the sidewalks if there was not a barrier. He
related that he proposes that the sidewalks have 4 to 5 feet green
space between the sidewalk and the 20’ drive.
Discussion ensued as to the lots at the beginning of the culdesac
facing Western Hills would still require sidewalks for the entire
culdesac, City Engineer Whisker stated that Mr. Bond proposed the same
idea but he felt it would still require sidewalks because the lots
touch the culdesac per the Jacksonville Municipal Code.
Commissioner Young moved, seconded by Commissioner Wilborn to approve
the Preliminary Plat of the Western Hill Subdivision as submitted
meeting City standards regarding sidewalks. MOTION CARRIED.
e. PRELIMINARY & FINAL PLAT DAWKINS COMMERCIAL SUBDIVISION LOT 1F
Chairman Brannen noted that the item was business was removed from the
agenda by the petitioner.
GENERAL:
ADJOURNMENT:
Chairman Brannen without objection adjourned the meeting at
approximately 8:57 p.m.
Respectfully,
__________________________
Susan L. Davitt
Planning Commission Secretary
24

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