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00 AUG 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 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: Bill Corroum, Bobby Lester, Bart Gray Jr., and John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared his vote to constitute a quorum. PRESENT six (6), ABSENT (0). Others present for the meeting were City Engineer Whisker, Former City Engineer Jay Whisker, Patriot Reporter Peggy Koury, Leader Reporter Rick Kron, petitioners, and interested citizens. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Lester moved, seconded by Commissioner Corroum that the minutes of the 10 July 2000 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S) REZONING of property located at 1308 North First Street Chairman Brannen opened the public hearing at approximately 7:05 p.m. Representative Tommy Bond related that the property is located directly behind the Kroger Grocery Store on North First Street. He added that there is a mobile home park located at the rear of the property that is not part of the requested zoning change. He stated that the zoning map shows portions of the property zoned for C-1 and C-3, adding that the petitioner is requesting that the portion which fronts North First be rezoned from C-1 to C-3. He related that the petitioner could have requested a waiver for a retail sales business under a C-1 zoned area but thought that it might be better rezoned the property to C-3 along with the remainder of the property. In response to a question from Chairman Brannen, Mr. Bond related that there is a residence on the property next to Kroger, an unoccupied dilapidated house on one lot, which is proposed to be torn down. He related that the owner plans to sell the property as commercial and related that Mr. Maury Mitchell (present in the audience) is handling the sale. He stated that he has included a plan for a proposed auto parts store at the location if rezoned. Discussion ensued regarding consideration for a conditional use in a C-1 zone and Mr. Bond pointed out that a portion of the 1 property is already zoned C-3. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:10 p.m. It was noted that the rezoning would involve approximately 280 feet of frontage on North First Street beginning at Kroger and Mr. Bond noted that the property adjacent to First Electric is currently zoned C-1. Commissioner Gray moved, seconded by Commissioner Hardwick to recommend to the City Council the rezoning of 1308 North First Street. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. REPLAT Northlake Lots Adjacent to Lake Property Representative Mr. Tommy Bond related that the item was before the Planning Commission a month previously, and as requested he is now presenting a copy of the minutes from the property owners association meeting and a Bill of Assurance which insures structures built in Lake Tracts cannot exceed four (4) feet in height. He went on to say that the Bill of Assurance will not allow fences or structures built closer than seven (7) feet to the adjacent property line. He related that it has been changed from a replat to a Tract Plat. Discussion ensued and it was noted that the tracts are located in the flood plain and carry the “F” designation. City Attorney Bamburg requested that the Bill of Assurance address the property covenants regarding no split of ownership from adjacent Lake Tracts. Mr. Bond said it could be added to the Bill of Assurance and then related that one property owner with approximately ten (10) feet of Lake Frontage did not want the additional tract and it was decided that it would to be deeded to a neighbor. He related that the tract is numbered to identify property ownership with lot 149 instead of lot 150. Mr. Bond assured the Commission that the Bill of Assurance would address the issue of tying ownership of lake tracts to lot property regarding future sale of property and that lot 149 would retain ownership of the lake tract behind lot 150. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. Commissioner Hardwick moved, seconded by Commissioner Lester to accept the TRACT plat of Northlake Lots adjacent to Lake Tracts stipulating that the Bill of Assurance be amended to insure that “F” Lake Tracts transfer with lots they are associated to, noting the exception of lot 150. MOTION CARRIED. b. PRELIMINARY PLAT Gene Wilson Commercial Subdivision Representative Mr. Tommy Bond related that this is a plat of the two lots just rezoned at 1308 North First Street. He stated that the property has all improvements mentioning water, sewer, street, and street cuts. It was noted that the setback is fifty (50) feet for C-3. In response to a concern voiced by Commissioner Gray, Mr. Bond related that the 30-foot easement leading to the rear of the property is currently used by a mobile home park but is not planned to be a public street. He then stated that the owner of the auto parts store and Mr. Wilson will have an agreement regarding joint use of the easement area providing one driveway for the mobile home park and the auto parts store. He stated that the auto parts store would be located on lot 1. Discussion ensued and it was noted that the development for lot 1 would have a driveway onto North First Street. He then stated that a street cut already exists, mentioning the driveway to the residence. City Engineer Whisker related that the existing street cut at the north end of the property could serve as a shared access between the two commercial properties with access to the mobile home park and the residence. He then mentioned shared access points regarding median considerations. Commissioner Gray questioned if the lot next to the easement will be a dedicated entrance to the highway. Mr. Bond noted that they are showing one on the site plan. Commissioner Gray stated that preliminary plat presentation is the time for it to be addressed, adding consideration for a joint access especially if the easement is allowed as another turning point. He cautioned that there would be three turning points in too short a distance, adding that it might better serve future owners and development to have a joint entrance and another entrance for the auto parts store which is projected off 3 the easement. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. Mr. Bond agreed, saying that at this stage of planning it could be directed by the Commission. He noted that the existing drive is very close to the property line. City Engineer Whisker related that plans would also have to be presented to the Arkansas Highway Department because the entrance is located on a State highway. Commissioner Gray added that even if the Highway Department allowed the access it would be better direction from the Planning Commission to recommend a plat re-draw showing one common entrance for lots one and two shared. Mr. Bond responded that he did not think it would be a problem. Discussion ensued as to the location of entrances for the auto parts store and access for the mobile home park. Mr. Bond related that between Mr. Goodsell’s property and the Kroger store there would be three driveways, one being the existing alley, two being the one just discussed, and the third being for the mobile home park. He stated that all exist now adding that what is being said is that there would not be any new ones. Commissioner Gray agreed, saying that a C-3 type business operation might generate traffic which will create more turns and as such now is the time to address it in a safe and efficient manner. Mr. Bond said that he believed that the three existing turns should properly serve the commercial properties. He pointed out that there are two, and the old alley. He related that the alley is shown on the zoning map as Cleveland Street. Discussion regarding Stonewall Street ensued and City Engineer Whisker related that it was actually named Stonewall by the Highway Department when they built Hwy 161 because the entrance to the mobile home park is directly across the street from the north Stonewall entrance so it was just made a continuous street. City Engineer Whisker concluded that he is recommending that the properties use a shared entrance for the two properties. He related that flow through traffic is desired and can be achieved by using a shared entrance, instead of having four separate 4 entrances. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. Mr. Bond related that the final plat would be submitted along with a site plan before obtaining a building permit. Commissioner Gray moved, seconded by Commissioner Lester to accept the preliminary plat of Lots 1 and 2 of the G Wilson Subdivision with the relocation of the entrance to become a common entrance between lot one and lot two. MOTION CARRIED. c. PRELIMINARY & FINAL PLAT Lots 26, 27, & 28 Jordan Acres Subdivision Representative Duane Reel related that the plat consists of additional property acquired adjacent to property that was submitted as a preliminary plat of lots 1 through 25 of Jordan Acres Subdivision in November 1998. He stated that the developers acquired lot 28 from Lucille Pate and a piece of ground between their property and Military Road suitable to make two additional lots. He stated that the lots were continuously numbered and the developer is submitting a preliminary and final plat. He related that the lots are 60 x 175 foot and are not part of the original rezoning request, adding that the lots are still R-1, whereas the subdivision rezoning request was for R- 1A. It was noted that there is a house under construction on lot 28 and that the lots are not located in the flood zone. Commissioner Hardwick moved, seconded by Commissioner Gray to accept the Preliminary and Final plat of Lots 26, 27, & 28 Jordan Acres Subdivision as submitted. MOTION CARRIED. It was noted that a residence is located between lots 27 and 28 that is not part of the plat. ADDITION TO AGENDA: SITE PLAN Chapel Ridge Apartments (Military Road) Consensus of the Planning Commission was to hear the item of business. Representative Tommy Bond pointed out that the site plan was slightly amended, and now depicts a larger radius at the parking lot end along with the addition of a fire hydrant to the water plan. He related that the water line will be extended to the property line adjacent to the ditch for future 5 extension/connection by the Water Department. He stated that the developer does not own the 3.2 acres adjacent to his property. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. He stated that there could be a different plan for the adjacent property to the west. He related that City Engineer Whisker had requested that the 200-foot area from the box culvert location to the end of the existing concrete line ditch be paved. He stated that all issues regarding water, sewer, storm drainage, and Fire Department have been addressed. In response to a question from Chairman Brannen, Mr. Bond related that there was a zoning hearing regarding the property two months previously. Commissioner Gray noted that the property has had no zoning issues, adding that a conditional use was permitted to build under R-3 requirements. He related that it is to build under R- 3 requirements for multi-family housing in a commercial zone. Chairman Brannen questioned if the site plan is to be considered as a sketch plat. Mr. Bond stated that the site plan will be the final approval for a building permit. Chairman Brannen questioned front yard setbacks. Mr. Bond stated that he did not feel building setbacks would come into play, adding that the first building has a 62.87 feet setback from Military Road, which complies with this type of development. He said that a plat will be filed which will be for easement purposes regarding water and sewer, adding that all the sewer lines will be private. He related that the public sewer surrounds it on three sides so the lines that serve the buildings will be service lines that belong to the facility. He then stated that the City will not maintain those lines and that the only other public utility is the water line. He related that a right of access regarding maintenance will be given to the Water Department. He said that there will be a plat which records the street and easement for the waterline, pointing out similar situations regarding Pathfinders and the senior domicile, regarding submittal of a plat that records the easements for public access for the maintenance of water and sewer lines and any other utility that may need an easement recorded. He related that typically the plat is not recorded until the development is ready for occupancy at the end of the 6 project so that everyone is sure where the easements need to be placed. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. In response to a question from Chairman Brannen, Mr. Bond related that he believes the Fire Department has given final approval. City Engineer Whisker related that he had spoken with Captain Pope and that he wanted to go over the plans once more, but had checked off fire related issues. He said that he did not feel there was anything that could not be worked out before a building permit was issued. Commissioner Gray moved, seconded by Commissioner Lester to accept the plat as presented subject to signing off by the Fire Department. MOTION CARRIED. VOLUNTEER FOR BOARD OF ADJUSTMENT Commissioner Lester volunteered to fill the un-expired term of Ken Nabors serving as Planning Commissioner on the Board of Adjustment to expire 1/1/2001. REQUEST/STREET OR ALLEY CLOSING: GENERAL: RECOMMENDATION for Draft Ordinance/Manufactured Home Standards In response to a question from Commissioner Hardwick, City Attorney Bamburg stated, that a singlewide built after 1976 is referred to as a singlewide manufactured home. Discussion ensued regarding two or more sections and City Attorney Bamburg related that a mobile home built prior to 1974 is transportable in one section, and that the term manufactured should apply to one or more sections. Commissioner Hardwick asked for clarification regarding minimum square footage concerning length and width. City Attorney Bamburg related that minimum square footage applies to when erected on site. He added that he understood the regulations to mean nothing smaller than 320 square feet. It was then noted that the 320 square foot minimum does not relate to the 12’ or 40’ requirement. 7 Discussion continued regarding year model and transportable size and City Attorney Bamburg offered that that the wording be spelled out specifically regarding the date. He stated that a reference to the June 15, 1976 effective date of manufactured housing code in the beginning portion of the definition for a structure constructed transportable to clarify the issue. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. City Engineer Whisker stated that it sets better guidelines for what the City allows in those zones. City Attorney Bamburg offered that between the word “structure” and “transportable” the language “constructed after June 15, 1976 and in compliance with the Federal Manufactured Housing construction safety standards act, transportable in one or more sections which in traveling mode are 12 feet or more in width, 40 feet or more in length, or when erected on site has a minimum 320 interior square feet” be interjected. The Commission agreed to the new wording. Commissioner Gray questioned the difference regarding the requirement of a 96” fence and the 60” fence in section six, under location of an accessory building, JMC 18.36.140. City Attorney Bamburg related that he had assumed that there is a distinction based on fencing for animals versus a decorative fence. He added that the section was already a part of the Codebook. Commissioner Hardwick stated that his understanding is that a 60” fence is allowable from the back of the building to the front setback line and a 96” fence from the back of the building to the back setback. City Attorney Bamburg agreed, saying that it is the current requirement regarding the Code. Commissioner Hardwick further explained that a 96” fence is allowable from the back of your house on the side property lines but if you come from the back of the house up to the front setback line it can only be 60” tall. Mr. Bond offered that the 96” fence may be erected on any boundary of the “enside” lot, adding that he felt the Code to be addressing “end side” lot lines as opposed to “inside”. He then added that it was a typographical error, and that there is no such thing as an “enside” lot line. He said he thought is was 8 mean to address lot lines between lots as opposed to the outside which would be at the end of the subdivision or at a corner lot. Commissioner Gray agreed with Commissioner Hardwick that it means any line parallel to the back of the house, and that fencing constructed from the rear of the house forward had to be shorter. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. Mr. Bond added that it was a consideration regarding site distance for vehicles. City Attorney Bamburg reminded that these provisions are part of the zero lot line, one family district requirements and in the Codebook it does say “end”. Discussion ensued regarding clarification regarding zero lot line considerations and it was noted that the fence requirement is correct for a zero lot line zone. Commissioner Gray noted that back yard fences can be eight-foot while any front yard fence would be five-foot with no greater extension than the front building line. Mr. Bond said that it would not be a continuous fence it could only go from the back of the building to the rear and the same for the front of the building. Commissioner Lester moved, seconded by Commissioner Hardwick to recommend the draft ordinance as amended to the City Council. MOTION CARRIED. Discussion ensued regarding presentation to the City Council and City Engineer Whisker questioned the location of the new areas created. City Attorney Bamburg stated that part of the provisions in the Ordinance re-labels or corrects the land use map and the zoning maps. City Engineer Whisker questioned the labeling for a mobile home park that is currently not zoned as a mobile home park, but was grandfathered. City Attorney Bamburg said that if it is grandfathered it would be placed in the appropriate classification, adding that if it is not zoned for other reasons it would not be reclassified because no action had been taken. 9 City Engineer Whisker questioned if there is any modular home zones currently in the City, and City Attorney Bamburg stated that he was not aware of any. Discussion ensued regarding Jordan Acres and the classification of an R-1A zone. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 14, 2000 7:00 P.M. - 8:10 P.M. Commissioner Gray noted that under the draft ordinance a modular home can be placed in an R-1A. City Attorney Bamburg clarified that that the only provision addresses modular in an R-1A zone as a permitted conditional use. Commissioner Gray stated that a permitted conditional use would need Planning Commission approval. Discussion ensued regarding presentation time to the City Council and Commissioner Gray said that it might be in the best interest to review actual zone classifications on a map prior to sending it to the City Council. It was the general consensus that it would be presented to the Planning Commission again before going to the City Council for final approval. Commissioner Hardwick noted the task of redrafting the Master Plan to include the new zones because the map refers to the master plan. Commissioner Gray pointed out that the Master Plan probably needs redrafting anyway, but the Master Plan does not designate between residential areas. He stated that the draft ordinance is further classification of those residential areas; with the exception of the area City Engineer Whisker was referring to changing from a C-2 to the appropriate zone. ANNEXATION UPDATE: Discussion ensued regarding annexation considerations recommended to the City Council regarding the south and west area adjacent to the City Limits of Jacksonville. Commissioner Hardwick moved, seconded by Commissioner Corroum to re-recommend to the City Council to consider those two areas for annexations from the Planning Commission. MOTION CARRIED. ADJOURNMENT: 10 Chairman Brannen without objection adjourned the meeting at approximately 8:10 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary 11