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00 FEB 28.doc CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 28, 2000 7:00 P.M. - 8:15 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. Commissioners present: Ken Nabors, Bart Gray, Lester Piggee, Dean Wilborn, John Hardwick, Bobby Lester, and Chairman Brannen. Others present for the meeting were City Attorney Bamburg, City Clerk Susan Davitt, City Engineer Reel, and Patriot Reporter Peggy Koury. Discussion ensued as to the entire City of Jacksonville being designated as the “Overlay District” for affordable housing which included definitions for manufactured or modular housing with the Sunnyside Addition being the target area. Commissioner Hardwick questioned the approval of a one lot AHOD if the entire City is AHOD. He stated that he would like to see Jacksonville eliminate new mobile homes as defined on page 275 in the City of Jacksonville. He clarified the intent for 14’ wide mobile homes (single-section manufactured homes). City Engineer Reel concurred and stated an example of the deterioration of mobile home parks and problems with compliance. Commissioner Hardwick questioned if the City is subject to litigation regarding the current definition of modular homes and its zoning as R-4, when modular homes meets by definition City code for R-1. He noted that modular homes are not even allowable in an R-2 zoning. Discussion ensued and it was noted that modular homes are partially site-built homes, adding that other residential zones include by definition the terminology of “site-built”. It was noted that modular homes have a site-built foundation and meets all criterion of site-built homes. Commissioner Hardwick stated that he has concerns regarding recent action by the Planning Commission regarding the rezoning of property to R-4, which does not meet the criteria as a mobile home park because it does not have at least three acres and asked for clarification regarding a manufactured mobile home subdivision. He further stated that he believes the City of Jacksonville should eliminate the ability of someone to locate a new single-wide mobile CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 28, 2000 7:00 P.M. - 8:15 P.M. or manufactured home within the City. He suggested that the definition regarding modular homes be reconsidered. He questioned the need for specific zoning and definition regarding modular homes. City Attorney Bamburg offered that different zoning classifications could be created for mobile, manufactured, and modular homes that could define and limit their use or placement. City Engineer Reel related that modular homes need to be classified separately from mobile or manufactured. Commissioner Hardwick questioned the criteria for a manufactured subdivision. City Engineer Reel stated that manufactured subdivision would involve double-wide manufactured homes. Commissioner Gray noted that the terminology of subdivision deals with the land and when termed manufactured subdivision it is land for the use of and installation of manufactured homes. City Attorney Bamburg offered that the definitions for manufactured, modular, or mobile could designate the guidelines and restrictions regarding the land use map. Discussion ensued as to the recent rezoning and regulations for manufactured subdivisions as being that of a standard subdivision with setbacks, lot size, and sidewalks. Other discussion ensued regarding the R-4 zoning and possible future owners and control of the property. City Engineer Reel related that regulations might keep a mobile home subdivision from becoming a mobile home park in the future. He then stated that Lemac Drive was a natural dividing point between the R-4 zoning leading to R-3 and then the residential on the north. He stated that he was surprised that the rezoning passed. He questioned if mobile homes are allowed on the north side of Lemac Drive and where the barrier is from that to other residential properties. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 28, 2000 7:00 P.M. - 8:15 P.M. Commissioner Gray stated that the land use map does not distinguish the different residential zonings, adding that the purview of the Planning Commission is to decide what forms of residential are best in good planning. He pointed out that the recent request for a commercial area in a residential was denied because it did not fit the land use plan. Discussion ensued concerning the land use plan and the possibility of changing the zoning to accommodate modular, manufactured and mobile. It was then stated that classification for 14’ single-wide and 28’ double-wide would need to be clearly defined. City Engineer Reel related that the National Planning Association provided information regarding a lawsuit filed by the Mobile Home Association and the Manufactured Home Association because a city had restricted the use of their product within certain residential areas and the Judge ruled that the city could not restrict that. He related that they presented their case under the premise that their vehicles meet all Code requirements of the Federal Housing Administration, the National Mobile Home Association Construction, adding that however it does not mention the Southern Building Code but they do meet all the criteria established by their association. It was then ruled that they could place a mobile home in any area reserved for residential. City Attorney Bamburg explained the background of the case could have affected its outcome, adding that it could depend on the wording of an ordinance. He offered that it is not known exactly why the Judge ruled the way he did, however he felt there could be standing cases that support making the designation within a zoning classification because of differences and distinction of the properties. Commissioner Hardwick stated that he would like to see classification for modular housing comparable with R-2. He said that separation of modular from mobile is necessary so that when zoning requests are addressed by the Planning Commission and R-4 zoning is approved it can only be developed as presented. He stated that currently if it is rezoned R-4, you have lost control beyond that. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 28, 2000 7:00 P.M. - 8:15 P.M. Commissioner Lester noted that “mobile” is the term used to define construction of manufactured housing built prior to 1976. Commissioner Hardwick stated that he does not feel that a single-wide manufactured home is equivalent to a modular home. He then stated that he is not against newer single-wide if properly underpinned and in a designated area. Discussion ensued regarding conditional uses for double-wide manufactured and the terminology of subdivision regarding sale of property and a permanent foundation. Commissioner Gray suggested that the bill of assurance could regulate single-wide or double-wide manufactured homes with a mandate of a permanent foundation. He said that with consideration of deterioration regarding mobile home parks the definition could include those newer than fifteen years, which would be a self-regulating method in a park situation and still allows for mobile home parks in the City. He stated that mobile home parks can be considered a way of saving land or banking land for future higher uses. He stated that the new residential zoning/manufacturing subdivision should carry a permanent foundation zoning requirment. City Attorney Bamburg clarified that a mobile home park would not carry permanent foundation requirements. City Engineer stated that mobile homes in a mobile home park need to be underpinned or skirted. Commissioner Gray stated that a mobile home park under one ownership could be required to fence, protect, and screen the park. He then related that the mobile homes should be required to underpin and properly tie down regarding protection and safety factors. He stated that this could be a natural responsibility of the park owner under City Code. City Engineer Reel offered that manufactured housing (double-wide) would have a solid foundation in a subdivision (classify the land with intention). Commissioner Gray stated all other zoning classifications outside that of a mobile home park would be subdivisions with permanent foundations. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 28, 2000 7:00 P.M. - 8:15 P.M. In further discussion, Commissioner Gray mentioned if modular homes, however they are classified, are allowed as a permitted use in R-1 through R-3. Commissioner Hardwick stated that “modular” is a gray area subject to litigation, mentioning that it did not exist when manufactured housing was conceived. Commissioner Gray offered the term ‘multi-sectional” or provide a description that can eliminate the single-wide unit. Commissioner Hardwick stated that the current definition lends more to the foundation. Commissioner Lester pointed out that a modular home is constructed on a site-built foundation as opposed to the foundation used for mobile homes and even a double-wide on a “permanent” foundation could be moved. Commissioner Gray offered that his experience regarding a permanent Foundation is a solid perimeter wall foundation with VA or FHA requirement of a solid perimeter wall foundation which automatically requires under FHA/VA to remove the tongue and axles. He then related that there is a footing behind the permanent wall all of which makes it a site-built foundation. He clarified that the assumption is that it would be resting on and bolted to a solid wall foundation. Discussion ensued regarding the smaller lot size zoning requirements of R-1A and the zones that would allow a modular home or manufactured home. It was noted that the purpose of R-1A is a higher residential density and it was further noted that R-1 and R-2 have the same lot size requirements. Discussion ensued that all setbacks be lowered to twenty-five feet in residential areas and it was noted that most cities carry a twenty-five foot setback for most interior street. Developing trends were discussed regarding the once necessary thirty-five foot setback. City Engineer Reel related negative feedback regarding housing on Northeastern that was granted a twenty-five foot setback. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 28, 2000 7:00 P.M. - 8:15 P.M. It was noted that certain streets would need the thirty-five foot setback. City Attorney Bamburg related that the ordinance process would begin with definition changes relating to recommendations as made to separate and classify. Discussion ensued that the designation for mobile home parks would be R-6 and change R-4 to accommodate either modular or manufactured and/or both. Other discussion ensued regarding two-story manufactured housing and a modular home located in the Foxwood Subdivision. It was noted by City Engineer Reel that in many cases a modular home is better constructed than a site-built home. He related that in talking with the manufacturers of modular homes they offered the removal of sheet rock walls to accommodate code inspections. He said that construction of a modular home has 2’ by 4’ entry walls, 2’ by 6’ exterior walls, 2’ by 10’ floor joist, and 2’ by 8’ ceiling joist. He stated that price wise it is comparable to a stick-built home, adding that the only difference is the length of construction time. City Attorney Bamburg offered that he would prepare a rough draft of definition and the different zones/classifications for the next regularly scheduled Planning Commission meeting. It was again noted that the recent rezoning property of on Lemac Drive is not three acres and cannot be developed as a mobile home park. Discussion ensued regarding the mobile home subdivision on Pinion Lane. It was related that the land was subdivided and the lots were sold although some of the homes are not on permanent foundations. Commissioner Gray stated that a future requirement would be that they be placed on permanent foundation, noting that it is not a park but a subdivision. Commissioner Hardwick offered that if lots are assessed as real property it is not considered a mobile home park. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING FEBRUARY 28, 2000 7:00 P.M. - 8:15 P.M. Discussion ensued regarding the recent Planning seminar and Commissioner Hardwick offered that the territorial map be filed with the County because of litigation experienced by other cities after not filing. He further noted situations regarding proper subdivision requirements and current lawsuits filed by developers, explaining later requirements on developers regarding fencing as not previously laid out in subdivision requirements. He recommended requirements carry some leeway for the Planning Commission regarding aesthetics in subdivision developments. Commissioner Hardwick related that lot coverage was suggested in the seminar regarding commercial zoning. He questioned a subdivision requirement, adding that he feels it would be helpful to identify adjacent property. He suggested reviewing the land use map and the zoning map as a result of the new freeway. Chairman Gray mentioned the property near Foxwood owned by Jack Wilson, he then noted that while the land use plan depicts residential there is conflict if there were to be a request to develop as manufacturing. He then spoke in need of annexation, mentioning the Wooten Road area. City Engineer spoke of the need to annex the area between Pennpointe Subdivision and Bayou Meto (south of General Samuels). He related the need to present the annexation to the City Council. Discussion followed that the primary need for annexation is the southeast area of Jacksonville regarding the freeway and discussion ensued as to City service for the area and drainage problems. It was the general consensus of the Committee to continue work toward annexation of those areas. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 8:15 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary CITY CLERK-TREASURER