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00 SEP 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2000 7:00 P.M. - 7:35 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., Lester Piggee, Dean Wilborn, and John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT seven (7), ABSENT (0). Others present for the meeting were Patriot Reporter Peggy Koury, petitioners, and interested citizens. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Wilborn moved, seconded by Commissioner Piggee that the minutes of the 14 August 2000 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S) a. REZONING of property located at 411 Walnut Street Chairman Brannen opened the public hearing at approximately 7:03 p.m. Mr. Clement Roberts explained that he purchased two-acres on Walnut Street approximately 22-years ago and had previously operated a three room sewing business at the rear of his residence at 411 Walnut. He further explained that health issues prevented him from continuing that business so he converted the space into a furnished apartment to replace lost income from the discontinued sewing business. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:07 p.m. Chairman Brannen noted that the two-acre property consists of a trailer, duplex, and Mr. Roberts residence. Commissioner Corroum moved, seconded by Commissioner Lester to approve and recommend to the City Council the rezoning of 411 Walnut Street from R-1 to R-2. MOTION CARRIED. b. REZONING of property located 1308, 1310 & 1312 South Highway 161 from C-3 to C-4 Chairman Brannen opened the public hearing at approximately 7:09 p.m. Chairman Brannen noted that the property is currently commercial and the land use map depicts commercial development. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2000 7:00 P.M. - 7:35 P.M. Mr. Verlon Stevens stated that a light cabinet shop is currently in place and has conducted business since 1989, adding that he recently discovered that the C-3 zoning would not support that operation. He stated that he is requesting a proper zoning for the use of the property and building for the operation of a cabinet shop. He pointed out that there is a residence on either side of the commercial building. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:11 p.m. Commissioner Lester moved, seconded by Commissioner Piggee to approve and recommend to the City Council the rezoning of 1308, 1310, & 1312 south Highway 161 from C-3 to C-4. MOTION CARRIED. c. Conditional use of 1912 McArthur as a Daycare Facility Chairman Brannen opened the public hearing at approximately 7:12 p.m. Ms. Cara Walloch related that she purchased the property and daycare center which is operating under a conditional use granted to the previous owner, she explained that she would like to continue the same operation as a daycare at that location. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:12 p.m. Chairman Brannen explained that a conditional use is granted to an individual such as the property owner and is not transferable upon sale of the property. Commissioner Wilborn moved, seconded by Commissioner Lester to approve a conditional use permit at 1912 McArthur Drive to be utilized as a day care facility to Carco, Inc. MOTION CARRIED. d. Side yard setback Variance/624 Brookhaven Court Chairman Brannen opened the public hearing at approximately 7:15 p.m. and read from notes provided from the City Engineer stating that “the backyard access will continue to be available on the opposite side of the residence. The side fence runs from the front yard to the back of the property on the garage extension side. The proposed eighteen (18) foot garage, as measured on the ground, by the owner is approximately five (5) feet from the property line.” 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2000 7:00 P.M. - 7:35 P.M. Mr. Kenneth Garnsey, the property owner, related that there was a difference regarding calculation in footage from the drawing and actual ground approximation. He stated that he is proposing a garage 26-foot in length and 19-feet in width, which is by actual measurement 1.3 feet from the property line. He stated that he will still require a four-foot variance. Chairman Brannen questioned the City Engineer’s estimate of a five foot setback from the property line and Mr. Garnsey related that the original footage on paper was thought to be less than five feet from the property line but actual measurement revealed that it was greater than five foot from the property line. He related that he hired a surveyor who determined that the footage was not figured by original scale, adding that dimensions for the garage were changed from 20’ X 18’ to 26’ X 19’. He explained that he increased the measurements to accommodate a large truck he owns. In response to a question from Chairman Brannen, Mr. Garnsey stated that foundation work has not yet begun, explaining that he would add 9 feet of concrete to an existing carport drive for the foundation. Discussion ensued regarding overhang of the roofline. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:20 p.m. Commissioner Gray moved, seconded by Commissioner Wilborn to grant the variance subject that the roofline does not extend across the property line. Discussion ensued and Commissioner Hardwick requested written approval regarding neighbor consent. Commissioner Gray moved, seconded by Commissioner Wilborn to amend the motion to include written approval from adjacent property owners regarding close proximity of the proposed development. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: a. 3505 North First Street Chairman Brannen stated that as per City Engineer Whisker the property was originally zoned to be in the Toneyville Subdivision as lot 22 & 23, but was never developed. He pointed out that the driveway is proposed off Shane Drive, which according to paperwork, is a dedicated street that is an 3 unimproved, gravel street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2000 7:00 P.M. - 7:35 P.M. In response to a question from Commissioner Hardwick, Mr. E. Ray Smith stated that he owns an additional two-acres adjacent to the property proposed for a metes and bounds building permit. He stated that the property measures 556 feet from North First Street. He related that he is seeking a building permit for a portion of the property that fronts North First for his personal residence. Commissioner Hardwick questioned the development plans for the additional acreage. Commissioner Gray then questioned if the intent is to plot as a subdivision regarding consideration for the additional property. He pointed out that in the process of a metes and bounds building permit the property would actually be subdivided. Mr. Smith agreed. Commissioner Gray established that the eleven-foot gravel drive is the proposed entrance, saying that in addressing a metes and bounds building permit it must be determined if there is an effective subdivision. He related that a metes and bounds permit is appropriate when the land is transferred in that manner, such as a tract of land owned by one person for home development. He then stated that on other occasions involving tracts of five-acres or less it must be determined if the property needs to be platted as a subdivision. He pointed out that the property lends itself to a subdivision development requiring the Planning Commission to include fulfillment of a subdivision. He mentioned attributes regarding streets, curbs, and gutters for street improvement. He noted that the proposed development does not include the driveway. Mr. Smith stated that the driveway has been dedicated to the City as a forty to fifty foot street. Commissioner Gray questioned if the dedicated property is an access easement or a drive, noting a difference in the two. Discussion ensued and Mr. Smith stated that the City owns the drive. Commissioner Gray pointed out that the City should not be required to build a street for access to that acreage or the adjoining acreage. He then related that by the act of subdividing he is concerned that a potential liability for the City is created regarding street considerations. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2000 7:00 P.M. - 7:35 P.M. In response to a question from Commissioner Hardwick, Mr. Smith replied that he is proposing a small orchard and garden for the property adjacent to his residence. Commissioner Hardwick question if there is any reason not to include all the property in the metes and bounds building permit request to insure that there would not be other homes developed. He stated that there is concern that it would become a subdivision with street considerations to provide access to additional homes. Mr. Smith stated that in ten or fifteen years he could not say what may happen, adding that he would rather not include the additional property to the metes and bounds building permit request. He explained that he gave the property owners directly across the street a fifteen-foot easement for sewer in exchange she dedicated the street. He related that at that time he and the City Engineer discussed what would be required to get a building permit and he was told he could get a building permit. Commissioner Gray pointed out that if his objective is to obtain a building permit then it will not hinder that to include all the property in a one-lot plat. In addition, he stated that if Mr. Smith wanted to subdivide at some point in the future then he could do so. He related that for the time being it would serve the same purpose if the entire acreage is included in the building permit request. Mr. Smith questioned the impact regarding his taxes, saying that it is in acreage right now and that if it is put with the lot then he would have to pay all of it as a lot instead of part acreage. Commissioner Gray stated that tax issues would have to be addressed by the assessor, assuming the assessor is going to address this as one house and one lot, instead of one house on a lot and an extra tract with two tax bills it can be included all on one tax bill. He related that if later Mr. Smith decides to propose something different he can bring it back to the Planning Commission at that time to help work through it. Mr. Smith reiterated that this is not what he understood when he made a deal with the City Engineer and was told he could build. Commissioner Gray stated that he had visited with City Engineer 5 Whisker regarding concerns for inclusion of all the property, location of the proposed drive and the street improvements. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2000 7:00 P.M. - 7:35 P.M. He related that he did not believe the easement to be a dedicated street, because to the best of his knowledge the City does not accept dedicated streets unless the improvements are in place. He clarified that based on his experience the City does not make those improvements but will accept dedication for maintenance. Mr. Smith stated that he has a copy of the dedication paperwork, but did not bring it for the meeting. He related that the former City Engineer signed it and surveyed it out. Commissioner Gray stated that it would be difficult for him to vote for a metes and bounds building permit on land that is being subdivided without a true plat. He added that he is not opposed to the development but the subdivision. Commissioner Lester requested additional information from the City Engineer regarding impact to the City before voting. He stated that he does not feel that he is in a position to vote at this time without the City Engineer being present to explain or answer questions. Discussion ensued regarding the item being tabled until City Engineer Whisker can be present. Mr. Smith stated that he would like to start clearing the lot as soon as possible. Commissioner Wilborn moved, seconded by Commissioner Lester to table the request for a metes and bounds building permit regarding 3505 North First Street until the City Engineer can be present for input. MOTION CARRIED. Commissioner Hardwick suggested that Mr. Smith make available for the next meeting the drawing regarding the dedicated street to City Engineer Whisker. b. 212 Marion Street Chairman Brannen read from notes provided by City Engineer Whisker saying “the property at 212 Marion Street is currently a Lot Block designation. It is Lot 4 of the Taylor Subdivision. Lots 4 and 5 of the Taylor Subdivision were combined, and then sold off by Metes and Bounds. I think he should be granted a building permit by Metes and Bounds, knowing he is already a Lot Block Subdivision. The lot has water and sewer.” Commissioner Gray asked if Mr. McGee is subdividing this 6 property out of another tract or is this the entire tract. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 11, 2000 7:00 P.M. - 7:35 P.M. Mr. Nathan MaGee stated that this is his personal lot that he has owned for approximately fifteen years. He further replied that this is the entire tract consisting of 100 feet X 262.5 feet. Commissioner Gray moved, seconded by Commissioner Wilborn to approve a Metes and Bounds building permit for 212 Marion Street. MOTION CARRIED. REQUEST TO APPROVE PLATS: REQUEST/STREET OR ALLEY CLOSING: GENERAL: ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:35 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary 7