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01 JAN 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 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. ELECTION OF 2001 PLANNING COMMISSION AND BOARD OF ADJUSTMENT OFFICERS Commissioner Hardwick moved, seconded by Commissioner Perry to nominate Art Brannen as Planning Commission Chairman for the 2001 term. MOTION CARRIED. Commissioner Hardwick moved, seconded by Commissioner Wilborn to nominate Mark Perry as Planning Commission Vice-Chairman and Board of Adjustment Chairman for the 2001 term. MOTION CARRIED. Chairman Brannen accepted Commissioner Hardwick and Commissioner Lester as volunteers serving from the Planning Commission for 2001 Board of Adjustment appointments. ROLL CALL: Commissioners: Bill Corroum, Bobby Lester, Lester Piggee, Mark Perry, Dean Wilborn, and John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT six (6), ABSENT (0). Others present for the meeting were City Engineer Whisker and Patriot Reporter Peggy Koury. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Piggee moved, seconded by Commissioner Lester that the minutes of the 11 December 2000 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of 800 North James Lot 3 from R-1 to C-2 and Lot 4 from R-1 to C-1, Edgewood Subdivision Chairman Brannen recused himself from the proceedings, stating that he is a resident of the Edgewood Subdivision neighborhood. Vice-Chairman Perry opened the public hearing at approximately 7:03 p.m. Petitioner Lloyd Friedman related that the property consists of three lots, pointing out that lot 2 is zoned C-2. He stated that the property is located on James Street which is four-lanes and Hwy 67 North, adding that he feels the best use of the property would be commercial. He stated that the rezoning of C- 1 for lot 4 is requested to protect the subdivision integrity. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 P.M. He said that the proposed brick building would be an asset to the area and related that due to property size it would be difficult to develop anything larger than multi-offices or multi-small business. Discussion ensued regarding the request for a C-2 rezoning for lot 3 and Mr. Friedman responded that C-2 was requested because the adjacent lot 2 is already zoned C-2. A member of the audience requested to review a copy of the plat, Mr. Friedman explained the zoning request for each lot. Mrs. Ward stated that it was her understanding in talking with City Engineer Whisker that the zoning of C-2 allows a multitude of businesses. She then questioned the rezoning to C-2 if the property were sold and redeveloped. Vice-Chairman Perry invited opposition to speak. Mr. Art Brannen of 605 North Hospital Drive related that the original Bill of Assurance was supposed to be renewed January 2000, adding that it automatically renewed itself for 10-years and would require 51% of homeowner’s signatures in the area to rezone the property. Mr. Lloyd Friedman stated that disputes have surrounded the property for approximately 35-years, adding that he does not believe anyone would challenge that the best use of the property is commercial given that it boarders a four-lane street and the Highway. He related that he had discovered information dated as far back as 1969, stating that Metroplan had recommended to the City that property on the freeway should be zoned commercial. He then related that during the time Mr. T.P. White was on the Planning Commission, the property was recommended as commercial. He pointed out the recent construction of a kidney dialysis office that abuts the subdivision. Discussion ensued regarding allowable uses for a C-1 zoning. Mr. Friedman then stated that to assure there would not be a nightclub developed on the property he could still utilized the property under a C-1 zoning. He formally changed his request for C-2 regarding lot 3 to C-1, adding that it would assure the development of only 9 to 5 type businesses. Mr. Friedman recited the C-1 permitted uses of churches and accessory buildings, schools public private and nursery, community facilities, public buildings, public utility offices 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 P.M. and rights-of-way, professional and general offices, hospitals and clinics, funeral homes, financial institutions, beauty and barber shops, laundry pick up stations, coin operated laundries and pharmacies and day care facilities. He then stated that a zoning of C-1 would insure there would not be a service station or convenience store developed on the property. Alderman Howard questioned if the intent was to face the building toward the access road. Mr. Friedman responded that it would be located on the corner with some portion on James Street. Alderman Howard then questioned if there was to be another drive coming in from the access road. Mr. Friedman related that the drive from the access road would be for egress only. He then stated that he did not think it would be in the best interest of the subdivision to have a drive off Hospital Street. Alderman Howard then mentioned concerns regarding heavy afternoon traffic in the area. Mrs. Joyce Ward of 708 North James Street, stated that her garage faces the property in question, adding that she did not feel aesthetics regarding a building across the street would be beneficial to the area or beneficial to homeowner property values. She then stated that personally she does not want to look from her garage door and see a dumpster or a back door. She related that her realtor had told her that the contractor who developed the houses on hospital drive would eventually develop the vacant lots to be residential. She stated that she strongly recommends this business not be allowed, adding that she does not agree that because it is beside Hwy 67 that it needs to be a business there. She stated that there are no other businesses down James Street to Main Street all the way down, adding that it would be the only business within a 2 or 3 block area. She said that she believes it is unfair to take away the residential property value of that area. Mr. Friedman stated that he can understand Mrs. Ward’s concern, but added that probably in the next 10-years if everything on James Street goes commercial, Mrs. Ward would be glad to sell her property as commercial for an office. He then related that in 1969, Metroplan incorporated all zonings in the City including the lots in questions, and the zoning is commercial. He related that through proper hearings and study involved with the Planning Commission, Metroplan made recommendations that lead to the zoning map embodied in Ordinance 213. He related 3 that this is when the City of Jacksonville started its zoning map. He related CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 P.M. that the section along the freeway at that time was zoned C-3, but it was agreed to zone it C-2, he related that further Mr. T.P. White stated the intent at that time regarding coordination of the zoning map was to zone the lots with Edgewood Realty business as C-2. He related that lot 1 was taken by the Highway Department, which is why it is not platted. He related that these events were so long ago the streets were not yet paved. He stated that he does not believe Mrs. Ward would be upset when the proposed construction and landscaping is completed. Mr. Brannen offered evidence of a letter from Mr. Ben Rice which states that the court has established the original Bill of Assurance as still being in effect and that the Bill of Assurance prohibits commercial building on any of the lots although duplexes may be allowed. Mr. Friedman pointed out a similar new commercial building located on Madden that abuts a subdivision, adding that almost every subdivision has commercial abutting it somewhere. He then related that if it is developed properly it becomes an asset to the area. He related the property would be used for professional offices. With no one else to speak in favor or in opposition, Vice- Chairman Perry closed the public hearing at approximately 7:20 p.m. In response to a question from Commissioner Piggee regarding sentiment of other neighbors, Mrs. Ward said that she was unaware and that she had not consulted with anyone else. She stated that she would have thought the person living next to lot 4 would have attended the meeting. Commissioner Piggee requested clarification regarding the City’s position with the Bill of Assurance. City Attorney Bamburg stated that there was a court ruling in 1982, which to his understanding has not been appealed. He related that the ruling remains in effect and specifically addressed that the only commercial area, or commercially zoned property in that area would be lot 2, which is the existing white building. He went on to clarify that the ruling was issued by Judge Rogers as a result during that time by property owners collectively filing suit against a businessman who was attempting to place an insurance office there. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 P.M. Commissioner Hardwick questioned if it is the Planning Commission’s jurisdiction to interpret a Bill of Assurance, adding that the Planning Commission does not usually look at a Bill of Assurance when considering land use amendments and rezonings. City Attorney Bamburg stated that the Bill of Assurance is a factor that the Planning Commission would want to look at, however, it is not the place of the Planning Commission to file suits. He related that lawsuits are filed by private property owners against private owners. City Engineer Whisker stated that the land use map depicts the whole area as commercial, but added that he believes that came about in the early 80’s before the court’s decision was issued. Commissioner Hardwick stated that he believes the land use map shows all of James Street as commercial. He expressed indecisiveness, pointing out that he believes the Planning Commission does need to recognize that part of its job is to encourage development in the City and that there has not been any residential development regarding the property in question. He stated that while that may not be an issue, he does feel it should be noted that the property is not going to be developed as R-1 or it would have occurred with the prior development of Hospital Drive. Commissioner Corroum concurred, adding that it would seem there could be a way to compromise. He related that he can understand Mrs. Ward’s opinion regarding her view from across the street, but offered that the property could be screened with shrubbery from the residential. He then stated that perhaps a C-1 type establishment could be proposed, however, he also pointed out that he would not particularly care for the view regarding the development on Madden Road if he were the first resident on the east side. He related that the Madden Road development did not provide a very good job of screening from the residential area, adding that the screening would be an important factor to consider regarding this issue. Commissioner Wilborn pointed out that even with approval regarding the rezoning, the developer would still have to return before the Planning Commission with his plans for construction. At that time other factors such as sidewalks could be considered. 5 Vice-Chairman Perry agreed, stating that would be the time all other details could be worked out for greenery and buffers. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 P.M. Commissioner Hardwick moved, seconded by Commissioner Wilborn to approve the request to rezone lots 3 and 4 from R-1 to C-1. Commissioners Corroum, Lester, Wilborn, Hardwick voted AYE. Commissioner Piggee voted NAY. b. REZONING of property located at Ellis and Redmond Road from R-4 to C-2. Chairman Brannen opened the public hearing at approximately 7:31 p.m. Mr. Lloyd Friedman related that the tract of land is located on Redmond Road, Ellis and abuts the Railroad tract. He stated that presently the property is zoned R-4 and has a 1960 vintage mobile home located there which he believes to be an eye sore. He related that it is surrounded by junk cars, adding that he would like to clean-up the property and put in a warehouse and some mini-warehouses that would serve as a buffer between the railroad tracks and the few residents located there. With no to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:33 p.m. Commissioner Hardwick pointed out that the property is depicted as residential on the land use map and that it is his understanding that the land use map would need to be amended before the Planning Commission can consider the rezoning request. City Attorney Bamburg clarified that if the Planning Commission approves the rezoning, recommendation to City Council would include amendment of the land use map to allow for rezoning as requested. City Engineer Whisker stated that he believes everyone is familiar with the area located by the railroad tracks, adding that the tracks serve as the line between commercial and residential. He related that the proposed commercial would abut the tracks on the residential side and that the petitioner has requested a C-2 type business to be located on the property corner. Mr. Friedman stated that his main objective is to construct a warehouse for personal use, adding that the narrow portion at 6 the back of the property is where he would like to have mini- warehouses. He stated that if granted a C-2 zoning he would return to the Planning Commission to request a conditional use for mini-warehouses later. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 P.M. Commissioner Lester moved, seconded by Commissioner Wilborn to recommend to the City Council amendment of the land use map to allow the rezoning from R-4 to C-2. Commissioner Hardwick cautioned changing the land use map, saying that it is suppose to stand the test of time. He pointed out that property can be rezoned within different uses, mentioning the fix barrier of the railroad tracks between a residential area and a commercial area. Commissioner Corroum concurred, but added that it is hard to visualize residents being comfortable that close to a railroad track and that the warehouse could offer screening. Commissioner Wilborn stated that he believes the proposed development would look better than what the property offers now. Commissioner Lester concurred. At this time, MOTION CARRIED with Commissioner Hardwick voting NAY. c. Proposed rezoning by the City of Jacksonville Chairman Brannen opened the public hearing at approximately 7:39 p.m. City Engineer Whisker offered the following rezonings: Stagecoach Subdivision from R-4 to R-1 2013 & 2021 Linda Lane from R-1 to R-4 Coffelt Rd. (on right before Oakley Estates R-3 to C-3 Oakley Estates from R-0 to R-4 Foxwood Drive from R-4 to R-1 Foxdell Circle from R-3 to R-1 Pinecone Trailer Park (area off Hwy. 161 before Carver Lane) From C-3 to R-4 Trickey Hill Subdivision (Anna Lane) from R-4 to R-1 Gina Circle from R-4 to R-1 Area around City Hall (Odes to Freeway) from M-2 to C-2 City Engineer Whisker related that the map reflects corrections regarding rezoning uses and the new classification changes, he pointed out that R-4 zoning will now represent zero lot line and R-5 will be modular homes, R-6 manufactured home subdivision and 7 R-7 is reserved for a manufactured home park. He related that the updated map will be included as a part of the Ordinance previously recommended to the City Council. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 P.M. Mr. Dale Wilson of 112 Hampton Cove stated that his mother owned the property at 2021 Linda Lane, which consists of 1 ¾ acres, but it is one lot. He related that his parents purchased the property in 1955, and have maintained a permanent residence since 1961. He stated that it was his understanding that the action proposed if approved will divide his parent’s property into four separate lots. It was clarified the rezoning does not re-designate four lots but provides the zoning classification regarding current use of the property. City Engineer Whisker stated that it allows the existing mobile home to be replaced with a new one if desired regarding replacement or a fire. Mr. Harold Crook of 1214 Military Road stated that he owns the property at 1818 South Hwy 161 and he is in favor of the rezoning to R-4 for the mobile home park currently located at that address. Chairman Brannen closed the public hearing at approximately 7:45 p.m. Commissioner Hardwick moved, seconded by Commissioner Piggee to recommend to the City Council the zoning map and changes regarding zoning classifications. MOTION CARRIED. The Commission commended City Engineer Whisker and his staff regarding the revised zoning classification and the corresponding map. DEVIATION IN AGENDA: GENE WILSON COMMERCIAL SUBDIVISION Commissioner Piggee moved, seconded by Commissioner Wilborn to suspend the rules and place a revised drawing regarding access of the Gene Wilson Commercial Subdivision on the agenda. MOTION CARRIED. Mr. Bond related that the Final Plat of the Gene Wilson Commercial Subdivision was approved in December and was contingent upon a shared access for Lots 1 and 2 regarding North First Street. He stated that Advanced Auto Parts did not agree to the concept of a shared access to parking areas, saying that 8 a shared parking lot had not worked for them in the past. He presented the Commission with photographs and a revised drawing regarding the three existing curb cuts presently serving the property. He related that Mr. Wilson is requesting that the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 8, 2001 7:00 P.M. - 8:05 P.M. exiting drives be allowed to serve the property with no additional drive regarding any further development of the remaining lots. Discussion ensued regarding traffic concerns and it was noted that the existing drives do not seem to impact traffic on North First Street. Commissioner Hardwick moved, seconded by Commissioner Piggee to accept the revised drawing regarding existing curb cut locations and amend the Bill of Assurance regarding the shared access previously requested for lot 1. MOTION CARRIED. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 8:05 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary 9