Loading...
03 DEC 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Bobby Lester, Lester Piggee, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. Commissioner Mark Perry arrived at approximately 7:05 p.m. PRESENT SIX (6), ABSENT (2). Others present for the meeting were City Engineer Whisker, Aldermen Marshall Smith, Bob Stroud and Larry Wilson, Chamber of Commerce Director Bonita Rownd, Mr. B.J. Boroughs, Mr. Brian Boroughs, Mr. Aaron Robinson, Mr. Jim Durham, Mr. John Harris, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Piggee moved, seconded by Commissioner Stroud that the minutes of the 10 November 2003 Regular Planning Commission meeting be APPROVED as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. SKETCH PLAT for the Hayley Heights Addition PH II Chairman Brannen delayed the item of business pending the arrival of Plat Representative Mr. James Butler. b. PRELIMINARY PLAT for the Clover Ridge North Subdivision Bond Engineering Representative Mr. Aaron Robinson presented the Plat stating that he did not believe there to be any outstanding issues. City Engineer Whisker related that the Wastewater and Water Department would be reviewing the Plat at their next Commission meetings, adding that he did not foresee any problems. City Attorney Bamburg clarified that the Wastewater Department approved the Plat at their previous meeting. City Engineer Whisker noted that lots 21, 22 and 19 are less than the required lot width of 70’ ranging from 65’ to 69.54’. He related the required lot size to be 70’ X 120’ approximately 8400 square feet, adding that because the lots are deeper they measure approximately 8700 square feet. He stated that lots 17 and 18 were just shy of the depth requirement by a tenth of a foot. He related that Mr. Bond had agreed to expand the curb and gutter to a 2’ instead of the 18” shown. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. City Engineer Whisker related that the varied lot sizes is relevant to item b under General discussion regarding front yard setbacks for corner lots and culdesacs. He noted that currently corner lots are required to have a front yard setback of 35’ and a side yard setback of 15’. He then noted that corner lots have two sides of street frontage, adding that some time ago in the past corner lots had been developed with 35’ setbacks for both sides of the street frontage. He added that he was not sure if it was a Planning Commission requirement or a preference by some developers. He noted that a 15’ side yard setback tends to offset the lots and the homes. He demonstrated the footage difference regarding the staggering affect on the present plat. In response to a question posed by Commissioner Montgomery, City Engineer Whisker noted that a side yard setback has 15’ plus 11.5’ from the centerline of the street to the curb for approximately 25’, adding that a car should be able to back out of the drive without visibility concerns. He stated that the staggered affect can somewhat hide a house as far as being able to see from a blind spot out of a driveway, adding that it should not be problem if it does not pass the 15’ line. He did note that a dual 35’ setback would cost the developer lot size. He then noted on the present plat that if a 35’ side yard setback were required on lots 30 and 23, then lots 24 and 29 would have to be refigured to one lot. He also noted that the sketch plat was approved 15 years ago in 1988 and that the streets and utilities are partly in. Mr. Robinson clarified that the utilities are in, adding that the streets for Red Baron Lane and Emily Drive would have to be constructed. In response to a question posed by Chairman Brannen, Mr. Robinson stated that the street construction would begin with approval of the Preliminary Plat. In response to a question posed by Commissioner Dollar, City Engineer Whisker related that the sidewalks would be on Cloverdale, Homer Adkins, Valentine, Red Baron and Emily. Discussion ensued regarding views and fence construction for lots 28 and 35 and that lots might be lost if the setbacks were reconfigured to 35’. Questioning if there are plans to extend the subdivision further in the direction of lots 17 and 18, Mr. Robinson stated that currently there are no plans to extend the subdivision further. In response to a question posed by Commissioner Stroud, Mr. Robinson stated that if a 35’ setback were required on corner lots the developer would loose approximately five to six lots and approximately one additional lot if the 70’ width requirement is requested. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. Commissioner Stroud acknowledged the loss of lots if the subdivision is reconfigured to 35’ regarding corner lot side yards, but added that it must be balanced by the appearance and the perception of a lack of planning on the Commission’s behalf to allow staggered lots. He added that in speaking with Mr. T.P. White he learned that this has always been a problem and that 35’ setbacks for corner lots had been toyed with back then but with no resolution. He stated that regarding aesthetics, the Planning Commission needs to consider changing the required corner lot setbacks. Mr. Robinson pointed out that when the plat was originally approved setbacks were 25’ and have since changed to 35’. Discussion ensued regarding the plat being originally approved with 25’ setbacks and City Engineer Whisker offered to research the information. In response to a question posed by Chairman Brannen, Mr. Robinson stated that if the side yards were changed to a 25’ foot setback the developer would still loose lots. City Engineer Whisker stated that the corner lots would require 10’ smaller houses and that what would probably happen is that the builders would go before the Board of Adjustment to seek a variance to build over the setback line. He stated that it might be possible to have a 25’ corner lot side yard setback but pointed out that the sketch plat was approved 15 years ago. He added that he is offering the Commission a consideration for future planning. Commissioner Stroud stated that reverse corners and inside corners has been an ongoing problem regarding overall subdivision appearance, adding that the he felt that if corner lots were squared up at 35’ setbacks for both sides of street frontage it would solve future problems. He noted that corner lots would have to be larger, but that it would offer consistency for interior lots. He stated that he would like to see consistency for corner lot sizes. Mr. Brian Boroughs stated that they are asking for continuation of a subdivision that has already begun, adding that the utilities are in place, pointing out that the sewer has already been stubbed. He added that he could understand the Commission’s desire to have a 35’ setback on both sides of the lot with a future planned development. He stated that it would be possible in a feasibility study to take care of that issue. He stated that it would not be feasible regarding this subdivision if they were to loose five to seven lots because the number of lots for sell is based on development costs. Commissioner Stroud empathized, adding that as a Commissioner he has to also be concerned with the overall aesthetics of a subdivision. He voiced his concerned regarding the appearance of lots 36 and 30 if developed as presented. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. Mr. Boroughs pointed out that the homes would be 1,000 to 1,100 square foot minimums, adding that the original bill of assurance from the original design would still apply. He then answered Chairman Brannen’s earlier question, saying that while he has not performed any scaling to find out how the homes could be placed on corner lots with a 25’ side yard setback, it is conceivable that they might be able to accommodate a 25’ setback on side corner lots. Chairman Brannen informed the Commission that in order to change the required 15’ side yard corner lot setback, the Commission would have to forward a request in Ordinance form to the City Council and have it approved before the Planning Commission could enforce it. He asked that the Commission vote on the present plat, and then consider Ordinance revisions. City Engineer Whisker restated his only concerns were lots 20 and 21 which has a 65’ lot width instead of 70’ and lots 17 and 18 which are .5’ shy of the 120’ depth requirement. Commissioner Piggee questioned City Engineer Whisker, if the lot difference presented a problem for the City. City Engineer Whisker related that he did not feel that .5’ on the grand scheme of things was a problem, but wanted to point out the Code requirements and the deficiency of lot size. In response to a question posed by Chairman Brannen, discussion ensued and it was determined that none of the lots were located in the flood zone. City Engineer Whisker related that any lots in the flood zone would carry the F designation. Commissioner Piggee moved, seconded by Commissioner Dollar to approve the Preliminary Plat of the Clover Ridge North Subdivision in South Jacksonville pending acceptance from the Water Department, approval for streets and applicable variances. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: a. DISCUSSION Comprehensive Development Plan City Engineer Whisker stated that Commissioner Young had planned to share information regarding the Comprehensive Development Plan but was unable to attend the meeting due to illness. He then asked other Commissioners to forward any further input to his office. Consensus was that the Comprehensive Development Plan would be forwarded to the next regularly scheduled Planning Commission meeting. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. b. DISCUSSION Corner Front Yard Setbacks Chairman Brannen remarked that the corner front yard setbacks had been discussed during earlier plat presentation. c. DISCUSSION Promulgating rules & regulation regarding crematoriums Chairman Brannen recognized Mr. John Harris of Moore’s Jacksonville Funeral Home. Mr. Harris stated that the community has reached the need for a crematory due to the increase number of families who request that type of service. He stated currently the Funeral Home is having to take the families who choose cremation to Green Briar. He related that they would prefer to service their families locally as opposed to outsourcing to Green Briar. He stated that he understands that there is not an ordinance that allows for crematories in the various zones. He added that if an ordinance is accepted the Funeral Home would like to request approval to operate a crematory. City Engineer Whisker noted that a draft ordinance has been presented for the Commission’s consideration. He noted that the draft ordinance recommends that a crematory be a conditional use in C-2 and a permitted use in C-3, C-4, M-1 and M-2. He related that in speaking with Little Rock he learned that they classify crematoriums in their two highest commercial areas as conditional uses. He added that since the request would be for a crematory in a commercial area next to a residential area, his recommendation would be to have all crematoriums be conditional uses in commercial zones, so that each can be heard on a case by case basis through the public hearing process. He added that industrial zone property should be a normal permitted use. In response to a question posed by Chairman Brannen, Mr. Harris stated that the crematorium would be located in the center of the cemetery in a 38’ X 40’ existing building. He noted that the area is not within 800’ of a church or school and that it is 700’ from the nearest residential area. He stated that the crematory in the existing building would be virtually unnoticeable. He added that he has visited some of the other crematories in Arkansas, explaining that there are sixteen crematories in the State and that the closest one is Green Briar. He noted that there is one in Little Rock that does approximately 3,000 cremations annually; and that the next closest one is in Batesville. He stated that the existing building is located in the center of the 20-acre cemetery behind the Funeral Home. In response to a question posed by Chairman Brannen, City Engineer Whisker responded that the property the Funeral Home is located on is zoned C-1 and the cemetery is zoned C-2. In response to a question posed by Commissioner Perry, Mr. Harris stated that he anticipates approximately fifty cremations annually. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. He then stated that they also own two other funeral homes that have approximately twenty cremations annually, adding that those cremations would be performed at the requested location. He stated that there is statistical data that provides that cremation is on the rise as of 2001, pointing out that the cremation rate in Arkansas is 15%. He noted that it is projected to rise in 2010 to 27%, with the levels doubling in seven years so that by the year 2025 it is expected to be approximately 37%; meaning that four out of ten people in the next 20 years will prefer cremation as their choice of disposition. He stated that funeral homes would prefer traditional services rather than cremation because of casket sales, but public perception and cremation is becoming a higher demand, adding that they are trying to meet those demands. In response to a question posed by Commissioner Stroud, Mr. Harris replied that the Funeral Home would serve its customers first but would accept cremations from other companies if there is an availability. Mr. Harris then answered that cremations would be performed during typical normal business hours, excluding weekends. He then related that the average length of time to cremate a body is approximately two hours for the particular unit they had researched. Chairman Brannen explained that the action before the Commission would be to consider recommendation to the City Council regarding an ordinance to include zoning classifications for a crematorium. Commissioner Lester moved, seconded by Commissioner Montgomery to forward an Ordinance to the City Council recommending commercial and manufacturing zoning classifications regarding the operation of crematoriums. MOTION CARRIED. d. DISCUSSION Sign Ordinance Alderman Smith related that the Sign Ordinance Committee was formed approximately seven months ago as a sub-committee of the City Council. He related that the general feeling was that there was a need to look at signage throughout the City. He related that he served as Chairman on the Committee along with other Aldermen, Planning Commissioners, and business people including Chamber of Commerce Director Bonita Rownd. He related the Committee’s mission to study maintenance, conformity and placement issues regarding the existing sign ordinance. He noted that the draft sign ordinance being submitted for review was several months in the works and it is hoped that the ordinance can be adopted by the City Council sometime in February. He stated that he is asking the Planning Commission to consider setting a public hearing for January. He noted that Section 18.76.010, Definitions has been expanded. He then noted that directional signs are to be no larger than 6 square feet. He then mentioned new information regarding free- standing signs and Section 18.76.020, General Provisions which 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. addresses nuisance, obstruction, construction, maintenance, and permits. He related that no more than one organization for special events would be issued a permit for the same time period. He stated that the Committee extensively researched signs, abandoned signs, and banners. He stated that only two banners would be allowed per business location, adding that changeable copy signs (formally known as portable signs) were discussed. He related that portable signs were previously accepted if they were anchored in the ground but with the new ordinance, they must be framed with either concrete, or brick to make it look attractive. He related that the Committee discussed directional signs, saying that there can be a maximum of two off-site directional signs per business and that sizes and length of time were discussed. He noted that a church can advertise no more than two special events per calendar year and that signage code regarding square footage minimums for commercial and residential has been updated. He noted that any commercial corner lot would be allowed one conforming freestanding sign for each street frontage occupied and that fines regarding non-compliance were raised. He stated that several areas have been addressed that were not previously addressed in the old ordinance or amended to bring the current signage up to date. He then noted that pennants and festoons were prohibited except on a federal highway. Commissioner Stroud noted that no more than two banners per business could be utilized but businesses along Highway 161 could employ the use of balloons and festoons at their own discretion. Discussion ensued and it was clarified that any business located on a federal highway were not limited in the use of pennants, balloons and festoons and that businesses not located on a federal highway were permitted four times a year for seven days per event. Commissioner Stroud expressed concern regarding the view from interstate 67/167 if all business along the stretch were using a variety of balloons, pennants and festoons. In response to a question posed by Commissioner Stroud, Alderman Smith related that the article was written as such to offer the same advertising advantage that other cities offer businesses located along the same federal highway especially competition regarding car lots. Commissioner Stroud questioned if car lots not located along the federal highway were being slighted from the same opportunity to advertise. Alderman Smith stated that the public hearing would be a good forum to discuss changes, noting that the ordinance forwarded from Committee is only a draft for review. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. In response to a question posed by Commissioner Stroud, City Engineer Whisker clarified that a billboard with two faces is allowed two advertisements per face providing for no more than four advertisements per billboard. Commissioner Montgomery moved, seconded by Commissioner Dollar to set th a Sign Ordinance public hearing for January 12 2004 at 7:00 p.m. Mr. Jim Durham read from the proposed ordinance that “no advertising device or sign shall be affixed or constructed directly, installed or maintained until permit to do so has been obtained from the City Engineer’s Office”, he questioned if existing businesses would have to apply for a permit for each of their signs. City Engineer Whisker noted that there would be a 180-day window to comply. In response to a question posed by Mr. Jim Durham, City Engineer Whisker related that the signage at the North Point Plaza would be considered one sign package for one permit, one time only, adding that the original permit would cover any sign maintenance. Discussion then ensued regarding freestanding signage located at the Crestview Plaza for each side of the street facing Main Street and how the ordinance as written would affect that situation given that the Plaza is not a commercial corner lot. City Engineer Whisker noted the situation exclusive in nature, having frontage on both sides of Main Street. Chairman Brannen offered that any situation that did not fit the outline of the ordinance could seek a variance from the Board of Adjustment. Mr. Durham related that he was aware of variance options but would like to see something in writing that would to try to avoid having to request a variance. He stated that he does not disagree that Jacksonville needs a sign ordinance but added his concern for “getting carried away” regarding growth and control. He stated that he did not want Jacksonville to get so far out that it is discouraging business from locating in Jacksonville. In response to a question posed by Alderman Wilson, it was clarified that current business owners would have 180-days to replace non- conforming signs or apply for a variance. Alderman Wilson pointed out that many business owners have a sizeable investment in their signage and while he believes signs that are in disrepair should be brought into conformance, there are some signs that are attractive but slightly out of conformance. He noted that the Board of Adjustment would be inundated with request for variances. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. He stated that he agrees with the intent of the ordinance but feels that business owners with existing signs that are not in need of repair should be given longer than six months to replace them. He added that he does not feel that any one who has invested a lot in signage should be made to take it down as long as it is in good repair. City Engineer Whisker noted that temporary signs may be an exception to that sentiment. Alderman Wilson clarified that he was not referring to temporary signage. He noted that the City of Little Rock went through a similar situation when they tried to phase out billboards on a five-year phase out plan because of the money invested in signage. Alderman Wilson related that his other concern is that there is not a concise list of the changes from the existing ordinance. He related that elected officials passing legislation should have a clear understanding of what is being changed. He added that without understanding what the changes are it would be difficult in a public hearing to compare, or have discussion until the ordinance goes into practice and questions arise. He reiterated his concern regarding the burden it would place on the Board of Adjustment at that time. Alderman Stroud stated that no one could have guessed the quandary revising the sign ordinance would present. He pointed out that there are so many different types of businesses, which present different situations regarding locations, streets faces, and so on, adding that everyone agreed signage needed to be addressed. He stated that the old ordinance did not work and was not been enforceable. He added that the new ordinance is a viable ordinance that will work and offer Code Enforcement a tool they can work with. He citied instances regarding poor sign maintenance in Jacksonville, which is not only aesthetically unpleasing but also presents a hazard from a safety standpoint. He pointed out that in earlier attempts to prohibit portable signs the Council worked on a program which attractive controversy so they finally decided that portable signs could be used if they were secured to the ground because of safety. He related that eventually that was unsuccessful because business owners began using portable signs all over town and not properly anchoring them. He stated that the problem was enforceability, which is why the new ordinance has strict regulations regarding signage. He stated that signage has to be permanent, aesthetically pleasing and meet certain specifications overseen by the City Engineer. He stated that there has been a lot of anguish regarding what can be done or what should not be done, and that there are going to be some problems bringing everyone in compliance. He stated that perhaps 6 months is probably not reasonable, but the City has to give them reasonable time to either come into compliance or seek a variance. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 2003 7:00 P.M. – 7:55 P.M. Discussion ensued and City Attorney Bamburg related that he could have a summary of changes available for the public hearing to be held in January. Commissioner Stroud reiterated his concern regarding proposed regulations for businesses located along the freeway through the middle of Jacksonville. Alderman Smith noted that suggestions during the public hearing process can be enacted before returning the Ordinance to the City Council. Commissioner Stroud stated that as a Planning Commissioner he believes proper to send what he perceives as “a little bit of a defective unit” to public hearing. He added that he would like to see the Ordinance be faultless before heading to public hearing. Discussion ensued regarding reassembling the Sign Ordinance Committee to consider amendments. Commissioner Stroud stated his reservations regarding a vote to send the ordinance to public hearing at this time. In response to a question posed by Commissioner Piggee, Alderman Smith stated that in some instances the old ordinance was used in compiling the new ordinance. At this time, MOTION CARRIED by voice vote with Commissioner Stroud voting NAY. ANNOUNCEMENT: Chairman Brannen requested that the Sketch Plat for Hayley Heights Addition PH II be tabled until the regularly scheduled Planning Commission meeting in January 2004. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:55 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 10 11