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03 FEB 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2003 7:00 P.M. – 7:51 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, Chad Young, Bobby Lester, Glen Keaton, Mark Stroud and Mark Perry answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT seven (7), ABSENT (2) Others present for the meeting were City Engineer Whisker, Aldermen Fletcher, Stroud, Sansing and Smith, Chamber of Commerce Director Bonita Rownd, Sherry Oliver, Duane Reel, James Reid, Jay Hudson, Mr. Ted and Rebecca Camp, Tommy Bond, Jim Peacock, Preston Robinson, Jerry Smith, Roy Dillinger, Thad Gray members of the press, interested citizens, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Young that the minutes of the 13 January 2003 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): REZONING 1100 North James from C-1 to C-2 Chairman Brannen opened the public hearing at approximately 7:04 p.m. Mr. Thomas Curry stated that he owned the property on James Street and was in the process of selling the property contingent on the rezoning. He stated that the proposed purchasers, Charles and Linda Dyson were planning to open a tea room type of business. Mrs. Linda Dyson stated that it would be a furniture accessory shop and tea room. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:06 p.m. Commissioner Young moved, seconded by Commissioner Keaton to recommend the rezoning of 1100 James Street to the City Council. MOTION CARRIED. BUILDING PERMIT(S): a. PRELIMINARY PLOT PLAN South Redmond Road & Highland Drive. Chairman Brannen noted that the item of business has been removed from the agenda per the petitioner Mr. Jerry Smith. b. PRELIMINARY PLOT PLAN Mini Warehouse Complex and Car Wash Hwy 161. Petitioner Representative Mr. Tommy Bond corrected that the property is located inside the City limits, adding that the property has been annexed and zoned C-3 by Ordinance 1153 in April 2001. City Engineer Whisker stated that he would like for the property to be platted with proper setbacks for C-3 zoned property. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2003 7:00 P.M. – 7:51 P.M. Mr. Bond added that the adjoining property is not located in the City limits, and is not part of the proposed development. He stated that that owner anticipates annexing that property in the future. He stated that the owner has no objection to filing the plat with appropriate setbacks. City Engineer Whisker noted that the car wash would be located behind the 50-foot setback. Mr. Bond stated that he would return with a plot plan for the property. He then answered that the property has all utilities. Commissioner Lester moved to approve the Preliminary Plot Plan. In response to a question posed by Commissioner Young, Mr. Bond related that the material planned for construction of the car wash would be asphalt with a concrete block structure. He stated that it is his assumption that the owner would pave the road on the south edge of the property during construction of the mini-warehouse, adding that the area of the proposed car wash will not be paved until it is ready for construction. He added that the property will most likely be platted as two tracts and will return to the Planning Commission with a plot plan for the car wash. Commissioner Young questioned what treatment is planned for the area between the car wash and residential neighborhood adjacent to the rear. Owner Mr. David Richardson offered that he would construct a privacy fence between the two properties. Commissioner Lester amended, seconded by Commissioner Young to approve the Preliminary Plot Plan contingent that a privacy fence be constructed between the car wash and the residential area. In response to a question posed by Commissioner Stroud, Mr. Richardson related that the debris previously at the corner of the property has almost been cleaned up and is being worked on presently. He noted that the debris is actually on adjacent property located in the County. It was noted that the debris was mostly from an old barn that had been torn down. At this time, MOTION CARRIED. REQUEST TO APPROVE PLAT(S): PRELIMINARY/FINAL PLAT Juanita Washington Subdivision. Petitioner Representative Mr. Duane Reel stated that Mrs. Washington is platting the lot in order to obtain a building permit to repair her fire damaged home. He stated that the preliminary and final plat approval is being requested simultaneously because the utilities are 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2003 7:00 P.M. – 7:51 P.M. in place. He went on to note that the curb, gutter and sidewalks have been established. He clarified that earlier there was a waiver request for a 30’ building line, adding that it has been changed to 35’ showing the house as a non-conforming use until such time it were to be torn down and a new structure built at the 35’ building line. City Engineer Whisker stated that the property is rectangular in shape and is adjacent to a second piece of property owned by Mrs. Washington. He clarified that in order to construct the building, Mrs. Washington needed to replat the property into one large tract. He stated that the 35’ building line would be in compliance with the property’s zoning if the house were torn down and a new structure was established in its place. City Attorney Bamburg noted that the bill of assurance would need to be corrected to note a 35’ front yard setback. Commissioner Keaton moved, seconded by Commissioner Perry to approve the Preliminary/Final Plat of Juanita Washington Subdivision at 213 Ray Road with a 35’ front yard setback. MOTION CARRIED. GENERAL: a. Request to Revise Agenda Format Regarding the simultaneous submission of plats and building permit requests, it was the general consensus of the Planning Commission to place the item of “Request to Approve Plats” prior to “Building Permits”. b. Draft Landscape Ordinance Alderman Stroud commended the efforts of the Committee and City Attorney Bamburg regarding the ordinance presented for recommendation to City Council. He stated that the ordinance is not punitive, and not as restrictive as Sherwood, Little Rock or North Little Rock. He stated that developers and builders can continue much as they have, adding that the only difference is that a permit will need to be approved by the Planning Commission for clear-cutting. He explained that the ordinance contains a variance provision regarding the need to clear-cut. He stated AIDC requested that industrial property be clear-cut regarding development, recognizing that there are instances that require clear-cutting. He stated that in residential or commercial development clear-cutting is not a good idea, adding that most communities recognize that. He recommended the ordinance for passage to the City Council, saying that it is a good ordinance that does not penalize builders or developers, but helps to improve Jacksonville. In response to a question posed by Commissioner Young, Alderman Stroud stated that he felt most of the Council supports a landscaping ordinance, pointing out additional members of City Council in attendance. He noted one City Council member, Gary Fletcher who is a builder and has supported a landscaping ordinance. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2003 7:00 P.M. – 7:51 P.M. Alderman Fletcher related that he became interested in a landscaping ordinance approximately five years ago when there was an increase in commercial development at one time. He noted enormous amount of clear-cutting regarding the development of the Timberwood Apartments, Wal-Mart Supercenter, and on Redmond Road. He stated that his concern is regarding commercial development, feeling that for the most part residential will take care of itself. He stated that in his experience as a builder, buyers do not want pine trees, pointing out the hazards during the ice storm. He stated that he would have a problem applying for a variance every time he wants to remove trees. He referred Section 16.20.041, questioning if the Code would require all homeowners in the City to plant two trees on their property. He stated that he feels such a requirement would create a burden, pointing out that some people are allergic. Alderman Stroud stated that a person could come before the Commission and be granted a variance to cut trees, adding that the requirement would apply only to new construction. He stated that builders would not be allowed to clear-cut the property and then come back and place a tree, adding that if there are any good/decent looking trees the ordinance tries to save them. He stated that it is a give and take proposition. Alderman Fletcher stated that he does not remove decent looking trees, offering one reason being the expense regarding removal. He questioned the inclusion of the requirement, if a variance is being offered from that requirement, saying that it only adds to the red tape that builders and developers have to cut through. Alderman Stroud stated that not all builders are good builders like Alderman Fletcher, which is the reason for the requirement. Commissioner Lester stated that given some differences of opinion, he suggested that the City Council and the Planning Commission conduct a joint meeting to address any controversy. Chamber of Commerce Director Bonita Rownd complimented the Landscape Committee’s efforts, noting evolution of the present draft from the first draft. She added that she does share Alderman Stroud’s viewpoint, saying that the stipulation not to clear-cut makes the ordinance very business unfriendly. She expressed concern for an additional permit process being viewed as one more step onto a layer of bureaucracy that is unnecessary. She stated that she believes most builders will want to offer a good product, knowing what sells. She stated that she sees very few subdivision, commercial or manufacturing developers who would not care how their development looks, knowing that buyers are savvier in today’s market. She supported other areas of the ordinance, saying that this is the only issue she finds difficult. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2003 7:00 P.M. – 7:51 P.M. In response to a question posed by Mr. Jay Hudson, City Attorney Bamburg stated that the ordinance is setup to address landscaping issues regarding the construction and development of new subdivisions, and will not affect existing residents or commercial business unless there is a change in the use of the property. Mr. Hudson then questioned if the City would be held to the same requirements regarding development of City projects. City Attorney Bamburg responded that the ordinance would apply to all development of property. Mr. Tommy Bond expressed that the ordinance infers additions costs to developers, adding that it is not in his best interest to support an ordinance that would cause him to increase costs to his clients. He stated that there has been no real growth in the last 20-years, adding that this issue is another layer of costs that will have to be included in any new home. He stated that while it may not seem like a lot of money, it will require a landscape plan for every building permit. He pointed out that a plot plan cost approximately $150.00 to $300.00, guessing that a landscaping plan would cost approximately the same. He then pointed out that it would require another layer of planning review, adding that he is not sure the City has the proper personnel to review landscaping. He stated that he has real concerns regarding the ordinance, relating that currently he is working in Little Rock and Maumelle, which is a “nightmare” regarding landscaping. He stated that the Little Rock landscaping ordinance required every tree on the proposed apartment site be located, adding that there were over 500 trees, which took five days of field work. He went on to explain exhaustive measures to adhere to the ordinance, explaining that these types of ordinances have far reaching effects. He noted that part of the proposed ordinance for Jacksonville requires that the City inspect to see that landscaping is maintained after being established. He questioned two years after a residence has been established, how do you differentiate between the house that is two year’s old and the one that is three year’s and was not regulated under the landscaping ordinance. City Attorney Bamburg clarified that there would be landscape design plans on file in the City Engineer’s office. Mr. Bond pointed out that plots can be platted long before the house is built. He related his desire for Jacksonville to be attractive and believes it is headed in that direction, but also believes that such measures should be market driven. He stated that homeowners will plant trees without being regulated. He pointed out the negative aspect of trees regarding wind and ice storms, noting that as trees mature they become dangerous in storms. He added that trees can cause road depressions by robbing the soil of moisture, as well as damage the foundation of homes. He stated that evidence of this can be seen on Loop Road regarding depressions and dips in the road. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2003 7:00 P.M. – 7:51 P.M. Alderman Stroud noted that people are resistant to change. He stated that he is glad Mr. Bond pointed out difficulties regarding the Little Rock ordinance, adding that that the proposed ordinance is approximately 20% of what Little Rock requires. He stated that builders from other cities are accustom to landscaping requirements. He related that he was surprised that Bonita Rownd had concerns regarding the ordinance and went on to say that without a written plan it would be hard to progress. He announced that Jacksonville was awarded the Arkansas Community of Excellence Award due in part to numerous committees working to make Jacksonville better. He stated that the Planning Commission has worked diligently to improve Jacksonville, and that there are over one hundred people working on a steering committee to create a separate school district. He stated that while Jacksonville is looking better, progress cannot stop. He stated that he did not want Jacksonville to look like Asher Avenue regarding signs, and asphalt out to the street with no greenery. He stated that he would not like to see developers or builders clear-cut, adding that he would like to see progress as with any city. He stated that the ordinance is not punitive and offers latitude, adding that Jacksonville needs a written plan. Mr. Jim Durham stated that he agrees that the ordinance may need to be fine-tuned. He related that even though Cabot does not have a landscaping ordinance, when he developed his shopping center in Cabot he was asked to leave two large oak trees. He explained that he was able to leave the trees, but going into the second year both trees died and now it will costs approximately $850.00 to have them removed. He then added that the City sent him a letter requesting he remove the trees or they would, because it was felt that the trees were creating a hazard. He stated that he does not disagree that Jacksonville needs some type of green ordinance, a requirement to put back greenery but added that he does not have a problem with clear-cutting. He went on to explain that he has a problem with builders who do not try to make their development look nice with grass, shrubs or fresh trees. He pointed out that he installed a $2,300. sprinkler system at the shopping center he developed in Jacksonville to keep the tree he saved and the grass alive. He reiterated that he does not disagree with Alderman Stroud completely, but likes the idea that before the ordinance is submitted to the City Council, there be a joint meeting to discuss particulars. Mrs. Rebecca Camp, a master gardener with the Master Gardener Program and the wife of a local developer, stated that there are issues of concern regarding the temporary certificate of occupancy proposed in the ordinance. She stated that a lot of mortgage companies will not issue a V.A. loan without a certificate of occupancy. She hypnotized that if the weather is wet and a three-foot shrub as dictated by the ordinance has to be planted, then the loan cannot be closed. She stated that there are a lot of issues she feels that need to be reconsidered. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2003 7:00 P.M. – 7:51 P.M. Mr. Preston Robinson owner of Triangle Engineering stated that he was told that his project may have fueled the creation of a landscaping ordinance when he cleared 40-acres on Redmond Road. He explained that he is not sure how he could have accomplished his project without clear-cutting, stating that he installed a 100 round fire protection sprinkler system. He related that when he purchased Triangle Engineering the area out front had two dozen pine trees, he asked if under the ordinance would he have had to apply for a variance to remove the trees. He stated that in his opinion the pine trees were a real problem because they were hard to maintain, and that the grass around the trees was equally hard to maintain. He stated that he removed the pine trees, planted Bradford Pear trees and installed a sprinkler system. He stated that he has also built a shopping center, noting that the area in front has grass and a sprinkler system as he is doing on Redmond Road. He stated that he has a separate sprinkler system around each building to maintain green areas, adding that he has done that on his own and does not want to be told to do this. He stated that he believes developers who really care will properly provide for green areas. Chairman Brannen brought up the question of people who would not want to establish green areas without being regulated to do so. He stated that the ordinance ensures that everyone will do the proper landscaping. He stated that the Commission is aware that most developers do not have to be regulated. Mr. Robinson stated that the ordinance should be fine-tuned, saying that there needs to be something other than dictating what needs to be done. He stated that he could plant grass at the Redmond Road development, but that if he is going to be required to plant trees he is not sure all the trees would survive because of the ground conditions regarding the amount of earth that has been moved. In response to a comment posed by Chairman Brannen, Alderman Fletcher stated that he believes there is room for compromise. He stated that the Stonewall Subdivision is a good model for greenery and landscaping. He stated that one of the first things most homebuyers do is work in their yard regarding landscaping. He stated that his original concern was the impression from people driving the freeway when Wal-Mart was being developed, adding that Main Street is unattractive because it was built during a “shopping center era” using all black asphalt. He stated that it would help if there were more green areas downtown. He reiterated his concern that the freeway is the only impression some people get of Jacksonville. He stated that in a case like Mr. Robinson’s, sometimes you have to clear-cut and then start over. He related that a variance regarding tree-cutting is just compounding work for the City. He added that a new City inspector was hired when the clean-up Ordinance was passed, adding that the passage of this ordinance might require hiring another individual to address enforcement. He Stated that the ordinance has 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2003 7:00 P.M. – 7:51 P.M. grown from addressing just one problem, adding that he would like to see if green areas in subdivisions would address the problem better than making each individual person plant trees or be forced to apply for a variance to remove a tree. Mr. Tommy Dupree agreed that the ordinance needs to be reviewed by both bodies, adding that from what he has heard there is too much logical opposition to proceed. He stated that personally he loves trees and that he does try to save trees in Northlake, but added that it does not seem to be practical to save very many. He stated that his house has a huge oak tree that he managed to save during construction, but added that the ice storm broke limbs and killed part of the tree. He stated that the tree will have to be removed before the end of the year, which he estimated to costs quite a bit. He stated that there are three other trees in his yard that will have to come down, explaining that trees get old and die. He stated that if he had his preference he would rather see young or medium size trees. Mr. Hudson questioned if there would be protection from the utilities companies regarding the cutting of trees under power lines. Alderman Stroud stated that the ordinance prohibits planting trees under utility lines, which is the reason utility placement has to be shown on the design plan. Discussion ensued as to when the Planning Commission and City Council could hold a joint meeting. Alderman Smith stated that he would speak with Mayor Swaim regarding a time and date for the joint meeting. Commissioner Lester moved, seconded by Commissioner Keaton to table action regarding the proposed landscaping ordinance pending a joint meeting of the City Council and Planning Commission. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:51 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 8 9