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03 SEP 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:09 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, Glen Keaton, Mark Stroud, Mark Perry and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT eight (8), ABSENT (1). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Lester moved, seconded by Commissioner Young that the minutes of the 11 August 2003 Regular Planning Commission meeting be APPROVED as presented. MOTION CARRIED. PUBLIC HEARING(S): a. LANDSCAPING ORDINANCE Chairman Brannen opened the public hearing at approximately 7:17 p.m. Alderman Stroud noted the time invested in development of a Landscape Ordinance, adding that he was pleased the local newspaper had reported favorable on the Commission’s progress. He complimented City Attorney Bamburg for his legal interpretation of the material included in the Ordinance, adding that there were a few minor issues regarding interior trees, which he has spoken with City Attorney Bamburg about. City Engineer Whisker noted that parking lots will now be required to be “dust free” which means constructed of asphalt, concrete, masonry materials, and/or a combination thereof, together with appropriate design and surrounded by curb and gutter. He continued that on page three of the Ordinance he had a question regarding what height they are measuring the trees for the minimum caliper of two inches. Commissioner Young responded that the measurement will be taken approximately 12 inches above of the ground. City Engineer Whisker complimented the Ordinance content, noting the Ordinance addresses residential apartments and manufactured housing parks. He stated that the Ordinance does not include any single-family structure or duplexes. He then noted that the Ordinance would grandfather in all existing parking lots, adding that the Ordinance states that a landscape design plan should be submitted to the City Engineer before the construction, development, expansion, or major renovation of an area as outlined in zoning classifications R-3, R-7, C-1, C-2, C-3, C-4, M-1 and M-2. Commissioner Young stated that major renovation has not been defined. City Engineer Whisker stated that typical major renovation is 50% of the buildings worth. He continued that he takes each one as a case- by-case basis and uses 50% of the properties value as a guideline. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. Commissioner Young stated that he believes that 50% is suitable, but believes that the Ordinance should clarify major renovation with a specific number or percentage. City Engineer Whisker clarified that when he says property he means the building excluding the land. City Engineer Whisker responded to a question posed by City Attorney Bamburg, that he has always used the construction cost, being 50% or greater of the property that is being enhanced. He continued that there are different values that can be used and could be subjective. Commissioner Young suggested that there should be something in the Ordinance that states per City Engineer’s approval regarding the value of the property and if it qualifies as being a major renovation. City Engineer Whisker stated that there are various kinds of arguments regarding property value. He noted that Mr. Peacock who is in attendance could attest to arguments regarding property values and property taxes rising. He continued that property value assessment is subjective in itself. Mr. Peacock stated that he believes it would be easier to determine major renovation by percentage of the building structure rather than the dollar value. He then answered that the percentage could be established regarding the building size. City Engineer Whisker stated that he agrees with Mr. Peacock, however, using Mr. Hall’s building at the corner of Redmond and South James Street as an example, at what point is that a major renovation. He continued that Mr. Hall did not add to the building or expand the building. City Attorney Bamburg pointed out that Mr. Hall did replaced approximately 100 percent of the structure and believes that would qualify. Commissioner Young stated that fifty percent of the building or parking lot size would be a quantitative figure. City Attorney Bamburg responded to a question raised by Chairman Brannen, the City Engineer would need a specific guideline to work from when plans are submitted. City Engineer Whisker stated that he would use whatever guidelines are adopted. He continued that he has always used the dollar figure, stating that it is the easiest. Commissioner Keaton stated that he felt comfortable using a percentage of the total property value. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. City Engineer Whisker added that if it gets into semantics, the assessed value listed by the Tax Assessors Office could be used. Commissioner Keaton pointed out that a parking lot renovation would be tied to the property value not to the size of the building. Commissioner Stroud stated that the assessed value can be two or three years behind actual assed value and that if tied to fair market value it can fluctuate, which might be placing City Engineer Whisker in a dangerous situation to evaluate. City Attorney Bamburg clarified that it puts the City Engineer in the position of trying to be an appraiser. City Engineer Whisker added that it would put him in the position of hiring an appraiser when the client hires has his own appraiser, adding that there could be a difference of opinion. City Attorney Bamburg clarified that the assessed value of the property is already a public record that is easily accessible to the City Engineer’s Office. He added that if the clients disagree, they have the option of consulting with a realtor to determine whether it is an appropriate amount. Commissioner Stroud stated that he feels that 50% of the assessed value of the property is the best option. Chairman Brannen closed the public hearing at approximately 7:25 p.m. City Attorney Bamburg reviewed the Ordinance saying that there are a few items that Alderman Stroud requested as additions to the Ordinance. He noted that on page two under the definitions regarding fences and unacceptable materials, Alderman Stroud has requested that that those unacceptable materials also be added to the definitions on page three regarding the screen or screening section as well as walls. He then reviewed that on page six number two, under interior landscaping requirements, Alderman Stroud indicated that there should be a Section C providing that there be one tree per 15 parking spaces. He added that on page nine under C, Alderman Stroud requested that at the minimum fine amounts be reviewed. Chairman Brannen stated that he believed Alderman Stroud had recommended either $50 or $75 as the minimum fine amount. In response to a question posed by Commissioner Keaton, City Attorney Bamburg stated that other cities vary in fine amounts, stating that he believes North Little Rock charges $100.00 per incident. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. Commissioner Stroud moved, seconded by Commissioner Montgomery to set the fine amount to be $50. MOTION CARRIED. Commissioner Young offered that on page five Section 6, under building landscaping, that the entire section under B be omitted. He then noted that on page four Section 4, he suggested a wording change regarding Preservation Goals. City Engineer Whisker noted that on page four Section 4, under landscape design review, that he would like to have the petitioner provide an additional copy of the plans to be kept on file in his office. City Attorney Bamburg stated that they could be required to submit two copies to the City Engineers office. Commissioner Young moved, seconded by Commissioner Dollar to recommend the Landscaping Ordinance to City Council as amended for the September th 18 agenda. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. PRELIMINARY/FINAL PLAT Tonya Addition Mr. Penn stated that he plans to build a single-family home on the proposed property. City Engineer Whisker stated that the property is located off Anna Lane by the railroad tracks. He noted that Mr. Penn has dedicated the necessary right-of-way for Anna Lane and the extension of Trickey Lane. He stated that the City is using the property right-of-way to gain access to the Park as a second entrance into the back of Dupree Park. He continued that water and sewer are located on the front of the property. In response to a question posed by Chairman Brannen, City Engineer Whisker agreed that the final and preliminary of a one-lot subdivision could be approved together. It was noted that the property would remain a one-lot subdivision, unless Mr. Penn returned for a lot split. Commissioner Lester moved, seconded by Commissioner Keaton to approve the Preliminary and Final Plat of the Tonya Addition. MOTION CARRIED. BUILDING PERMIT(S): SITE PLAN for Walgreens Mr. Aaron Robinson stated that the developers intend on placing curb and gutters along both Main Street and Dupree Street. He continued that they will be taking out the existing grates and pipes and replacing them with curb inlets and 18 inch either concrete or ABS pipe. He stated that they are going to tie the water in on the Dupree side of the property, pointing out that there is an existing 6-inch waterline and an existing sewer manhole at the southeast corner of the property that the sewer will be tied into. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. Commissioner Stroud questioned if the parking spaces would back up to the asphalt. Mr. Robinson replied that he believes that there is a five-foot barrier between the back of the curb and the asphalt, where the alley is located. He continued that there is a sidewalk that runs along Dupree and Main Street. City Engineer Whisker stated that Walgreen’s has changed the site plan a few times and wanted to bring it before the Planning Commission to make sure everyone is familiar with what is on site. He continued that a Preliminary and Final Plat would be brought back before the Commission before the building is finished and a certificate of occupancy is requested. He added that the sidewalk would need to be completed before they obtain a certificate of occupancy. He stated that his request for the development is a 40-foot right-of-way at Main Street from the centerline over and an additional right-of-way for the right hand turn lane at Dupree. He added that they intended to keep the same radius on the corner, which has been on their property for several years to help trucks make the right hand turn from Dupree onto Main Street. He stated that the right-of-way that will be dedicated to the City would be on the backside of the sidewalk along Dupree. City Engineer Whisker responded to a question posed by Commissioner Dollar that there would be a three-foot buffer between the sidewalk and the street. He continued that the areas that are not parking lot will be landscaped, at least with grass. City Engineer Whisker responded to a question posed by Commissioner Stroud, that they alley is the only consideration that has been debated, regarding asphalt to grass. He continued that there would be no curb and gutter between the alley and the back of the parking lot. He then answered that the entire south area is a dedicated alley that leads between Dupree and Warren Street. In response to a question posed by Commissioner Montgomery, it was noted that there would be approximately 54 parking spaces. City Engineer Whisker then responded to a question raised by Commissioner Young, that according to the Master Sidewalk Plan Walgreens would have to put a sidewalk along Dupree and Main Street. Commissioner Montgomery noted that the plan has only three handicapped parking spaces. Mr. Robinson stated that he is not sure of Walgreen’s criteria regarding handicapped parking. City Engineer Whisker then responded that he and Captain Pope reviewed the plans and are satisfied. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. Commissioner Young moved, seconded by Commissioner Keaton to approve the site plan for Walgreen’s as presented. MOTION CARRIED. GENERAL: LETTER FROM MRS. KRISTI HALL Chairman Brannen stated that Mrs. Hall’s letter pertains to greenbelts, wall dividers and natural barriers. He continued that as written he does not believe the letter would be able to go to the City Council with approval. He noted that the preliminary plat for the Smith development has been approved. Mrs. Kristi Hall stated that she is not suggesting that Mr. Smith redo his preliminary plat. She stated that she is suggesting that from now on, the Commission consider using greenbelts, wall dividers and natural barriers in new residential developments. She added that it was brought to her attention because the Smith Addition is behind her home and that she has submitted a petition indicating that people adjoining the property are eagerly enthusiastic about greenbelts, wall dividers and natural barriers. She stated that in order for Jacksonville to continue competing with neighboring communities such as Gap Creek and Grey Stone, who offer amenities far beyond what Jacksonville subdivisions offer, there needs to be serious consideration to new developments. Chairman Brannen pointed out Mrs. Hall’s letter has requested those considerations for the “newly planned Smith Subdivision located off of Harris Road and General Samuels Road, should be required to have a greenbelt and permanent wall to separate the adjoining subdivisions”. He added that the Smith Plat has already been approved. Mrs. Hall stated that she is suggesting that residential developers who want to build in Jacksonville add one of the following to their subdivision. She continued that she is offering Bushwood Estates, Fair Oaks and Woodland Hills as an example to the Smith addition, because currently Jacksonville residential developments do not have a another residential development that backs up to them because of a street or something of that nature. She reiterated that what she is suggesting that since Jacksonville is getting smaller and subdivision will start backing up to residential communities such as the Smith Addition backing up to Fair Oaks, Bushwood and Woodland, that a natural barrier be developed to divided those subdivisions if there are no through streets, so as to not decrease property value. Chairman Brannen pointed out that on the petition that Mrs. Hall had her neighbors sign, states “I the undersigned, respectfully request that the newly planned Smith Subdivision, located off of Harris and General Samuels Road, should be required to have a green belt and a permanent wall to separate the adjoining subdivisions”. He explained that the plat has already been approved. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. Mrs. Hall added that the petition was generated prior to her knowledge that the plat was already approved. She continued that when she was made aware of that fact, she realized that the Smith Addition could not be altered. She added that she believes that this comes at a time when the landscaping ordinance is fresh on everyone’s mind, adding that while she understands that the ordinance is directed toward commercial development, she would like to encourage the Planning Commission to seriously consider something for the residential developments left in Jacksonville. Commissioner Stroud stated that he has spoken with Mary Horton on Christy Lane, adjacent to the Smith development and questioned if she would be willing to offer 15-feet from the rear of her property to help provide for a 30-foot greenbelt. He continued that she stated that her land was already platted and that she already has a huge accessory building to the rear of her property. He continued that sharing the 30-foot greenbelt by dividing it in half between the two developments would be the only thing that he can see, that would be fair and amicable. He added that he likes the idea of a greenbelt, and pointed out that the Smith Addition is proposed to have 85-foot wide lots. He noted that compared to what has been developed, 85-foot width makes fairly large lots, adding that the development would be a gated community. He stated that he believes the Smith development will have positive effects on Jacksonville. He continued that he would have hated to discourage a developer by requesting that he has the entire responsibility of offering a 30-foot greenbelt. Mrs. Hall reasoned that if a young couple wanted to build a home to raise their family, they have choices if they want to live in Central Arkansas, and one choice is Jacksonville and the other as an example is Gap Creek or Grey Stone. She stated that Gap Creek and Grey Stone are about the same price range per lot and about the same size as what is offered in west Jacksonville, however, Gap Creek and Grey Stone offer a golf course, security gate, tennis court, swimming pool, sidewalks, street lights, playground equipment and natural barriers. She related that Grey Stone has a existing natural barrier, but that it would not be a huge expense to establish a fence. She stated that the homebuyers who are going to buy in west Jacksonville are going to be bigger property tax payers, questioning if they are going to buy in Jacksonville with no such luxuries as decorative street lights, side walks and amenities that are in other developments. Commissioner Young stated that he agrees that Cabot has nice amenities in their developments, but added that it is development driven. He clarified that Cabot does not have an ordinance requiring developers to establish those amenities. He stated that it would be hard for a Planning Commission to mandate that developers establish a greenbelt or other amenities. He continued that it is a market driven feature, adding that he likes the concept of each development having a park like setting between residential areas, but added that he does not believe that it is something that can be legislated. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. Commissioner Stroud stated in defense of Jacksonville, that buyers might be going to Cabot but Jacksonville has been noted as being one of the best-managed cities in the area and many citizens choose Jacksonville for that reason. Mrs. Hall asked if Jacksonville is going to step up and be competitive to neighboring communities regarding residential development. Chairman Brannen stated that it is his personal belief that Jacksonville already has, pointing out the tremendous amount of residential and commercial construction in the City. City Engineer Whisker stated that as far as sidewalks, street lighting, swimming pool, playground equipment and walking trails all in one subdivision, Stonewall Subdivision comes to mind. He stated that he does not disagree with Mrs. Hall, but pointed out that the amenities were market driven approximately 25-years ago. Commissioner Dollar stated that she believes that having a Landscaping Ordinance will show developers that Jacksonville is trying to create a the type of environment Mrs. Hall is referring to. She continued that she does not believe there is anyone who disagrees with her what she is suggesting. She noted that smaller steps have produced lot of nice developments in the Community. ANNOUNCEMENT: Chairman Brannen complimented noted Commissioner Young regarding his letter submitted to the Planning Commission, and joined Commissioner Young in encouraging every Planning Commissioner to attend the annual Arkansas Chapter of the American Planning Association seminar next year. Chairman Brannen then noted a memo from the Jacksonville Parks and Recreation regarding the conditional zoning request for property adjacent to Dupree Park. It was noted that the memo states that if Thunder Road returns to the Planning Commission regarding the development proposed, the Parks & Recreation Commissions is requesting that their recommendations be taken into consideration. City Engineer Whisker stated that he believes that the Parks & Recreation Commission wants the owner to develop a full street to his property at his own expense. Commissioner Stroud stated that he understood that the street would be beside the existing one, or utilize the one that is in the Park. He asked if the new street was going to be on the other end of the duplexes. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 8, 2003 7:09 P.M. – 7:35 P.M. City Engineer Whisker stated that the street would start at Redmond Road and go down beside the duplexes, turn right in between the Gwatney Road and the fence where the apartments are, and continue down to the frontage Road and make a left turn back into the Park area. He added that the street would be required to be 27-feet back to back curb, lighting & sidewalks. City Engineer Whisker responded to a question raised by Chairman Brannen, that development past the new church on T.P. White, north of Tri-co Construction and Jacks Bayou is in the County and was approved by the County. He noted that it is not the same developer proposing the development in adjacent to Dupree Park. He continued that his understanding is that area is being developed for some sort of “you pull it” auto parts business. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:35 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 9 10