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04 APR 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:04 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Glen Keaton, Mike Traylor, and Mark Stroud answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT SIX (6), ABSENT THREE (3). Others present for the meeting were City Engineer Whisker, Mr. Aaron Robinson, Mr. Chris Baxter, Mr. Joe Lehman, Mr. Tommy Dupree, members of the press, interested citizens and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Young moved, seconded by Commissioner Stroud that the minutes of the 8 March 2004 Regular Planning Commission meeting be APPROVED, noting a title correction regarding Commissioner Stroud on page two. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of 715 Trickey Lane from R-1 to R-4 and R-2 Chairman Brannen opened the public hearing at approximately 7:05 p.m. Mr. Jerry Johnson of W.J. Enterprise represented Petitioner Mr. Donald Cargile. He added that he is also a realtor with Plantation Real Estate. He related that the purpose of the rezoning is to develop multi-family duplex units. He noted that there is a proposed buyer interested in the vacant property and that he himself is interested in purchasing the front corner piece of the property, as rental property. He stated that the condition for sale is that both pieces would be sold at the same time. Chairman Brannen asked that the individual rezoning requests be addressed separately. He requested that the Commission firstly address the request to rezone to R-4. Mr. Johnson stated that he requested the R-4 zoning to accommodate a future possibility of developing a duplex behind the existing house. He added that he did not necessarily need to have the property rezoned to R-4. In response to a question from Chairman Brannen, Mr. Johnson stated that he would be willing to stay with the current zoning. He stated that he was only interested in the R-4 zoning for a future development consideration. Following a short discussion, Mr. Johnson stated that he would prefer to remain with the R-1 zoning. He clarified that he is authorized by the owner to amend the request to remain with the present zoning. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. Mr. Johnson then stated that the majority of the property is requested for a rezoning to R-2 for the development of duplexes. He stated that a local contractor is interest in purchasing the property. Chairman Brannen asked if there is anyone to speak in opposition to the request to rezone a portion of the property to R-2. Mr. Nick Sheffield stated that his home faces the vacant property being proposed for rezoning. He related that his adjacent neighbors to either side are Mr. and Mrs. Weatherly, and Mrs. Thorpe. He stated that he is speaking for them in saying that they are opposed to the development of duplexes. In response to a question posed by Mr. Alfred Ellis, Chairman Brannen clarified that only the property mentioned is being considered for rezoning. Mr. Robert Phillips of 900 Trickey Lane stated that his residence is adjacent to duplexes and is opposed because of his own experience with noise at night. He then related that the area already has traffic problems. Mr. Chris Baxter stated that he is speaking for the rezoning. He related that he is the proposed buyer for the property being requested for an R-2 rezoning. He explained that the duplexes would be constructed of 100% brick, adding that he owns other rental property on Ruth Ann. He stated that he “runs a tight ship” and does not allow loud music or bothersome tenants, adding that he mostly rents to older residents. He added that he takes care of all the landscaping himself. In response to a question posed by Commissioner Young, Mr. Baxter stated that the units are single story, wood frame, and 100% brick with hip roofs. He added that his units are probably some of the best looking rentals in Jacksonville. He then answered that the duplexes would have driveways in the front with enough room for two vehicles in order to keep cars from being parked in the street. With no else to speak for or against, Chairman Brannen closed the public hearing at approximately 7:14 p.m. City Engineer Whisker clarified that the residences that face the property have a private drive that leads from Trickey Lane that is approximately 12’ wide. In response to a question posed by Commissioner Stroud, City Engineer Whisker answered that the entrance to the property would be a new road. He noted that the property would have to be platted if rezoned. He then answered Commissioner Dollar in saying that Redmond Road and Trickey Lane is becoming one of the higher volume roads in Jacksonville. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. Discussion ensued and it was noted that the surrounding property consist of single-family housing and a trailer park addressed off Hwy 161. City Engineer Whisker then answered that there is a duplex on the corner of Ellis and Trickey Lane and that the current surrounding area property is zone R-1. Commissioner Stroud stated that it is difficult as a Commission to change R-1 zoning to a lower residential zoning, adding that given the number of residents opposing the rezoning he does not feel the request can be granted. Commissioner Stroud moved, seconded by Commissioner Traylor to deny the request and retain the property as R-1. ROLL CALL: Commissioners Traylor and Stroud voted AYE. Commissioners Dollar, Young, and Keaton voted NAY. MOTION FAILED. Commissioner Keaton question the minimum lot size, Mr. Baxter responded that lots are 20’ wide along the new proposed street with a zero lot-line. In response to a question from Commissioner Young, Mr. Baxter stated that he would be willing to construct a privacy fence, if so desired by the neighbors. He then answered that he is planning to connect the new street approximately 120’ from the existing entrance off Trickey Lane. He noted that the existing drive would be taken out in favor of development of the new street that would be more accommodating to handle garbage collection and emergency response needs. In response to a question from Commissioner Keaton, Mr. Nick Sheffield stated that the three residences that face the property are not opposed to single-family development but are strictly opposed to multi-family development. In response to a question posed by Commissioner Young, Mr. Baxter stated that if the property is not approved for duplexes he would then develop single-family rental. He noted that the lot size would be 60’ wide. He answered that he is willing to purchase the property regardless of the zoning and then develop accordingly. In response to questions from Commissioner Dollar, Mr. Baxter stated that he would manage the property and that he had spoken with Mr. Weatherly when the property was being surveyed. Commissioner Dollar stated that there are duplexes in her neighborhood that have worked out well, adding that her understanding is that the neighbors have expressed fear of that type of development and the residents that might move into the duplexes. She stated that whether the property is developed as single or multi-family there is always a risk regarding the type of residents that move into rental property. She suggested that Mr. Baxter discuss his plans with the neighbors and try to achieve a resolution. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. Mr. Jerry Johnson related that the rezoning request is on behalf of the proposed buyer and that the owner does not mind if the property retains current zoning, adding that the owner’s objective is to sell the property. He added that given the area, he feels that an R-1 zoning would be a hindrance for the contractor regarding ability to recoup costs through rental income. He then stated that either way the property is developed it would result in an upgrade for the area regarding the development of a two-lane road vs. the current one lane. Discussion ensued regarding Mr. Baxter agreeing to keep the property zoned as R-1 and the recognition of long-time citizens wanting to keep the current zoning of the property. Mr. Baxter expressed his greater desire to have the property rezoned to R-2 regarding proposed development plans. He expressed assurance that the property would be well maintained in an aesthetically pleasing manner. Commissioner Dollar moved to approve the rezoning to R-2 as requested. MOTION DIES DUE TO LACK OF A SECOND. Discussion ensued regarding the developer seeking a compromise with residents in the area neighborhood. Mr. Baxter answered that 22 units would be the maximum number that could be fit onto the property. He added that he would not be opposed to constructing a privacy fence along the side adjacent to the three residences. In response to a suggestion, he conceded to decrease the number of units from 22 to 20. Commissioner Young offered that the developer and the neighbors seek a compromise. Commissioner Young moved, seconded by Commissioner Dollar to table the th item of business until the Regularly Scheduled May 10 Planning Commission meeting. MOTION CARRIED. b. CONDITIONAL USE: Corner of Loop and Military Road C-2 in C-1 zone. Chairman Brannen opened the public hearing at approximately 7:30 p.m. Mr. Aaron Robinson of Bond Engineering stated that he is the representative for Petitioners Mr. Ahmid Mahmud and Mr. Mohammad Lone. He stated that his petitioners are requesting a C-2 use, adding that the property is currently zone C-1. In response to a question from Commissioner Stroud, City Engineer Whisker related that the property to the south of Military Road and west of Loop Road was recently rezoned to C-3 for a gas station. He stated that the property request before the Commission was annexed approximately two years ago and was zoned C-1 at the request of the owner. He added that the owner is now requesting a conditional use for a strip center and restaurant. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:37 p.m. In response to a question from Commissioner Young, City Engineer Whisker answered that a C-2 zoning is more retail friendly including restaurants, shopping malls, and banks. Discussion ensued regarding difficult traffic site issues and City Engineer Whisker stated that he would not disagree with that observation. It was also agreed that the present location for the dumpster should be moved to another area on the property. Mr. Robinson stated that the plan before the Commission is just a sketch regarding the request for a conditional use. He added that nothing is final regarding the parking layout, green areas, or access roads. In response to a question posed by Chairman Brannen, City Engineer Whisker stated that the sidewalk runs parallel to the south line of the First Electric property. He noted that sidewalks would be required for the length of the property being developed. Commissioner Young moved, seconded by Commissioner Stroud to approve the request for a C-2 conditional use as presented. MOTION CARRIED. c. Comprehensive Development Plan Chairman Brannen opened the public hearing at approximately 7:40 p.m. Commissioner Dollar stated that as an employee of Metroplan she feels she should recuse herself from the discussion. City Engineer Whisker stated that the first of two ordinances creates the boundaries by legal description and the second offers the mixed use in the newly created area. City Attorney Bamburg clarified that the second ordinance also sets up the mixed-use as a conditional use within the various zones that would be included in the district. He explained that each conditional use request would be brought before the Planning Commission for approval. Chairman Brannen opened discussion to members of the audience. In response to a question posed by Mr. Tommy Dupree, City Engineer Whisker related that the newly established mixed-use area does incorporate a portion of a previous mixed-use area, which consisted of Vine Street to School Drive to Hwy 161. He noted that the newly established mixed-use area does not extend to School Drive but does cross over Hwy 161 in the Oak and Elm area. He stated that he had informed Mr. Dupree that in order to add to the proposed area another ordinance would have to be introduced at a later time. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. City Attorney Bamburg clarified that amending the present draft ordinance could expand the proposed area. In response to a question posed by Mr. Dupree, City Attorney Bamburg responded that a like use change would not require a new conditional use approval from the Planning Commission, unless there were a specific directive issued to the first conditional that would require the petitioner to do so. Mr. Dupree commented on issues of difficulty regarding a commercial area being proposed in an already established residential area. City Attorney Bamburg clarified that a change of one commercial zone use to a lower commercial zone use would require a rezoning change. With no one else to speak in favor or opposition, Chairman Brannen closed the public hearing at approximately 7:45 p.m. In response to a question posed by Commissioner Young, City Engineer Whisker related that the draft proposal has been submitted to the Parks and Recreation Commission and they opted to remain with the current plan established in the Master Parks Plan. Commissioner Stroud reviewed provision 18.23.050 “All residential property shall be oriented in a manner consistent with the majority of residential and commercial properties within the immediate area”. He recalled that the study conducted by students of the University of Arkansas had recommended establishing a downtown theme. He questioned if this might be a consideration that the Planning Commission may want add to the draft ordinance regarding compatible architecture. Discussion ensued and it was noted that without an existing theme, specific direction with articulate reasoning would have to be built into the draft ordinance to achieve an architectural theme. It was also noted that the only other avenue would be for the Planning Commission to consider establishing an architectural control committee. The consensus of the Planning Commission was to allow the current ordinance to become established before considering further architectural considerations. Discussion then ensued regarding residential parking ratios for the mixed-use areas and Commissioner Young pointed out that typically residential condominiums are 1.5 parking spaces per unit. Mr. Dupree asked the Planning Commission to consider designating the Reed’s Bridge Battlefield as a park. City Attorney Bamburg stated that such consideration would need to be addressed under a separate ordinance to be approved by the City Council. He noted that the Comprehensive Development Plan is separate from the overlay district. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. Commissioner Stroud moved, seconded by Commissioner Young to approve the draft Ordinance with the recommendation of 1.5 parking spaces per residential unit in the mixed-use area and recommend final adoption by the City Council at their May 6, 2004. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Rebsamen Medical Subdivision No. 2 Mr. Aaron Robinson stated that Representative Mr. Bond is ill and was not able to attend. City Engineer Whisker related that the area was apparently final platted in 1995 as a planned unit development per Mr. Bonds letter. He noted that all utilities were installed and that the Water and Wastewater Department believe it to be a part of their system currently. He stated that the only considerations that he can see now versus then is that there is no sidewalks and the Wastewater Department is requesting a 15’ easement regarding the sewer because of uncertainty as to the exact location of the sewer. He clarified that the development although it has streets, technically they are not City streets. He added that they exist more as drives to the future businesses and will have to be maintained by those business. He stated that the only sidewalk that would be required is on Marshall Road in front Units 2 and 3 leading from the Lodge to Horizons Clinic. He then explained that Mr. Williams of the Wastewater Department is not sure that the sewer line does not run through Unit #3, so he is requesting a 15’ easement regarding the exact location of the sewer to Marshall Road. He noted that while the final plat was approved in 1995, for whatever reason it was never recorded. In response to a question posed by Commissioner Stroud, City Engineer Whisker explained that the configuration of the interior streets is to provide access to parking for each Unit. He then answered Commissioner Stroud that landscaping would be presented with each building plan. He then explained that the Planning Commission would not necessarily see each building permit as development occurs, but that the Engineering Department would review the landscaping plan along with the site plans. Discussion regarding landscaping ensued and City Engineer Whisker stated that the landscaping would be similar to the landscaping of the Horizons Clinic regarding parking and landscape placement. In response to a question posed by Commissioner Young, City Engineer Whisker agreed that the setback lines are tight, explaining that the plan approved in 1995, apparently under PUD regulations that were a part of the Code Book at that time, allowed smaller setbacks. In response to a question posed by Commissioner Young, Mr. Robinson stated that he was unaware if the proposed building lines would fit the proposed development. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. In response to a question posed by Commissioner Traylor, City Engineer Whisker stated that if the utility easements are not valid the plan would have to be redrawn by stipulation of the Planning Commission. Discussion ensued regarding approval of the final plat without building setbacks and asked each developer to submit a site plan. Commissioner Stroud questioned if it would be a problem to deny the final plat and ask the doctor interested in the lot to come and present a site plan for final plat. City Engineer Whisker stated that he could not answer that question. City Attorney Bamburg clarified that it is possible if that is the desire of the Planning Commission. He then related that the plat is being presented as a final plat for the remaining Units of the Subdivision, adding that it was presented as a preliminary plat in 1995 and received final plat approval for Unit 1 for the Horizons Clinic. He then noted that the preliminary plat approval expired in 1996. Commissioner Dollar noted that if the preliminary plat has expired the plat being presented is not a final plat. City Attorney Bamburg clarified that it is not unless the petitioner wants to amend it to be a preliminary and final plat just to clear the record. Mr. Robinson stated that he would be in favor of making the plat a preliminary and final plat. Commissioner Keaton moved seconded by Commissioner Young to deny as a final plat for Rebsamen Medical Subdivision No. 2. MOTION CARRIED. It was noted that the preliminary plat has expired and that being denied as a final plat the developer would need to proceed with one lot development approval. b. FINAL PLAT Hayley Heights Subdivision Lot 1-13 Petitioner Mr. James Butler was not present to represent the item of business. Commissioner Young moved, seconded by Commissioner Stroud to table the item of business until petitioner can be present to represent. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 12, 2004 7:04 P.M. – 8:12 P.M. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without objection, adjourned the meeting at approximately 8:12 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 9