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04 JAN 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 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, Chad Young, Glen Keaton, Lester Piggee, Mark Stroud, and Mark Perry answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT SEVEN (7), ABSENT TWO (2). Others present for the meeting were City Engineer Whisker, Aldermen Marshall Smith, Bob Stroud and Terry Sansing, Mr. B.J. Boroughs, Brian Boroughs, Mr. Preston Robinson, Mr. Tommy Bond, Mr. John Harris, Mr. Kevin McCleary, Mr. Jim Peacock, 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 8 December 2003 Regular Planning Commission meeting be APPROVED as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE for the Church of Christ to be located at 2611 West Main Street Chairman Art Brannen opened the public hearing at approximately 7:02 p.m. Petitioner and owner Mr. Jim Peacock stated that the building at 2611 West Main was as formally known as Ruther Hall has been rented for years to various churches and organizations. He related that the Church of Christ is interested in purchasing the building and has requested that a conditional use from the Planning Commission be granted prior to proceeding negotiations of sale. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:05 p.m. Mr. Peacock responded to a question posed by Commissioner Stroud, that the Church of Christ is currently utilizing the building and that a day care, to his knowledge, is not part of their operations. He related that the building is shared with other organizations and the Church of Christ would like to purchase the building for exclusive use. Commissioner Stroud moved, seconded by Commissioner Young to grant a conditional use to the Church of Christ regarding the property located at 2611 West Main for use as a church. MOTION CARRIED. b. Conditional use for mini-warehouses located at 1604 Loop Road Chairman Art Brannen opened the public hearing at approximately 7:05 p.m. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. – 7:55 P.M. Representative Mr. Scott Kingston with Real Estate Central stated that he represents both the buyer and seller, adding that the seller is requesting a variance for the buyer to construct mini-warehouse storage on the property. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:06 p.m. In response to a question posed by Commissioner Dollar, Mr. Kingston responded that the property is located at the corner of Loop and Military Road situated across from the Texaco station. Mr. Kingston responded to a question posed by Commissioner Young, saying that initially the proposal is for 150 units with the possibility of constructing up to 450 depending upon the number of units leased. Commissioner Dollar acknowledged that the corner would be suitable for commercial development, but added that she would like to see appropriate landscaping. Mr. Kingston responded that the developer is his father and that they have constructed several similar facilities around Kansas City. He added that he is sure they would not be adverse to any kind of landscaping or screening. City Engineer Whisker reviewed that the Commission had approved a rezoning last month in the same area, adding that the rezoning was on the south side of Military Road and this property is on the northeast corner of Loop and Military Road. He added that the property is approximately seven-acres between the Texaco Service Station and Murrell Taylor Elementary School towards the hill. He continued that it is a triangle shaped property approximately 500 feet wide. He then noted that the developer would have to comply with the landscaping ordinance at the time he submitted his site plan. Commissioner Piggee moved, seconded by Commissioner Dollar to grant a conditional use for mini-warehouses at 1604 Loop Road. MOTION CARRIED. c. Ordinance Amending Jacksonville Municipal Code Signage Chairman Art Brannen opened the public hearing at approximately 7:10 p.m. Alderman Marshall Smith stated that the Committee feels that the sign ordinance requires an update, adding that the original ordinance was adopted by the City Council in 1985. The Commission viewed a slide presentation showing various signs in Jacksonville. He related that th input from the Commission would be considered at a February 5 Sign 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. – 7:55 P.M. Committee meeting before hopefully being forwarded to the City Council at their second meeting in February. He continued that discussions have been lengthy, adding that generally the consensus is that the ordinance is a good ordinance. Alderman Stroud stated that he would like to preface the intent of the Committee regarding the sign ordinance. He related that citizens have questioned why various large restaurants or department store chains have not located in Jacksonville. He added that some builders have stated that they can make more profit from the identical house built in Sherwood or Cabot. He explained that the Chamber of Commerce hosted a seminar with realtors, developers, appraisers and bankers to discuss why property values in Jacksonville are not equal to other cities. He related that an appraiser at the seminar stated that the City needs to begin by enforcing its ordinances. He related that the City Council has passed a clean-up ordinance and the City hired an additional Code Enforcement Officer. He added that statistically within the last 2½ years 3,585 grass letters have been sent, 355 were mowed by the City, 1,987 trash letters were sent and 1,320 inoperable vehicles were tagged. He noted that progress has been made, however, signs are another issue to be addressed to improve the appearance of Jacksonville. He related that all businesses are in different stages, some established and some just starting, but added that the atmosphere needs to be cohesive, fair, enforceable and eliminate safety hazards. He mentioned the need to adhere to the sign ordinance regarding yard sale signs and portable signs, pointing out that signs are not being properly disposed of or taken down in a timely manor. He mentioned a clutter of signs that have popped up on Main Street, which are not being properly maintained, adding that there are many abandoned signs from business that have closed. He related that banners have been a major issue, and added that some road signs could be combined instead of having one sign for each pole. He stated that a clean city is a marketable city that attracts businesses and upscale restaurants, which creates jobs. He stated that their goal is to make Jacksonville a better community to live in, work in and raise families. Chairman Brannen closed the public hearing at approximately 7:20 p.m. and stated that the ordinance would return to Committee. Commissioner Stroud stated that he has a problem with the balloons and festoons being granted “carte blanche” on the freeway. He stated that he feels allowing certain areas a different set of privileges is unfair. He added he could understand the reasoning regarding the major businesses located there but added that there is no guarantee that those businesses would still be located there in ten years. He stated that if the goal of the sign ordinance is to bring the entire City into conformity, then special cases that the City is trying to help should be dealt with through the public hearing process regarding a variance. He added that he does support the grandfathering of some signage. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. – 7:55 P.M. Alderman Smith related that there has been additional thought to allowing State Highways the ability to exercise that same freedom regarding balloons, festoons and pennants. He added that use of balloons etc. are not banned from other businesses but are allowed four times annually on a seven-day basis. He related that the provision was added to allow Jacksonville Car Dealerships located on the Federal Highway the same advantage as dealerships toward McCain Mall. Mrs. Christine Diffy stated that she recently purchased the Decorators th Bazaar, and plans next month to use balloons from February 8 through th February 15 regarding a Valentine sale. It was noted that she would be allowed to utilize balloons for seven days, four times a year. She related that she has a portable sign on the corner and asked what she would have to do to make it a legal sign. Alderman Smith stated that the sign would have to be enclosed, making it more attractive. Mrs. Diffy stated that she is paying weekly to have cigarette butts and loose garbage cleaned up from the front of her property and feels that she is doing her part to help keep a clean appearance in Jacksonville. She stated that if she is not allowed to keep the sign at the corner, she feels that potential customers will not know that her business is located there. She related that she is not visible from the freeway and that unless they see her sign she would loose business. Commissioner Stroud stated that the sign ordinance was started so that there would be compliance, adding that some businesses went overboard with portable signs and directional signs. He continued that the ideal was that if everyone complied with the ordinance there would be less clutter and businesses signs would be easier seen. In response to a question posed by Mrs. Diffy, Alderman Smith stated that in order to make a portable sign permanent it would have to be fully enclosed or framed and mounted. City Engineer Whisker stated that Mrs. Diffy is located in a shopping center and that a shopping center is allowed to have one free standing pole sign for the entire shopping center in which all of the businesses names are listed. He then answered that her store days and hours of operation can be advertised on the front of her location. He pointed out that the only allowable signage would be the shared pole sign for the shopping center and a sign over each of the businesses. Mrs. Diffy stated that the sign over her business does not state the hours of operation or what kind of business it is; adding that if the ordinance passes, her business would not have any exposure to the 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. – 7:55 P.M. traffic on West Main Street other than the shopping center sign. She asked if it would be acceptable if she paid to have a sign installed to ordinance specifications. City Engineer Whisker reiterated that each shopping center is allowed one pole-mounted sign that list the stores in the shopping center. He added that in this case, the pole-mounted sign has two poles and each sign is approximately 20’ by 4’, adding that all store fronts in the shopping center would have the same advantage for exposure. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT for the Triangle Park Development Lot 1 Mr. Tommy Bond stated that a plat was previously submitted two months ago, explaining that only the paving was lacking. He stated that Mr. Robinson has paved the property and has someone interested in leasing the property. Chairman Brannen stated that he has viewed the development and everything looked good. Discussion ensued and it was noted that the development, even though complimented for its greenery, would not meet the present landscaping ordinance. It was clarified that the present landscaping ordinance would require a screen or a berm to the rear of the property adjacent to the Air Force Base fence. Commissioner Young moved, seconded by Commissioner Keaton to approve final plat of Triangle Park Development Lot 1 as submitted. MOTION CARRIED. b. FINAL PLAT for Small Oaks Subdivision Mr. Tommy Bond stated that the curb and gutter is in and the sidewalks are bonded, adding that the sewer is completed and should be accepted at the next Sewer Commission meeting. He added that the Water Department is in the process of installing water meters. City Engineer Whisker concurred. Commissioner Perry moved, seconded by Commissioner Young to approve the Final Plat of Small Oaks Subdivision as submitted. MOTION CARRIED. c. SKETCH PLAT Haley Height Addition PH II (resubmitted from the previous meeting) Representative Mr. James Butler stated that he was ill during last month’s meeting and was not able to attend. Mr. Butler stated that the developer is seeking approval to begin street and sewer 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. – 7:55 P.M. construction. He noted that the subdivision is located in the County and will be also submitted to Pulaski County Planning. City Engineer Whisker stated that the only difference with County developments is that a 25’ building line is used instead of a 35’ building line. He asked that the motion included stipulations regarding Pulaski County’s development regulations. Commissioner Piggee moved, seconded by Commissioner Young to approve the Sketch Plat of the Haley Heights Addition PH II pending that the subdivision meet the requirements of Pulaski County Planning. MOTION CARRIED. d. PRELIMINARY PLAT Clover Ridge South PH II Mr. Tommy Bond noted that the Commission reviewed Phase I of the development last month, and that Phase II is the final stage of that development. He reviewed that the development was started in the 80’s, adding that the water, sewer and power lines have been installed. In response to a question posed by Commissioner Stroud, Mr. Bond stated that it is his understanding that the sewer lines would require minor repair work. He noted that the Wastewater Department has performed a televised inspection of the lines and noted one questionable spot in Phase II. He stated that a 4” water line will be abandoned and a new 6” line will be constructed. City Engineer Whisker stated that he met with representatives from the Water and Wastewater Department and received the same comments. He then responded that Water and Wastewater Department are fine with the plans and should offer formally approval following their perspective Commission meetings. Commissioner Perry questioned if the culdesac radius should be 60’ and Mr. Bond responded in saying that originally the culdesac was designed small but more easement would be dedicated to accommodate the 47.5’ radius that is required by the Fire Department. City Engineer Whisker concurred that the Fire Marshall has requested a 47.5’ radius for the turnaround of Fire Department equipment. Discussion ensued and Mr. Bond stated that the developer would like to request a 25’ setback for lots 63 and 65, noting that a parcel between lots 63 and 65 was sold approximately 20 years ago. He stated that the developer does not have control of that property. Mr. Bond noted that a 25’ setback has been allowed in some developments in the past. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. – 7:55 P.M. Commissioner Stroud moved, seconded by Commissioner Perry to approve the Preliminary Plat of the Clover Ridge South PH II Subdivision, stipulating that the culdesac radius be 47.5’ and that a variance be granted to lots 63 and 65 regarding a 25’ setback. MOTION CARRIED. BUILDING PERMIT(S): Landmark Missionary Baptist Church Corner of Marshall Road and General Samuels Representative Mr. Keith Miller of Miller Architects stated that the site plan being presented is the first phase of a multi-phase project. City Engineer Whisker noted that changes to the site plan were made to accommodate the landscaping ordinance. Mr. Miller stated that a licensed landscape architect has worked on the plan. He related that the plans have been approved by the State Health Department and Flynco Construction has successfully bid the project. City Engineer Whisker related that the plans would require a sidewalk in front of the building, noting that the Church property encompasses the entire corner lot from Marshall Road to General Samuels to the wooded area and back to the Water tower consisting of approximately 10 acres. He stated that the first phase will involve the area from the drive off General Samuels back to the Water tower on the north side of the ditch, adding that there are future plans for the corner of the lot off Marshall Road and General Samuels. In response to a question posed by Commissioner Dollar, City Engineer Whisker related that there would be a buffer between the sidewalk and the street, adding that the sidewalk will be adjacent to the property line. Discussion ensued regarding platting of the property and City Engineer Whisker stated that if the property were platted he would require sidewalks throughout the development, along with curb and gutter. It was noted that the Church is asking for a metes and bounds building permit. Mr. Miller stated that plans regarding future development have not been finalized, relating that the portion of the property chosen for current development was chosen because it affects drainage the least. He stated that Thomas Engineering has developed a master drainage plan, noting that drainage enters the property from the west. He stated that at this time it is not definite what the next phase will embody. He pointed out that if future drainage plans will depend on the size of the assembly building. Discussion resumed regarding the platting of the property and at what stage the sidewalks would be requested to be built. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. – 7:55 P.M. Commissioner Stroud voiced concerns for the drainage and ditch area. He asked for clarification regarding drainage plans. City Engineer Whisker related that the developer is proposing a 5’ wide V ditch that will be 2’ deep to accommodate drainage until future development occurs, adding that the development would have to be at the same elevation letting the property drain from the west as it does now. He added that it would also have to drain the 24” pipe that crosses General Samuels. Mr. Miller noted that Thomas Engineering has reviewed the preliminary data for a drainage culvert that will eventually connect the water runoff from the water tower regarding water that comes onto the site now and direct it into the area of question. He stated that if the City had requested those actions for Phase I of the project, the drainage engineering would have been addressed. He stated that the City had instructed him that if the drainage was not affected, and the current runoff is contained with the V ditch continuing as it does now, they would be satisfied. Commissioner Stroud stated that his drainage concerns are regarding further development, noting that dirt brought on the site has narrowed the ditch. Mr. Miller stated that the dirt was not brought in by their instructions, explaining that the Church had an opportunity to get free fill dirt and it got a little out of hand. He stated that his firm has stopped that practice and the overfilled area will have to be reconstructed based on structural and civil engineers instructions. He stated that Thomas Engineering has stated that the proposed plans should be fine regarding drainage. He added that he would be the first to say that the next step should be a full master plan showing the infrastructure as to the buildings and parking. In response to a question posed by Commissioner Young, Mr. Miller stated that he is not aware of the dumpster location, adding that it has not been discussed yet with their client. He supposed that it would most likely be located near the kitchen. He displayed the proposed location of the kitchen regarding the site plan. Commissioner Young stated that the plan seems to be a good functioning plan, adding that his only comment would be not to waste the trees at the back of the building but have them located at either side of the parking lot. Commissioner Stroud moved, seconded by Commissioner Piggee to approve the building permit request for Landmark Baptist Church as requested, stipulating that a sketch plat will be presented prior to any further improvement to the property. MOTION CARRIED. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2004 7:00 P.M. – 7:55 P.M. GENERAL: Request to set Public Hearing regarding a conditional use of a crematory in a C-2 zone Chairman Brannen noted that Jacksonville Funeral Home is requesting a public hearing regarding a conditional use for a crematory on cemetery property zoned C-2. Commissioner Perry moved, seconded by Commissioner Stroud to set a public hearing at the next regularly scheduled Planning Commission meeting. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without objection, adjourned the meeting at approximately 7:55 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary 9