Loading...
06 FEB 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on February 13, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. SERVICE AWARD PRESENTATION: Chairman Stroud recognized former Commissioner Susan Dollar with a service plaque for her years as a volunteer Planning Commissioner, citing her ardor for sidewalk planning while serving on the Commission. He noted her tenure with Metroplan and her planning efforts for the region. Mrs. Susan Dollar expressed her appreciation and pleasure in serving the Jacksonville Community. Chairman Stroud then welcomed former Planning Commission Chairman Art Brannen back onto the Commission to that vacancy. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Glen Keaton, Mike Traylor, John Herbold and Tom Evans answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. PRESENT (7), ABSENT (2). Others present for the meeting were City Engineer Whisker, Bob Williams, Tommy Bond, Alderman Stroud, Lloyd Friedman, and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Keaton moved, seconded by Commissioner Herbold that the minutes of the 9 January 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): a. Rezoning of vacant property in the 2400 BLK of West Main Street Chairman Stroud opened the public hearing at approximately 7:03 p.m. Petitioner Mr. Lloyd Friedman related that a request by Pathfinder to donate 30’ of his property on Main Street is the reason that he is requesting a rezoning so he can be assured of the setbacks regarding the property. He noted that the property is zoned M-2, which he stated 30 years ago was the flavor of the area. He then related that the development in the area has turned more toward commercial than industrial. He stated that both he and the adjacent business have been asked to donate 30’ of property for the construction of a street to a Pathfinder Daycare facility. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. With no one else to speak to the issue, Chairman Stroud closed the public hearing at approximately 7:05 p.m. City Engineer Whisker noted that the Land Use plan donates the property for manufacturing, adding that he had spoken with Mr. Friedman about the possibility of obtaining a conditional use for the property followed by a possible rezoning as more of the property coming up from the east becomes commercial. Commissioner Gray requested clarification regarding the process of changing the Land Use Plan in granting a rezoning. City Attorney Bamburg clarified that the ordinance to rezone would also address modifying the Land Use Plan. Commissioner Gray pointed out that under an M-2 zoning there are provisions for C-4 conditional use, he then voiced his concerns for changing the zoning of the property prior to modifications being determined regarding the Land Use Plan. Chairman Stroud concurred, saying that if the Commission determines that part of Main Street lends itself more to commercial development, the Land Use Plan should be modified prior to a rezoning request. Chairman Stroud then asked Mr. Friedman if he is opposed to being considered for a conditional use instead of a rezoning, Mr. Friedman related that his reason for requesting the rezoning was to assure what setbacks would apply prior to donating property. Chairman Stroud asked City Engineer Whisker to clarify issues regarding setbacks and the possibility of granting a conditional use. City Engineer Whisker stated that the setbacks for the actual zoning of the property would apply unless during the granting of a conditional use the setbacks were requested to be otherwise. Mr. Friedman stated that he was trying to simplify the matter by requesting a commercial rezoning, which would carry different setbacks from an M-2 zoning. Chairman Stroud noted a prior rezoning to commercial for Mr. Friedman, which has remained vacant. Mr. Friedman stated that the best development for that property has not presented itself yet. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. In response to a question from Chairman Stroud, Mr. Friedman stated that if he donates the property to Pathfinders without the rezoning and a street is built, it would change the setbacks given the new street. He stated that he would have to adhere to the M-2 setbacks. He stated that in donating the property he would like to be assured of what setbacks the property would carry, noting that after donating the property his setbacks for M-2 would begin another 30’ in. Commissioner Traylor questioned the manufacturing zoning perimeters to the east of the proposed property, City Engineer Whisker replied that the manufacturing area runs from Erica’s Attic on Main Street going west almost to Shady Lane and encompassing Redmond Road on both sides. Mr. Friedman then answered Commissioner Traylor, that his property abuts Pathfinders on the north side. Commissioner Herbold questioned, with the lot size decreased because of the 30’ donation, if there is any type of heavy industrial that could be fit on the lot. Mr. Friedman stated that it could possibly still be used as industrial, adding that given the new development along Main Street and the abundance of industrial property on Redmond Road and off Marshall Road, it would not seem likely that this property would be used for industrial. He added that it would be cost prohibitive to use this property as industrial. Commissioner Gray noted that the area may develop in a mixed-use commercial/industrial fashion, pointing out that C-4 is a conditional use of M-2. He pointed out that allowing a conditional use would grant the petitioner his assurances and allow the Planning Commission to begin consideration regarding the Land Use Plan for the entire area. Commissioner Gray moved, seconded by Commissioner Herbold to approve a conditional use of C-4 with C-4 setbacks on the proposed property. MOTION CARRIED. b. Conditional Use regarding vending machines located 46 Georgeann Drive Chairman Stroud opened the public hearing at approximately 7:22 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. Mr. Scott Scholl of Rice & Adams stated that he would be representing Mr. Earnest White of 46 Georgeann Drive. He explained that Mr. White has two vending machines outside his residence, adding that Mr. White was cited by the City Engineer for having a commercial use in a residential area. He presented the Commission with a 73-signature petition and a letter from the adjacent neighbor stating that they have no objection to Mr. White having the vending machines and the letter stated they actually appreciate the convenience. He then explained that the vending machines are setback from the road and do not present an “eye-sore” to the neighborhood. He stated that the vending machines keep small children from having to cross busy streets to purchase snacks. Mrs. Ann Manry of 1304 Captain Cove related that her mother lives around the corner from Mr. White and baby sits her children, explaining the convenience for her mother to walk the children around the corner on the sidewalk to provide snacks instead of having to take the children down Military Road, which is a busy street with no sidewalks. She expressed the difficulty for her mother, who does not have a car, to walk four children down Military Road. She stated that the vending machines are not visible from the street and the area is kept neat. She stated her support for the request. Mr. Joseph Gilbert of 41 Georgeann Drive stated that he lives directly across the street from Mr. White, saying that the property is always kept clean. He stated that the vending machines are very convenient to the neighborhood, adding that his own children get their snacks from across the street. He stated that the machines are not visible from his property across the street, adding that there is never any mess or wrappers because of the machines. Mr. Curtis Green of 43 Georgeann Drive stated his support and use of the vending machines, adding that the area is always kept clean. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 7:27 p.m. City Engineer Whisker stated that while the vending machines do provide a convenience, it is considered a business. He related that Mr. White has a business license with the City of Jacksonville, adding that the business license is for the house, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. which is allowed if the business does not create traffic, or stock merchandise at the house, no more than two people are in the business and the house is used mainly as a residence. He stated that Mr. White does most of those things with the exception of keeping stock at the house and having the coke machines out front. He stated that vending machines are not allowed to be used in this manner. He stated that the property is not zoned for this activity and the property is not in a commercial area so it could not be rezoned to commercial. Commissioner Herbold questioned if the request is an authorized conditional use. City Engineer Whisker stated that it would have to be specifically created to fit this request, explaining that the conditional uses listed do not fit this request. City Attorney Bamburg stated that any approval would have to be contingent upon the City Council amending the Ordinance to allow this activity as a conditional use in R-0. In response to a question posed by Commissioner Keaton, Mr. White explained that the City brought the issue to his attention. He then explained that when he applied for his privilege tax to operate a business he informed the City of his activities and was granted a license. He stated that this year he received a letter on the 12th or 13th of January regarding the machines. He stated that this year the privilege tax license included stipulations that had not been a part of the license before this year. In response to a question posed by Chairman Stroud, Mr. Scholl read from the privilege tax “this license does not authorize a business to operate in conflict with the laws of the City of Jacksonville, inclusive of zoning regulations for the State of Arkansas, and must be posted in a conspicuous place at the business location. This license is not transferable in respect to location, business classification or ownership. Change in location, classification or ownership will necessitate a new license”. Mr. White explained that for the past two years he had operated the machines at his house before the wording change on the privilege tax. Chairman Stroud explained that this business does not fit the City’s zoning requirement, and did not fit it before being mentioned on the privilege tax. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. Mr. White stated that the first letter he received from the City was regarding abandoned cars. City Engineer Whisker clarified that there were an additional four machines sitting on the lot, explaining that the letter actually goes into detail referencing blight and/or trash and non-working machines. He stated that part of the complaint was the number of machines he was working on at the residence. In response to a question from Chairman Stroud, City Engineer Whisker stated that he approves a beginning business license but does not participate in the renewal process and could not address the changing of the wording on the privilege tax. He stated that the Finance Department would have been responsible for changing the wording on the license. He then clarified that the requirements as read would have applied previously to being stated on the privilege license. Mr. Scholl concurred, restating that Mr. White is trying to seek a conditional use, pointing out that the neighborhood is in support of the request. He stated with due respect that he does not feel that vending machines would pop up all over the City in residential areas. Discussion ensued regarding standard zoning practices and waivers in regard to the good of the residents of a particular neighborhood and the community. In response to a question from Commissioner Brannen, Mr. White replied that the machines have been on the property for three years, adding that he has photographs that show that the children cannot get to the store unless they travel Military Road. Chairman Stroud pointed out that commercial zones are designated because the City wants to direct traffic to areas where it is acceptable for there to be large amounts of traffic. He stated that there could be repercussions for allowing commercial activity in a residential neighborhood. He stated that the nature of residential is quiet. Mr. Scholl stated that Mr. White feels that even though, technically, the vending machines are a commercial enterprise, the quiet nature of the neighborhood is still preserved because there are not a lot of cars involved but rather a few neighbors that come occasionally to use the vending machines. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. Mr. White then answered that his privilege tax is issued to White Family Vending Company for the placement of vending machines at various locations. Commissioner Brannen moved, seconded by Commissioner Traylor to deny the request to operate vending machines outside the residence of 46 Georgeann Drive. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Valley Ridge Estates Chairman Stroud noted that the plat was removed from the January agenda to allow the developer an opportunity to have a County review of the project. Mr. Basil Shoptaw of Thomas Engineering related that the area is approximately 27 acres off Hatcher Road. He stated that the Subdivision consists of 20 tracts over an acre in size, adding that there would be no driveway access onto Hatcher Road. City Engineer Whisker stated that the Subdivision has been through County review and was approved as presented, adding that the Subdivision was approved without sidewalks at the Sketch Plat stage. Chairman Stroud questioned if the developer would be willing to include sidewalks. Mr. Shoptaw stated that Hatcher Road does not lend itself to that type of improvement in a piece meal fashion. He then answered that he believes Hatcher Road would remain a rural street for a good many years. Commissioner Traylor moved, seconded by Commissioner Gray to approve the Preliminary Plat of Valley Ridge Estates as submitted. MOTION CARRIED. Chairman Stroud informed the Planning Commission that there is a committee currently working on extending sidewalk requirements outside the City limits. b. FINAL PLAT Clover Ridge Subdivision PH III Mr. Tommy Bond related that the property is a small tract of land that is being proposed as four single-family lots. He stated that the drainage and sanitary sewer easements have been established, adding that he believes Mr. Boroughs has completed all requests from City Engineer Whisker. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. City Engineer Whisker concurred. In response to a question from Chairman Stroud, Mr. Bond related that the property had been rezoned from single-family for duplexes and is now being proposed for single-family development again. Commissioner Herbold moved, seconded by Commissioner Evans to approve the Final Plat of the Clover Ridge Subdivision PH III as submitted. MOTION CARRIED. c. REVISED PRELIMINARY PLAT Dupree Park Addition Petitioner Jim Reed related that since the last meeting with the Planning Commission, he has received the Parks and Recreation’s approval for the project. He stated that City Attorney Bamburg is working with the Parks and Recreation Commission regarding the legal paperwork. He stated that the Water and Sewer Departments have given their approval. He then related that in meeting with Mayor Swaim it was suggested that Mr. Reed give the City 60’ of easement without having to develop the road. He agreed to those requirements. He went on to say that he believes he and his engineers have satisfied all needs by the City. City Engineer Whisker requested that the 60’ proposed easement be recorded as a right-of-way. He requested that the road be built up to lot 1, adding that if the lot is split to the south the road would have to be extended down the right-of-way. In response to a question from Chairman Stroud, City Engineer Whisker stated that it is his understanding that the utilities will be in the right-of-way. Mr. Michael Clayton clarified that there would be a waterline from around the edge of the 35’ easement going into the ball field on the park property coming up to Lot 1. He then added that the sewer line is already established on the southern end of the property. City Engineer Whisker answered that electricity to the property is on the south side of the property in an existing easement. It was noted that there is a major sewer outfall that crosses the back portion of the property that will need to be clearly denoted on the final plat. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. Discussion ensued regarding several possibilities surrounding future development and the 60’ right-of-way road that would be adjacent to the commercial development. Commissioner Keaton moved, seconded by Commissioner Herbold to approve the revised preliminary plat of the Dupree Park Addition, stipulating that the wording of “proposed 60’ easement” be changed to reflect a “60’ right-of-way” and have a notation regarding the sanitary sewer easement that crosses the property and any other easements or utilities on the final plat. MOTION CARRIED. BUILDING PERMITS: a. SITE PLAN Dupree Park Addition Mr. Michael Clayton stated that the site plan calls for a small building of 40’ X 70’ that will face the culdesac and a new road that will be constructed around the Park property. He related that the go-cart track area would be built up with on-site dirt. He stated that they have met with the Fire Marshall and have approval to run a 6” water main parallel to the road. He stated that the plans are to relocate one fire hydrant and install two additional hydrants. He stated that there is an existing sewer outfall that will only require running a 4” service line to the manhole. City Engineer Whisker stated that in concept there is an agreement and understanding regarding the building permit plans which are forthcoming. He stated that the only other item would be that the plans meet with landscaping requirements. It was agreed that overflow parking would be in a graveled area. In response to a question posed by Chairman Stroud, Mr. Reed related that any improvements to the rear overflow parking area would be a later benefit to the City. He then answered that he does not believe there will be much of a demand for extra parking. He then noted that for every 200’ of development he is required to have 1 parking spot, adding that he is planning to put in more spaces than the minimum requirement. He stated that there is an estimated 20 to 25 parking spaces, which well exceeds City requirements. In response to a question from Commissioner Gray, City Attorney Bamburg clarified that the City does not carry any safety liability concerns regarding the safety issues of the development and design. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 13, 2006 7:00 P.M. – 8:05 P.M. Mr. Reed stated that the State of Arkansas requires through OSHA for him to carry 1 million dollars in liability insurance, adding that the development would be inspected twice annually. He stated that he has a document issued by OSHA, which states that he has run this type of business for twelve years without incident or liability. Chairman Stroud suggested additional paving be added to the front parking area for additional spaces rather than have extra parking to the rear of the development. Mr. Clayton stated that if the area discussed were used it could provide as much as five additional parking spaces. City Engineer Whisker stated that the City would want to maintain control of the right-of-way. City Attorney Bamburg concurred with City Engineer Whisker that the City would not allow private enterprise on City right-of-way. In response to a question from Commissioner Herbold, Mr. Reed replied that there should not be a problem providing for landscaping measures at the site. Commissioner Gray moved, seconded by Commissioner Brannen to approve the site plan as submitted. MOTION CARRIED. b. SITE PLAN 213 Marshall Road Petitioner was not present. Commissioner Brannen moved, seconded by Commissioner Traylor to table the building permit for 213 Marshall Road to the March regularly scheduled meeting. MOTION CARRIED. GENERAL: Chairman Stroud asked that the Commissioners consider projections for the Land Use Plan regarding West Main Street and the type of houses for the area leading up to Base Meadows. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 8:05 p.m. Respectfully submitted, _________________________ Susan L. Davitt