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07 NOV 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. - 7:41 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on November 12, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Chad Young, Susan Dollar, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Tommy Bond, Mr. Ben Rice, Alderman Bob Stroud, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Howard to approve the minutes of the regularly scheduled Planning Commission meeting of 8 October 2007 and the special Planning Commission meeting of 1 October 2007. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 400 Block of North First Street to R-3 Chairman Traylor opened the public hearing at approximately 7:01 p.m. Mr. Rice related that he is requesting that the property legally described as Lot 1, Block 1, N.E. and Harry Harpole Addition, Lots 1, 2 & 3, Block 4, Harpole Addition be rezoned to R-3. He added that with the current property owner’s permission, he is also requesting the rezoning of Lot 2, Block 1, N.E. Harpole Addition addressed as 105 Brewer Street, to R-3. He explained that he has an option to purchase the property on Brewer Street and the owner Mr. Mallet is present in consent. He explained the development plan to construct apartments. He related that two of the five rent houses on North First Street have been demolished, explaining that two of the three remaining houses are vacant and will be torn down if the rezoning is approved. He stated that he feels the development would be an improvement for the neighborhood and would improve adjoining property values. He noted two other apartment complexes located further down on North First Street, citing North First Street as a good location for new apartment development. Chairman Traylor closed the public hearing at approximately 7:05 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. - 7:41 P.M. Acting City Engineer Whisker noted that North First Street does have light commercial areas, explaining that Hall’s Garage is located to the south of the proposed property and a framing shop is on the north end. He then clarified that the property which fronts North First Street is zoned C-2 and the two lots directly behind are zoned R-1. It was also noted that two of the lots on North First were granted a conditional use of R-3 last year. Commissioner Howard concurred with Mr. Rice’s statement that the development would be an improvement to the area. In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker noted that the development plan would be subject to the landscaping rules and regulations. Commissioner Brannen moved, seconded by Commissioner Dollar to approve the rezoning as requested in the 400 Block of North First Street from C-1 and R-1 to R-3. MOTION CARRIED. b. REZONING property on the east side of South Oak Street and South First Street Chairman Traylor opened the public hearing at approximately 7:07 p.m. Mr. Michael Clayton of Clayton Engineers stated that he is representing petitioner Justin Brewer. He explained that the property consists of approximately 14 acres located on the corner of Hwy. 161 and South Oak Street. He noted that adjacent and in close vicinity there is a mobile home park, apartments, duplexes, a warehouse for Centerpoint Energy, other commercial facilities, and single-family housing. He stated that in discussing development plans with Acting City Engineer Whisker, he learned that the Master Street Plan calls for the extension of Raney Place Street to South Oak Street, adding that Mr. Brewer is willing to extend the street as directed. He noted that the property has been primarily cleared, explaining that the developer is requesting a C-3 zoning excluding a 150’ strip on the rear side of the property adjacent to the single-family housing area as a transitional zoning of R-2 going into the commercial rezoning. He noted that water and sewer are located in vicinity of the property, further explaining that currently Mr. Brewer does not have a commercial development plan in place but is working with speculators regarding potential retail development. He surmised that it would be in the arena of a CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. - 7:41 P.M. small box store in similar size to the Dollar General, which could include fast food restaurants. He stated that this type of development is feasible given that the property is adjacent to Hwy. 161, adding that there has been an increase in traffic along Hwy. 161. He stated that he feels the rezoning request is a reasonable request given the zoning of the surrounding area. With no presenting opposition, Chairman Traylor closed the public hearing at approximately 7:15 p.m. Acting City Engineer Whisker noted that the property is known as the “Taylor Property”, adding that the property was recently sold. He then answered that he does not believe any of the property is located in the floodplain, explaining that any development would have to be engineered for the proper water levels. In response to a question posed by Commissioner Howard, Mr. Clayton stated that regarding the house currently located on the property; it is his understanding that the developer would rent the house in order to generate revenue at least until there is a full development plan regarding the southern portion of the property. He then answered that the R-2 area would be for the development of duplexes to provide a transition from the single-family to the proposed C-3. He stated that from a planning perspective they proposed the R-2 to provide a transitional zoning. He then explained that the developer is looking at constructing a road that would lead parallel on the property to provide a future access to the mobile home park, should he be able to obtain that property in the future. In response to a question posed by Commissioner Brannen, Mr. Clayton explained that the developer is requesting a rezoning to C-3 instead of C-2 because C-2 is traditionally designed for smaller commercial lots. He related that occasionally a larger retail might have problems fitting into a smaller lot. He stated that of the approximate 14 acres, the developer is proposing to rezone 11 acres for commercial. In response to a question posed by Commissioner Howard, Acting City Engineer Whisker stated that the Rainey Place residents he has spoken with were aware that the Street was proposed to CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. - 7:41 P.M. develop through to South Oak. He explained that the Street has a “T” at the end that abuts the fence. He added that he feels a connection from South Oak to South Road is needed. Commissioner Howard moved, seconded by Commissioner Dollar to approve the rezoning of proposed Tract 1 to R-2, containing approximately 3.33 acres and Tract 2 containing approximately 11.22 acres to C-3, regarding property located on the east side of South Oak and North First Streets as requested. Commissioner Brannen expressed concern that a rezoning to C-3 would possibly allow for the development of gas stations close to a residential area. Discussion ensued and it was pointed out that reasonably any gas stations would be constructed closer to the Hwy. side of the property rather than the residential property located to the rear of the property. At this time MOTION CARRIED. c. CONDITIONAL USE of C-2 in a C-1 zone located at 901 North First Street Chairman Traylor opened the public hearing at approximately 7:24 p.m. Mr. Jim Voss, property manager for Utility Support Systems explained that the property is the old First Electric building, adding that to the rear there is a warehouse area that is being proposed for production of hats that would be primarily sold on the Internet but also offered to the public. He stated that it would be a small, quiet operation. Chairman Traylor closed the public hearing at approximately 7:25 p.m. Acting City Engineer Whisker noted that the building was built with varied types of operations in mind. In response to a question posed by Chairman Taylor, Mr. Voss answered that while the majority of business would be done through shipping of Internet orders, they would also like to offer access to the public. He then answered that it would not generate much traffic, adding that it would only encompass a small rear section of the building that has a dock area. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. - 7:41 P.M. He then explained that the building is occupied by several different kinds of tenants, pointing out that the rent is reasonable so the building mostly houses small upstart businesses. He related that the building is almost completely occupied, adding that the building has been updated to meet current City code. Discussion ensued regarding requirements for fire code, Acting City Engineer Whisker noted that it would need to meet all City codes before being issued a business license. Commissioner Evans moved, seconded by Commissioner Howard to approve the request for a Conditional Use of C-2 in a C-1 zone located at 901 North First Street. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Cavin Estates Mr. Aaron Robinson of Bond Engineering noted that the Planning Commission reviewed the Sketch Plat a few months ago. He explained that the developer is doing half street improvements to the through streets, and there is already curb and gutter in the Subdivision. He then noted that parts of the storm drainage are being updated. He stated that the Wastewater Department requested a change of note on the plat, adding that the Water Department has not made any comment yet. Acting City Engineer Whisker noted that the property was previously known as the Hallelujah Trailer Park, explaining that phase I will be along the outside streets. He then noted that water and sewer is available along both streets. City Attorney Bamburg offered that the Sewer Commission approval is contingent upon approval from the Health Department and one minor change in the plans. Acting City Engineer Whisker stated that in talking with the Water Department, it was discussed that it would be run from a different path, explaining that there are two mains on Valentine Road. He related that the sidewalk would be along Mayfair and Borroughs Roads along with curb and gutter. He then noted that the area drainage would be improved drastically, explaining that the developer is reworking a narrow ditch into a much wider ditch with a concrete bottom to accommodate the actual area water flow. It was then noted that the Subdivision is located in the direct vicinity to Homer Adkins Elementary School and has direct access by sidewalk. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. - 7:41 P.M. Acting City Engineer Whisker remarked that the immediate area has seen large-scale improvements with the development of over 225 new homes. Commissioner Brannen moved, seconded by Commissioner Howard to approve the Preliminary Plat of Cavin Estates, contingent on Water and Sewer Department approvals. MOTION CARRIED. BUILDING PERMIT(S): SITE PLAN Tract 2-B Madison Addition Mr. Aaron Robinson of Bond Engineering related that the property is a tract located between Fred’s Discount Store and the Dollar General Store. He explained that the property owner is proposing to develop a 1500 square foot commercial building. He stated that both water and sewer are at the site, but added that there is a small piece of land off this parcel that will have to be crossed to access the sewer manhole. He related that the developer is trying to procure an easement from the adjacent property owner, and that he believes the sewer issue is the only outstanding issue. Acting City Engineer Whisker reminded the Commission that the property was presented as a replat two months ago and a stipulation regarding the sewer was issued. He stated that there is no problem with the building or replat but noted that there is no landscaping shown on the plat. He stated that he is not sure why the Planning Commission is reviewing a site plan when stipulations for the replat have not been met yet. He then added that if the replat is achieved, the developer would not have to present a site plan if the proposed development meets all setbacks. Mr. Robinson explained that the developer had requested that the site plan be submitted hoping that outstanding sewer issues would be resolved. He added that if the Commission would prefer, he would request the item be tabled until issues with sewer are resolved. Commissioner Dollar moved, seconded by Commissioner Brannen to table the item of business until sewer issues are resolved. Discussion ensued regarding parking requirements and the developer’s intentions for parking. Commissioner Young noted that the area has a substantial amount of existing parking. Acting City Engineer Whisker noted that the Dollar General Store did follow the landscaping ordinance for their parking area. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 12, 2007 7:00 P.M. - 7:41 P.M. Commissioner Young noted that the proposed development is setback between the two existing retail stores, questioning if it would be feasible for the building to be moved forward and allowed to share parking with Fred’s. Acting City Engineer Whisker stated that he would not have a problem with that concept but noted that the developer would need permission from the adjacent property owner to share parking. It was noted that moving the building forward would also create a setback issue. At this time, MOTION CARRIED. GENERAL: ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 7:41 p.m. Respectfully submitted, _________________________ Susan L. Davitt