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07 OCT 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on October 8, 2007. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Bart Gray Jr., Chad Young, Susan Dollar, John Herbold, Tom Evans, and Alderman Bill Howard answered ROLL CALL. Chairman Traylor also answered ROLL CALL and declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were Acting City Engineer Jay Whisker, Mr. Tommy Bond, Alderman Bob Stroud, Mr. Jack Wilson, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Herbold moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 10 September 2007. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE Mixed use commercial and residential at 120 South Bailey Chairman Traylor opened the public hearing at approximately 7:02 p.m. Ms. Roberta Bonham related her request to operate a salon on one side of the duplex and keep a residence on the other side. Chairman Traylor closed the public hearing at approximately 7:03 p.m. Acting City Engineer Whisker stated that the area is in the mixed-use zone, explaining this type of request to be the reason the ordinance was established. He then explained that the ordinance requires each request to be handled through the Planning Commission. It was noted that the Fire Marshall would need to inspect the building. Ms. Bonham answered that she would be the only beautician in the salon, explaining that she had leased the building in the early 90’s using one side as a residence and the other for a salon prior to the incorporation of the mixed-use ordinance. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. Commissioner Young moved, seconded by Commissioner Howard to approve the conditional use as requested at 120 South Bailey with approval of the Fire Marshall. MOTION CARRIED with Commissioner Gray abstaining. b. Landscaping waiver at 1309 T.P. White Drive Gregory Place Shopping Center Chairman Traylor opened the public hearing at approximately 7:07 p.m. Mr. Greg Mueller, Director of Operations for J.D. Ashley & Associates stated that his firm is working with a large national tenant considering leasing the west end of the building. He stated that the space has approximately 22,000 square feet. He then noted that they became aware through a series of interactions with the City Attorney and Mr. Whisker that the landscaping would become applicable. He stated that according to the Ordinance the requirements of excavation, installation of curb, gutter, and irrigation system would cost approximately $220,000 without a variance. He stated that it is impossible to get enough rent from an older building to justify that kind of landscaping expense. He proposed a lesser degree, presenting a landscaping plan for consideration of variance. He explained that primarily the landscaping would be in front of the space that this tenant would occupy. He noted that the plan would include six islands in the parking lot with trees and irrigation. He noted that the area would have proper landscaping including a strip along the front and west side of the building. He related that landscaping would also be added to the strip along the outer road on the west side with curb and gutter along the main entrance with the addition of trees on the north side. He stated that landscaping is estimated between $65,000 to $80,000. Chairman Traylor closed the public hearing at approximately 7:11 p.m. Acting City Engineer Whisker stated that instead of landscaping the entire parking lot, the owner is proposing to landscape the area in front of the store. He explained that it would encompass almost the entire front corner, which is also the part that is most visible along T.P. White and the corner of Gregory Street. He stated that he feels the proposal is reasonable. He stated that this would also be his argument for the later discussion of the amendment ordinance to landscaping. He explained that it is 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. easier and more cost effective to comply with landscaping requirements with new construction than to come back and incorporate landscaping into existing commercial construction. He stated that this proposal is a prime example of working to get the right ends. Commissioner Young concurred with Acting City Engineer Whisker that in order to meet current landscaping requirements, the owner would have to fill in the entire parking lot with landscaping islands. Acting City Engineer Whisker noted that irrigation would have to cross the entire parking lot to serve all the islands. In response to a question posed by Commissioner Dollar, Acting City Engineer Whisker stated that the 50% mark was lowered when the building remained vacant; adding that when a big remodel was proposed it met the 50% requirement easily. He stated that even though they are only remodeling a section the requirement applies to the entire building as one unit, thus requiring the landscaping of the entire building. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker concurred that if this section of the building were separated from the rest of the building, the proposed landscaping plan would most likely meet requirements. Commissioner Howard moved, seconded by Commissioner Herbold to approve a landscaping waiver as requested for the Gregory Place Shopping Center. Commissioner Young complimented the landscaping plan, noting the opportunity for flexibility built into the present Ordinance regarding the City Engineer to make these approvals. He requested that the proposed denser landscaping across the front of the building be spaced out to freshen the entire face of the building. City Attorney Bamburg pointed out that the ordinance specifically requires the approval of the Planning Commission regarding any waiver or variance. In response to a question posed by Commissioner Brannen, Acting City Engineer Whisker stated that the landscaping requirements would only come into question if the cost of the upgrade is 50% of the taxed assessed value of the land and the building. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. It was noted that the Big Lots store was leased prior to the adoption of the landscaping ordinance and when Citi Trends was leased, the renovations were less than 50% of the value. He related that this would be the first opportunity for the landscaping ordinance to come into play for the building. At this time, MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. PRELIMINARY PLAT Foxwood Gardens PH I Mr. Tommy Bond related that PH I consists of the 10 lots as proposed in the sketch plat located in the northeast corner of the Subdivision. He continued that the concept is for Mr. Wilson to construct three or four model homes in order to sell the rest of the development. He related that a preliminary bill of assurance has been provided that addressed the items previously discussed during Planning Commission meetings. Commissioner Herbold questioned the time frame for constructing the berm, noting the increased noise factor once the trees are removed. Mr. Wilson stated that as soon as the excavation at the end of the phase is completed the berm would be constructed. He noted that one of the pending issues is approval from the Railroad because part of the berm will encroach onto their easement. He stated that it is his plan to build the berm as quickly as feasible, noting that dirt will be removed from what is proposed to be the lake area. He noted a correction in the bill of assurance regarding the architectural committee of Maumelle. Acting City Engineer Whisker answered that sidewalks would be constructed on the street coming into the Subdivision from Foxwood but would not be required in the culdesac areas. He clarified that the sidewalk would be along the extension of Foxwood and turning south and west. He then related that he had spoken with Mr. Wilson regarding the roundabouts being maintained by the property owners association. In response to a question posed by Chairman Traylor, Mr. Wilson noted that the Railroad has not yet been contacted regarding the berm, adding that he intends to approach the Railroad as soon as another issue regarding boring under the railroad tracks is resolved. He stated that even without using the Railroad’s easement he would construct a berm regarding the noise factor. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. In response to a question from Commissioner Young regarding the fences along Loop Road and Northeastern Avenue, Mr. Wilson noted that it would be addressed through the bill of assurance for the next phase of construction. He stated that his hope is to construct the fence of all brick, noting the cost and adding that it will be decided later. In response to a question posed by Commissioner Young, Mr. Wilson stated that the architectural committee is the developer in the beginning, adding that it will then be controlled by the property owners association. Acting City Engineer Whisker stated that the only remaining details involve the street name and which way the houses will face. Commissioner Dollar moved, seconded by Commissioner Herbold to approve the Preliminary Plat of Foxwood Gardens as presented. MOTION CARRIED. b. PRELIMINARY PLAT Red Fox Subdivision Mr. Bond stated that there are a few specific items, namely an easement for a water line, but added that he believes the waterline is going to be removed. He then explained that there is a waterline installed approximately 30 years ago that runs from Madden Road across the Boyd property to this property. He then noted that a fire hydrant located in the middle of the field was removed because it leaked and was never put back. He continued that the Water Department has said they would install a new fire hydrant to service the area and extend the waterline out to tie into Northeastern Avenue as opposed to going across the field. Acting City Engineer Whisker stated the need for a waterline easement if the waterline crosses the east side of Lot 1. He then related that the development would require a 20’ road, explaining that currently it is a 12’ concrete road. He added that the developer is proposing to add 4’ of asphalt on the south end, saying that the Arkansas Fire Prevention Code requires a 20’ drivable surface. He stated that he had requested that the developer add a 4’ rock surface, tapered around the existing manhole that would support Fire Department equipment. He then requested a sanitary sewer easement along the existing sanitary sewer, and a signed easement from the property owners from Northeastern to the property. He then related that he had received the bill of assurance. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. Mr. Bond stated that the signed easement is in production, adding that all parties, except two families, have signed the easement agreement. Acting City Engineer Whisker noted that the signed easement needs to be recorded before the preliminary plat is approved or be stipulated as part of the approval. He stated while these exceptions are minor they need to be stipulated. Discussion ensued regarding the placement of the waterline, and Mr. Bond stated that his understanding was that the Water Department was planning to bring the 6” waterline down the access easement. Acting City Engineer Whisker pointed out that the developer is proposing to add a 30’ radius of asphalt to make a culdesac with a 20’ additional radius making it 50’ of rock for the turnaround. He then explained that the culdesac would be 100’ in diameter, which meets the requirement for all culdesacs of a total of 95’. He explained that the largest vehicles to use this culdesac would be the garbage trucks, yard waste trucks, and the recycling truck. He added that the road needs to support those trucks, saying that asphalt would hold up better. He explained that without curb and gutter along the outside of the culdesac the rock would shift and move. Mr. Bond noted that normal traffic could turnaround on the 60’ asphalt portion of the culdesac. Acting City Engineer Whisker then noted that the larger trucks would need to use the rock portion of the culdesac to make a turnaround. He and Mr. Bond concurred that the street will remain private. Commissioner Young moved, seconded by Commissioner Herbold to approve the preliminary plat of Red Fox Subdivision with stipulations for a waterline easement, sanitary sewer easement, 20’ road, and signed recorded easement for the private road. Mr. Mathew Long of #9 Red Fox Lane questioned the timeline for completion of improvements. Acting City Engineer Whisker related that the preliminary plat approval is good for one year. Mr. Bond related that once the Planning Commission has given its approval the owner is ready to begin work. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. In response to a question posed by Mr. Larry Johnson of #7 Red Fox Lane, Acting City Engineer Whisker answered that Red Fox Lane has always been a private road and the maintenance has always been the responsibility of the property owners. He added that the City would not be responsible for the existing or the new part of the road. He explained that the road is not built to City standards of 27’ back to curb, back to curb with curb and gutter plus a 100’ radius of asphalt. He stated that it is his understanding that the residents along Red Fox Lane never wanted the road to be a public road. In response to a question posed by Mr. Mathew Long, Acting City Engineer Whisker stated that the name of Red Fox Subdivision is a result of metes and bounds property being platted as a small subdivision. He noted that all other properties on Red Fox Lane are a metes and bounds property description and are not a part of the Foxwood Subdivision. He added that he is not aware of any bill of assurance for the existing properties on Red Fox Lane. He stated that any restrictions on the properties would be part of the instrument when the property was purchased. At this time, MOTION CARRIED with Commissioner Gray abstaining from discussion and voting. BUILDING PERMIT(S): Commercial Plot Plan Plat for Internet Marine Sales on T.P. White Drive Mr. Bond noted that this request is similar to the other properties recently platted in that area, adding that the County requires submittal of a commercial plot plan plat. He stated that the plat has been submitted to the County and the property is located just outside the City limits. He stated that a septic tank, absorption field, and Jacksonville water would serve the property. He noted that there was a 2” waterline established at the lot corner approximately three years ago to service Cunningham Motors and this lot. He offered a rendition of the proposed construction, saying that landscaping would be provided. Acting City Engineer Whisker reviewed that a commercial plot plan plat typically means a preliminary plat and site plan approval to start construction. He stated that the last time this was presented to the Planning Commission there was discussion regarding the landscaping and sidewalk ordinances. He noted that this property is four large lots away from the City limits of Coffelt Road. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. In response to a question posed by Commissioner Herbold, Mr. Bond stated that because of the business name and the floor plan of the building, he believes the operation would be sales without maintenance service. He then noted an area that mentions service warehouse with three bays. He stated that his presumption would be that the business would sell boats and prepare them for sale. He stated that the name of the business implies that it is an Internet business and the owner would ship parts. Commissioner Dollar voiced her favor of having sidewalk construction, noting that eventually the sidewalk would provide pedestrian traffic the opportunity to walk to other businesses. Acting City Engineer Whisker supported the concept of beginning a sidewalk network. Commissioner Young stated that the site plan would need to be revised to accommodate landscaping required in the parking area. Mr. Bond noted that the plan would go before the Pulaski County Planning Board at the end of the month. Discussion ensued and Mr. Bond reassured Commissioner Herbold that he did not feel the owner was planning to offer boat repair, but only to prepare new boats for sale and install accessories. Commissioner Young stated that he would suggest that a fence be constructed if the owner stores more than 20 to 25 boats on the property. In response to a question posed by Commissioner Young, Acting City Engineer Whisker noted that there is a restriction to asphalt all parking areas. City Attorney Bamburg stated that those requirements would only extend if the property were inside the City limits, which further extends to the landscaping ordinance and fencing requirements for inoperable vehicles. He offered that part of approval could require that the developer comply with all applicable City codes that could address issues of later uses. Commissioner Evans moved, seconded by Commissioner Howard to approve the commercial plot plan plat as a preliminary plat and site plan for Internet Marine Sales on T.P. White Drive, stipulating sidewalk and landscaping requirements and subject to enforcement of all applicable City code ordinances. MOTION CARRIED. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. GENERAL: a. ORDINANCE 1322 (#21-07) City Attorney Bamburg related that the ordinance is sponsored by Commissioner Young, explaining that the amendment would redefine major renovation from 50% to 25% regarding the assessed value of the property and landscaping requirements. He stated that the amendment would make the ordinance more stringent and applicable in more situations than it is now. Commissioner Young explained that there have been a couple of large companies that remodeled with new facades who did not provide any landscaping. He stated that the amendment’s intent is to capture those instances and have some type of landscaping provided. He stated that the intent of the ordinance is not to discourage remodels or run businesses out of town but to improve the look and appearance of Jacksonville as a whole. He stated that the ordinance triggers the landscaping requirement at a lower tier to provide for a better streetscape. Acting City Engineer Whisker stated that as with the variance earlier, sometimes a specific cost has been figured in. He stated that he feels it would be easier to sell landscaping if there were a cap for an existing business. Discussion ensued regarding the percentage cap to be used for existing commercial businesses. In response to a question posed by Commissioner Howard, City Attorney Bamburg clarified that the existing ordinance requires maintenance of landscaping and enforcement by the City. It was noted that if a minimum percentage cap were adopted into the ordinance, a business would not have to apply for a variance unless it was outside that cap. Commissioner Gray stated that he supports a minimum percentage cap with directions to the City Engineer to work a dollar amount with the developer. He proposed 5% as a minimum level, with a 25% trigger level for the landscaping ordinance. He suggested that the wording be to the effect of “that the improvements be made to completely comply with the landscaping ordinance unless such cost exceed a minimum of 5%.” Mr. Bond offered that the Planning Commission consider a sliding scale. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. Commissioner Gray stated that a $5,000.00 to the $100,000.00 investor might mean more than $50,000.00 to the million-dollar investor. Mr. Bond offered that rather than a flat rate percentage across the board, there should be a 5% minimum for up to a million dollar renovation with a backward sliding scale for over a million dollars. Commissioner Gray pointed out that the inside improvements dictate what is to be done for landscaping on the outside and total landscaping compliance for a large project might be less than 5%. In response to a question posed by Chairman Traylor, Acting City Engineer Whisker explained that because land is so valuable regarding larger projects the 50% trigger did not come into play even though they might have proposed a million-dollar renovation. It was noted that 25% would target more renovation projects. Chairman Traylor questioned if a lower trigger point would prevent business owners from making any kind of improvements to commercial property. Acting City Engineer Whisker offered that to be the reason the Planning Commission acts as the board of adjustment for landscaping and for that reason he is proposing a cap. Discussion ensued regarding the flexibility of the Planning Commission to work with commercial businesses that are trying to comply with landscaping efforts. City Attorney Bamburg clarified that it is a factor of how much will be spent on the remodel or renovation of the commercial business, currently once the 50% value of the property as identified by the assessors office has been triggered it becomes incumbent on the owner to comply fully with the landscaping ordinance requirements. He stated that compliance with the landscaping ordinance may require an astronomical figure because of the cost associated with retrofitting landscaping requirements. Acting City Engineer Whisker stated that he feels the current ordinance was meant more to address new commercial construction. He stated that having a cap is more feasible for a developer 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. figuring costs associated with a large renovation project. He added that he would only propose a minimum cap amount for renovation and not for new construction. He stated that he did not feel that landscaping requirements are a problem for new construction. Commissioner Evans stated that he would support a percentage cap, noting that it would largely prevent variance situations for the Planning Commission to review. Discussion ensued regarding the cap percentage and the limitations of a cap percentage. Commissioner Young stated that he would not mind having the Planning Commission review variance requests on a case-by-case basis and moving the trigger point from 50% to 25%. Chairman Traylor noted that if the trigger point were lowered it would increase the instances of variance request. Acting City Engineer Whisker noted that in most cases any shopping center that does a good paint job and slight renovation on the inside for a new tenant would trigger the 25%. In response to a question posed by Commissioner Young, Commissioner Gray answered that while the buildings are becoming cheaper the renovations on the inside are costing 25% to 50% as much as what the building is valued. He added that there is no exact rule of thumb. Acting City Engineer Whisker stated that most renovations would trigger the 25% more often than not. Commissioner Herbold voiced his support for setting the percentage at 10% with an opportunity to grant a variance. Acting City Engineer Whisker stated that in some cases it would still hinder owners from doing additional improvements to prevent triggering the landscaping ordinance and having to meet even a 10% landscaping cost. Commissioner Young stated that it is his understanding that the Commission is in favor of lowering the percentage basis from 50% to 25% to capture smaller commercial renovation projects, adding that a cap percentage could be incorporated into the ordinance by the City Council if desired. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 8, 2007 7:00 P.M. - 8:25 P.M. Commissioner Evans stated that if the Planning Commission begins to see an increase in variance requests a determination could be made to develop a landscaping cap percentage. Commissioner Evans moved, seconded by Commissioner Dollar to recommend to the City Council the adoption of Ordinance 1322 (#21-07) as presented. MOTION CARRIED. b. Appointment to Board of Adjustment for remainder of 2007 Commissioner Evans volunteered to serve the remainder of 2007 on the Board of Adjustment, filling the unexpired term of former Commissioner Mark Stroud. ADJOURNMENT: Chairman Traylor without objection adjourned meeting at approximately 8:25 p.m. Respectfully submitted, _________________________ Susan L. Davitt 12