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08 MAY 12.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2008 7:00 P.M. - 7:37 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on May 12, 2008. Chairman Traylor opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. He then introduced new City Planner Chip McCulley. ROLL CALL: Commissioners Art Brannen, Charles Evans, Bart Gray, Jr., Chad Young, 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, City Planner Chip McCulley, Alderman Reedie Ray, Alderman Bob Stroud, Mr. Tommy Bond, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Howard moved, seconded by Commissioner Brannen to approve the minutes of the regularly scheduled Planning Commission meeting of 10 March 2008. MOTION CARRIED. PUBLIC HEARING(S): CONDITIONAL USE 403 Boston Street regarding a church in R-1 zone Chairman Traylor opened the public hearing at approximately 7:01 p.m. Petitioners Carwin and Carolyn Baker addressed the Commission; Mr. Baker expressed his and his wife’s desire to utilize their garage as a church. He related that they have a small congregation of approximately nineteen people. He explained that parking is proposed for the driveway, noting that many would walk to church. He stated they feel strongly about starting a church and hope that the Planning Commission will grant the request in recognition that this generation is falling downhill. He stated that the church would be geared toward helping the youth and elderly. He stated that they plan to have youth involved in community activities that would keep them headed in a positive direction. With no one to speak in opposition, Chairman Traylor closed the public hearing at approximately 7:04 p.m. Commissioner Gray stated that he originally questioned the need for a conditional use until he understood that it involved nineteen people in a residential area. He explained that the 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2008 7:00 P.M. - 7:37 P.M. Planning Commission has routinely allowed churches to be built in residential areas regarding facilities to accommodate a growing congregation. He then noted that even in-home (residential) daycares have regulations that limit the number of children that can be kept. He explained he would have concern for that number of people gathered regularly in a residential environment that is not physically suited for a congregation. He stated that his concern would be for a proper facility, even if it were an open- air tent where people could worship. He stated that if there were that many people coming to a residence on a Wednesday night during the specified service hours, it could perhaps grow, which of course would be a good thing, but it would need to move to a larger facility. He stated that an open-ended conditional use could be a concern. Commissioner Charles Evans issues concerns regarding fire code restrictions, parking, and noise factors. Commissioner Howard offered information forwarded from Fire Marshall Mike Williams stating, “I am writing you this letter in response to your question concerning a church meeting in a residential home. This would be in violation of Arkansas Fire Prevention Code. Common homes are not rated, nor do they have the necessary safety features needed for a church. Chapter 10 of the Arkansas Fire Prevention Code states that a residential house is only allowed one person for every two hundred square feet of space. In order for this property to be considered a church, the property would have to be reclassified with all the necessary safety features.” Commissioner Howard stated that he had spoken with Fire Marshall Williams regarding those concerns; he stated that can appreciate Mr. Baker’s efforts, but feels it is not the proper place for a church. Commissioners Herbold and Young commended the Baker’s efforts. Mrs. Baker then answered Commissioner Young, that most of the congregation live in the neighborhood and that there would not be more than two or three cars that would be parking. Commissioner Young questioned if there would be any action needed regarding a situation where people come to a house for a meeting. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2008 7:00 P.M. - 7:37 P.M. City Planner McCulley related that a conditional use is much like a rezoning in that it conditionally allows uses of the property, explaining that if granted the Bakers could decide to quit living in the house and turn the home strictly into a church. He went on to say that there are no restrictions against meeting regularly such as when residents have friends visit. He stated that calling it a church with regularly scheduled meetings prompts the need for a conditional use within a residential subdivision. He acknowledged that there is some gray area associated with holding meetings at a residence or calling it a church and holding services. He further explained that if a resident were holding regular meetings and their neighbors called the City to complain, the Code Enforcement officers would investigate. Mr. Baker answered Chairman Traylor that currently they are holding service on Sundays. Mrs. Baker offered that it has been a positive experience with the neighborhood. Commissioner Tom Evans questioned what the Bakers felt would be an appropriate growth number that would prompt them to relocate their church to another facility and their short or long-term plans to locate another facility. Mr. Baker stated that within the next three months he would like to move into a bigger building when the attendance grows to approximately 30 to 35 people. Mrs. Baker offered that her feeling would be once attendance is over 20; services should be moved from the home. She then noted that currently most of the 19 attendees are children. Commissioner Evans clarified if the Bakers meant 20 adults with children. Mr. Baker stated that he had been looking for an available facility. Commissioner Howard offered that the Senior Center rents facility space for church services. Mr. and Mrs. Baker reiterated their desire to help the community through youth activities. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2008 7:00 P.M. - 7:37 P.M. Commissioner Tom Evans commended their intentions to help the community and youth, adding that the Commission’s concern is the feasibility of operating a church from a home. Mr. Baker stated that he is looking to expand operations and would begin looking for a proper facility. Discussion ensued as to petitioners withdrawing their request and the event that would provoke investigation by Code Enforcement. City Planner McCulley offered that the Fire Code addresses the safety issues regarding groups of people who meet regularly in assembly, explaining that this is the type of situation the Fire Code is designed to address. Otherwise, he stated that if Mr. Baker had not made it known to the City and the group continued to meet without incident or complaint, the City would not have had cause to be involved. He added that it is difficult for the City to pretend these circumstances do not exists once being made aware of safety and life issues. He stated that he would be willing to offer his and his Department’s services to help the Bakers locate an alternative location. Other suggestions to locate a proper facility for assembly were offered. Commissioner Howard moved, seconded by Commissioner Brannen to deny the request for a conditional use of a church at 403 Boston Street. Mr. and Mrs. Baker requested to be allowed to withdraw their request. Request to withdraw granted. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT The Meadows Subdivision Final plat for the Meadows Subdivision removed from agenda per petitioner. b. FINAL PLAT Chick-fil-A Subdivision Mr. Paxton Singleton of Global Surveying Consultants offered his representation for clients PBS&J. He noted that the Chick-fil-A Subdivision is a one-lot subdivision that is .788 acres on North First Street in the “old Wal-Mart shopping center”. He stated that the building does meet setbacks, noting a protected area and access easements. He offered a further definition of the access easements, pointing out private drainage facilities located on the existing shopping center, which are shown on the plat. He stated that the restrictive use and covenants might be removed. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2008 7:00 P.M. - 7:37 P.M. City Planner McCulley stated that the plat has met all bulk and area requirements, adding that there have been questions regarding the protected area. He pointed to a hatched area on the power point presentation of the plat, stating that this area is not being purchased from CK Partners but will be used for parking. He pointed out that the developers are going beyond their property line to perform improvements to the parking area with islands and landscaping. He stated that approval is recommended. He then answered that the TCBY building would be demolished, adding that the curb, gutter and parking area will all be new construction. It was clarified that the one lot subdivision meets all criteria. Commissioner Brannen moved, seconded by Commissioner Charles Evans to approve the Final Plat of Chick-fil-A Subdivision as presented. MOTION CARRIED. BUILDING PERMIT(S): SITE PLAN Chick-fil-A Mr. Todd Rogers of PBS&J stated that he would be representing Chick-fil-A as his client. City Planner McCulley stated that the site plan proposes a 3,921 square foot restaurant on approximately 0.79 acres. He reiterated that the proposed plan would encompass the demolition of the old TCBY building. He stated that much like the plat, the site plan met most City’s requirements. He pointed out that a sidewalk would be added along the frontage of North First Street. He noted the site plan being presented does include the extended sidewalk. Commissioner Young confirmed with City Planner McCulley that the only modification to utilities is the new storm drain inlet. City Planner McCulley concurred, saying that the new storm drain inlet would be located on the south side of Chick-fil-A. In response to a question posed by Commissioner Gray, City Planner McCulley answered that 37 parking spaces are required, explaining that Chick-fil-A will have two rows of parking to the north in the protected area acquired through a lease agreement. Mr. Rogers noted that within the property boundary there are 39 parking spaces, making for a total of approximately 83 parking spaces, including handicap spaces. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2008 7:00 P.M. - 7:37 P.M. Commissioner Young questioned if the area in front of the protected area would be newly sodded. He clarified that he is referring to the area between parking and North First Street. Mr. Rogers stated that he did not have the landscaping plan with him because it is outsourced, but felt that it would not be a problem to add that to the plan. City Planner McCulley clarified that because the area in reference is not a part of Chick-fil-A’s property the City cannot enforce improvements such as a sidewalk. Discussion ensued and it was determined that the area in question is approximately 100’ across North First Street. Landscaping requirements were noted to become a requirement when a certain percentage of improvements are being proposed. City Attorney Bamburg suggested that the lease agreement could be modified to include the 100’ strip regarding improvements. Commissioner Gray stated that the owner of the shopping center should be requested to make those improvements for the public good and for the appearance of the property. He stated that he is not sure that extending the sidewalk even to the next curb cut entrance would be a practical improvement for the shopping center, but he would like to see that improvement made at this time, given future considerations for sidewalk construction. Chairman Traylor clarified with Mr. Rogers that the island improvements in the protected area are being proposed by Chick- fil-A. Mr. Rogers related that there are proposed sod and shade trees for the new islands in the protected parking area, but not in the strip being discussed. He added that he feels, as a good community partner, Chick-fil-A would be favorable to adding the extended sidewalk either/or landscaping requirements. City Planner McCulley clarified that the City is working with the developer regarding that area and has opted for the extended sidewalk, explaining that the City will follow with construction of handicap ramps. He stated that it was discerned that raised planters with trees would better serve landscaping purposes and the sidewalk would be better option versus landscaping in the area in front of North First Street. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 12, 2008 7:00 P.M. - 7:37 P.M. Commissioner Young moved, seconded by Commissioner Herbold to approve the site plan for Chick-fil-A as presented, stipulating that an agreement be worked through City Planner McCulley regarding final approval of landscaping and sidewalks. MOTION CARRIED. GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Traylor without objection adjourned the meeting at approximately 7:37 p.m. Respectfully submitted, _________________________ Susan L. Davitt 7