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96 APR 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, Art Brannen, Mark Perry, John Hardwick and Jack Patton answered ROLL CALL. Chairman Bart Gray, Jr. also answered ROLL CALL and declared a quorum. Commissioner Foster was absent. PRESENT Eight (8), ABSENT (1). Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane Reel, Engineering Secretary Marci Wilson, Parks and Recreation Commissioner Bob Stroud, Metroplan Representative Mr. Richard Magee, Economic Director Phil Sullivan and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Dornblaser to approve the minutes of the Regular Planning Commission Meeting of March 11, 1996 with the following correction noted on page seven; "At this point the Board of Adjustment would be the body to address variances from those restrictions of the zone in which the conditional use is located, however, the request for a waiver would have to be something specifically tied to the land etc." MOTION CARRIED. DEVIATION IN AGENDA: PUBLIC HEARING(S): Rezone 10 Acres located West of Dupree/East of 67-167 from R-1 to C-4. Chairman Gray opened the public hearing at approximately 7:05 p.m. and stated the request by Real Estate Central. Mr. Byron McKimmey related that Mr. Tommy Hansen is the proposed purchaser of the property and that his intention is to use the property for a golf driving range and the amenities that would go along with that theme such as sale of golf equipment, go carts, batting cages, etc., adding that it would not be in conflict with current area use. He related that the entire 10 acres would be used for this project. After entertaining comments from the audience, Parks and Recreation Commissioner Bob Stroud offered the following comments. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. Commissioner Stroud stated that tow primary concerns of the Park and Recreation Commission are safety and aesthetics, adding that the Commission is conditionally receptive to proposed plans. The following points were given as part of the recommendation from the Parks and Recreation Commission: The property only be rezoned with restrictions to allow any current or future owners to only have business operations compatible with recreational activities normally found at Dupree Park. Any business that can be reasonably seen as being recreation, sports, fitness or any other type of "family oriented" leisure related service would be looked upon favorably. That access through Dupree Park continue to be denied. The owner should be required to build at his expense, a new road not going through Dupree Park. This may include the possible widening, by one lane, of the entrance into Dupree Park from Redmond Road. A land swap may be necessary to compensate for City property used to build the new private access road. Noise and light levels should be established as not to spoil the recreational experience at Dupree Park. The owner build an 8 ft. tall fence separating Dupree Park from any future business venture. High standards of "fence maintenance" should be established. Any facility design and construction be done in such a manner as to minimize tree loss. Dupree Park utilities should not be degraded in any way. Preliminary plans be submitted to the Jacksonville Parks & Recreation Commission for review and comment prior to approval by the Jacksonville Planning Commission. Commissioner Stroud related that he would not like to see the property rezoned and then another business set-up under that zoning that would not be compatible with the current activity of the area. He stated that a recreational/sports related activity would be an asset for the City. He said with regard to concerns, that a "conditional rezoning" or something of that nature would be receptive with the Parks and Recreation Commission. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. Chairman Gray closed the public hearing at approximately 7:11 p.m. and invited comments from the Commission. Commissioner Dornblaser related that the area in question is zoned R-1 by the Comprehensive Development Plan and that the Planning Commission is bound by that plan, adding that the Commission cannot address the rezoning without a public hearing to first address a change of the Comprehensive Plan. Chairman Gray stated that according to the Land Use Map adopted by the City of Jacksonville the area lends itself to residential zoning. Commissioner Elliott commented that the Land Use Map needed to be changed through the process of a public hearing and then recommended to the City Council for adoption. Chairman Gray confirmed, adding that a commercial rezoning would be contrary to the Land Use Plan. He said that a residential rezoning follows the Land Use Plan, however, a commercial re- zoning would require a change of the Land Use Plan. Chairman Gray responded to a question posed by Mr. McKimmey by explaining that the Land Use Plan has not been recently changed. Mr. McKimmey questioned the necessary course of action he needed to follow. Chairman Gray related that Commissioner Dornblaser raises a technical point which prevents the Planning Commission from acting favorably on the rezoning at this time. He suggested that Mr. McKimmey withdraw his rezoning request and the Planning Commission consider a change of the Land Use Plan. At this time Mr. McKimmey formally withdrew his request. Chairman Gray directed Mr. McKimmey to work with the City Attorney with regard to procedure for his request to rezone. Further discussion ensued as to changing the Land Use Plan and City Attorney Bamburg advised Mr. McKimmey to contact him regarding setting a public hearing. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. REQUEST TO SET PUBLIC HEARING(S): Chairman Gray noted that there were no requests to set public hearings. He then questioned if it was concluded from the previous Planning Commission meeting that "Request to Set Public Hearing(s)" be removed from the agenda as a standard item. He stated that it is considered addressed and will be removed from future agendas. RESUME AGENDA: REQUEST TO APPROVE BUILDING PERMITS: Bethel Baptist Church 112 Jeff Davis Chairman Gray introduced the plans for a new sanctuary building at the same location as the church. City Engineer Reel related that capacity for three hundred people would require seventy five parking places. He pointed out that there are sixty spaces available on site, adding that they have obtained letters from adjacent property owners granting them permission to utilize that adjacent property for overflow parking. He stated that Bethel Baptist will submit construction plans if they receive approval to build, adding that the area is zoned R-1 which supports church activity. In response to a question posed by Commissioner Dornblaser, City Engineer Reel related that for future permanent parking the church is planning to purchase an additional lot in the area. City Engineer related that the proposed rear yard setback of twelve feet will require a waiver and that the side yards are twelve feet while the code only requires five for R-1. It was then established that the area in question is actually zoned C-2 and that the rear yard setback requirement is fifteen feet and the side yard setback requirement is twenty feet or ten feet plus a ten foot alley. City Engineer Reel related that this would require a three foot waiver on side yard setback and an eight foot waiver on rear yard setback. Chairman Gray pointed out that waivers would need to be addressed by the Board of Adjustment. Discussion ensued regarding moving the rear yard set back east three feet and the effect this might have on parking. Effects of moving the front yard setback were then discussed and City Engineer Reel related that there is a five foot easement which runs along the south end of the lots. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. Chairman Gray pointed out that the Board of Adjustment will also be the body to address the waiver for required parking spaces. It was related by Commissioner Elliott that the church owns the 100' X 200' lot directly across the street which might provide necessary additional parking. Chairman Gray related that the focus for the Planning Commission deals with approval of general location subject to required waiver approval from the Board of Adjustment. It was clarified that the lot owned by the church is on the corner of Garland and Jeff Davis. Commissioner Elliott moved, seconded by Commissioner Dornblaser to approve the building permit for Bethel Baptist Church with the stipulation that necessary waivers are approved by the Board of Adjustment or construction meet with zoning requirements. MOTION CARRIED. REQUEST TO APPROVE PLATS: FINAL PLAT Fair Oaks Subdivision City Engineer Reel related that the letter of acceptance has been received from the Water Department and is forthcoming from the Wastewater Department. He related that construction of the streets is completed and that the plat is in accordance with the revised preliminary plat previously submitted which eliminated one culdesac. He stated that the street named Christy Lane will need to be changed due to duplication. Chairman Gray and the Commission reviewed the Bill of Assurance. It was pointed out by Chairman Gray in review of paragraph three that the principal minimum dwelling size for lots 19 thru 35 should read 1850 square feet and that in paragraph four, line eight, it should read 25 ft. behind the rear lot line. Chairman Gray question the drainage plans; City Engineer Reel related that design function would better accommodate an overflow if needed. He said that the ditch is actually over designed and will additionally act as a retention area allowing for excess water to build-up while holding back flow down stream. He pointed out the ease of maintenance for the City and disclosed that there are no safety or liability concerns. It was noted that the lot setbacks are thirty-five feet. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. Chairman Gray questioned the division of some lots into two parcels. City Engineer Reel related that the buyer will be deeded both parcels, however, the construction plot plan only would be of the lot not located in the flood plain and would thus not require flood insurance. He related that insurance companies and FHMA require flood insurance if any part of the lot touches the flood plain. He said that the building pads are raised above the hundred year flood plain, adding that this type of development has also occurred in Woodland Hills. Chairman Gray question if the Bill of Assurance would need to include a clause stating the intent of seller to deed both parcels at the time of purchase, adding his concern for later abandonment of the parcel located in the flood plain. He explained that the properties need to be tied together. City Attorney Bamburg offered the following solutions, stating that a covenant be placed in the deed regarding affected lots or included as paragraph in the Bill of Assurance requiring the same. He related that if included in the Bill of Assurance it is of a recorded nature, which will satisfy the title and mortgage companies. Commissioner Dornblaser expressed concerns regarding the area and square footage requirements for the new development. Discussion ensued as to liability issues with regard to FHMA requirements and City involvement. Chairman Gray related that the main concern of the Planning Commission would be to make sure that the lots with an accompanying F designated lot be indivisible, because the F lots do not meet the zoning or subdivision requirements and should actually be indivisible from the primary lot. He stated that the two parcels need to be "land locked" together. City Attorney Bamburg related that the Bill of Assurance expires January 1, 2026 and will be obligated at each transfer to the new owner. Discussion ensued as to the base flood elevation of the development and other development factors with regard to FHMA certifications. Commissioner Elliott complimented the developer regarding drainage 6 issues as well as the elevation design of the project. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. Discussion ensued as to lots 1 and 47 not being allowed access onto Main Street. Chairman Gray acknowledged that the Bill of Assurance should address the issue of tieing the partial F designated lot with its primary lot and denying drives or accesses from lots 1 and 47 onto Main Street. Discussion regarding verbiage used in the Bill of Assurance i.e. "trucks" suggesting the many meanings it could carry. Commissioner Elliott moved to approve the final plat with the stipulation that the Bill of Assurance directly address lots 1 and 47 as having no access onto Main Street, a paragraph addressing the joint lots with an F designated partial lot remaining with the primary lot, and that the subdivision meet with FHMA certification. Discussion ensued as to procedure involving the removal of lots out of the flood plain by FHMA. It was noted that the subdivision could be approved but not recorded until FHMA released those lots requiring an F designation or removal from the flood plain. City Attorney Bamburg clarified that if the lots located in the flood plain are not removed by FHMA then those lots will have to be recorded with the F designation. City Engineer Reel related that the lots have been raised above the flood plain, adding, however it has not officially been recorded as such. Chairman Gray question the feasibility of recording the subdivision in phases, which would enable the developer to continue and provide time for FHMA to consider the other lots that need to be removed from the flood plain. Discussion ensued as to the time factor involved with FHMA response. It was the consensus of the developer and the Commission that with regard to the time factor and phasing issue, the subdivision would be approved now and then recorded when FHMA reviews the lots and removes them from the flood plain. It was noted that none of the lots could be sold until recorded and that the developers intent is to have FHMA certification before recordation occurs. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. Commissioner Elliott moved, seconded by Commissioner Dornblaser to approve the final plat with the stipulation that the Bill of Assurance directly address lots 1 and 47 as having no access onto Main Street, a paragraph to address that any joint lots with an F designated partial lot remain with the primary lot and that the subdivision meet with FHMA certification or those lots (primary & secondary) be recorded with an F designation. In response to a question posed by the petitioner, Chairman Gray and Commissioner Elliott clarified that lots 36, 37 thru 47 (any primary and secondary lot) in the subdivision cannot be recorded without the F designation on the entire lot until it is certified by FHMA as being out of the flood plain. It was then noted that if recorded as being in the flood plain; a re-plat or amended plat would have to be submitted to change that recordation. AT THIS TIME THE MOTION CARRIED. b. FINAL PLAT: Paradise Industrial Subdivision In response to a question posed by Chairman Gray, City Engineer Reel related that Mr. Hogan subdivided his property and dedicated an estimated 70 feet on the east side to the Redmond Road right- of-way. He related that service lines for water and sewer will come from Redmond Road and that an easement on the south side has been acquired for access to the property, which is part of a 100 foot power line right-of-way. Discussion ensued regarding setbacks and the proposed construction. It was noted that the property is zoned M-2, which supports his C Classification request. Commissioner Dornblaser moved, seconded by Commissioner Reid to approve the final plat of Paradise Industrial Subdivision as submitted. MOTION CARRIED. PRESENTATION: Metro-Plan representative Richard Magee In response to an opening question from Commissioner Elliott, Mr. Magee related (regarding the issue of the primary and F designated secondary lot) that once you divide a lot as such, you need to look at and be careful of the long term ramifications. He then questioned how that would be described legally. He stated that there can be problems with recordation which could make long term tracking difficult. He stated that if recorded as two separate 8 lots then a sub-standard lot has been created. He related that CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. even though it is requested by the City in the Bill of Assurance, only the property owners can enforce it. He related that if the Planning Commission is denying access from certain lots onto Main Street it is a good idea to have the plat reflect this, as well as stated in the Bill of Assurance, so that the City has the right of enforcement. He questioned the possibility of an owner selling the back lot at a later date. Mr. Magee stressed the importance of looking at the long and short term implications involved with platting and zoning. He warned that sometimes incremental decisions that work great in the short term can turn out to be disastrous in the long term. He suggested talking out the zoning issues in a broader context; such as the impact it might carry for the whole area instead of that specific parcel. He offered that this could possibly bring up questions of access and infrastructure. He stated that a good question to sometimes ask yourself is "how can we achieve this and still meet the goals of the City" adding, which might mean amending the zoning ordinance instead of rezoning. He stated that if recreational use is only allowed in C-1 and C-2 the Planning Commission might want to consider changing the zoning requirements which would allow recreational to fit under agricultural or possibly in residential zones as a conditional use, adding that the Planning Commission has the freedom to re-define the zoning ordinance. In response to comments made by Commissioner Elliott, Mr. Magee related that the broader context of having a public hearing offers the Planning Commission a chance to debate issues regarding the land use map, adding that petitioners have the right to ask the City to look at and consider such changes. He related that there is a number of ways to deal with the issues and still achieve the broad public policies that are contained in the comprehensive plan. In response to a comment made by Commissioner Dornblaser, Mr. Magee agreed that if recreational uses were included in conditional uses in residential zones, the land use map would not need to be changed. Chairman Gray offered that land surrounding and joining City parks could be addressed with a conditional use for commercial recreation purposes. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. Comments were made regarding granting a conditional use instead of rezoning the property, which would effectively protect future use of the property. Options regarding changes of the zoning ordinance were offered by several of the commissioners; the general consensus being that residential zoning could include C-1 activity which allows for recreational use as a conditional use. Commissioner Hardwick questioned the R-1 zoned property being located in the flood plain and its feasibility for development. Mr. Magee related that development for residential purposes would require certain standards which would require the development to be one foot above the flood plain elevation. Commissioner Dornblaser raised concerns regarding curb cuts onto main streets, citing a newspaper article regarding problems faced by the City of Conway during a rapid growth period. He went on to say that a plan regarding multiple small developments and their accesses need to be addressed, keeping in mind the five lane development currently under construction in Jacksonville. Mr. Magee related that the comprehensive plan is regarded as a public policy statement and would address those kinds of issues. He related that changes to the comprehensive plan need to be reflected on the land use map. He pointed out that the adopted comprehensive plan for Jacksonville recognized the widening of First Street and still mantained the policy to leave that property for residential use. He cited care and capacity of the roadway to operate in a manner that it would carry not create traffic as the reason the area remained residential. He related that Commissioner Dornblaser's point is well taken regarding not making incremental decisions, which can create problems long term. Chairman Gray suggested that the Planning Commission take the opportunity to review the entire comprehensive plan since part of it will be reviewed for the McKimmey request. Discussion ensued as to accommodation of the Byron McKimmey request through a conditional use and the completion of City projects which would warrant review of the land use map. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. In response to a question posed by Commissioner Dornblaser, Mr. Magee related that if a petitioner requests a rezoning from residential to commercial while the land use map and the comprehensive plan (public policy statement) suggests that the area be zoned residential; the Planning Commission has the right to deny the request. Mr. Magee related that with regard to existing platted areas such as on North First the Planning Commission needs to look at balanced zoning requirements (square footage for commercial zones against its current legally platted status as a lot). He related that the Planning Commission can deny a rezoning request until developers acquire more than one lot in order to meet with commercial minimum lot standards. He stated that this may mean the developer may have to acquire two lots and have it replatted to meet with those standards, adding that this would decrease the number of access points and increase control over ingress and egress. He related that this is not an easy option for most cities. He stated that commercial entities who realize they do not meet with commercial lot standards will sometimes negotiate with adjacent property in order to bring the property into conformance before submitting it to the Planning Commission who can simply deny the request until the standards are satisfied. Chairman Gray requested information regarding roles of the Planning Commission and the Board of Adjustment. City Attorney Bamburg related that as the ordinance exists, the Board of Adjustment is the authoritative party. He related that if the Planning Commission desires to change the status of the ordinance, a public hearing will need to be held by the Planning Commission and any recommendations thereof would need to be sent to the City Council. It was clarified that the Board of Adjustment would carry the authority to address those items as listed by Ordinance in the Jacksonville Municipal Code Book dealing with setback, variances, and height requirements. It was further discussed that the Planning Commission would become the authoritative body to address conditional uses of property. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 1996 7:00 P.M. - 9:05 P.M. Commissioner Dornblaser moved, seconded by Commissioner Brannen to set a public hearing to modify Ordinance 1048 with regard to conditional uses as being addressed by the Planning Commission and dimensional requirements as listed on page 304 in the Jacksonville Municipal Code Book as being addressed by the Board of Adjustment. City Attorney Bamburg interjected at this point and asked the Planning Commission if there were any other issues they would like to have addressed in the proposal to modify the ordinance? He pointed out that the master street plan and the designation for streets is limited and out of date with regard to classification. He asked if the Commission would rather look at a more comprehensive scope of other changes at a later date. The general consensus of the Planning Commission was to host a public hearing at the next regularly scheduled Planning Commission meeting and proceed with recommended modifications to Ordinance 1048. Chairman Gray stated that a delay would be a general dis- service to the petitioners as well as any Commission and Board having to address the issues. City Attorney Bamburg related that he would draft some language information and have it included in the next agenda packet. At this time the MOTION CARRIED. ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 9:05 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 12