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96 JUL 08.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. OPENING REMARKS: Vice Chairman Brannen opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Kenny Elliott, John Hardwick and Jack Patton answered ROLL CALL. Vice Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT Five (5), ABSENT (3). Others present for the meeting were Deputy City Clerk Susan L. Davitt, City Engineer Duane Reel, Engineering Secretary Marci Wilson, petitioners and members of the press. PUBLIC HEARING(S): 7:02 p.m. Vice Chairman Brannen introduced proposed changes to the land use map. City Engineer Reel related that when the property was annexed into the City it carried single family, commercial, mobile home and manufacturing zoning, adding that as the Foxwood area developed those areas zoned R-4 were changed to single family residential. He pointed out that the area on the east side of the Union Pacific Railroad was brought in as (M-1) light industrial zoning, however, in looking at the general area it appears that industrial would not be a conducive use for the land. He then pointed out that Loop Road is not designed to carry heavy loads of traffic common in manufacturing operations and expressed safety concerns for the small area lending itself to a manufacturing use. His recommendation to the Planning Commission regarding the general area is that of a residential use. Mr. Jack Wilson, a local developer, addressed the Planning Commission and stated that he employed consultant Dwight Patterson to present a proposal regarding consideration for the area. Mr. Dwight Patterson related that his proposal addresses the requested change in the land use map and a rezoning request from Mr. Jack Wilson. He presented a copy of the proposal to the Planning Commission members (a copy of this report is on file in the office of the City Clerk). Analysis of the existing zoning map and the flood map along with the proposed zoning recommendation for the land use map were included in the report. He related that the proposed development would not alter or interfere with the flood plan of the area. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. Discussion ensued as to the general or specific area advertised for land use change. The advertisement was read by the City Clerk Lu Leonard who noted that it encompassed the general area as well the parcels requested for rezoning. Mr. Patterson suggested that any zoning changes for the surrounding property would need to be specifically advertised to achieve maximum public input. Vice Chairman Brannen entertained comments for the general public regarding opposition to the change of the land use map. Mr. Charles Evans questioned if it would be better to change the area from manufacturing to mobile homes. Vice Chairman Brannen clarified that the issue of specifically rezoning the property to R-4 is not the subject of the public hearing but to consider changes in the land use map from a manufacturing to a residential zoning. Mr. Evans related that he understood the request to be for a mobile home zoning. Mr. Kevin Perdue of 104 Foxwood Drive expressed that he is not against a residential development in the area as opposed to a light industrial zoning. However, he related that he, along with several other Foxwood homeowners, are concerned about the quality of the proposed development. Mr. John Garnett asked the reasons for changing the area from industrial to residential and the benefit? Vice Chairman Brannen related the need for more residential areas in the City mentioning a tax base increase. Mr. Garnett questioned if there was a real probability of a manufacturing operation starting in the area and how the area would be zoned if the land use map is changed to reflect residential use. Vice Chairman Brannen asked if there were others to speak. There being none, the public hearing was closed at approximately 7:24 p.m. In response to a question posed by Commissioner Hardwick, City Engineer Reel explained the effects of residential versus industrial traffic regarding the area and development. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. Commissioner Reid questioned the benefit of having the list of M-1 permitted use read. Vice Chairman Brannen read from the Jacksonville Municipal Code Book stating the purpose for establishment of an M-1 district and its permitted uses as listed on page 299 - 300. Vice Chairman Brannen invited further discussion. There being none, the following motion was made. Commissioner Reid moved, seconded by Commissioner Hardwick to change the land use map regarding the South 1/2 of Sec. 16, east of the Union Pacific Railroad and the North 1/2 of Sec. 21, east of Loop Road from manufacturing to residential. ROLL CALL: Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted AYE. (0) voted NAY. b. Rezoning of two tracts of land north of Loop Road and east of Foxwood Subdivision and the Union Pacific Railroad to an R-4 zoning. Vice Chairman Brannen opened the public hearing at approximately 7:40 p.m. Mr. Dwight Patterson pointed out that there would be a 100 foot buffer along the east side of the railroad. He stated that the central portion of the rezoning is the proposed area for development, adding that the owner would like to see control exercised regarding the development. He suggested that the Bill of Assurance could address development controls and future land use concerns. He related that the lot size would be approximately 80 foot by 100 foot. Mr. Roland Roy a local real estate agent related concerns regarding negative connotations associated with this type of development and possible devaluation of property values in Foxwood. He stated that there are approximately 73 viable acres available, and suggested that the area be used to develop quality housing. Mr. Kevin Purdue stated that he also has concerns for the property values of the homes located in the Foxwood Subdivision, adding that he wanted to see the property zoned for single family homes. Mr. Charles Evans stated that his feeling is that the Planning Commission has made its mind up prior to the meeting without 3 consideration from Foxwood residents. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. Mr. Gene Bowman stood in opposition and voiced concerns over a mobile home development in that area and Foxwood property values. In response to questions posed by Mr. Charles Siegismund, 1400 Foxwood Drive, it was related that the lot size would be approximately 80 feet by 100 feet with the average size of housing unit between 1000 to 1600 square feet. He questioned roads into the development and stated that he is opposed to paying a tax for road construction regarding the proposed development. Mr. John Garnett stated that he did not feel this type of development to be very beneficial to the tax base, adding that R-1 zoning would be best for the area. Mr. Larry Burton reiterated the concerns for property values in the Foxwood Subdivision if the proposed property is rezoned to R- 4. He urged the Planning Commission to ensure growth and longevity for the community. Mr. Jack Wilson asked for the opportunity to explain his position to those in opposition, stating that he developed approximately twenty lots in Foxwood Subdivision that back up to the railroad and that he owns the last twenty-five acres to be developed in Foxwood. He related that he did not understand how the Foxwood residents could feel that the new development could devastate Foxwood, adding that the buffer zone on both sides of the railroad tracks total 300 feet with no possible way to get from the proposed development directly into Foxwood and that the two developments are not visible to each other. He related that property in the Foxwood Subdivision previously held an R-4 zoning for many years before being rezoned to R-1. He pointed out what his investment interests in the Foxwood Subdivision are. He stated that there is an obligation from builders and the Planning Commission to all people in providing housing needs. He related that he does not feel that this is the type of development that would hurt any city and that a two thousand square foot house like those in Foxwood are not affordable by everyone. He stated that an R-1 zoning could accommodate an 800 square foot house, adding that he did not understand if the concern was over manufactured housing or size of the homes. Mr. John Garnett voiced concerns regarding Foxwood property investments. Mr. Gene Bowman stated that he did not feel that smaller homes 4 built in Foxwood affected his property value. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. Vice Chairman Brannen closed the public hearing at approximately 8:15 p.m. and opened discussion to the Planning Commissioners. Mr. Wilson explained, in response to a question posed by Commissioner Elliott, that a modular home is very much like a stick built house which is brought to the site in cubicles or panels then assembled while a manufactured home is pre-built in complete modules more similar to a double-wide type trailer construction. He related that the proposal includes both types of housing in the proposed subdivision. Commissioner Elliott related that the Jacksonville Municipal Code addresses a modular home as a "manufactured home" which is brought in pre-constructed, adding that what Mr. Wilson addresses as a modular home is more like a panelized home by definition. He related that he did not feel comfortable with the developer granting the Planning Commission control over the Bill of Assurance, pointing out previous difficulties experienced by the Planning Commission regarding issues dealing with Bills of Assurance. He related concerns over the R-4 zoning being granted for this type of development. Mr. Wilson agreed that the R-4 zoning may need to be looked at and changed offering protection from future abuse. He stated that if a subdivision is opened for modular construction it does not need to include approval for trailer park operation, adding that under current codes the Bill of Assurance was offered as a protection device. Commissioner Hardwick agreed that it is unfortunate that R-4 encompasses the varied types of development, adding that different types of housing need to be addressed by code. Commissioner Elliott pointed out that guidelines and definitions would need to be addressed. He stated that when the Planning Commission looks at a rezoning request it must also consider future development, should the property be sold and that under those conditions the Bill of Assurance could be rewritten. He stated that as presented, the Commissions lacks the benefit of reviewing any development plan or a Bill of Assurance for the property. Mr. Wilson responded by saying that, regardless of the outcome of his rezoning request, this has brought up other issues that need to be addressed. Offering that the Commission consider (1) a PUD 5 ordinance, which would provide control for the Planning Commission CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. regarding certain elements of a subdivision development, adding that the zoning itself is too broad to gain proper mix and control, (2) looking at the varied housing covered by the R-4 zoning, and (3) alteration of a Bill of Assurance would need Planning Commission approval. Commission Reid expressed reservations in approving an R-4 zoning at this time. Discussion ensued regarding the number of manufactured housing subdivisions in the City and the need for the Bill of Assurance to protect the proper aspect of this type development. Commissioner Elliott cautioned that under present codes a rezoning would leave the property vulnerable to future development. Commissioner Reid moved, seconded by Commissioner Hardwick to deny the request for rezoning. ROLL CALL: Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted AYE. (0) voted NAY. BUILDING PERMITS: 1506 North Loop Road Mr. Tommy Bond related that the First Church of the Nazarene desires to build a parsonage on the church property. City Engineer Reel related that the request meets all setback requirements, adding that there is enough acreage to support the parsonage. He related that the Water and Wastewater Departments were contacted by fax without negative comment returned. Commissioner Patton moved, seconded by Commissioner Reid that the building permit at 1506 North Loop Road be approved. ROLL CALL: Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted AYE. (0) voted NAY. REQUEST TO APPROVE PLATS: a. Development of the Ruth Harrod property. Pastor Larry Burton of the McArthur Assembly of God Church related that the three lot survey reflects a one lot subdivision with a house and one acre of land, lot two has 18 acres for a proposed church and lot three is being considered for future sale and a possible future rezoning. Commissioner Elliott clarified that the request for rezoning would 6 need to be properly advertised and posted before the Planning Commission could make a determination, adding that the land use map reflects the area as residential. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. It was suggested that Pastor Burton meet with City Engineer Reel with regard to recommendations concerning development plans for lots two and three. After a brief discussion, it was suggested that the survey be regarded as a final plat for lot one, while lots two and three be regarded as a sketch plat with final plat to follow. Pastor Burton related that preliminary construction efforts have begun with regard to the construction of the church on lot two, adding that Mr. Tommy Bond will be working on the project. Discussion ensued regarding rights of way and location of utility lines. It was noted that the house was constructed before setbacks regarding residential property was established and that any new construction would have to adhere to current setback requirements. The request was amended by the petitioner that the survey reflect lot one as a final plat and lots two and three as a sketch plat. Commissioner Elliott moved, seconded by Commissioner Hardwick to approve the Final Plat of Lot one as Quince Hill Subdivision providing a Final Plat is prepared and approved by City Engineer Reel and approve the sketch plat of Lots two and three Quince Hill Subdivision with recommendations from the City Engineer. ROLL CALL: Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted AYE. (0) voted NAY. b. Price Barnes Subdivision Part of Lot 6 Block 2. Mr. Joe Hayden related that he is the owner of a lot located at the corner of Green Acres and Madden Road and wishes to have it recorded as a one lot subdivision, where he plans to construct a home. City Engineer Reel related that plans were forwarded to the Water and Wastewater Departments. Commissioner Hardwick moved, seconded by Commissioner Patton that the Final Plat for the one lot subdivision presently known as the Price Barnes Subdivision be approved as submitted. ROLL CALL: Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted AYE. (0) voted NAY. 7 c. Replat of Part of Plot 7 LRAFB Main Gate Development Mr. Tommy Bond represented the item of business for petitioner Mr. Tommy Dupree. He stated that the plat complies with the subdividing request of the Planning Commission. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. It was related that most of the land in the area has been platted and sold. He related that Tract A will be for ingress and egress as opposed to making it an easement because of the location of a sign by Taco Bell. He related that both property owners will carry an interest in tract A. City Engineer Reel related that the Water Department responded to the request and pointed out that a six inch water line is located at the back of the property, adding that Century 21 is constructing another water line in order to provide the area with fire protection. He stated that there will be plenty of water and that sewer is available. Mr. Bond related that the Highway Department will allow two driveways which is the reason for the configuration of the lots, adding that tract A comes out onto one of the driveways. Commissioner Elliott moved, seconded by Commissioner Reid to approve the re-plat of Part of Plot 7 LRAFB Main Gate Development. ROLL CALL: Commissioners Reid, Elliott, Brannen, Hardwick and Patton voted AYE. (0) voted NAY. GENERAL: Board of Adjustment informational item Ref: Remodeling Objectives by Fashion Park Cleaners. City Engineer Reel related that the new owner of Fashion Park Cleaners is proposing to divide the building, lease the west half and construct a drive-thru facility on the east end. He related that Fashion Park has worked out an easement arrangement with the adjacent property owner for the drive-thru facility and egress which will be located at the southern end of the property leading out onto Jeff Davis. Mr. Brooksher Banks, owner of Fashion Park Cleaners, related that the easement for the exit will be one lane onto Jeff Davis, pointing out a letter from the adjacent property owner which grants an easement for that purpose. GENERAL DISCUSSION: Mr. Jack Wilson asked for clarification regarding the status of land which was voted for recommended residential change by the Planning Commission. 8 In general discussion it was related that the recommended land use map change will have to be approved by the City Council, however, absent from a legal opinion it was undetermined the exact zoning it would carry. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 8, 1996 7:00 P.M. - 9:30 P.M. Commissioner Elliott related that while the land use map may recommend i.e. Commercial and is actually zoned Residential then only a commercial rezoning request could be considered without changing the land use map. In response to a question from Mr. Wilson regarding the R-4 zoning, Commissioner Elliott related that he has been in contact with the Manufactured Housing Association and will ask the Commission to look at clarifying what the R-4 zoning addresses. He referred Mr. Wilson to City Attorney Robert Bamburg regarding the time factor involved with bringing the item back before the Commission if a change is made in the R-4 zoning classification. Mr. Wilson related that he is trying to formulate a use for the property and questioned if the size of home is dominated by the general area or by the needs of the City. Commissioner Elliott related that the zoning classification will determine those factors as outlined by code. Discussion ensued regarding architectural controls being dictated by the Bill of Assurance. General consensus of the Planning Commission was to recommend a review of new guidelines regarding different housing, the R-4 zoning and PUD ordinances at the next meeting. ADJOURNMENT: Vice Chairman Brannen adjourned the meeting at approximately 9:30 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER Susan L. Davitt DEPUTY CITY CLERK 9 10