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98 DEC 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. OPENING REMARKS: Chairman Bart Gray opened the meeting expressing appreciation for those in attendance and explained the procedure to be used in conducting the public hearing. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker, Mark Perry, and John Hardwick, answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT SIX (6), ABSENT (2). (ONE opening on the Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Clerk Lula M. Hawkins, Deputy City Clerk Susan Davitt, Marci Wilson of the Engineering Department, Alderman Kenny Elliott, Public Works Director Murice Green, Chairman of the Water Commission Thad Gray, Executive Director of the Chamber of Commerce Mickey Anders, petitioners, interested citizens and Jon Parham, Editor of The Jacksonville Patriot. PUBLIC HEARING 7:00 DEVIATION IN AGENDA: Request to lift restrictions in C-3 zone/Plot 5, Main Gate Development Chairman Gray opened the public hearing at approximately 7:06 p.m. He introduced Attorney Ben Rice who represented the request to lift the restrictions placed on the parcel with the passage of Ordinance 923 (#3-90) on 1 March 1990. Mr. Rice gave the location of the C-3 zone, between Nixon and Parrish Street and pointed out that the ordinance required that apartments be built on part of the parcel. He related that a contract between the City and expected buyer was signed, however, the option to purchase was not exercised thus the proposed development was never took place. It was related that Belz Burrow has acquired the property and proposes to develop a Wal-Mart Super Center. He stated that Wal- Mart will need all of the property zoned C-3 without restrictions. Mr. Dennis Zolper presented a survey which depicts the existing streets Thomas, Nixon, and Parrish that have been platted prior to Belz Burrow purchasing the property. He related that research determined that the property was zoned C-3 with an agreement incorporated into the zoning ordinance which stipulated that the west 120 feet of the property lying south of Nixon Street and North of Parrish had to be used for multi-family development. He related that the area is not very large which presents some unique questions as it was decided that the best avenue was to bring the 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. item of business before the Planning Commission and request that the property be zoned C-3 without the contingency of multi-family development. He related that this would allow the property to be utilized without relocating the proposed development further to the north. He related that the proposed Wal-Mart development will adhere to all City and State building codes, which will be presented to the Commission at a later date. Chairman Gray closed the public hearing at approximately 7:13 p.m. Commissioner Walker noted that in 1990 the City Council rezoned the property with stipulations and the contract was executed between the City and Perish Street Partners. He questioned whether the zoning is valid if the townhouses were not constructed. He stated that his interpretation is that the zoning was never changed to C-3 therefore there would be no existing stipulations. City Attorney Bamburg clarified that the entire property was rezoned to C-3 with multi-family stipulations placed upon the particular portion in question. He further stated that the public hearing before the Commission is to address removal of those multi-family restrictions. Commissioner Walker further question that if the conditions were not met as required in the ordinance - his understanding is that the rezoning is effective only if those conditions are met. City Attorney Bamburg related that while the property was not developed in the conditions stated, both parties entered into an agreement stating that they would develop in that manner and the ordinance was passed. He said that because the ordinance and the agreement is a matter of record, those restrictions must be lifted for the property to carry a straight C-3 zoning. In response to comments from the Commission, Chairman Gray related that it is his understanding that there is 120 foot of frontage property along the undeveloped portion of Bailey Street that carries a restriction for multi-family construction, adding that the proposal before the Commission is to decide if the restriction should be removed and that portion be fully implemented as a C-3 zone. In response to a question from Commissioner Nixon, City Attorney Bamburg related that the Commission had the authority to require a buffer zone at the time the preliminary plat is presented. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. Commissioner Walker, moved seconded by Commissioner Reid to recommend to the City Council that restrictions regarding 120 foot of property generally described as property located between Nixon Street from the east right-of-way line of Bailey Boulevard to the west right-of-way line of U.S. Highway 67-167 be lifted. MOTION CARRIED. b. CONDITIONAL USE: 105 W. Main for a Housing and Classroom facility for student adult truck drivers. Chairman Gray opened the public hearing at approximately 7:21 p.m. Mr. J. C. James related that the property is currently housing the Jacksonville Care Channel. He said that the commercial zoning fits the need of the proposed buyer with the exception of the buyer's needs for a dormitory. He related that the buyers have been in the training of truck drivers business for approximately four years and the corporate location is in Protho Junction. He stated that the dorm will house ten to twelve students for a period of three weeks while in training. He stated that the students are recruited from out of town, state, and country at times and will require housing. He stated that the students will be shuttled because they do not have vehicles which will not create a parking problem at the facility. He related that the school generally closes at Thanksgiving and re-opens in February to begin new classes. He related that there is no problem with suggested building repairs from the fire marshall and City inspectors which have been presented to the prospected buyers. Mr. Richard Rhetts of #9 Del Tara Drive, stated that his main concern is for the housing of students in a transitory type situation with regards to a grammar school close by. He questioned the type of individuals housed in the facility. He mentioned the crime rate and questioned the back ground checks for students. Mr. Mike Hodge general manager for the truck driving company related that his school has trained over seven hundred students. He stated that the students are screened and have no prior convicts, adding that in order to obtain a DAT license you cannot have a record with prior felony convictions. He related that most of the students are from overseas, and for the most part "keep to themselves". He stated that they will be very well looked after at the school. Mr. Kenneth Haft asked that the Commission take into consideration 3 that the building is currently being used by the Care Channel and Alcoholics Anonymous. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. Chairman Gray closed the public hearing at approximately 7:30 p.m. In response to a questioned posed by the Chairman, Mr. James related that the facility has not yet been renovated to accommodate the school, and that after the permit is received renovations will begin. Commissioner Walker questioned the supervision of the students, to which Mr. James related that it is a controlled situation. He stated that it is his understanding that they will be closely supervised. In response to a question posed by Commissioner Perry, Mr. Hodge related that there is no other classroom facility proposed however they are planning a driving test are in Beebe, Arkansas and are looking into acquiring the property for that purpose. He stated that this will be the same type of setup as located at Protho Junction which has not had any problems. In further discussion it was also related that previous driving experience has occurred near Camp Robinson through a third party tester. Commissioner Hardwick moved, seconded by Commissioner Perry to grant the Conditional Use allowing the housing of up to twelve students at 105 West Main subject to meeting code specifications and that no training trucks be brought into the vicinity. MOTION CARRIED. c. CONDITIONAL USE 1804 Marshall Road resident mini-storage manager on premises. Chairman Gray opened the public hearing at approximately 7:40 p.m. Mr. Ben Rice related that the property is zoned industrial and is used for mini warehouses. He related the need for a resident manager on site, adding that other mini warehouse operations have resident managers. Chairman Gray closed the public hearing at approximately 7:42 p.m. In response to a question posed by Commissioner Hardwick, Mr. Rice related that there would be no additional construction necessary. It was further noted that the facility is compatible for habitation. Commissioner Corroum moved, seconded by Commissioner Walker to 4 approve the Conditional Use as requested for 1804 Marshall Road resident mini-storage manager. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. d. Proposed AHOD Ordinance Chairman Gray related that the ordinance is proposed by a joint committee of members from the City Council and Planning Commission. Chairman Gray opened the public hearing at approximately 7:45 p.m. and invited Mr. Frank Rowland to address the item of business. Mr. Rowland related that the objective was to address affordable housing for low income families in the City of Jacksonville. He stated that there is a real need for low income families to have affordable and suitable housing. He said that affordable would mean in the area of $300.00 a month and asked that the Commission broaden the definition of residential areas to allow for the placement of manufactured homes. He related the in depth work by the Committee regarding definitions of Modular, Manufactured, and Mobile Homes and stated that the ordinance would allow the construction of homes which may be pre-manufactured, at least in part, off the home site. He said that in the opinion of local construction personnel is that "manufactured homes are as good or better than stick built houses". He pointed out that even with Federal Funding, it is hard to build affordable housing because of high construction cost. He related that AHOD would allow development of affordable housing in the western area of Jacksonville and that housing in the Sunny Side Addition is at least fifty years old and badly deteriorated. He said that using manufactured housing will allow for reconstruction and affordable housing which will meet all City housing and HUD codes. He related that each proposed home would come before the Planning Commission for review. Chairman Gray closed the public hearing at approximately 7:49 p.m. Commissioners Hardwick stated that he feels home ownership creates pride in the neighborhood. Commissioner Walker expressed that it will enhance the area it is intended for. Mr. Jim VonTunglen related that the district was developed with safeguards and careful consideration, adding that he feels other cities may also adopt if successful in Jacksonville. He expressed support of this as a model project. Commissioner Nixon moved, seconded by Commissioner Walker to recommend the proposed AHOD (Affordable Housing Overlay District) to the City Council. ROLL CALL: Commissioners: Corroum, Reid, 5 Nixon, Walker, Perry, Hardwick vote AYE. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. e. Amend Jacksonville Municipal Code/Conditional Use of Commercial recreation in Residential zones. Chairman Gray opened the public hearing at approximately 7:55 p.m. City Attorney Bamburg related that Ordinance #1111 as presented allows for expanded conditional uses in various residential zones, and adds to the existing conditional use list. He pointed out that the addition of private recreational use facilities, would include country clubs, residential care facilities, beds and breakfast. He proposed the addition of the category "Event Facilities" to the ordinance, explaining that it would include facilities in the R-0 to R-5 residential areas that could be rented for particular events on a conditional use basis. He stated that this allows the Planning Commission to expand the nature of the conditional uses that can be granted in various residential zones. Chairman Gray closed the public hearing at approximately 7:57 p.m. Chairman Gray pointed that request have other cities also considering the same type of ordinance. He stated that expanded conditional uses would allow for a less than complete rezoning to occur. Discussion ensued as to the addition of a category of "Event Facilities" to the ordinance. He stated that as a conditional use the Planning Commission would maintain control over any stipulations they choose to set. Commissioner Hardwick moved, seconded by Commissioner Corroum to include the category of "Special Event" and recommend revised Ordinance 1111 to the City Council. MOTION CARRIED. f. CONDITIONAL USE: proposed Golf Course on the east side of Northwood Acres. Chairman Gray related that as his family is in ownership of the property he will relinquish the chair to Commissioner Perry. Acting Chairman Perry opened the public hearing at approximately 8:03 p.m. Mr. Mike Moran along with Ted Belden, Tommy Hanson, and Jack Caston requested a conditional use which would allow the 6 construction of a golf facility that would include a driving range, golf course learning center, a miniature golf course and a nine-hole golf course. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. Mr. Jerry Williams of 114 Cheyenne Trail stated that he is not in opposition to the golf course, however, he has concerns for the drainage which is already a problem in the area. He asked for assurance that the development would be watched regarding drainage. Acting Chairman Perry related that drainage issues will be addressed by the Planning Commission during development stages. Mrs. Irma Rector of 100 Arapaho Place read a statement in opposition to the development of the golf course, which is on file in the office of the City Clerk. Some main concerns were previous assurances regarding a park area near the vicinity of the lake and flood control. Acting Chairman Perry closed the public hearing at approximately 8:20 p.m. It was noted by Commissioner Walker that the property mentioned by Mrs. Rector is to be used as residential and is not a part of this development. It was clarified that the property of 3616 T.P. White Drive is not the same property. In response to a question from Commissioner Hardwick, City Attorney Bamburg related that he is unaware of any dedication of property to the City regarding a park. Commissioner Nixon stated that the question of dedicated property subject to the subdivision approval needs to be answered. Commissioner Nixon moved, seconded by Commissioner Reid to table the item of business for the January 1999 regular meeting of the Planning Commission MOTION CARRIED. It was noted that this development would replace the earlier proposed development off Coffelt Road. Mr. Moran addressed drainage concerns relating that there are plans for a 5 acre lake to handle water from the subdivision. He said that water would be retained and detoured by the nature flow of the land to the Holland Bottoms area. He related that the area is in the flood plan but it is not know if the land is considered wetlands. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Reid that the 7 minutes of the 9 November 1998 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. BUILDING PERMITS: REQUEST TO APPROVE PLATS: REQUEST STREET/ALLEY CLOSING: Chairman Gray related that public hearings for street closures are conducted by the City Council with recommendation from the Planning Commission. a. Request to close and vacate Puritan Drive. In response to a question from Commissioner Perry, City Attorney Bamburg related that when a street is closed, the property included in the dedicated area is divided among the adjoining property owners. It was also explained that if the closure is the request of only one of the adjoining property owners the land is still divided equally and recorded as such by the County Clerk. Commissioner Hardwick moved, seconded by Commissioner Perry to recommend no opposition to the closure of Puritan Drive to the City Council, assuming that there are no issues with sewer and water. MOTION CARRIED. b. Request to close and vacate a portion of Parrish Street. Mr. Charles Lewandoski of 708 Parrish Street, related that his main concern is that Parrish Street might become a thoroughfare and his request to close seventy-five feet of Parrish Street extending east from Bailey would keep that from happening. He stated that this request is not in opposition to the Wal-Mart Super Center plan, but will ensure traffic does not become directed through Parrish at a later date. Mr. Dennis Zolper related that they do not have a problem in closing that portion of Parrish Street. He related that whatever portion of Parrish not used in the development could be closed. Discussion regarding concerns for landscaping were addressed, and it was stated by Mr. Zolper that the balance of Parrish would be given to adjoining property owners. Mr. Zolper related that they would join in the petition to close the street. Commissioner Perry moved, seconded by Commission Nixon that the Planning Commission is to recommend to the City Council that they 8 have no opposition to the closure of a seventy-five foot portion of Parrish Street as requested, assuming there are no problems with the sewer and water utilities or ownership. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 14, 1998 7:00 P.M. - 8:55 P.M. c. Recommendation regarding closing and vacating Nixon & Thomas Street Chairman Gray related that the public hearing will be held December 17, 1998 at the regular scheduled City Council meeting. Discussion ensued and it was concluded that all property owners adjoining the west side of Bailey Blvd. and Wal-Mart would join in a petition to close Bailey Blvd. Mr. Zolper stated that Wal-Mart, as the Bailey east side property owners, is in 100% favor of closing Bailey. In addressing the closing and vacating of Nixon and Thomas Streets, Mr. Zolper related that Nixon and Thomas are undeveloped platted streets running in an east - west configuration and basically located in the center of the property. He stated that there are utilities which will be relocated in the building planning stage and easements re-dedicated. He said that they would accept a recommendation from the Planning Commission that Wal-Mart and the utility companies work together in relocation of utilities and easements. Commissioner Corroum moved, seconded by Commissioner Perry that the Planning Commission recommend to the City Council that they have no opposition to the closure of Nixon and Thomas Streets as requested, assuming there are no problems with the sewer and water utilities or ownership. MOTION CARRIED. ANNOUNCEMENTS: Chairman Gray announced that City Clerk/Planning Commission secretary, Mrs. Lu Hawkins will be retiring as of January 1st and will be greatly missed. He commended and thanked her for the many years of dedicated service to the Commission. Mrs. Hawkins read a poem commemorating her retirement, a copy of which is on file in the office of the City Clerk. ADJOURNMENT: Secretary Hawkins adjourned the meeting at approximately 8:55 p.m. Respectfully, 9 Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER 10