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99 AUG 09.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. OPENING REMARKS: Chairman Walker opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Ken Nabors, Bart Gray, Jr., Art Brannen, Lester Piggee, Mark Perry, John Hardwick answered ROLL CALL. Chairman Bob Walker also answered ROLL CALL and declared a quorum. PRESENT five (5), ABSENT (2). Others present for the meeting were City Engineer Duane Reel, Mr. Ben Rice, Mr. Tommy Bond, Mr. Mike Alberson, Mr. Dennis Sobba, Alderman Gentry, Mr. Shea Brannen, Patriot Reporter Peggy Koury, and petitioners. PUBLIC HEARINGS: a. Conditional Use Request for C-3 in C-2 zone located at 211 South James Street (CAR-MART) At approximately 7:05 p.m. Chairman Walker opened the public hearing. Mr. Ben Rose representing Car-Mart said that they desire to open a branch in Jacksonville from the Little Rock and North Little Rock facilities exclusively for the sale of used vehicles and the collection of payments. He stated that they are excited at the opportunity to open a branch in Jacksonville. With no opposition, Chairman Walker closed the public hearing at approximately 7:07 p.m. and clarified that the location is where Friendly Computers had been located. In response to a question posed by Commissioner Piggee, Mr. Rose related that the requested location will be painted in Company colors of gray with blue trim. He then answered that the number of cars held on location to be a minimum of twenty to twenty-five and a maximum of thirty. City Engineer Reel related that without servicing of vehicles being offered, ingress and egress is not a problem. Mr. Rose added that cars will be detailed at the Little Rock or North Little Rock location. Commissioner Gray moved, seconded by Commissioner Brannen to grant the Conditional Use Variance to operate a Car-Mart sales at 211 South James Street. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. b. CONDITIONAL USE variance in R-0 for 9.8 acres adjacent to east boundary of St. Jude's Catholic Church. At approximately 7:11 p.m. Chairman Walker opened the public hearing, at which time Commissioner Brannen recused himself from the public hearing. Mr. Ben Rice representing Little Rock Air Force Base Historical Foundation informed the Commission that the Foundation has acquired 9.8 acres east of the Catholic church. He presented a vicinity map of the property previously owned by the Foundation used in the Wal-Mart Development and the ten acres acquired for the development of the Air Park Museum. He related that access was granted to the previous site from Vandenberg Blvd. and will be requested for the proposed site. With no opposition, Chairman Walker closed the public hearing at approximately 7:14 p.m. Commissioner Hardwick questioned other access to the property. Mr. Rice related that the primary access would be from Vandenberg, adding that there is access from James Street coming into the property from the south. He then related that with some distance between Vandenberg and the proposed site it has not been determined which direction the building would face. In response to a question posed by Commissioner Gray, Mr. Rice related that a single access from Vandenberg would still facilitate the museum. Commissioner Gray added that as a commercial venture it is not considered a high traffic facility and further related efforts to keep commercial traffic out of residential neighborhoods. He said that he has no further concerns for the conditional use development other than to keep primary traffic access generated from Vandenberg and limited from James Street. Mr. Rice projected attendance to be between thirty-five and forty thousand annually, averaging seventy-five to one-hundred cars a day. He stated that it would not be a high traffic situation. Discussion ensued as to the conditional use stipulation of limiting traffic from James Street. Other concerns were voiced regarding the facility being used as a cut-through from James Street to Vandenberg. Mr. Rice clarified that condition of access from Vandenberg prohibits a cut-through traffic situation. He stated it would be blocked from through traffic. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. It was further noted that this is the proposed traffic plan contingent on approval of access from Vandenberg. Commissioner Gray moved, seconded by Commission Nabors to grant the Conditional Use subject to access being predominately from a street other than James Street. Commissioner Hardwick offered that the motion includes "no through traffic from Vandenberg to James Street," Mr. Rice expressed no objection to the addendum. Discussion ensued further with conviction that James Street not be an access to the proposed development. Mr. Rice offered that they would bring back traffic configurations prior to building permit approval. Commissioner Gray stated that his motion stands, adding that while he favors the development he would like assurances in place that a ten-acre commercial museum does not generate traffic on James Street. He stated that it is the intent of his motion that traffic will not traverse on James Street or the residential area. Mr. Rice said that the Foundation plans to have primary access from a street other than James Street and does not anticipate any through traffic to James Street. City Engineer Reel pointed out that the proposed development only has availability to one-half of the James Street right-of-way going through to that location. He hypothesized that if a gate were to be placed there it would push that access more toward the west right-of-way line and crowd the residence at the west side of James Street on the north end. He stated that he highly discourages any access off James Street into the development aside from emergency only. Chairman Walker clarified that there is a proper motion and second on the floor with no second to the addendum. At this time a voice vote was taken with Commissioner Piggee abstaining. He asked for further explanation of the motion. Chairman Walker said that the motion grants the request stipulating that the predominate access to the property not be off James Street and is from another avenue, such as Vandenberg. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. Commissioner Gray concurred, saying that his main purpose in the wording is as presented. He clarified that predominately he seeks after the museum opening that traffic will not come down James Street going to the museum. He related that during the development of the property James Street may need to be used to gain access to the property, however, once it opens vehicle traffic does not need to come from James Street to gain access to the property. Further discussion centered on the preclusion of traffic on James Street and Mr. Gray related that Mr. Rice has indicated that he will provide a development plan and by the intent of the motion it is understood that it will not provide James Street as an access to the development. Chairman Walker said that ideally access in place could use Vandenberg for project work. Mr. Rice related that in the previous access agreement the building had to be in place before access from Vandenberg was granted. Chairman Walker stated that the Commission would make recommendation when the site plan is brought back. MOTION CARRIED by voice vote. c. Requested waiver of the local Sign Ordinance. At approximately 7:26 p.m. Chairman Walker opened the public hearing. Ms. Patti Stiles representing Jacksonville High School Drama Club related that at one time drama in the area was more significant than it has been in the recent past. She pointed out that the auditorium is the largest one in Pulaski County and that after her arrival six years ago she has tried to create a resurgence of the arts in Jacksonville. She related that through many assorted efforts their greatest success has come with the use of signs. She reported the extensive cost to produce a musical, adding that she does not have a budget to operate from. She said that with the use of signs they managed to sell the show out for two nights and make a profit of almost ten thousand dollars. She related that those funds enabled them to spend money that desperately needed to be spent on upgrading the equipment. She related little success with advertisement in the local newspapers or radio. She asked the Commission to at least consider a limited waiver, adding 4 that some consideration be given to let citizens know what is happening at the High School. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. With no opposition, Chairman Walker closed the public hearing at approximately 7:30 p.m. Chairman Walker said that in review with City Attorney Bamburg it may be that a recommendation to City Council regarding an exemption to the sign ordinance for school or religious activity is in order. City Attorney Bamburg clarified that the sign ordinance does not include a provision for the Commission to grant a Conditional Use permit as requested. He stated that the Commission could propose an exemption of the sign ordinance to the Council for a school or church group. He added that the recommendation could include the scope of the exemption. He stated that the Commission does not have the authority to waive that which is not a stated exemption in the sign ordinance. In response to a request from Commission Hardwick, Ms. Stiles specified their request by asking for consideration to advertise with signs on all major thoroughfares at least three weeks prior to production. She was unable to give an exact figure for the total number of signs posted but related that the school had three hundred signs made and used many to replace signs lost or damaged. She further related that the school signs were recycled political signage. City Engineer Reel responded that there was only one compliant regarding the school signage from a retail establishment in the City. He explained that he approved the signage as he felt it to be a benefit for the kids and that the signage was taken down promptly after the production. He said that he felt three weeks was good advertising time without over advertising. He also said that he felt it was viable since it benefited the School and a recommendation to the Council is proper. In response to comments from Commissioner Hardwick, Ms. Stiles related that the vast majority of signs were placed on public property and rights-of-way. She related that at least thirty students in high traffic areas had signs in their yards and signs were posted on cars using magnetic tape. She said that the School will do everything possible to honor the limits of a waiver if granted. She stated that she is asking to on occasion be permitted to advertise with signs. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. Chairman Walker suggested parameters be outlined in the recommendation to City Council. He related that 18" by 22" is the present allowable political signage in residential. He stated that attention needs to be given to the code that states signage attached to public signage or utility poles is prohibited. He suggested that any group be limited to the number of times annually permitted to advertise in this manner. He also suggested that the time prior to the event such as the previously mentioned time of three weeks be considered with no more than a week following the event. Discussion ensued and it was generally determined that banner signage can be utilized on Main Street along with another location at the end of Marshall Road. City Engineer Reel related that the retailer who had objected wanted to advertise his product in the same manner as the School. He related that he explained to him that as a retailer he is a single commercialized entity and the school is a community service. City Attorney Bamburg said that the ordinance specifically prohibits the use of yard signs for private business purposes and had denied the retailers request a month prior to the school signs being allowed. Commissioner Gray encouraged that while this is not the body to make the decision recommendations could be directed to help the City Council. He commended the success of the previous production, and stated that much of its success is parental involvement. He stated that he recommends that the Planning Commission revise the ordinance to allow some leeway in the sign ordinance as suggested. City Attorney Bamburg related that his notes for recommendation is to set up an exemption that provides a specific number of times annually per organization, specific period for each event as suggested three weeks before and one week after, size being limited to the residential political signage of 18" by 22," placement in public easements would be either prohibited or limited, placement in residential or commercial areas would be one per lot. He questioned if the Commission would like to set it up as an exemption to be handled through the City Engineer's office or as a Conditional Use to be addressed by the Planning Commission. 6 With suggestion from Commissioner Brannen, it was the consensus of the Commission that it be handled through the Office of City Engineer. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. Commissioner Hardwick moved, seconded by Commissioner Perry to recommend to the City Council that an amendment to the present sign ordinance allow schools, religious organizations and recognized civic groups a waiver 1) to place signs in public easements without attachment to utility or sign post, 2) to place no more than one sign per residential or commercial lot, 3) signs are not to obstruct motorist vision, 4) that said signs do not exceed 18" by 22," 5) signs are not to be placed earlier than three weeks prior to the event and removed no later than one-week after the event, 6) that any organization not be allowed to exceed advertisement of this manner more than twice per year, 6) such decisions regarding waiver are to be made through the Office of City Engineer. City Engineer Reel questioned if it would be allowable for more than one group at any given time to advertise. It was the determination of the Commission that only one organization is permitted to conduct a sign campaign through registration with the Office of City Engineer. Question arose if churches could be eliminated from the waiver because of possible conflict surrounding the Christmas season. City Attorney Bamburg related that church groups have made specific request for this type of waiver and been denied because the sign ordinance did not allow request of waiver. He then related that school and church can be tied together, adding that it is hard to keep them separate and further separate private enterprise from that. City Engineer Reel explained that he denied the church request because the school is the whole community, while the church is a group of people representing only part of the community. He said that everyone is not participating as with the school. He further related that there is only two high schools while there is a Methodist, Catholic, several Baptist, and many independent churches in Jacksonville. He stated that while the purpose of the school and the church is to get more people to attend it is a different situation, adding that the school is community wide and churches are not. Commissioner Hardwick further moved, seconded by Commissioner Perry to clarify that in his motion stating that the Office of City Engineer is to govern the activity; he intended it to imply 7 that the Office of City Engineer will keep a calendar allowing only one organization at a time to participate with written request. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. Commissioner Gray questioned the penalty provision, City Attorney Bamburg related that the City Code provided a penalty clause if the signs are not taken up in one week. At this time MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Hardwick moved, seconded by Commissioner Piggee that the minutes of the 14 June 1999 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: Preliminary Plot Plan Lot 9 Campbell's Industrial Subdivision Mr. Tommy Bond related that the request is for a metal building adjacent to the mini storage buildings on South Redmond Road. He related that it is to be a parts storage building that will not have plumbing or electrical. He responded to the Commission relating that the owner had decided to fill the property and he has advised him that he would need a permit to do so. Mr. Bond stated that in M-2 zoning a side yard setback is fifteen feet and the petitioner is requesting a five-foot setback. He also noted that the building will have a front setback of almost two-hundred feet. Commissioner Perry moved, seconded by Commissioner Piggee to approve the waiver as requested. MOTION CARRIED. REQUEST TO APPROVE PLATS: a. REPLAT of Lots 11 thru 14 Bushwood Phase II Mr. Bond related that the original plat was approved by the Commission a year ago adding that Mr. Schirmer has decided that the four lots are too small and desires to make three lots from four lots to make the lots bigger. The lots are not located in the flood plain. Commissioner Hardwick moved, seconded by Commissioner Brannen to approve the replat of Lots 11 through 14 Bushwood Phase II as submitted. MOTION CARRIED. b. SITE PLAN Lot 1, Jacksonville Shopping Center Subdivision 8 Mr. Bond related that the plat for Lot 1 was approved by the Commission 3 months prior. He related that an existing Churches Chicken building is proposed for the site. He related that the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. building will be re-furbished. He said that as requested prior by the Planning Commission the only access is from the entrance beside McDonalds and no curb cut off James Street. In response to a question posed by Commissioner Hardwick, Mr. Bond related that the proposed access would be mid-way of the existing access into McDonalds. He related that the building will have a setback of fifty-feet from James Street. Discussion ensued as to the entrance, traffic evaluations, and response of neighboring property owner; noting that the rear of the building would face the parking area. City Engineer Reel related that the parking requirements of one space per every four seats plus one space for each employee will be adequate. He noted that it is mostly designed for pick-up type service. Discussion ensued as to the openness of design encouraging openness of parking. Concerns regarding traffic flow and stacking room available in the drive-thru ensued and concluded that the design accommodates economical solutions to any unforeseen traffic considerations with amble stacking room for vehicles. It was further noted that the building would be inspected to meet with Code. Commissioner Brannen moved, seconded by Commissioner Piggee to approve the site plan for Churches Chicken as presented with the suggestion of an overflow parking agreement. MOTION CARRIED. ANNOUNCEMENTS: Chairman Walker related that discussion for the regularly scheduled meeting in September will revolve in great detail around the proposed formation of a Landscape or Green Space Ordinance. ADJOURNMENT: At this time Chairman Walker adjourned the meeting at approximately 8:25 p.m. Respectfully, 9 Susan L. Davitt Planning Commission Secretary CITY CLERK-TREASURER RECOMMENDATION TO CITY COUNCIL Ordinance 1125 (#11-99) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 9, 1999 7:00 P.M. - 8:25 P.M. c. Requested waiver of the local Sign Ordinance. At approximately 7:26 p.m. Chairman Walker opened the public hearing. Ms. Patti Stiles representing Jacksonville High School Drama Club related that at one time drama in the area was more significant than it has been in the recent past. She pointed out that the auditorium is the largest one in Pulaski County and that after her arrival six years ago she has tried to create a resurgence of the arts in Jacksonville. She related that through many assorted efforts their greatest success has come with the use of signs. She reported the extensive cost to produce a musical, adding that she does not have a budget to operate from. She said that with the use of signs they managed to sell the show out for two nights and make a profit of almost ten thousand dollars. She related that those funds enabled them to spend money that desperately needed to be spent on upgrading the equipment. She related little success with advertisement in the local newspapers or radio. She asked the Commission to at least consider a limited waiver, adding that some consideration be given to let citizens know what is happening at the High School. With no opposition, Chairman Walker closed the public hearing at approximately 7:30 p.m. Chairman Walker said that in review with City Attorney Bamburg it may be that a recommendation to City Council regarding an exemption to the sign ordinance for school or religious activity is in order. City Attorney Bamburg clarified that the sign ordinance does not include a provision for the Commission to grant a Conditional Use permit as requested. He stated that the Commission could propose an exemption of the sign ordinance to the Council for a school or church group. He added that the recommendation could include the scope of the exemption. He stated that the Commission does not have the authority to waive that which is not a stated exemption in the sign ordinance. 10 In response to a request from Commission Hardwick, Ms. Stiles specified their request by asking for consideration to advertise with signs on all major thoroughfares at least three weeks prior to production. She was unable to give an exact figure for the total number of signs posted but related that the school had three hundred signs made and used many to replace signs lost or damaged. She further related that the school signs were recycled political signage. City Engineer Reel responded that there was only one compliant regarding the school signage from a retail establishment in the City. He explained that he approved the signage as he felt it to be a benefit for the kids and that the signage was taken down promptly after the production. He said that he felt three weeks was good advertising time without over advertising. He also said that he felt it was viable since it benefited the School and a recommendation to the Council is proper. In response to comments from Commissioner Hardwick, Ms. Stiles related that the vast majority of signs were placed on public property and rights-of-way. She related that at least thirty students in high traffic areas had signs in their yards and signs were posted on cars using magnetic tape. She said that the School will do everything possible to honor the limits of a waiver if granted. She stated that she is asking to on occasion be permitted to advertise with signs. Chairman Walker suggested parameters be outlined in the recommendation to City Council. He related that 18" by 24" is the present allowable political signage in residential. He stated that attention needs to be given to the code that states signage attached to public signage or utility poles is prohibited. He suggested that any group be limited to the number of times annually permitted to advertise in this manner. He also suggested that the time prior to the event such as the previously mentioned time of three weeks be considered with no more than a week following the event. Discussion ensued and it was generally determined that banner signage can be utilized on Main Street along with another location at the end of Marshall Road. City Engineer Reel related that the retailer who had objected wanted to advertise his product in the same manner as the School. He related that he explained to him that as a retailer he is a single commercialized entity and the school is a community service. City Attorney Bamburg said that the ordinance specifically 11 prohibits the use of yard signs for private business purposes and had denied the retailers request a month prior to the school signs being allowed. Commissioner Gray encouraged that while this is not the body to make the decision recommendations could be directed to help the City Council. He commended the success of the previous production, and stated that much of its success is parental involvement. He stated that he recommends that the Planning Commission revise the ordinance to allow some leeway in the sign ordinance as suggested. City Attorney Bamburg related that his notes for recommendation is to set up an exemption that provides a specific number of times annually per organization, specific period for each event as suggested three weeks before and one week after, size being limited to the residential political signage of 18" by 22," placement in public easements would be either prohibited or limited, placement in residential or commercial areas would be one per lot. He questioned if the Commission would like to set it up as an exemption to be handled through the City Engineer's office or as a Conditional Use to be addressed by the Planning Commission. With suggestion from Commissioner Brannen, it was the consensus of the Commission that it be handled through the Office of City Engineer. Commissioner Hardwick moved, seconded by Commissioner Perry to recommend to the City Council that an amendment to the present sign ordinance allow schools, religious organizations and recognized civic groups a waiver 1) to place signs in public easements without attachment to utility or sign post, 2) to place no more than one sign per residential or commercial lot, 3) signs are not to obstruct motorist vision, 4) that said signs do not exceed 18" by 22," 5) signs are not to be placed earlier than three weeks prior to the event and removed no later than one-week after the event, 6) that any organization not be allowed to exceed advertisement of this manner more than twice per year, 6) such decisions regarding waiver are to be made through the Office of City Engineer. City Engineer Reel questioned if it would be allowable for more than one group at any given time to advertise. It was the determination of the Commission that only one organization is permitted to conduct a sign campaign through registration with the Office of City Engineer. Question arose if churches could be eliminated from the waiver because of possible conflict surrounding the Christmas season. City Attorney Bamburg related that church groups have made 12 specific request for this type of waiver and been denied because the sign ordinance did not allow request of waiver. He then related that school and church can be tied together, adding that it is hard to keep them separate and further separate private enterprise from that. City Engineer Reel explained that he denied the church request because the school is the whole community, while the church is a group of people representing only part of the community. He said that everyone is not participating as with the school. He further related that there is only two high schools while there is a Methodist, Catholic, several Baptist, and many independent churches in Jacksonville. He stated that while the purpose of the school and the church is to get more people to attend it is a different situation, adding that the school is community wide and churches are not. Commissioner Hardwick further moved, seconded by Commissioner Perry to clarify that in his motion stating that the Office of City Engineer is to govern the activity; he intended it to imply that the Office of City Engineer will keep a calendar allowing only one organization at a time to participate with written request. Commissioner Gray questioned the penalty provision, City Attorney Bamburg related that the City Code provided a penalty clause if the signs are not taken up in one week. At this time MOTION CARRIED. 13