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15 JAN 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2015 7:00 P.M. – 7:17 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on January 12, 2015. Chairman Ott opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Jim Peacock, Scott Scholl, Jim Moore, Rick White, Alderman Howard answered ROLL CALL. Chairman Ott also answered roll call and declared a quorum. Commissioner McCleary arrived after the meeting began. PRESENT (6), ABSENT (2). Others present for the meeting were City Attorney Bamburg, City Engineer Jay Whisker, interested citizens, petitioners, and press. NOMINATIONS FOR 2015 Planning Commission and Board of Adjustment: Alderman Howard moved, seconded by Commissioner Peacock to nominate Joe Ott to continue as Planning Commission Chairman and Jim Moore to continue as Vice Planning Commission Chairman and Chairman of the Board of Adjustment. MOTION CARRIED. VOLUNTEERS serving on the Board of Adjustment: Alderman Howard and Commissioner White consented to continue serving as volunteer members for the 2015 Board of Adjustment. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Moore moved, seconded by Commissioner White to approve the minutes of the regularly scheduled Planning Commission meeting of 8 September 2014 as presented. MOTION CARRIED. PUBLIC HEARING(S): CONDITIONAL USE of C-3 in C-2 zone at 201 North First Street Chairman Ott opened the public hearing at approximately 7:02 p.m. A translator speaking on behalf of Mr. Genaro H. Lugo; stated that Mr. Lugo is renting the property at 201 North First Street from the owner, Mr. Kyle Brockinton. Mr. Brockinton submitted a letter of permission for Mr. Lugo to represent him regarding the conditional use request for property located at 201 North First Street. The request is to accommodate a used auto sales. In response to a question from Chairman Ott, the translator replied that the operation would be small in the beginning holding only four to five vehicles. Chairman Ott concurred that it is not a big lot. He then answered Chairman Ott that there are no plans to make changes to the existing building located on the lot. In response to a question from the petitioner, City Engineer Whisker stated that he would work with Mr. Lugo regarding the signage and use of flags on the property. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2015 7:00 P.M. – 7:17 P.M. With no one to speak in opposition, Chairman Ott closed the public hearing at approximately 7:04 p.m. City Engineer Whisker stated that the property is currently zoned C-2, explaining that in order to operate a used auto sales on the property, it requires that the Planning Commission approve a Conditional Use. He stated that if approved it would be restricted only to the petitioner, adding that if the business were to cease then the use would cease as well. He clarified that the approval is nontransferable. Commissioner Moore stated that he would like to place some conditions on the request. He related that the lot is gravel, dirt and grass; adding that he feels one condition for approval should be that the lot be paved with asphalt or concrete. He noted that all the surrounding businesses are paved. He stated that the second condition that he would like to apply to the approval would be that no cars are to be parked on the rear street or the grassy area behind the existing building. He then related that the third stipulation would be that there are no wrecked or inoperable vehicles at any time on the property. He pointed out that there is a church adjacent to this property, and if the petitioner is going to sell vehicles then they should all be operable. He stipulated that if a dumpster is placed on the property it would need to be properly screened. Commissioner Moore moved to approve the Conditional Use of C-3 in a C- 2 zone; stipulating 1) the lot be paved with asphalt or concrete, 2) no cars can be parked on the rear street or on the grassy area behind the existing building, 3) no inoperable vehicles allowed at the location, and 4) any dumpster placed on the property be screened. Commissioner White stated that he would like to speak against the requirement that the parking area be paved, pointing out that there is a used auto sales in the vicinity of 1,000 feet that has a gravel parking area. City Engineer Whisker clarified that the landscaping ordinance addresses the issue of paving the parking lot, explaining that the requirement only comes into play if there are 30% or more of improvements on the property. City Attorney Bamburg also clarified that the requirement to screen any dumpster placed on the property is currently also addressed under the present landscaping ordinance. He stated that a dumpster screening is a requirement regardless of any improvements to the property. He then addressed the issue of inoperable vehicles, clarifying that there is a City ordinance that mandates that all vehicles be operable or be placed behind a gated and screened area. He added that with this parcel of property it would be very difficult to construct an area for inoperable vehicles. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2015 7:00 P.M. – 7:17 P.M. City Engineer Whisker addressed the stipulation of no cars being parked on the rear street or on the grassy area behind the existing building, saying that he believes any property off the gravel is City right-of-way, therefore parking would be prohibited anyway. Commissioner Moore clarified that his stipulating the rear street and parking on the rear of the property is a result of plans to relocate the “old train depot” on Short Street behind this property. He stated the plan is to operate it similar to a museum, noting that he has seen cars parked in various places regarding this property. Discussion ensued regarding similar businesses in the vicinity that have gravel parking areas. Chairman Ott noted that the only qualifying question would be if they plan to make 30% or more of improvements to the property, which would then require paving the parking lot. He questioned if paving the parking lot would be a financial stress for the petitioner. Commissioner White concurred. Alderman Howard stated that he thought it was an automatic requirement that parking lots be paved. City Attorney Bamburg clarified that the ordinance mandates a hard surface. City Engineer Whisker further clarified that the hard surface mandate is under the landscaping code and it does not come into contact until 30% or more of improvements are being done to the existing building. He stated that the Planning Commission can make that a stipulation regarding approval of the Conditional Use without consideration to the landscaping code. City Attorney Bamburg stated that the drive behind the provision for hard surfaces was to eliminate those car lots that have grassy or gravel areas for the benefit of not only the customers but also the owners. He noted that paved surfaces tend to maintain themselves better than gravel areas. He stated that the landscaping ordinance applies but if they are not going to make any real changes to the property that does not prohibit the Planning Commission from requiring a hard surface as part of the Conditional Use approval. Commissioner Moore questioned if the stipulations would be the financial responsibility of the owner rather than the renter. City Attorney Bamburg answered that the Conditional Use would apply to the property, the use of the property regarding the request would only 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 12, 2015 7:00 P.M. – 7:17 P.M. apply to Mr. Lugo since he is the one named on the petition. He went on to say that once Mr. Lugo stopped using the property in that manner; the Conditional Use would expire and could not be transferred to anyone else should he sell the business. MOTION dies for lack of a second. Commissioner Moore reiterated that any stipulations on the approval regarding the property would apply to Mr. Brockinton, not Mr. Lugo. City Attorney Bamburg clarified that it would depend on the agreement between Mr. Lugo and Mr. Brockinton. Commissioner Moore reiterated concerns for the stipulation regarding inoperable vehicles. He explained the ramifications for this type of activity being close to Main Street and adjacent to the proposed museum on the street behind this property. Commissioner White stated that he would second a motion with all the stipulations excluding the one to require a paved lot. Commissioner White moved, seconded by Commissioner Moore to approve the Conditional Use of C-3 in a C-2 zone; stipulating 1) no cars can be parked on the rear street or on the grassy area behind the existing building, 2) no inoperable vehicles allowed at the location, and 3) any dumpster placed on the property be screened. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Ott without objection adjourned the meeting at approximately 7:17 p.m. Respectfully submitted, _________________________ Susan L. Davitt 4