15 JUL 13
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 2015
7:22 P.M. – 7:59 P.M.
OPENING REMARKS:
The Planning Commission of the City of Jacksonville, Arkansas met in
regular session on July 13, 2015. Vice Chairman Moore opened the
meeting at approximately 7:22 p.m. expressing appreciation to those in
attendance.
ROLL CALL: Commissioners Jim Peacock Jr., Scott Scholl, Avis Twitty,
Joe Cummings, Jr., Rick White, and Alderman Howard answered ROLL CALL.
Vice Chairman Moore also answered roll call and declared a quorum.
PRESENT (7), ABSENT (2).
Others present for the meeting were City Engineer Jay Whisker, Mayor
Fletcher, Aaron Robinson, interested citizens, petitioners, and press.
CORRECTION AND/OR APPROVAL OF MINUTES:
Commissioner White moved, seconded by Commissioner Cummings to approve
the minutes of the June 8, 2015 regularly scheduled meeting as
presented. MOTION CARRIED.
PUBLIC HEARING(S): CONDITIONAL USE 1409 Madden Road C-1 in R-2 zone
requested by First Baptist Church on behalf of Options Pregnancy
Center
Chairman Moore opened the public hearing at approximately 7:22 p.m.
Mr. Andy Cameron, Chairman of the Board on Options Pregnancy Center
headquartered in Cabot, Arkansas, related that they also have
facilities in Beebe and Lonoke. He stated that they have been trying
to establish a location in Jacksonville. He then explained that they
are a crisis pregnancy center, seeing between 2,000 and 2,500 clients
annually, dealing with pregnancy, sexual abuse, parenting classes and
abstinence education. He related that he has felt very strongly that
they needed to have a presence in Jacksonville. He explained that an
opportunity has come to them through the First Baptist Church in Cabot
regarding the property on Madden Road, which they would lease from
First Baptist Church. He then answered that the size of the building
will actually allow them to do more educational opportunities
regarding larger groups. He added that they do not have that luxury
at their other locations, saying that he believes it will become their
education and training hub.
Alderman Howard expressed his support for their work.
Mr. Cameron noted that he believes they are the first center of their
kind to start formal parent training for unwed fathers. He stated that
he is very proud of the Center and the new grounds that are being
made.
With no one to speak in opposition, Vice Chairman Moore closed the
public hearing at approximately 7:27 p.m.
1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 2015
7:22 P.M. – 7:59 P.M.
City Engineer Whisker noted that as a conditional use it would not
change the zoning of the property. He stated that if the Center is to
cease operations, another entity could not assume that commercial use.
Alderman Howard moved, seconded by Commissioner White to approve the
Conditional Use of property located at 1409 Madden Road for a C-1 in
an R-2 zone. MOTION CARRIED.
REQUEST TO APPROVE PLAT(S):
BUILDING PERMIT(S): a. SITE PLAN New Commandment Church 808 Stone
Street
Aaron Robinson of Bond Consulting Engineers explained plans to remodel
the existing Church and add to the side of the building. He noted
that the Church utilizes some of the surrounding properties that are
not open on Sunday for overflow parking.
Vice Chairman Moore concurred with Mr. Robinson that parking spaces
numbered 17 through 37 are being proposed to be behind the rear of the
building. He stated that after viewing the property he is not sure
there is enough space to put in those parking spaces unless part of
the vacant property to the rear belongs to the Church.
Mr. Robinson stated that the vacant land belongs to the Dupree family,
but added that the Church does use it for parking. He stated if that
property were ever sold, then it would be necessary for the Church to
obtain an easement or purchase part of that property in order to keep
using it for parking. He then answered Vice Chairman Moore that there
are no plans to pave those parking spaces.
Vice Chairman Moore confirmed that the parking spaced number 28 and 29
are shown to be in front of the new addition along with twelve other
parking spaces directly in front of the existing building.
City Engineer Whisker noted that the site plan shows a 20’ rear yard
lotline from the new building, noting that the City requires a 25’
rear setback. He related that the existing building is on a separate
lot, saying that the property would need to be replatted to one lot.
He related that in order for the Church to construct the addition on a
metes and bounds, they would need permission from the Planning
Commission. He pointed out that normally they would be required to
preliminary and final plat the property before they can get a
certificate of occupancy for the new structure. He stated that the
new building would require an asphalt parking lot with landscaping and
a sidewalk across the front of the property along Stone Street unless
those requirements are waived by the Planning Commission, which
typically has not been done in the past. He then added that there
would need to be a variance to the amount of parking spaces available,
2
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 2015
7:22 P.M. – 7:59 P.M.
pointing out that spaces 17 through 27 would be difficult to access.
He then pointed out that parking spaces 17 through 27 as proposed
would prohibit a fire truck from being able to access the back of the
Church. He related that it would be beneficial to require less
parking spaces but have it asphalted so a fire truck can gain access
to the rear of the building, which would require a parking variance
from the Planning Commission. He stated it is his understanding that
the Church has an agreement with the tire business across the Street
regarding overflow parking.
In response to a question from City Attorney Bamburg, Reverend Miller
replied he could get written permission from Vaughn Tire regarding the
use of their property for parking on Sunday. He then answered that
the space provides approximately 15 additional parking spaces for the
Church.
City Attorney Bamburg stated that a written agreement could be counted
in favor of the Church, which would lower the amount of parking
variance requested.
Discussion ensued regarding the Church also needing to obtain written
permission from Mr. Dupree for any parking that allowed on his
property.
Vice Chairman Moore reiterated that he did not feel there would be
enough room to establish the proposed rear parking as depicted on the
site plan without encroaching on the Dupree property. He then noted
that if the Church is using the parking spaces in front of Price’s
Cleaners, they would have to get written permission for those spaces
as well.
City Attorney Bamburg concurred; pointing out that all these spaces
would reduce the number required in a variance.
Reverend Miller stated that the Church has never used the Dupree
property regarding parking, saying that they have always used the
parking at Vaughn Tire with Mr. Vaughn’s permission. He added that
with those spaces the parking has always been sufficient, noting that
they do plan to pave the parking lot.
City Attorney Bamburg stated that if the Church were to get permission
from Price’s Cleaners it might eliminate the need to request a
variance.
City Engineer Whisker clarified that the request is to approve the
site plan so they can begin construction on the addition, cautioning
that all the stipulations he voiced earlier would need to apply
regarding any approval. He stated that a parking variance might not
be required given letters of agreement with adjoining property owners
for the amount of spaces needed that is not located on the property.
3
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 2015
7:22 P.M. – 7:59 P.M.
City Attorney Bamburg clarified for Reverend Miller that the Planning
Commission could grant him a time frame to produce the letters of
agreement or request a variance if permission is not granted.
City Engineer Whisker stated that he usually ties any stipulations to
the release of a certificate of occupancy, adding that aside from
that, the Planning Commission could authorize any period of time they
feel appropriate.
Reverend Miller stated that it is very important to them to be able to
construct the sanctuary, saying that the current building is not
accessible for people with disabilities in wheelchairs. He stated
that his parishioners have been faithful and working hard to achieve
this to make sure their Church is people friendly.
Commissioner White stated that his concern is the parking spaces,
saying that the site plan proposal does not seem to work for the
parking. He added that he would like to see the parking plan
reworked.
Mr. Robinson stated that there would not be any way to rework the
parking without purchasing additional property. He added that the
only option is to obtain the letters of agreement for extra parking
spaces. He stated they would like to get approval contingent on
obtaining the letters of agreement, which would be forwarded to City
Engineer Whisker. He noted that if they are not able to obtain the
letters of agreement then they would have to come back regarding a
variance.
Vice Chairman Moore suggested that the rear parking spaces be turned
horizontal instead of vertical; he stated that while it would yield
fewer parking spaces it would allow access for the Fire Department or
any emergency vehicle to gain access.
Mr. Robinson stated that the current proposal is only off by four
parking spaces.
City Attorney Bamburg stated that if parking spaces numbered 17
through 27 were removed, they would lose 10 spaces, which would
increase the variance request to 14.
Mr. Robinson stated that if the Church obtains written permission from
Mr. Vaughn to use his fifteen parking spaces, it would put the Church
one parking space ahead.
Alderman Howard questioned what would happen to the agreement if
Vaughn Tire were to change ownership.
City Attorney Bamburg stated that lease agreements can be drawn up to
be long-term, even continuing past the present owner. He stated that
4
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 2015
7:22 P.M. – 7:59 P.M.
from the Church’s standpoint they would want to get the agreement as
long-term as possible because without it, they do not satisfy the Code
requirements.
In response to a question from Commissioner White, Mr. Robinson stated
that if slanted parking is designed they could gain about 2.5’.
Commissioner White noted that it would also provide for a much easier
ingress and egress.
Mr. Robinson noted that there still would not be enough room between
the building and the parking spaces for emergency vehicles.
In response to a question from Commissioner Twitty, City Engineer
Whisker stated that it is obvious that the rear-parking proposal is
not going to work. He stated that they would have to remove the
parking and find other spaces, obtain a variance, or purchase
additional property. He added that he feels the Church has enough
spaces it can gain from the surrounding businesses.
Commissioner White moved, seconded by Commission Cummings to approve
the site plan, stipulating that the Church obtain letters of agreement
to satisfy the parking code requirement, preliminary and final plat
the property before obtaining a certificate of occupancy, asphalt the
on-site parking area, provide landscaping, and a sidewalk along Stone
Street. MOTION CARRIED.
b. SITE PLAN The Goal Post 7607 John Harden Drive
Ms. Wendy Founds, manager of The Goal Post stated that they have put
two portable buildings on the property. She related that one would be
a snack shack, adding that currently the other building is being used
for storage. She explained that they have constructed a patio area
with benches and picnic tables, adding that they are trying to
construct an outside event area. She related that there is also a
stage that has been constructed and they hope to have some bands play.
She added that they are also requesting an extension from having to
lay asphalt and construct a sidewalk at this time, saying that the
owner has related that he would like to have a few years before having
to construct those improvements. She assured the Commission that he
does want to make those improvements to enhance the property, but is
requesting a delay from having to do that now.
Vice Chairman Moore questioned the total value of the improvements
that have been made.
Ms. Founds stated that up to date they have spent $14,862.00,
estimating that the completed construction and improvements would cost
an additional $4,000.00.
5
CITY OF JACKSONVILLE, ARKANSAS
REGULAR PLANNING COMMISSION MEETING
JULY 13, 2015
7:22 P.M. – 7:59 P.M.
City Engineer Whisker stated that the reason they are before the
Planning Commission is because of the number of accessory buildings.
He surmised that they are constructing something along the lines of an
outdoor patio festival area. He added he feels that it would be good
for the area and location but they currently have approximately 4
accessory buildings and covered benches located on the property. He
related with all the various elements being constructed, he felt it
would be best to have the Planning Commission review the plans as to
whether they would be required to preliminary and final plat, as well
as to construct a sidewalk, and asphalt the parking lot. He noted
that regarding the northern annexed area, this the second or third
time a request of this nature has come up. He recalled Mr. Friedman
request through the Planning Commission over a year ago, requesting
not to plat the property or construct sidewalks regarding a portable
building business. He stated that each request has been for various
reasons, but added that Code requires platting the property,
constructing sidewalks, and asphalting the parking. He related that
they are developing an outdoor patio area to increase their business
in the summertime.
Discussion ensued and it was related by City Engineer Whisker that the
owner also owns property to the south of this property.
In response to a question from Vice Chairman Moore, Ms. Founds related
that none of the outdoor buildings would be joined to the main
building or each other. She stated that the first outdoor building is
10’ from the primary structure, adding that the Fire Marshall has
viewed the structures. She then explained they have hired an
electrical contractor to install lights and cameras. She stated that
everything is being done according to Code and any plan revisions
would be brought to City Engineer Whisker for review.
Commissioner White clarified with Ms. Founds that they are requesting
a two-year delay to install sidewalks and asphalt the parking lot.
Commissioner Twitty moved, seconded by Commission White to approve the
site plan and granting a two-year delay to construct sidewalks and
asphalt the parking lot. MOTION CARRIED.
GENERAL:
ANNOUNCEMENT:
ADJOURNMENT: Vice Chairman Moore without objection, adjourned the
meeting at approximately 7:59 p.m.
Respectfully submitted,
_________________________
Susan L. Davitt
6