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15 MAR 17 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in thth regular session rescheduled from March 9 to March 17, 2015 due to a lack of quorum. Vice Chairman Moore opened the meeting at approximately 7:01 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Jim Peacock, Scott Scholl, Joe Cummings, Jr., Rick White, Alderman Howard answered ROLL CALL. Vice Chairman Jim Moore also answered roll call and declared a quorum. PRESENT (6), ABSENT (3). Others present for the meeting were City Attorney Bamburg, City Engineer Jay Whisker, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Howard moved, seconded by Commissioner White to approve the minutes of the regularly scheduled Planning Commission meeting of 9 February 2015 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING The Meadows Subdivision Lots 18-35 from R-1 to R-2 Vice Chairman Moore opened the public hearing at approximately 7:03 p.m. Mr. Brian Boroughs of Traditional Development explained that approximately 3 years ago in 2012; the Planning Commission passed a rezoning for the same lots except two lots that were adjacent to the detention pond. He stated that during the process of the 2012 rezoning, the Jacksonville Partnership for Housing was planning and implementing the 55 lot development that has now been completed. He related that in 2012 they were unable to obtain signatures in agreement for the amendment to the bill of assurance, pointing out that the Planning Commission has approved the rezoning contingent on 75% of the ownership agreeing to the bill of assurance modification. He stated that between the owners and the residents in the completed project they make up approximately 80 to 90 percent of ownership. He then explained that the Jacksonville Partnership for Housing was seeking separate funds and did not want to jeopardize their current funding request, saying that over the course of time the project was not taken up. He stated that they are bringing the request for rezoning back to the Planning Commission, explaining that the Partnership has expressed an interest in applying for an expansion to the 55 lot project. He stated that as a preemptive strike, the rezoning request is being brought back for the purpose of having that status approved going forward. Vice Chairman Moore clarified that the two lots there were not a part of the original rezoning request is lots 30 and 31. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. Mr. Boroughs concurred, explaining that at the time of the original request to rezone those lots were under contract for purchase by the Partnership, explaining that since that time they swapped and moved a couple of other lots. He added that it now makes those lots available for this rezoning request. Vice Chairman Moore clarified with Mr. Boroughs that the detention pond is still located between those two lots. Mr. Boroughs added that no lot lines have changed. Mr. Boroughs then answered Vice Chairman Moore that there is no specific plan but they would like the ability to develop duplexes. He stated that another reason for requesting the rezoning is, even if the plan from Jacksonville Partnership for Housing does not move forward, when they built their project it effectively separated the single-family private ownership “front portion” and abandoned these lots near the railroad tracks. He reiterated that there is a 55 lot single-family rental dwellings between this property and the single-family private owned lots. He stated that it makes these lots very trickey to market. He stated that these lots are separated from what would be built that is consistent with the subdivision, adding that to be consistent with the zoning and land use, they believe it is appropriate to rezone those lots for duplexes. Vice Chairman Moore noted that in prior meeting minutes there was a stipulation that a fence be constructed between those lots and the railroad tracks that run behind those lots. Mr. Boroughs stated that he does not recall that stipulation but added that it would be included in any plan to come back before the Planning Commission. He then answered Vice Chairman Moore that the fence would be a privacy fence. He then agreed to fence the detention pond for safety reasons. He then clarified for Vice Chairman Moore that each unit of the duplex would have its own pump per State Health Department requirements. City Engineer Whisker related that he has been in conversations with Mr. Boroughs regarding the detention pond, explaining that it has been deeper and options were discussed to raise or place a pipe to lower the water so that it would not require a fence. He then stated that if State law requires two pumps per lot then that would be the State’s requirement but in speaking with Wastewater Department they could have one per lot. With no one to speak in opposition, Vice Chairman Moore closed the public hearing at approximately 7:10 p.m. Alderman Howard issued concerns regarding the overall impact of homeownership in the Subdivision when this many rentals are put into an area. He continued, citing concerns regarding property values for the existing home owners when this much rental is put into the Subdivision. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. Mr. Boroughs stated that he could only propose his own opinion, saying that the fact that there are 55 HUD funded rental dwellings in a single-family subdivision, if there were damage, the damage has been done. He then added that his Company built 3 spec houses in The Meadows Subdivision last year and the last one has just been sold. He stated that there has been some success building single-family spec homes with the ability to sell. He stated that with market conditions being what they are, it seems to still be possible to sell single- family residential homes. He then answered Commissioner White, explaining that regarding the lots in question their proximity to the railroad tracks and the fact that there are rental dwellings across the street from these lots makes the lots marketable as a natural transition to multi-family. Commissioner Peacock clarified that he believes Mr. Boroughs is saying that the footprint of this development is already a rental development overseen by a program from the Housing and Urban Development. He went on to say that the 55 lot single-family homes that were built are rental dwellings and will always be rental dwellings. He stated that the 55 lot rental development in this Subdivision would not be significantly impacted by having multi-family units developed. Mr. Boroughs concurred, expressed that this is exactly his thought that he was trying to express. He continued saying that these particular lots do not have an advantage, but are actually at a disadvantage from a marketing standpoint because there is a rental development across the street. He stated that theoretically a developer could purchase the 18 lots and build single-family homes and then offer them for rental and still meet the requirements of the bill of assurance. He stated that rezoning the lots from a land use perspective into R-2 does not necessarily change what could happen there. He stated that he believes these lots have lost ability to be marketable as a single-family owned lot and he would like to be able to market them as R-2. Commissioner White remarked that he regrets to hear Mr. Boroughs’ perspective for these lots, saying that he could see the Subdivision completely built out for single-family homes being a nice subdivision, citing concerns regarding the flow of traffic. He stated that the duplexes would double the amount of population for these lots, then mentioning the undue stress on the utilities as well as the amount of vehicles. Mr. Boroughs stated that with regard to utility capacity, and he believes City Engineer Whisker could also speak to that, he believes there is adequate design in the sewer system. He noted that within The Meadows Subdivision there is an improvement district that oversees and manages grinder pumps, so the improvement district has already funded and designed an adequate sewer system so the added 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. capacity is not necessarily an issue. He then added that from Finch Road to the left and going back there is a distinction when you drive into that area, he stated that on Finch Road on both sides there is a sign which identifies the Subdivision and mentions Jacksonville Housing Authority and Jacksonville Partnership for Housing. He added that there is distinctiveness when you drive beyond Finch that you have entered something else, which was intentional when the project was designed. Alderman Howard questioned if there would be anyway to know about the total amount of police calls from that area. City Engineer Whisker stated that the information could be obtained if needed, but currently it is not on-hand. In response to a question from Vice Chairman Moore, Mr. Boroughs stated that the homes in the HUD project range from 1300 to 1500 square feet. City Engineer Whisker stated that the bill of assurance minimum is 1100 square feet. Mr. Boroughs then answered Vice Chairman Moore, that what prompted them to bring this to the Planning Commission is a conversation with the Jacksonville Partnership for Housing. He explained that in making application they missed the deadline for 2015 application process, adding that their goal as of recently is to make application for another project. He continued saying that in order for them to do that they have to have a certain quantity of occupancy and in order to meet that requirement they would desire that these lots be rezoned for duplexes. He added that the project is funded by tax credits. City Attorney Bamburg stated that most likely there is a minimum requirement regarding housing to qualify for the tax credits. Vice Chairman Moore offered his understanding that the Jacksonville Housing Authority would like to see duplexes developed so they could apply with HUD so they could classify it as rental property. Mr. Boroughs stated that it is based on a quantity of residential dwellings in the Subdivision, noting that previously they had 55. City Engineer Whisker reviewed that the 55 house development were completed in approximately 9 months. He added that the homes are to be rented for 10 years through the Jacksonville Housing Authority before becoming the property of the Jacksonville Housing Authority. Commissioner White questioned if the lots are large enough to accommodate off-street parking. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. City Engineer Whisker stated that the minimum for duplex lots is 6500 square feet and all 18 of the proposed lots do meet that requirement because currently they are R-1 which carries a higher lot requirement of 60’ X 100’. He stated that the City requires space for 1.5 cars per unit, adding that he feels the development would be built for 2 cars per unit. He then answered that roughly these lots are 70’ to 75’ X 148’. Vice Chairman Moore noted that some of the lots would have to be built up because they are in the flood plain. City Engineer Whisker stated that some of the lots were pulled out of the flood plain regarding portions but they did get LOMR fills for those lots listed. Commissioner Peacock moved, seconded by Commissioner Cummings to approve the rezoning of lots 18-35 of The Meadows Subdivision from R-1 to R-2 as requested. Commissioners Peacock, Scholl, and Cummings voted AYE. Commissioner White and Alderman Howard voted NAY. MOTION CARRIED. b. CONDITIONAL USE of C-3 in C-2 zone for Auto Sales at 115 West Hickory Street James Reid introduced himself as the representative for Lidya Koester, petitioner. He stated that Ms. Koester’s family has owned the property for many years and operated a beauty salon for a long time. He stated that Ms. Koester has had the property for sale and a client is interested in purchase if the property can be used as a used car lot. City Engineer Whisker answered Vice Chairman Moore that it is his understanding that the conditional use would be for the purchaser of the property if granted. He demonstrated the property boundaries, relating that there is a white picket fence on the front of the property and chain link around the remainder. He noted an asphalt parking lot on the lower right-hand corner of the property. Vice Chairman Moore noted that the paved parking area is not very large, adding that City ordinance says that car lots have to be dust free. He pointed out that not very many cars could be parked in that small of an area. City Engineer Whisker stated that the ordinance that deals with the asphalting of a parking lot is part of the landscaping ordinance, pointing out that the landscaping ordinance comes into effect if improvements are made to the main structure. He added that if it is required that the cars be parked on asphalt it is a small area. Alderman Howard questioned where customers would be able to park, noting that there are provisions that prohibit parking on the streets. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. City Engineer Whisker stated that he believes when the beauty salon was being operated the customers would park off the street pulling in off Hickory Street going straight into the parking lot. He stated that the fence was added once the property was vacant. Vice Chairman Moore stated that he also has concerns for where customer parking would be located. Ms. Koester made mention of the vacant lot adjacent to this property. Vice Chairman Moore questioned if the vacant lot is part of the conditional use request. City Engineer Whisker clarified that the property consist of two narrow lots and both are being sold. City Attorney Bamburg further clarified that both are included in the conditional use request. Alderman Howard recalled that recently the Planning Commission granted approval for a car lot on North First Street. He then noted that property across from the Second Baptist Church was rezoned for a car lot but it has not been established yet. With no one to speak in opposition, Vice Chairman Moore closed the public hearing at approximately 7:31 p.m. Vice Chairman Moore stated that a concern for him would be inoperable vehicles being placed on used car lots. He noted that some used car lots purchase wrecked vehicles and place on the lots to be sold. He stated that part of the conditions for the conditional use that he would like to see stipulated, is that no wrecked or inoperable cars are allowed on the lot. He noted that any dumpster would have to be screened per the City ordinance. He further noted that ADEQ prohibits car maintenance such as oil changes. Alderman Howard moved to approve the conditional use for property located at 115 West Hickory Street. City Attorney Bamburg requested that the conditional use be granted in the name of the proposed buyer, adding that the Planning Commission would also need to address how long the conditional use will apply to this property. Mr. Reid stated that another agent is representing the buyer, adding that the sale is contingent on the property being able to be used as a used car lot so he does not have the name of the buyer. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. City Attorney Bamburg clarified that the owner can request the conditional use but because it is being designated a conditional use specifically for the buyer, the buyer needs to be identified, unless the Planning Commission is willing to grant blanket approval. He added that he would not suggest offering blanket approval. Alderman Howard withdrew his motion for approval. Vice Chairman Moore reminded the Commission that once the buyer is identified, the time limit for the conditional use needs to be set. He stated that one of the conditional uses approved for James Street still has not been accomplished. City Attorney Bamburg counseled the Planning Commission to table the request until all information has been provided. He stated that the public hearing has been opened and closed, so it would not require a re-advertisement. Alderman Howard moved, seconded by Commissioner Scholl to table the conditional use request for 115 West Hickory pending buyer information being provided to the Planning Commission. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Darren Barry Subdivision Steve Beadle of Beadle Surveying Company stated that the Darren Barry Subdivision is a one lot subdivision. He related that it is a 5-acre parcel of property purchased by Mr. Barry, who is now proposing to sell the southern 4 acres. Vice Chairman Moore noted that the Subdivision is located outside the City in Pulaski County but is within the City’s planning jurisdiction. City Engineer Whisker indicated on the plat that on the south end of the property is the Little Rock Air Force Base with Maddox Road running east and west. He noted that to the north of the property is a development referred to as Jet City. He stated that the 1-acre lot being final platted would be held by Mr. Barry for his own, adding that he wants to sell the other 4 acres which would technically require subdividing the property. He informed the Planning Commission that when less than 5 acres is being subdivided it requires approval by the governing body. He then answered that it satisfies City and County requirements. Alderman Howard moved, seconded by Commissioner Scholl to approve the Final Plat of the Darren Barry Subdivision as requested. MOTION CARRIED. b. SKETCH PLAT 42 Acres on T.P. White Drive 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. City Engineer Whisker related that the property is known as White’s Auto, saying that the property is just south of Hog Wild Liquor on T.P. White Drive. He stated that the property is described in 3 or 4 metes and bounds descriptions, which has been gathered into one and then sectioned out. He stated that the property is zoned C-3, continued saying that according to the County’s regulations if a larger tract is separated to less than 5 acres it has to be submitted to the governing body. He added that if the property was separated into tracts larger than 5 acres then it would not have to come before the Planning Commission. He noted that the first tract is 6.75 acres, which is being proposed for sale because it did not violate subdividing rules it is only being shown on the plat to offer the Commission an overview because the subdividing of the remaining tracts are less than 5 acres. He noted that the driveway separation on the two tracts is less than the 200’ required. He then answered Vice Chairman Moore that the rear 428’ of lots 1 through 3 are located in Lonoke County. Vice Chairman Moore then noted that in meetings it was discussed that a water easement was necessary for fire hydrants. City Engineer Whisker stated that it would not only be for fire hydrants but the Water Department requires an extension to the main heading south. He related that the main runs down from Ace Liquor past Hog Wild, adding that as additional properties are bought and sold the main will have to continue across. He stated that he believes the main will be 10 or 12” with proper fire hydrants. He noted that fire hydrants have to be within 500 feet of the building. He stated that this understanding from the buyers is that they were going to construct a building so the main extension, sidewalk, and platting of the property will continue. City Attorney Bamburg stated that the Commission would not necessarily have to take formal action regarding approval because the item will come back to the Planning Commission once the overall scheme of the property is determined. He related that at this point the Commission action, if necessary, is to let the developer know the plan is appropriate. He added that if the Commission has concerns it could be addressed now to offer the developer directions. City Engineer Whisker noted that the buy and selling of commercial land would not be the same as planning a residential subdivision. He stated that commercial lots are more driven by the industry that would purchase them regarding the needed square footage. He then answered Alderman Howard that lot 1 is where White Auto Sales and shop is located, adding that his home is on lot 2. Commissioner White moved, seconded by Alderman Howard to approve the sketch plat as a proposal. MOTION CARRIED. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 17, 2015 7:00 P.M. – 7:45 P.M. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: City Engineer Whisker stated that he has spoken with Richard Magee from Metroplan regarding the training session, saying that one of the problems was computer compatibility and he and Mr. Magee are working to resolve those issues. He surmised that it would be resolved by the next regularly scheduled Planning Commission meeting. ADJOURNMENT: Chairman Ott without objection adjourned the meeting at approximately 7:45 p.m. Respectfully submitted, _________________________ Susan L. Davitt 9