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16 JUL 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on July 11, 2016. Chairman Moore opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Patrick Thomas, Jim Peacock, Jr., Joe Cummings, Jr., and Rick White answered ROLL CALL. Chairman Jim Moore also answered roll call and declared a quorum. PRESENT (5), ABSENT (3). One position is open. Others present for the meeting were City Engineer Jay Whisker, Roberta Bonham, Alderman Barbara Mashburn, Code Enforcement Officer Charlie Jenkins, James Reid, Otis Stewart, Lydia Koester, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner White moved, seconded by Commissioner Thomas to approve the minutes of the June 13, 2016 regularly scheduled meeting as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE 115 West Hickory Street C-3 in a C-2 for a used car dealership Chairman Moore noted that the item had been tabled at the regularly scheduled meeting in June. Chairman Moore opened the public hearing at approximately 7:03 p.m. Ms. Myers explained that she is representing her mother, petitioner Lydia Koester, stating that they are requesting a C-3 use in a C-2 zone for a car lot. Ms. Arnetta Williams related that she would be the operator of the used car lot at 115 West Hickory Street. Chairman Moore noted that at the June meeting, the Planning Commission had requested information regarding the operation of the business. Ms. Williams stated that she brought information from the State Police regarding her obtaining her license as a used car dealer. She clarified that the information she brought is the requirements by the State Police in order for her to obtain her license. She then answered Chairman Moore that she does not have her own license and has been working under her grandfather’s license. She explained that her grandfather is preparing to retire and she is preparing to open her own car lot. Chairman Moore noted that one requirement under the Arkansas State Police in regards to a used car lot is that they have to inspect the facility prior to issuing a license. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. Ms. Williams concurred with Chairman Moore that she has not applied yet to the State Police, saying that she was waiting to see if the conditional use was going to be granted so she could move forward. Chairman Moore asked for anyone wishing to voice opposition to the request to please present. Ms. Roberta Bonham read a statement on behalf of the Jacksonville Historical District Committee. “In July of 2014, the Jacksonville Historical District received its 501 C-3 status as a non-profit. In July of 2015, the Jacksonville Historical District was approved by the Department of Arkansas Heritage. In August of 2015, the Jacksonville Historical District was selected to be placed on the National Register of Historical Places. This means that our listing in the National Register provides recognition of the community’s historic importance and assures protective review of any federal, state, or municipal projects that might adversely affect the character of this historic area. At this time, the areas included in the Historical District are from Mulberry Street to Center Street and on Second Street are from Mulberry Street to Hwy. 161, also known as First Street, encompassing all the streets in-between this eight block radius, as well as the original jail on Spring Street. The Jacksonville Historical District represents community growth from the mid 1920s to early 1960s. With help, plans are to restore the buildings and homes to their full glory and add a replica of the Train Depot located where it was built in 1870 on Short Street, this area will serve as a tourist attraction, bringing business back to this area and tax dollars to the City. If a car dealership is allowed to go in on Second Street, it will affect the integrity of the entire Historical District. We at the Historical District Committee respectfully request that the Planning Commission does not grant the request to rezone the area on the corner of West Hickory and Second Street, for this would disrupt the integrity of the City’s Historical District. It is the understanding of the Historical District that there is a car lot that wants to go in on the corner of West Hickory and Second Streets, if allowed this would not only intrude on the residence that live in this quiet area, it would also impede the federal funding of the Historical District for this area. In summation, there are eight blocks that fall under the umbrella of the Jacksonville Historical District which includes Second Street from Division to North First Street; it is the intent of the Historical District Committee to ensure that the integrity of this Historical and residential area is never disrupted.” Ms. Debra Fulton, founder of Jacksonville Pride, a non-profit organization working to restore the area of Sunnyside, added that this car lot will increase the crime rate. Pointing out that they have been working very hard to lower the crime rate in Sunnyside. She continued saying that they are trying to better the neighborhood and do not support the addition of a car lot to the area. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. With no one else to speak for or against, Chairman Moore closed the public hearing at approximately 7:12 p.m. In response to a question from Commissioner Thomas, Ms. Bonham stated that the lot in question is part of the Historical properties, which are encompassed under the National Registry with both the State and the National Historical District. There is an eight-block radius in which Jacksonville originated and in additional that particular lot is adjacent to a historical building and house that are still standing. Alderman Mashburn, President of the Jacksonville Historical District, informed the Commission that Fred Thompson, the Post Master in 1930 lived in a house on that block. Ms. Bonham noted that there are plans to have the original train depot moved back to its original location on Short Street is only a half block from the property being considered tonight. She continued saying that it would not be conducive to the Historical District’s efforts to have the train depot restored and moved back to its original location. In response to a question from Chairman Moore, Ms. Williams answered that she plans to have five or six vehicles on the lot for sale. She then assured the Commission that she did not plan to have onsite maintenance or detail work of these vehicles. She stated that any mechanical work would be done at her grandfather’s garage. She then assured Chairman Moore that she would only be purchasing running and drivable vehicles. She then answered that she would be purchasing year models 2005 to 2008. City Engineer Whisker mentioned previous concerns for parking vehicles in the grassy area, noting that he has determined that there are seven or possibly eight spots available for parking. He surmised that if she is planning to have six cars for sale that would only leave two parking spaces for employees but none for customer parking. He then noted that on-street parking is not considered regarding parking requirements. Ms. Williams stated that she is not planning to park vehicles on the grass, citing that it is also one of the State Police requirements to make sure the vehicles are parked on gravel or pavement. City Engineer Whisker stated that his recollection was that there were seven or eight parking spots on the pavement. He and Chairman Moore noted a utility box that would most likely have an easement on the property. He then noted that it appears that the fencing is on the property line. Chairman Moore questioned if Ms. Williams had investigated other areas in the City that were already properly zoned for used car lots. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. Ms. Williams stated that she had looked into other areas but was referred to Ms. Koester through a realtor that this would be a possible good area. She then stated that she did not feel the other areas were adequate for her needs, explaining that she had checked out another area but the owner was not interest in selling or renting the property. Discussion ensued and Ms. Williams concurred that she has not made application to the State Police for her license yet because she has to have a location and a place for the sign as part of the requirements. She stated that all other State requirements are ready; she is waiting on having a location. Commissioner Peacock stated that the Planning Commission is pro- business for Jacksonville, saying that he is interested in the Historical District as a life-long resident of Jacksonville. He added that he is very interested in a Historical District that promotes business and Jacksonville. He reminded that Jacksonville has gone through some growing pains, but finally has its School District, saying that everything done has to be with a lot of consideration and thought. He stated as Planning Commissioners, they need to filter through for the City Council, to help them make their decisions on how zones are changed. He related that he feels used car lots have a specific place in Jacksonville; the location needs to be in the right geographical location in order to serve Jacksonville and to serve the business that decides to locate to Jacksonville. He added he does not feel a used car dealership would be a good fit for this piece of property for either the business or Jacksonville. Chairman Moore stated that the Planning Commission approves the zoning and land use plans for the City, saying that it is very important that once those are approved, that the integrity is maintained. He related that part of the zoning and land use plan sets up C-3 areas for businesses like this. He added that to impede into the C-2 area would take away from those businesses that are approved for that area. Commissioner Thomas pointed out and questioned that as the Historical District was outlined, did the property owners have any say, and what impact did the property owners have in that. He stated that this request is a good example, surmising that if he were the owner of this property he would wonder what could he do with this property since it is in the Historical District. He continued saying that if he were a realtor in this town, should he shy away from trying to push properties in the Historical District and if the Historical District wants to dictate what can and cannot happen, he would believe that we might have to consider rezoning the Historical District so this issue does not come up again. He surmised that if he were the property owner, he would be concerned by the fact that he owns a property that is inside a boundary that has put a lot of restrictions on the property. He continued saying he is not sure if this would increase or decrease the property value. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. Commissioner Peacock moved to deny the request as presented. MOTION DIES FOR LACK OF A SECOND. In response to a question from Commissioner Cummings, Ms. Williams stated that she would have to find a new location as the next step in moving forward to obtain her license if this is not approved. She concurred that she would have to have the location fixed before obtaining her license. City Attorney Bamburg clarified that the State will not approve the dealership license unless there is an approved location. He went on to say that the site would have to satisfy local and State criteria. Commissioner Thomas moved, seconded by Commissioner Cummings to table the item of business until the Planning Commission takes the item off being tabled. MOTION CARRIED. b. CONDITIONAL USE of C-3 in a C-2 zone located at 315 Dupree Drive for a used car dealership Chairman Moore opened the public hearing at approximately 7:33 p.m. Mr. Scott Keith addressed the Commission, explaining that he represents Massey Auto Sales dba Drive Now Auto Sales. He related that they are currently a licensed dealer operating at 8922 Landers Road, North Little Rock. He stated that they own the building at 315 Dupree Drive, saying that it was purchased last year and they have done extensive renovations to the building. He noted that they have put a new roof on the building, fixed water problems and have significantly improved the aesthetics of the building. He stated they are requesting to move their car business to this location. He explained they are hoping to place 15 to 20 vehicles on the lot, year models 2000 and up. He continued saying that they would not sell automobiles to be repaired, they would be operational vehicles. Chairman Moore asked anyone opposing the request to present to the Commission. Ms. Barbara Mashburn stated that she is Alderman for Ward 3, Position 2 of the City of Jacksonville, adding that this property is in her Ward. She continued saying that she speaks for the residents of her Ward in that she and they are opposed to having a car lot in their residential area. She stated that it is felt that it would disrupt the peaceful nature of Dupree Drive and Warren Street. She then pointed out that it would also disrupt the Warren Street Neighborhood Watch that has been successful for the last six years. She reiterated that she speaks for herself and the residents of that area, saying that they do not want a car lot located in their residential area. She then noted that there is a church located adjacent to this property that is also in opposition to the conditional use request. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. Chairman Moore asked Mr. Keith if he is representing the car lot or the owner. Mr. Keith stated that he is representing both. He explained that he is part owner of the car lot and owner of the building. He then concurred with Chairman Moore that Massey Bates is also part owner of the property as well as the car lot in North Little Rock. He then answered Chairman Moore that the property owner is listed as Galleria Properties. Mr. Massey Bates clarified that the owner of the property is listed as Massey D. Bates, Jr., as his partner had stated, they purchased the property approximately one year ago. He related that the property was in very bad shape, noting that it had previously been an O’Riley’s Auto Parts store. He stated that they had to do quite a bit of work to the property, saying that they have $100,000 invested in the property. He related that they had a car lot in Jacksonville before and did well, adding that they moved to Landers Road on Hwy. 67/167. He stated they both have businesses and were planning to construct offices to work out of and to sell a few cars. Chairman Moore stated that he is still trying to get clarification regarding co-ownership, asking if both he and Mr. Keith own the property at 315 Dupree Drive. Mr. Bates stated that legally he is the owner, but they are partners in the business Massey Auto Sales dba Drive Now Auto Sales. He concurred with Chairman Moore that they are both owners of Drive Now Auto Sales. With no one else presenting to speak for or against, Chairman Moore closed the public hearing at approximately 7:39 p.m. Commissioner Thomas asked for clarification regarding the property lines in relationship to the adjacent church. City Engineer Whisker answered that the parking spots adjacent to the church are not owned by the church nor are they part of the property in question. He explained that it is a 30’ tract that is owned by a third party. He stated that there are 16 parking spots regarding the property of request. He demonstrated roughly where the property line is located, indicating that it is the 30’ between the church and the property in question. He stated that this request goes back to the earlier argument, this property has 16 parking spaces and they are requesting to stock between 15 to 20 cars, plus employees, plus customer parking. He stated that there are not enough spaces on the lot. Chairman Moore questioned if Mr. Bates has an agreement with the third party to use the parking spaces in the alley. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. Mr. Bates stated that he does not have an agreement but he is in negotiations to purchase the property. He stated that he has also talked to the church and they do not have a problem with them doing that. He stated that if they purchase the 30’ tract they intent to keep it open for Sunday church parking because they have been parking there for years. He then noted that the 30’ alley begins 2’ from the edge of the church building. He stated that he had talked to the pastor and he said he does not have a problem with the request, adding that he assured the pastor that they are going to leave it so it can be used for church parking for their services. Commissioner Thomas asked if the pastor was willing to put it in writing. Mr. Bates stated that he had talked to the pastor on the phone, saying that he had gone to the parsonage but the pastor is only there on the weekends. He stated that he does not want to do it if they do not want him there, adding that he does not want to make anyone upset. He then reiterated that as owners of the property they have an investment in the neighborhood. He stated that he feels the property looks 100% better than it did when they purchased the property. He stated that to him the area is commercial property, saying that down the street there is a car lot on the corner and then another slightly further down the street and CarMart is visible from this property, Walgreens, and the detail shop are all on this same street. Chairman Moore concurred, and then noted that the car lot down the street is zoned C-3, which supports a car lot business. He stated that the letter of request states that they would inventory 16 to 20 vehicles and the City Engineer has stated that there is not enough parking to accommodate that inventory as well as employees and customers. Mr. Bates stated he would be willing to lower the amount of inventory, saying the way he counted he feels he could accommodate 15-20 vehicles. He then added that he is not sure how much space is required for parking. Mr. Keith reiterated they would be willing to limit the number of vehicles to what the City determines is adequate for that property, adding that it could be revisited after the purchase of the other property. Chairman Moore questioned if they had considered a location that was already zoned C-3. He stated that they have an obligation as Commissioners to make sure that the Land Use Map that was approved 4 years ago is upheld. He stated that they are getting request for car lots in shopping centers or quiet commercial areas. 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. Mr. Bates stated that he was not aware that the area did not support a car lot because there were other car lots on the same street, adding they are asking for a conditional use. Chairman Moore noted that there are established C-3 areas along the Highway. Commissioner Thomas referred to the Land Use Map, noting that on occasion they have had people ask to consider a conditional use for used car lots, saying that there is obviously something going on that is driving the used car lots to Jacksonville. He stated that he concurs with Chairman Moore’s request, have these applicants reviewed other suitable properties. He added that for them to consider a conditional use for the property owner could result in a hundred-year conditional use for the life of the property owner unlike a person who is leasing the property and the conditional use would only be valid for the lease of the property. Chairman Moore recommended that the request be tabled until Mr. Massey work out his deal with the owner of the 30’ alley regarding additional space because of the lack of parking space available to the property. Mr. Bates stated that he would be okay with tabling the request but pointed out that he does not want to purchase the property at the price that was quoted by the property owner if he is not going to be able to use it. He stated that he does not understand because he has a vested investment in the property, adding that he is not renting property to open a car lot and stay for just 6 months. He stated that they want to build a business and make the property look much better. He pointed out that the property needed a lot of work when he purchased the property, adding that he has spent over $100,000 on property improvements with at least an additional estimate of approximately $30,000 to complete the improvements that they would want for the property. He related that he rented property before when he had a car lot in the shopping center by Crooked Hook restaurant, explaining that it did not have enough space, so they moved the business to the current location on the Highway. He stated that location prices on the Highway are not affordable unless you are a large dealership. He reiterated that he does not understand the Commission’s reluctance because he has already put a large amount of money into the rehabilitation of the building. He added that he can understand that it is in the wrong zone but pointed out that he is wanting to establish in Jacksonville not just come and go. Chairman Moore reiterated his suggestion that the item be tabled until it is known if Mr. Massey is going to be able to obtain the additional space, he reminded the Commission that the City of Jacksonville has adopted a Land Use Plan for Jacksonville and the Commission needs to be careful regarding conditional uses. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. Commissioner Thomas stated that he would like to have something in writing that the adjacent church is in agreement with the granting of this conditional use. Commissioner Thomas moved, seconded by Commissioner Cummings to table the request until the applicant receives and provides written permission from the church to use their property, a clear delineation of the property lines regarding all three properties, and whether they are going to have any type of an offer and acceptance in writing regarding the 30’ alley. MOTION CARRIED. c. CONDITIONAL USE of C-3 in C-2 located at 501-B North First Street as a cosmetology school Chairman Moore opened the public hearing at approximately 7:57 p.m. Ms. Geniese Simpson explained she is requesting to open a cosmetology school at 501-B North First Street. She then answered that she has a beauty shop and barbershop in West Little Rock. In response to a question from Chairman Moore, Ms. Simpson stated that she does not yet her license from the State to open the school, saying that she wanted to come before the Planning Commission first because the State requires that she have the proper location first regarding zoning. She explained that the State would have to do an inspection if she is approved. She then explained in order to open the school she would have to have 25 registered students. She added that the owner is planning to brick the building and add a parking lot. Chairman Moore noted that there is a curb cut on Stonewall Drive that would accommodate the parking lot. Ms. Simpson noted that she turned in a letter of approval to operate a school from the owner, Mr. Friedman. She then noted that a daycare had previously occupied the building. With no one else to address the item of business, Chairman Moore closed the public hearing at approximately 8:00 p.m. In response to a question from Commissioner Peacock, Ms. Simpson clarified that she is not currently operating a cosmetology school, adding that this is a new endeavor. She stated that she is a licensed instructor to teach a cosmetology school and also has a cosmetology license to do hair. She reiterated that in order to open her school she will have to have 25 students. City Engineer Whisker explained that previously the parking was shared with the business located to front of the property, pointing out that 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 11, 2016 7:00 P.M. – 8:07 P.M. this building does not have any dedicated parking. He stated that if approved a parking lot would need to be a condition of approval as well as any landscaping that goes with the parking lot. In response to a question from Chairman Moore, City Engineer Whisker related that there is a sidewalk from the front parking area to this building and a sidewalk along Stonewall Drive. Discussion regarding the parking lot ensued and City Engineer Whisker stated that in making the assumption that all the property is owned by Lloyd Friedman, he proposed that the parking lot would probably be located to the rear of the building with a driveway leading to Stonewall Drive. It was noted that the area with the ice machine in the front parking lot has heavy traffic at times. Ms. Simpson further clarified that while she could obtain her license to operate a school, the State would not let her open her school until she has 25 enrolled students. Commissioner Thomas moved, seconded by Commissioner White to approve the request for Genise Simpson operating as Simpson Academy of Cosmetology to operate a C-3 business in a C-2 zone, stipulating that the property owner construct an access and parking lot with the Code required number of spaces regarding the square footage of the building and provide landscaping improvements according to Code requirements. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ADJOURNMENT: Chairman Moore without objection, adjourned the meeting at approximately 8:07 p.m. Respectfully submitted, _________________________ Susan L. Davitt 10