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19 APR 08CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 2019 7:00 P.M. – 7:28 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a special session on April 8, 2019. Chairman Moore opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Patrick Thomas, Jeff Elmore, Trisa Dabbs, Vivian Brittenum, Jeff Twitty, Dan Brown, and Mark Stroud answered ROLL CALL. Chairman Jim Moore also answered roll call and declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were Public Works Director Jim Oakley, Councilman Mary Twitty, and interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Stroud moved, seconded by Commissioner Twitty to approve the minutes of the regularly scheduled Planning Commission meeting of March 11, 2019. DEVIATION IN AGENDA: REQUEST TO APPROVE PLAT(S): REPLAT of Lot 5 Harpole Addition Aaron Robinson of Bond Engineering explained that Lot 5 of the Harpole Addition had four houses on the lot, adding that one of the houses burned and has been razed and another was burned damaged. He related that the owner is requesting to make two lots of the one lot and rezone the property for duplexes. He noted that one of the lots will be cleared for one duplex and then come back later and demolish the other two houses to be replaced with one duplex. In response to a question from Commissioner Stroud, Mr. Robinson acknowledged that the Commission could replat the lot without rezoning but added that if the property is not replatted he doesn’t believe the owner will still request a rezoning. He further clarified that if the property is not rezoned then they will pull the replat. Commissioner Stroud stated that he feels it would make sense to replat the lot since it is so large, adding that it would make sense to put a single-family dwelling on each lot. Commissioner Stroud moved, seconded by Commissioner Twitty to approve the replat of Lot 5 Harpole Addition to Lots 5-A and 5-B Harpole Addition. MOTION CARRIED. RESUME AGENDA: PUBLIC HEARING(S): REZONING of newly platted Lots 5-A & 5-B Harpole Addition from R-1 to R-2 Chairman Moore opened the public hearing at approximately 7:07 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 2019 7:00 P.M. – 7:28 P.M. Mr. Aaron Robinson of Bond Engineering stated that the request is to meet the zoning requirements to have one duplex per lot. He stated that this would take the density from four structures to two structures. It was noted that directly behind the property is one commercial and one residential lot. Commissioner Stroud noted that there is all residential to the front of the lots, adding that the property is located within the multi-use zone for future planning. Mr. Roger Lewis of 218 Willow, related that his property is directly across from this property; saying that he feels if the property is rezoned to R-2 it will adversely affect his property values. He went on to say that he has put a lot of money into a current remodeling of his house. He stated that the current owner purchased the property and did nothing to improve the houses except painting and then put them out for rent. He continued saying that he knows this as fact because his wife’s niece rented one of the houses. He stated that she has to let the water run for 5 minutes before she can take a shower because the pipes are so old rusty water comes out for that long. He added that the tenants that live there have had problems getting the landlord to address repair issues. He stated that the tenant that just moved had to hold her rent on three separate occasions before she could get the landlord to fix her heating and air conditioning. He related that the owner lives in Dallas, TX, taking money from this community and it is going to Texas, the owner is not doing anything for Jacksonville. He stated that the homeowners do not want to see their property decrease in value because of the property being rezoned for duplexes because they have their lives invested in their properties. He stated that he feels this would be a bad deal for the neighborhood, explaining that the neighborhood is a short-block street, it is quiet and there are no problems. He stated that he is afraid if the property is rezoned that will change. He then related that last year this property was included in the Historical District. Ms. Deborah Joslin of 224 Willow noted that the houses have been empty more than they have been rented. She concurred that he only did as much as he could to get the houses rented, adding that there have been difficulties with the renters. She continued saying that she feels if the property is rezoned it will decrease their property values. She then answered Chairman Moore that she has been a resident at 224 Willow for 16 years. Mr. Lewis related that after the house fire, the owners did not board the house up, explaining that he ran kids out of the burnt house three times. He stated that he and another neighbor contacted City several times before Code Enforcement finally came out and boarded the house up. He then pointed out that the property is never mowed or kept up. He reiterated that he is definitely against the rezoning to R-2. Chairman Moore closed the public hearing at approximately 7:10 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 2019 7:00 P.M. – 7:28 P.M. Commissioner Brittenum confirmed with Public Works Director Jim Oakley and the immediate neighbors that Code Enforcement and not the owner were the entity that took care of boarding the house. Commissioner Stroud noted that the partially burned house has been boarded up. Commissioner Stroud confirmed that the area is a multi-use area but he does not feel that the neighborhood needs to have R-2, adding that it is perfectly suited for R-1 even with the close vicinity of commercial. Chairman Moore noted that the multi-use area goes down Main Street to the Subway Restaurant area, explaining that it was created for specific purposes. He stated that changing single-family to multifamily set a precedent for other single-family areas. In response to a question from Commissioner Thomas, Mr. Robinson related that originally the owner wanted to come back with another one roof one occupant structure to replace the house the was burned and then tear down the partially burned house and then build another R-1 structure. He then noted that if the house is torn down they will not be able to get a building permit that would adhere to the setbacks, so the current house would have to be remodeled. He stated that the owner was trying to get rid of four older structures that would be replaced with two new structures that would be more aesthetically pleasing and people would want to take care of and have value versus four older structures. He stated that if the property is not rezoned than there will be four structures on the property. Commissioner Stroud stated that since the Planning Commission just lot split the property, the owner could build two single-family houses similar to the one on the street now. Chairman Moore noted that currently there are only three houses on the property and one of the houses is boarded up. Commissioner Stroud stated that he does not feel the partially burned house could be restored enough to rent, adding that he feels the house needs to be completely torn down. Commissioner Stroud moved, seconded by Commissioner Twitty to deny the request to rezone property known as Lot 5 Harpole Addition on Willow Street, now lot split to lots 5-A and 5-B Harpole Addition on Willow Street. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): REPLAT of Lot 5 Harpole Addition Item was addressed under DEVIATION IN AGENDA before the hearing to REZONE said property. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 2019 7:00 P.M. – 7:28 P.M. BUILDING PERMIT(S): REVISED SITE PLAN 5401 John Harden Drive Site Work One Mr. Aaron Robinson of Bond Engineering addressed the item of business, recalling that the Planning Commission approved a site plan of this property several months ago. He then explained that the revised site plan includes another building, noting that the original site plan had two buildings and now, the owner, Mr. Waters is proposing to have three buildings. Mr. Waters stated that originally the site plan had a building with another building attached for use as an office. He explained that since that approval he has acquired another building that will now be the office. Chairman Moore noted that it appears the first building has been moved closer to the entrance and then there is another building that the other driveway can access. Mr. Waters stated that the original back building is still the same, he then agreed with Chairman Moore that the size of the back building has increased in size. He stated that the back building will be secondary and will be built later. He stated that it is included in the site plan to inform the Commission of their later plans. He stated that the little building has already been moved on site. He stated that after Planning Commission approval he is planning to build the 50’ X 150’ building, explaining that it will have the capability of being divided into three separate sections. He stated that he would use one section for the business and lease the other two sections. In response to a question from Chairman Moore, Mr. Waters stated that the two drives will be concrete and everything in front of the office and the long building will be asphalt curb and gutter. He then answered that there will be four paved parking spaces in the front with additional parking behind the building. He agreed that he would be providing landscaping for the front of the property. Commissioner Stroud confirmed with Public Works Director Jim Oakley that the City does not have any concerns regarding the proposed plans but would like to have the Commission make approval contingent upon approval from the Health Department regarding the wastewater septic system and the City approves the flood plain permit. He further stated that while he does not foresee any issues with either stipulation he would still like to have those contingencies in place. Commissioner Thomas moved, seconded by Commissioner Stroud to approve the site plan as submitted contingent on approval from the Health Department regarding the wastewater septic system and the approval of the flood plain permit. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 8, 2019 7:00 P.M. – 7:28 P.M. ADJOURNMENT: Chairman Moore without objection; adjourned the meeting at approximately 7:28 p.m. Respectfully submitted, _________________________ Susan L. Davitt