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19 NOV 12 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on November 12, 2019. Chairman Moore opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Patrick Thomas, Billy Hall, Vivian Brittenum, Jeff Twitty, Dan Brown, and Mark Stroud answered ROLL CALL. Chairman Jim Moore also answered roll call and declared a quorum. PRESENT (7), ABSENT (1). One seat open. Others present for the meeting were Public Works Director Jim Oakley, Bob Price, Daniel Gray, and interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Stroud moved, seconded by Commissioner Brown to approve the minutes of the regularly scheduled October 14, 2019 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. CONDITIONAL USE C-3 in C-2 zone at 207 Dupree Drive Petitioners Jaskiran Kaur and Yadwinder Singh were not present. No action taken. b. REZONING 1106 West Main Street to C-3 for Automotive Sales and Repair Chairman Moore opened the public hearing at approximately 7:08 p.m. Petitioner Rodolfo Garza of Cabot, Arkansas and his daughter, Brittany Garza related she would be representing her father regarding the property at 1106 West Main Street. Brittany Garza stated that they had requested a Rezoning but would like to modify the request to a Conditional Use. Chairman Moore ascertained with Ms. Garza that she had not formerly made a change of request in writing but is verbally requesting that change now. In response to a question from Chairman Moore, Ms. Garza stated that she was told that if she changed to a Conditional Use it would still be covered under the Rezoning. She then answered that she was told this by Daniel Gray. City Attorney Friedman stated that she had spoken to Daniel Gray regarding… 1 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Mr. Daniel Gray of ReMax Realty explained that the owner of the property was in the process of selling the property to Mr. Garza, adding that it was their intent to have an auto sales business at 1106 West Main Street. He then related that in speaking with Chairman Moore they learned that there was a Committee that was going to come up with some Code Enforcement for used car lots. He then added that after some discussion, he said that it might be better that they go ahead and request a rezoning since they would be the new owners of the property. He stated that upon further discussion, he felt that a conditional use would be better for the property. He then related that in discussion with City Attorney Friedman, the property has already been advertised and if anyone had a problem with the request they would be present tonight. He stated that it has been properly advertised and it is his understanding that they can just go ahead request change to conditional use. Chairman Moore stated that an advertising for rezoning, any change would require a new advertisement as a conditional use. Mr. Gray stated that is not according to City Attorney Friedman, adding that is not what he gathered. City Attorney Friedman stated that as their discussion if someone had an objection to it, they would be present. She added that the sign has been properly advertised. Chairman Moore pointed out that the signage was for a rezoning not for a conditional use. City Attorney Friedman stated that would be the decision of Chairman Moore, adding that she does not see an issue with it. She added that this is what she told Mr. Gray on the phone. She further added that because of time constraints, they would not have had time to redo the advertising. Mr. Gray stated that he learned from calling the City that they would have to have a conditional use in a C-2 zone to have an auto sales or a rezoning to C-3. “Upon receiving the rezoning ordinance from the City Attorney, I don’t think that is quite accurate, I think conditional uses cover quite a bit of things including auto repair, automatic carwash, towing facilities, drive-in restaurants, saying that all of those things are conditional uses in a C-2. As I drive around close to this property, there are several other properties that have conditional uses according to our ordinances, they would be required to have a conditional use.” He then asked Commissioner Hall when he went into business. Commissioner Hall stated it was May of 1955. 2 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Mr. Gray acknowledged that Mr. Hall’s business predates this ordinance, adding that he is sure the carwash was well after the ordinance and Firestone was after that. He stated that there are quite a few businesses on the Main Street block that require a conditional use regarding the ordinances. He went on to say that he understands that we are having a lot of problems with used car lots, adding that he feels the problems are stemming from Code issues more so than where they are located. He continued saying that he believes a lot of the problems are because the lots are too small for the type of business they are trying to do. He stated that he feels this property would be very nice, it will have a great presence on Main Street, and they did purchase the lot directly behind 1106 West Main Street. He stated that Brittany Garza has some packets that she wants to hand out to the Commissioners. He then stated that he believes it would be one of the nicest car lots in town. Commissioner Stroud confirmed if the issue right now is whether or not we are going to hear a conditional use request. He reiterated the issue of it going from a request to rezone to being considered as a request for conditional use. Chairman Moore stated that the request was for a rezoning, now they are wanting to do a conditional use. He stated that it is up to the Commission if you want to hear this as a conditional use or have it re-advertised. He added that we cannot go into a lot of discussion on what everything is going to look like until we decide. Commissioner Stroud stated that was his point, there is no use going down this road until we settle the first issue. He stated that the Commission should discuss among ourselves whether this is allowed. He stated that it sounds like legally it is okay from what he hears, as Commissioners are we willing to hear this because as it stands right now, shouldn’t we close the public hearing and then have a discussion on going forward as a conditional use and then reopen the public hearing. Ms. Brittany Garza offered that from what she has studied that the conditional use, pretty much has the same advertising as the rezoning, so it is pretty much covered. Chairman Moore closed the public hearing at approximately 7:15 p.m. to have the Commission discuss the issue regarding a change of request from rezoning to conditional use. Commissioner Twitty asked if the Commission is in agreement that it is okay legally to change the request now. 3 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. City Attorney Friedman stated that she has not found anything that says you cannot change it once you’re at the meeting. She continued saying that the only requirement is that you provide the community enough time, give them enough notice to come forward if they have an issue with one or the other. Constructively this accomplishes the same thing as a rezoning, you are doing the same change, you’re just calling it something else. So, the intent behind the advertisement is to give the public notice so they can come voice their opinion. She reiterated that she has not found any case law or anything statutorily that says you cannot do this, that is why I leave it in your hands. Commissioner Twitty stated that it has been advertised and there is no one here tonight to object. Chairman Moore clarified that he has not entertained objects yet. He restated that now we are discussing whether to accept their requested change from rezoning to conditional use. Commissioner Stroud stated that if we talk about this as a rezoning, we are actually going against the Comprehensive Development Plan and we are saying this will be rezoned in perpetuity at this level, which is one discussion. He added that this is in effect a lighter step onto our zoning because we are not rezoning, we are saying that a conditional use is better in this particular area. He related that we still have the same thought process as Planning Commissioners, to go through if it is good for the health and welfare of the community. He offered that from a Planning Commissioners standpoint he does not have a problem with allowing them to change it to a conditional use for us to discuss. City Attorney Friedman stated that was her thought process too, a conditional use goes to the business not the land itself, so it is a lighter version of rezoning. If someone were to apply for a conditional use and then ask for a rezoning that is a little bit different, but they are asking for less than what was initially advertised. Chairman Moore concurred, saying that is some of the problems we have had as Mr. Gray has spoken, the rezoning would be permanent, whereas if they decide to sell the property then the zoning of C-3 would carry forward with its allowable uses. He then stated that with a conditional use you can establish a time limit where it has to be reapproved for the continued use. Chairman Moore stated that he would entertain a motion to change the request from a rezoning to a conditional use of C-3 in a C-2 zone regarding property at 1106 West Main Street. 4 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Commissioner Stroud moved, seconded by Commissioner Brown to approve the change of request from Mr. Rodolfo Garza to a conditional use regarding 1106 West Main Street and to proceed with the public hearing. MOTION CARRIED. Chairman Moore opened the public hearing at approximately 7:11 p.m. to hear the request of a conditional use of C-3 in a C-2 zone at 1106 West Main Street for Mr. Rodolfo Garza. Chairman Moore invited Dr. Robert Price to address the Planning Commission. Dr. Price stated that he can comment on what direction the City is going related to this long-term. He related that he has a Comprehensive Master Plan for economic development in Jacksonville which was completed in 2017. He noted that the Plan was endorsed by the Jacksonville Planning Commission and approved by the City Council. He explained that part of the Plan is the rejuvenation of downtown, and many efforts and events have been held with that goal. He stated that in the Plan he discusses the issues all cities who tackle the issue of downtown rejuvenation runs into, which is the issue of zoning and ordinances that put things on the track that is consistent with the Master Plan. He stated that zoning issues of downtown were discussed and the fact that we would have to develop ordinances if we wanted to go the direction that many towns that do go in, where the downtown rejuvenation, in fact, which is mostly retail, entertainment, and improve housing areas. He related that the events they have been doing downtown is a strategy to try to begin to acquaint people to come back downtown. He noted that they have hosted a 5K event, the third year of Five-Points Festival, Christmas lighting, and all of that is described in detail in the Master Plan as a strategy to begin to pull people back downtown as a long-term plan. He stated that they are in the process to develop a series of ordinances, which is going to drive that process. He stated that those ordinances will need to be written to guide the kind of businesses we want downtown, adding that he is not saying what should or shouldn’t be there. He continued saying that he can offer what most cities have done, which is entertainment, retail, etc. He related that those ordinances will have to come before the City Council and they will vote on the direction that they want to go in that regard. He stated that his job is to try to put a plan together to help us have the most rejuvenated downtown we can and typically that is not C-3, typically that is C-2 types of businesses. He cited the City of Batesville, saying they have done a great job of this, walking downtown you don’t see these kinds of businesses. He continued saying what you do see is a new movie theater that has come back, and a lot of boutiques, new condos and apartments to pull people downtown. He stated that is typically the model. He then added that again, he is not saying that you can’t have these kinds of businesses, I’m saying what typically works in most rejuvenated downtown areas. 5 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Commissioner Stroud asked for clarification, questioning Dr. Price if he had heard him say that the City is currently working on an ordinance that would kind of answer where we are with this. Dr. Price stated that City Attorney Friedman and he are beginning to discuss this, but we will have an ordinance that will go before the City Council to provide guidelines for making these kinds of decisions. He then clarified for Commissioner Stroud that typically C-3 is not what you would bring a downtown rejuvenation area. He stated that he has been in a lot of cities that have brought their downtowns back and that is typically the core strategy for an economic development plan for a community, bring the downtown back as much as you possibly can. He noted that Conway is another example, and that is the trend. He stated that as it stands currently, we do not have an ordinance, we have a description of a plan and a Master Plan that has been endorsed by the City Council and the Planning Commission. Commissioner Twitty related that it sounds as described by Dr. Price that this development may hinder the progress of the downtown rejuvenation plan. He asked if there are any grants that are tied into the downtown rejuvenation that could become in jeopardy if in fact this is conditional approved for a C-3. Dr. Price stated that he could not make that statement. He then added that a good business is a good business. He stated that the trend has been in the other direction, but that does not mean that a good business would hamper anything. Mr. Gray noted that the property has already existed as a conditional use C-3 in a C-2 zone as an auto repair business, so has Firestone and the automatic carwash, as well as Ivy Hall Garage, and many other businesses that we are talking about. He stated that he has been an advocate of the rejuvenation project but he feels it needs to be clearly defined area of where that fits, saying that he believes the Five-Points area, Double R, Hastings to the Historic District is probably more realistic. He then noted how long is this going to take, adding that he understands the burden of the Planning Commission but given the location of this property there are so many other properties that are C-3 already. Chairman Moore corrected that according to the zoning map all of that area is C-2 with a couple of areas that are C-1. Mr. Gray offered to read the ordinance. “Zoning Shopping Center District C-2, conditional uses in the C-2 district are: Any use permitted in R-2, R-3, R-4, C-1; mini-warehouses; schools; commercial recreation; service station; auto repair, drive-in restaurant; public utility facilities; taverns; automatic carwash facility; motor vehicle parts/repair, sales, and/or towing establishments; crematorium; mixed use development in accordance with the Mixed Use Overlay District. 6 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. He stated that the places he mentioned before are all conditional uses in a C-2 zone such as is being requested now for 1106 West Main. Ms. Brittany Garza related that she heard Dr. Price say that the City wants to bring in new businesses, bring in more people to the City so that they can stay downtown. She stated that they are not going to open a used car lot with older vehicles, we want newer and higher end vehicles. She stated that as far as bringing in new people to town, what better than a car dealership that we promote all over the State and right now in the business that we have, we have people who have came out of State to buy cars from us. Commissioner Twitty confirmed with Ms. Garza that the present location is on the side of the Freeway on an access road. He then questioned if the present location has had numerous complaints filed with the City. Ms. Garza agreed, saying they have had issues, saying that is one of the reasons she is looking to move away from that location because it is a partnership, and we need a second location for her and her father. She stated that she wants to make sure that they open something nice, something that is going to bring business into this City. She added that they are going to follow the rules. She added that at the Used Car Dealership Committee meeting, we discussed all of the things that keep car dealerships from looking nice such as debris, salvaged vehicles on the property and I was there to help add or settle any of those questions. She stated that she feels like opening a car dealership in this location, it is such a nice location and the parking area is so nice, I feel like it would really add to the City. Commissioner Twitty concurred, saying that the location and area are nice. He then pointed out that the property is in-between two churches and a lot of residential property to the rear. He then confirmed with Ms. Garza that if they relocate there will not be the problems that are at the current location. Ms. Garza assured Commissioner Twitty that there would not be any of the current issues associated with the current business location. She stated that she wants to make sure that they are a car dealership that follows the rules. She stated that it would not be good for business to have debris on the property or to have salvaged vehicles or older vehicles. She stated that they want to make sure that the place looks good, saying that they are looking to spend roughly about $100,000.00 in improvements. She stated that is just going in to make the property look nice and bringing it up to the standard that downtown should be, we are definitely going to make sure that it looks right. Commissioner Stroud pointed out that a C-3 business is considered less of a quiet business operation than a C-2 type business. 7 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Ms. Garza stated that she would consider this to be a quiet business because we are going to make sure that it is taken care of and we are not going to cause any issues or go against anything that Code Enforcement has to say. We are going to make sure that it is a quiet business and that it is run that way. Commissioner Twitty questioned what the hours of business would be for nights and weekends. Ms. Garza stated that currently they work by appointment, adding that her plan is to start early and probably finish by 5:00 p.m. and they will not be open on Sundays. Commissioner Hall asked Ms. Garza if she is aware of how many code violations they have had in the last three years. Ms. Garza stated that those code violations were not towards her, saying that as she previously stated, they are a partnership, and it is a family owned business and she has worked in sales majorly so the business is not hers, saying that she works at the business as a sales agent. She reiterated that those code violations are not towards her. She added that she stated before that she is looking to this as a resolution to all of those issues, saying that she is wanting to open a new business and make sure everything is taken care of and done right and that is why I am here today. Commissioner Stroud pointed out that the Jacksonville zoning ordinance does not designate this as a quiet business. He stated that he understands her wanting to call it that and there is a real estate agent that does not know the difference between conditional use and rezoning. He stated that where we are now, as Planning Commissioners, we want to keep this straight, because this is not a quiet business by the ordinances which our ordinances are lined from the State ordinance so C-3 is not a quiet business. He continued saying that their apprehension is that we just had a City employee that is building a Comprehensive Development Plan and it is a C-2 established area. He stated where we have angst, and where we are reaching out to you to help us, we would be taking a spot and going against what we did in 2017 of saying that this is C-2 by allowing a C-3. He stated that gives him as a Planning Commissioner angst, because down the road, “it would be like telling Dr. Price; I enjoyed what you said, but I’m not going to listen to it.” He stated that he is not taking anything regarding the past Code Enforcement or the other business into consideration because as a Commissioner that is not my job. He stated that his job is to determine if this is a fair and equitable use of that property for all of the residents because this property is adjacent to a residential area. He stated that residential is the most valuable property that the Planning Commission has to protect, we have to handle that property in such a way that property values increase. 8 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Ms. Brittany Garza stated that she believes this business will elevate the other surrounding businesses. She added that they want to improve this business to make it look the best that they can and to bring new businesses into town. She stated that she feels that this supports the Plan more than hinders it, and feels the surrounding properties would also benefit from this car dealership being there. She stated that it will elevate the values. Commissioner Stroud asked for one example of how it would elevate the value of the surrounding properties. Ms. Garza stated that they are looking to in the future to completely cover the whole property with asphalt and to make it kind of like a new car dealership so that it will be filled with newer vehicles and higher end vehicles. She related that she feels like this will really elevate the values of the surrounding properties. Commissioner Stroud pointed out that taking away green space and replacing it with asphalt is not elevation. He pointed out that the area Ford dealership is on C-3 property and in its proper place. He stated that it is in the proper place to enhance the City and that is the distinction that I am trying to address. He stated that there are places for this type of business but in a C-2 it really isn’t. He reiterated that putting asphalt over a green space really doesn’t enhance the adjacent residential property. He stated that the asphalt will have water runoff and maybe we will be talking about drainage problems in about another year or two when you put down the asphalt. He explained that as City planners they have to take that into consideration. He reiterated his earlier question of how this is going to enhance the City when you’re going in the opposite direction of what the City is. Ms. Garza stated that she appreciates Commissioner Stroud’s passion and she too feels it is important. She then related that the property is surrounded by asphalt with two churches and then Ivy Towing, which is directly beside it. She then noted that even further downtown is a carwash. Commissioner Stroud pointed out that he was addressing the adjacent residential area. Ms. Garza corrected that it is the commercial area. She then reiterated the location of commercial properties in the vicinity of her property. She added that she does not feel that a car dealership would really obstruct anything. She related that there are other numerous car dealerships on the same street. She stated that she feels that another car dealership and one that is nice and will sell higher end vehicles would definitely promote that area. She stated that she does not agree with the statement that it is going against the Master Plan, adding that she believes it supports the Plan. 9 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Chairman Moore opened the floor for anyone wishing to speak in opposition to the request. Mr. Joe Pennington acting as the representative for the First Presbyterian Church, explaining that the Church is west of this property on the other side of Hospital Drive adjacent to this property. He noted that the Church held a session meeting on Sunday regarding this request and he was elected to represent the Church. He stated that the Church feels that either a rezoning or conditional use for a used car dealership would be a determent to the Church. He related that they have a children’s playground on that side of the building and a prayer garden, which both places are supposed to be quiet, and tranquil. He added that he feels this development would detract from that, and would be negative for the Church. Chairman Moore read a letter from Pastor Jeffrey Byerley from the Baptist Church that is located to the other side and adjacent to 1106 West Main. He read: “I am writing in response to the request being made to rezone a section of West Main Street that is pretty close to our Church establishment at 1020 West Main Street. It is in our best interest that this does not occur. I have seen the clutter and road passage obstructions that the proposing car dealership causes in their current location and would hate to see this at this location. This does not seem to be a fitting place for a used car dealership and I am really hopeful that the City and this Committee will consider our objection to this request. I am unable to attend the meeting due to my already scheduled Bible Study but I appreciate your attention to my voice in the Community in which we serve”. With no else wishing to address the Planning Commission, Chairman Moore closed the public hearing at approximately 7:48 p.m. In response to a question from Commissioner Thomas, Public Works Director Jim Oakley answered that the building on the proposed property was originally constructed as a tire service center. The original Goodyear Tire Center. He then questioned if the property was zoned C-2 when the Goodyear Tire Center was constructed. He stated that no one had approached the City to rezone for the construction, adding that it would be his guess that the building construction erroneously as a tire shop. He stated that the fact is that the building exists and what are the uses of that type of building. He stated that this building is probably only good for C-3 use, an automotive service and repair, that of what it was originally established as. He stated that he wants to drive home the point that it was built with the intentions, regardless of the legalities, and it stands as a building for the purpose of automotive repair of which is a C-3 use. Commissioner Stroud commented that if a building is constructed outside of City zoning regulations, does that mean from that point forward it should be allowed to be used illegally. 10 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Commissioner Thomas posed the question, are we willing to tell the owners that they now have to condemn it because it was built erroneously? Commissioner Stroud answered, as a Planning Commission, yes, because if someone violates Code and it comes before us as a variance, we are the arm that makes sure we keep things all orderly. He stated that right now it is clear the property is a C-2 quiet business. He stated that what the building is, it could be turned into an ice cream shop. He stated that she had the right to turn it into any C-2 use she wants as the owner of the property. She purchased the property knowing it was zoned C-2, questioning Ms. Garza for confirmation and she confirmed she was aware the property was zoned C-2 when she purchased the property. He went on to say that she has a building that she can turn into a C-2 business. He stated that we as Commissioners understands her desire for a C-3 business, but the desire does not placate our responsibility to make sure that the property is utilized as a C-2. Commissioner Thomas stated that he understands that point, adding that “we don’t live in a perfect world and somebody has made a mistake apparently or had it rezoned”. He said that building as it stands is a C-3 building and we’ve got other C-3 buildings sitting in other C-1 and C-2 locations in this Community. He questioned if “we would go back and tell them all to tear them down and build a C-2 or C-1 building?”. He continued saying that he doesn’t think that is realistic. Commissioner Stroud stated that what is realistic is that we follow the zoning map. He stated that I am talking about land and you are talking about buildings. I’m just giving you an idea that you can do anything with a building. He stated it is realistic to stay with the land, Ms. Garza bought a C-2 property and that is what we are dealing with here. She is requesting to use the property in a C-3 manner. He noted that the City has formulated a Comprehensive Master Plan to run with C-2 in that particular area. He then noted that there is a museum in the vicinity, and two churches; so let’s just keep it on the C-2 discussion and not talk about buildings. Commissioner Thomas stated that he finds it difficult to ignore the fact that there is an existing building and it appears to be a C-3 building. He stated that the property is the structure and the dirt underneath it, so we have obviously a mix of buildings and dirt of which has a value of which Mr. Gray has sold to these people for an appraised value. Commissioner Stroud stated that is exactly why we do not get into buildings as Planning Commissioners, we deal with usage of property. Commissioner Thomas stated that he has to disagree. 11 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Commissioner Stroud stated that the discussion is about a conditional use, there was no mention of a building until you brought that up. Chairman Moore confirmed with Public Works Director Jim Oakley that the conditional use is for the property. In response to a comment from Commissioner Thomas, Commissioner Stroud stated that no one is saying the building has to be demolished. Commissioner Stroud moved to deny the request. Commissioner Thomas stated that the discussion has not concluded. Motion dies for lack of a second. Chairman Moore stated that he had already asked if any other Commissioners had comments. He stated that he would call for the motion when there is no further discussion. In response to a question from Commissioner Brown, Chairman Moore confirmed that a time limit can be attached to the conditional use request as well as other operational stipulations. It was then confirmed that any approval of a conditional use is not transferrable, if the property were to be sold. Commissioner Brown stated his understanding that he heard Dr. Price say that there is a rejuvenation plan to enhance the downtown area. He stated that there are different degrees of how used a car lot can be, but a used car lot does not go with economic development, adding it just does not fit. Dr. Price offered that it is not consistent with other cities’ rejuvenation plans that he has seen. Commissioner Brown stated that the conventional use would be okay, but at the same time this business does not fit into the Plan. He stated that he would feel more comfortable with a time limit so the Commission could see how the business would fit into the future plans for downtown. Commissioner Hall stated that the current business location has been an eyesore, and while it may not be you, but it is under your watch. He stated that another concern would be that he does not feel they would want to asphalt the rear lot with conditions if they were not reapproved for a continual conditional use. He stated that he did remember that when the Goodyear store was constructed, former City Engineer Jay Whisker had them raise the building and now my building has flooded ever since then. He stated that the water comes across the asphalt driveway and if they were to asphalt the back lot he believes the Church will have flooding problems. He stated that the 12 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Church did have issues with the corner and they had to dig ditches to keep the water out of the Church. He stated that he would hope if they were neighbors on Main Street that the business would look presentable but the current location is not presentable. Chairman Moore stated that vehicles would not be allowed to park on the grass, it would have to asphalt or concrete. He related that he had spoken with Ms. Garza about that requirement. Ms. Garza stated that as far as the asphalt goes, she would make sure that whoever does the asphalt knows about the flooding situations, so if there needs to be some things done to ensure that doesn’t occur, then I will make sure that gets done. She stated that if she is willing to spend $100,000.00 on asphalt, she is pretty sure she will have to spend $2,000.00 or $3,000.00 more to ensure that nothing else gets flooded and doesn’t cause any issues. Commissioner Thomas stated that he would be in support of saying that the grassy lots cannot be asphalted because now you are projecting those unimproved lots as a C-3 property. He stated that he would make that part of the conditional use. Chairman Moore noted that if the property is not asphalted then they would not be able to put any vehicle on the rear lot for sale. Commission Thomas stated that the for sale area would be limited to the already asphalted area around the front. Commission Stroud confirmed with City Attorney Friedman that as a Planning Commissioner that would be a restrictive use of their property, we would be imposing something that would make your job a little harder from a legal standpoint. He stated that we can’t divide the property in half and condition half the property and not allow use of the rear property. City Attorney Friedman concurred. Commissioner Stroud stated that he did not feel the Planning Commission should head in that direction. Commissioner Thomas stated that he believes it is two separate lots. Mr. Gray clarified that it consists of three lots. Commissioner Thomas stated that if you include the two rear lots that were not a part of the property when Goodyear was constructed, you are adding to the same problem that happened before. He reiterated that the two grassy vacant lots cannot be asphalted. 13 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Chairman Moore stated that if the conditional use is granted, the Planning Commission could stipulate that vehicles could not be placed back there to either be worked on or sold. He stated that he had discussed this with Ms. Garza during the committee meeting for used cars. Ms. Garza stated that she is definitely going to follow the ordinances that are being planned for used car lots. She noted that one of the main things was no parked cars on the grass and that is exactly why I have three phases. She referred to her handout, explaining that in the first phase, the yellow parking area is for the inventory and the white lined area is for customer parking. She then noted that she has ensured that there are two parking spaces for handicap parking for compliance with the disabilities act. She stated that she is planning to follow all the rules that were discussed in the used car lot committee meeting. She then concurred with Chairman Moore that she is planning to start with a low inventory and then increase, if permitted, to asphalt additional land. Chairman Moore questioned if it was just herself moving to the new location. Ms. Garza stated that it would be just her and her father. She stated that currently they have an inventory of about 10 cars, starting small with hopes to build the business up. Chairman Moore then questioned if the rear lots would be asphalted in phases or would it be done all at once. Ms. Garza stated that she is willing to do it either way, preferably she has separated it into two phases. She explained that phase two would consists of asphalted the right side of the property and then in phase three it would be the back lots. Chairman Moore questioned if she would be willing to ensure that there would be no drainage problems when the additional land is asphalted. He related that as it is now, water drains into Mr. Halls facility. Ms. Garza stated that she would do her best to ensure that the way the asphalt is laid that it will not cause a problem with any of the neighbors. She stated that if they need to spend a little more money to ensure that it is done right then we will most definitely be doing that. Chairman Moore stated that he would want her to work with an engineer to design the additional phases. He stated that she would also need to work with Public Works Director Jim Oakley and Mylissa in the Engineering Department to make sure the City is consulted. He stated that he is sure Public Works Director Jim Oakley need to be included regarding curb cuts for the rear property. 14 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Chairman Moore then noted that she would need to work with the Engineering Department regarding signage. Ms. Garza stated that she has a quote from River Valley Asphalt Maintenance, pointing out that they also provided several letters of recommendation, including a nearby city’s mayor where they have done most of the asphalt. She stated that she is making sure that she is getting the best of the best as far as getting asphalt work done. Commissioner Brittenum questioned if she would be willing to install a privacy fence to keep from disturbing the Church’s playground area and prayer garden. It was discussed and noted that it would be a problem to install a privacy fence that would hide the vehicles that she would be offering for sale. Any fences would need to be cleared through the Engineering Department. Ms. Garza stated that she would make sure that the business they are conducting would not hinder any other business being conducted around them or the Churches. She then added that the best way she can think about doing that is to just make sure that the cars look nice and that there are no salvage vehicles. Commissioner Brittenum questioned Mr. Pennington how he would feel if the rear of the property were fenced and it didn’t interfere with the children’s playground and the prayer garden. Mr. Pennington stated that he does not see how a fence can be installed on their property and hide it from their side. He related that he did not feel it would accomplish anything and it would not be conducive to their business. He stated that they only have a small number of children in the Church and they use the playground on Sunday. Commissioner Hall pointed out that the Church property sits at a higher elevation than the proposed property. Mr. Pennington concurred, saying that he did not feel they would have any flooding issue for this development. He stated that it would they would not be interest in a privacy fence on their side of the street. Commissioner Stroud moved to deny the request of a conditional use of C-3 in a C-2 zone addressed as 1106 West Main Street based on 1) It is against the Comprehensive Master Use Plan being any type of C-3 operations in a C-2 established area; 2) It is clearly a spot conditional use. 15 CITY OF JACKSONVILLE, ARKANSAS RESCHEDULED PLANNING COMMISSION MEETING NOVEMBER 12, 2019 7:00 P.M. – 8:20 P.M. Commissioner Stroud commented that as Planning Commissioners they should get away from spot conditional use, adding that he would like to make it clear that he is not talking about buildings. He stated that he is talking about property, like Commissioners are supposed to do. He stated that if we, as Commissioners, get in the habit of thinking conditional use is “cotton candy”, we are in very bad shape as a city. Our zoning map is nothing to be trifled with, our Master Development Plan is nothing to be trifled with, there is a lot of thought and sweat that went into it. He related that he was initially there with Jay Whisker when we built the first one. Understanding that we plan twenty years down the road, I know people stand here and promise pie in the sky but we shouldn’t listen to that, what we listen to is what is the use of the property and how are the neighbors affected. Everything that we do is for the advancement of properties, we are here to increase property values. Moving higher numbers as C-3 is not advancement, going lower such as moving it to a C-1 would be an advancement. C-3 is not an advancement; it is a regression. We as planners have to be cognizant of what move we are making in areas like this. We can’t take an area and make it an island just because there is a great presentation. As the City, and as a Commissioner I understand that Church property has been there for years and plan to be there for years and the residents to the rear of this property have been there for years and I pray that they will continue to be there for years. So, those are the people that I look out for as a Planner and I don’t swoop or take conditional uses lightly so that is my #2 reason for denying this. One it is against the Comprehensive Master Plan and #2 it is not an advancement from my estimation for the City for us to move this direction. Commissioner Twitty seconded the motion. Commissioners Hall, Brittenum, Twitty, and Stroud voted AYE. Commissioners Thomas and Brown voted NAY. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: ADJOURNMENT: Chairman Moore without objection; adjourned the meeting at approximately 8:20 p.m. Respectfully submitted, _________________________ Susan L. Davitt 16