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20 FEB 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2020 7:00 P.M. – 7:28 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on February 10, 2020. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. Chairman Stroud offered the invocation. ROLL CALL: Commissioners William Montgomery, Billy Hall, Vivian Brittenum, Jeff Twitty, and Dan Brown answered ROLL CALL. Chairman Mark Stroud 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, and interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Twitty to approve the minutes of the regularly scheduled January 13, 2020 meeting. MOTION CARRIED. PUBLIC HEARING(S): REZONING 1008 O’Neal Street Lot 26, Liberty Subdivision R-1 & R-3 to R-2 Chairman Stroud opened the public hearing at approximately 7:02 p.m. Mr. David Stanley of Stanley Engineering stated he is the representative for the petitioner A.P. Rentals, LLC. Mr. Stanley presented the Commission with a vicinity map depicting other areas that are multifamily, pointing out that the ones on Peach Street are approximately 450’ away and the multifamily on Stanphill are approximately 1,000’ away. He related that his client wants to rezone the property to R-2 for a duplex, explaining that his understanding of the property is that it actually had a small piece of R-3 with most of it being R-1. He then related that his client built the two homes on the lots located immediately behind this lot. Commissioner Brittenum confirmed that the lot of location is where the house burned and was removed. Chairman Stroud confirmed the R-3 zoning with Public Works Director Jim Oakley. He then added that the rezoning of R-2 would be going down in classification from R-3. Commissioner Brittenum stated that she would need to speak against the rezoning request. She explained that she lives in the neighborhood and that the duplexes on Stanphill Road have been a problem and the Police are called to the location a lot. She stated that putting a duplex on O’Neal would be even closer to her residence, saying that it is not a good place for a duplex especially with the traffic on both sides coming and going. She then added that since they have constructed the Chapel Ridge development and the duplexes on Stanphill, crime has gone way up in the neighborhood. She expressed her regret but confirmed that she would have to vote no to the rezoning request. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2020 7:00 P.M. – 7:28 P.M. With no one else expressing any desire to speak, Chairman Stroud closed the public hearing at approximately public hearing at approximately 7:07 p.m. Chairman Stroud pointed out that the property is already zoned R-3, noting that most of the area is zone R-3 but was developed as R-1. He stated that he is going to ask the Commission to make a motion to get the City Council to allow the Planning Commission, engineers, and Metroplan to research the zoning map and make them conform to their uses. He cautioned that this request is however happening prior to the updating of the zoning map, so his belief, especially after speaking with Metroplan, is that the Commission does not have a lot of ability to stop a movement from an R-3 to an R-2 zoning reclassification. In response to a question from Commissioner Montgomery, Chairman Stroud stated that the current zoning would allow for the construction of an apartment complex. He then informed the Commission that the duplex would have less than 800 square feet side by side, which is not conducive to the neighborhood. He added that he does not like it, but the Commission kind of has their hands tied because we haven’t done due diligence in the past to make sure that these areas had the proper zoning. He stated that he understands the concerns but he is requesting a lesser zoning than R-3. Commissioner Hall questioned if a duplex would be better than an apartment or tri-plex in the neighborhood. Commissioner Brittenum stated that she would not want to have either but the lesser is a duplex but reiterated that she is not in favor of either. Public Works Director Jim Oakley then answered Chairman Stroud that the Engineering Department was unable to locate a Bill of Assurance for the Liberty Subdivision. Mr. Stanley offered that based on the age of the Subdivision and the size of the existing homes, the likelihood of any bill of assurance still being valid is slim. Public Works Director Jim Oakley agreed that the Subdivision is over 35 years old so it is likely that the bill of assurance is void by now. He stated that the lot in question is surrounded by R-1 single- family homes. He stated that the land was zoned R-3 but it was developed as a single-family subdivision, adding that he is not sure why it was not changed when the single-family housing was being developed. He stated that being zoned R-3, the owner could have built apartments if it could meet the setback which would also not be likely. He then answered Commissioner Twitty that for whatever reason the entire Subdivision was constructed with an R-3 zoning. He stated that they researched the property as far back as 1970, adding their intent to work with Metroplan to update the zoning map. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2020 7:00 P.M. – 7:28 P.M. Discussion ensued as to the importance of having the zoning map updated to reflect the appropriate uses of the property. He issued his concerns for the property being zoned R-3 but the use of the area is strictly R-1. City Attorney Friedman stated that she believes this is viewer discretion, explaining that she and Public Works Director Jim Oakley had discussed this earlier, saying that there are no legal ramifications, that she could find, that would prevent or allow this. Mr. Stanley stated that from the builder’s perspective, he originally just tried to go ahead and do his building permit based on the fact that it is zoned R-3 because typically in other towns, when you have a higher classification you can build a lower zoning classification. He stated that he was informed that he needs to rezone the property to R- 2. He stated that the argument could be made that because the property is zoned R-3, he would not even need to make this request and could build what he wants because it is a lower zoning classification. Chairman Stroud stated that the City would also be able to make the argument that the individual units are too small for the area. Mr. Stanley stated only if there was a requirement within the zoning code for that. Chairman Stroud stated that there is precedence already set in the area. He then noted that the petitioner also built two single-family homes directly behind this lot. Commissioner Brittenum related that she has been in the same neighborhood for the past 25 years, noting that the current housing is mostly brick frame and a certain size. She pointed out that the proposed duplex units are really tiny, adding that it would not fit with the existing neighborhood. Mr. Stanley stated that the neighborhood is a large mix with nicer homes as well as smaller homes and there are some dilapidated homes in the area. He went on to say that there are even a couple of manufactured homes as well as the two commercial brick duplexes on Peach Street. He then added that unfortunately, while the duplexes on Stanphill are very nice looking, there is apparently a crime problem that he was unaware of. Commissioner Brittenum moved, seconded by Commissioner Hall to deny the request to rezone 1008 O’Neal Street from R-1 and R-3 to R-2. Chairman Stroud pointed out that the Commission has been told that they have latitude along this line, the point has been made that the property is R-3 requesting an R-2, the other fact is that the 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2020 7:00 P.M. – 7:28 P.M. building would be slightly over 1400 square feet divided by two, making each unit a little over 700 square feet, and it is not congruent with the existing homes of the area. A voice vote was taken and it was clarified that Commissioner Hall voted AYE to deny and Commission Montgomery abstained. Commissioners Hall, Brittenum, Twitty, and Brown voted AYE. Commissioner Montgomery abstained. MOTION FAILED. City Clerk Davitt announced that the motion failed because four AYE votes is not a majority of the body, she then conferred with City Attorney Friedman as to whether it is considered to be a majority of the whole body or a majority of the members present. City Attorney Friedman stated that she has the same interpretation as City Clerk Davitt. Discussion ensued and it was clarified that the property is not considered grandfathered in but the zoning of R-3 would allow for the development of an apartment complex in comparison to a duplex. Chairman Stroud clarified that the property was a single-family house that burned, but it is in an entire area that is zone R-3 but was developed as R-1. He stated that the owner is asking that the lot be rezoned to an R-2 so that it would fit the construction of a duplex. He is asking for the Commission to allow him to construct a duplex next to surrounding single-family houses. He added that the duplex would be akin to being an island. He then warned of how spot zoning could become problematic down the road. Public Works Director Jim Oakley mentioned that in the past it was allowable to build one number down from the current zoning classification. He related and confirmed with City Clerk Davitt prior to an ordinance change in 2005, it was acceptable to build according to what was permissible and one number classification down was considered permissible and did not require having to go before the Planning Commission before the ordinance amendment. Commissioner Brittenum moved, seconded by Twitty to deny the request to rezone 1008 O’Neal Street R-1 and R-3 to R-2. MOTION CARRIED unanimously. REQUEST TO APPROVE PLAT(S): PRELIMINARY PLAT Jaxon Terrace PH 14-A Aaron Robinson of Bond Engineering related that this is phase 14-A, recalling that the Planning Commission had previously discussed phase 14. He related that phase 14 was the area by North First Street, and because of all the unknowns and uncertainties of that part of the property, the owner has decided to skip that phase and move to the main part of the Subdivision. He related that phase 14-A has 15 lots and is part of the master plan that was submitted in 2011. He stated 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 2020 7:00 P.M. – 7:28 P.M. that this phase is “simple, cut and dry”. He stated that the Sewer Commission has approved it but the Water Commission and Health Department have not yet approved. He asked that approval be granted contingent upon those approvals. Public Works Director Jim Oakley stated that the Commission has not met yet but he is hearing that everything is good. He stated that phase 14-A is a good next phase and this phase will tie the roads together. It was noted that contingencies are not necessary until the Final Plat submittal. Commissioner Hall moved, seconded by Commissioner Twitty to approve the preliminary plat as presented. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: Chairman Stroud asked for a motion to recommend to the City Council to join the Planning Commission and Metroplan to work together to make a comprehensive review of Jacksonville’s zoning map and report back updates as necessary. Commissioner Montgomery moved, seconded by Commissioner Twitty to forward the recommendation to the City Council for approval to work with Metroplan to update the zoning and comprehensive development plan. MOTION CARRIED. Chairman Stroud without objection; adjourned the meeting at approximately 7:37 p.m. Respectfully submitted, _________________________ Susan L. Davitt 5