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21 JUL 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2021 6:32 P.M. – 7:07 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a regular session on July 12, 2021. Acting Chairman Brown opened the meeting at approximately 6:32 p.m., expressing appreciation to those in attendance. ROLL CALL: Commissioners Mike Dietz, William Montgomery, Billy Hall, Jeff Twitty, Greg Bollen, and Acting Chairman Brown were present and answered ROLL CALL. Acting Chairman Brown declared a quorum. PRESENT (6) with Chair, ABSENT (3). CORRECTION AND/OR APPROVAL OF MINUTES: PUBLIC HEARING(S): REZONING 2000 Hwy. 161 from R-0 to R-7 Acting Chairman Brown opened the public hearing at approximately 6:33 p.m. Representative Real Estate Agent Benjamin Thomas stated that the request is to rezone the property from R-0 to R-7 as a mobile home park. He noted that the condition it is in now is not justifiable, adding that the new owner proposes to develop in a well manner, fully resembling Clayton Homes, according to the investor. He explained that the seller is in Canada and that the buyer is in Louisiana. Responding to a question from Commissioner Hall, he replied that the seller is from this area and the buyer would eventually be local to oversee the project to ensure it is a well-established mobile home park. He pointed out that he is not sure exactly, but they will be working with engineers to see how many units are allowed on the approximately 4.68 acres, pointing out that it had been a mobile home park in the past. He related that the property is vacant, except some tires and overgrown grass. Responding to a question from Commissioner Montgomery, he surmised that there were less than 50 units on the property previously. Responding to a question from Commissioner Hall, Public Works Director Jim Oakley stated that he would need to clarify with the Clerk’s Office to determine if the property has a City lien from it being cleaned up. He related that the property had been condemned and the City had it torn down due to the lack of maintenance. He explained that there were a few abandoned mobile homes that homeless people were living in and also illegal dumping on the property. Discussion ensued with City Clerk Davitt clarifying that this property was grandfathered in as a conditional use. Commissioner Bollen asked if it was originally set up as a conditional use and ended as a dilapidated property, what happens in 15 or 10 years if it is rezoned for mobile homes. He stated that obviously, it was changed to R-1 to try to keep it from being a mobile home park again. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2021 6:32 P.M. – 7:07 P.M. City Clerk Davitt clarified that when the property became vacant, it automatically reverted back to the zoning that it always was. Mr. Thomas stated that the City of Jacksonville Attorney has communicated with the title company here and has been working on releasing this specific property because the seller does not owe anything on it, it was just taken over by the City. City Clerk Davitt noted that if the City did anything on the property, there was a lien filed, so there has to be something owed on the property if it has not been satisfied. Responding to a question from Commissioner Twitty, Mr. Thomas answered that the buyer is in multiple projects currently. He explained that the seller has a few other mobile home parks listed on a website and the buyer saw a great opportunity for the property. He pointed out that the property next to it is very clean and well taken care of and that he proposes that it needs to stay that way. He affirmed that the key factor is that the buyer needs to put in very nice homes and not just the lowest income or lowest possibility factors. He related that they are currently working with property managers to see how many units can be installed. He then related that he is not a local and only representing the seller/buyer. Commissioner Hall reminded Commission that they just approved a brand- new double-wide a few blocks down the road and then the City Council overrode that decision. In response to a question from Council Member Dietz, Public Works Director Jim Oakley answered that City sewer and water are available. He then noted that the system is so old that the developer would have to completely install a new sewer and water system. The number of lots would depend on what Code allows. Chairman Brown stated that it seems the Commission would need additional information before making a formal decision. Commissioner Twitty questioned City Clerk Davitt regarding the denial of a manufactured home that was approved by the Planning Commission but denied by the City Council that was in the vicinity of this property. City Clerk Davitt offered that in the interest of fairness the City Council should have been allowed to hear from the petitioner since only negative information was given to the City Council by two Planning Commission members and it should have been stressed that the Planning Commission, as a whole body, approved the request. Council Member Dietz concurred that additional information is needed before making a formal decision. He stated that the Commission would need to see the development plans, as well as utility connections. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2021 6:32 P.M. – 7:07 P.M. Mr. Thomas stated that the investor (buyer) has talked to Bond Engineering regarding the development of a plan for the property. He stated that the buyer wants to know what the space will allow regarding a plan of development before he concludes the deal. Commissioner Montgomery agreed with Council Member Dietz that the Commission needs to see a full set of plans before granting a rezoning. He noted that after viewing the property, he can say that it is in shambles. Discussion ensued as the location being one of going into the City from Hwy. 61. Public Works Director Jim Oakley answered that the City would allow 8 homes per acre. Mr. Thomas reiterated that the homes would be manufactured double-wides. Acting Chairman Brown closed the public hearing at approximately 6:42 p.m. The item is held in abeyance until the developer returns with a full set of plans for the property. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: Amendments to the current zoning Code City Clerk Davitt explained that the Commission have at their work stations an ordinance that is being proposed by the Engineering Department. She offered a brief history regarding the previous change of Code that took out a permitted higher use of the property and changed it to be a conditional use to be decided on a case by case basis by the Planning Commission. She continued offering that Metroplan advises that if a commission receives too many requests of a nature that the city reconsider its zoning ordinance to accommodate development changes. She stated that as a result Mylissa Griggs has developed this ordinance to go back and include those higher uses as a permitted request in a lessor zone, which existed prior to 2005. She noted that this would cut down on the number of conditional uses that are currently being ran through the Planning Commission and automatically granted. She further noted that through the years conditional uses become difficult to keep up with as owners of properties change. Public Works Director Jim Oakley concurred saying that he is not sure it was changed to begin with. SIG SAUER CHANGE IN BUNKER DEVELOPMENT Public Works Director Jim Oakley then announced that he would like to also introduce an item that came to his attention today. He reminded the Commission that they previously approved some new construction at Sig Sauer on Sig Sauer Drive for a couple of bunkers. He explained that 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2021 6:32 P.M. – 7:07 P.M. they have begun to clear the timber and the footprint of the land will stay the same but now they are wanting to make it six bunkers instead of two. He asked if the Commission would like for that to return to them for further approval or could that be approved administratively. City Clerk Davitt stated that without an executive order to be included in the file, the minutes would not reflect any change to the present status. She then noted that this set of minutes could include that it was the consensus of the Planning Commission to allow this to move forward with administrative approval or the Commission could suspend the rules and place the item on the agenda. Commissioner Twitty moved, seconded by Commissioner Montgomery to suspend the rules and place the item for Sig Sauer on the agenda. MOTION CARRIED. Council Member Dietz moved, seconded by Commissioner Montgomery to allow Sig Sauer to develop six bunkers instead of the previously approved two. MOTION CARRIED. Discussion resumed regarding the proposed zoning ordinances change for conditional and permitted uses. The Commission charged itself with a further study of the proposal with the ordinance to be returned to the next regularly scheduled Planning Commission meeting. DISCUSSION REGARDING REZONING REQUEST FOR 124 DENNIS LANE Council Member Dietz recalled the request for a double-wide manufactured home on Dennis Lane that was approved by the Planning Commission and sent to the City Council should have been approved by the City Council. He stated that he is not sure why it was not approved, saying that he assumes they need to return with a conditional use request. He stated that he feels if it had been approved, the petitioner would be on the property, maintaining the property and taking care of his parents, which would be better than what it is now. He stated that he voiced his opinion on the City Council and was not happy it was denied. He explained that for him it is a positive that someone is moving to town that will be paying taxes that brings revenue to the City. He reiterated that he feels the petitioner should apply for a conditional use request. Discussion ensued and it was noted that currently the Code does not allow for a conditional use request for manufactured housing in an R-1 zone. Acting Chairman Brown stated that as far as he is aware this was the first time the City Council overruled a decision made by the Planning Commission. He related that he was not aware of the reasoning that the City Council overruled the Planning Commission. He noted that Chairman Stroud had stated that it needed to be further discussed and the process reviewed as to why the decision was made by the City Council to deny. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2021 6:32 P.M. – 7:07 P.M. City Clerk Davitt clarified that the City Council would need to provide specifics regarding their consensus as to why they felt the item should be denied. Public Works Director Jim Oakley noted that there was no opposition presented. It was noted that the City Council vote was 5 to 4 and there was not a reason offered when the motion to deny was voted. Council Member Dietz offered to bring the subject up to the City Council in order to obtain their reasoning for denial as a guidance request for the Planning Commission. He stated that the feels the Planning Commission did do due diligence and were trying to help the petitioner in good faith. He stated that when it was turned down there was no real reasoning why it was denied. He stated that if you look, there is a little bit of every kind of residential on Dennis Lane and around the property. Public Works Director Jim Oakley noted that Dennis Lane borders a mobile home park. Council Member Dietz cited several instances of mobile homes and manufactured housing in the area. Acting Chairman Brown stated that he feels the Planning Commission did their due diligence, explaining that it was overwhelmingly felt that this would be an improvement to the area. Commissioner Twitty commented that the City Council just did not understand. Commission Hall stated that he feels they only heard the negative comments from Jim Moore and Mark Stroud and did not understand the Planning Commission’s view. Council Member Dietz stated that if the Planning Commission does its due diligence then they should be 95% sure that it is going to be approved and if it is not then we need to know why. He stated that the approval by the Planning Commission was almost unanimous and then to suddenly be denied, it was really bad for the young couple. He stated that in the current market there is not any affordable housing in any area. He added that it is a scary situation for people who do not have a place to live, surmising that it is going to get worse very soon. He said that it would have been a nice place, and they would have been a young couple from North Little Rock coming to Jacksonville to live close to their parents. He reiterated that the Planning Commission needs some guidance as to why the Planning Commission decision was over turned. Council Member Dietz stated that he would put it back on the City Council agenda for clarification. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 12, 2021 6:32 P.M. – 7:07 P.M. ANNOUNCEMENT: ADJOURNMENT: Acting Chairman Brown without objection, adjourned the meeting at approximately 7:07 p.m. Respectfully submitted, _______________________ Susan L. Davitt 6