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21 JUN 14CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2021 6:30 P.M. – 7:30 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a regular session on June 14, 2021. Chairman Stroud opened the meeting at approximately 6:30 p.m., expressing appreciation to those in attendance. Commissioner Moore offered the invocation. ROLL CALL: Commissioners William Montgomery, Billy Hall, Jim Moore, Jeff Twitty, Dan Brown, Chairman Mark Stroud were present and answered ROLL CALL. Chairman Stroud declared a quorum. PRESENT (6) with Chair, ABSENT (3). CORRECTION AND/OR APPROVAL OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Twitty to approve the minutes of January 11, 2021 and February 8, 2021 as presented. MOTION CARRIED. PUBLIC HEARING(S): REZONING 2400 McArthur Drive from R-3 to C-1 with a conditional use of C-2 Chairman Stroud noted that the request would be for mini-warehouses in a C-2 zone. Chairman Stroud opened the public hearing at approximately 6:34 p.m. David White of Bond Engineering stated that he would be representing the request to rezone to commercial with a conditional use. He related that there are apartments in the area, explaining that originally, they were going to consider apartments but there is not enough room for two accesses off the property. He stated that with the smaller space it is more suitable for a commercial application. Commissioner Moore read from the Code Book, saying that the R-3 district is designed to provide for areas already developed with high density multi-family site-built dwellings in areas where similar development appears to be desirable. He stated that he feels the request for a commercial C-1 and then a conditional use to C-2 is a stretch. Chairman Stroud asked if with the width of the property is there enough room to make two driveways for apartments. Mr. White stated that the issue is the boundary of the Air Force Base, which is to the north of this property. Mylissa Griggs concurred, saying that east/west line of the property at the right-of-way is the Air Force Base Boundary. She continued saying that while it looks to be wide, about 200’, they only have about half of that accessible right-of-way. She clarified that the property is bottle necked down at the right-of-way. Chairman Stroud questioned if there was a single double-wide road going in, could there still be apartments? CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2021 6:30 P.M. – 7:30 P.M. Mr. White concurred that it would be okay with the Fire Marshall but unfortunately, he added that he does not feel they could fit another lane. Chairman Stroud clarified that as long as the one entry was wide, it would be acceptable. In response to a question from Commissioner Montgomery, Mr. White responded that it would be 28’ for one side. Commissioner Moore stated that another concern for him is that at the rear of the area is Oakwood Apartments and apartments on the east side. He then pointed out that there is R-1 housing to the west and the Entergy sub-station. He stated that it is surrounded by apartments and housing. Chairman Stroud concurred, pointing out that the Entergy sub-station is zoned R-1 but there are a lot of trees and there is a ditch between these areas. Commissioner Moore stated that the reason the Planning Commission book calls for the purpose for establishment of an R-3; is because you are keeping all of your apartments and multi-family stuff together and not spreading them all over town, like we have mobile home places. It is our responsibility to make sure that we do not get off into that area of putting some R-3 here and R-1 here and then commercial here in the midst of all that. Chairman Stroud concurred. With no one to speak in opposition, Chairman Stroud closed the public hearing at approximately 6:42 p.m. Commissioner Montgomery moved, seconded by Commissioner Brown to deny the rezoning of 2400 McArthur Drive from R-3 to C-1. MOTION CARRIED. b. CONDITIONAL USE 201 North First Street C-2 (used auto sales) in a C-1 zone Chairman Stroud opened the public hearing at approximately 6:44 p.m. Mr. Lugo had a Spanish interpreter to represent his item of business. Mr. Lugo stated that he wants to rent the property for used auto sales as a month income. He stated that he rented it before to someone selling cars and now he has a new renter that also wants to sell cars. Chairman Stroud explained that the corner lot is next to the historical district of Jacksonville and is zoned to be a quiet business district because of that. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2021 6:30 P.M. – 7:30 P.M. Mr. Kyle Brockington, current owner, related that the property has been operated as a used car lot since the 1970’s. He explained that Mr. Lugo wants to rent it, and is aware that at some point the Historical District wants to buy the property. He also knows this is going to be awhile so in the meantime he wants to rent the property. He offered that he would be willing to accept a conditional use on a period of 6 months at a time. Chairman Stroud stated that this lot has a history, and the conditional use has been rejected by this Commission before so the precedence is set that a used car lot is not what we agreed to. He added that just because it was before does not mean that is conducive to the area currently. Mr. Brockington offered that Mr. Lugo realizes that there was a problem with the previous renters who were operating a used cars sale regarding Code violations. He stated that it is going to be rented to someone else and they are aware of what the limitations are. He stated that the property is not suitable for anything else than what has been there. He reiterated that Mr. Lugo is aware that the Historical Commission wants to purchase the property but currently does not have the money to do so. He also reiterated that he is willing to accept the conditional use on a 6-month condition. In response to a question from Commissioner Montgomery, it was related that the building has plumbing and electricity. Mr. Brockington stated that he holds the mortgage on the property, and it is on a ten-year contract of which there is only three more years left. He related that Mr. Lugo has control of the property since he owns more of the property than Mr. Brockington. He stated that he wants another conditional use because he has someone who wants to rent the property and they are aware that there is a limitation of 12 to 14 vehicles. Commissioner Brown recalled that the Planning Commission did not allow the previous renter a conditional use, and now what Mr. Lugo is requesting is the same situation as before. Commissioner Moore stated that some of the concerns has to do with Short Street, which is no longer a street and was closed by the City Council for the benefit of the Historical District about three years ago. He added that the paved area is not supposed to be used because they now have the capability to put up the mockup of the old train station that used to be located back there. He explained that the previous tenants parked cars from the car lot on the closed Short Street, taking up the whole paved area and worked on them. He then related that they had junk cars parked by the building and were additionally parking on Hwy. 161 in the front of the building, leaving no room for customers to pull onto the lot. He continued saying that CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2021 6:30 P.M. – 7:30 P.M. the lot had too many vehicles that were parked side by side and these are the kinds of things that turns us away from approving any kind of conditional use. He noted that Mr. Brockington never had these types of problems. He stated that they would need to have information from the proposed renters as to what and how many vehicles are they going to store on the lot. He cautioned that we do not need to repeat the situation that we had before. Chairman Stroud stated that we are trying to make sure that your property values stay up, being next to the Historical District, we want to keep it a quiet commercial district to fit well with that. Mr. Brockington reiterated that Mr. Lugo understands that eventually the Historical District wants to buy the property when they get the money and Mr. Lugo wants to utilize the property until that happens and he is not asking for a long-time variance, but just a 6-month variance and he understands if they break the codes they will have to go. He added that he understands that there is not supposed to be too many cars. In response to a question from Chairman Stroud, Mylissa Griggs responded that typically it is the property owner who makes the request for a conditional use. She noted that this is slightly different because Mr. Brockington has a purchase agreement with Mr. Lugo that is not fully completed. She stated that City Attorney Friedman advised that the request needed to come from Mr. Brockington. City Attorney Friedman recalled that Mr. Brockington was at the previous meeting involving this property, explaining that because there are two people who have an interest in the property, I asked that they both be available for the meeting. Mr. Lugo stated that the problem and situations with the previous renters have been explained to the new renter and they understand the limitations. Chairman Stroud asked if Mr. Lugo understands that the property he has purchased is a C-2 property and is a light commercial not car sales? Mr. Lugo stated that he understands that but basically, they have sold cars from this property for a long time. Chairman Stroud then asked if Mr. Lugo understands that we as a city are not obligated to make it a car lot sales? Mr. Lugo related that he knows but the location has always been a used car lot sales. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2021 6:30 P.M. – 7:30 P.M. Chairman Stroud stated that the Planning Commission is not depriving him of income if we reject this because we are keeping it at what it was. He continued saying that regardless of what it was in the past, the City has had problems and are very apprehensive about going that way again. He stated that we are not obligated to grant a conditional use because it has been a car lot in the past. He stated that it has to do with zoning and it is not zoned for a car lot. Mr. Lugo questioned how he could make money if it is not rented. Chairman Stroud explained that if we as a Commission took the argument that a person should get the most money out of their property, then we would not have any residential in the City, we would have very little commercial and most things would go to industrial. He related that we as a Commission do not look at it that way, the value of a property is not how much you can get out of it, but it is how much it is incorporated with the entire City. Mr. Lugo stated that he would respect the decision of the Commission but he had just wanted to rent the property again. Chairman Stroud clarified that the Planning Commission is discussing it on the merits of the land as the whole for the City. Chairman Stroud closed the public hearing at approximately 7:06 p.m. Commissioner Montgomery moved, seconded by Commissioner Brown to deny the conditional use of C-3 in a C-2 zone at 201 North First Street. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): SKETCH PLAT CD Estates Mr. White of Bond Engineering stated that it is being presented for comments from the Planning Commission before getting into the preliminary plat stage. He related that there is water and sewer on the property, adding that the floodplain and the flood way is on the north side. He related that the property is located behind Loop Acres. Chairman Stroud stated that this is a complete inversion of what we expect for proper design because it is putting dense population inside R-1 around it. He clarified that there are only a few roads going into this property putting stress on these streets. Mr. White noted that they are proposing to do half street improvements on Northeastern. Commissioner Moore stated that there is this small little street, the only one going into this area, and we have large Fire trucks and emergency vehicles and only one way in with that number of 72 duplex lots. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2021 6:30 P.M. – 7:30 P.M. Mr. White then noted that the property also has to be annexed into the City as well. Commissioner Stroud stated that with this many homes it is inverted, saying that you build an R-1 house and then on the periphery you build apartments or duplexes. He continues saying that to him this is completely backwards. He then noted that a third of the property is flood plain and it would make more sense to make these bigger lots and sell them as nicer homes. Mr. White stated that he is not sure if the duplexes would be for rent or sale. He then added that he believes the development does meet the setbacks for a single-family home. Mylissa Griggs stated they were also concerned with the ingress and egress of the development with that many units proposed. She related that the plat appears to have single-family setbacks. She added that she talked with the Fire Marshall about the concentration of families coming off of Northeastern and he also felt that it was a lot of people for one area. She noted that the City could request that they provide another access to the development. She noted that there is right-of-way on Heritage that comes down and turns just before this property, just east of Northeastern. Commissioner Moore stated that he has a concern regarding 21F through 32F, asking if they go all the way back to the property owned by Peacock and Perry. He noted that there are plans to build a bridge over the railroad tracks and it was noted that this property would be across the ditch from the railroad tracks. Mylissa Griggs answered that lots 21F through 32F are not buildable lots, explaining that you can not develop in the flood way. She explained from a mortgage standpoint, the buildable lot would be adjacent to this with stipulations that it cannot be developed. She answered that the property is deeded separately and the home owner would not have to pay flood insurance on the lot with the primary structure. She explained that just north of the dash line is floodplain and there is no design work yet, assuming that the developer will bring in fill to bring them out of the floodplain. Mr. White concurred that they would be brought out of the floodplain. He then answered that duplexes are what the client has requested. He stated that they are wanting to get feedback, such as having the road line up as requested. Mylissa Griggs stated that while it meets all of the requirements, the Planning Commission is strongly recommending another road. Commissioner Moore noted that it does state that they would have to tie onto a lift station, questioning if anyone has talked to the Wastewater Department. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2021 6:30 P.M. – 7:30 P.M. Mylissa Griggs stated that she sent the sketch plat to both the water and wastewater departments, adding that they have no issues at this point, but noted that they have not seen any design yet because this is just the sketch plat. She then addressed Commissioner Moore’s concerns about lift station, saying that it will be a gravity sewer. Chairman Stroud stated that they are proposing to have three roads cutting into Northeastern, pass Robin Road and the house on the corner, that will be where the tie-ins are. Mylissa Griggs noted that Northeastern, from their southern property to where the road would end, which would be at their northern most loop, would require half street improvements with curb and gutter. Commissioner Moore pointed out the other areas that do not have curb and gutter improvements, adding that he does not feel the street is going to be wide enough. Mr. White reminded the Commission that the only responsibility of their client is to make the improvements that is on their property. Chairman Stroud stated that the City will be on the hook for the other improvements. He stated that the idea of this much density is a problem for him, noting that the development is good, but we are putting in duplexes instead of just single-family homes. We are doubling the population in a small area. He then noted that Heritage and Reba as another point of entrance which would cut down on the traffic. Commissioner Moore agreed that he would rather see it be R-0 or R-1 because of the density factor regarding the possibility of 144 more vehicles. Chairman Stroud noted that if the lots Peacock has are buildable and the proposed developer is dead set on having duplexes, then maybe they could get with Peacock regarding an access out onto Loop with a wide thoroughfare. He strongly suggested a better access. Mylissa Griggs reiterated concerns regarding the amount of traffic that this development would generate. Chairman Stroud noted that there would be some development down Northeastern on the left side eventually. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 14, 2021 6:30 P.M. – 7:30 P.M. ADJOURNMENT: Chairman Stroud without objection, adjourned the meeting at approximately 7:30 p.m. Respectfully submitted, _______________________ Susan L. Davitt