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21 OCT 11CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2021 6:30 P.M. – 7:06 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a regular session on October 11, 2021. Chairman Stroud opened the meeting at approximately 6:30 p.m. expressing appreciation to those in attendance. Council Member Dietz offered the invocation. ROLL CALL: Commissioners Mike Dietz, William Montgomery, Billy Hall, Jim Moore, Jeff Twitty, 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 Moore moved, seconded by Commissioner Montgomery to approve the minutes of the May 10, 2021 regularly scheduled meeting as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING OR CONDITIONAL USE 1200/1204 North First Street from C-1 to R-1 or R-1 use in a C-1 zone Chairman Stroud opened the public hearing at approximately 6:31 p.m. Representative Daniel Gray with DG Homes, LLC stated the veterinarian clinic that is next door to this property brings in students and the owner is going to remodel the home to house them, rather than have them stay in a hotel. He explained it would be temporary, only for a few months at a time, while they are training at the veterinarian clinic. He then disclosed that Council Member Dietz is representing the buyers in this transaction while he, himself, is representing the seller, Mr. Goodsell. Responding to a question from Commissioner Montgomery, he answered that his understanding is they are going to remodel the property and students from LSU and other colleges would stay there a few months at a time, so they will be coming and going, on a long-term basis. Council Member Dietz recused himself from voting on the item of business. Commissioner Moore confirmed that it would not be a rental home, but only for veterinarian students coming and going. Mr. Gray affirmed that his understanding is that there are a few veterinary schools in the South that is part of what they are coming here for, but he did not know the specific arrangements. Council Member Dietz clarified they normally stay for a maximum of two to three weeks while they train with the veterinarian and his wife. He pointed out that this seems more logical to have a nice place close to the clinic, rather than putting them in a hotel. He assured the Commission that it would not be a long-term rental, but only for their private use regarding temporary housing. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2021 6:30 P.M. – 7:06 P.M. Mr. Gray noted it is a semi-business use since he is bringing these students in and housing them for his business, so it could be considered commercial and residential use at the same time. Chairman Stroud pointed out that the Commission has an option to rezone, or do a conditional use, noting most of the property along that line is commercial. He suggested that an R-1 conditional use would be less extreme since it would be tied to that specific business, which would be more advantageous than doing a rezone. Mr. Gray explained the buyers can obtain better financing options if it is zoned R-1 rather than commercial, which is another reason they would prefer it to be rezoned rather than the conditional use. He specified the buyer could get a longer-term financing at a better rate if it was zoned R-1. Chairman Stroud reiterated a conditional use would be a lighter footprint than a complete rezone and this would be the only residential along the strip of commercial. Mr. Gray reminded the Commission this property has been residential until Mr. Goodsell passed away. Engineering Tech Mylissa Griggs offered that the City has been split on this decision in that it has only been used as residential, but they do not want to start a trend of residential within a commercial zone. She asked City Attorney Friedman if there could be a way of adding a stipulation on the rezoning, she then recalled an instance of an alcohol distributorship where it was rezoned strictly for that use. She clarified that it would be rezoned just for this use and revert back to C-1 if the use changed. Council Member Dietz explained that is why they changed the request, because they did not want to allow anyone to live in a C-1 because of City zoning regulations. He added that he would be fine with Engineering Tech Mylissa Griggs’ idea and reiterated with residential they could get long-term financing with a better rate for fifteen years, compared with two to five years at a much higher rate with commercial. Chairman Stroud questioned if a conditional use would be the same thing. Mr. Gray replied not according to the lender, and reiterated for the financing and lending, it is better for it to be an R-1. He explained if properties are sold, or for example, donated to a school, if it is ever sold again, it would be first right of refusal back to C-1. City Attorney Friedman agreed when he questioned if there was any way to say that in the deed, if this person who is purchasing, sells it in CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2021 6:30 P.M. – 7:06 P.M. the future, then it has to come back to the Planning Commission or it would automatically revert back to C-1. He related they can prepare a general addendum that states it, if the zoning change is granted. Council Member Dietz assured that they wanted to do what was right and abide by all Planning Commission rules and regulations, reiterating they did not want to put someone in a C-1 as a residence to live, because it was not zoned for that. Discussion ensued on how they would word the motion with the rezone contingencies and deed restrictions. Commissioner Twitty moved, seconded by Commissioner Montgomery to approve the rezone of 1200/1204 North First Street from C-1 to R-1 with the contingency that there be a deed restriction tied to the buyer. MOTION CARRIED. Chairman Stroud closed the public hearing at approximately 6:41 p.m. REQUEST TO APPROVE PLAT(S): a. REPLAT Lots 13R & 15R Loop Acres Addition Phase II Representative Aaron Robinson with Bond Engineering stated he and Engineering Tech Mylissa Griggs have been going back and forth on this. He explained the City wants a 15’ building line off the proposed Weatherly Lane and Lot 14 is going to be deeded to the City for right-of-way. He related that instead of just Lots 13 & 15 being replatted, they are having to replat Lots 12-16, detailing how they took a bit out of Lots 12 and 16, to give to Lots 13 and 15, in order to have a 15’ building line parallel with Weatherly Lane. He stated a lot of these houses are zero lot line, built to one side of the lot, but the developer’s different footprint will fit just right and match the preliminary plot plans the City will receive. He pointed out all of these lots were originally 50’ wide and when you take 15’ or 25’ from the width, you do not have enough room to build a house. He shared that his understanding is, if the Commission approves this, it would have to be contingent on next month’s meeting for a variance on the 15’ building line parallel to Weatherly Lane. He noted if you take 25’, you have to replat five lots into two lots, explaining that the original plat has a 25’ building line, but all of the existing houses sit far back with only a 15’ rear yard. He explained that he put these at 35’, but still have a 25’ rear yard. Engineering Tech Mylissa Griggs reiterated any approval needs to be contingent on getting the variance at the next meeting, stating they did not realize a variance was needed until they viewed the zero lot line requirements. She clarified the Code is written that all street rights-of-way have a 25’ setback so they will need to be heard for a variance to give them buildable space. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2021 6:30 P.M. – 7:06 P.M. Mr. Robinson recalled that he forgot to mention they are going to require the driveways for Lots 13 & 15 be accessed off Loop Acres Drive, not allowing them to access from Weatherly Lane. Council Member Dietz moved, seconded by Commissioner Twitty to approve the replat for Lots 12-16 of Loop Acres Addition Phase II with the contingency that the upcoming building line variance is also approved. MOTION CARRIED. b. PRELIMINARY PLAT Greenhill Estates Representative Aaron Robinson with Bond Engineering stated this is the plat the Commission saw a few months ago, relating that the petitioner was able to purchase the remaining lots in Loop Acres in order to provide another access to Loop Acres Drive and Loop Road. Council Member Dietz expressed that he likes the way they were able to utilize Loop Acres and he believes it is beneficial to the City because it gives three different ways to get in and out if there was an issue in the area. Chairman Stroud pointed out that it alleviated his main concern and they did an awesome job. Mr. Robinson answered yes when Council Member Dietz asked if they are going to sell Lot 31F with Lot 31 since it is in the floodway and floodplain. Council Member Dietz pointed out they could put their house in the front of the lot and not be required to have flood insurance and they will get a 500’ deep lot. Mr. Robinson explained that once this gets approved, they will start moving dirt from the floodway to fill in the floodplain lots, where you do not have to worry about the water rising. He stated that once those lots are filled, they will have to survey it to get the elevations and submit to FEMA, where they will determine if they are still in the floodplain or not. He noted right now they are technically in, but when the final plat is brought forth, they will have them out, because they want FEMA to officially say they are out of the floodplain. He related that this will be annexed before the final plat is brought to the Commission, that way the City can officially adopt the roads, adding that he believes they are currently working on the annexation process. Council Member Dietz move, seconded by Commissioner Moore to approve the preliminary plat of Greenhill Estates. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2021 6:30 P.M. – 7:06 P.M. c. FINAL PLAT John Harden Subdivision Representative Aaron Robinson with Bond Engineering stated this is a two-lot subdivision, where he believes Unity Health has Lot 1 and another purchaser is coming in to buy Lot 2 to fix up the building and make it look nice. He explained that the plat reflects the utilities that are already existing, the zoning, the building line, and the 19.88’ that the Highway Department took for the widening and that it cleans up the whole area. Petitioner Daniel Gray clarified that Lot 1 is still available. Discussion ensued as to where this subdivision is located and it was concluded it is near the old Western Auto, where the Titan Hub building currently is. Mr. Robinson confirmed this is a final plat, where all of the utilities and infrastructure is already present. Commissioner Montgomery moved, seconded by Commissioner Twitty to approve the final plat of John Harden Subdivision. MOTION CARRIED. BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT: ORDINANCE 1669 Review Chairman Stroud stated that it came to his attention they need to review this Ordinance and asked if there was anything about it that they need to discuss so that the Commission is on the same page. Council Member Dietz explained one reason they revised it is they do not want to allow anyone to live in a C-1 zone and explained that someone should be allowed to put an R-0 or R-1 on an R-7. Chairman Stroud noted City Council sent it back to the Commission, saying that they needed to change something. Engineering Tech Mylissa Griggs explained the original ordinance that they were proposing allowed R-0, R-1 and R-1A in a C-1 and C-2 and shared that they rethought it and concluded that a blanket allowance could be dangerous. She pointed out they took those residential uses mentioned and put them as conditional uses in C-1 and C-2, assuring that it would not be forbidden, but would have to come before the Commission for approval. Chairman Stroud clarified they originally had a more lenient version, then changed it to being less lenient, and explained the reason they proposed this ordinance was to get away from the monotony of bringing requests to the Commission. He asked if everyone is okay with how it is now written before they send it back to City Council again and expressed that Public Works Director Jim Oakley and Engineering Tech Mylissa Griggs did a great job with it. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2021 6:30 P.M. – 7:06 P.M. Public Works Director Jim Oakley stated prior administration was operating the way that the proposed ordinance is written, but Engineering Tech Mylissa Griggs found a note that said it was not allowed, causing them to stop it immediately and follow orders. Engineering Tech Mylissa Griggs added that it caused a lot of requests to come before the Commission that was never required to be brought before them in the past. She explained it caused a lot of illegal, non-conforming uses because the City allowed it at the time. Council Member Dietz noted this is a housekeeping measure that will fix it and will protect the zoning requirements the Commission wants. Commissioner Moore suggested in the future, whenever the Commission receives something like this that is very detailed, they need to spend more time in reviewing it, because last time they voted on this, he does not think they spent much time on it. Chairman Stroud affirmed initially Engineering Tech Mylissa Griggs spoke about it, then the second time it was brought on paper, and Commissioner Moore was absent the latest time it was discussed. Commissioner Moore replied he could not be there because he had a School Board meeting. Council Member Dietz moved, seconded by Commissioner Twitty to approve Ordinance 1669 and send it back to City Council for final approval. MOTION CARRIED. Chairman Stroud shared he closes on his house on the 21st and he will no longer be a resident of Jacksonville as of the end of October, so he has to offer up his resignation tonight. He expressed that it was great working with everyone and he had a great time. He is looking forward to better things for the City of Jacksonville and thanked everyone for their help and encouragement all this time. Council Member Dietz stated he appreciates Chairman Stroud’s dedication and service, noting that he always had good points and brought up a lot of good information to help the Commission and the City of Jacksonville. City Clerk Davitt suggested the Commission appoint a temporary, interim Chairman until January when they would have voted for a new Chairman anyway. She clarified they would serve for two months and then in January, they would redo the nominations. Discussion ensued with Chairman Stroud ultimately asking if anyone would want to volunteer for two months. Commissioner Moore volunteered for the November and December 2021 sessions of the Planning Commission. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2021 6:30 P.M. – 7:06 P.M. City Clerk Davitt affirmed new elections will be January 2022. ADJOURNMENT: Chairman Stroud without objection, adjourned the meeting at approximately 7:06 p.m. Respectfully submitted, _________________________ Susan L. Davitt