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25 JAN 13 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2025 6:30 P.M. – 7:15 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in a regular session on January 13, 2025. Chairman Moore opened the meeting at approximately 6:30 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Mike Dietz, Terry Sansing, Nick Priest, Vivian Brittenum, Jim Oakley, Zeke Brown, Greg Bollen, and Chairman Jim Moore were present and answered ROLL CALL. Chairman Moore declared a quorum. PRESENT (8) with chair, ABSENT (1). CORRECTION AND/OR APPROVAL OF MINUTES: Council Member Dietz moved, seconded by Commissioner Brittenum to approve the minutes of December 9, 2024 as presented. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING 909 Shall Court from R-0 to R-2 Chairman Moore opened the public hearing at approximately 6:34 p.m. Representative Craig Friedman with Friedman Law Firm provided pictures of the property, noting it is zoned R-0, but is currently, as has been, a multi-family dwelling for years now. He explained there is a door separating the two units with a tenant in each one. He mentioned this is asking to have the rezoning down on paper, confirming there is not going to be any renovations or changes to the property, appearance, or use. He brought up that it is currently under contract to be sold and when the buyer was getting it appraised, the appraiser flagged it since it was selling as a multi-family dwelling, but is zoned single-family. He further explained that in order for the bank to underwrite the loan, it needs to be rezoned as R-2. He reiterated that the use or condition of the property is not going to be changed, assuring this is not a request to bulldoze the property to build a duplex, or to change anything at all, but is only to approve the contract to sell the property. He recalled the only issue he has heard regarding the request is the potential argument of spot zoning, but there is spot zoning all over Jacksonville, according to the zoning maps, therefore, the precedent has already been set years ago. He stated they are not trying to have it spot zoned, as far as the actual use; they are just trying to have the zoning modified to conform to the current use, which is a two-family dwelling that appears to be a single-family. He mentioned form-based zoning around the country where the zoning is more contingent upon the appearance of the property, rather than the actual use of it. He affirmed there is not going to be any modifications to this property whatsoever; it is going to stay exactly how it is now, and how it has been used, so there is not going to be any effect on the neighborhood. Commissioner Bollen noted if they rezone it, it could end up being different for the neighborhood in the future. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2025 6:30 P.M. – 7:15 P.M. Mr. Friedman concurred that it is possible, but the only way he could see that happening is if it burned to the ground and was to be rebuilt. He mentioned they would still have to apply for a building permit and could still get denied if it did not conform. City Clerk Davitt related the building permit could not be denied since the City would have no grounds for denial if it were zoned R-2 and they wanted to build a duplex. Mr. Friedman explained the house is not falling down; it has been renovated, is in great shape, and they will not be coming in to bulldoze it. Commissioner Bollen noted when it is rezoned, the City loses a lot of power over the property and he would be upset if someone put a duplex next to his own house with single-family on either side of it. Mr. Friedman reiterated the property is already being used in this manner, but the issue is if it can be sold and the bank underwrite the loan. He brought up that it is not going to affect the neighborhood from where it is right now because it has already been this way for years. He reiterated that no bank is going to underwrite the loan with the zoning not matching the current use of the property. Commissioner Sansing recalled being on the City Council and understanding that part of this Commission’s job is to protect the neighborhoods where the zoning is, so you must look at what is going on around it and what can potentially go on around it. He explained it is not so much of what is going on now, but what can happen in the future with the property. When Commissioner Oakley inquired, Mr. Friedman replied the units share a driveway wide enough for two cars. He detailed that there is an external door for each unit and a door that stays locked in the middle separating the two units. He confirmed the problem is the financing, not the current use of it since they could call it a mother-in-law’s quarters, but a bank is not going to approve because the zoning has to match for the loan. He assured it will be well cared for because the buyer is moving into the property. He believes the buyer needs the rental unit to increase their income to get the approval on the loan. Commissioner Priest told how the Bill of Assurance did say single- family homes, but it expired in 1994. Council Member Dietz added that the house has been like that for quite a few years and the only reason it was flagged by the appraiser is because it had its own private kitchen area. Mr. Friedman commented that there are quite a few houses in Jacksonville set up similar to this sitting in R-0 zones. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2025 6:30 P.M. – 7:15 P.M. Citizen Lawrence (Larry) Dupree stated he lives on Burgundy Court, which is across the street from Shall Court. He shared his concerns that it may affect property values of R-1 or R-0 if zones are changed to a duplex. He told how he sits on the Board of Equalization for Pulaski County and he has seen this in other parts of the County. He related that it may not immediately affect values, but it has a potential to, so he is against the rezoning. City Engineer Adam Whitlow read the following Staff statement: This request is to rezone from R-0 to R-2, it is being requested by the current owner, the representative was requested to be in attendance to answer questions, the property was properly advertised and posted, Public Works has received no phone calls in support or opposition, the property is shown as residential on the Land Use Plan, and Staff recommends careful consideration due to R-0 existing adjacent to this property within the platted subdivision since approval could set a precedent that could jeopardize the integrity of single-family platted subdivisions. He noted they need proof of no restrictions with the Bill of Assurance and consideration must be given to Fire Code. He could not speak to what it was used for prior to the remodel, but if it was being used as a standard duplex, it was not done so through anything the City had documented. He showed a copy of the plat, pointing out it is located in a cul-de-sac within a single-family residential subdivision. He related this is not known to be a transitional area and this is the first one they have seen formally requested to transition to a duplex. He shared a snapshot of the tenant listing where they are clearly seeking multi-family. He concurred that it came to the City’s attention first through the appraiser who inquired about the zoning, and then through the applicant. He then shared a copy of the building permit where it was constructed as current condition, zoned R-0, and was issued as an interior remodel. He mentioned Fire Code, confirming it was not reviewed at the permit level by City Inspectors as a duplex. He stated if it had been, there are fire separation requirements between the two units that has to be considered. He related even if approved, it could not move forward until our Fire Marshal and City Inspector inspects the dividing wall and ensures there is proper fire separation. He cautioned the Commission because it is completely surrounded by single-family. He clarified that the structure is not illegal as it sits single-family, but it is clearly advertised as a multi-family income property and they are trying to get it appraised as such. He looked to see if there was a conditional use option, but there is not in the current zoning code. When City Clerk Davitt inquired about the address, he responded that it is 909 Shall Court since there was no indication at the building permit phase that the intent was to be a duplex. He stated if this structure was to move forward as a true duplex, the City would have to revisit Fire Code. Chairman Moore shared that the Water Department informed him there would have to be two water meters if it was approved for a duplex. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2025 6:30 P.M. – 7:15 P.M. Chairman Moore closed the public at approximately 6:56 p.m. Commissioner Bollen moved, seconded by Commissioner Sansing to deny the rezoning of 909 Shall Court from R-0 to R-2. ROLL CALL: Commissioner Sansing, Oakley, and Bollen voted AYE. MOTION FAILED with Commissioner Dietz, Priest, Brittenum, and Brown voting NAY. Council Member Dietz moved, seconded by Commissioner Priest to approve the rezoning of 909 Shall Court from R-0 to R-2. ROLL CALL: Commissioner Dietz, Priest, Brittenum, and Brown voted AYE. MOTION CARRIED with Commissioner Sansing, Oakley, and Bollen voting NAY. b. CONDITIONAL USE 205 Dupree Dr. auto sales/repair/rental in C-2 zone Chairman Moore opened the public hearing at approximately 7:00 p.m. Co-petitioner Brandon Hearns recalled being before the Commission in March 2024 and being approved for a conditional use for K & P Car Works and Kars 4 U. He explained when Kars 4 U was taken out, they had gotten a reinspection and was told to come back to request the auto sales side again. He confirmed all they are doing is changing the name, since they are already selling and fixing cars. He noted the repairs would be very minor and only on vehicles they sell. Engineer Whitlow mentioned from what the petitioners submitted, it is essentially the same conditions as before, except the auto rentals use was added. Mr. Hearns concurred, adding that after deciding to switch names, they also decided to offer rentals for when he repairs any problems with the cars purchased from them. Engineer Whitlow read the following Staff statement: This request is to allow auto sales/repair/rentals in a C-2, it is being requested by the current tenant and current owner, K & P Car Works is currently at this location, however this request reflects a change in partnership, the representatives are in attendance, the property was properly posted and advertised, Public Works has received no phone calls in support or opposition, and Staff would support approval with careful considerations to conditions (amount of cars, no non-working cars, screening/fencing, provide plan to Public Works, and current Code violations be corrected, etc.). He is not opposed, based on the original conditions, along with the addition of the rental aspect. When Chairman Moore inquired about the wrecked cars behind the building, Mr. Hearns replied those are trade-ins they will send to get scrapped. He noted he put them behind the building since the Chamber of Commerce is across the street and would not want them visible. Chairman Moore brought up that Jacksonville has a Code stating any wrecked vehicles have to be fenced in, so we need to make sure there is a fence to conceal them or they have to be removed. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2025 6:30 P.M. – 7:15 P.M. Engineer Whitlow reminded the Commission they can put conditions on the approval and specify a time limit for wrecked cars. Chairman Moore closed the public at approximately 7:08 p.m. Council Member Dietz moved, seconded by Commissioner Oakley to approve the conditional use of auto sales, repair, and rental in a C-2 zone with the following conditions: all approved original conditions from the March 11, 2024 meeting (restricting mechanic work to inside the building, to be for auto sales customers only, keeping the outside aesthetically pleasing and clean, the area in the back to be used for employee parking, and restricted to 10-12 cars, subject to verification by the Engineering Department that the site can support it) and that wrecked or non-working trade-in vehicles only be stored up to 14 days. MOTION CARRIED. c. REZONING 6350 T.P. White Drive from C-3 to C-4 Chairman Moore opened the public hearing at approximately 7:11 p.m. Representative Frank Yang stated he is a real estate agent with Keller Williams in Little Rock that is representing the buyer, John Schulte. Travis Norris with Schulte Supply explained they are an underground utility supply company that sells pipes, valves, fittings, hydrants, safety equipment, water meters, etc. and are seeking a rezone in order to utilize the outside storage area for a pipe yard and for fire hydrants, etc. He brought up that John Schulte started Schulte Supply over 35 years ago, now having three locations throughout Missouri and Illinois where each one has well-maintained pipe yards. He mentioned they will take over the building for a storefront and approximately 5 acres. Commissioner Sansing pointed out that the neighboring property is zoned C-4. Engineer Whitlow read the following Staff statement: This request is to rezone from C-3 to C-4, this proposed use will require outside/fenced storage of supplies/equipment, the property was properly advertised and posted, Public Works received no phone calls in support or opposition, the property is shown as commercial on the Land Use Plan, and Staff has no objections to recommending approval to City Council. He recalled the previous tire shop utilized outside storage also, so it should have been zoned C-4 at that time. He confirmed it is similar to adjoining zonings, he believes it is a perfect use for this highway commercial area, and the structure lines up with what the company is wanting to do. Chairman Moore closed the public at approximately 7:14 p.m. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 2025 6:30 P.M. – 7:15 P.M. Commissioner Oakley moved, seconded by Commissioner Sansing to approve the rezoning of 6350 T.P. White Drive from C-3 to C-4. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): GENERAL: ANNOUNCEMENT(S): ADJOURNMENT: Chairman Moore without objection, adjourned the meeting at approximately 7:15 p.m. Respectfully submitted, _________________________ Susan L. Davitt 6