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03 MAR 03 JOINT.doc CITY OF JACKSONVILLE, ARKANSAS JOINT CITY COUNCIL/PLANNING COMMISSION MTNG MARCH 3, 2003 7:00 P.M. – 8:37 P.M. OPENING REMARKS: Mayor Swaim opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. Alderman Gary Fletcher delivered the invocation and Mayor Swaim led the audience in the Pledge of Alliance to the flag. ATTENDANCE: Aldermen: Kenny Elliott, Marshall Smith, Robert Lewis, Terry Sansing, Bob Stroud, Reedie Ray, Larry Wilson, Gary Fletcher, Avis Twitty and Bill Howard. Planning Commissioners: Glen Keaton, Susan Dollar, Bobby Lester, Chad Young, William Montgomery, Mark Perry, and Mark Stroud. Mayor Swaim and Chairman Brannen were also in attendance. Others present for the meeting were City Clerk Susan Davitt, City Attorney Robert Bamburg, City Engineer Whisker, Mr. Tommy Bond, Mr. Peston Robinson, Mr. Thad Gray, Mr. Jerry Smith, Chamber of Commerce Director Bonita Rownd, Mr. Jim Peacock, Mr. Roy Dellinger, Mr. and Mrs. Ted Camp members of the press, interested citizens, and petitioners. DISCUSSION: Landscape Ordinance Mayor Swaim stated that the purpose of the meeting is to discussed issues involving the proposed Landscaping Ordinance recently presented to the Planning Commission from the assigned committee. He recognized Alderman Bob Stroud, Committee Chairman. Alderman Stroud explained that the creation of a landscaping ordinance was born from a consensus to improve the appearance of Jacksonville. He then stated that Jacksonville would have benefited greatly from a landscaping ordinance in the past. He related that the Planning Commission needs a standard regarding developments; adding that commercial development was the beginning focus. He related the importance of appearance regarding business and industrial scouts considering relocation. He stated that he feels it is a common goal to have Jacksonville be more progressive. He related that the committee considered landscaping ordinances from other communities and residential was included in the draft ordinance presented to the Planning Commission. A slide presentation was viewed regarding examples of good and poor commercial developments. Screening of dumpsters was viewed with Alderman Stroud commenting that the proposed ordinance would address screening and business storage issues. He noted from the slides that Jacksonville has many asphalted areas without any interior landscaping. He stated that desire to have businesses relocate to Jacksonville and prosper in a progressive atmosphere. Chairman Brannen expressed dissatisfaction with the view of the downtown area as seen from the Chamber of Commerce building. CITY OF JACKSONVILLE, ARKANSAS JOINT CITY COUNCIL/PLANNING COMMISSION MTNG MARCH 3, 2003 7:00 P.M. – 8:37 P.M. Mr. Tommy Dupree brought up concerns regarding trash bins, and litter throughout Jacksonville particularly on Main Street. Discussion ensued as to the screening of trash bins being incorporated into the cleanup ordinance rather than the landscaping ordinance. Alderman Fletcher stated that residential landscaping is not the concern, saying that the beginning focus was the downtown area and new commercial development. He stated that there have been nice subdivision developments in the past five years without a need to regulate builders. Commissioner Stroud stated that as a resident of Stonewall, he pays annual fees to maintain the grounds and pool and feels that the restrictions have helped make Stonewall a good subdivision. Alderman Fletcher suggested that rather than regulating builders or homeowners, it might better be served in large subdivision to have common green areas. He mentioned difficulty regarding enforcement of individual residential landscaping requirements. Discussion ensued regarding the removal of single-family residential from the proposed ordinance but maintaining rental residential. Commissioner Young clarified that revisions to the ordinance removes residential except mobile home parks & subdivisions. Discussion ensued and it was the consensus to accept the newly revised Section Three regarding zoning classifications of R-3, R-7, C-1, C-2 C-3, M-1 and M-2 as required landscaping design areas and to eliminate R-0 through R-2, R-6 and R-4. Mayor Swaim requested that City Attorney Bamburg review the proposed amendments. City Attorney Bamburg related that, as recommended, Section Three eliminated residential zoning classifications and eliminated regulations regarding utility scheduling, lighting, and fencing for the zones noted above. He noted that Section Four had previously required “no clear cutting” but has now been revised as a recommendation that no clear-cutting occur. He clarified that removal of existing trees should be for the purpose of removing unhealthy or diseased trees for building construction. He stated that Section Four also provides that the trees saved on site would count toward required landscaping. He reviewed Section Six, noting the removal of residential zones and outlined the specific landscaping requirements for each applicable zoning. He reviewed commercial development requirements for perimeter planning strips, interior landscaping and ground cover, and noted that verbiage for manufacturing did not change in the revised ordinance. CITY OF JACKSONVILLE, ARKANSAS JOINT CITY COUNCIL/PLANNING COMMISSION MTNG MARCH 3, 2003 7:00 P.M. – 8:37 P.M. He then related that Section Five requires screening of not only the dumpster areas but also vehicular use areas, outside storage areas, and specifically addresses the need for screening between dissimilar use properties. He then noted that Section Six does require manufacturing to apply landscaping requirements to the front street area only, and that Section 16.20.049 addresses flexibility when these provisions are applied to any particular plan or development. He stated that Section Seven includes an attachment with recommendations of plant material but does not require these types of plants. In response to a question from Alderman Wilson, City Attorney Bamburg clarified that the requirement would be that plant materials be used in conformity with the American Nursery Standards Commercial Stock, but does not list what specific plants have to be used. He went on to say that the plants listed are recommendations. It will be a requirement to comply but a recommendation of what type of plant material can be chosen by the developer under the terms of the ordinance. He stated that Section Ten outlines maintenance requirements, as well as replacement of a dying or diseased plant material. He stated that Section Eleven addresses planting in the rights-of-way regarding grass or appropriate ground cover. He related that Section Twelve addresses enforcement and penalties issues, clarifying that it removes any tie to the certificate of occupancy, and allows for the non-compliant party to be given appropriate notice before being citied into court where a fine of no less than $25.00 and no more than $500.00 can be imposed. In response to a question posed by Alderman Smith, City Attorney Bamburg stated that the ordinance applies to new development and expansion or major renovation as directed under Section three. Discussion ensued regarding interpretation of expansion regarding a smaller section of property encompassed in a larger development. City Attorney Bamburg stated that it would be applicable if the property being expanded makes up more than 50% of the total area involved. The term “major expansion” and what is considered by “major” was discussed along with State code requirements, and the need to fully understand definitions. It was noted that the ordinance should not discourage renovations by impacting new landscaping and fire protection codes that would be cost prohibitive to renovate or expand. CITY OF JACKSONVILLE, ARKANSAS JOINT CITY COUNCIL/PLANNING COMMISSION MTNG MARCH 3, 2003 7:00 P.M. – 8:37 P.M. Commissioner Young pointed out that only the platted property that the new construction would affect would be considered for landscape. Commissioner Young then offered that he views the ordinance as a focus toward parking lot areas. Developer Preston Robinson questioned the requirement for trees, addressing his own development on John Harden Drive. He noted that under the proposed ordinance he would have to screen behind his development because of the separate use of a trailer park to the rear. He stated that he would be forced to sacrifice retail space to accommodate interior green areas. Commissioner Young responded that he would be required to landscape approximately 6% of the parking area. Mr. Robinson stated that if he has to give up parking spaces, he would in turn be forced to sacrifice retail square footage because of parking requirements tied to commercial square footage. Commissioner Young noted possible flexibility regarding the requirements so that it does affect the parking lot or building layout. Discussion ensued as to a compromise regarding green spaces and parking lots for future development in the City. Mr. Robinson pointed out that trees can obstruct the view of a store sign or advertisements. Commissioner Stroud stressed the need for a planned community with an ordinance that fits development and landscaping issues. Discussion ensued regarding industrial being regulated as commercial. Commissioner Young presented a colorized site plan for Lowe’s, pointing out that they were not required to present a landscaping plan but have provided landscaping. He illustrated that interior trees are not the only avenue for effective landscaping regarding commercial developments, pointing out Lowe’s use of landscaping materials next to the building. He went on to say that a variance could be granted for not having certain landscaping requirements if other landscaping issues are addressed. He reiterated that the landscaping target is big parking lots and added that a formal landscaping plan would not be necessary, something informal presented to City Engineer Whisker which is labeled. Discussion ensued regarding the landscaping of the North Little Rock Lowe’s, with some agreeing that the layout of green areas in the parking lot presents a maze for traffic to navigate through. CITY OF JACKSONVILLE, ARKANSAS JOINT CITY COUNCIL/PLANNING COMMISSION MTNG MARCH 3, 2003 7:00 P.M. – 8:37 P.M. Commissioner Stroud pointed out that one difference regarding the North Little Rock Lowe’s is that the parking spaces are 9’ and the proposed parking spaces for Jacksonville Lowe’s is 9.5’. In response to a question from the audience, Mayor Swaim clarified that building square footage dictates how many parking spaces are required for a development, explaining that if you eliminate the parking spaces then the amount of allowable square footage is also decreased. Mr. Bond stated that the requirement is one parking space for every 200 square feet of retail or commercial space. Mr. Robinson introduced concerns regarding irrigation, explaining that he put in a sprinkler system in front of Triangle Engineering but is having to pay a sewer charge on the water being used. Mr. Bond stated that Mr. Robinson could not have a separate meter because of the configuration of his building. He clarified that if a customer cannot have a separate sprinkler meter then they cannot have a discount on sewer. He stated that it is not like residential, adding that on residential the sewer department takes a six-month average of the winter months and does not charge higher sewer rates during the summer months. He stated that Manufacturing and Commercial are not afforded that same privilege. Discussion ensued regarding costs associated with enforcement. Mr. Robinson stated that he believes recent Commercial developments have not been aesthetically displeasing. Additional discussion ensued regarding implementation of a variance system through the Board of Adjustment for parking spaces to accommodate landscaping requirements. The question was raised if the ordinance setting parking requirements might need to be amended. It was also noted that commercial developers want their property to be attractive because it draws consumers. Alderman Elliott noted that if the City is going to require irrigation for commercial developments there would need to be provisions regarding the sewer charge. Mayor Swaim stated that he would review that situation. City Attorney Bamburg clarified that commercial and manufacturing allows for a separate meter, if the configuration of the building is sewer service compatible with a sprinkler meter. Discussion ensued regarding the requirement of getting permission to remove a tree and enforcement issues involved. CITY OF JACKSONVILLE, ARKANSAS JOINT CITY COUNCIL/PLANNING COMMISSION MTNG MARCH 3, 2003 7:00 P.M. – 8:37 P.M. Commissioner Stroud stressed that the Planning Commission needs to have a standard to work from. Discussion then ensued regarding passage of the ordinance as amended or returning the ordinance to the Planning Commission for further revision. It was noted that the ordinance would need to be realistic in how it regulates the landscaping requirements and not become an enforcement hardship for the City. Mr. Dupree stated that he hoped provisions for dumpsters would be addressed, and suggested adding those provision to the existing cleanup ordinance. Alderman Fletcher expressed concerns for growth of the downtown area, suggesting that existing businesses be grandfathered regarding landscaping requirements for a three or four year period, allowing businesses time to save money and invest back into their commercial property. Alderman Stroud stated that if everyone agrees a standard is needed as requested by the Planning Commission then an ordinance should be established to have a starting place to work from. He stated that possibly later the City could can come up with some funds to 50/50 with business owners to improve the façade and perimeter of their property. He stated that it is a start toward making Jacksonville better. Discussion ensued regarding standards for existing establishments and new construction regarding commercial and residential. Mayor Swaim noted that the consensus thus far is to remove residential from the ordinance. City Engineer Whisker stated that he believes that currently the ordinance grants the City the authority to make owners have full dumpsters emptied. In response to a question posed by Alderman Smith, Mayor Swaim stated that the cleanup ordinance can be amended to address dumpster concerns. Mr. Bond expressed concern for enforcement, saying that the City has acknowledged enforcement issues regarding the existing cleanup ordinance. He stated that he felt the landscaping ordinance would be harder to enforce. Commissioner Stroud reiterated the need to have written regulations for the Planning Commission, adding that Jacksonville Municipal Code 17.20.190 addresses an erosion control plan which would be affected by clear-cutting property. CITY OF JACKSONVILLE, ARKANSAS JOINT CITY COUNCIL/PLANNING COMMISSION MTNG MARCH 3, 2003 7:00 P.M. – 8:37 P.M. It was noted that State law requires erosion control and would supersede City ordinance. Mayor Swaim stated that if the ordinance is to be sent back to the Planning Commission, recommendations should be formed to offer direction. Alderman Wilson stated that prior to passage of the ordinance, enforcement and personnel needs would need to be estimated to offer the City Council a costs analysis. Mayor Swaim offered that the current code ordinances have three full-time code enforcement inspectors, adding that manpower would have to be added to address and any enforcement issues. Mr. Bond pointed out that the businesses featured on the slide presentation were built before dumpsters were used, so were not originally designed for dumpsters in the first place. Discussion ensued regarding efforts over the past five years by the Chamber of Commerce to address aesthetic needs of the downtown area. It was noted that the entire downtown area of Little Rock was reconstructed to achieve improved aesthetic appearance. Commissioner Young suggested that input regarding revisions for the ordinance be forwarded for consideration in further ordinance amendment. He stated his support for an ordinance to regulate landscaping considerations. Alderman Fletcher expressed the need to simplify the landscaping ordinance regarding legalities. Input from the audience was encouraged. Consensus was to reconsider issues of concern for further consideration at the next regularly scheduled Planning Commission meeting. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:37 p.m. Respectfully, ____________________________ _____________________________ Susan L. Davitt MAYOR Planning Commission Secretary Tommy Swaim