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03 APR 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 2003 7:00 P.M. – 8:03 P.M. OPENING REMARKS: Acting Chairman Lester opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Lester Piggee, Mark Stroud, and William Montgomery answered ROLL CALL. Acting Chairman Lester also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT (3). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Mrs. Emma Knight, Aldermen Howard, Alderman Smith, Alderman Stroud, Mr. Tommy Dupree, Mrs. Lucille Pate, members of the press, interested citizens, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Montgomery moved, seconded by Commissioner Young that the minutes of the 10 March 2003 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): a. REZONING of 131 Valentine Road from R-0 to R-7 Acting Chairman Lester opened the public hearing at approximately 7:03 p.m. Petitioner Representative Mrs. Emma Knight of Real Estate Central stated that she is representing the seller. She then introduced Mrs. Lucille Pate as the representative for the buyer. She related that the property has been listed for a long time with several prospects, adding that no one interested in the property has wanted to build a house. She stated that a large ditch intersects the property with growth on both sides. She related that the offer to purchase is subject to the buyers being allowed to place a mobile home on the large side of the lot. She explained that one side of the ditch is 64’ and the other side has 124’ between the property line and the ditch. Buyer Representative Mrs. Lucille Pate of Bart Gray Realty stated that the buyer contends that the area for placement of the mobile home would enhance the property. He stated that the buyers are a young couple wanting to purchase the property for a home. In response to a question posed by Commissioner Dollar, Mrs. Pate answered that there is already a mobile home park across the street from the property. Acting Chairman Lester invited opposition to the rezoning to speak. Mr. Donald Thomas stated that he is the adjacent property owner, adding that single-family surrounds the property and that a new housing addition is planned to the rear of the property. He stated that he did not feel anyone in the neighborhood would want a “house trailer” in the area, feeling that it would lower property values. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 2003 7:00 P.M. – 8:03 P.M. He stated that he did not feel that the request is feasible given that the property is single-family development. Commissioner Stroud clarified with Mr. Thomas that that side of Valentine where the rezoning is proposed is only residential site-built homes. Mr. Thomas then answered that the property was never considered for mobile home development, adding that his grandfather owned the property previously. He stated that the property was sold to the trailer park who then sold back to the originally owner, who sold the property again but kept the portion in question. He stated that the property has since been sold several more times. It was noted that the trailer park does not own the property. In response to a question posed by Commissioner Young, Mr. Thomas noted that there are four houses in the location and that he has two acres adjacent to his property, noting a new housing addition being developed by Mr. Tommy Dupree. In response to a question posed by Commissioner Piggee, Mr. Thomas estimated that the site built homes in the area are valued at thirty to forty thousand, some being rental property. He then estimated that his home is valued at eighty to ninety thousand. He added that he felt the new subdivision would also be valued at approximately eighty to ninety thousand. He then answered that there are no manufactured homes on that side of Valentine Road. He reiterated that he did not feel anyone in the neighborhood would want a “trailer” on that side of the street because of lowering property values. He stated that he would not complain about a site built home. Commissioner Young mentioned the Commission’s feeling regarding spot zoning, noting the diversity of use that can occur. In response to a question posed by Commissioner Montgomery, Mr. Thomas answered that he owns site built rental property adjacent to his home. Mr. Tommy Dupree representing the Estate of Grace Phelps Dupree, stated that the property adjacent on the west side belongs to the Estate. He stated that he has been in the process of having the property developed for single-family housing. He noted that City Engineer Whisker has given approval for the layout with conditions for additional drainage pipe and sidewalks. He stated that he would be opposed to spot zoning that would allow a mobile home. He then stated that if he is able to proceed with the subdivision he might be interested in purchasing the property being proposed for rezoning. With no one else to speak for or against the rezoning, Acting Chairman Lester closed the public hearing at approximately 7:15 p.m. In response to a question posed by Commissioner Piggee, City Engineer Whisker related that the trailer park in the area is the Hallelujah Trailer Park off Valentine Road on the opposite side of the street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 2003 7:00 P.M. – 8:03 P.M. He then noted the street adjacent to Hallelujah Trailer Park, pointing out that there are no trailers located directly across the street from the proposed area or on the same side of the street. He noted the abundance of vacant land zoned R-0. He stated that the plan for the subdivision began in the late 90’s as the last subdivision in the area for single-family housing. He stated that he usually prefers to have a natural barrier of either a road or railroad track, mentioning the last similar rezoning occurring behind Foxwood Subdivision. Commissioner Stroud moved, seconded by Commissioner Dollar to deny the request to rezone property located at 131 Valentine Road from R-0 to R-7. MOTION CARRIED. b. NPDES Storm Water Phase II Acting Chairman Lester opened the public hearing at approximately 7:16 p.m. City Engineer Whisker related that Phase II of the Storm Water Act was enacted March 10, 2003. He stated that requirements of Phase II involve education; awareness and outreach to the public regarding keeping storm water clean. He mentioned requirements of keeping dirt out of the gutters, especially at construction sites by using silt fencing and hay bails to promote clean water run-off. He explained that land water run-off eventually ends up in the water streams. He mentioned hazards regarding disposal of motor oil on the ground and fertilizer. He stated that the restrictions regarding subdivision development would tighten, adding that instead of requirements only affecting five-acre tracts, those requirements are now being applied to one-acre developments. He mentioned visible requirements being established at Lowe’s. He related that there are stricter controls being administered by ADEQ (Arkansas Department of Environmental Quality), explaining that there is a form established for all cities in the area. He stated that Jacksonville is waiting for the form to sign. He stated that Little Rock has their own program in place, explaining that they were the only city in Arkansas that was under the Phase I stage of the Storm Water Act and are meeting all their requirements as of 2000. He stated that Jacksonville already complies with most of the requirements, pointing out that it is a matter of documenting and informing ADEQ of activities already in place such as street sweeping and informing developers of requirements. In response to a question posed by Acting Chairman Lester, City Engineer Whisker explained the purpose of silt fencing and the maintenance requirements as establish under ADEQ regulations. He answered that Phase II went into effect March 10th and that the City of Jacksonville had included its letter of intent with many other cities and is waiting for specifics to be forwarded for ADEQ. He stated that the public hearing is one of the requirements. He then noted that compliance with ADEQ is established by Ordinance under Storm Water Management in 1999. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 2003 7:00 P.M. – 8:03 P.M. He mentioned other methods that may require keeping dirt out of the storm water and clarified that the Ordinance addressing the Erosion Control Plan is a major part of the ADEQ requirements. With no one else expressing a desire to speak, Acting Chairman Lester closed the public hearing at approximately 7:21 p.m. REQUEST TO APPROVE PLAT(S): SKETCH PLAT for Forest Oak Subdivision City Engineer Whisker explained that Mr. Bond had called and has been unavoidably detained. DEVIATION IN AGENDA: GENERAL: a. In-house Approved Replat by City Engineer Whisker City Engineer Whisker stated that he had approved a Replat of six lots in the County off Jacksonville Cut-Off Road. He noted that the subdivision had water and other utilities. b. Proposed Mixed Use Presented by City Engineer Whisker City Engineer Whisker related that the City in 1977 created a 25-year plan, which would require an update in 2002. He stated that efforts have been ongoing to create the next 25-year plan, adding that part of the plan is to have a mixed-use zone for commercial and residential. He explained that currently the City does not have a zone that would allow for a mixed use of those uses. He stated that the zone would also allow for townhouse/apartment type developments in the same area as smaller businesses. He noted that Little Rock provides for this type of development. He demonstrated the area chosen by the City and Metroplan, noting that it is mostly centralized in the downtown area of Jacksonville. He stated that he hopes to return with an ordinance for the next regularly scheduled Planning Commission meeting in May for review. Commissioner Young questioned if there would be a provision for hotel/motel mixed with commercial, mixed with residential regarding a variety of uses that come together. City Engineer Whisker stated that such a provision could be implemented if directed by the Commission for inclusion in the mixed use. Commissioner Dollar supported the proposal for a mixed-use zone, but expressed concern for including duplexes and quadplexes because of the lack of height given to this type of development. She explained that generally the idea of a downtown area presents more a vertical image. City Engineer Whisker stated that those types of developments were included mainly because they already exists in some of the areas, mentioning Mulberry Place and an area behind the Texaco Station on Main Street. He requested input for the ordinance being presented next month. He stated that mixed zoning would be incorporated into the Land Use Plan and the 25-year plan. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 2003 7:00 P.M. – 8:03 P.M. TUP Tower Use Permit Request / 1111 James Street City Engineer Whisker asked that the Commission consider additional information regarding a request for a tower use permit. He related that the item would not require a formal decision tonight. It was the general consensus of the Commission to allow Mr. Chris Villines to present additional information. Mr. Villines related that previously the Commission had requested additional information regarding a letter from the LRAFB and relocating the site further from the west property line. He stated that he has obtained the letter necessary from the LRAFB and has relocated the design closer to the convenience store. He stated that he has also research any means for co-location, he related that through structural analysis he discovered that the tower at Gwatney Chevrolet is designed for only one carrier. He stated additional research was conducted regarding their RF signature as it would be from other co-locations and has maps regarding that data. He stated that he would like to be able to tell the Commission that they would be able to Co-locate, but that he has to push forward with the current site and request. He presented the Commissioners with additional information packets to be addressed at the next regularly scheduled Planning Commission meeting. He compared costs regarding construction of a new site as opposed to co-locating, and mentioned that the chosen site is zoned commercial, which makes it a logical choice. Commissioner Piggee moved, seconded by Commissioner Montgomery to place the item of business on the May 12th Regularly Scheduled Planning Commission Meeting. MOTION CARRIED. RESUME AGENDA: REQUEST TO APPROVE PLAT(S): SKETCH PLAT for Forest Oak Subdivision Mr. Bond stated that the Sketch Plat being presented addresses modifications previously requested, he pointed out that culdesacs were designed into the subdivision and lot dimensions were modified as well as lots originally designed to face General Samuels. He stated that there would not be any lots having individual access unto General Samuels. City Engineer Whisker stated that he is satisfied with the modifications, pointing out that the only other item requested is that the two proposed streets on General Samuels line up with any street that would occur on the north end coming from the Crooked Creek Subdivision. Mr. Bond stated that he did not feel that would be a problem. City Engineer Whisker noted that there were four culdesacs added instead of through streets. He stated that the subdivision is conducive to an enclosed neighborhood without being a cut through for traffic seeking to move from Harris to General Samuels. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 2003 7:00 P.M. – 8:03 P.M. Mr. Bond stated that emergency vehicles would have three points of ingress or egress. In response to a question posed by Commissioner Dollar regarding property located in the 100-year floodway, Mr. Bond stated that he believes the property is in zone A, which is an undefined prone area. He noted that the actual 100-year floodway stops short of the subdivision. He then responded that he did not believe the subdivision would flood, explaining that the houses will be placed on higher ground. City Engineer Whisker stated that FEMA flood plain rules regarding zone A stated that if the subdivision is more than five acres the developer must do a study to bring the floodway under control. Mr. Bond stated that flooding is not anticipated to be a problem. City Engineer Whisker pointed out that the area in question is the lower right hand corner regarding lots 81 through 86. Mr. Bond stated that the area is anticipated to be a retention area and not housing lots. In response to a question posed by Acting Chairman Lester, Mr. Bond related that the subdivision abuts Fair Oaks, but does not have any actual physical connection for vehicles. City Engineer Whisker noted that lots 84 through 93 would abut Fair Oaks with lots 83 through 76 and 74 through 65 abutting Bushwood Estates. Commissioner Dollar moved, seconded by Commissioner Young to Approve the Sketch Plat of Forest Oak Subdivision. MOTION CARRIED. c. DISCUSSION of Landscaping Ordinance City Engineer Whisker reviewed the result of the questionnaire he had requested previously. He related that the poll revealed that most people were in favor of the green ordinance, pointing out that he had fifteen responses from nineteen issues. He stated that most responses favored screening for existing and new dumpsters and that the green ordinance was favored not necessarily in residential but more commonly in commercial zones including apartments, mobile home parks and industrial. He then stated that responses favored green areas around parking lots regarding new construction. He stated that some responses indicated they were unsure about trees around buildings. He added that clear-cutting was most favored regarding industrial because of its site size and that the most popular answer regarding updating existing landscaping indicated it should occur only under a change of usage concerning greenery in the parking area. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 2003 7:00 P.M. – 8:03 P.M. City Engineer Whisker clarified to Commissioner Stroud that mostly under residential clear-cutting was not favored, but was almost fifty-fifty regarding commercial and industrial zones. He related that specific types of greenery were not recommended but a designated dollar amount or percentage of the building permit cost to allow for greenery with certain guidelines with approval from the Planning Commission was favored. He stated that he believes people were looking for a simpler ordinance without too much legislation regarding specifics. Landscaping Committee Chairman Bob Stroud related that he was somewhat surprised regarding the controversy of the proposed landscaping ordinance; pointing out that most cities the size of Jacksonville has a landscaping ordinance. He voiced concern regarding large areas of asphalted parking lots, adding the need to plan for a landscaping ordinance. He complimented City Attorney Bamburg regarding the draft landscaping ordinance. He stated that he would like to see the ordinance include residential, pointing out the possibility of using a percentage basis for residential. He supported the ordinance. In response to a question posed by Commissioner Mark Stroud, Alderman Bob Stroud stated that the issue to remove residential was not firmly decided. Commissioner Stroud questioned the viability of beginning again with the first draft ordinance (including residential) and then consider a percentage plan as recommended by Mr. Bond. Commissioner Young suggested that efforts to redraft the ordinance should begin with the survey results and then add consideration for the percentage basis plan. He stated that the original version could be used as a language guide, but added the need to simplify. Commissioner Stroud questioned if the survey feedback regarding residential might have come in differently if it were not based off the structured idea and its restrictive nature versus a percentage basis that is now being proposed. Discussion ensued regarding a meeting opportunity to hear the percentage plan and consider survey results in the meanwhile. City Attorney Bamburg stated that it appeared to him that the Joint Meeting rejected the proposed draft ordinance that came out of the committee, adding that at that point he would think the ordinance would need to be returned to the landscaping committee for further consideration before being resubmitted to the Planning Commission and then onto the City Council for final approval. Alderman Stroud stated that the committee would be willing to review the percentage basis plan from Mr. Bond. He then noted that screening of dumpsters is usually addressed in most landscaping ordinances. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 14, 2003 7:00 P.M. – 8:03 P.M. He stated that he was glad that everyone agreed on the importance of screening dumpsters. He stated that the Landscaping Committee would schedule a meeting. Mr. Bond offered that residential requirements should be more flexible, not requiring a fixed number of trees, shrubs, buffer or setback. He explained that he feels every site or development may require flexibility to deal with the individual elements of that particular situation. He stated that a more flexible plan would be better received by the developers making a better working situation. He reminded the Commission that any ordinance adopted could be amended as changes dictate. He stated that it is his understanding that the City of Fayetteville has never granted a complete approval without waivers, adding that part of the reason is because the ordinance is so restrictive it makes it hard too meet all the standards at some sites. He stated that he felt it would be easy to quantify percentage costs, adding that he feels a sliding scale based on estimated cost of construction would better address landscaping needs per site including residential. He noted that residential developers sod the lawn and by the time the house is a year old there have been a few trees planted. He stated that a simpler ordinance would be easier to interpret and enforce, noting that it could be updated or amended as changes require. ANNOUNCEMENT: The Sign Committee will meet following the Planning Commission meeting. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 8:03 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary