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03 JUN 09.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 2003 7:00 P.M. – 7:50 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance. ROLL CALL: Commissioners: Susan Dollar, Chad Young, Bobby Lester, Glen Keaton, Lester Piggee, Mark Stroud, and William Montgomery answered ROLL CALL. Chairman Brannen also answered ROLL CALL and declared a quorum. PRESENT eight (8), ABSENT (1). Others present for the meeting were City Engineer Whisker, Mr. Tommy Bond, Aldermen Smith, and Stroud, members of the press, interested citizens, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Piggee moved, seconded by Commissioner Dollar that the minutes of the 12 May 2003 Regular Planning Commission meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLAT(S): a. FINAL PLAT Wayne Rogers Duplex Subdivision Mr. Wayne Rogers stated that he is requesting final plat approval for lots 4 and 5 in order to construct duplexes. City Engineer Whisker related that the property is located in the County on Republic Road. He stated that Mr. Rogers has three existing duplexes and is platting the remainder of the property to construct two additional duplexes on lots 4 and 5 as rental properties. He stated that Mr. Rogers is further requesting a waiver regarding sidewalks, explaining that the City is not planning to annex the property. It was noted that property located in the County does not carry a specified zoning. In response to a question posed by Commissioner Dollar, City Engineer Whisker explained that that the waiver for sidewalks is a result of the property being outside the City limits, adding that the City has no plans to annex the property. Commissioner Lester moved, seconded by Commissioner Young to approve the Final Plat of the Wayne Rogers Subdivision, granting a waiver regarding sidewalks. MOTION CARRIED. BUILDING PERMIT(S): a. REVISED SITE PLAN Walgreen 819 Main Street Representative Mr. Tommy Bond was delayed. Item of business was delayed pending Mr. Bond’s arrival. DEVIATION IN AGENDA: GENERAL: a. Mixed Use Ordinance was delayed until next regularly scheduled Planning Commission meeting. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 2003 7:00 P.M. – 7:50 P.M. b. DISCUSSION Proposal for 25’ Front Yard setback for R-1 zoning Commissioner Stroud suggested that a 25’ setback versus a 35’ setback be offered to encourage developers to plan subdivisions with a wider lot width, suggesting an average of 83-feet. He noted that surrounding municipalities have shorter front yard setbacks, adding that he does not feel the 25’ setback should be extended to exterior lots that may adjoin other subdivisions with a 35’ setback. He stated that it should only be extended to lots on interior streets of new subdivisions. He further suggested that rather than implement the interior streets 25’ setback through an ordinance, it could be granted through the Planning Commission. Commissioner Dollar expressed support for a 25’ setback regarding interior streets. In response to a question posed by Commissioner Dollar, Commissioner Stroud stated that the suggested 83-foot would be the average width of all lots proposed within the subdivision. He added that an average would allow for culdesac lots of a lesser width. He stated that the 83-foot average is debatable, saying that it was just a number to factor narrower and wider lots within the same subdivision. Discussion ensued as to the Planning Commission being the body to address the setback variance regarding interior streets. Commissioner Stroud related that the provision is being offered to encourage new developers to plan wider lot subdivisions, adding that he feels it would be an advantage to not only new developers but also local developers. In response to a question posed by Commissioner Lester, Commissioner Stroud stated that the intent for offering a shorter setback is to encourage rather than dictate builders to proactively make wider lots. He related that it would not initially help the developer, but would help the builder; adding that in the long run it may help developers sell lots quicker. Discussion ensued regarding the current ability for a petitioner to seek a setback variance from the Board of Adjustment. City Engineer Whisker reminded the Commission that the Crooked Creek Subdivision was proposed with a 25’ front yard setback in the preliminary plat and that at the time it was the advice of the City Attorney that the developer apply for a dimensional variance from the Board of Adjustment. He added that he has researched setbacks regarding surrounding cities and that Cabot and other cities have adopted the 25’ setback. He stated that those cities also use a 25’ setback on both sides of street frontage regarding corner lots, which he stated to be a benefit. Mr. Tommy Bond stated that generally it is not the developer that receives any benefit from a shorter setback, but pointed out that the builder would because of a shorter driveway and sidewalk. He added CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 2003 7:00 P.M. – 7:50 P.M. that then a distance of 10’ shortens every utility service so that cumulatively it would save approximately 2,000 to 3,000 dollars per home. He pointed out that not only does a shorter setback save the builder; it saves the homebuyer. Commissioner Young noted that the shorter setback would provide for more lots. Mr. Bond agreed, saying that he feels it would make the City of Jacksonville competitive, and help make builders want to build houses in Jacksonville. Commissioner Montgomery questioned builders concern for allowing a 25’ setback if the current ordinance is fixed at 35’. Mr. Bond stated that he did not feel that would be an issue, adding that the bill of assurance would take precedence over the City setback if it were greater than City Code. Mr. Bond then noted that all development in Jacksonville has carried a 35’ setback for the past 40 years, saying that Mr. T.P. White had felt strongly that the community would look better with a 35’setback. Commissioner Stroud stated that the 35’ setback had served the City well, adding that he had spoken with Mr. White regarding setbacks. He stated that after pointing out issues in today’s competitive market, Mr. White felt it would be a good idea probably to reduce it. He related that he believes the Commission is very cognate in forward thinking, and that the authority would rest well with the Planning Commission; allowing designers the knowledge that the Planning Commission has the ability to grant a 25’ setback. Chairman Brannen stated that his recommendation would be to leave the setback Ordinance as is and let the variance process take care of the 25’ setbacks on interior lots. Mr. Bond pointed out that any impact on the overall development plan should be presented at the sketch plat stage, clarifying that the sketch plat could be submitted along with a variance request. He added that the difference being that if theoretically you could shorten the lot depth from 120’ to 110’ and still have a 25’ rear yard. City Engineer Whisker stated that the lot depth could not be shortened because of zoning requirements that set the lot size of 70’ by 120’. Discussion ensued and City Engineer Whisker stated that 70’ X 120’ is the largest and that the next is 60’ X 100’. It was noted that changing the front yard setback would not shorten the lot depth but would reduce the front-end costs of building. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 2003 7:00 P.M. – 7:50 P.M. It was the general consensus of the Planning Commission to bring the item back for further discussion when City Attorney Bamburg can be present regarding legal aspects. City Engineer Whisker stated that in keeping with Commissioner Stroud’s thoughts to encourage wider lots, a 25’ setback could be offered contingent upon the square unit being larger than 80’ X 140’ as an example. He went on to say that would prevent petitioners from having to apply to the Board of Adjustment each time, clarifying that there would be a finite amount of square footage per lot that allows for a 25’ front yard setback. Commissioner Stroud stated that City Engineer Whisker’s recommendation would be best to have written within the framework of an ordinance. He asked City Engineer Whisker to meet with Mr. Bond and draft a framework with that ideal. City Engineer Whisker related that the Commission would need to approve whatever size lot is being encouraged by granting a 25’ setback, or use a home square footage required in the bill of assurance as a minimum. Commissioner Dollar stated that she could support an interior street lot of 70’ X 120’ having a 25’ setback. City Engineer Whisker stated that he was working off the premise of encouraging large lots, adding that currently City Code does not allow a 25’ setback on a 70’ X 120’ lot. He related that Cabot, Sherwood North Little Rock, and Little Rock do not seem to have a problem with it. It was the consensus of the Commission to suspend discussion until the next regularly scheduled Planning Commission meeting. RESUME AGENDA: BUILDING PERMIT(S): Revised Site Plan for Walgreen Pharmacy Mr. Bond related that requests suggested by the Commission were forwarded to Walgreen’s developer a month ago, and the present plan is being submitted. He pointed out that Walgreen’s developers did not feel that it would be safe to have a 25’ throat so they narrowed the landscaping area from 25’ to 20’ to widen the throat to 30’. He then pointed out that the landscape area was increased in the front of the building and an extra 5’ of right-of-way was provided on Main Street. He noted that the revised site plan has a larger landscape area, which required that the building be shifted and rotated slightly to the south on the lot for a better configuration. He then added that the change in configuration decreased the amount of parking spaces from 72 to 60, adding that they are now 12 spaces under City Code parking requirements. He related that with a drive-thru window, he did not feel there would be an issue regarding parking. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 2003 7:00 P.M. – 7:50 P.M. Discussion ensued regarding other suggestions for parking design and landscaping forwarded from the Planning Commission, and it was the consensus of the Planning Commission to accept the present plan being submitted. City Engineer Whisker requested that Walgreen furnish a preliminary and a final plat granting the City rights-of-way, adding that the site plan meets all code requirements with the exception of parking spaces. It was noted that Walgreen would need to seek a variance from the Board of Adjustment regarding parking space requirements. Discussion ensued regarding re-suggesting a previous parking design that would also contain 60 spaces and Chairman Brannen voice objection to further changes in the site plan. He pointed out that monies set aside for the project were already into play along with other funds that were brought in to secure the project. City Engineer Whisker related that his understanding is that Walgreens has not yet purchased the property. Commissioner Dollar moved, seconded by Commissioner Piggee to approve the Preliminary Site Plan as presented, stipulating that prior to issuance of a building permit the property will be preliminary and final platted and a variance for parking. MOTION CARRIED. c. DISCUSSION Landscape Ordinance Alderman Stroud related that Mr. Bond had proposed a sliding scale for zones R-0 through R-1A, explaining that it would require landscaping based on the estimated costs of the building permit. He pointed out that there had been controversy over the R-0 through R-1A at the previous joint meeting with the City Council and Planning Commission. Discussion ensued regarding removal of R-0 through R-1A from the landscaping ordinance. Alderman Stroud pointed out that the new dollar store on Trickey is a good example of why the Planning Commission needs a landscaping ordinance. He noted that a landscaping ordinance would also require commercial property owners to maintain their property. He related that Jacksonville is the only city of its size that does not have a landscaping ordinance. He went on to mention that many have a “tree ordinance”, adding that the first requirement to a tree ordinance is to have a landscaping ordinance. He stated that he had learned on the Internet many cities in the state of Arkansas have a tree ordinance, which means they also have a landscaping ordinance. He reviewed the following cities and their population as having a tree ordinance Adona 187, Bentonville 19,730, Etowah 366, Eureka Springs 2,200, Fayetteville 52,000, Fordyce 4,779, Hot Springs 35,000, Keiser 805, Marvell 1,395, Mount Vernon 144, Mountain 2,876, Nashville 4,848, North Little Rock 60,433, Rogers 38,829, and Wooster 616. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 2003 7:00 P.M. – 7:50 P.M. He related that Hot Springs conducted a survey and discovered that they had several million dollars worth of trees. He stated that all the aforementioned cities realized the importance of maintaining green areas. He summarized saying that the draft ordinance could be recommended as written, changed to remove R-0 through R-1A or have R-0 through R-1A written on a sliding scale. He commended the City Attorney’s draft ordinance, saying that it is a good start needed by the Planning Commission. It was noted that the draft ordinance is the same as presented at the joint meeting, it was suggested that R-0 through R-1A be removed or changed to a sliding scale. Mr. Bond agreed that if the residential were removed it would address any previously expressed controversy. Commissioner Young stated that he felt a sliding scale offers flexibility and suggested working on a percentage for the sliding scale. He stated that a sliding scale would simplify the process. He suggested that 3% of the overall construction costs be reserved for landscaping. Factors regarding inclusion of a residential sliding scale were discussed and it was generally considered that residential should be removed from the draft ordinance. Discussion ensued regarding recommendations for screening between commercial and residential property. It was noted that if a residential development occurred next to a commercial establishment than it is likely the development would perform the screening construction. Chairman Brannen suggested that R-0 through R-1A be removed and that an ordinance be drafted for City Council approval; he further suggested that a percentage scale be drafted for commercial only. Commissioner Stroud suggested defining the percentage regarding the commercial sliding scale. Commissioner Young offered that a typical landscape job is usually between a minimum and maximum of 1 to 3 percent of the total construction costs. Mr. Bond suggested a sliding scale for the estimated cost of construction regarding the minimum to maximum percentage, pointing out that 3% of a large commercial development may be an unreasonable amount. He offered that as the construction costs increases the percentage should decrease. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 9, 2003 7:00 P.M. – 7:50 P.M. Alderman Stroud suggested 3% for the first $100,000, 2% for cost ranging from $100,000 to $500,000 and 1% for $500,000 plus. Alderman Stroud offered to meet with City Attorney Bamburg regarding a commercial sliding scale and the exclusion of residential. He mentioned the need to screen commercial loading docks and trash bins. Chairman Brannen noted that landscaping options could be stipulated through the Planning Commission. Mr. Bond noted that some cities do not consider a buffer or barrier as counting toward landscaping percentages. City Engineer Whisker offered that the ordinance should specifically state the inclusion of apartments, dupelexes and manufactured housing parks and the exclusion of all houses which are R-0, through R-1A plus R-4 (zero lotline), R-5 (modular housing), and R-6 (mobile home individual lot). Consensus of the Planning Commission was that City Engineer Whisker and Alderman Stroud meet with City Attorney Bamburg to draft a landscaping ordinance for presentation at the next regular Planning Commission meeting. ANNOUNCEMENT: ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:50 p.m. Respectfully, ____________________________ Susan L. Davitt Planning Commission Secretary