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96 MAR 11.doc (2) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Jim Dornblaser, Kenny Elliott, Mark Perry, John Hardwick and Jack Patton answered ROLL CALL. Chairman Bart Gray, Jr. also answered ROLL CALL and declared a quorum. Commissioner Brannen, Reid and Foster were absent. PRESENT Six (6), ABSENT (3). Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane Reel, Engineering Secretary Marci Wilson, Metroplan Representative Mr. Richard Magee and petitioners. DEVIATION IN AGENDA: PUBLIC HEARING(S): 7:05 p.m. (1) The rezoning of 900 Ellis from R-2 to R-4; Petitioner Harold Parker Chairman Gray opened the public hearing at approximately 7:05 p.m. Mr. Parker stated that a mobile home had been located on the lot for approximately 15 years and that adjoining lots are zoned R-4. There were no comments against the rezoning. Chairman Gray closed the public hearing at approximately 7:07 p.m. Commissioner Elliott pointed out that the rezoning would comply with the land use map of the City and moved, seconded by Commissioner Dornblaser, to recommend to the City Council the rezoning of 900 Ellis Street from R-2 to R-4. MOTION CARRIED. (2) The rezoning of Block 3 & 6, Original Town of Jacksonville from R-2 to R-3; Petitioner Buddy McMahan Chairman Gray opened the public hearing at approximately 7:08 p.m. Mr. McMahan, representing the different owners of the property, voiced that they desire to rezone the property for the purpose of building an apartment complex. There was no opposition voiced from the audience regarding the rezoning. Chairman Gray closed the public hearing at approximately 7:10 p.m. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Commissioner Dornblaser moved, seconded by Commissioner Hardwick to recommend to the City Council the rezoning of Block 3 & 6 of the Original Town of Jacksonville from R-2 to R-3. MOTION CARRIED. Chairman Gray pointed out that the two rezoning items would be placed on the 21 March agenda of the City Council. RESUME AGENDA: APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Elliott moved, seconded by Commissioner Hardwick to APPROVE the minutes of the Regular Planning Commission Meeting of February 12, 1996. MOTION CARRIED. Commissioner Elliott moved, seconded by Commissioner Patton, that the Annual Planning Commission Report for the year 1995 be APPROVED as submitted. MOTION CARRIED. REQUEST TO SET PUBLIC HEARING(S): (1) A ten acre parcel generally located West of Dupree/East of 67-167, owned by Byron McKimmey, legally described as follows: All that portion of the NW 1/4, SE 1/4 of Section 25, T-3-N, R-11-W, that lies East of U.S. Highway 67-167 and being more particularly described as follows: Beginning at the Southeast corner of the NW 1/4 SE 1/4 of said Section 25; thence N 87 degrees 50 minutes 50 seconds W along the South line there of a distance of 983.42' to a point on the Easterly right of way line of said U.S. Highway 67-167; thence N 51 degrees 59 minutes 48 seconds E along said right of way line, a distance of 174.94' to the point of curvature of a 3969.72' radius curve to the left; thence along said curve a chord bearing of N 42 degrees 59 minutes 00 seconds E and a distance of 1267.65' to the point of intersection of said Easterly right of way line and the East line of said NW 1/4 SE 1/4, Section 25; thence S 01 degrees 02 minutes 09 seconds W along said East line a distance of 1072.18' to the point of beginning. Containing 10.71 acres, more or less. Chairman Gray recognized Mr. McKimmey to address the item of business. Mr. McKimmey stated that Mr. Tom Hansen, with North Hills Country Club, desires to put in a golf driving range, go carts, batting cages, etc. plus a small sales office on the parcel. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Chairman Gray related that the property is now zoned R-1 and that the request is for C-2. There was discussion regarding the C-2 classification requested with a suggestion made to Mr. McKimmey that a C-4 classification would be more suitable for the requested use of the property. Mr. Brooks McRae pointed out the reasoning behind the C-2 request as related to a conditional use under that zoning classification. There was some discussion regarding access to the property with Chairman Gray stating that the same could be brought up at a public hearing. Commissioner Elliott voiced that a development plan prior to the rezoning showing the use of the land would be in order. Commissioner Dornblaser made reference to the land use map of the City pointing out the R-1 zoned surrounding area might make rezoning the parcel under discussion to C-4 difficult. Commissioner Elliott moved, seconded by Commissioner Dornblaser, to set a public hearing for 7:00 p.m. 8 April 1996 during the Regular Planning Commission Meeting, as requested, for the rezoning of "All that portion of the NW 1/4, SE 1/4, of Section 25, T-3-N, R-11-W, Pulaski County, Arkansas, that lies East of U.S. Highway #67-167, containing 10.71 acres", owned by Mr. Byron McKimmey, from R-1 to C-4. MOTION CARRIED. Chairman Gray informed Mr. McKimmey that the property will need to be posted on both sides 15 days prior to the public hearing. 2. Requesting Reclassification of property located adjacent to GTE building on West Main. Mr. J. C. James related that his client is requesting that the property be rezoned from M-2 to C-2, adding that the proposed 1300 square foot construction will be used as office space for the Human Services building. Commissioner Elliott suggested that it could be considered as a conditional use request without rezoning the property. Options, circumstances and zoning requirements regarding the request were discussed. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Mr. J. C. James related that if a conditional use granted by the Board of Adjustment would allow for an office building in an M-2 zone he would like to proceed with that option with regard to the time factor. Chairman Gray informed Mr. James that he would still need to bring the metes and bounds building permit before the Planning Commission for consideration during the next regularly scheduled meeting. It was the general consensus of the Planning Commission that the item of business be advertised for a public hearing with the Board of Adjustment on March 27, 1996. REQUEST TO APPROVE BUILDING PERMITS: Auto Glass and Framing Shop to be located at 2500 T.P. White Drive. City Engineer Reel related that this property is the north end of the Buford Latta property which was recently rezoned C-2. He stated that the petitioner, Mr. Andy West has requested a 10 ft. side yard to accommodate his apartment parking. Mr. West stated that a 5 ft. side yard variance would better accommodate his parking needs with regard to the 40' by 100' proposed construction. After further discussion the following motion was made: Commissioner Elliott moved, seconded by Commissioner Perry that the building permit request be approved contingent on either a sideyard waiver being granted from the Board of Adjustment or the proposed construction be redrawn to meet with required sideyard code of 15 ft. MOTION CARRIED. REQUEST TO APPROVE PLATS: Replat part of Plot 7 Little Rock Air Force Base Main Gate Development Area to be known as Plot 7-A. City Engineer Reel addressed the item of business. He related that Taco Bell is presently negotiating to buy the property which is owned by the Dupree Company and is where the South Side Body Shop is presently located. He related that it can be handled as a staff matter according to code. The plat of the property was reviewed by the Planning Commission. Commissioner Elliott moved, seconded by Commissioner Dornblaser to approve the replat part of Plot 7 Little Rock Air Force Base Main Gate Development Area as submitted. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Chairman Gray asked that the designation of the letter F be changed to the letter A, explaining that traditionally the letter F has been used as a flood designation by the Planning Commission. Discussion ensued as to the requirements of the County Clerks Office with regard to recordation of the plot plan. Chairman Gray related that a transfer of land ownership would also need to be approved. At this time the MOTION CARRIED. Chairman Gray entertained a motion for an understanding of recordation regarding ownership and land transfer by the Dupree Company. Commissioner Dornblaser moved, seconded by Commissioner Elliott to approve a land transfer of ownership for the purpose of recordation. MOTION CARRIED. PRESENTATION: Proposed Planning Commission role in the Department of Economic Development by Mr. Phil Sullivan. Mr. Sullivan referred to his handout which outlined the proposed role by the Planning Commission as follows: 1. Initiate Traffic Flow Planning for Downtown. 2. With OED, Owners, Define Architectural Theme for Downtown. 3. With City, Parks, Develop/Implement Design and Zoning Standards. 4. With Owners, City Create Incentives for Downtown Development. 5. With City, Implement Policies to Insure Safe Pedestrian & Vehicle Movement. 6. With City, Develop/Implement Crosswalk Signalization Policy. Chairman Gray related to the Downtown efforts and expressed that as a Planning Commission body they would not back up from their responsibility in that regard. Commissioner Dornblaser questioned how the Planning Commission can contribute, unless an overall traffic development plan is submitted and reviewed. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Mr. Sullivan responded by saying that he would refer to TIP, the Transportation Improvement Plan and the Street Plan currently used which designates major arterials, feeder streets, and looks at the long range plan. He stated that the development in the Downtown area needs to be consistent with those plans, or those plans need to be consistent with the development. He related that when business comes before the Planning Commission that one of the questions for consideration should be "How does this fit the traffic flow?" He referred mainly to the consistency of the master street plan with consideration for the possible construction of an overpass and how that would effect the master street plan as well as the downtown development. Commissioner Elliott moved, seconded by Commissioner Dornblaser to pledge support and to carry out responsibilities for the improvements as suggested. MOTION CARRIED. Chairman Gray asked that Mr. Sullivan attend the next regularly scheduled Planning Commission meeting to elaborate on the details and formulate an action plan. Metro-Plan "Areas of Responsibility" by Richard Magee Mr. Magee related that he has discussed some of the changes in zoning regulations with Chairman Gray. Mr. Magee stated that his understanding is that conditional use has been modified and being handled by the Board of Adjustment rather than the Planning Commission according to Jacksonville Municipal Code. He said he would like to generally discuss roles for the Board of Adjustment and Planning Commission. He stated that the Planning Commission has the authority, under state law and by City Council approval, to provide recommendations to the Council and hold public hearings on the creation of regulations regarding zoning. He added that the Planning Commission is charged with the responsibility to see that those regulations are enforced. He said that the Board of Adjustment is created by state law to hear appeals, which are asking for a waiver (sometimes termed a variance) from the strict requirements of the zoning ordinance. He stated that his understanding of the Jacksonville zoning ordinance is that conditional uses are sent to the Board of Adjustment. He questioned if the role of the Board of Adjustment at this point was to make a determination regarding a requirement concerning conditional use or if the Board of Adjustment is conditioning the use? He asked for clarification regarding conditional uses and the Board of Adjustment. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Commissioner Dornblaser commented that it began with issues of revitalization of the downtown areas, explaining that the Planning Commission did not feel comfortable rezoning those areas because of the permanency attached and the loss of permitted control once it is permanently re-zoned. He explained that if a desirable business leaves then under the same zoning, a less desirable business can start without needing permission. He stated that conditional uses were the consideration, which would require future businesses to seek approval from the Planning Commission. Chairman Gray pointed out that if the land is rezoned it can be used for anything falling under that zoning whereas if a building is permitted a conditional use it would require future consideration. Discussion ensued regarding special conditions attached to a conditional use regulated by the Board of Adjustment. Mr. Magee pointed out that if the zoning ordinance allows for a conditional use and the Board of Adjustment places further restrictions on that use then the Board is placing more restrictions than what the ordinance allows. Adding that it then becomes a matter of not granting a variance, which is a waiver from the requirements, but a matter of placing more restrictions on a conditional use. Commissioner Patton related that the Board of Adjustment now allows property to be used for a specific use under conditional uses. Mr. Magee related that only the Planning Commission is authorized to determine uses. He said that state law specifically says a Board of Adjustment cannot variance a use. As the discussion developed, Mr. Magee explained that conditional uses are outlined in the zoning ordinance, so the Board of Adjustment cannot variance those uses because the Planning Commission has already determined by its permission through the ordinance that it is a "permitted" conditional use. The Planning Commission in essence is stating, "Yes, we allow these as conditional uses". He went on to say that once the Planning Commission makes that determination they can go on to place certain restrictions on that use - such as time, etc. At this point the Board of Adjustment would be the body to address variances from those restrictions of the zone in which the conditional use is located, however, the request for a waiver would have to be something specifically tied to the land and for whatever reason that the petitioner could not meet that requirement. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Commissioner Dornblaser questioned, "If under the conditional use it did not meet the proper setback requirements, then the conditional use is granted by the Planning Commission; but the Board of Adjustment actually takes care of the variance from the setbacks?" Mr. Magee confirmed this and explained that this is because the zoning ordinance is strictly tied to the parcel itself, adding that when something goes before the Board of Adjustment petitioners are asking for waivers from zoning requirements tied to the parcel of land. Commissioner Elliott related that the Planning Commission was the body to previously approve conditional uses, however, they came to the assumption that conditional uses should go before the Board of Adjustment. In response to a question posed by City Attorney Bamburg, Mr. Magee related that under state law the Board of Adjustment does not have the authority to grant a variance (a waiver) from a use that is not permitted by the City's ordinance. City Attorney Bamburg stated that in the use of "conditional use" circumstances the ordinance is set up having permitted uses and conditional uses under each zoning and that when an individual seeks a rezoning, for example C-2, those uses are labeled under a permitted use section adding that any conditional uses, as we have been acting, have to be approved by the Board of Adjustment. The Board of Adjustment looks down the list of conditional uses under C-2 zoning and makes a determination if that business or operation is under one of those classifications; if it is and the Board feels appropriate they issue the approval and whatever restrictions (if any). He asked if Mr. Magee means to say that the Board of Adjustment is not involved at this point and that the Planning Commission should make that determination when the property is rezoned. Mr. Magee responded, "Yes, and when you just said that the Board of Adjustment can apply restrictions; that's not true. The Board of Adjustment can only act on a waiver from the requirements of the regulations, unless there is something specific to the hardship issue of that particular parcel and for some reason they cannot meet the requirements of it." Mr. Magee asked, "With regard to the conditional uses, what are they going before the Board of Adjustment for?" CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. City Attorney Bamburg responded, "To obtain permission to use it in that conditional manner." Mr. Magee related that the whole purpose of the Board of Adjustment is to appeal (variance, waiver) from the requirements of the regulations. Asking what are they appealing or asking a waiver from? City Attorney Bamburg responded saying that they would be seeking a waiver from the permitted uses, which are allowed by an overall rezoning from the Planning Commission. Mr. Magee related that the Planning Commission has already determined that those are "permitted conditional uses". Board of Adjustment Commissioner Mr. Larry Baldwin cited the following example, explaining that the Board of Adjustment has just dealt with a case where a petitioner wanted to operate a business replacing windshields on automobiles and that the conditional use for that area specifically stated auto repair, so the petitioner sought a variance through the Board of Adjustment. Chairman Gray questioned that if the Planning Commission has worked through zoning classifications and real estate is bought that has a C-1 classification; they automatically know that anything in the permitted uses is ok and if they desire a conditional use then they would come before the Planning Commission and state that they would like to have a conditional use which is classified under this zone at which time the Planning Commission would need to handle the item of business in public forum? Mr. Magee confirmed, adding that they are not asking for a variance but a conditional use, which is saying that it may have certain characteristics that require a more strict review of it. He cited the request from Taco Bell explaining that the Planning Commission may, under a conditional use, want to take a closer look at it to determine if it may generate more traffic than a traditional use within that zone, which would require looking closer at the design of the driveway access or the amount of square footage to be allowed. Discussion ensued as to how the meeting for a conditional use would be set up. It was related that it would be handled in the same manner as any public hearing adding that if so required by the ordinance a fifty dollar advertising fee would be collected and advertised 15 days before the public hearing would be conducted. The time factor was discussed and it was acknowledged that if the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. item of business is received within proper advertising time it could be scheduled at the next Planning Commission meeting as a public hearing rather than a request to set the public hearing. Commissioner Hardwick cited an example where he was approached regarding a mortgage re-financing for a home located in a C-1 zoned area. He stated that he was unable to accommodate the customer because the bank could not be guaranteed that if the home burned the City would allow that type of re-construction. Mr. Magee concurred stating that the assumption was correct adding that the Planning Commission would need to look at the "Land Use Plan" before making that determination and if it allowed for a conditional use the body would still need to decide if it would be temporary or permanent. Discussion centered around homes in the downtown area with regard to revitalization, which may not want to consider rehab if they are commercially zoned. Commissioner Dornblaser asked that if the Planning Commission is the proper body to deal with conditional uses, can they consider a previous agenda item for business tonight? Mr. Magee stated that after an agenda item passed cannot be picked back up for another decision. In response to a question posed by Commissioner Elliott, Mr. Magee clarified that it is not a state law that a conditional use item be conducted as a public hearing. He stated that it would depend on how a city's code addresses that issue. He went on to say that many cities will hold public hearings, without the formal announcement of a request to set public hearing, if advertising material is received in time for proper advertising. Chairman Gray proposed that the commission consider items of business received within proper advertising time as being set for public hearing for the next regularly scheduled meeting. Commissioner Elliott asked for clarification regarding necessity for a public hearing concerning conditional use. Commissioner Dornblaser offered that if conditional uses were approved with a public hearing and then approved by the City Council he felt a public hearing was not necessary. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Commissioner Elliott related that the Planning Commission previously acted on conditional use without a public hearing. City Engineer Reel pointed out that the Jacksonville Municipal Code on page 267 determined that conditional uses shall be approved by the Board of Adjustment and said usages are limited to those usages designated as possible conditional uses in each zoning classification. Chairman Gray related that it was designated as such by the Planning Commission and not state law. Mr. Magee related that the only time a conditional use would go before the Board of Adjustment would be if the petitioner was asking for relief from the zoning ordinance due to a hardship that could not be met, which would be considered a variance and not a conditional use. He stated that the Board of Adjustment does not have the authority to administer use. He further explained that the Board of Adjustment authority is strictly zoning issues. He then related that matters dealing with a conflict between subdivision regulations and plat zoning would need to be heard by the Board of Adjustment for their determination before the subdivision is acted upon by the Planning Commission. Other discussion centered around verbiage in the Municipal Code Book and it was questioned whether the Board of Adjustment could not impose conditions in granting a variance. Mr. Magee stated that unless it was tied to the parcel i.e. some reason the Board felt it necessary to impose some requirement for the petitioner to meet upon the variance being granted. Commissioner Dornblaser moved, in that M-2 gives the authority under conditional uses for a C-2 use, relating to the request by Mr. J.C. James, that the Planning Commission grant that conditional use tonight without a public hearing. The motion did not receive a second. Commissioner Elliott requested clarification regarding state law, quoting he read "The Board shall not permit as a variance any use in a zone that is not permitted under the ordinance". He questioned that if the Board of Adjustment cannot address the use, "why is that statement on the law books?" Mr. Magee pointed out that the law was written to cover cities who did not by ordinance specifically list their own conditional uses. It protects cities from a petitioner requesting a variance for a CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. land use when it is not specifically granted by ordinance. He added that currently cities have moved away from the practice of not listing all their conditional uses. He went on to say that the quote refers to a situation where petitioners would ask the Board of Adjustment to grant a variance for a land use which was not allowed by ordinance under permitted uses or conditional use. He stated that while the Planning Commission has the authority to have the Board of Adjustment determine conditional uses, the Board of Adjustment cannot variance a use; which can become very fuzzy and cloudy when dealing with a number of people. He reiterated that the Board of Adjustment is an appeal, as a relief from the regulations, not to add requirements but as a relief from. In response to a question posed by City Attorney Bamburg, Mr. Magee related that a conditional use is not a variance, a variance is a relief from regulations of the ordinance. He went on to say that a conditional use is a permitted use with conditions, which means the Planning Commission may or may not attach any conditions but requires a closer review. He related that when conditional uses are designated by the Planning Commission it is saying that they have determined that due to certain characteristics those uses need a closer review on a case by case basis; citing that 90% of the time those uses may be fine but there is the possibility some uses may have a real impact on that property or the adjacent property owners thus it is set by ordinance as a conditional use. Mr. Magee clarified by saying that permitted use requires no review by the Planning Commission as opposed to conditional use, which can be denied by the Planning Commission and is not for appeal by the Board of Adjustment. Mr. Magee stated that a goal by the city would be to have very limited conditional uses versus expansive conditional uses. He said that the Board of Adjustment should not consider the "use" of land except with regard to whether the petitioner can meet the regulation requirements such as setbacks, lot-area requirements, building height, or specifics to that parcel of land. Discussion revealed that according to the City's ordinance the Planning Commission cannot rule on the previous item of business dealing with the requested conditional use in an M-2 zoned area. However, it was also disclosed that traditionally and generally the Board of Adjustment is the body to hold authority regarding the dimensional requirements listed in chart 18.68.050 of the Jacksonville Municipal Code Book on page 304. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 11, 1996 7:00 P.M. - 9:05 P.M. Chairman Gray remarked that the City ordinance may need to be re-submitted for compliance with what other cities are doing. Discussion ensued as to these changes and suggestions were requested for the next regularly scheduled Planning Commission meeting. City Attorney Bamburg requested that before any suggested changes be made, that he be allowed to research the matter thoroughly to prevent any back and forth changes in the future. He said he would furnish material for consideration at the next meeting, adding that the commission may feel it necessary to schedule a special meeting to address these changes before submittal to the City Council. Commissioner Dornblaser requested an update with regard to Planning Commission authority governing development issues in new subdivisions such as the size of houses to be built. Mr. Magee related that it could only be regulated through a minimum requirement listed in the zoning ordinance. After some discussion, Chairman Gray clarified that by ordinance Mr. J.C. James request is a reference item for the Board of Adjustment. Discussion ensued regarding advertising time and other considerations for expenditure of business matters in the future. Chairman Gray invited the Board of Adjustment members to participate in the consideration process for ordinance changes. Chairman Gray thanked Mr. Magee for attending the meeting and invited him to attend the next regularly scheduled Planning Commission meeting. ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 9:05 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER