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00 NOV 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. OPENING REMARKS: Chairman Brannen opened the meeting at approximately 7:00 p.m. expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Bobby Lester, Bart Gray Jr., Lester Piggee, Dean Wilborn, and John Hardwick answered ROLL CALL. Chairman Brannen also answered ROLL CALL. PRESENT five (5), ABSENT (1). Others present for the meeting were City Engineer Whisker, Alderman Bill Howard, Attorney Will Bond, Patriot Reporter Peggy Koury, petitioners, and interested citizens. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Wilborn moved, seconded by Commissioner Piggee that the minutes of the 9 October 2000 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. PUBLIC HEARING(S) a. CONDITIONAL USE for an auto repair shop/lots 8, 9, 10, & 11, Block 6, Crestview Addition. Chairman Brannen opened the public hearing at approximately 7:06 p.m. Mr. Ben Rice explained that his client would like to operate an auto repair and tire service shop on the property located directly across the street from the First Presbyterian Church on Main Street. He stated that the auto service shop would be a well-recognized franchise and that the area would be good for this type of operation. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:10 p.m. Commissioner Lester moved, seconded by Commissioner Wilborn to grant a Conditional Use for the operation of an auto repair shop at lots 8, 9, 10 & 11, Block 6, Crestview Addition. Discussion ensued as to the request being granted either to the property owner or for a specified length of time. Mr. Rice related that he has an option to purchase the property on behalf of his client who wishes to be undisclosed, adding for that reason he would prefer it be granted on basis of time. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. Following clarification from City Attorney Bamburg regarding identity disclosure, the following motion was accepted. Commissioner Lester moved, seconded by Commissioner Wilborn to grant a Conditional Use for the operation of an auto repair shop at lots 8, 9, 10 & 11, Block 6, Crestview Addition and to amend the motion to include that the Conditional Use is granted to Mr. Ben Rice’s client. MOTION CARRIED. b. REZONING 10001 South Hwy 161 Chairman Brannen opened the public hearing at approximately 7:12 p.m. Representative Mr. David Richardson related that he is planning to purchase the property from Mr. Tommy Dupree, adding that he owns a business (Ingle Fence Co.) adjacent to the property requested for rezoning. He related that the 3.99 acres is proposed for rezoning from R-1 to C-3 for the development of mini warehouses. He pointed out that the adjacent property is outside the City limits. With no one to speak in opposition, Chairman Brannen closed the public hearing at approximately 7:15 p.m. Discussion ensued and it was determined that the land use map depicted the area to be commercial and that the property located behind the liquor store is vacant. In response to a question from Commissioner Hardwick, Mr. Richardson related that a portion of the property is adjacent to homes located on Homer Adkins Drive. City Engineer Whisker stated that the City does not have a problem with the rezoning, adding that the property is designated as commercial on the land use map. Commissioner Wilborn moved, seconded by Commissioner Piggee to approve the REZONING of property addressed 10001 South Highway 161 as requested. MOTION CARRIED. c. CONDITIONAL USE for a Recreational Facility/300 Ray Road Chairman Brannen opened the public hearing at approximately 7:18 p.m. Mr. Joseph Booker, president of the Mighty Vikings Youth Football Association, related that the property is zoned R-1. He then explained that the Football Association is a non- 2 profit youth CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. organization and the bylaws and tax I.D. are on file at the City Recreation Center. He stated that the 3.5 acre property was purchased a few years ago and is located in the “at risk” target area for kids. He said that a 16’ X 16’ building was built for concessions operation and to film the games, adding that it is only utilized from July through October. He stated that he was unaware that the organization needed a granted conditional use regarding a recreational facility when they started. He related that there are 110 boys and 30 girls in the program, which features approximately six games per season on Saturday morning from 9:00 a.m. to 2:00 p.m. He related that the facility is mainly used for practice on Monday, Tuesday, and Thursday, adding that it is open to anyone who would like to participate. He stated that the organization provides equipment for all kids in the program. Chairman Brannen closed the public hearing at approximately 7:20 p.m. City Engineer Whisker stated that it was brought to his attention that Mr. Booker would need a conditional use to continue operation as a recreational facility. He then stated that the organization works with the Parks Department and has “children at play” signs installed in the area. He stated that the change from daylight savings time prevents evening use of the facility because it does not have lighting. In response to a question from Commissioner Piggee regarding written wording of the request involving lighting, City Engineer Whisker related that the City is not responsible for lighting. Mr. Booker then explained that the association is requesting permission to use the lighting at Dupree Park for approximately three weeks to finish the season and that the association does pay for the lighting expense of that use. Discussion ensued as to the fall football schedule and the possibility of a spring softball session. Mr. Booker stated that anyone is welcome, adding that they maintain the field. Commissioner Piggee thanked the audience for its show of support regarding their community. Commissioner Piggee moved, seconded by Commissioner Wilborn to grant a conditional use of a Recreational Facility at 300 Ray Road amended to grant that conditional use to Mr. Joseph Booker. 3 MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. REQUEST TO APPROVE BUILDING PERMITS: 1807-C South Highway 161 proposed Beauty Shop Mrs. Annie Tucker related that she would like permission to move a building into the proposed location. She then related that the property is adjacent to the Shell Service Station at the Old Pic-n-Pac building across from the Crooked Hook Restaurant. City Engineer Whisker related that the location is part of the Pic-n-Pac property and that the proposed building meets with all setback requirements. He related that the building will be position so that the side of the business will face the street and the front will face parallel to Pic-n-Pac and is adjacent to the Shell Station. In response to a question posed by Chairman Brannen, Mrs. Tucker related that the proposed building for the location is four years old. Commissioner Gray questioned the site plan for the location, asking if the building is within the 50-ft setback requirement regarding Hwy 161. City Engineer Whisker stated that since the lot is deep the building would not be within 50-foot of Hwy 161 and reiterated that it is his impression that no variances will be needed. In response to a question from Chairman Brannen, Mrs. Tucker related that the foundation would be of peer and beam, adding that the building is 16’ X 24’ in dimension. She then related that she is the owner of the Pic-n-Pac store located at site. Commissioner Lester moved, seconded by Commissioner Wilborn to approve a building permit at 1807-C South Highway 161 for a proposed beauty shop. MOTION CARRIED. REQUEST TO APPROVE PLATS: REQUEST/STREET OR ALLEY CLOSING: GENERAL: Proposed Annexation of Oak Ridge Ranch Subdivision Attorney Will Bond related that the item has previously been presented to the Planning Commission regarding their input. He then stated that the proposed area to be annexed is owned by one entity. He related that he was aware of some concerned property owners in the area present. He related that the purpose of 4 addressing the Planning Commission is to offer an opportunity to CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. see the subdivision and the proposed plan for comment. He stated that it has been the intent to make everyone aware of plans and that he has talked with some of the property owners who are involved. He related that there is no effort to annex anyone who does not want to be included in the annexation, adding that he feels some property owners are more concerned about the development. He then mentioned that he thought the City Engineer may have concerns about street easement being shown in the development. He stated that the next step would be to go before the County Court after three weeks of published notice for the County Court to decide on the annexation. He stated that following a 30-day appeal period to the Circuit Court it would come before the City Council for a request of ordinance accepting the property into the City. He concluded saying that the proposed annexation has been brought before the Planning Commission on a couple of occasions to ensure that the Planning Commission input opportunity and receive tentative approval. He expressed that he was aware of concerns from area residents regarding the pump station location. City Engineer Whisker stated that two years ago the proposed annexation was before the Commission and there were concerns regarding water issues. He then stated that he is aware of concerns from area residents regarding street connections to Pridmore and that one resident had voiced to him that she felt she had not been contacted in a timely manner, adding that she felt that the flyer on the door was not enough. He stated that efforts have been on-going pending Cabot re-structuring their water system. Discussion ensued and it was noted that the Planning Commission has not fully approved the subdivision for development and is currently only considering the general layout of the land. City Engineer Whisker stated that the proposed annexation is very near the base area that has been annexed at the corner of Maddox and Pridmore. Commissioner Hardwick questioned the disposition of property owners in attendance regarding annexation consent. Ms. Linda Tucker of 801 Stirrup Place and Pridmore Road property owner, stated that one concern is that in the original formatted plan for surrounding properties it was proposed that the subdivision would have five acre lots and that the middle 5 section CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. a known easement, they anticipated that the road would lead into a culdesac of five acre lots. She then related that in the current proposal the possibility of 10 to 12 homes have been increased to 48 homes. She said that this is a substantially different proposal than what people bought into and that the question now seems to be some debate as to whether they want to be annexed. She added that the major issue is not the annexation but the development. She then related other concerns regarding developing an area that is a flood zone and the affect it is going to have for all the area properties. She related that based on recent information the annexation has been proposed for a couple of months, adding that she only found out Saturday, while other people were never contacted. She went on to say that there are residents on the other side of Pridmore that will not be annexed but will be affected by the traffic flow and will now be looking at a major road where it was once a wooded area. She stated that their concern is the change of the development, the affects of building in a flood zone, and location of the proposed pump station. She related that lot one has not been designated as to what will be developed there, questioning if it is going to be a pump station or something to be developed later. She stated that the area residents have many questions not necessarily dealing with the annexation but the property development. She then related that it was a surprise to see how much information has come before the Commission, yet the area property owners have not had any opportunity to hear how it was progressing or what was proposed. She stated that the residents on the easement where the road is going through have some concerns as to how that will affect their property even though they knew the easement was there, the developer has not been specific enough as to how it will develop. She concluded by saying, that if the Planning Commission starts now by saying yes and allowing the easement along with the annexation, our concerns are what kind of input will we have. In response Attorney Bond clarified, that the drawing as provided is proposing only the annexation of the property owned by one owner and not an attempt to annex anyone not wanting to be annexed. He related that they are in understanding of the concerns regarding the development. He then stated that they are unaware of a bill of assurance, problems, or restrictions that would hinder the development, but are not trying to sneak past anyone. He reiterated that the annexation will have to go before the County Court before going to the City Council for 6 property acceptance. He offered that the annexation matter could be reset before the Planning Commission before being offered to the City Council if preferred. He then stated that most of the concerns CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. regarding water, sewer, and flood plain issues have been addressed through the development along with any major concerns for traffic. He offered that the land is changing, which is natural and efforts are being made to provide information regarding the development. He related that it is unfortunate that the development is a disappointment to some area residents, which is the reason for bringing it to the Commission, to air out these concerns initially. Discussion ensued regarding tentative annexation approval from the Planning Commission as a single landowner, which might have lead to some of the mis-communication. Mr. Bond stated that the City did not have to be involved until after the matter goes before the County Judge, adding that it is being presented prematurely in an effort to inform every one of the plans to move forward. He added that he has offered his card to area residents and is trying to provide the information they want. Commissioner Gray acknowledged that it is a courtesy, adding that he believes the City Council would want a review by the Planning Commission prior to their taking action. He then stated that the Planning Commission will review several aspects, one being the annexation, however, he then pointed out that whether the property is annexed or not the Planning Commission would still be the overseeing body in the subdivision. He pointed out that the annexation issue is a matter of recommendation. In response to a question from Commissioner Piggee regarding development requirements, Commissioner Gray restated that if the property is not annexed, the County has an oversight into the subdivision development and the Planning Commission would have review the matter, but would analyze requirements also. He further clarified that as annexed property it falls within the purview of City ordinances regarding subdivision regulations overseen by the Planning Commission. He stated that there are advantages for the subdivision to be in the community and under the oversight and protection of community services, as would other area land owners. However, it may have zero difference or change in the ultimate intent of the land owner and how he subdivides his property. He suggested that the matter be brought back to the Planning Commission. 7 City Engineer Whisker reiterated that the subdivision will come back before the Planning Commission regarding design of roads, sewer, and water, adding that everyone is welcome to be present at those times to study the subdivision design. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. Mr. Ralph Pridmore of Pridmore Road stated that he would like to go on record as saying that he was not notified or given any information regarding the annexation. He questioned issues regarding the subdivision and the five-mile radius around the base. Commissioner Gray stated that the five-mile jurisdiction is currently in force and does not affect the annexation issue before the Commission tonight. He went on to say that the Air Installation Compatibility Use Zone in the overlay district extends beyond this land and will have no effective change in recent developments. In response to further questions from Mr. Pridmore, Commissioner Gray stated that the proposed development does not fall in the Clear Zone or Accident Potential Zones I or II, and is not affected by those zone requirements. Mr. Pridmore questioned if the land would be limited to the one house per acre. Commissioner Gray stated that to the best of his knowledge the property does not fall in that zone requirement. Mr. Pridmore then stated that his assumption was that the zones were directly behind a portion of his property on the opposite side of Pridmore Road and while it is not direct, it is still within a five-mile radius. Commissioner Gray agreed, pointing out that the most concentrated concerns are in the first three thousand feet off the runway being the clear zone, followed by a five thousand foot Accident Potential Zone I and then seven thousand feet further is Accident Potential Zone II. He clarified that the proposed annexation property does not fall within any of those areas. Commissioner Hardwick commented that the annexation would not change the requirements of whatever zone it is in, adding that those zones are based on the airstrip and lines from the end of the runway. He stated that in or out of the City the AICUZ requirements would be the same. 8 Mr. Pridmore stated that he understands it might not prevent the annexation, but it might prevent the number of dwellings permitted. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. Commissioner Hardwick and Commissioner Gray clarified that it would be the same requirement in or out of the City limits and that it would depend strictly on if the proposed property were located in one of the AICUZ zones. Stating that the property is already governed by the five-mile radius rule. Mr. Pridmore questioned if the fact that the property is in a flood area would be a consideration regarding the number of dwellings or would the Planning Commission look at the type of system to be constructed. Commissioner Gray stated that he would defer to the City Engineer on that issue, but added his information would be that if located in the City limits it would carry stricter concerns regarding drainage. City Engineer Whisker stated that development would have to be built one foot above the flood plain. Commissioner Gray related that the ultimate drainage plan becomes more of a concern as it relates to the City than it would outside the City. City Engineer Whisker stated building up the lots would force drainage more to the north and east where the flood plain is located. Mr. Pridmore said that when you build up those lots, water will turn back to property owners on both sides because it is a natural flood area where the water comes off Pridmore and goes across that property. He related that there have been past problems with the property perking. Chairman Brannen reminded everyone that annexation is the current discussion and that other considerations will be taken up later if the property is accepted by the City. Mr. Pridmore offered that he felt all information would enter into consideration for annexation. In response to a question from Commissioner Wilborn, City 9 Engineer Whisker stated that the proposed annexation area would include an entry into the subdivision from Pridmore Lane. Mr. Ron Lewis, a resident of the area, questioned the contiguous path to the City. He then stated that the only way it is contiguous is the Air Force Base property and the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. road easement that comes through the five acres on Maddox Road, unless the property owners on Maddox are involved in the annexation. He stated that otherwise it would be a pocket of 20 acres that is not going to be in the City and there would be a section of property that is in the City Limits. He questioned the intended meaning of “contiguous”, saying he thought it to mean beside or adjacent to. City Engineer Whisker clarified that by extending across Maddox Road from the Air Force Base right-of-way it is contiguous, meaning that the City limits continues without a break. He then said that it continues on one straight path never breaking from itself, starting with the Air Force Base at the southeast corner and going up around the land before coming back and touching Maddox Road again. Mr. Lewis mentioned contiguous as being a 20 to 30 foot section. City Engineer Whisker pointed out that it would cross Maddox Road. Mr. Lewis stated that it would not actually be adjacent to the City limits. City Engineer Whisker stated that the City limits is at the right-of-way on Maddox Road. Chairman Brannen asked that the item for discussion be brought back to the Planning Commission following a ruling by the County Judge. Mr. Bond explained the process and time span involved with County procedure and stated that they would be happy to come back after the County legal process and advertising considerations, before asking the City for an Ordinance accepting the property. NEW ZONING MAPS City Engineer Whisker asked that the Commission review the new zoning map regarding the changes in zoning designations of R-4, R-5, R-6, and R-7. He related that there are no R-5 zones, and 10 asked the Commission to consider placement of that zone in the City. He then related that some zonings changed to clean up inconsistencies. He pointed out the Stagecoach Subdivision, mentioning Wells Fargo and Stagecoach Park is zoned R-6 (manufactured housing) which has been changed along with CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 13, 2000 7:00 P.M. - 7:55 P.M. Linda Lane regarding two mobile homes that needed to be changed and also Carver Lane where there is a mobile home park that carried an R-1 zoning classification. He asked that the Commission be ready in December to designate R-5 (modular housing) zoning classification. He then mentioned consideration for other areas of annexation previously reviewed by the Planning Commission. Discussion ensued and Commissioner Hardwick stated that he was under the assumption that the property had been recommended to the City Council for annexation. It was then noted that firm legal descriptions of the property were only recently obtained and would be brought back for formal recommendation to the City Council. ADJOURNMENT: Chairman Brannen without objection adjourned the meeting at approximately 7:55 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary 11