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06 OCT 09.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in Regular Session on October 9, 2006. Chairman Stroud opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Emma Knight, Bart Gray, Jr., Glen Keaton, Mike Traylor, and John Herbold answered ROLL CALL. Chairman Stroud also answered ROLL CALL and declared a quorum. Commissioner Evans arrived at approximately 7:24 p.m. PRESENT (8), ABSENT (0). One seat open. Others present for the meeting were City Engineer Whisker, Tommy Bond, Alderman Terry Sansing, petitioners and press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Knight moved, seconded by Commissioner Traylor that the minutes of 11 September 2006 Regular Planning Commission meeting be approved as presented. MOTION CARRIED. PUBLIC HEARING(S): REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT Woodside Subdivision Chairman Stroud stated that the petitioner has withdrawn submission of the plat from the agenda. b. SKETCH PLAT Red Fox Lane Mr. Bond related that the property has been before the Commission on several different occasions, explaining that the property consists of 3 acres on Red Fox Lane. He stated that the petitioner is proposing to subdivide the property into two lots for residential development. He stated that the road is being proposed as previously discussed, building a 27’ back-to-back street with a 97’ radius culdesac. He noted that the property already has water and sewer. City Engineer Whisker stated that he would request an easement from Northeastern to the eastern side of this property. In response to a question posed by City Engineer Whisker, Mr. Bond stated that he believes the petitioner is proposing to make the street public up to the lot. He stated that there was a right-of-way easement agreement with the Johnsons, adding that he presumes the same people will allow for making a public street. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. City Engineer Whisker clarified and Mr. Bond agreed, that the easement would be for 27’ on this property but not all the way back to Northeastern. He stated that he is looking for an easement leading to the property from Northeastern. Commissioner Gray stated that a dedicated easement would need to be granted by the six property owners on the street to provide access for a public street. Commissioner Brannen moved, seconded by Commissioner Gray to accept the Sketch Plat subject to proper easements as requested by City Engineer Whisker. MOTION CARRIED. BUILDING PERMITS: GENERAL: Land Use Plan Chairman Stroud stated that discussion of the Land Use Plan is being proposed to clarify issues regarding zoning and land use. Commissioner Gray stated the need as a Commission for clarification regarding the Land Use Map and its purpose. He explained his experience working with land use as an overall general plan that the Planning Commission, City Council and community hold with a great deal of forethought as to how the community is to grow. He added that periodically the plan needs to be reevaluated and reaffirmed or changed. He stated that the Land Use Plan is a general direction with the specifics laid out in zoning. He voiced concerns for zoning changes that conflict within the Land Use Plan. He stated that the sanctity of the Land Use Plan needs to be either upheld or declared not an issue for concern. He stated the need to possibly fine-tune the Land Use Plan regarding zoning changes. He stated that a request to rezone in a land use area that does not support that zone would be held in arbitrary and the Planning Commission may not even want to consider such a request until the entire Land Use Plan is reevaluated. He stated that the Planning Commission needs to have affirmation of a Land Use Plan that they would be willing to hold strong to regarding request to rezone. Chairman Stroud noted that in 2003 and 2004 request to rezone outside the intended land use were denied, adding that in 2005 there was a request to rezone from agricultural to commercial regarding property being annexed into the City. He stated that as a whole he feels the Planning Commission has held firm to the Land Use Plan. He stated that the recent request to rezone from industrial to Residential was beyond the scope of what the 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. Planning Commission could even broach. He stated that there is property in the general area that he feels would be beneficial to be rezoned to commercial and provide a buffer between the industrial and the residential area. Commissioner Brannen agreed with Commissioner Gray, saying that he feels the present Land Use Plan should be reaffirmed. City Engineer Whisker displayed the Land Use map, noting that the Land Use Plan is actually a written document. He stated that the written document would be placed on the Internet under the City of Jacksonville Planning Commission section. He stated that the Comprehensive Development Plan includes Parks, Water and Wastewater. He then noted that on the Land Use Plan map the area in blue is the Flood Plain area and is not considered residential, commercial or industrial. He raised questions of how the Commission may want to designate the Flood Plain and the Flood Way, explaining that the Flood Way is a very critical area that cannot be touched. He added that the Flood Plain can be used somewhat for development so long as there are flooding issues addressed with fill and other considerations. He then raised questions regarding the designated industrial property on the Land Use Plan and possible considerations for change. Commissioner Brannen issued concerns for building in the Flood Plain and considerations for allowing more flooding in surrounding areas. He cited future plans for development in the bean field. City Engineer Whisker noted that areas with flooding issues are closely evaluated to determine how much of the property can be developed using lakes or retention ponds to prevent flooding downstream. Commissioner Gray suggested that the flood plain and flood way be shown as a different map without consideration to the zoning. Commissioner Brannen stated that there is an ordinance that states that certain items that are in the flood zone must be designated as in the flood zone. City Engineer Whisker stated that provisions for the flood zones would be enforced regardless of whether it is shown on the zoning map. Discussion ensued regarding the flood plan and flood way not being designated as a land use. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. Chairman Stroud noted that 90% of the flood plain and flood way are adjacent to residential zoning. Commissioner Gray suggested that the flood way be shown on the map with no zoning designation or used as an overlay to the Land Use Plan map. City Engineer Whisker agreed that the best way to show the flood areas would be with an overlay to the Land Use Plan map. Discussion ensued as to the best designation for the flood plain and flood way given its approximation to adjacent zoning. Commissioner Brannen noted the importance of being able to determine lots requiring flood insurance. He explained the practice of using an “F” designation to determine lots within the flood plain. City Engineer Whisker stated that it would still be a requirement regarding plat submittal. It was noted that the largest part of the flood plain and flood way included on the map is outside the City limits but the map does not totally encompass the entire Jacksonville planning jurisdiction. It was further noted that a 10-acre tract on the other side of Jack’s Bayou is commercial but may not be shown as commercial on the Land Use Plan map. City Engineer Whisker stated that any rezoning should match the Land Use Plan. He then offered to remove the blue areas of the map and have the proper land use as was brought in to the City for consideration of change. Chairman Stroud reminded the Commission that residential and industrial needs to have a buffer. City Engineer Whisker offered to have new maps available for the next regularly scheduled meeting. Commissioner Gray stated that the request which sparked this discussion was rezoning a part of manufacturing for residential, adding that he has served on several committees charged with locating additional land for industrial development. He stated that the land in question has not been used in many years and with a productive use such as residential being somewhat of an 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. industry, would the community best be served in that use. He stated that this needs to be discussed in a public format and an informed recommendation forwarded to the City Council. Mr. Bond stated that the best land the City has to offer has been set aside for industry, noting that this land is located in the heart of the City. He related that the land has been set-aside since 1948, and the City has not been very successful at having industry relocate to that area. He stated that he feels it is time for the City to think about better utilizing that property rather than have it remain vacant. He added that it should be considered for residential development because it is in the heart of the City and other lands on the periphery should be considered for industrial property. He stated that resources should be turned toward that property for industrial. Chairman Stroud questioned when the land was given to the City, if one of the stipulations from Vertac was that the land not be used as residential. City Attorney Bamburg clarified that the property known as the old Vertac property cannot be used as residential, adding that it is limited to heavy commercial and industrial. Chairman Stroud stated that he would like to see the area designated as commercial to provide a buffer for the adjacent residential. He then noted that if the City were able to attract industry he does not know of any areas on the peripheral that could accommodate the relocation of industry. He continued that be believes the area should remain mostly industrial with some surrounding commercial. He stated that as an optimist he believes the City will attract industry, adding that he believes Jacksonville is on the verge of being able to attract new industry. Commissioner Gray suggested that the Planning Commission invite informed citizens such as Preston Robinson who has made major investments in the area recently and other owners of manufacturing plants. He stated that these people represent industry jobs and have a need to be protected and represented. He suggested an open forum for discussion. Chairman Stroud stated that the agenda is advertised and the item would be listed on the agenda as a general discussion item. He stated that he would like to see the discussion remain in general with open discussion. He asked that the Commission review the 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 9, 2006 7:00 P.M. 7:45 P.M. Land Use Plan data when it becomes available on the Internet and be prepared to discuss the issues at the next regularly scheduled Planning Commission meeting. City Engineer Whisker stated that prior to additional discussion he plans to provide a map that would remove the flood plain areas and have the appropriate land uses added for clarification. He then added that he would find some cross section representative of the industrial area to offer their input. He stated that he would begin pulling those issues together for discussion within the next couple of Planning Commission meetings. Chairman Stroud offered to invite a representative from Metroplan to attend those meetings. Commissioner Herbold suggested that specific areas be addressed prior to attempting to address entire issues and inviting the various sectors that would represent those areas. Commissioner Gray stated that once the Planning Commission forms changes it would need to be opened up for a public hearing prior to forwarding those recommendations to the City Council. In response to a question posed by Chairman Stroud, City Engineer Whisker referred to a recent newspaper article supplied to the Planning Commission involving zero lot-line developments. He pointed out that Maumelle is looking at similar zero lot-line developments. He mentioned other cities looking at incorporating those types of developments within their cities. ADJOURNMENT: Chairman Stroud without objection adjourned the meeting at approximately 7:45 p.m. Respectfully submitted, _________________________ Susan L. Davitt 6