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10 OCT 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. – 8:25 P.M. OPENING REMARKS: The Planning Commission of the City of Jacksonville, Arkansas met in regular session on October 11, 2010. Chairman Gray opened the meeting at approximately 7:00 p.m. expressing appreciation to those in attendance. ROLL CALL: Commissioners Art Brannen, Glen Keaton, Chad Young, Susan Dollar, Joe Ott, Eric McCleary, and Alderman Howard answered ROLL CALL. Chairman Gray declared a quorum. PRESENT (8), ABSENT (1). Others present for the meeting were City Engineer Jay Whisker, Mr. Brent Weeks, Mr. Dickie Penn, interested citizens, petitioners, and press. CORRECTION AND/OR APPROVAL OF MINUTES: Alderman Howard moved, seconded by Commissioner Keaton to approve the minutes of the regularly scheduled Planning Commission meeting of 13 September 2010 as presented. MOTION CARRIED. PUBLIC HEARING(S): Master Land Use Plan Chairman Gray opened the Public Hearing at approximately 7:03 p.m. City Engineer Jay Whisker reviewed a color-coded PowerPoint map of the proposed annex areas by use. He related that he has visited with several residents of the north and south annex areas regarding current uses of their property. He asked that members of the audience review the map and contact him with any desired changes, noting that it would be easier to change designated uses before being annexed rather than later if the property is annexed. Approximately six areas were noted of change in the northern area while there were no changes made to the southern proposed annex area. Mr. Roger Cruise addressed the Planning Commission stating that he is opposed to the annexation proposal, saying that most of the area is in the flood plain. He related issues regarding problem area flooding and drainage. Mr. Bob McCauley issued concerns for how the annexation would affect tax increases regarding property assessments. Chairman Gray explained that it would not automatically raise assessments on property. He offered that if anyone has a problem with the assessment of his or her property either now or after the proposed annexation they could contact the Board of Equalization. City Engineer Whisker explained in response to a question from Ms. Mary Peterman the process to have zoning changed now and after the annexation were it to pass. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. – 8:25 P.M. Mr. Larry Holman of 1814 Republican Road noted that half of his property is included in the proposed annex area and the other half is out. He requested that the 7.5-acre rule for being able to hunt be lowered to 5 acres. City Attorney Bamburg related that Section Eleven of the Ordinance was proposed and recommended by the Committee as 7.5 acres. He noted that there are provisions regarding permission from adjacent land owners. Mr. Mick Gray of T-square Paint Ball also issued concerns regarding acreage and being able to continue to operate his business as he is currently. City Engineer Whisker assured him that he could. Mr. Sonny Taylor stated that he lives just inside the City limits and has not had City sewer for 27 years. He questioned why the City would want to annex additional area when it has not provided utility services to all inside City residents. He related that he owns the mini storages across from the VFW, issuing concerns for higher taxes. He stated that the annexed area would not supply enough in tax collections to make of for the services those residents would require. Chairman Gray related that the zoning and land issues are the specific considerations before the Commission for this public hearing. Mr. Bobby Marshall of 6705 Peters Road stated that he owns just less than six acres, explaining that he raises Peacocks. He related problems with wild animals attacking his Peacocks, questioning if he would be in violation of the ordinance if he were to take action to protect his farm animals. City Attorney Bamburg stated that under the terms of Section Eleven of the ordinance he would not qualify, adding that unless the animal was going after or harming an individual or an endangered species he would not be able to take action to protect. Mr. Marshall stated that he feels that part of the Ordinance needs to be readdressed. He stated that there are wild animals in great numbers, noting that his property is adjacent to the Wetlands. City Attorney Bamburg related that the City Council would address adoption of the Ordinance on October 21st, offering that Mr. Marshall would have an opportunity to issue those concerns to the City Council at their meeting. He reiterated that the purpose of the public hearing with the Planning Commission is primarily to address the planning aspects of the terms of the ordinance. He then answered that he could only discharge a firearm if his property were 7.5 acres or more. Mr. Roger Cruise was reassured by City Engineer Whisker that he would be able to continue to operate his mobile home business. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. – 8:25 P.M. City Engineer Whisker than addressed a question from Ms. Janice Lewis of 5833 Hawkins Loop, he explained that current uses would be the established zone and would continue as such unless a rezoning were requested by the property owner. Chairman Gray explained that the Land Use Plan is the designation of how it is perceived that the community would develop in the future. Ms. Skee Grover 5917 Peters Road questioned the coding of the map, which shows the flood plain as commercial. City Engineer Whisker related that flood plain areas would be protected to keep it from flooding other residents, adding that there are existing flood plains in Jacksonville. He stated that the flood plain and floodway is set up with separate laws through FEMA and the zoning designation would not force development. Chairman Gray stated that as well as future growth it would offer protection for surrounding property owners. He stated that the zoning will not change what is allowable in a flood plain, but would offer more proper oversight if the owner chooses to develop. He then clarified a question from Ms. Tiny Burnett that there is a State law which freezes residential property taxes for residents over 65. He offered that the County assessor could help her with that law. In response to a question from Ms. Dee Pridmore of 5417 Pridmore Road, City Engineer Whisker stated that a piece of property could be sectioned and rezoned from agricultural to residential to accommodate a second home for her son. City Attorney Bamburg clarified that a specific request from City Engineer Whisker in the Ordinance under Section Thirteen omits the requirement of a minimum of 15’ from an accessory building to any other structure. He then noted that under Section Fifteen of the Ordinance it states, “Any accessory building built on more than three (3) acres will be exempted from the size and height requirement”. He explained that this would allow for barns or larger accessory buildings. Chairman Gray closed the public hearing at approximately 7:51 p.m. City Engineer Whisker asked the Commission to consider changing the Land Use Map to re-designate the area of Highway 161 through the new College area and down John Harden as mixed use. Chairman Gray ascertained with the Planning Commission members that the proposed Land Use Plan for the north and south annex areas with a generous mixed use is acceptable. Chairman Gray then noted that the additional mixed-use area would involve property in the City along North First Street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. – 8:25 P.M. City Engineer Whisker noted the current mixed uses of the area from Vandenburg going north on North First Street. He suggested that the area be considered for a mixed-use land use. Chairman Gray clarified that the zoning either residential or commercial would remain but the Land Use Map would depict the area as suitable for mixed use, allowing more readily for zoning changes if requested by a property owner. Commissioner Ott pointed out that the new development in the area has been residential while the commercial areas are preexisting. City Engineer Whisker pointed out the new development of commercial property on John Harden when the Highway Department completed the new off-ramp. Commissioner Ott stated that his concern would be protection of residential areas if commercial were allowed to be developed adjacent. City Engineer Whisker noted that most of that would be controlled by the subdivision bills of assurance. Commissioner Dollar moved, seconded by Commissioner Brannen to recommend to the City Council that the area from the boundary of the annexation through North First Street to Vandenburg be designated as mixed use on the Land Use Plan and the zoning and Land Use Plan of the proposed north and south annexations be accepted. MOTION CARRIED. REQUEST TO APPROVE PLAT(S): BUILDING PERMIT(S): a. Site approval for a mobile building at Intersection of T.P. White & James Street Chairman Gray noted that the item of business was tabled at the previous Planning Commission meeting and is now being presented for further consideration. Mr. Brent Weeks recalled that there had been reservation regarding traffic at the intersection. He related that the property is zoned commercial and has had commercial endeavors in the past and will eventually have one in the future by Mr. Friedman. He stated that in the interim he would like to locate his business on the property. He stated that he feels the Planning Commission may have concerns for the volume of traffic being similar to that of StarBucks, adding that he does not do near the volume of StarBucks. He related that there would be about six to eight maybe ten cars between 6:00 a.m. and 7:00 a.m. in the morning. He added that they are open from 6:00 a.m. to 6:00 p.m. He explained that there would be approximately 15 to 20 cars in the next four hours and then probably from 4:00 p.m. to 6:00 p.m. there might be 4 or 5 cars in total. He stated that it is a small business and there would not be a lot of traffic. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. – 8:25 P.M. He related that he has looked at traffic on sixteen separate occasions and did not see a problem with getting onto or off the site. City Engineer Whisker stated that both entrances are closer to the intersection than what would be ideal, adding that the one on James Street could not be moved anywhere on that Street and meet code. He stated that the on T.P. White the entrance would have to be twenty feet up from the wooden fence in order to meet code. He surmised that if this were a new complete development redesigning the access to meet code would be an important element. He stated that he has visited the site in the morning and afternoon; and was able to pull on and off without difficulty. He added that the intersection traffic does not back up enough except in the afternoon between 6:00 p.m. to 7:00 p.m. when traffic is either going to the hospital or getting on the freeway. Commissioner McCleary related that he had visited the site in the morning and afternoon, commenting that in the morning it may be a little congested but a vehicle can get on and off the site. He added that he does not feel the business will have a lot of traffic in the afternoon hours when people are getting off work. He stated that following his personal review of the site he would not be opposed to the request. Commissioner Young stated that both accesses are very close to the intersection and from a liability standpoint he feels they should require a “Right Turn Only” at the accesses. He related his feelings that the area is too close to negotiate a crossing over of traffic. Commissioner Keaton stated that while he is not as concerned with the T.P. White access, he does feel that the James Street access could benefit from a “Right Turn Only” sign. Commissioner Brannen stated he has observed that the traffic is very heavy during the hours of 4:00 p.m. and 5:00 p.m. Alderman Howard noted that considerations for this property has gone back as far as 2001, noting that Mr. Friedman had proposed to construct a realty office at that time and it was negotiated that there would be a fence at the rear property line. He stated that the office was never constructed but he would have preferred to have seen the office. Chairman Gray questioned if Alderman Howard felt that if approved for a temporary use, did he believe the agreement for the fence should be enforced at this time. Alderman Howard stated that he would agree that the fence could be waived until a permanent structure was established at the site. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. – 8:25 P.M. Commissioner Young added that he does feel that enforcement of the landscaping requirements should apply. Mr. Weeks agreed that the current site needs a good amount of landscaping consideration. He stated that he wants the site to look good. He then related that he had discussed landscaping with City Engineer Whisker who preferred skinny trees to the front of the property and he would also like to put something along the rear of the property to provide a green backdrop such as holly bushes. City Engineer Whisker stated that his recommendation was to plant the same trees used at the new library for the front of this property. In response to a question from Alderman Howard, Mr. Weeks responded that he has not signed a lease yet but Mr. Friedman has told him that it would only be for one or two years. He stated that he would like to remain on the property but he does not feel that will be likely. He commented that he would probably move his business to the other side of the freeway at the end of the lease. Commissioner Keaton moved, seconded by Commissioner Dollar to approve the site plan at the intersection of T.P. White and James Street with a “Right Turn Only” sign at the access on James Street with landscaping requirements overseen by City Engineer Whisker. MOTION CARRIED. b. Metes and bounds at 10009 South Highway 161 Petitioner Mr. John Pate was not present to represent item of business. Item was deferred until petitioner could be present. City Engineer Whisker responded to a question from Commissioner Keaton, that the property is actually two separate tracts on a metes and bounds at the corner of Homer Adkins and Hwy. 161. Chairman Gray noted that it could be requested to be platted as a one-lot subdivision. GENERAL: Revised bill of assurance St. James Place Mr. Dickie Penn related that previously the bill of assurance stated that the subdivision was to be governed by an improvement district, which turned out to be too costly and time prohibited. He is now proposing to establish a property owners association similar to Stonewall. He related that he was advised that the revised bill of assurance would need to be submitted to the Planning Commission. He pointed out that this would take care of maintaining the common areas. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 11, 2010 7:00 P.M. – 8:25 P.M. City Attorney Bamburg stated that the Planning Commission had previously approved the plan that included an improvement district, so he advised Mr. Penn to submit the revised bill of assurance switching from an improvement district to a property owners association. Mr. Penn assured the Planning Commission that this is the only change from what was previously approved. He went on to explain that there is a provision which allows for the establishment of an improvement district with 2/3rds of the property owners vote. Chairman Gray pointed out that in article two, section two regarding “additions to exiting property” it states that “additional lands or development may become subject to these covenants and restrictions in the following manner.” He then added that ultimately it does not have to, questioning if the reference includes the whole of the development. Mr. Penn concurred that it would include the whole of the development consisting 2.7 acres. Commissioner Young moved, seconded by Commissioner Keaton to accept the revised bill of assurance for the entire development of St. James Place. MOTION CARRIED. ANNOUNCEMENT: ADJOURNMENT: Chairman Gray without objection adjourned the meeting at approximately 8:25 p.m. Respectfully submitted, _________________________ Susan L. Davitt