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91 DEC 9.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING December 9, 1991 7:30 P.M. - 8:30 P.M. OPENING REMARKS: Chairman Bart Gray Jr. opened the meeting and requested ROLL CALL. ROLL CALL: Commissioners: James Davis, Jim Dornblaser, Mark Goodsell, Tad Green, Paul Payne, Kenny Elliott and Bart Gray Jr., Chairman, were present. Commissioner John Herbold was absent. PRESENT eight (8). ABSENT (1). Chairman Gray declared a quorum. Others in attendance for the meeting were City Engineer Duane Reel, Park & Rec Director Annabelle Davis, Chairman of the Park & Rec Commission Robert Stroud, Park & Rec Commissioner Pat Bond, petitioner Byron McKimmey and interested citizens. PUBLIC HEARING: 7:30 P.M. PETITIONER: BYRON McKIMMEY REQUEST TO REZONE FROM R-1 TO M-1 / Part of NW1/4, SE1/4, Sec. 25 T-3-N, R-11-W, Adjacent to Dupree Park (Petitioner: Kiehl- Holiday Properties, Inc. ) Chairman Gray opened the public hearing at approximately 7:35 P.M. He requested that those in favor of the rezoning make their presentation to the Planning Commission. Representative Mike Wilson spoke for the petitioner of the rezoning as listed above. He explained the location of the property and pointed out that access to the property is through Dupree Park on a public street. He noted that the present zoning is R-1, that it does not fit residential use of any kind and that the owners propose to request that the property be rezoned for reasonable commercial or light industrial use such that would not cause heavy trucks or excessive amounts of traffic on the park road. He said that there has been a proposal to the Parks Department to swap out some of the proposed access because the drive to Dupree Lake crosses the property owned by the petitioners requesting the rezoning. He pointed out that there is limited use of the property due to the elevation of it; that the property is low-lying and will have to be filled in at considerable expense and that there is approximately 13 acres requested to be rezoned. He voiced that some reasonable use of the property should be permitted in that R-1 is not conducive to the use of the parcel. Chairman of the Park & Rec Commission Robert Stroud voiced that the Commission is opposed to the rezoning. He noted that the Commission is concerned about the intent of the developer in that CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING December 9, 1991 7:30 P.M. - 8:30 P.M. there is a safety factor for park participants noting that van- dalism is a problem now in the park area and could increase if particular commercial or industrial development occurs. He said that the Commission is in the process of redesigning the entrance to the park and that a gate at the entrance is being given con- sideration. He voiced that the Park & Rec Commission would not be opposed to buying the property at a reasonable amount. He said as representative of the citizens of Jacksonville, he feels that Dupree Park is the major park in the city and anything that might take away from that will be a detriment to the citi- zens of the city. He pointed out that it is not feasible that access through the park to the property requested to be rezoned be granted at this time. City Engineer Reel said that at present the road under discussion which goes through Dupree Park is owned and maintained by the Parks Department and that it is not built to any specific stan- dards for carrying residential or industrial traffic. Mr. McKimmey related to the Commission that he was told the road had been in existence for years when the property was purchased from Mr. Schmidt. Mr. Wilson reminded the Commission that in the past rezonings have been approved allowing fencing and screening construction as a buffer and suggested that such might be given consideration in this request. He pointed out that the request is for light industrial and that he was not aware of definite plans by the developer at this point. Park & Rec Director Annabelle Davis related that there was activ- ity regarding the property between the owners and the Parks Department in 1988 but that no agreement was reached at that time with regard to a land purchase or swap. It was pointed out by Chairman Gray that no residential construc- tion is allowed in M-1 zoned areas. The effect of commercial or industrial traffic with regard to housing in the area was discussed. Mr. Stroud voiced that the Park Commission would give considera- tion to buying the parcel at a reasonable price. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING December 9, 1991 7:30 P.M. - 8:30 P.M. Concerns were expressed by Commissioner Elliott regarding access to the parcel through the park and the possibility of a buffer with regard to residential housing in the area as well as safety for park participants. Mr. Wilson voiced that Highway Commercial was the most appro- priate zoning for the parcel under discussion. The legality of construction of a gate was posed. City Engineer Reel pointed out that the width of the street in the adjoining subdivision, where twenty-four residences exist on a culdesac, is twenty-seven feet as a discussion ensued with regard to traffic for a commercial or industrial area. Chairman Gray made the Commission aware that in the event the request was denied, it could not be brought before the body for requested rezoning for one year. Regulations for vehicles allowed in the park was pointed out. The discussion continued until approximately 8:10 p.m. at which time Chairman Gray closed the public hearing. The Commissioners discussed the options before them; to approve the rezoning with no clarification of access into the property, to allow access off a residential area which was determined not to be in the best interest of the city, to disapprove the rezon- ing and to table or postpone the rezoning indefinitely. Chairman Gray pointed out that the request for rezoning could be postponed until access to the parcel happens or that it could be turned down. Commissioner Elliott, Payne, Dornblaser, Davis and Piggee voiced concerns with regard to rezoning the parcel with no access, access through the park facility, safety of park participants if the proposed use of the land generates high density traffic and high density traffic in a residential area if access is allowed through the adjoining subdivision. The concerns were discussed at length. Chairman Gray called for a motion to be made and encouraged the Commission to come to some decision regarding a recommendation to the City Council regarding the request to rezone the parcel to highway commercial use. After much consideration, Commissioner Dornblaser moved, seconded by Mr. Tad Green that the request to rezone the parcel from R-1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING December 9, 1991 7:30 P.M. - 8:30 P.M. to Highway Commercial be tabled until some form of agreement can be worked out between the Jacksonville Parks and Recreation Commission and the petitioners, Kiehl-Holiday Properties, Inc., regarding legal access to the parcel so stated as Part of NW1/4, SE1/4, Sec. 25 T-3-N, R-11-W, adjacent to Dupree Park. ROLL CALL: Commissioners Goodsell, Green, Payne, Dornblaser, Piggee, Davis and Elliott voted AYE. NAY 0. MOTION CARRIED. Chairman Gray requested that there not be undue delay and that representatives of the request keep the Commission informed with regard to resolving the access to the parcel. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting of October 14, 1991 Commissioner Davis moved, seconded by Commissioner Piggee that the minutes of the November 12, 1991 Planning Commission Meeting be APPROVED. MOTION CARRIED. REQUESTS TO SET UP PUBLIC HEARINGS: A request was submitted at the meeting from Standard Auto Parts, Inc. with regard to rezoning a parcel legally described as Part of Lots 41, 42, and 43 of the West Jacksonville Subdivision # 1, City of Jacksonville, Pulaski County. Arkansas. A plat showing the location of the parcel was presented with the request and after viewing the same, Commissioner Elliott moved, seconded by Commissioner Piggee to set up a public hearing as requested, to be conducted at 7:15 p.m. during the Regular Plan- ning Commission meeting, to rezone the above legally described parcel from R-3 to C-2. MOTION CARRIED. Chairman Gray recommended that the regularly scheduled time of the Planning Commission Meeting be changed from 7:3c1 p.m. to 7:00 p.m. There were no objections from the Commission to said recommendation. It was requested that notification be sent to the media and that the Commissioners be called before the next regu- lar meeting. NON-AGENDA- LAND USE MAP Chairman Gray requested that the map as drawn up by Metroplan through the efforts of the Planning Commission be presented to the City Council far consideration at the first City Council Meeting in January. He pointed out that the Council would set the date and time of a public hearing with regard to approval of the map of the City of Jacksonville. By general consensus, the Commission approved the request. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING December 9, 1991 7:30 P.M. - 8:30 P.M. ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 8:30 p.m. Respectfully, ___________________________ Lu1a M. Leonard Planning Commission Secretary CITY CLERK-TREASURER