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92 APR 13.docCITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING April 13, 1992 7:00 P.M.  7:55 P.M. OPENING REMARKS: Chairman Kenny Elliott opened the meeting and requested ROLL CALL. ROLL CALL: Commissioners: Art Brannen, Paul Payne, Jim Dornblaser, Bart Gray Jr., Frank Dowd and Chairman Kenny Elliott were present. PRESENT six (6). ABSENT (3). Chairman Elliott declared a quorum. Others in attendance for the meeting were City Engineer Duane Reel, Receptionist/Computer Technician of the Engineering Department Mylissa Founds, Acting Deputy Clerk Susan Goings, petitioners and interested citizens. APPROVAL AND/OR CORRECTION OF MINUTES: Regular Planning Commission Meeting of March 9, 1992 Commissioner Brannen moved, seconded by Commissioner Dowd that the minutes of the March 9, 1992 Planning Commission Meeting be APPROVED. MOTION CARRIED. REQUESTS TO SET UP PUBLIC HEARINGS: a. Petitioner: Tommy Dupree requests that a parcel located on Cloverdale Rd., adjacent to the New Sewer Treatment Plant be rezoned from R1 to R4 Commissioner Gray moved, seconded by Commissioner Brannen to set a public hearing for May 11, 1992, 7:00 p.m., regarding a re-quest made by Mr. Tommy Dupree to rezone a parcel located on Cloverdale Rd., adjacent to the New Sewer Treatment Plant from R-1 to R4. MOTION CARRIED. b. Petitioner: Tommy Dupree requests that a parcel (Gen. Loc. the northwest corner of James St. and Shannondoah) be rezoned from R3 to C3. City Engineer Reel commented that some property in the area of the parcel has been rezoned to C3 as a question was posed by Chairman Elliott regarding C4 zoning classification for the parcel requested to be rezoned. Commissioner Brannen moved, seconded by Commissioner Dowd to set a public hearing for May 11, 1992, 7:00 p.m., regarding a request, made by Mr. Tommy Dupree to rezone a parcel (Gen. Loc. the northwest corner of James St. and Shannondoah) from R3 to C3. MOTION CARRIED. REQUESTS TO APPROVE BUILDING PERMITS: No building permits were submitted. CITY 0F JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING April 13, 1992 7:00 P.M.  7:55 P.M. REQUEST TO APPROVE PLATS: REPLAT OF LOTS 6 THROUGH 17 BLOCK 1. EDGEWOOD SUBDIVISION City Engineer Reel said that the replat is consistent with the zoning where it is located, that utilities are in and that a water line will be relocated. A question was raised by Commissioner Brannen regarding a foundation on lot 14. City Engineer Reel said that it would be taken up. Commissioner Payne moved, seconded by Commissioner Dornblaser to approve the Replat of Lots 6 through 17, Block 1, Edgewood Subdivision. City Engineer Reel said that there is a sewer easement running between lots 5 and 6, adding that the two lots which face James and the three coming down Hospital will not change as far as lot size is concerned. Mr. Brannen mentioned a Bill of Assurance, which is valid until the year 2000 at which time it is to be reconsidered, as he eluded to the lots immediately behind the building originally constructed by Edgewood Realty. He related that in the Hill of Assurance removal of a building is required if the development of the subdivision materializes. Commissioner Payne stated that the first five lots are not included in the request before the Commission. Engineer Reel voiced that the first five lots will remain as originally platted; that lots six (6) through seventeen (17) will be replatted. At this time a vote was taken on the aforementioned motion: MOTION CARRIED. PUBLIC HEARING: OPENED AT 7:15 P.M. a. Petitioner: Kevin and Deborah Conroy request that the following parcels be rezoned from R0 and R4 to C3: addressed as 3032 South Hwy 161 (Moss Rock Nursery) and 3026 South Hwy 161. There were no negative comments regarding the rezoning of either parcel. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING April 13, 1992 7:00 P.M.  7:55 P.M. Commissioner Gray moved, seconded by Commissioner Dornblaser to approve the rezoning request of Kevin and Deborah Conroy for 3032 and 3026 South Hwy 161 from present zoning, R0 and R4 to C3. MOTION CARRIED. Chairman Elliott stated that the item will be considered by Ordinance by the City Council April 26, 1992 during the Regular City Council Meeting. b. Petitioner: Marlon and Angelita Polston request that a parcel located at 2519 Coffelt Rd. be rezoned from R0 to C3, Polston Used Cars. Questions were raised by Commissioner Brannen regarding other parcels in the general area of the Used Car business. A general discussion ensued during which it was pointed out that the present business has been there for quite a few years. Chairman Elliott pointed out that the requests are following the layout of the land use map recently adopted by the City of Jacksonville. Commissioner Payne moved seconded by Commissioner Dowd that the Request of Marlon and Angelita Polston for the rezoning of a parcel addressed as 2519 Coffelt Rd. be rezoned from R0 to C3. MOTION CARRIED. Chairman Elliott pointed out that the item will be considered by Ordinance by the City Council at the April 16, 1992 Regular City Council Meeting and encouraged the petitioners to attend. The following parcels were considered as one item. Commissioner Gray removed himself from the Commission as such to represent the rezoning requests of the next five petitioners. c. Petitioner: Marie H. Hackett requests that the following parcel be rezoned from R1 to C1 (Gen. Loc. 524 North First St.) d. Petitioner: James H. Hudson requests that the following parcel be rezoned from R2 to C1. (Gen. Loc. 512 No. First St.) e. Petitioner: John and Opal Mallett requests that their property addressed as 412 thru 424 North First St. be rezoned from R1 to C1. f. Petitioner: Robert A. Mallett requests that a parcel be zoned from R1 to C1. (Gen. Loc. 404 North First St.) CITY OF JACKNONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING April 13, 1992 7:00 P.M.  7:55 P.M. g. Petitioner: Edwin Harpole requests that Lot 1, Block 3, N E and Harry Harpole Addition. Jacksonville, Pulaski County, Arkansas be rezoned from R0 to C1. Mr. Gray pointed out that all lots requested to be rezoned are posted, noting that at the corner of Vine St. and Hwy 161 a sign is posted in error, that Lot 1, Block 4, Harry Harpole Addition, is not included in the rezoning request. Mr. Harley Jackson, 204 Brewer, that he had spoken with the resident located on Lot 1, Block 4 concerning the rezoning. He further related that the owner was unaware of the circumstances surrounding a rezoning sign placed on her property, relating that she would be in favor of the rezoning if the aforementioned property were also rezoned. Chairman Elliott pointed out that she could not at this time be added to the current rezoning request, that a formal request would have to be placed before the Planning Commission before they could review the matter. Mr. Elihu Bevill expressed opposition to the rezoning request. Mr. Joe Smith of 105 Braden addressed the Committee expressing concerns for the type of businesses permissible under the new rezoning. Chairman Elliott asked City Attorney Robert Hamburg to clarify what type of business is allowed in C1 zoned areas. City Attorney Bamburg read a varied list of businesses that could be operated under a C1 zoning from the Jacksonville Municipal Code Book. Mr. Gray spoke briefly on the intended use of Lots 11a & b as quiet businesses under the rezoning classification and that Mr. Jay Hudson's business would relate to art. Mr. Harley Jackson briefed the Commission on activity over the years with regard to the lots up for rezoning. He related that there is a lot of opposition to the rezoning and that he felt the, length of time advertising the requests had not been sufficient for the community to be prepared to give proper input at the public hearing. He also made negative comments regarding the work of the Commission with Metroplan and the negative impact the approval of the rezoning will have on the community. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING April 13, 1992 7:00 P.M.  7:55 P.M. Commissioner Dornblaser explained the position of the Commissioners relating to the fact that they do not receive a salary and that their greatest concern as commissioners is to do the best for the community as a whole. City Engineer Reel related that it had been approximately ten years since the land use map had been addressed and that the study and work of the Planning Commission and the Council covered approximately six months. He pointed out that the growth of the city is in the northeast section in the area up for rezoning. He noted that land use studies are recommended by Metroplan every ten years and brought to the attention of all present that Highway 161 will eventually become a fourlane thoroughfare. Chairman Elliott closed the public hearing at 7:50 p.m. Commissioner Dornblaser moved, seconded by Commissioner Payne that the rezoning requests as listed below be approved and recommended to the City Council for rezoning as indicated. c. Petitioner: Marie H. Hackett requests that the following parcel be rezoned from R1 to C1 (Gen. Loc. 524 North First St.) d. Petitioner: James H. Hudson requests that the following parcel be rezoned from R2 to C1. (Gen. Loc. 512 No. First St.) e. Petitioner: John and Opal Mallett requests that their property addressed as 412 thru 424 North First St. be rezoned from R1 to C1. f. Petitioner: Robert A. Mallett requests that a parcel be rezoned from R1 to C1. (Gen. Loc. 404 North First St.) g. Petitioner: Edwin Harpole requests that Lot 1, Block 3, N E and Harry Harpole Addition, Jacksonville, Pulaski County, Arkansas be rezoned from R0 to C1. MOTION CARRIED. Chairman Elliott stated that the rezoning request would be recommended to the City Council for their approval and would be presented as an item of business on the agenda on April 16, 1992 during the Regular City Council Meeting. ANNOUNCEMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING April 13, 1992 7:00 P.M.  7:55 P.M. ADJOURNMENT: Chairman Elliott adjourned the meeting at approximately 7:55 p.m. Respectfully, ___________________________ Lula M. Leonard Planning Commission Secretary CITY CLERKTREASURER