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93 DEC 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 1993 7:00 P.M. - 7:50 P.M. OPENING REMARKS ROLL CALL: Commissioners: Rudy Reid, Connie Foster, Jim Dornblaser, Art Brannen, Tad Green, Paul Payne, Jack Patton answered ROLL CALL. Lester Piggee was absent. Chairman Gray declared a quorum. PRESENT EIGHT (8), ABSENT (1). Others in attendance for the meeting were City Attorney Robert E. Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Goings, Receptionist of the Engineering Department Valencia Hardy, Engineering Computer Technician Mylissa Founds, Petitioners, and interested citizens. DEVIATION IN AGENDA: Chairman Gray welcomed the petitioners as well as what he observed to be a large participation group. He explained the procedure involved with conducting a public hearing. He asked that one spokes person represent each side. PUBLIC HEARINGS: 7:00 P.M. REZONING OF PROPERTY ON STANPHIL ROAD Chairman Gray introduced the first of the two scheduled public hearings. He opened the public hearing at approximately 7:08 p.m. and related that the request is to rezone to R-1 a portion of property located on Stanphil Road submitted by Mr. Leroy Akridge. Mr. Akridge related that the property was not sizable for development under the current R-0 zoning requirements. He explained the layout, size and location of the property relating the future desire to have a street from Southeastern to the property with possible plans for development with the desired rezoning of R-1. There was no opposition voiced against the rezoning. Chairman Gray closed the public hearing at approximately 7:10 p.m. At this time Chairman Gray conferred off record with City Engineer Duane Reel. Chairman Gray asked for indulgence from the Commissioners stating that at this time the item of business will be tabled for further discussion later in the meeting. He then related that Mr. Akridge CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 1993 7:00 P.M. - 7:50 P.M. and City Engineer Reel required further discussion with regard to the item of business. Chairman Gray opened the second public hearing at approximately 7:11 p.m. and introduced the item of business. REZONING OF LOTS 18, 20, 21, 22, 23, 24, 25, 26 AND 30, BLOCK 2 BROWN ADDITION TO THE CITY OF JACKSONVILLE Chairman Gray related that the request was from petitioner Karen Whitley to rezone the afore mentioned lots in the Brown Addition from R-1 to C-3. Mr. Doug Wilkinson represented Mrs. Whitley in her request. He related that she is executrix of the Brown Estate, pointing out that the Hwy Department has taken the bulk of the lots of 18, 20, 22, 23, 24, 25, and 26, adding that the only full lot is lot 30. He stated that the lots are unsuitable for single family dwellings and asked for permission from the Commission to change the zoning request from C-3 to C-1 which would be quiet commercial rather than Hwy Commercial. Chairman Gray related that the change of zoning request is permissible since C-1 carries more restrictions than does the zoning class of C-3. He asked Planning Commission Secretary Lu Leonard to read the permitted uses in the two zoning classes. At this time Mrs. Leonard read from the Municipal Code Book the permitted uses. Chairman Gray asked if there was a spokesman to represent opposition to the rezoning. Mr. John Gentry of 1004 Jeff Davis submitted petitions from the residents of the area and photographs for the perusal of the Planning Commission. He then stated that the residents are opposed to any type of rezoning to a commercial classification. He further related that the Bill of Assurance guaranteed the lots would remain residential. He offered later input if requested by the Planning Commission. Chairman Gray related that all relative information would be allowed. Mrs. Karen Whitley related that as executrix she needed to liquidate the property in question. She related that the property is 2 CITY OF JACKSONVILLE. ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 1993 7:00 P.M. - 7:50 P.M. adjacent to commercially zoned property on the front and the back sides. She stated that the C-1 zoning could serve as a buffer to the unsightly existing commercial property. She mentioned the multi-family dwellings which are present in the area with regard to the precedence being commercial. She offered the residents the opportunity to purchase the property for a buffer against the Hwy if they so desired at a below market price. She reiterated that her desire is to sell the property which is unsuitable for residential purchase adding that the only inquiries by potential buyers has been for multi-family development or quiet commercial. Mr. Joe Johnson, an area resident expressed that it is the desire to keep the neighborhood stable. He asked that the Planning Commission give consideration to the fact that area businesses keep encroaching on residential areas which brings property values down. Mr. John Gentry asked for the opportunity to respond. He then stated that the area residents are opposed to uses for C-1 zoning adding that the apartment dwelling on the corner has become a plight for the neighborhood adding that initially they were supposed to be town houses. He related that once property is rezoned the use of the property can be changed as was the case with the apartments and for that reason the area residents are opposed to any commercial rezoning. He added that if a developer was to approach the residents with their plans an agreement could possibly be reached. Chairman Gray closed the public hearing at approximately 7:24 p.m. Chairman Gray related that Mr. Piggee, who was absent from the meeting, had previously shared his thoughts on the rezoning and asked that his view to deny the rezoning be shared for the record at the public hearing. Commissioner Dornblaser commented that any further development in the area of Hwy 67/167 would complicate the already congested traffic situation at the intersection of Hill Street. He then related that the best interest of Jacksonville would be to look at already zoned commercial property for development instead of rezoning pieces of property. Chairman Gray related that lots 16 and 17 have a C-1 classification adding that during a previous public hearing for rezoning of property in the same general area the Bill of Assurance indicates that there will be no zoning change which would apply to all lots of Block 2 except lots 22 - 29. He related that lots 18, 21, and 30 as requested were not included in the exception. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 1993 7:00 P.M. - 7:50 P.M. It was noted by the Commissioners that lot 30 was the only usable access to the property. It was also noted that the owner of lot 19, which was not included in the request to rezone, is Commissioner Green. Chairman Gray noted that lots 27, 28, and 29, located on the corner of Jeff Davis and John Harden Drive, are currently zoned C- 3 and were accepted in the Bill of Assurance. Discussion ensued among the Commissioners. Chairman Gray stated that general discussion indicated that an amended Bill of Assurance may exist, however, it was not available to the Planning Commission for perusal. He noted the contents of the original Bill of Assurance dated June 17, 1953. Commissioner Foster related that a rezoning domino effect seem to occur when residential areas are rezoned. Commissioner Reid related that he had reservations about the rezoning. Commissioner Patton suggested that due to unanswered questions from both sides he felt the item of business needed to be tabled at this time in order to give both parties an opportunity to negotiate a solution before the Planning Commission hands down a decision. Commissioner Green remarked that he is a resident on Jeff Davis and has spoken with several of the residents in the area adding that as owner of lot 19 he has an interest on both sides of the rezoning. His feedback indicated that they would not be agreeable to any type of rezoning. Commissioner Patton moved to table the item of business for 30 days in order to give the parties time to negotiate. THE MOTION DIED FOR LACK OF A SECOND. Commissioner Dornblaser moved, seconded by Commissioner Brannen to recommend denial to the City Council for the rezoning of lots 18, 20, 21, 22, 23, 24, 25, 26 and 30, Block 2 Brown Addition to the City of Jacksonville. ROLL CALL: Commissioner Reid, Foster, Brannen, Green, Payne Dornblaser and Patton voted AYE. NAY (0) MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 1993 7:00 P.M. - 7:50 P.M. City Engineer Reel requested to be heard by the Planning Commission relating that on the rezoning request on Stanphil Road, Mr. Akridge is requesting that it be tabled until the next regularly scheduled Planning Commission meeting in January of 1994. Chairman Gray related that the public hearing would need to be re- advertised before appearing before the Planning Commission in January, the reason being that three of the Commissioners will be leaving the Planning Commission giving three new Commissioners the opportunity to preview the necessary data surrounding the rezoning request. City Engineer Reel related that Mr. Akridge wanted to review correct zoning and his plans for the area and any plans of adjacent property owners. Chairman Gray related that there would be no problem in holding the item in abyance. Mr. Akridge stated that when he purchased the property he believed it was zoned R-3 adding that after talking with the City Engineer he discovered that it may be zoned R-0, which is the basis for his request to rezoned from R-0 to R-1. He related that he felt he would like to sell the lots as R-1. Chairman Gray granted the request to re-host a public hearing for January 1994, giving Mr. Akridge more time for consideration with regard to his plans for the property. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Green that the minutes of the November 8, 1993 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. REQUEST TO SET UP PUBLIC HEARINGS: Chairman Gray noted that there has been no request to set up a public hearing. REQUEST TO APPROVE BUILDING PERMITS: Chairman Gray noted that there were no requests to approve building permits. CITY OF JACKSONVILLE. ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 13, 1993 7:00 P.M. - 7:50 P.M. ANNOUNCEMENTS: Chairman Gray related that he would complete his sixth year of service on the Planning Commission adding that he will not be returning to the Commission in January 1994. He said that he had enjoyed serving as a member on the Planning Commission and also as Chairman. ADJOURNMENT Chairman Gray adjourned the meeting at approximately 7:50 p.m. MOTION CARRIED. Respectfully, ____________________________ Lula M. Leonard Planning Commission Secretary CITY CLERK - TREASURER