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93 SEPT 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 1993 7:00 P.M. - 8:15 P.M. OPENING REMARKS: Chairman Gray expressed appreciation for those in attendance and asked for roll call. ROLL CALL: Commissioners: Rudy Reid, Connie Foster, Jim Dornblaser, Art Brannen, Tad Green, and Jack Patton answered ROLL CALL. Chairman Gray also answered ROLL CALL and declared a quorum. PRESENT (7) SEVEN, ABSENT (2). Others in attendance for the meeting were City Attorney Robert E. Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Goings, Computer Tech/Receptionist of the Engineering Department Velencia Hardy, petitioners and other interested persons. DEVIATION IN AGENDA: PUBLIC HEARINGS: 7:00 P.M. a. Rezoning of a parcel located on Spencer St. from C-3 to C-1 Chairman Gray announced the item of business and opened the public hearing at approximately 7:05 p.m. Mr. Jim Durham, #12 Woodland Drive, introduced himself and related that he was representing the property owners request that a 0.78 acre lot be rezoned from C-3 to C-1. He related that the family desires to construct a single family residence on a portion of the property sketched as lot A. He further related that the driveway would be off Spencer Street facing Hwy 294 at an angle and that all setbacks required in the Jacksonville Municipal Code would be met. He pointed out that the area contained single family residences as well as light commercial businesses. Chairman Gray closed the public hearing at approximately 7:09 p.m. Commissioner Brannen moved, seconded by Commissioner Dornblaser to recommend APPROVAL to rezone a parcel containing 0.78 acres on Spencer Street from C-3 to C-1. MOTION CARRIED. b. Rezoning of lots 3,4,9, & 10 of the Grace Brown Addition from R-1 to C-2 Chairman Gray opened the public hearing at approximately 7:10 p.m. Jo Ann Smith, a Century 21 agent with Smith & Associates, related that she was representing the owner who wanted to rezone the property which is to be sold and used as an insurance office with a possible framing shop in the rear. She then related that parking would be on the side of the house. She pointed out that the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 1993 7:00 P.M. - 8:15 P.M. property across James Street is already zoned C-2, accommodating a dentist office, and adding that the other two sides are zoned commercial. Commissioner Foster related that she felt rezoning the property is unnecessary as there is already existing commercial property that is vacant which could be used as an insurance office. Commissioner Brannen related that he felt it would infringe on the buffer zone existing in the area. Commissioner Dornblaser related that the Planning Commission is not responsible for helping the owner sell her property, adding that he did not feel comfortable with the request to rezone that area. In response to a question posed by Commissioner Reid, Chairman Gray related that this is the second public hearing to be held on the rezoning of the lots in question. He further related that the first posting of the property and the advertisement was under the wrong date and while there was no response from the public on that date, for the purpose of accuracy, it was re-posted and re- advertised with the correct date. Discussion ensued as to what type of construction surrounded the house in question. Mrs. Smith related that there was a dwelling on the north side of the house but, that to her knowledge, there were no objections to the rezoning. City Engineer Reel related that at the time the property was purchased there were no zoning classifications in the city, all property inside the city limits began with an R-0 zoning which could be rezoned by special request from the property owner and was later influenced as the Master Street Plan was adopted by ordinance. He said that plan designated parameters which were eligible for rezoning. At that time Vine Street was chosen as the cut-off going North on James Street with the property on the West side of James up to Vine being commercial, and two properties on the East side of James are at this point not commercial. He then related that the property owners on the West side of James Street jointly had the property rezoned as not to create spot zoning classification adding that the property in request is bounded on three sides by either commercial or multi- residential dwelling but was not included in the earlier request for joint rezoning. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 1993 7:00 P.M. - 8:15 P.M. Chairman Gray closed the public hearing at approximately 7:15 p.m. Discussion ensued as to C-1 and C-2 zoning requirements and prospective uses in those zones. Further discussion ensued as to the request for a C-2 zoning as opposed to C-1 being sufficient for intended use as an insurance office. Commissioner Dornblaser moved, seconded by Commissioner Brannen to recommend to the City Council to deny the request to rezone lots 3,4,9, & 10 of the Grace Brown Addition from R-1 to C-2. ROLL CALL: Commissioners Reid, Foster, Brannen, Green, Dornblaser and Patton voted to deny the rezoning. MOTION CARRIED to deny rezoning. Chairman Gray related that a motion carries to deny recommendation for rezoning to the City Council. He explained the option of the property owner to present the request to the City Council who has the ultimate power to grant the request. c. Rezoning/Penn Subdivision 6.284 acres from R-0 to R-1 Chairman Gray announced the item of business and opened the public hearing at approximately 7:38 p.m. Mr. Boyce Penn offered to answer any questions posed by the Planning Commission. He further related that the item of business was before the Planning Commission previously and is returned with correction of advertising date. There were no questions from the Commissioners. Chairman Gray closed the public hearing at approximately 7:40 p.m. Commissioner Brannen moved, seconded by Commissioner Reid to recommend APPROVAL of the rezoning of Penn Subdivision containing approximately 6.284 acres from R-0 to R-1. MOTION CARRIED. d. Closing of Blair Drive Chairman Gray announced the item of business and opened the public hearing at approximately 7:42 p.m. Dennis Smith, 2109 Memorial Drive, representing property owners along Memorial Drive, related that their desire was to maintain the property in a better fashion mentioning that there is a dwelling which would obstruct construction of a street. He said that on the plat the street is 25 feet and that the Pulaski County School CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 1993 7:00 P.M. - 8:15 P.M. District has indicated to City Engineer Reel that they have no objection to the closing of Blair Drive if it does not hinder access to and from the north side of the school. In response to a question posed by the Commission Mr. Smith related that the present flow of traffic is hazardous to the school children when the school lets out for the day. Chairman Gray asked if there is anyone else to speak pro or con to the closing. Mrs. Smith a property owner in the area related that the street in question is only 25 ft. wide, further relating that easements were provided on only 1/2 of the street. Chairman Gray closed the public hearing at approximately 7:45 p.m. Discussion ensued as to the question of easements for the school and how to identify the area for school bus use only. City Engineer Reel related that there are no plans to further. develop the 1/2 street dedicated in the Bomber Base Addition adding that the City has no problem with the request to close Blair Drive. Commissioner Dornblaser moved, seconded by Commissioner Foster to recommend APPROVAL of the request to close Blair Drive. MOTION CARRIED with Commissioner Patton voting NAY. e. Closing of alleys & easements in the Lucky Heights Addition Chairman Gray announced the item of business and opened the public hearing at approximately 7:50 p.m. There was no one to speak pro or con on the item of business. Chairman Gray closed the public hearing at approximately 7:51 p.m. City Engineer Reel related that abstract work is being done on the property and in order to get clear titles to the lands it is requested that all alleys & easements be closed. He further related that the alleys & easements have never been utilized adding that there will never be any further development in the Lucky Heights Addition. It was then related that this request is being advocated by the City. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 1993 7:00 P.M. - 8:15 P.M. Commissioner Brannen moved, seconded by Commissioner Green to recommend APPROVAL of the request to close all alleys and easements in the Lucky Heights Addition. Commissioner Patton related that the request has been made by several petitioners who failed to attend the public hearings. He further related that it is his contention that any one desiring action from the Planning Commission should appear to represent that item of business. Consensus of the Planning Commission was to agree that items of business should be represented by the petitioners. MOTION CARRIED with Commissioner Patton voting NAY. f. Closing of alley at 220 West Main Chairman Gray announced the item of business and opened the public hearing at approximately 7:55 p.m. Mr. Tommy Bond related that he was representing the United Methodist Church which desires to build a church across the alley. He further related that the church owns the property and that there is one power pole but no utilities in the alley. Chairman Gray asked for comments from the audience pro or con. No comments were made. He closed the public hearing at approximately 7:56 p.m. Commissioner Brannen moved, seconded by Commissioner Green to recommend APPROVAL of the request to close the alley at 220 West Main as requested by the First Methodist Church. MOTION CARRIED. RESUME AGENDA: APPROVAL AND/OR CORRECTION OF MINUTES Commissioner Brannen moved, seconded by Commissioner Patton that the minutes of the August 9, 1993 Regular Planning Commission Meeting be APPROVED as presented. MOTION CARRIED. REQUESTS TO SET PUBLIC HEARINGS: One REZONING REQUEST was presented with $50.00 fee included. Les and Gloria Evans requested that their property, approximately 3.6 acres lying North of Pine Meadows Mobile Home Park and South of Quince Hill Rd. adjacent to John Harden Drive be rezoned from C-3 CITY OF JACKSONVILLE. ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13. 1993 7:00 P.M. - 8:15 P.M. to R-4 to accommodate a mobile home park. Commissioner Brannen moved, seconded by Commissioner Patton that a public hearing be set for October 11, 1993 at 7:00 p.m. in conjuction with the Regular Planning Commission Meeting on said date to hear comments from the general public regarding the rezoning request of Mr. & Mrs. Les Evans to rezone approximately 3.6 acres of their property from C-3 to R-4. MOTION CARRIED. REQUEST TO APPROVE PLATS: SKETCH/PRELIMINARY PLAT STONEWALL PHASE VI There was a short discussion by the Commissioners regarding the request. It was noted that this is the last phase of Stonewall and that the zoning is R-3 with intended single family dwelling development. Chairman Gray requested that the property be rezoned for single family R-0 zoning. It was noted that part of the development is located within the flood plain zone and is marked with the letter F on the lot number which notifies the buyer he will be required to purchase flood insurance. Chairman Gray remarked that this years Planning Commission can be credited with setting the precedent of using the letter F along with the lot number in order to inform that the lot is located within a flood zone. It was discussed that FHA/VA may no longer be approving whole subdivisions for financing, that approval may be on a lot to lot basis. Commissioner Dornblaser moved, seconded by Commissioner Green to APPROVE the Sketch/Preliminary Plat of Stonewall Phase VI as submitted with the stipulation that the lots be rezoned from R-3 to R-0; setting the public hearing for the next regular scheduled Planning Commission meeting of October 11, 1993. MOTION CARRIED. ANNOUNCEMENT: Chairman Gray related that Tad Green has volunteered to serve on the Board of Adjustment from the Planning Commission. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING SEPTEMBER 13, 1993 7:00 P.M. - 8:15 P.M. Commissioner Foster moved, seconded by Commissioner Patton to accept Tad Green as a Board of Adjustment member serving from the Planning Commission. MOTION CARRIED. ADJOURNMENT Chairman Gray adjourned the meeting at approximately 8:15 p.m. Respectfully, ___________________________ Lula.M. Leonard Planning Commission Secretary CITY CLERK - TREASURER 7