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94 NOV 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 1994 7:00 P.M. - 7:35 P.M. OPENING REMARKS: ROLL CALL: Commissioners: Rudy Reid, Jim Dornblaser, Tad Green, Lester Piggee, Leslie Belden, and Jack Patton answered ROLL CALL. Commissioner Connie Foster and Chairman Elliott were absent. Vice-Chairman Brannen answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (2). Others present for the meeting were City Attorney Robert E. Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Goings, Computer Technician Mylissa Founds of the Engineering Department, Alderman Reedie Ray, and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Belden moved, seconded by Commissioner Piggee that the minutes of the October 10, 1994 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. REQUEST TO SET UP PUBLIC HEARINGS: Rezone 1.75 acres of Pennpointe Subdivision from R-0 to R-5 It was noted that the petitioner Mr. Dickie Penn would attend the meeting but had not yet arrived. Deviation in the Agenda REQUEST TO APPROVE PLATS: a. Final Plat/Oak Valley Subdivision Chairman Brannen reviewed excerpts from the minutes of the April 11, 1994 Planning Commission meeting explaining that at the preliminary stage the plat was named the Pinewood Subdivision Phase I. He related that after Planning Commission approval the preliminary plat of Pinewood Subdivision was changed to be the Oak Valley Subdivision, which is being presented in final plat stage before the Planning Commission. Developer Jim Green related that the original preliminary plat was to be named Pinewood Subdivision which was determined to be a duplicate name for another subdivision. He stated that he changed the name of the subdivision to Oak Valley Subdivision for presentation as the final plat. He then related that he did not care for the name, deciding to change from Oak Valley to Critter Hollow. He related that the only difference between the preliminary plat of Pinewood Subdivision and the final plat to be titled Critter Hollow is the number of lots. He related that he has CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 1994 7:00 P.M. - 7:35 P.M. previously appeared before the Planning Commission with regard to a meets and bounds building permit for a five acre tract of land which was originally part of the preliminary plat. City Engineer Reel related that if passed it would need to be stipulated that the final plat not appear before the City Council until letters of acceptance have been received from the Water and Sewer Departments, adding that otherwise it meets with approval from his office. Discussion ensued as to the flood plan elevation of the lots with regard to the development being in the flood plan. City Engineer Reel related that the developer would not need to fill the whole lot, but only around the pad and slopping off to the lot line. Commissioner Belden moved, seconded by Commissioner Piggee to approve the Final Plat of Critter Hollow Subdivision with the stipulation that letters of acceptance from the Water and Sewer Department are received before the plat be submitted to the City Council. MOTION CARRIED. Resume Agenda: REQUEST TO SET UP PUBLIC HEARINGS: Rezone 1.75 acres of Pennpointe Subdivision from R-0 to R-5 City Engineer Reel related that the original request of 1.75 acres is now for 2.77 acres of the subdivision. He related that Mr. Penn's desire is to develop the land for single family condominium type structures, individual residences, proposing total security featuring a brick wall and card access gate. He related that the condominiums would be in the price range of $150,000.00 to $185,000.00, containing from 1,500 to 2,400 square feet depending on single or two story type construction. Commissioner Dornblaser moved, seconded by Commissioner Green to set a public hearing for the next regularly scheduled Planning Commission meeting to be held December 12, 1994 to hear the rezoning request of Pennpointe Subdivision from R-0 to R-5. MOTION CARRIED. REQUEST TO APPROVE PLATS: b. Re-plat of Lots 7 thru 11 of Block 2, Brown Addition to the City of Jacksonville CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 1994 7:00 P.M. - 7:35 P.M. Commissioner Green requested that he be allowed to abstain from the voting process to represent the item of business. Commissioner Green related that the property has recently been rezoned to C-1, adding that the item of business is a re-plat of the same. He related that after development it would be known as the James Place Commercial Addition. He stated that copies of a two-part site plan has been made available to the Planning Commission. City Engineer Reel related that the purpose of the re-plat is to change five separate lots into one lot for development. He stated that the re-plat cleans up the area for development, and that all utilities are available. He related that the Water Department is working with Mr. Green to extend a water line to the fire hydrant closest to the Second Baptist Church. He stated that the development meets with all the requirements; characterizing the re-plat as a house cleaning measure. In response to a question posed by Commissioner Belden, Mr. Green related that the office space would house such businesses as Certified Public Accounts, Attorneys, and their own real estate offices. Commissioner Piggee moved, seconded by Commissioner Belden to approve the re-plat of lots 7-11, Block 2, Brown Addition. MOTION CARRIED by voice vote excusing Commissioner Green from the voting process. REQUEST TO APPROVE BUILDING PERMITS: No requests were submitted. MAIN STREET REVITALIZATION: Vice Chairman Brannen noted that the Main Street Revitalization Committee held a meeting on November 1, 1994, pointing out that those minutes are available in the packet provided. He related that Mr. Phil Sullivan was unable to attend the meeting. He announced that the next meeting will be held February 7, 1995 at 7:00 p.m. in the Council Chambers. He encouraged participation in the next meeting. Commissioner Dornblaser requested information concerning the type of development which might occur adjacent to the R-5 development with regard to the rezoning of Pennpointe Subdivision. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING NOVEMBER 14, 1994 7:00 P.M. - 7:35 P.M. City Engineer Reel related that R-5 zoning does not have a minimum square footage with regard to construction, however, it does have a minimum square footage for the lot size. It was then noted that the Planning Commission carries the authority to restrict the kind of development approved for a R-5 zoning, thus providing for a continuous standard with regard to existing construction. He related that the land west of the proposed rezoning is owned by the Mathews Company who have no plans for development at this time, and that the land is located outside the city limits of Jacksonville. Commissioner Belden related that there are other parcels of land like zoned that are not considered for i.e. mobile home placement even though that is one of the allowed zoning uses. At this time City Engineer Reel informed the Commission that considerations with regard to rezoning may be necessary before acceptance of the final plat of Foxwood. In response to a question posed by Vice Chairman Brannen, Mr. Penn related that a Bill of Assurance will be submitted with regard to the area rezoned R-5. Discussion ensued regarding the Bill of Assurance and restrictions of an R-5 zoning along with zoning standards regarding future development. Examples of Planning Commission authority were quoted concerning like circumstances. City Attorney Bamburg related that in order to maintain a safe legal position, the Planning Commission would need to articulate a legitimate reason for approval or denial with regard to zoning uses. He related that it is difficult to regulate an adjoining property owner with regard to development, adding that it must be considered on a case by case basis. ADJOURNMENT: Commissioner Piggee moved, seconded by Commissioner Belden that the meeting adjourn at approximately 7:35 p.m. MOTION CARRIED. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER