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95 APR 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 1995 7:00 P.M. - 7:50 P.M. OPENING REMARKS: Chairman Brannen opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Connie Foster, Jim Dornblaser, Kenny Elliott, Bart Gray Jr., Lester Piggee, Leslie Belden and Jack Patton answered ROLL CALL. Chairman Art Brannen also answered ROLL CALL and declared a quorum. PRESENT nine (9), ABSENT (0). Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, Computer Tech. Mylissa Founds and petitioners. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Belden moved, seconded by Commissioner Patton that the minutes of the March 13, 1995 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. PUBLIC HEARINGS: Rezoning of Lot 9, Block 27, Old Town of Jacksonville, Pulaski County, Arkansas. Addressed: 215 South Second Street. Petitioner: Mr. John Mason Chairman Brannen opened the public hearing at approximately 7:01 p.m. inviting the petitioner to speak. Mr. Mason related that the trend of the property located in the area has been one of neglect and stated that he plans to operate a real estate office from the location which would only improve the asthetics of the area. He pointed out the close proximity to other quiet commercial businesses. Commissioner Belden expressed concerns for the lack of parking space to accommodate the square footage requirement for C-1 zones as set forth in the Jacksonville Municipal Code. Chairman Brannen closed the public hearing at approximately 7:05 p.m. and invited comments from the Planning Commissioners. City Engineer Reel related that the adjacent property is zoned R-4 for mobile home use. He related that a C-1 type activity in the area would not be viewed as a problem. Concerns were expressed with regard to traffic and spot zoning. CITY OF JACKSONVILLE, ARKANSAS 1 REGULAR PLANNING COMMISSION MEETING APRIL 10, 1995 7:00 P.M. - 7:50 P.M. Mr. Mason related that he did not feel his business would utilize the required parking spaces for a building of almost four thousand square feet. He reiterated that much of the surrounding area is already zoned commercial. Other concerns were expressed with regard to future plans and future ownership of the property if it were permanently rezoned commercial. Chairman Brannen offered that if the Planning Commission were to deny the request Mr. Mason would still have an opportunity to seek a variance from the Board of Adjustment with regard to conditional use. He stated that the Board of Adjustment fee could be waived. Discussion ensued with regard to future zoning plans for the area. It was mentioned that this type of business would not warrant a need for a large number of parking spaces. It was then pointed out that when Mr. Mason purchased the property he believed it to be zoned C-2. Commissioner Dornblaser asked for clarification with regard to recommendation to the Board of Adjustment, adding that in the future if the area is designated for commercial rezoning then Mr. Mason could bring the item of business back to the Planning Commission and receive a permanent rezoning. He stated that this would give the petitioner the opportunity to operate his business as he had planned. Commissioner Gray suggested that if the petitioner would withdrawn his item of business before the Planning Commission then the motion could be made for a recommendation to the Board of Adjustment. The petitioner withdrew his item of business. Commissioner Elliott moved, seconded by Commissioner Dornblaser to recommend that the request be sent to the Board of Adjustment at the earliest convenience for a variance at no cost to the petitioner. MOTION CARRIED. REQUEST TO SET UP PUBLIC HEARINGS: Rezoning of property located at Valentine Road. Petitioner Jerry Oldridge It was noted by Chairman Brannen that the petitioner Mr. Jerry Oldridge is not present and that it has been the practice of the Planning Commission to defer any item of business that is not represented. CITY OF JACKSONVILLE, ARKANSAS 2 REGULAR PLANNING COMMISSION MEETING APRIL 10, 1995 7:00 P.M. - 7:50 P.M. City Engineer Reel related that the request to rezone may also be viewed as one of a spot zoning nature and asked if the petitioner might also need to seek a variance from the Board of Adjustment. It was noted that the area adjacent to the request is zoned residential. It was the general consensus of the Planning Commission that the request not be acted upon without the petitioner present. Discussion ensued as to the petitioner being heard as a matter of record. Further discussion ensued regarding the disposition of the body with regard to spot zoning and what options the petitioner may want to seek before or after presentation to the Planning Commission. Chairman Brannen recommended that the item be delayed and the petitioner be informed of his options with regard to the rezoning of the property located at Valentine Road. REQUEST TO APPROVE BUILDING PERMITS: A request was submitted by Boyce W. Penn for a residence to be constructed off Quince Hill Road. ` City Engineer Reel related that the water line is located directly across the street and the sewer is at the back of the lot, adding that both utilities expressed no problem if the building permit is granted. Commissioner Gray related that with regard to a metes and bounds legal description clarification is needed on how the tract of land may have come to be separated from the adjacent land. Mr. Penn related that he recently purchased the property, that it was part of a larger tract of land with two houses addressed as 708 and 805 Quince Hill Road. He related that he has sold the house located at 805 Quince Hill Road with plans to keep 708 Quince Hill which is being offered as a rental property. He stated that his plans are to build a house on the vacant piece of property. Commissioner Gray related that the recent practice of the Planning Commission with regard to smaller tracts of land being subdivided has been that documentation be presented so the property can be properly platted. He related that it would need to show the existing houses plus the tract proposed for construction, adding 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 1995 7:00 P.M. - 7:50 P.M. that it needs to be legally described as part of a subdivision. He added that he did not have a problem with the request provided that the property can be properly subdivided. Commissioner Gray moved, seconded by Commissioner Belden that the metes and bounds building permit request be granted provided that proper documentation for subdividing be submitted to the Planning Commission. MOTION CARRIED. It was discussed that the petitioner could start construction with the approved metes and bounds building permit, while the subdividing of the property would move through proper channels to the City Council. REQUEST TO APPROVE PLATS: Preliminary Plat Pennpointe Subdivision Phase II Petitioner Dickie Penn City Engineer Reel related that the one change from the original plat was a requested street outlet to the west on to the Mathews property. He related that the development in Phase II will be exclusive, adding that the developer seeks protection from the Planning Commission with regard to uncertain development of the Mathews property. He stated that if they are required to develop a side entrance it may hurt the integrity of the proposed development of Phase II with regard to proposed security access. He related that he is following the original preliminary plat with exception to the exit to the west. Petitioner Dickie Penn related that because of the expanse of the lake, there is no proposed entrance from Phase I to Phase II. He then related that none of the lots in Phase II are in the flood plain. Discussion ensued as to the proposed development and a need for a waiver with regard to the length of the culdesac in Phase II. Commissioner Dornblaser moved, seconded by Commissioner Piggee to approve the preliminary plat of Penn Pointe Subdivision Phase II with a waiver on culdesac length. MOTION CARRIED. MAINSTREET REVITALIZATION: Commissioner Belden gave an update on activity of the Mainstreet Revitalization Committee, making mention of the scientific survey being conducted with regard to shoppers of the area and participation from businesses as well as property owners. She 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 10, 1995 7:00 P.M. - 7:50 P.M. related that the next scheduled meeting is Tuesday 18 April at 7:00 p.m. and that additional members have been invited to join giving better representation of the area. She said that overall, progress is going well. ANNOUNCEMENT: Chairman Brannen noted that the Joint Planning Seminar will be held on Monday 17th April from 6:00 p.m. till 9:00 p.m. encouraging attendance from Planning Commissioners. He then noted that the City Council has also been invited to attend. ADJOURNMENT: Chairman Brannen adjourned the meeting at approximately 7:50 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 5