Loading...
95 OCT 30.doc CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 30, 1995 7:00 P.M. - 8:15 P.M. OPENING REMARKS: ROLL CALL: Commissioners: Rudy Reid, Connie Foster, Jim Dornblaser, Kenny Elliott, Lester Piggee, Bart Gray, Jr., and Jack Patton answered ROLL CALL. Chairman Brannen answered ROLL CALL and declared a quorum. PRESENT eight (8), ABSENT (0). Others present for the meeting were City Attorney Robert E. Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Davitt, Engineering Receptionist Marci Wilson, Attorney Mike Wilson, Attorney Mackie Pierce and petitioners. PUBLIC HEARING 7:00 P.M. Request to Rezone property located from T.P. White Drive to 1000 Madden Road from C-1 to C-3. (Petitioners: Buford Latta, Wilma L. Smith, Jerry Leggitt, Peggy Leggitt, Louise Bostic) Chairman Brannen voiced the request, opened the public hearing, and asked that there be one spokesman for each side of the issue. Representative Mike Wilson came forward to speak for the petitioners of the rezoning request. He explained that the property at issue is already zoned C-1 and that the request before the commission is for the rezoning of four of the five lots at the location to C-3, highway commercial. He explained that the property is owned by the children of Mr. Rob Latta. He said that the Eastern most parcel, number 5, owned by Mrs. Bostic, is not included in the rezoning request. He said that the property has been zoned commercial for approximately thirty (30) years. He mentioned that before that time, Mr. Latta built some apartments and operated a mobile home park on the parcel belonging to him, noting that his water bill is paid in the name of Latta Trailer Park. He said that there is thought that the use could be resumed if so desired. He said that the request is to rezone the property to its best and reasonable use which will not interfere with the enjoyment of the neighbors any more that it is now. He said that there is a potential sale for a quiet business, glass shop and picture framing, which exists at present for the Western most lot belonging to Mr. Latta. He asked the Commission to consider that an owner of property which adjoins commercial property is entitled, as a matter of law, to utilize that property in a commercial fashion. 1 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 30, 1995 7:00 P.M. - 8:15 P.M. Mr. Mackie Pierce spoke as a representative for area residents in Woodland Heights, Dennis Martindale and Randy Vincent who oppose the rezoning. He pointed out the C-1 regulations as set forth in the Jacksonville Municipal Code noting that said zoning acts as a buffer between residential and concentrated commercial areas. He said that all sides are bordered by residential properties and contended that C-1 is the highest and best use of the property. He pointed out that single family residences surround the property requested to be rezoned and that new development of homes to the east of the property is for single family residences as well. Mr. Richard Steven Tomboli, 812 Madden Rd., spoke for area residents on Linda Lane and Madden Road. He voiced agreement with the statements of Mr. Pierce. He presented a petition signed by persons who opposed the rezoning as well as pictures of existing problems due to commercial business operations along T.P. White Drive which back up to the rear yard of some residences along Linda Lane and Linda Cove. He expressed that the residents are not opposed to growth in the city, pointing out that they are concerned with property values. He said that he felt that nothing listed in C-3 zoning could do anything good for the neighborhood. He related that a like request was made in 1981 for rezoning the property requesting that the same decision to deny the request be made by the Commission at this time. Chairman Brannen closed the public hearing at this time, 7:18 p.m. Commissioner Bart Gray Jr. clarified the location of the parcels requested for rezoning pointing out that the Eastern most lot is not to be rezoned with a tract of ground between that lot and those up for rezoning. He pointed out that acreage of the four parcels is approximately eleven (11) acres owned by related parties. He expressed concerns regarding the development plan for the proposed rezoning mentioning that there is a pending sale of Mr. Latta's property. He pointed out that development plans for parcels under five acres are required to come before the Planning Commission to ensure proper subdivision development. Commissioner Elliott clarified that there is no intended use of the parcels other than Mr. Latta's property. He noted that 300 ft. 2 off Madden Rd. accommodates residences and is not a buffer. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 30, 1995 7:00 P.M. - 8:15 P.M. After a question by Commissioner Foster, Attorney Wilson read the decision handed down in state law previously mentioned in these minutes and pointed out that it does not distinguish between different classifications of commercial zoning. He related that the intended use of the property up for rezoning is a joint effort of a husband and wife in a glass door and windshield repair business plus custom picture framing. Mr. Bob Stevens, 26 Woodland Drive voiced that he and other property owners do not wish to take the loss with regard to their property values in comparison to the gain to the owners of the property up for rezoning. He pointed out that he felt that C-3 development would change the whole character of the area requesting that residential development be given utmost consideration. There was a general discussion during which Commissioner Gray pointed out that once a parcel is rezoned, the Commission does not have the right to question what goes in if it fits the zoning classification. He noted concern for residents pointing out that privacy fences and noise control should be given consideration. It was related by Commissioner Gray and City Attorney Bamburg that C-2 zoning would not accommodate the intended use of the parcel, that a Board of Adjustment hearing would be required to approve the auto glass shop. Commissioner Gray voiced that he felt the request should be downgraded to C-2 if it could be, pointing out that the Board of Adjustment could grant approval for an auto repair shop in a Conditional Use. He said that he would not be in favor of addressing the rezoning of three of the parcels without a development plan. He explained that controls are still maintained on the parcel by the Planning Commission through the process of obtaining a building permit in that it is a metes and bounds legally described parcel. He pointed out that fencing and screening could be addressed at that time. The petitioners were given opportunity to change the rezoning request. After discussion, all petitioners except Mr. Buford Latta withdrew their requests. Mr. Latta chose to request a C-2 classification for his parcel of land. Commissioner Gray requested that the chair recognize the withdrawal of the three Eastern most parcels and recommended that the Commission address only Mr. Buford Latta's parcel. Chairman Brannen acknowledged the request. Commissioner Gray also suggested that a development plan accompany any request presented 3 in the future regarding the three parcels deleted. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING OCTOBER 30, 1995 7:00 P.M. - 8:15 P.M. Commissioner Gray moved that the three Eastern most parcels be deleted from the request as advertised and posted, and that C-2 zoning be APPROVED for the parcel, now zoned C-1, owned by Mr. Buford Latta. Other requests to deny the rezoning was voiced by various property owners in the audience. Chairman Brannen read Jacksonville Municipal Code requirements with regard to C-2 zoning. Commissioner Dornblaser pointed out that the request is unusual, noting the residential needs as well as the highway commercial development access relating that he sees the need for a buffer. He said that issuing a building permit could offer some protection with regard to fencing for residential areas. More discussion ensued and a ROLL CALL VOTE WAS TAKEN BY CHAIRMAN BRANNEN. Commissioners: Elliott, Gray and Piggee voted AYE. Commissioners: Reid, Foster, Dornblaser and Patton voted NAY. THE MOTION FAILED. THE REZONING WAS DENIED. Chairman Brannen pointed out that the request can be brought before the City Council. Commissioner Gray pointed out that three tracts were not addressed in the decision made by the Planning Commission. ADJOURNMENT: Commissioner Piggee moved, seconded by Commissioner Gray that the meeting adjourn at approximately 8:15 p.m. MOTION CARRIED. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 4