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96 JUN 10.docCITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Jim Dornblaser, Kenny Elliott, Mark Perry, John Hardwick and Jack Patton answered ROLL CALL. Chairman Bart Gray, Jr. also answered ROLL CALL and declared a quorum. PRESENT Nine (7), ABSENT (2). Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan L. Davitt, City Engineer Duane Reel, Engineering Secretary Marci Wilson, petitioners and members of the press. PUBLIC HEARING(S): 7:10 p.m. Chairman Gray introduced the first request by Woodhaven Homes for the rezoning of two tracts of land legally described in these minutes as exhibit (a), generally located North of Loop Road and East of Foxwood Subdivision and Union Pacific Railroad from M-1 to R-4. He noted that the property was posted and advertised as he pointed out that the land use map indicates M-1 (manufacturing) zoning, adding that the Planning Commission is not able to follow a rezoning that does not follow the land use plan for the City. He stated that there has been an oversight on the part of the City in giving direction to the petitioner, Mr. Jack Wilson, as to what procedure should be followed. He related that a request to change the area requested for rezoning from M-1 to residential on the land use map is in order. He stated that a public hearing would be scheduled for public input regarding a change in the land use map with a recommendation from the Planning Commission to the City Council for final approval or disapproval. He explained that rezoning requests for changes in residential zoning or rezoning would then be submitted, if the area under discussion is changed on the land use map, from manufacturing (M-1) to residential (R-0). He was apologetic regarding the error of the City and related that a public hearing can be scheduled for the next Regular Planning Commission Meeting with regard to changes in the land use map. b. REZONING OF Lots 491 and 492, Foxwood Subdivision Ph. X from R-0 to R-5 Chairman Gray read from the Jacksonville Municipal Code Section 18.38.010, purpose for establishment of an R-5 district. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. He opened the public hearing at approximately 7:20 p.m. Mr. Ted Belden, 705 Foxwood Drive, was recognized by Chairman Gray to address his request. He said that the rezoning request is an attempt to allow condominium development at the very end of the golf course known as 17 T box and 16 green. He said that the area was zoned R-4 before the development of Foxwood Subdivision Phase X, then it changed to single family status. He related that condominiums have been requested and that he envisions two units containing two to three units each. The following persons voiced opposition to the rezoning request: Mr. Kevin Perdue, 104 Foxrun Cove, Mr. Christopher Salvucci, 110 Foxrun Cove, Mr. John Fortenberry, 705 Foxboro Drive, Mrs. Carolyn Dunlap, 919 Foxwood Dr., Mr. John Chambers, 1306 Foxwood Drive, and Pat Sword, 914 Foxwood Drive. Their areas of concern were (1) that property values would suffer greatly, (2) that allowing condominiums would be unfair to present property owners who bought their homes without the advantage of information regarding such a development, (3) that there would be a possibility for an increase in crime in the area, (4) that the possibility of ill repair exists in this type of housing, (5) that there has not been enough information provided present home owners in the area with regard to the type of units proposed. Mr. Belden related that in platting the subdivision, consideration for developing an area for condominiums was not given and that requests have come for the condominiums which would be approximately seventeen hundred to two thousand square feet at a cost of approximately $100,000.00 each. Chairman Gray closed the public hearing at approximately 7:34 p.m. Commissioner Dornblaser questioned the number of years the property was zoned R-4 to which Mr. Belden voiced approximately fifteen to twenty years. He related that he felt the homeowners should be protected and that the Commission should decline approval of the request on their behalf. Commissioner Dornblaser moved, seconded by Commissioner Reid that the Planning Commission decline approval of the request to rezone Lots 491 and 492, Foxwood Phase X, from R-0 to R-5. MOTION CARRIED by a ROLL CALL VOTE with all Commissioners voting AYE. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. Chairman Gray explained that the request for rezoning may be presented by the petitioners to the City Council at the next Regular City Council Meeting as he related that the Planning Commission makes recommendations to the governing body with final approval given by the same. He expressed appreciation to those in attendance and invited all who desired to stay for the remainder of the meeting as other matters of city government were dealt with. c. Amendments to the Jacksonville Municipal Code Book Chairman Gray opened the public hearing at approximately 7:40 p.m. He voiced that changes in the code would enable the Planning Commission to hear all conditional uses as requested and give the Board of Adjustment considerations for all setbacks currently addressed on page 304 of the Jacksonville Municipal Code, variances from the code in general and all sign variances. There was no input from those in attendance for or against the changes as stated above. The following is a list of all areas given consideration by the Planning Commission through discussion of the body with reference to changes in the Jacksonville Municipal Code: (1) Bill of Assurance / required at the time of Preliminary Plat presentation (2) Land Use Map Changes / recommendations from Planning Commission to City Council with final approval by Ordinance with changes in zoning, in accordance with the land use map, to come before the Planning Commission for consideration and recommendation by Ordinance to the City Council for final approval Mr. Jack Wilson requested to address the Commission with regard to the first public hearing request on the agenda concerning to the rezoning of a parcel north and east of the railroad, and Foxwood Subdivision, from M-1 to R-4. Chairman Gray voiced time would be permitted. (3) Changes regarding hooved animals as addressed on page 93, in Section 6.08.020 of the Jacksonville Municipal Code / a five acre pen area with said area changed from 100 feet to a 1,000 foot distance from residences or businesses, with possible grandfather clause consideration CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. Mr. Buster Smith, #13 Foxboro Cove, pointed out that such control of animals might be given consideration in the Bill of Assurance governing subdivisions. (4) The inclusion of modular homes under R-1A with possibly 80' X 100' lots / possibly listed under permitted uses The following are items suggested by City Attorney Bamburg. (5) Conditional Uses / review list, update list specifically listing use under zoning classifications of the code (6) Land Use Map / public hearing required for any change with recommendation to City Council for approval or disapproval by ordinance (7) Time period limitations with regard to submission of Preliminary and Final Plats (affecting 17.12.070 and 17.12.120 of the municipal code) / possibly eliminate time period (8) Code Enforcement - SBC and State Codes / adopt current rules and regulations in proposals to City Council for approval Mr. Jack Wilson voiced that the codes do impact builders and encouraged adopting the changes with reference to SBC and State Codes noting health and safety factors involved. He related that he would like a more standardized code between Jacksonville, Sherwood, North Little Rock and Little Rock. Mr. Jim Green encouraged that there be a definite time period limitation set for plat presentations. Chairman Gray closed the public hearing at approximately 8:34 p.m. At this time the Commission passed the following as recommendations for City Council approval. Commissioner Hardwick moved, seconded by Commissioner Reid that the Planning Commission be the body to address conditional uses while the Board of Adjustment address variance items as listed on page 304 of the Jacksonville Municipal Code Book and sign variances. MOTION CARRIED. Commissioner Dornblaser moved, that Section 06.08.020 of the Jacksonville Municipal Code be changed to reference 1,000 feet from the nearest residence and total acreage of not less than five acres. MOTION DIES FOR A LACK OF SECOND. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. Commissioner Hardwick moved, seconded by Commissioner Elliott that "Modular Homes" be included in the R-1A zoning classification amending the motion to further address "Modular Homes" under "Conditional Use" in an R-1A zone. ROLL CALL: Commissioners: Elliott and Hardwick voted AYE. Commissioners: Reid, Dornblaser, Perry, Patton, Chairman Gray voted NAY. MOTION FAILED. Discussion ensued regarding conditional uses with City Attorney Bamburg relating that State law prohibits consideration of a conditional use unless it is listed as a conditional use under a specific zoning classification for which the variance is being requested. He asked that the Commission review the list for expansion and ordinance recommendation. It was the general consensus of the Commission to continue hosting public hearings, which is the present policy, regarding requested changes in the Land Use Map. As a discussion ensued regarding a forty-five day time limit with reference to plat presentation, Mr. Jim Green requested that a time limit be set. City Attorney Bamburg suggested that the time limit be eliminated and that the Planning Commission act in good faith as they have done in the past and complete its work in a reasonable time frame. Ref: 17.12.070 and 17.12.120 Commissioner Elliott moved, seconded by Commissioner Dornblaser that the Planning Commission shall approve conditionally or disapprove such Preliminary Plat within 75 days from the date of receipt thereof or the Preliminary Plat shall automatically come back to the Planning Commission to be addressed for further action. MOTION CARRIED. Ref: 17.12.030 Commissioner Elliott moved, seconded by Commissioner Reid that the Bill of Assurance be submitted at the time a Preliminary Plat is presented to the Planning Commission. MOTION CARRIED. Commissioner Elliott moved, seconded by Commissioner Dornblaser to table dealing with a motion to adopt any changes to Southern Building Codes and State Building Codes, which may conflict with present codes adhered to by the City of Jacksonville, until the next regular meeting of the Planning Commission. MOTION CARRIED. (information to be provided by Code Enforcement Department) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Elliott moved, seconded by Commissioner Reid to APPROVE the minutes of the Regular Planning Commission Meeting of May 13, 1996 with a correction on page two (paragraph four / reviewing). MOTION CARRIED. BUILDING PERMITS: a. Mr. Ron Barber, 1210 So. Hwy 161 / shop construction / general location South of Marion Street During a discussion regarding the request to construct a shop building on a 1.2 acre plot zoned C-3 and legally described by metes and bounds, it was pointed out that side yard setback is shown to be eight (8) feet which does not comply with municipal code requirements. Commissioner Elliott moved, seconded by Commissioner Patton to approve the building permit request of Mr. Ron Barber for the construction of a shop as requested with a side yard setback of 15' as required by Jacksonville Municipal Code. MOTION CARRIED. b. Building Permit / Red Fox Lane (petitioner Dave Kinman) He related that the Boyd family is the actual owner of the property and introduced Mr. John Kennedy who desires to purchase the property for construction of a fashionable home. Written authorization (on file in the office of the City Clerk) was presented giving Mr. Kennedy permission to speak for Mr. Boyd. During a discussion regarding the parcel on which the construction is to take place, it was noted that maintenance of the street will be the responsibility of the owner in that it is considered a private drive. Mr. Kennedy voiced that the Boyd family has no further intention with regard to developing their property. Commissioner Dornblaser moved, seconded by Commissioner Reid to approve the building permit request with the property owner bearing the maintenance of the private drive to the residence which is proposed for construction at the west end of Red Fox Lane. MOTION CARRIED with one nay vote by Commissioner Hardwick. At this time Chairman Gray recognized Mr. Jack Wilson to address the Planning Commission with regard to an earlier request for the rezoning of a parcel North of Loop Road and East of Union Pacific Railroad. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. Mr. Wilson questioned the way rezonings have been handled in the past as they relate to the land use map. Chairman Gray explained that the land use map is a recommended plan for community development. Commissioner Elliott related that state law requires that cities provide a land use map in their planning endeavors. Chairman Gray stated that a good faith effort is being made to give the rezoning request of Mr. Wilson the best consideration possible. There was a lengthy discussion regarding the procedure for rezoning parcels to residential which are indicated commercial on the land use map. Mr. Gray apologized again for the error made by the City with regard to proper procedure to be followed in handling the request of Mr. Wilson. He said that the City offers at their expense to amend their error by setting public hearings to properly address the request. Mr. Wilson pointed out that the land use map does not properly specify flood plain areas as he indicated the portion which he owns. He presented pictures of proposed construction for the requested R-4 zoning. He explained that lots are not sold with the houses, which are set on permanent foundations, and that the lots are maintained by the developer. He noted that the approach to the area is zoned commercial and was previously an illegal dumping site. He asked that the Commission set a public hearing for a change in the land use map. It was determined that on July 8, 1996 a public hearing requesting the rezoning from manufacturing to residential of the parcels owned by Mr. Wilson can follow the public hearing for changes in the land use map. Upon the advice of the City Attorney, Commissioner Dornblaser moved, seconded by Commissioner Hardwick to set a public hearing for changes in the Land Use Map and the rezoning of the parcels owned by Mr. Jack Wilson and described in these minutes as exhibit (a), with the expense of advertising being that of the City of Jacksonville. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. GENERAL: A request from Mr. Jim Green regarding Stonewall Subd. Ph. VII Mr. Green presented a letter requesting that the Planning Commission reconsider a decision requiring a fence along Loop Road or Berkshire Drive. Chairman Gray related that as reflected in minutes of 12 December 1994 that the recommendation of the City Engineer is that a fence be constructed with regard to the lots that back up to Loop Road. Mr. Green explained that his most strenuous objection is that the action is capricious and arbitrary as he related that his contention is that an ordinance should be adopted by the City Council which addresses privacy fences setting forth guidelines for all developers with regard to their construction. City Engineer Reel related that the concern of the City was that the basis used in making the suggestion that there needed to be "some type" of screening or sound barrier regarding the development by Mr. Green on Loop Rd. was due to the amount of traffic on Loop Rd. which will increase with said development. Mr. Green pointed out that with regard to one entrance into a subdivision, it should be addressed by ordinance as well as the matter of privacy fences. He said that he does not feel the action of the Planning Commission has been fair in dealing with his request. It was pointed out by Chairman Gray that there does exist in Chapter 17.20.090 of the Jacksonville Municipal Code a reference to screening along rear lot lines. There was a lengthy discussion during which Mr. Gray pointed out that Mr. Green is allowed a lot of personal discretion, set forth by ordinance, as to the type of fencing used in Stonewall Phase VII development. Commissioner Dornblaser moved, seconded by Commissioner Reid to deny the request of Mr. Green to change the requirement of a privacy fence along Loop Road or Berkshire Drive as shown in the plat presented as Stonewall Phase VII. MOTION CARRIED with Commissioner Elliott abstaining from the voting process. MOTION CARRIED. Mr. Gray voiced that it is the purpose of the Planning Commission to bring good, viable development into the City. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. Commissioner Elliott pointed out that issue was delayed due to the fact that Mr. Green withdrew the plat voluntarily in January of 1995 therefore hindering any action by the Planning Commission. He related that changing the name of the subdivision also hindered the process. Chairman Gray presented information regarding the revitalization of the downtown area along with copies of a zoning ordinance (in book form) from the City of West Memphis, and a survey response (in book form) compiled of information received by the Economic Development Department of the City of Jacksonville. He presented also a format of meetings which indicate the participants in several presentations to the Committee as well as sub-committee assignments. The next scheduled meeting of the committee is 18 June, 1996 at 7:00 p.m. at City Hall. ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 10:30 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. EXHIBIT (a) Tracts One and Two (rezoning request by Woodhaven Homes - from M-1 to R-4 LEGAL DESCRIPTION: Tract One A tract of land in the South One half (S1/2) Section 16 and the North One Half (N1/2) of Section 21, Township 3 North, Range 10 West, City of Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the SW corner of Section 16, T-3-N, R-10-W; thence S 88 degrees 48' 00" E, along the South line of said Section 16, 1246.11 feet to the easterly right-of-way line of the Union Pacific Railroad; thence along said right-of-way, N 49 degrees 24' 00" E, 239.48 feet to the point of beginning; thence continuing along said right-of-way line, N 49 degrees 24' 00" E, 570.00 feet; thence continuing along said right-of-way line along a curve to the left ( = 18 degrees 29' 20", Tangent = 940.69 feet, Radius = 5779.58 feet) a chord bearing and distance of N 40 degrees 09' 20" E, 1856.94 feet; thence continuing along said right-of-way line, N 30 degrees 54' 40" E, 547.77 feet; thence S 16 degrees 32' 50" E, 525.90 feet; thence S 26 degrees 39' 36" E, 783.59 feet; thence S 34 degrees 29' 07" E, 884.49 feet; thence S 09 degrees 08' 09" W, 443.01 feet; thence S 62 degrees 23' 03" W, 440.68 feet; thence N 70 degrees 59' 00" W, 628.94 feet; thence N 31 degrees 49' 51" W, 262.69 feet; thence N 66 degrees 00' 05" W, 271.26 feet; thence S 75 degrees 44' 42" W, 248.17 feet; thence S 64 degrees 48' 56" W, 965.76 feet; thence N 55 degrees 11' 33" W, 435.48 feet to the point of beginning: Containing 73.185 acres, more or less. LEGAL DESCRIPTION: Tract Two A tract of land in the South One Half (S1/2) Section 16, and the North One Half (N1/2) of Section 21, Township 3 North, Range 10 West, City of Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the SW corner of Section 16, T-3-N, R-10-W; thence S 88 degrees 48' 00" E, along the south line of said Section 16, 1246.11 feet to the easterly right-of-way line of the Union Pacific Railroad; thence along said right-of-way, N 49 degrees 24' 00" E, 239.48 feet; thence S 55 degrees 11' 33" E, 435.48 feet; thence N 64 degrees 48' 56" E, 671.79 feet to the point of beginning: thence continuing N 64 degrees 48' 56" E, 293.97 feet; thence N 75 degrees 44' 42" E, 248.17 feet; thence S 66 degrees 00' 05" E, 271.26 feet; thence S 31 degrees 49' 51" E, 262.69 feet; thence S 70 degrees 59' 00" E, 628.94 feet; thence N 62 degrees 23' 03" E, 440.68 feet; thence N 09 degrees 08' 09" E, 443.01 feet; thence N 34 degrees 29' 07" W, 884.49 feet; thence N 26 degrees 39' 36" W, 783.59 feet; thence N 16 degrees 32' 50" W, 525.90 feet to the easterly right-of-way of the Union Pacific CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JUNE 10, 1996 7:00 P.M. - 10:30 P.M. Exhibit (a) continued: Railroad; thence along said right-of-way, N 30 degrees 54' 40" E, 407.17 feet; thence S 16 degrees 32' 50" E, 774.66 feet; thence S 26 degrees 39' 36" E, 736.52 feet; thence S 34 degrees 29' 07" E, 984.03 feet; thence S 09 degrees 08' 09" W, 713.45 feet; thence S 62 degrees 23' 03" W, 720.37 feet; thence N 70 degrees 59' 00" W, 864.93 feet; thence N 31 degrees 49' 51" W, 277.17 feet; thence N 66 degrees 00' 05" W, 7501 feet; thence S 75 degrees 44' 42" W, 115.44 feet; thence S 72 degrees 50' 34" W, 904.20 feet; thence N 49 degrees 24' 00" E, 653.59 feet to the point of beginning: Containing 37.286 acres, more or less.