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96 MAY 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 1996 7:00 P.M. - 8:15 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Connie Foster, Jim Dornblaser, Kenny Elliott, Art Brannen, Mark Perry, John Hardwick and Jack Patton answered ROLL CALL. Chairman Bart Gray, Jr. 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 L. Davitt, City Engineer Duane Reel, Engineering Secretary Marci Wilson, Parks and Recreation Commissioner Bob Stroud, Economic Development Director Phil Sullivan, petitioners, and members of the press. ANNOUNCEMENT: Chairman Gray announced the resignation of Planning Commissioner Connie Foster. He acknowledged her dedication and service to the City of Jacksonville while serving from the Planning Commission and invited Commissioner Foster's input as a citizen in the future. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Elliott moved, seconded by Commissioner Hardwick to APPROVE the minutes of the Regular Planning Commission Meeting of April 8, 1996 with noted corrections. MOTION CARRIED. PUBLIC HEARING(S): 7:10 p.m. Land Use Modifications Chairman Gray opened the public hearing and noted that there was no one present seeking a specific change of the land use map. The public hearing remained open and the Commissioners were asked for their comments. Chairman Gray related that one topic for discussion is the possibility of changing the ordinance with regard to conditional uses. In response to a question posed by Commissioner Elliott, City Attorney Bamburg related that in a meeting after Mr. McKimmey formally withdrew his rezoning request, he then requested a recreational "conditional use" or a land use map change which would accommodate his recreational development. Commissioners Elliott and Dornblaser related that they were in favor of granting a conditional use instead of rezoning the property adjacent to Dupree Park. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 1996 7:00 P.M. - 8:15 P.M. Discussion ensued as to a list of specific property uses by the owner and the permitted uses of a C-2 classification. Caution was voiced with regard to granting a conditional use. City Attorney Bamburg clarified that under the current zoning ordinance a conditional use must be listed under that zoning classification for it to be authorized. He related that the role for the Planning Commission is to consider what types of classifications and determine a definition of those conditional uses. He stated that this will provide a guide for the authoritive body to work form. Discussion ensued regarding recommendations to the City Council involving conditional use changes to the zoning ordinance. Chairman Gray related that Mr. McKimmey's original rezoning request was R-1 to C-2 with a "conditional use waiver" as provided under conditional uses of the C-2 classification. After reviewing the request, he recapped the response from the Parks and Recreation Commission dated April 8, 1996 and the recommendation from the Planning Commission to proceed with the advise of the City Attorney. Parks and Recreation Commissioner Bob Stroud related that if the proposed plans regarding a commercial recreational development is carried through, he and the Parks Commission felt that this would be an asset for the City of Jacksonville. He then stated that his personal concern regarding rezoning of the property is that other activities less conducive to the area would also be allowed. He related that in a meeting with Mr. McKimmey, issues involving aesthetics, privacy fence, and a private access were agreed upon. In response to a question posed from Commissioner Brannen, Mr. Stroud related that go-carts would not present a problem. Chairman Gray summarized the plan as accepted by the Parks and Recreation Commission. Discusssion ensued regarding placement of restrictions if a conditional use is granted, and the rezoning impact with consideration to future uses of the property. City Attorney Bamburg advised that restrictions can also be outlined in the definition of all listed conditional uses. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 1996 7:00 P.M. - 8:15 P.M. Discussion ensued as to the extend of privilege regarding a conditional use and specific verbiage which would allow commercial recreational activity as a "conditional use" only to Dupree Park. Further considerations were discussed regarding restricting a possible changing progression of allowable operations under a granted conditional use. Chairman Gray closed the public hearing at approximately 7:32 p.m. Commissioner Elliott related that stipulations could prevent unwanted future operations by narrowing the criteria with site specifics. Discussion ensued with regard to creation of a conditional use ordinance allowing commercial recreation adjacent to public parks containing forty or more acres. City Attorney Bamburg advised the Commission that a recommendation could be made to the City Council for a conditional use in any zone desired. Commissioner Elliott moved to amend the zoning ordinance to allow a commercial recreational "conditional use" in an R-1 zoned area adjacent to Dupree Park with no access to the existing park. Commissioner Elliott amended the previous motion as follows: Commissioner Elliott moved, seconded by Commissioner Dornblaser to allow a commercial recreational "conditional use" in an R-1 zoned area adjacaent to Dupree Park. Discussion ensued as to the specific definition for a commercial recreational use so that it could be recommended to the City Council. Commissioner Foster pointed out that each individual conditional use request would be given consideration of merit from the Board of Adjustment. Commissioner Elliott related that if you remove the restrictions it is no longer site specific. Chairman Gray suggested that similar considerations for other locations could be worked on later, mentioning the time factor with regard to this particular item and asking for a voice vote. AT THIS TIME THE MOTION CARREID. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 13, 1996 7:00 P.M. - 8:15 P.M. Chairman Gray made reference to the minutes of April 8, 1996, regarding modifications to Ordinance 1048, conditional uses and the authoritive body to hear those request. Chairman Gray related that a public hearing will be set for the next regular meeting scheduled June 10th to address those issues. GENERAL: Appointment of Architectural Downtown Jacksonville Committee After a lengthy discussion the general consensus of the Planning Commission was to accept the responsibility as a whole and move forward with downtown Jacksonville revitalization efforts, conducting special meetings when necessary. ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 8:15 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER Susan L. Davitt DEPUTY CITY CLERK 4