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97 DEC 97.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. - 8:40 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Bob Walker, Art Brannen, Mark Perry, and John Hardwick answered ROLL CALL. Commissioner Gray answered ROLL CALL and declared a quorum. PRESENT SEVEN (7), ABSENT (1). (One opening on Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Marci Wilson, Aldermen Keaton and Kenny Elliott, petitioners, and a member of the press. PUBLIC HEARINGS: 7:00 P.M. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Perry to approve the minutes of the Regular Planning Commission Meeting of November 10, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLAT: FINAL PLAT LOTS 7 & 8 SCENIC BLUFF SUBDIVISION City Engineer Reel related that the Highway Department took some of the west side of the lots when they widened Highway 107 which he said is reflected in the Final Plat before the Commission. He said that Lot 7 is zoned R-3 and Lot 8 is zoned C-3. He said that a two inch water line serves lots one through six but that a larger line would be needed for the multi-family housing or a commercial development. He pointed out that in February or March of 1997 the Water Department met with Mr. Rice with the final agreement that an eight inch water line would be installed in the subdivision. He agreed to paying the equivalent of a 6 inch water line with a fire hydrant at the end of the line. The Water Department agreed to pay the difference between a six inch and an eight inch line which they preferred. He said that minutes in hand verify the conversation. He related that by the time a building permit is requested, the Water Department will have signed their contract with Mr. Rice to start construction of an adequate water line to service the subdivision. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. - 8:40 P.M. Mr. Reel voiced that there are no sidewalk improvements are not required in the subdivision due to the fact that there are no curbs or sidewalks in that area. He related that Mr. Rice is negotiating with Green Valley Sewer Improvement District to have them receive his sewage and bill him for treatment of the same. The agreement is that he will install a pump station that will pump across Bayou Meto up into the Gravel Ridge Sewer Improvement District. Mr. Reel related that a 60 unit complex is being considered for Lot 7. After a short discussion during which the time element with reference to a Preliminary Plat approved by the Planning Commission in 1984 which made no reference to Lots 7 & 8, signing of contracts regarding sewer and water for those lots, issuing of building permits, zoning, etc. It was pointed out that after a year, a Preliminary Plat should be brought before the Planning Commission for their perusal. Chairman Gray related that based on the discussion, he felt the body desires to consider the plat before them as a Preliminary with finalization at the meeting in January. Commissioner Brannen moved, seconded by Commissioner Reid that the plat before the Planning Commission be tabled with the presentation of a Preliminary Plat presented at the January meeting. MOTION CARRIED. REQUEST /STREET OR ALLEY CLOSING: GENERAL: a. REQUEST FOR ANNEXATION: "WATKINS PROPERTY" City Engineer Reel explained that the property is an island that was never incorporated into the City limits. He said that if approved by the Planning Commission, the request for annexation should be passed to the City Council, with a request from the Council to the County Judge, a public hearing will be scheduled, advertised and held by the County Planning Board to hear any objections to the request. If released for annexation, the matter will come back to the City Council for action, upon preparation by the City Attorney of an Ordinance containing the legally described parcel to be annexed. He said that the process will take approximately sixty days. He related that Brushy Island Landfill is the requesting party and that DPC&E and FEMA will be perusing the drainage aspects of the landfill 2 incorporation. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. - 8:40 P.M. Mr. Reel said that future changes in zoning may come before the Commission. City Attorney Bamburg pointed out that zoning changes could be handled at the time the Annexation Ordinance is prepared. Commissioner Gray noted that all the property lays west of the railroad track with adjoining property zoned M-1. City Engineer related that the only access to the property is thru Brushy Island Land. Commissioner Corroum moved, seconded by Commissioner Perry that the request for annexation of the "Watkins Property" be recommended to the City Council for approval and, if released by the County, that any change in zoning similar to that of Brushy Island Landfill (M-1) be addressed in Ordinance preparation. MOTION CARRIED. (legally described as exhibit "A" of these minutes.) City Engineer Reel asked about contacting the owners of two other properties, in unaccessible areas, and the possibility of including them in the annexation process. The general consensus of the Commission was to expand the annexation and that the owners be contacted and made knowledgeable of the process which could include their property if they so desire. Commissioner Hardwick moved, seconded by Commissioner Walker to approach the landowners of two islands in addition to the Watkins Property regarding inclusion in the annexation process pending with reference to the Watkins Property. MOTION CARRIED. It was requested of City Engineer Reel that he contact the owners of the two parcels to which he agreed. b. UPDATE; METROPLAN ref: County Zoning Chairman Gray related that past discussions of the Planning Commission and a meeting with the County Planning Board regarding obligations of cities with military facilities relevant to zoning it has been determined that the Jacksonville Planning Commission will be the body charged with zoning in this area of Pulaski County. He said that based on the information discussed in the news media, it becomes even more important that the issues be addressed that affect Little Rock Air Force Base and the 3 surrounding area. Mr. Richard Magee was recognized by Chairman Bart Gray Jr., CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. - 8:40 P.M. Mr. Magee presented written data (on file in the office of the City Clerk), AICUZ Performance Overlay which shows a five mile radius, an unincorporated area, extending from the present city limits, to which he related as he made his presentation. He said that subdivision regulations, Jacksonville Municipal Code Chapter 17, as well as zoning regulations, Jacksonville Municipal Code Chapter 18, will be affected, pointing out language to be used in amending present ordinances governing the same. He related that there is an unfunded mandate enacted by State Law requiring the City of Jacksonville to take care of establishing the overlay zone district (as shown on the data before the Planning Commission). He pointed out that Act 186 is the "Planning Regulation Law" and that Act 530 defines AICUZ. Mr. Magee related that a new zone is not being created, that in the unincorporated area a zoning overlay district is being created adding that it would be the responsibility of the City to monitor the area and see that AICUZ Study Performance Guidelines are adhered to. He voiced that everything coming into the zoning district would be a conditional use and should be compatable with AICUZ. City Attorney Bamburg voiced that whatever the City applies to the unincorporated area should be applied as a whole and not to individual parcels. He said that he had concerns with changes suggested in zoning as presented in AICUZ. Commissioner Elliott pointed out that the City does not have a Land Use Map for the unincorporated area questioning zoning rights. Mr. Magee related that the AICUZ Study allows many uses for the property, that restrictions for the overlay district relate to performance. Commissioner Gray voiced that the issuing of building permits may complicate the performance of the overlay zone. He pointed out that the City of Jacksonville, Sherwood and Cabot will no doubt have to work together in the zoning process as he pointed out areas where contact is made between the different entities. It was suggested that data be shared with the LRAFB as well as the 4 above mentioned cities and it was requested that Metroplan contact the neighboring cities, requesting their attendance at a meeting of CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. - 8:40 P.M. all interested parties, as well as an invitation to them to become a part of the process of creating the overlay district. c. DISCUSSION: Fencing Ordinance Chairman Gray introduced Council Member Phil Keaton who is the chairperson of the Fencing Committee. He related that input from the Planning Commission is desired as efforts are made to finalize the ordinance. A discussion followed regarding maintenance of fences in relation to enforcement of the ordinance. City Attorney Bamburg said the enclosures are primarily created for safety purposes noting that building code requirements will need to be addressed through the Inspection Department. He said that he will encourage that the Code Enforcement Officers look at the safety aspect more than aesthetics which need to be a concern, but a secondary one to the safety concept and in compliance with the Southern Building Code. It was suggested by Commissioner Brannen that the ordinance include that; fencing which does not meet code requirements be referred to the Board of Adjustment for appeals. City Attorney Bamburg related that a six months time frame for construction will be included in the ordinance. He said that definitions were created primarily for the Code Enforcement Officers to know which businesses fit in which catagory. Commissioner Brannen moved, seconded by Commissioner Perry that the "Fencing Committee consider the following recommendations regarding the "Fencing Ordinance"; (1) expand further on the concept of "good repair", (2) look at additional specs regarding the construction of the enclosure and the materials to be used, and (3) designate the Board of Adjustment as the appeal body for those who do not receive satisfaction from the Code Enforcement Office. MOTION CARRIED. Alderman Keaton related that at 6:00 p.m., before the regular meeting of the City Council January 15, 1998, the committee 5 working on the "Fencing Ordinance" will meet and encouraged the Planning Commission to attend for further input. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING DECEMBER 8, 1997 7:00 P.M. - 8:40 P.M. There was discussion regarding the duties of the Code Enforcement Officers. Appreciation was expressed to Alderman Keaton by Chairman Gray. ANNOUNCEMENTS: ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 8:40 p.m. Respectfully, Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER * City Clerk Lula M. Leonard was married on December 12, 1997 to Henry F. Hawkins. Exhibit "A" WATKINS PROPERTY LEGAL DESCRIPTION AS FOLLOWS: Part of the Southeast 1/4 of the Southeast 1/4 of Section 35 and part of the Southwest 1/4 of the Southwest 1/4 of Section 36, Township 3 North, Range 11 West, and part of the Northeast 1/4 of the Northeast 1/4 of Section 2, Township 2 North, Range 11 West all lying Northwest of the Union Pacific Railroad in Pulaski County, Arkansas being more particularly described as follows; Beginning at the Northwest corner of the Southeast 1/4 of the Southeast 1/4 of said Section 35; thence South 89 degrees 26' 08" East along the North line of said Southeast 1/4 of the Southeast 1/4 a distance of 1326.55 feet to the Northeast corner of said Southeast 1/4 of the Southeast 1/4; thence continuing South 89 degrees 26' 08" East along the North line of said Southwest 1/4 of the Southwest 1/4 a distance of 1216.13 feet to a point on the Westerly right-of-way line of Union Pacific Railroad (100' R/W); thence along said Westerly right-of-way line on a curve to the left having a radius of 15,137.73 feet, an arc length of 510.26 feet and a chord which bears South 46 degrees 29' 42" West 510.24 feet; thence South 45 degrees 57' 01" West along said Westerly right-of-way line 3057.25 feet to a point on the West line of said Northeast 1/4 of the Northeast 1/4; thence North 00 degrees 34' 11" East along said West line 1240.48 feet to the Northwest corner 6 of said Northeast 1/4 of the Northeast 1/4; thence continuing North 00 degrees 34' 11" East along the West line of said Southeast 1/4 of the Southeast 1/4 a distance of 1261.60 feet to the Point of beginning containing 72.839 acres more or less. 7