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97 FEB 10.docCITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. - 8:56 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Dana Nixon, Bob Walker, Art Brannen, Mark Perry and John Hardwick answered ROLL CALL. Commissioner Patton was ill. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (1). (one vacancy remains on the Planning Commission) Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Marci Wilson, Public Works Director Murice Green and petitioners. Chairman Gray voiced that the last item on the agenda is cancelled in that no representative from Metroplan was able to attend. He related that a special meeting of the Planning Commission and the Downtown Jacksonville Committee is scheduled for 24 February 1997 at 7:00 p.m. at City Hall urging all to attend if possible. APPROVAL AND/OR CORRECTION OF MINUTES: City Clerk Leonard noted that on page 5 of the January 13, 1997 minutes an addition of, "seconded by Commissioner Art Brannen", should be included in a motion made by Commissioner Hardwick for the approval of a SKETCH PLAT of Boroughs Subdivision, and that Commissioner Hardwick was not appointed as chairman of the Structure Committee formed at an informal meeting of the Planning Commission and the Downtown Jacksonville Committee meeting. Chairman Gray pointed out that Alderman Kenny Elliott and Mr. Lloyd Friedman will co-chair the Structure Committee. Commissioner Brannen moved, seconded by Commissioner Reid that the MINUTES of the JANUARY 13, 1997 Planning Commission Meeting and the ANNUAL REPORT of the Jacksonville Planning Commission for 1996 with the above mentioned corrections be APPROVED. MOTION CARRIED. REQUEST TO SET UP PUBLIC HEARINGS: Rezoning of property located on McCain Street from R-0 to R-2 (Petitioner: Valerie Williams-Dewese) (The petitioner was not present.) Commissioner Hardwick moved, seconded by Commissioner Nixon to set a public hearing for the request of Valerie Williams-Dewese to rezone property, legally described as follows, located on McCain Street from R-0 to R-2. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. - 8:56 P.M. A part of the NE1/4 NE1/4 Sec. 1, T-2-N, R-11-W, more particularly described as follows: From the NE corner of said Sec. 1, Run South along East line 420 feet to the point of beginning of tract herein described; run thence West 225 feet; run thence South 100 feet; run thence East 225 feet; run thence North 100 feet to point of beginning. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: SKETCH PLAT: Proposed 77 acre Subdivision Gen. Loc. Pridmore Lane & Maddox Road Chairman Gray voiced the request and recognized Mr. Phil Sullivan, Economic and Community Development Director, to address the Commission regarding the request. His presentation included information regarding a 1992 study done by the Air Force as well as a map showing the base area in relation to the proposed development. He related that the study referenced air installation, compatibility use, and zoning. He said that it took the areas at the ends of the runways and the areas that they flew over a large percentage of the time and delineated what would be appropriate for those areas that would allow them to continue to do their mission without impeding it. He related that noise levels were included in the report as well as the inbound and outbound tracks of the aircraft and where they were going. He pointed out that in addition to that the Air Force requires a clear area at the ends of their runways followed by two additional transition areas that they can have for safety measure in case an accident with an aircraft. He pointed out the location of the proposed development on the map presented to them. He said that it lies about seventeen hundred feet from the 65 noise decibel contour line adding that it is not in any safety area that the Air Force has laid out. He related that there needs to be no allowance made for special zoning in that area which is not in a transition zone. He stated that not more than twenty flights of inbound smaller aircraft per day would be the type that would affect the area. He said there are no prohibitions as far as the 1992 study is concerned that would require any special considerations of the development. He related that the study was done for safety reasons and to allow development that would be compatible with the Air Force mission. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. - 8:56 P.M. He said that the noise contour lines could expand and come closer to the proposed development if there is a mission change and if smaller aircraft is used. Commissioner Brannen expressed concern for the development in the event there is expansion at the base. Commissioner Reid voiced concern regarding any encroachments which might add to the possibility of the base being closed in the future. Chairman Gray related that the item before the Commission, a Sketch Plat of a 77 acre tract proposed for subdivision development off Pridmore and Maddox Roads which is close to the LRAFB and comes within the five-mile planning jurisdiction of the City of Jacksonville. Mr. Tommy Bond said that structures will be one-story no more than 90 feet tall relating that the lots will be one acre. He pointed out state law which provides that by ordinance a city shall not prohibit single-family residential use on tracts an acre or more in area, provided that future construction shall comply with Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations, Wyle Research Report WR 89-7, which construction shall be regulated and inspected by the city's existing building permit and inspection ordinances and procedures. (Ref: Municipal League Handbook p. 139-140 Building and Zoning Regulations-Planning 14-56-426) Mr. Bond said that the development is predicated on the idea that the City of Jacksonville moves forward with their annexation of the LRAFB. Chairman Gray voiced that his understanding is that the City has no zoning jurisdiction with regard to the 77 acres but that it does have subdivision jurisdiction. Mr. Bond said that requests have been submitted to the Water and Sewer Departments with regard to their servicing utilities to the development. He said that the Water Department has done a system analysis that showed some weakness that is being worked on to correct. He said that the developer is trying to take care of any incumbrances to the development adding that services such as police and fire protection and utilities, which are imperative to the development, are not provided beyond city limits. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. - 8:56 P.M. He said that the ground has been cut up in lots for approximately 15 years with very limited amount of growth relating that the back northeast corner of the development is in the flood plain. He pointed out that at present, without annexation by the City, Pulaski County and an outside the city fire district serves the area. He said that lots 1 through 14 as numbered have been sold and should be taken out of the tract. He said there is a water line down Pridmore Lane service by North Pulaski Water Users Assn. as well as the front lots. He said the intent of the developer is to extend water service into the development from the association and provide fire protection. He said there is no complication in that no sewer service is provided. Commissioner Gray voiced that from Maddox Road there is a sixty foot road right of way and Mr. Bond said that it would be part of the subdivision from which access would be addressed. City Engineer Reel said it would be to the advantage of the city of proceed with the development pointing out that there is decent traffic flow with access off Maddox Rd. with alternate routes out down Pridmore Lane noting the possibility of annexation into the City and provisions of utilities from the same. After concerns expressed by Commissioner Hardwick with approving the Sketch Plat before the Commission, Mr. Bond stated that a conceptual approval is what is desired by the developer. Chairman Gray related that stipulations can be made with any type of approval by the Commission. After further discussion it was determined that a meeting between the petitioner and representatives from LRAFB could be arranged for gaining further information assuring the Planning Commission, the developer and other interested parties that the development meets guidelines affecting Base operations. A sketch plat was requested for the meeting of the Planning Commission in March. b. Replats: Lots 2, 3, & 4 Edgewood Subdivision Mr. Rocky Mantooth presented to the Commission a copy of the original map as published with passage of Ordinance 213 in 1969 pointing out C-2 zoning at the time. He also made mention of a meeting held in 1982 which indicated the status of said lots as well as those in attendance. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. - 8:56 P.M. He pointed out that C-2 zoning was chosen over C-3 zoning by Metroplan in recommendations for the lots. He presented a layout of the proposed construction. He related that in 1959 the Highway Department took approximately half of Lot 1 in the development of Highway 67-167 making Lot 2 actually a part of Lot 1 and 2 and Lot 3 a portion of Lot 2 and 3. He said that at this time, Lot 2 is at the corner of T.P. White Drive and extends 110 feet noting a small angle in the lot. Chairman Gray noted that a single story 1800 sq. ft. building and a two-story 4200 sq. ft. building are planned for Lot 2. He said that actually a replat is not requested, nor a change in the lot, but that a request to construct a C-2 type business on the lot is being made with public parking on a lot zoned R-1 with access to James Street being eliminated on Lot 2, changed to access off T.P. White Drive and through a drive on Lot 3 off Hospital. Mr. Mantooth said that the front of the building would face the parking lot area. A short discussion ensued regarding information of past activity with regard to zoning and businesses permitted on the lots. Mr. Mantooth related that the information he provided the Commission are records on file by the City of Jacksonville at City Hall. City Attorney Bamburg pointed out the status of the lots on a map published with Ordinance 213 upon its passage noting Lot 2 to be C-2. He said that he could not tell if Lot 2 is the only one with said zoning due to the quality of the copy. He said that the lot on which Mr. Mantooth proposes construction was addressed by Judge Rogers in 1983 and specifically declared as C-2 regardless of a Bill of Assurance, of zoning of the City, or anything else. He questioned whether or not the extra lot is C-2 or R-1 stating that if it is the latter, a variance would apply for adequate parking. Mr. Mantooth said that he feels the zoning of Lot 3 is R-1. City Attorney Bamburg voiced that in conversation with Mr. T.P. White he expressed that he understood that the lots facing James, Lots 2 and 3, would be considered as a commercial plot. However, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. - 8:56 P.M. Judge Rogers ruling only addressed only the lot on which the building is located. He added that Metroplan cannot find the original map which would give the detailed information which is needed. Mr. Mantooth voiced that the two-story proposed construction is for a clothing retail outlet and that three offices would be for quiet businesses. He related that trash could be contained on the inside of the building eliminating the need for any screening adding that the drawing is a rough sketch but that he will beautify the grounds. Chairman Gray voiced that he sees a great advantage in closing a James St. entrance about which he has been concerned, mentioning that Mr. Hardwick had pointed out fencing or screening which would enhance the neighborhood. Commissioner Brannen pointed out traffic flow on Hospital and commented that there are people who walk in the area as well. Chairman Gray suggested that determinations be made regarding exactly what is desired adding that a variance for parking regarding Lot 3 would come back to the Planning Commission and that a variance for the number of parking spaces in Lot 2 would go before the Board of Adjustment. Mr. Mantooth said that he will attempt to keep all activity on Lots 2 & 3 adding that Lot 4 is a vacant lot. Commissioner Hardwick voiced in that the project is going to be controversial, he questioned the size of the building as well as the access to Hospital Street. Mr. Mantooth was encouraged to bring the request back to the Planning Commission at the meeting in March. NO ACTION WAS TAKEN ON THE ITEM. Chairman Gray voiced that a public hearing is possibly in order and that public comments would be acceptable at that time expressing appreciation for the attendance of those in opposition to Mr. Mantooths request. c. FINAL PLAT: Lot 1, PH 1 Penn Subdivision Mr. Boyce Penn voiced that the Final Plat was never presented to the Planning Commission through error. He said that Preliminary Plats were submitted on Lots 1, 2, & 3. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. - 8:56 P.M. Chairman Gray asked about improvements to the property. City Engineer Reel said that all are in order and that all improvements to Lemac Drive was completed by the Community Development Department. Chairman Gray noted July 12, 1993 a approval date for the Sketch Plat with the stipulation that the Final Plat would be considered after rezoning of the parcel which was approved on September 13, 1993. He voiced that Lot 1 is a part of the three lot subdivision pointing out that the Preliminary and Final Plats should have been before the Commission earlier questioning the responsible party in recordation of Final Plats. Mr. Penn withdrew the request and said that he would bring a Final Plat of the three lot subdivision before the Planning Commission at the regular meeting scheduled for March. Chairman Gray pointed out that the Public Hearing item was withdrawn by the sponsor. He also said that the Metroplan representative was unable to attend. DEVIATION IN AGENDA: Chairman Gray recognized Mr. Charles Lowry of 912 Braden Cove in the Edgewood Subdivision to address the Planning Commission. He read paragraph four (4) from a ruling by Judge Judith Rogers dated 22 September 1983 concerning the Bills of Assurance of Edgewood Subdivision. He quoted paragraph four (4) of the original judgment from Judge Rogers as follows; "all subsequent modifications or amendments to the Bill of Assurance are invalid as the Bill of Assurance contains no provision to modify such Bill of Assurance until January 1 of the year 2000." In paragraph fifteen (15) in the amendment to that court order dated June 7, 1983, he read; "Landowners of Edgewood Subdivision of the town of Jacksonville have acquiesced to the commercial use of Block 1, Lot 2, Edgewood, for so long as the use is restrained and similar with an impact substantially the same as previous users." CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING FEBRUARY 10, 1997 7:04 P.M. - 8:56 P.M. He expressed that anything different to what was in the Bill of Assurance of Edgewood Subdivision has been violated and that he feels anger, as well as others in the subdivision. He said that in conversation with the City Attorney, he was told that there is no recourse to decisions made in 1969, that it is entirely legal. He expressed that he felt differently. He asked that no building permits be issued until the matter is settled in the courts. DEVIATION IN AGENDA: ANNUAL REPORT 1996 Commissioner Brannen moved, seconded by Commissioner Hardwick to approve the Annual Report for 1996. MOTION CARRIED. PUBLIC HEARINGS: ANNOUNCEMENTS: ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 8:56 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER