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97 JAN 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. - 8:10 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Dana Nixon, Art Brannen, Mark Perry and John Hardwick answered ROLL CALL. Commissioner Patton was ill. Chairman Bart Gray Jr. also answered ROLL CALL and commented that all commissioners have been sworn in, declaring a quorum. PRESENT six (6), ABSENT (1). (two vacancies remain 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, and petitioners. ELECTION OF OFFICERS FOR 1997: Past Chairman Gray announced that nominations for Chairman and Vice Chairman were in order. Commissioner Brannen moved that the slate of Officers for the previous year be retained; Chairman Bart Gray Jr., and Vice Chairman Art Brannen also Board of Adjustment Chairman. Commissioner Mark Perry seconded the motion. Commissioner Hardwick moved that the nominations cease. All Commissioners voted that nominations cease. At this time a vote was taken on the original motion of nominations. MOTION CARRIED. The following are volunteers to serve as members of the Board of Adjustment: Commissioners John Hardwick and Mark Perry. Chairman Gray affirmed the members of the Board of Adjustment serving from the Planning Commission: Chairman Art Brannen and Commissioners John Hardwick and Mark Perry. PUBLIC HEARINGS: 7:00 P.M. Chairman Gray opened a public hearing at approximately 7:13 p.m. a. REZONING General location Trickey Lane and Redmond Road R-4 to C-1 (Cy and Betta Carney, petitioner) legally described as follows: Part of the SE 1/4 of the SW 1/4 of Section 30, Township 3 North, Range 10 West, Jacksonville, Pulaski County, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. - 8:10 P.M. Arkansas, being more particularly described as follows: commencing at the Southeast corner of the said SE 1/4 SW 1/4; thence North 00 degrees 28' 26" East 274.87 feet; thence North 87 degrees 50' 47" West 190.00 feet to the point of beginning; thence North 87 degrees 50' 47" West 249.77 feet; thence North 33 degrees 04' 58" East 102.21 feet; thence North 32 degrees 46' 02" East 540.33 feet; thence North 64 degrees 30' 43" East 101.07 feet; thence South 450.00 feet; thence North 87 degrees 50' 47" west 190.00 feet; thence South 150.00 feet to the point of beginning, containing 2.76 acres, more or less. General location: Trickey Lane and Redmond Road area. Ms. Julia Ann Carney represented her father, the petitioner for the rezoning request. She expressed that his intent is to construct a 30' X 50' light industrial building. She pointed out that there is light commercial across the railroad track from the property. She voiced that there are also nice mobile homes in the area adding that perhaps a mobile home for the caretaker for the venture will be placed nearby. She related that development plans are not complete for the entire parcel. Chairman Gray explained Jacksonville Municipal Code requirements for C-1 zoning. He mentioned that a Board of Adjustment hearing may be necessary to complete the project. After some consideration of the request, Ms. Carney withdrew the request to compile more information for the Planning Commission. Chairman Gray voiced that the item would be held in abeyance and given consideration at the next Regular Planning Commission Meeting closing the Public Hearing at approximately 7:20 p.m. b. REZONING General location Northgate Drive from C-3 to C-4 (J.C. George, petitioner) legally described as follows: Part of the Southwest Quarter of Section 17, Township 3 North, Range 10 West, in the City of Jacksonville, Pulaski County, Arkansas, more particularly described as follows: Commence at the Southeast corner of said Southwest Quarter; thence South 89 degrees 52 minutes West 1254.77 feet to the Point of Beginning; thence South 89 degrees 52 minutes West 981.93 feet; thence North 03 degrees 22 minutes East 469.59 feet; thence South 63 degrees 57 minutes East 1062.26 feet to the Point of beginning. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. - 8:10 P.M. Chairman Gray opened the Public Hearing at approximately 7:20 p.m. Mr. Jim Peacock represented Mr. George stating that the reason for the request is make the project more feasible in that a 25' setback is desired relating that the property is long and narrow. He pointed out that present zoning requires a 50' front yard setback. He said that the intended use is refrigerated warehousing which is lacking in the City of Jacksonville. He said that the venture would probably not cause a traffic problem of any kind in that traffic flow is minimal at this time. Commissioner Brannen questioned whether a buffer is planned in relation to adjoining housing. Mr. Peacock stated that the 25' setback variance on the front is desired so as to create a green area in the rear of the warehouses. Chairman Gray closed the Public Hearing at approximately 7:22 p.m. Commissioner Brannen moved, seconded by Commissioner Perry to approve the request to rezone the parcel legally described in these minutes located on Northgate Drive from C-3 to C-4. MOTION CARRIED. Chairman Gray voiced that the request will go before the City Council at their Regular Meeting scheduled for January 16, 1997. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Perry that the minutes of the December 9, 1996 Regular Planning Commission Meeting be APPROVED as corrected. MOTION CARRIED. REQUEST TO SET UP PUBLIC HEARINGS: No requests were presented. REQUEST TO APPROVE BUILDING PERMITS: No requests were presented. REQUEST TO APPROVE PLATS: a. SKETCH PLAT: Jacksonville Industrial Subdivision Chairman Gray recognized Mr. Tommy Bond to address the item of business. He related that the plat represents an endeavor by the City of Jacksonville, various business leaders, and the Chamber of Commerce to develop an industrial park. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. - 8:10 P.M. He pointed out that this is a part of the acquisition of approximately 150 plus acres. Chairman Gray voiced that he is serving on the corporation and will abstain from the voting process of the Planning Commission. He said that the plat encompasses almost a forty acre tract of the park grounds. Mr. Bond expressed that the original intention is to develop lots that will vary from one to five acres. He said that it is further intended to develop about five or six lots in the first phase. He noted that water and sewer is reasonably readily available and that the street will be constructed as proposed. He pointed out that this is one of about six parcels which lie along Redmond and General Samuels Rds. The general purpose of a sketch plat was explained by City Engineer Reel and Chairman Gray to be a concept plan of what a developer is proposing to do without a lot of expense invested in engineering etc. With acceptance by the City Engineer and the Planning Commission, the consulting engineer can proceed with formal plans for water, sewer, street, and a preliminary plat. City Engineer Reel pointed out that if there is a great deviation between the Sketch Plat and the Preliminary Plat, approval should be delayed until the differences are reconciled. City Engineer Reel stated that his office checks the sketch plat against the preliminary plat to verify any changes and advise the developer of anything which should be addressed. He noted that there is a standard check list, of which the developer is aware, used in the process. Mr. Bond said that the particular piece of land lends itself to a culdesac or a loop street. He added that the general consensus of those in the planning of the development was that the loop street presents itself a better plan for commercial or industrial development which would allow large vehicles in and out for easier access. Chairman Brannen moved, seconded by Commissioner Reid that the Sketch Plat of Jacksonville Industrial Subdivision be APPROVED. MOTION CARRIED with all members present voting AYE except Chairman Gray who ABSTAINED. b. SKETCH PLAT: Boroughs Proposed Subdivision Chairman Gray recognized Mr. Tommy Bond who explained that the parcel is located west of Shady Lane and east of Main Street. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. - 8:10 P.M. He said that zoning is R-O and that the concept is to meet that minimum lot size, 70 X 100 adding that Tract A is inside the ditch and that at this time final determinations have not been made for the parcel. He said to be above the flood plain substantial fill will be required. He pointed out that lots 19 through 22, would take some fill and are within the flood plain adding that about six or eight of the other lots are touched to a minimum by the flood plain. He stated that "f" would be used in plat preparation acknowledging flood plain designation. He related that the street is 750 to 800 feet. He said that there may have to be a variance requested with regard to street length. Chairman Gray questioned entrance in relation to the S curve. Mr. Bond stated that the location of the access is about as good as it can be considering drain location and the curve pointed out by Chairman Gray. City Attorney Bamburg located the Jacksonville Municipal Code requirement of 750' for the length of culdesacs. Commissioner Hardwick moved that the SKETCH PLAT of Boroughs Subdivision be accepted as proposed. MOTION CARRIED. c. PRELIMINARY & FINAL PLATS: KEVIN SUBDIVISION Chairman Gray recognized Mr. Jim Peacock who represented the petitioner. He related that the subdivision is a little unusual in that a street is already in existence, all utilities are in place, and that the primary purpose is to comply with City regulations noting that the parcel is not described by metes and bounds. He said that the remaining vacant property at the end of Jane Drive zoned R-2 which will allow for the construction of duplexes or single family housing. City Engineer Reel voiced that the lots are cleared and awaiting development. He said that a response is expected from the utility companies, that he does not see the need for additional work by the developer. Commissioner Hardwick moved, seconded by Commissioner Brannen that the Preliminary and Final Plats of the Kevin Subdivision be APPROVED as presented. MOTION CARRIED. (Final Plat to be presented to the City Council 1/16/97) CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. - 8:10 P.M. d. Replat of Lots 2, 3, & 4 Edgewood Subdivision Chairman Gray recognized Mr. Rocky Mantooth who represented the replat request. Mr. Mantooth related that his proposal is to put in a ladies dress shop and some office complexes. He said that the construction is designed in such a way that will not impede vision at the intersection of James and the access road. He pointed out that the request will affect lots 2, 3, and 4. Commissioner Brannen voiced that he was under the impression that lots 2, 3, and 4 were never rezoned to C-2. Mr. Mantooth mentioned a document filed on December 14, 1959 that did take Block 1 lots out of any of the Bills of Assurance with regard to the original documents governing Edgewood Subdivision. Mr. Brannen stated that Lot 1 went to the Highway Department. Mr. Charles Lowry, 912 Braden Cove, addressed the Commission. He related that the 1959 replat was voided by a court order. He gave dates of 28 September 1983 and 7 June 1983 as the time of court action relating to controversy with regard to Edgewood Subdivision. He said that the zoning of Lot 2 was commercial in the findings of the court at that time, adding that an insurance office was operating on that location. He said that the court order was that it could remain, quoting Paragraph 15, "The landowners of Edgewood Subdivision to the town of Jacksonville have acquiesced to the commercial use of Block 1, Lot 2, as long as the use is restrained and similar with an impact substantially the same as previous users. He pointed out that the original Bill of Assurance can be changed thru a petition signed by 51% of the property owners. He said that property owners have had the assurance that the subdivision would remain as single family dwellings. He noted that single family dwellings have been built on the west side of Hospital Street and that there are three lots, 2, 3, and 4, left. He said that he could see no reason why a commercial venture should be put at the location, that it is not suitable for the same relating that the matter has been through the courts once and that he will endeavor to do the same again if necessary. Chairman Gray requested that all information from Mr. Lowery & Mr. Mantooth be made available to the City Attorney for his perusal. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 13, 1997 7:10 P.M. - 8:10 P.M. Mr. Mantooth expressed that he has documentation with regard to changes made when Lot 1 was designated Highway Department property. Chairman Gray related that more information is needed for the Planning Commission to make their decision regarding the replat request of Lots 2, 3, & 4. Mr. Mantooth related some involvement with Metroplan which documentation is to be presented to the City Attorney to enable him to advise the Planning Commission in further consideration of the request. Commissioner Brannen moved that the Replat of Lots 2, 3, & 4 be tabled until the next Regular Meeting of the Planning Commission. MOTION CARRIED. He encouraged that the replat show all changes desired, and that all information be made available to the City Attorney in that he is the legal advisor for the Planning Commission, so that a decision can be reached at the next meeting. PUBLIC HEARINGS: No requests were submitted. ANNOUNCEMENTS: Chairman Gray related that the ANNUAL REPORT of the Planning Commission for 1996 has been made available to each member and should be reviewed for approval or correction at their next regular meeting. Chairman Gray announced that the Planning Commission should renew efforts with regard to Main Street Revitalization Project and a general consensus of the Commission was to schedule a re-orientation meeting for 7:00 p.m. 30 January 1997 at City Hall. ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 8:10 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER