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97 JUL 14.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. - 8:25 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Dana Nixon, Bob Walker, Art Brannen, Mark Perry, and John Hardwick answered ROLL CALL. Commissioner Reid was absent. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT seven (7), ABSENT (1). (One opening on Planning Commission due to the resignation of Commissioner Jack Patton for health reasons.) Others present for the meeting were Deputy City Clerk Susan Davitt, Marci Wilson, Aldermen Bill Howard and Phil Keaton, petitioners, and members of the press. PUBLIC HEARINGS: 7:06 p.m. a. Conditional Use: 9000 South Hwy 161/Residence in C-1 zoning (Petitioner: Cecil Brittain) Chairman Gray invited Mr. Cecil Brittain to address the item of business. Mr. Brittain explained when the property was purchased it was made into a daycare center and has been leased as such. He related that the new tenant of the property desires to live in the adjacent home on the property and operate the daycare facility. He noted that the day care facility has received approval from the State Department of Health. He stated that his request is for a residential conditional use in a C-1 zoning. He offered copies of the plat to the Commission for their consideration. No one spoke in opposition to the request. Chairman Gray closed the public hearing at approximately 7:11 p.m. Discussion ensued as to the posting of the property. Posting of the property could not be verified, therefore, the public hearing was held in abeyance until the next regularly scheduled Planning Commission meeting of August 11, 1997; as suggested by City Attorney Bamburg. Chairman Gray briefly explained the significance of advertising and posting of properties regarding the public hearing procedure. It was noted that the sign for posting can be obtained in the office of the City Clerk and Chairman Gray apologized for the Planning Commission not being able to fully conduct the public hearing at this meeting. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. - 8:25 P.M. b. Conditional Use of a mobile home in a R-1 zone located at 912 King Street (Petitioner: Zerah Ervin) Chairman Gray introduced the item of business and questioned whether or not the property was properly advertised and posted. It was noted by Deputy City Clerk Susan Davitt that the property had been properly advertised. Posting of the property could not be verified. After questioning the petitioner regarding posting of the property, it was determined by Chairman Gray that the public hearing would be opened but held in abeyance until property could be properly posted. Chairman Gray opened the public hearing at approximately 7:15 p.m. Mrs. Zerah Ervin of 912 King Street stated her request and related that for reasons regarding her husbands health she was requesting placement of the mobile home for her granddaughter who would help with his care. Discussion ensued regarding placement of the sign for posting. No one spoke in opposition to the request. Chairman Gray closed the public hearing at approximately 7:19 p.m. and stated that it would be held in abeyance until the next regularly scheduled meeting of August 11, 1997. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Brannen moved, seconded by Commissioner Perry to approve the minutes of the Regular Planning Commission Meeting of June 9, 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. PRELIMINARY PLAT: JACKSONVILLE BUSINESS PARK Mr. Tommy Bond introduced the plat as a joint collaboration between the City and the Industrial Foundation. He related that the construction would be phased beginning with 6 to 10 lots. Discussion ensued as to the various tracts of land originally presented in the sketch plat and it was noted by Chairman Gray that the property is zoned M-2 which allows for the predominate commercial development intention. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. - 8:25 P.M. Mr. Bond stated that he thought the property would also contain manufacturing, adding that the corner of Redmond and Main mostly lends itself to commercial. Chairman Gray further noted that commercial uses are listed as a conditional use for the M-2 zone and would require conditional use approval. Mr. Bond related that the first phase of the development concept is directed toward lots 21, 23, 9 through 15 and 1; adding that these lots will sewer off an existing sewer line while the rear lots will carry a substantial front end cost with regard to development of sewer. Discussion limiting ingress and egress off Redmond Road ensued, primarily focusing on lots 1, 13, 14, and 21 which could carry the appearance of fronting off Redmond but preclude access onto such. Commissioner Hardwick pointed out that lot 23 would have to access onto Main or Redmond suggesting a common easement between lots 22 and 23, adding that access considerations need to be kept away from the corner of Main and Redmond. Mr. Bond offered that lot 23 could carry a secondary access off Redmond Road smaller than the primary access off Main Street. Discussion ensued as to other consideration regarding the 35' setback for lots 22 and 23 noting commercial development intentions. Commissioner Brannen moved, seconded by Commissioner Hardwick that the Preliminary Plat of Jacksonville Business Park be APPROVED stipulating that lots 22 & 23 carry a 50' setback off Redmond Road and Main Street, further stipulating that Lots 13, 14, 21, and 1 show no access onto Redmond Road. MOTION CARRIED. b. FINAL PLAT: Bellevue Subdivision Phase III In response to a question posed by Chairman Gray, City Engineer Reel related that Water and Wastewater letters of approval have been received and that Council presentation would need to be held until street completion, which he estimated to be approximately one week. He stated that the office of the City Engineer would make the inspection for final acceptance of the street work. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. - 8:25 P.M. It was noted by City Engineer Reel that the turning radius meets Fire Department requirements and that fire hydrant requirements were also satisfactory. He explained that when plans are received by the Water Department they are reviewed by the Fire Department regarding fire hydrant placement. In response to a question posed by Commissioner Brannen, Mr. Bond related that he felt lots 1, 79 and 85 would build facing Bel Air Loop along the 35' setback. Commissioner Brannen moved, seconded by Commissioner Walker to APPROVE the Final Plat of the Bellevue Subdivision Phase III contingent upon street acceptance by the City regarding compliance and completion before being submitted to the City Council, that lots 1, 79 and 85 would build facing the 35' setback with the plat approved by the Fire Department. MOTION CARRIED. c. FINAL PLAT: Long Ford Commercial Subdivision Representative for the owner, Mr. Bond and City Engineer Reel, concurred that all Water and Sewer relocation work was done by those departments to their own specifications thus relinquishing the need for letters of acceptance by those departments. Mr. Bond related that all relocation work was done on a cost sharing basis, noting a substantial investment by the developer to satisfy all requirements in order to obtain a certificate of occupancy. It was noted by Chairman Gray, that paved areas, egress and ingress are private. Commissioner Hardwick moved, seconded by Commissioner Perry to ACCEPT the Final Plat of Long Ford Commercial Subdivision as presented. MOTION CARRIED. d. FINAL PLAT: Quality Car Wash Mr. Bond related that a final plat is being submitted to comply with City regulations regarding single one lot subdivisions. Chairman Gray related that the structure has been built and is currently in use. Commissioner Brannen moved, seconded by Commissioner Walker to APPROVE the Final Plat of Quality Car Wash as presented. MOTION 4 CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. - 8:25 P.M. e. FINAL PLAT: Quince Hill Subdivision Mr. Bond related that the item first appeared before the Planning Commission as much as a year ago at which time a preliminary/final plat was presented for lot one. He stated that he was reminded by the City Engineer that a final plat would be required on the property enabling the Assembly of God Church to proceed with its new facility. In response to questions posed by Chairman Gray, Mr. Bond related that a twelve inch water line is located on John Harden Drive, and one or two fire hydrants are located on the property adding that fire protection may need to be addressed at the time a building permit is applied for regarding fire safety. Chairman Gray related that lot 1F contains a single family residence, adding that final plat approval finalizes the process. It was noted that setbacks regarding the single family structure were grandfathered in at the time of preliminary plat approval. Commissioner Walker moved, seconded by Commission Hardwick to APPROVE the Final Plat of Quince Hill Subdivision. MOTION CARRIED. f. PRELIMINARY/FINAL PLAT: Trickey Hill Subdivision Mr. Phil Keaton related that final plat approval satisfies the requirements for a one lot Subdivision. He related that the petitioner desires to build a single family residence, adding that utilities are available and streets are completed. It was noted that the property is zoned R-1 and will carry a 35' setback. He then related that the property is not in the flood zone. Commissioner Brannen moved, seconded by Commissioner Nixon to APPROVE the Preliminary/Final Plat of Trickey Hill Subdivision stipulating the change of 30' to 35' building line setback. MOTION CARRIED. ANNOUNCEMENTS: DRAFT ORDINANCE REVIEW: Chairman Gray related the nature of the ordinance and stated that the City Council is reviewing the draft ordinance as well. City Attorney Bobby Bamburg related that information from surrounding cities was used in drafting the ordinance. He related that the ordinance is a working document presented for Planning 5 Commission considerations. He stated that the City Council will CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. - 8:25 P.M. discuss the ordinance again at the next regularly scheduled City Council Meeting. He related that after discussion with the City Council he has suggested that other items of concern be addressed in separate ordinances which would be more applicable for the subject to be addressed. He suggested that the draft ordinance before the Planning Commission be limited to address the fencing of unsightly conditions involving automobiles, adding that some other concerns of the Council were old appliances and equipment storage in manufacturing areas. He asked the Planning Commission to include comment for those items of concern as well, adding that it would be used in the draft ordinances being constructed. Commissioner Brannen commented on safety concerns regarding the storage of mattresses in an upright position along Hwy 161 at some of the flea markets. In response to a question posed by Commissioner Corroum, City Attorney Bamburg related that the basis he was asked to establish in drafting the ordinance was that of a safety aspect as well as aesthetics. He mentioned concerns involving some businesses along Hwy 67/167, primarily because of how the area appears to the public as well as enclosing certain areas which create a hazard for children. He explained the nature of such hazards known as "attractive nuisances" regarding child safety. He related that there were specific comments regarding businesses located on Redmond and Hwy 161. Commissioners Brannen and Hardwick concurred that with regard to using hedges or fencing, it should be limited to one or the other questioning future fence maintenance. City Attorney Bamburg related that fence deterioration over a period of time would be addressed by the Code Enforcement Officers, requiring the property owner to maintain the fence according to code provisions. Commissioner Brannen agreed that provisions for maintaining fences could be included in the ordinance. In response to a question posed by Commissioner Corroum, City Attorney Bamburg related that the ordinance will be equally enforced for businesses that front high traffic areas as well as those which are not a visible with regard to screening and safety purposes for auto-parts, repair and salvage. He related that forthcoming ordinances addressing other concerns will have similar provisions that apply to commercial areas as well as 6 manufacturing. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. - 8:25 P.M. It was noted that only gas stations involved with vehicle repair would be addressed under this ordinance. He pointed out that vehicles that could not be stored away from public sight would be required to fence those areas. Discussion ensued as to suggested materials used for fencing. City Attorney Bamburg explained the intent was to have fences and gates constructed in a consistent fashion with an aesthetic appeal as well as addressing safety issues. Chairman Gray speaking on behalf of the Planning Commission members encouraged efforts to make the community more visibly attractive and safe. He asked that Planning Commission role and responsibility as well as that of Code Enforcement be given consideration in ordinance preparation. He suggested that other ordinances need to follow quickly in addressing un-sightly attractions. Discussion ensued as to considerations regarding permanent storage of equipment typically used in construction. It was the general consensus that there is a need for specific definitions regarding equipment. City Attorney Bamburg reminded the Commission that the current ordinance will only address inoperable vehicles. In response to a suggestion from Chairman Gray, City Attorney Bamburg related that enforcement dates be modified taking into consideration the original drafting time of the ordinance giving businesses adequate time to comply. Commissioner Nixon pointed out that in giving consideration to aesthetic appeal, materials used for fencing and terminology needs to be more specific in nature. Commissioner Brannen expressed concerns regarding shrubbery and its future maintenance. City Attorney Bamburg related that the City Council will conduct public hearings before adoption of the ordinance. Other unsightly areas of concern were mentioned. Chairman Gray suggested that while a review committee may be 7 needed it should not be the Planning Commission. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 14, 1997 7:00 P.M. - 8:25 P.M. Discussion ensued as to an increase in responsibility for the Board of Adjustment regarding the appeals process. City Attorney Bamburg related that there is the possibility of addressing different business types with more narrowed zoning provisions. In response to a suggestion from Commissioner Corroum, City Attorney Bamburg related that at the peak of mowing and clean up season, efforts are being made to keep up with the demands. He stated that this is a common problem shared by all municipalities. ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 8:25 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 8