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97 MAR 10.docCITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Rudy Reid, Dana Nixon, Mark Perry and John Hardwick answered ROLL CALL. Commissioner Walker arrived at approximately 7:12 p.m. Patton was ill, Commissioner Brannen was out of town on a business trip, and newly elected Commissioner Wm. Corroum could not serve at the meeting in that he had not taken the Oath of Office. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT six (6), ABSENT (3). Others present for the meeting were City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Marci Wilson, OECD Director Phil Sullivan, Alderman Kenny Elliott, petitioners and members of the press. PUBLIC HEARINGS: 7:00 P.M. Chairman Gray explained the public hearing procedure. a. REZONING: 9012 McCain Street from R-0 to R-2 Chairman Gray opened the public hearing at approximately 7:03 p.m. and recognized the petitioner of the request, Mrs. Valerie Dewese, 207 E. Valentine. She stated that she and her husband purchased the property on McCain Rd. with the intent to build two duplexes facing each other on two lots of a parcel 100' by 225'. It was determined that there has been no platting of the parcel which is required in the Jacksonville Municipal Code for the subdividing of parcels under five (5) acres. Chairman Gray closed the public hearing at approximately 7:08 p.m. City Engineer Reel pointed out that the property lends itself to the requested rezoning, that he sees no problem, advising Ms. Dewese that she should be sure all utilities are available. She related that she purchased the property in December 1996, thru Bart Gray Realty and that a fence on the property will be removed. Chairman Gray and Commissioner Bob Walker, who arrived at approximately 7:12 p.m. abstained from the voting process due to a conflict of interest. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. There was not a quorum to vote on the item and by general consensus of the Commissioners it was held in abeyance for action at the Regular Planning Commission Meeting scheduled for April 14, 1997. Chairman Gray informed the petitioner that the parcel, under five acres, would need to be platted and brought before the Commission regardless of the zoning status at the time a building permit is requested. b. PARKING VARIANCE: Lot 3, Blk 1, Edgewood Subdivision Chairman Gray pointed out that the request is to allow parking on Lot 3 Blk 1, Edgewood Subdivision, a residential lot. Mr. Rocky Mantooth related that his proposal is to construct a commercial building on Lot 2, Block 1, noting that the sketch, showing landscaping intent, of the proposal was before the Commissioners. He also presented a picture of signage proposed for the location. He yielded to Mr. Bob Shelly, an architect from Cabot, who gave the following particulars. He said the building would be two-story adding that setbacks meet City Code requirements and that parking requirements make it necessary to request the variance to use Lot 3 before the Commission. He related that access would be off Hwy 67-167 access Rd. and Hospital Blvd., closing the access to the north off James Street. He related that he was not sure the ready to wear business would need a dumpster with Mr. Mantooth adding that he feels the need will be like that of a regular household pickup. Mr. Shelly pointed out that there are seven additional parking spaces over the number required in the Jacksonville Municipal Code. Chairman Gray clarified that Lot 4 is a vacant lot extending from the access road to Hospital Blvd. and is not indicated on the drawing before the Commission. He then recognized Mr. Charles Lowery of 912 Braden Cove to address the Commission. He noted that Lots 3 & 4 are zoned for R-0 and R-1 use. He pointed out that a Court Order issued in September of 1983 which states that all modifications and amendments to the original Bill of Assurance, other than the Court Order itself, are invalid. He related that in 1969 Metroplan did a survey of the City recommending various zonings therein adding that three Lots, 2, 3, & 4 were recommended to be zoned C-2. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. He said that action in 1969, prior to the court suit, resulted in the court order, which invalidated all modifications and amendments to the original Bill of Assurance. He said that the Court did, at that time, rezone Lot 2 as commercial, because the Judge said that the residents of the subdivision had acquiesced to the use of that lot being commercial through inaction for a period of time. He said that the Court Order also means that Lot 3 & 4 remain residential R-0 and R-1. He said that the concerning City Ordinance does not list a parking lot as a permitted or conditional use in R-0 and R-1 zoned parcels although variances are sometimes granted. He pointed out that other property owners in the Edgewood Subdivision were not given copies of the Bill of Assurance and were told by Real Estate Agents that only single-family dwellings would be built in the subdivision. He said that to grant a variance for Lots 3, & 4 to be used for parking to support a commercial business located on Lot 2 would not be in the best interest of the people who purchased houses in the subdivision. He added that a larger business than already exists and an increased parking requirement would increase the vehicle traffic, the potential for accidents, and also increase litter and noise problems. He said that he felt the changes are requested for the good of one or two persons versus the good of the general public, to which he would not object. He requested that any changes be denied and that any commercial business established on Lot 2 be required to meet C-1 zoning with the parking contained thereon. Mr. Lowell Ex of 616 N. Hospital Blvd. requested that the access on to North Hospital be denied. Chairman Gray closed the public hearing at approximately 7:30 p.m. Commissioner Walker requested information regarding fencing which was mentioned previously by Mr. Mantooth. Mr. Mantooth related that he has chosen to use shrubbery rather than a wooden fence which would not be as visually aesthetic. He related that he did not know of any plans for Lot 4. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. City Engineer Reel related that the driveway has been placed on the south end of Lot 3, will probably pull traffic coming off James St. and that he did not know if there would be an actual increase of traffic on Hospital Blvd. coming through the residential area. He said that a certificate of occupancy can be withheld until landscaping is satisfactory. Commissioner Hardwick posed a question about making the exit on Hospital Blvd., from the parking area proposed for Lot 3, a left turn only to which City Engineer Reel said it could be done. He related to the Commission that there is an area on McArthur Drive where a left hand turn cannot be made during certain hours. Mr. Reel added that the entrance off the access road is now the current entrance and that the access off James Street would be closed. Landscaping as designated on the sketch before the Commission was questioned by Commissioner Nixon. She suggested that evergreen shrubbery, higher than the top of a car, and ornamental trees be utilized across the back section and along Hospital Blvd. She related that visibility factors should be given consideration as well, adding that she felt the left turn onto Hospital from the parking lot be made a requirement. City Attorney Bamburg related, after a question from Commissioner Reid, that his understanding, from reading the opinion of Judge Rogers, that the lawsuit which was mentioned by Mr. Lowery primarily affected what was on Lot 2, which was a business of a commercial nature existing for some time. He said that the opinion, as he recalled, did not specifically address the remaining lots from the nature of what specific zoning they would be. He added that he would want to correct a statement by Mr. Lowery that it was his opinion that the ruling from the Judge in 1983 rendered the zoning of these properties by the City Council in 1969 invalid. He said that he did not think the Judge addressed the zoning of the lots in her ruling and that he wouldn't think that it would be appropriate to determine that the zoning of the lots went back to R-0 and R-1. He said that he questions that until a determination is made by the Metroplan map what the zoning of the lots were in 1969, when this was specifically adopted. He added that the only zoning that can be assessed to them is R-0, which is how everything was brought into the City unless it was specifically zoned otherwise. He said the question is yet to be answered adding that he is not sure it ever can be. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. Commissioner Hardwick pointed out that in the Land Use Map of 1990 it appears that commercial zoning goes all the way down the access road to the entrance ramp; and that it appears, as late as 1990, that the City intended this three-lot parcel should be commercial. It was suggested by Commissioner Nixon that in landscaping, the shrubbery should be five feet wide, not less than three feet wide, a solid barrier that would block the neighborhoods view of the parking lot, and higher than the top of cars. She also suggested ornamental trees as well, which would enhance the landscaping as well as the building. Mr. Phil Sullivan expressed aesthetic concerns regarding landscaping at the rear of the building pointing out that the proposed construction will be advertising for the City of Jacksonville. Mr. Mantooth said that his desire is to have a display window at the back of the building. He said that a deck is planned for the back as well. He related that special functions made additional parking spaces desirable and related that he plans to have professional landscaping done. Chairman Gray pointed out that any action by the Commission should spell out what is desired of the petitioner in the motion. Mr. Mantooth voiced that he plans to make the building look like a colonial style home and that plans are incomplete as to the use of vinyl siding or brick exterior. Commissioner Hardwick moved, seconded by Commissioner Walker to APPROVE THE VARIANCE request of Mr. Rocky Mantooth for parking on Lot 3 as requested with the following conditions: that the access on to Hospital Boulevard be designated a left turn only, that a landscaping strip using evergreen shrubs, of no less than five feet, and ornamental trees be placed across the back of both lots two and three except where it would be inappropriate for visional purposes and that the petitioner be required to present to the Planning Commission a finished elevation from all sides showing the building and landscaping plans before a certificate of occupancy is approved by the City. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Hardwick moved, seconded by Commissioner Perry to Approve the minutes of the Special Planning Commission Meeting of February 6, 1997 and the minutes of the Regular Planning Commission Meeting of February 10, 1997. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. REQUEST TO SET UP PUBLIC HEARINGS: Rezoning of property located at Marshall Road and West Main a.k.a. Dawkins Commercial Addition/Development Consultants Incorporated petitioner Chairman Gray voiced the request and recognized City Engineer Reel to address the Commission. City Engineer Reel clarified that the request for rezoning involves property behind the Shell Station and the Waffle House adding that part of the property is zoned C-3 and part of it is zoned R-3. He said that it has not been possible to come up with a defined legal description for the separation between the two zonings. He said there is overlapping on two of the lots but that C-3 zoning is desired for all the parcel. Mr. Robert Brown representing Development Consultants Incorporated pointed out by map the property location and expressed that C-3 zoning is desired for the entire tract described by a metes and bounds legal description. Chairman Gray acknowledged that error may have hindered a public hearing at present adding that proper posting and advertisement will be done for a public hearing at the April 14, 1997 Regular Planning Commission Meeting, apologizing for any error made by the City with regard to the request. Commissioner Perry moved, seconded by Commissioner Hardwick to schedule a public hearing for 7:00 p.m. April 14, 1997 during the Regular Planning Commission Meeting to hear a request from Development Consultants Incorporated for rezoning the property located at Marshall Road and West Main a.k.a Dawkins Commercial Addition from R-3 to C-3. (legally described in Exhibit "A" of these minutes) MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. SKETCH PLAT: Dawkins Commercial Addition Mr. Brown said that the property, currently owned by Dawkins Trust, is proposed to be purchased and developed by Coulson Oil Company. He said that a street which will intersect Main Street is proposed. He explained that it will go along the southern edge of the parking lot of what is currently occupied as the Waffle House property, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. with an access on Main Street, providing a larger site for future redevelopment of a new super-stop and probably a restaurant facility on the Lot 1 area. He pointed out that there will be two other commercial lots developed with access from the new street that would basically be offered for sale. He pointed out that the approximate 90 foot floodway area following along the creek made the request logical for the C-3 zoning adding that all multi-family areas are north of the parcel of ground and separated by the creek. He said that utilities are available to the site. City Engineer Reel said that all lots would comply with C-3 zoning. He pointed out floodway on the back of the northernmost lot which has been discussed with the petitioner who voiced that it would be taken into consideration in developing that lot. The distance from the intersection of Main & Marshall to the proposed street access was discussed and the general consensus was that it is in compliance with the City Ordinance. Commissioner Reid moved, seconded by Commissioner Walker to APPROVE the SKETCH PLAT of Dawkins Commercial Addition as presented. MOTION CARRIED. b. SKETCH PLAT: Proposed Subdivision Maddox Road & Pridmore Lane Mr. Tommy Bond represented the developer Mr. Jerry Smith. He pointed out that previously 120 lots were proposed and that there are 62 lots on the plat before the Commission. He related that the LRAFB has no problem with the development. Chairman Gray pointed out that the plat reveals a change in lot sizes from half-acre to acre lots. He questioned an easement on Maddox Road. Mr. Bond said that the owner retained ownership of the right of way, which would be sold with this parcel. He related that the Water Commission has been contacted again regarding the proposed development. He added that the idea of the developer is to include those property owners already established in the area in any annexation activity. He said that lots in the flood plain would be designated as such adding that the Vicksburg District Corp of Engineers has reviewed CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. the site regarding wet land problems and that a letter is forthcoming stating that there are none. It was pointed out that if the LRAFB, which is on the southern side of Maddox Rd. is annexed, the property under discussion will become adjacent and contiguous to the current city limits of the City of Jacksonville. Commissioner Hardwick moved, seconded by Commissioner Nixon to APPROVE the SKETCH PLAT of Maddox Rd./Pridmore Lane Subdivision as presented. MOTION CARRIED. c. PRELIMINARY PLAT: Final Phase of Bellevue Addition Mr. Tommy Bond representing the petitioner stated that the subdivision was begun in 1978 and that this is the last of the development with eighteen remaining lots. He said that the original plan approved by the Planning Commission nineteen years ago will be followed by the developer. Chairman Gray voiced that he would like to see the two lots on Northeastern bring the street up to standards. City Engineer Reel said that widening Northeastern would cut into yards and that nothing has been budgeted for improvements at this time for that portion of the street. Mr. Bond said that plans have been resubmitted to the Water, Wastewater and Health Department for the addition. Commissioner Reid moved, seconded by Commissioner Walker to APPROVE the PRELIMINARY PLAT of the FINAL PHASE of BELLEVUE ADDITION. MOTION CARRIED. d. PRELIMINARY & FINAL PLAT: North Commercial Subdivision Mr. Tommy Bond represented the petitioners. He explained that the subdivision backs up to Stonewall and faces the mini-warehouses across Northgate Drive behind Mercantile Bank. Chairman Gray pointed out that it is located on a low traffic street and that the zoning is C-4. Mr. Bond said that water, sewer and streets are there and have been for approximately twenty years. Mr. Reel said that he did not see a problem with the subdivision. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. Mr. Bond related that the lots in the flood plain would be designated as such on the plat. Chairman Gray voiced that the street is dedicated. Mr. Bond said that sewer is stubbed out and that a 6" water line is in place. Commissioner Walker seconded by Commissioner Nixon to APPROVE the PRELIMINARY AND FINAL PLATS of the NORTH COMMERCIAL SUBDIVISION with the stipulation that lots in the flood plain bear an "F" designation and that a Bill of Assurance be submitted before action by the City Council. MOTION CARRIED. e. PRELIMINARY & FINAL PLAT: PENN SUBDIVISION Chairman Gray pointed out that the plat and a Bill of Assurance were included in the packet delivered to the Commissioners. He pointed out that the current zoning is R-1. City Engineer Reel voiced that there is an additional easement on the front of the lots for a sewer line that had to be built to serve the three lots adding that all improvements are in. Mr. Penn said that owners will sign off before the plat is recorded. Commissioner Hardwick moved, seconded by Commissioner Walker to APPROVE the PRELIMINARY AND FINAL PLATS of the PENN SUBDIVISION subject to signatures of other property owners. MOTION CARRIED. f. PRELIMINARY PLAT: SPRING VALLEY SUBDIVISION Chairman Gray made note of a Bill of Assurance in the packet. Mr. Bond related that the Preliminary Plat follows the Sketch Plat previously viewed by the Commission in February. He pointed out that Lots 2 through 16 would be taken out of the flood plain but that Lots 17, 18, 19, 20, 21, 22 and 1 will remain in the flood plain. He said that the sewer system is a cooperative effort regarding the relocation of a pump station which will provide sewer service to the subdivision as well as to development of the property across West Main. City Engineer Reel said that there is enough sight distance both ways that he feels there will be no traffic problem. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. Commissioner Hardwick moved, seconded by Commissioner Reid to APPROVE the PRELIMINARY PLAT of SPRING VALLEY SUBDIVISION as presented. MOTION CARRIED. PUBLIC HEARINGS: ANNOUNCEMENTS: Chairman Gray announced that Title 6 of the Jacksonville Municipal Code was provided by the City Clerk to replace the present one in the Code book of each member. Chairman Gray expressed appreciation to the Commission for the way they dealt with the public hearings and commended them for their foresight in protecting the neighborhood and the citizens of Jacksonville. ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 8:50 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER Exhibit "A” Dawkins Commercial Addition Rezoning that part of Tract 1 that is currently zoned R-3 to C-3 legally described as follows: LEGAL DESCRIPTION: Tract 1 A parcel of land in the southeast Quarter (SE1/4) of Section 24, Township 3 North, Range 11 West, City of Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the SE 1/4, Section 24, T-3-N, R-11-W; thence N 88 degrees 23' 00" W, 783.90 feet; thence N 00 degrees 33' 00" W, 264.00 feet; thence N 09 degrees 04' 01" E, 36.09 feet; thence S 88 degrees 27' 10" W, 10.17 feet to the northwest intersection of right-of-way lines of West Main Street and Marshall Road, said point being the point of beginning of this description; thence S 88 degrees 27' 10" W along the North right-of-way line of West Main Street, 558.21 feet; thence continuing along said right-of-way line, N 87 degrees 56' 00" W, 13.55 feet; thence N 02 degrees 04' 00" E, 342.80 feet; thence S 88 degrees 09' 54" E, CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MARCH 10, 1997 7:02 P.M. - 8:50 P.M. 608.73 feet to the West right-of-way of Marshall Road; thence along said right-of-way, S 09 degrees 04' 01" W, 312.40 feet to the point of beginning: Containing 4.417 acres, more or less. LEGAL DESCRIPTION: Tract 2 A parcel of land in the Southeast Quarter (SE1/4) of Section 24, Township 3 North, Range 11 West, City of Jacksonville, Pulaski County, Arkansas, being more particularly described as follows: Commencing at the SE corner of the SE1/4, Section 24, T-3-N R-11-W; thence N 88 degrees 23' 00" W, 783.90 feet; thence N 00 degrees 33' 00" W, 264.00 feet; thence N 09 degrees 04' 01" E, 36.09 feet; thence S 88 degrees 27' 10" W, 10.17 feet to the northwest intersection of right-of-way lines of West Main Street and Marshall Road; thence N 09 degrees 04' 01" E, along the West right-of-way line of Marshall Road, 312.40 feet to the point of beginning; thence N 88 degrees 09' 54" W, 608.73 feet; thence N 02 degrees 04' 00" E, 202.17 feet to the centerline of Rocky Branch; thence along said centerline N 60 degrees 16' 07" E, 358.12 feet; thence leaving said centerline, S 56 degrees 35' 24" E, 150.00 feet; thence S 08 degrees 55' 11" W, 208.32 feet; thence S 88 degrees 09' 54" E, 13.93 feet; thence S 09 degrees 04' 01" W, 80.00 feet; thence S 88 degrees 09' 54" E, 200.00 feet to the West right-of-way line of Marshall Road; thence along said right-of-way line, S 09 degrees 04' 01" W, 25.20 feet to the point of beginning: Containing 3.113 acres, more or less.