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97 OCT 13.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. - 8:15 P.M. OPENING REMARKS: Chairman Gray opened the meeting and expressed appreciation for those in attendance. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Dana Nixon, Bob Walker, and Mark Perry answered ROLL CALL. Commissioner Art Brannen was absent due to work schedules. Chairman Bart Gray Jr. also answered ROLL CALL and declared a quorum. PRESENT SEVEN (6), ABSENT (2). (One opening on Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, City Engineer Duane Reel, Deputy City Clerk Susan Davitt, OECD Director Phil Sullivan, Marci Wilson, petitioners, former Commissioner Jim Dornblaser, and members of the press. PUBLIC HEARINGS: 7:00 P.M. a. REZONING: 3530 West Main from R-0 to C-2 (Petitioner B.J. Boroughs) Chairman Gray explained the procedure to be followed during the public hearing. He opened the hearing at approximately 7:03 p.m. and requested that the petitioner address the request. Mr. Boroughs stated the request and related that during the process of development sewage problems arose and the sewage pump station had to be moved up to the property requested to be rezoned. He said that he didn't feel the lots would be ideal residential lots and was approached by a convenient store operator about using the parcel for that purpose which brought about the petition for rezoning. He related that there is a very high traffic count on the street and that the parcel has a wide frontage. Mr. Jim Dornblaser, 805 Christy Cove in the Bushwood Subdivision spoke in objection to the rezoning. He related that the request is not in conjunction with the Land Use Map accepted by the City of Jacksonville which shows the property for residential use. He pointed out that heavy traffic use in the area is of concern in relation to the dangerous curve on West Main at that point. He said that he did not feel it suitable to put C-2 development between two residential developments. He presented a petition (on file) regarding opposition to the rezoning. CITY OF JACKSONVILLE, ARKANSAS 1 REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. - 8:15 P.M. Mr. Chet Shirmer, 804 Christy Cove in the Bushwood Subdivision expressed concern with regard to the two sharp curves on Main Street at the point where the convenient store is proposed. He added that if Main Street is straightened out in the future, the time might be suitable for rezoning the parcel. Chairman Gray closed the public hearing at approximately 7:11 p.m. Chairman Gray directed a question to City Engineer Reel with regard to the relocation of Main Street to eliminate the dangerous curves mentioned by the opposing parties. City Engineer Reel related that a suggestion is in process to the Transportation Council, who has jurisdiction over the dispersal of federal funds on this type of construction. He said that the next acceptance of suggestions by said Council is scheduled for April in 1998 adding that to get on that funding list, it might take four or five years to see the relocation become reality. He said that the relocation would not eliminate the curved portion of Main Street as it exists now because of the local neighborhoods that it serves. He said that the impact of the change would primarily handle the traffic that is leaving the Marshall and Main area going toward Gravel Ridge. He related that the comprehensive development plan for streets in that area show that at some point in time Campbell Drive will be extended and tied into Main Street in the area of the new DHS building. He said that nothing in the area would be cut off in the plan at this time. He said that the area requested for rezoning is probably a quarter to 3/8 of a mile from commercial or industrial on the north side of Main Street and that on the south side of Main Street there is industrial zoning up to the curve. He related that there would have to be a revision to the proposed Land Use Map that is in force at present with the requested rezoning. Commissioner Nixon moved, seconded by Commissioner Reid that the request to rezone 3530 West Main from R-0 to C-2 be denied. MOTION CARRIED. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Nixon to approve the minutes, correcting the number present, of the Regular Planning Commission Meeting of September 11, 1997. MOTION CARRIED. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. - 8:15 P.M. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: a. REPLAT: 3616 T.P. WHITE Metes and Bounds parcel Commissioner Walker addressed the item of business, removing himself from the voting process. He said that the property fronts on T.P. White Drive and goes all the way back to Natchez Trace and is on a metes and bounds legal description, the lot being approximately 110 ft. by 300 ft. lot to be sold as one parcel. He related that he is handling the sale of the property for a Mrs. Lewallen who lives in Houston, Texas. City Engineer Reel said that he did not feel the lot should be platted as a one lot subdivision pointing out that subdivision rules and regulations, per Jacksonville Municipal Code, state that a parcel under five acres, with a metes and bounds legal description, should come before the Planning Commission before transfer of title. Commissioner Reid moved, seconded by Commissioner Perry that approval be given for the transfer of the property located at 3616 T.P. White Drive. MOTION CARRIED with Commissioner Walker abstaining from the voting process. b. SKETCH PLAT: Roderwise Road (Petitioner Mr. Clayton Pollock) Chairman Gray introduced the item of business noting that it has not been presented to the County Planning Board adding that there is a possibility that the City of Jacksonville may not have the first jurisdiction on the matter. He recognized Glen Keaton of Bond Engineering who represented the petitioner. He also recognized City Engineer Reel who related that the item has come before the Planning Commission for comments regarding any problem that might be seen if annexation of the area, which is four or five miles away from the City, materializes. He said that each lot will have its own septic system, that public water is available, adding that the lots are approximately one and one-half acre in size. He said if Health Department approval is given, he has no problem with the plat as presented. He said the proposed street is gravel based with an asphalt surface which will meet minimum County standards. He explained that plat presentation should follow the order of sketch, preliminary, and final for development of the area. Commissioner Corroum questioned fire hydrant placement. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. - 8:15 P.M. City Engineer Reel said that he was not aware of how fire protection requirements are taken care of in the area because of volunteer fire protection. He added that existing water lines are adequate to maintain individual residential services. He related that his guess would be that fire hydrants are placed at half mile intervals in this development. Commissioner Corroum voiced that perhaps the development of more land in the area should be taken into account with the first lots. City Engineer said that the sketch plat, which gives a geometrical view of a development, could be revised. Chairman Gray voiced that if a preliminary plat is presented, the Commission should seek to see that fire protection and other services would be available. He recognized Mr. Dennis Sobba, Chairman of the Commissioners of the Fire District in the area under discussion and a member of the Pulaski County Planning Board. He said that the Board, according to Ms. Betty Smith, should have viewed the plat prior to it coming to the Jacksonville Planning Commission. He said that he had checked with Mr. Hyat of the Health Department who had heard nothing of the development. He said that the perk should be done as a whole and not by individual property owners. Indications by Mr. Hyat were that one and one- half acres will not suffice for passage of perk tests. He related that in the Silver Oaks Subdivision, some of the two acre lots required special septic systems. He said a lot of work needs to be done on the plat before it should come before the Commission for approval. Commissioner Corroum moved, seconded by Commissioner Nixon that the item of business with be tabled pending appropriate information and action by the other bodies involved. MOTION CARRIED. c. REPLATS: Lot 6 Highland Park & Lot 13 Fair Oaks Subdivision (petitioners: Mr. Garrick Feldman & Dr. Lee Misak) Mr. Glen Keaton was recognized by Chairman Gray. He explained that the property line between Lot six and Lot 13 has been altered adding that Mr. Feldman, the owner of Lot six in the Highland Park Subdivision, constructed a fence which crossed the property line. He said that an agreement has been reached between property owners and the fence is now on Mr. Feldman's lot. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. - 8:15 P.M. Chairman Gray pointed out that the replatted lots complies with zoning. In conclusion, Commissioner Walker voiced that the replatting of the lots was to accommodate the fence on Lot 6. Commissioner Walker moved, seconded by Commissioner Corroum that the replat of Lot 6 Highland Park & Lot 13 Fair Oaks Subdivision be APPROVED. MOTION CARRIED. REQUEST /STREET OR ALLEY CLOSING: UPDATE: Proposed Street Closing of Crestview Drive City Engineer Reel stated that a public hearing has been set by the City Council for the first Council Meeting in November to hear comments with regard to closing that part of Crestview Drive that was never developed. ADDITION TO AGENDA: Replat of Lots 3 & 4 Bertha Street off Jeff Davis Avenue City Engineer Reel related that the area is one that has come before the Planning Commission previously in which the closing of Bertha Street, requested by Shawn Odell, was denied. He said that Mr. Odell is now requesting that the parcel be platted into two lots that face Jeff Davis Avenue. By common consent, the item was accepted by the Commission to be placed on the Agenda along with a presentation by Mr. Richard Magee from METROPLAN with reference to jurisdiction of an area outside the City Limits of Jacksonville in the area of the Little Rock Air Force Base. He said that Mr. Odell is proposing to replat existing lots making two residential lots, 55 ft. wide and 190 ft. deep, that face Jeff Davis where water, sewer, and gas is available. He said that the replatting makes Lot 4 smaller and Lot 3 wider. Commissioner Nixon moved, seconded by Commissioner Reid to APPROVE the replat as of Lots 3 and 4 off Bertha Street facing Jeff Davis as submitted. MOTION CARRIED. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. - 8:15 P.M. METROPLAN PRESENTATION: Mr. Richard Magee Chairman Gray pointed out that there had been a joint meeting with the Pulaski County Planning Body on 30 September 1997 which was very informative. He said that the County Planning Body basically authorized the Planning Commission of Jacksonville to do what state law allows with regard to working out zoning and planning issues as it related to the planning area that extends into the five-mile or beyond planning area of the city limits of the City of Jacksonville. Mr. Magee expressed appreciation for the invitation to share with the Planning Commission. He distributed information regarding development of the area around the LRAFB. He read from Arkansas State Code, law passed by the legislature in 1995 with regard to city limits and military installations. Said law provides that a city shall enact a city ordinance specifying that within five (5) miles of the corporate limits future uses on property which might be hazardous to aircraft operation shall be restricted or prohibited (14-56-426). He said that this gives the City of Jacksonville legal authority to do some things which would not have been possible without its passage. He related that the ordinance, according to 14-56-426, (d) (1), shall be consistent with recommendations for studies made by the United States Air Force entitled Air Installation Compatible Use Zone Study, Volumes I, II, and III, dated October, 1992. He added that it also shall not prohibit single-family residential use on tracts an acre or more in area. He pointed out that different zones, clear, approach zone 1 and 2, and noise, are set in place by the Air Force with regard to use of area. He said that the jurisdictional issue will have to be dealt with, the five-mile area outside the city limits. He said that the planning area of both Cabot and Sherwood may be affected by the City of Jacksonville in dealing with the zonal issue involved. He pointed out the different land use areas on a map during his presentation before the Commission. He said that vacant residential tracts are larger than one acre. He related that the law says the action of the City is not optional, that it shall deal with the issue of the five-mile zone outside the City limits. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING OCTOBER 13, 1997 7:00 P.M. - 8:15 P.M. He said that one tool a number of cities have used is to totally rewrite the ordinance dealing with zones, reflecting changes in every zone, and creating new zones. He suggested creating an overlay zone, such as the "airport compatibility zone" and decide how much of the five mile area the overlay zone will encompass. He said that permitted and conditional uses, based on the compatibility of said use with regard to the overlay zone, could be made an amendment to the original ordinance in place at this time. He related that Metroplan is working on such a proposal and will bring it before the Planning Commission possibly in December. Chairman Gray commented that when the Planning Commission, with the help of Metroplan, and the City Council, through planning, public hearings, ordinances, etc. complete their work, there will be alterations or extensions of the Land Use Map of the City of Jacksonville. Mr. Magee related that Sherwood, Jacksonville, and Cabot will need to work together as jurisdiction adjustments of the area have to be made. He said that Jacksonville has a clear mandate in State Law to deal with the issue whereas Sherwood and Cabot may want to alter their zoning. Mr. Magee said that by the November meeting of the Planning Commission it is possible that a draft could be brought for consideration. ANNOUNCEMENTS: City Attorney Bamburg related that a draft ordinance regarding telecommunications will be presented to the City Council on October 16, 1997 and that copies will be available for the perusal of the Commission. ADJOURNMENT: At this time Chairman Gray adjourned the meeting at approximately 8:15 p.m. Respectfully, Lula M. Leonard Planning Commission Secretary CITY CLERK-TREASURER 7