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98 APR 13.docCITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 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, Lester Piggee, Mark Perry, and John Hardwick answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT EIGHT (8), ABSENT (0). (One opening on the Planning Commission) Others present for the meeting were Mayor Tommy Swaim, Steve Ward, City Attorney Robert Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Marci Wilson, Public Works Director Murice Green, Glen Keaton representing Bond Engineering, Mickey Anders of the Chamber of Commerce, Richard MaGee from Metroplan, Aldermen: Howard, Smith, Fletcher, Wilson, Keaton and Elliott, Representative Pat Bond and Engineer Tommy Bond, Attorney Ben Rice, Mr. Thad Gray Chairman of the Jacksonville Waterworks, petitioners, interested citizens, and a member of the press. DEVIATION IN AGENDA: PUBLIC HEARING 7:00 P.M. Chairman Gray requested that those desiring to address the Commission sign the list prepared by the office of the City Clerk and present it to the same. He expressed that the public hearing is open for comments from the general public with regard to AICUZ as it relates to Land Use within a five-mile area west and north of the City of Jacksonville which is being studied by the Jacksonville Planning Commission. He said that information from the public will be taken into consideration by the Planning Commission as they work to comply with state mandates. He noted other areas within the City that may need to be changed as well adding that three minutes will be given each speaker and that the Commission will ask questions relating to input given by each speaker. He pointed out that any proposal made by any speaker would be given attention by the Commission making it clear that all meetings of the Planning Commission will be open to the public relating that the Commission would not enter into debate. He announced that at a meeting on Tuesday evening at 7:00 p.m., which is open to the public, the Commission will discuss the information as it prepares a recommendation for City Council action. He related that other business would be conducted at the close of the public hearing. Mr. Gray pointed out that information was brought in before the meeting started at 7:00 p.m. noting that Metroplan provided maps relating to the AICUZ area as more were distributed to the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. audience. He noted that other information sheets were made available adding that he was not privy to the source. Chairman Gray opened the Public Hearing to deal with the AICUZ issue first and continue with Land Use within the City limits etc. The hearing was officially opened at 7:15 p.m. Monday 13 April 1998. Comments regarding the Air Installation Compatibility Use Zone relating to the Land Use Map of the City of Jacksonville were received first. Mr. Lyndon Whitledge of 103 Revere Court in Jacksonville declined to speak at this time. Mr. Don Bowman of 16 Mohave, Sherwood, Arkansas related that he has four properties in the area affected by the AICUZ area, one being in APZ 1. He noted that there was one death in about 1960. He said that he is not being compensated and that the action is very unfair. He said that the City has been advantaged with revenue from the LRAFB without spending anything. He said that any action in land control is very unfair. The Commission did not have any questions for Mr. Bowman. Maurice Johnson 5419 T.P. White Drive passed without comment. Mr. John McCaleb 4600 Annette Lane voiced that he is president of the Pulaski County Property Owners Association and that private property is being taken for government use without compensation to the private property owner, which he opposes. He pointed out that the City will be setting itself up for serious liability claims by property owners. He suggested that some proposal be developed to pay property owners compensation. He related that people who live in the APZ areas feel the risk is worth taking as far as safety is concerned adding that there is no reason to take their property. He voiced that he did not feel the LRAFB will be closed unless there is action with reference to restricting property owners and that people need to be compensated. He said that it is wrong for the City to take property from people who do not get to vote in the City of Jacksonville. There were no questions from the Planning Commission. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. Susan Leatherwood of 6412 Green Road, said that she does not live anywhere near Jacksonville, that she lives near Mablevale adding that she lives in the flight path of the regional airport and that she figures if it is done here, it will come her way. She said that citizens can't afford to give their land and use thereof just because the City decides it is a good idea to save the citizens from themselves. She said that folks who live in the City need to deal with the City and those outside the City take care of their property. She related that her property was bought from the Indians and that her family enjoys watching aircraft fly over the trees. She added that she does not want anybody telling her what she can and can't do or how many relatives can be invited to her six acres. There were no questions by the Planning Commission directed to Mrs. Leatherwood. Ann McCaleb of 4600 Annette Lane, southeast of Mablevale, Arkansas voiced that she lives over by Arch Street Pike. She said that the Air Force planes fly over her property at times and that she enjoys the same. She asked that the Planning Commission consider the State and Federal Constitutions which both state that you will not take property without just compensation to the owner of said property. There were no questions from the Planning Commission. J.W. Huffman of 8807 Fortson Road voiced that he opposed restrictions to rural property and requested an explanation of what is going to be done. He asked that it be explained. He related that he is on the border line of the 5-mile border. There were no questions from the Planning Commission. Nancy Jones of 6333 Madru voiced that she is opposed to any taking of property that has been in her family since 1963. She said that the value of her property is being defaced and that the City is not trying to compensate the property owners. She voiced concern for subdivision development. She said that she is in APZ 1. There were no questions from the Planning Commission. Tom Madru of 110 Jenni Leigh related that he had no notification of the meeting before 10:00 a.m. on 13 April 1998 and questioned why. He said that he does not understand statistics noting that the CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. crashes are not out there right now. He questioned whether more and bigger aircraft is planned for the LRAFB adding that he is aware of the base being good for the City of Jacksonville. He pointed out that he is aware of the City trying to develop subdivisions out there and wondered if the City knows if it is doing the right thing. There were no questions from the Planning Commission. Rodney P. Carrington of 7415 John Harden Drive stated that he did not feel the Planning Commission is going to answer any questions adding that his sentiments are as those who have spoken already in opposition of any action toward the incorporated area. He said that his land was owned by his grandfather, then Mr. Trix Williams, then bought back by his father who worked very hard in a lawnmower shop. He voiced that he does not have a savings account and that Social Security benefits may not be available when he is old enough to collect it adding that he had planned that the inheritance of the land funding some of his old age. He noted that his property is located in APZ 2 at the border east of the base and west of the freeway. He asked that the Commission take into consideration what they are doing to everybody. There were no questions by the Planning Commission. Mickey Anders of 110 Pinehurst Cove noted that the LRAFB, since 1955, has been an economic engine for the City of Jacksonville. He said that the growth the community has enjoyed has been largely because of the influx of people and the economic impact from the base. He said that studies for last year shows an impact for 1997 of 321 million dollars with 70 million of that for Jacksonville alone. He pointed out that news stories in December created a shock for the business people in town. He added that the rumor was not well founded but that the threat always exists. He said that there will be a round of base closing according to Sec. of the Air Force Cohen in the year 2001. He pointed out that encroachment and activity with regard to a five mile radius could affect closures. There were no questions by the Planning Commission. Boyd Gibson of 4507 Maddox Road related that he has property that joins the base on the north within the five-mile radius and that he opposed having his property rights encroached upon. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. There were no questions from the Planning Commission. Janet McKenzie of 7510 McKenzie Road declined to speak. Una Piver of 21006 Hwy 107 voiced that the property owners were being confronted with the problem of control. She related that there is an out of control bureaucracy adding that private ownership of property is the cornerstone on which this country and citizens are insured the inalienable rights of life, liberty and property. She made reference to the United States Constitution, Amendment 5, 1791 which guarantees that no one shall be deprived of life, liberty or property without due process of law nor shall private property be taken for public use without just compensation. She urged the Commission to vote against this extremely dangerous ordinance. It was determined that her property lies in APZ 1. There were no questions from the Planning Commission. Thad Gray of #2 Danbury voiced that there are those present including himself who do not know the intent of the matter or the future meaning to whomever may own property in that area. He said that it is fearful when someone has said there may be a loss of property when there may or may not be, pointing out the biggest fear may be the unknown. He pointed out that the LRAFB has been in operation 40 plus years and has been a great neighbor to the citizens of all surrounding communities and areas. He added that the encroachment to the flight line is the number one issue of any installation of its kind. He said he felt the maps are good in informing people of the danger areas adding that noise and safety are indeed factors and need to be taken into consideration. He complimented the men and women of the LRAFB pointing out that there has not been a fatality in a long time. He added that the overall land use and not zoning is being given consideration. There were no questions from the Planning Commission. Lyndon Whitledge of 103 Revere Court expressed concerns since December 9, about the proposal, published in the Arkansas Democrat-Gazette, of the Planning Commission. He voiced that he has had a problem getting someone to say that the Church he pastors is not in this zone. He also related that he has had a hard time finding out what is going on. He said that in this law that they passed, it CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. says that everything is going to be according to AICUZ volumes 1, 2, and 3 which he has not seen the outside cover of. He said that every newspaper comes out with a different headline and that one of his biggest problems is it says that there's no public assemblies allowed which to him meant no church noting that disturbed him. He said that he was also disturbed that zone changes could take his church in. He pointed out an article by Richard Magee in which was pointed out that apparently no public assemblies meant that there were to be no amphitheaters. He said that he don't know what is going on and has tried very much to find out for three months. He voiced that he had received a letter from the City Attorney that said the City is not trying to take anybody's property. He read from Black's Law Dictionary, which he alluded to as an authority, which states that there is a taking of property when government action directly interferes and substantially disturbs the owners use and enjoyment of the property. To constitute a taking within conscious limits is not essentially thereby physically seizing or appropriating may be actual or material interference with private property rights. He gave an example of the noise of jet airplanes in process of taking off and landing can amount to the taking or damaging of property for which the constitution requires that compensation be made. He said that also taking of property is affected if application of zoning laws denies property owners the economical value use of his land which can consist of preventing best use of land or extinguishing fundamental attributes of ownership. He added that to him this is serious. There were no questions from the Planning Commission. Chairman Gray asked Mr. Whitledge if there was anything he said that he would like to change. Mr. Whitledge said he didn't think so. Chairman Gray asked for anyone who wished to speak to come forward. Charles Kent of 6011 Peters Road related that his property is on the edge of APZ 2 and said that most of the problem that the people in north Pulaski County have with the issue is that they will come under the jurisdiction of people that they did not elect to govern them. He said that everyone understands the importance of the Air Base to the City of Jacksonville economically, etc. He said that with what is going on his property values on reassessment tripled. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. He said that he is wondering if the zones go in if he is going to pay less in property taxes, because it will affect property values. He said that property owners are aware of the planes and that everyone accepts the noise and that they are grateful for concern for their well being but that the Commission don't have to listen to them because they are not elected by the property owners. There were no questions from the Planning Commission. Chairman Gray stated that the five-mile area is posted on the map inside the Council room as a question was posed to identify it. Maurice Johnson of 5419 T.P. White Drive wanted clarification with regard to the five-mile radius on a map which was distributed to the audience. He questioned what information is available to potential buyers at the time property is sold. There were no questions from the Planning Commission. Pete Sisson of 1035 Maddox Road verbalized that the map shows that his living room is in a zone but that the bedroom is not. He contradicted concern about approaches on the air base adding that in about 40 years, that he has been in the military, two of three were taken over and made municipal airports. He said that about two years ago the City tried to sneak through annexation noting a budget survey by the Fire and Police Departments with regard to servicing that area. He said that he tried to contact the Planning Commission and got absolutely nothing and that a friend on the City Council got nothing adding that the only person, after three days of calling, was Mayor Swaim. He expressed appreciation for the visit from the Mayor. He said that this is not about the safety of the air base adding that he has been a licensed pilot since 1967 flying out of Little Rock, North Little Rock and general aviation is a lot less safe than LRAFB. He said that he has flown military aircraft and has been associated with the military for 27 years. Eventually, he said the City will try to annex property and that is what this is about. He said that when he read in the paper last year that the City annexed the air base it is supposed to be over law enforcement jurisdiction. He said that he is a retired deputy sheriff and that he never had jurisdiction outside that air base. He said that they called him anytime and there was no place on the air base they CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. could go. He said he understood it was divided, they never had a problem, that Security Police always called them, so that was just another ploy for Jacksonville to annex the whole base which gave the a City an access to Hwy 107. He said that he did not know why the City of Jacksonville could not be honest with everybody. There were no questions from the Planning Commission. John McCaleb, who had previously spoken, related that the property owners outside the City believe that the air base is good for the community and makes it a lot of money and that is another reason why the owners believe they should be able to compensate the people for the loss of their property. AT THIS POINT THE ISSUE OF CHANGING THE LAND USE MAP WAS GIVEN CONSIDERATION BY THE PLANNING COMMISSION. Chairman Gray stated that heretofore the City of Jacksonville has had a land use map explaining that in perusing the map the Planning Commission is trying to envision, without stating specific zones or subzones, future development in the community. He pointed out that currently there are agricultural, residential, commercial, and industrial manufacturing use. He noted that the map has been in force but needs revision as does every good plan. He pointed out that the AICUZ has not been planned before relating that it is like but different to the Land Use Map in place for the City of Jacksonville. Phillip Carlisle of #8 Foxhunt Cove stated that he is on a concerned citizens coalition but is not speaking for them. He requested that the Planning Commission look carefully before putting any sort of housing, convenient stores or anything of like nature close to a chemical plant. There were no questions from the Planning Commission. Hank Craig of 1100 Redmond Road said that he felt the Commission should consider possibly multi-family or commercial use of land in what is today the industrial section of the City. He said that one of the things really going for it is a well defined industrial area. Commissioner Piggee asked if Mr. Craig was interested in residential over industrial or vice versa. Mr. Craig stated that his request was that residential and industrial areas not be mixed. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. There were no other questions from Planning Commissioners for Mr. Craig. John Farrell of #18 Kaye Lane pointed out some things regarding Ashland Chemical Co. with respect to the Industrial Park. He said that the plant was built in 1973, with an investment of 2.5 million dollars at that time. He added that the value of the facility now is about 10.6 million with an increase in employees from 28 to 50 and a 2.8 million dollar payroll. He added that the total expense budget is approximately 6.6 million and that they are aggressively seeking expansion in the neighborhood of 15 to 20 million dollars. He said that Jacksonville is strongly being considered due to the Industrial Park noting that if it is changed senior management will take a whole different view. He said that 18 acres was acquired a year ago in anticipation of the expansion. He requested that the zoning remain industrial. There were no questions from the Planning Commission. Larry Hamsher of 2800 General Samuels Road pointed out that public record defines part of the public hearing is rezoning the property at the corner of Redmond Road and General Samuels. He noted that he lives in the Woodland Hills Subdivision as he presented a petition of 98% of the property owners there who opposed the rezoning. He said that in previous meetings questions were asked by Mr. Hartwick with regard to impacting industry. He said it would amount to 15 to 20 million dollars. He said that the neighborhood would like to make it perfectly clear that they embrace any kind of development within the City of Jacksonville, but that they don't embrace being told that a buffer is needed between the industrial zone. He said that they consider the industrial zone a buffer between the City. He pointed out that the closest convenient store is about a mile away and that is the way they want it to be. He said that all development is embraced by the property owners, Mr. Lemmons included, however, the eleven acres impacts far more than the Woodland Hills neighborhood. He said that Mr. Magee, at one of the last meetings, said that it was a real caveat and asked the Commission to look at broader issues. He said that if the Commission allows the rezoning to take place as it is proposed, it will be subject to deal with another person coming on down the line wanting to do the same thing. He related that he had talked to Preston Robinson who related that he wants to keep the area industrial. There were no questions from the Planning Commission. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. Mickey Anders of 110 Pinehurst Cove appealed to the Planning Commission to keep in mind the intent of the Industrial Park and provide adequate land for industrial recruiting. He listed three goals for the City as suggested by Phil Sullivan, past Economic Development Director; (1) find land for industrial growth, (2) find and develop 100 acre parcel for industrial use and (3) find and develop a second 100 acre parcel for industrial use which parcel will contain fiber optics for high tech industry. He requested the following; (1) help in finding the 100 acre blocks noting that the industrial land at this point is rather limited, (2) the whole issue of support for existing industry, (3) look after the protection and health and safety of the residents, keeping them clear from industrial areas. There were no questions from the Planning Commission. Mayor Swaim expressed concern that answers have not been given to questions knowing that there is a process and that questions will be answered at the meeting on April 14, 1998 at 7:00 p.m. Chairman Gray asked if Mayor Swaim had comments on the industrial area. Mayor Swaim said that he did not. At this time land use in other areas was given consideration. Pete Sisson of 1035 Maddox Road declined to speak on the issue. Attorney Ben Rice spoke to the Commission representing the Air Park Museum noting that a request has been submitted to rezone eighteen acres pointing out that on the Land Use Map the property is shown to be residential and that the requested rezoning is for commercial classification. He gave the location of the property as west of Ole South Pancake House and south of Vandenburg Drive adding that a developer has options on approximately six parcels of property all properly zoned except the eighteen acres owned by the Air Park Museum. Chairman Gray asked if the eighteen acres joined commercial property. Mr. Rice replied that it did and that the request is for commercial status on the Land Use Map as he displayed the location of the property on a map. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. Chairman Gray closed the Public Hearing at 8:25 p.m. Chairman Gray explained that questions will be given consideration by the Planning Commission pointing out that input from the public hearing will help in arriving at recommendations to be passed to the City Council for their approval or denial. He said that hand-outs with information regarding a state law was made available at the beginning of the public hearing and information was provided regarding the AICUZ study as well. He related that the law has requested that the Planning Commission follow the AICUZ study in passage of an ordinance with regard to the five-mile jurisdiction of the City of Jacksonville. He pointed out that he had discussed with Mr. Whitledge, at length, information and questions that the Commission needs to hone out expressing appreciation for the same. He said that the final result should be brought back at another public meeting which is being worked on before presentation to the City Council of a recommendation, which he added, will be published. Chairman Gray announced that after a five minute recess, the meeting would reconvene. The meeting reconvened at approximately 8:35 p.m. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Perry moved, seconded by Commissioner Piggee to approve the minutes of the Regular Planning Commission Meeting of March 9, 1998. MOTION CARRIED. Commissioner Walker moved, seconded by Commissioner Hardwick to approve the Annual Report of the Jacksonville Planning Commission for the year 1997. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: There were no requests submitted. REQUEST TO APPROVE PLAT: FINAL PLAT/JAMESTOWN SUBDIVISION (Bill of Assurance) A map of the subdivision was viewed by the Commission. City Engineer Reel reported that he had received verbal approval from the Wastewater Utility that all repairs have been completed and that a letter is forthcoming. He added that everything else meets the final stipulations of the City. He requested that it be listed in the general notes on the final plat that any house on a CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 7:00 P.M. - 8:50 P.M. corner lot (being 18 and 19 of the Jamestown Subdivision Final Plat) not be allowed to face the side lot setback line which would be less than twenty-five feet. Chairman Gray suggested that said notification be included as a part of the Bill of Assurance as well. Commissioner Corroum moved, seconded by Commissioner Piggee that the FINAL PLAT of Jamestown Subdivision be approved as submitted with the following stipulation that homes built on corner lots 18 and 19 will not be allowed to face the side yard setback and that said stipulation be indicated on the plat and in the Bill of Assurance. MOTION CARRIED. PRELIMINARY PLAT FAIR OAKS SUBDIVISION PHASE 11 Glen Keaton, representing Jerry Smith, voiced that since the Planning Commission last viewed the map he had moved the street right of way down to the south and increased the size of the culdesac to a 60 ft. radius. He added that the same, that a house will not face side yard setbacks and Main Street, will be indicated on the plat and in the Bill of Assurance. Commissioner Walker moved, seconded by Commissioner Nixon to approve the Preliminary Plat as presented with the following stipulation; that homes built on a corner lot will not face the side yard setback and will not have entrance on Main Street and will be written on the plat and included in the Bill of Assurance. MOTION CARRIED. GENERAL: ANNOUNCEMENTS: Chairman Gray expressed appreciation to the Commissioners for their dedication and encouraged them to study information received at the public hearing noting that a recommendation to the City Council might be possible as far as Land Use from the meeting scheduled for 7:00 p.m. 14 April 1998. ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 8:05 p.m. Respectfully, Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER Planning Commission Recommendation(s) to the City Council REGULAR PLANNING COMMISSION MEETING APRIL 13, 1998 REQUEST TO APPROVE PLAT: FINAL PLAT/JAMESTOWN SUBDIVISION (Bill of Assurance) A map of the subdivision was viewed by the Commission. City Engineer Reel reported that he had received verbal approval from the Wastewater Utility that all repairs have been completed and that a letter is forthcoming. He added that everything else meets the final stipulations of the City. He requested that in the general notes it be listed on the final plat that any house on a corner lot (being 18 and 19 of the Jamestown Subdivision Final Plat) not be allowed to face the side lot setback line which would be less than twenty-five feet. Chairman Gray suggested that said notification be included as a part of the Bill of Assurance as well. Commissioner Corroum moved, seconded by Commissioner Piggee that the FINAL PLAT of Jamestown Subdivision be approved as submitted with the following stipulation that homes built on corner lots 18 and 19 will not be allowed to face the side yard setback and that said stipulation be indicated on the plat and in the Bill of Assurance. MOTION CARRIED.