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98 APR 14.doc CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. OPENING REMARKS: Chairman Gray reconvened the Planning Commission meeting at approximately 7:00 p.m. 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) Chairman Gray related that the meeting would provide information and asked that any questions for discussion be submitted in writing. He explained that the meeting is a part of the process for recommendation. He introduced Mr. Richard MaGee from Metroplan and invited him to give an introduction as to planning jurisdiction and the AICUZ study. Mr. MaGee stated that the process began when the County Planning Board asked Metroplan in conjunction with Jacksonville review issues regarding the AICUZ study. He related that the issue was prompted when the last legislative session passed a new law that mandated cities that have federal installations implement regulations supporting the AICUZ studies. He stated that while the AICUZ study was passed with the Air Base specifically in mind there are other laws on the books which every jurisdiction must abide by. He said that the planning law was passed in 1957, adding that Metroplan has been in existence since 1955 and has a long institutional memory as far as planning issues. He related that under State planning laws jurisdictions must establish a planning area boundary which basically means to establish a "jurisdictional area" beyond the city limits and controlled in some degree by the ordinances a city enacts. He said that city involvement in unincorporated areas may or may not involve zoning but often involves subdivision regulations and master road plans. He related that as permissive legislation (enacted in 1957) a city has the choice to be involved however if they choose involvement they must establish a "jurisdictional area" along with other requirements. He related that the planning area boundary gives a city the authority to extend jurisdiction up to five miles to institute regulations. He further related that when cities abut one another planning areas may be less than five miles. He pointed out that political boundaries do not prohibit a planning area jurisdiction when being established. He referred to the map and explained that the territory outlined is the new boundaries under the five mile law and accommodations for the AICUZ study. He stated annexation, 1 CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. extending utilities and roadway capacity are some of the reasons a city extends their planning boundaries into unincorporated areas, adding that Jacksonville has historically extended its planning boundaries heavily into North Pulaski County. He offered an overview of the concept and how implementing State Law was to be applied citing a number of intentions ie. an un- intrusive manner with less impact on unincorporated residents but at the same time easily administrated for the City of Jacksonville. He related that while State Law does not prescribe method of implementation it must be in accordance with the AICUZ guidelines, adding that those guidelines are flexible in terms under planning law. He proposed creating an "overlay district" without zoning issues. He pointed out that State law restricts and prohibits uses that would be detrimental to the Air Base and that the proposal would not get into use issues in the unincorporated areas other than what State law provides regarding impact on the Air Base. He stated that under zoning restrictions an individual parcel of land would carry an individual use only, adding that this is not an item of concern for the proposal. He offered that the only concerns in the proposal would not describe individual use for property but State adherence to the regulations under the AICUZ study regarding uses that would detract from the Air Base. He said that it would not preclude development on an individual parcel, adding that while the entire area of the approach zone is "specific" it is not "parcel specific". He said that County property owners would not be as limited under the AICUZ regulations as under a traditional zoning ordinance, adding that AICUZ regulations would not carry as much impact on the individual property owner as a zoning ordinance. He referred to an outlined area on the map depicting the overlay district and pointed out that the City will have to meet all zoning regulations and AICUZ regulations as part of the overlay district. He said that there would be more restrictions in the City limits than the overlay district in the County, adding that this was intended to have the least impact on the residents in the unincorporated areas and still achieve the goal of keeping the Air Base a viable operations center. He concluded his proposal and offered it for discussion to the Planning Commission. Chairman Gray noted members from the County Planning Commission and asked for authority status. Mr. MaGee related that under the County Planning Act the Planning Board, administered by the County Quorum Court, has the authority outside the cities planning boundaries to administer subdivision 2 regulations. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. He related that within the City's planning area boundaries outside the city limits there exist a joint agreement for review. He stated that the City has authority of approval with input from the County is required by State law. He related that the County Planning Board administers a County road plan in the City/County planning area outside the City limits and developers of subdivisions in that area have requirements for developing streets and roads which have been in place for over twenty five years. Questions regarding State laws were answered by Mr. MaGee. Commissioner Hardwick commented on the question raised at the previous meeting dealing with the constitutionality of the State law passed in 1995. He further commented that the Planning Commission is not the forum to address constitutionality of laws feels that the body needs to confine their actions regarding compliance with the 95 Act. He expressed empathy but suggested the Planning Commission proceed with actions they are required to implement. City Attorney Bamburg responded by saying that "to his knowledge there has not been a constitutional challenge to the 1995 legislation". He stated that issues of constitutionality would have to be determined by the Supreme Court for Arkansas. He concurred with Mr. Hardwick, adding that if there was a legal challenge it would need to be address, adding that until there is a challenge the Planning Commission is obligated under State Statute to provide the regulations under the process started. Commissioner Nixon stated that there have been several Supreme U.S. Cases in the last five years that have dealt with new definitions under the taking law and suggested the cases be reviewed to determine if there is any language that would prohibit anything specific the Planning Commission may want to implement. She related that she has requested copies of the cases from the City Attorney for review. Chairman Gray question if the process of creating an overlay district and its terminology with regard to the ordinance, looking at the land use map and zoning as applicable to the area known as the "AICUZ land use area" and perhaps have AICUZ zoning with reference to APZ I and APZ II or clear zone. He voiced well founded concerns by Commissioner Corroum in support of bringing the overlay zone into all areas of Jacksonville but suggested that the unincorporated area be looked at specifically for the AICUZ 3 land use with it being classified as such on the land use map. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. Commissioner Hardwick concurred with Commissioner Corroum in support of bringing the overlay district into all areas of Jacksonville. He questioned if present zoning addresses all issues addressed by the AICUZ study and said that he felt the Overlay district needs to include the entire planning area. Chairman Gray question how it would be proposed that the area be classified on the land use map ie. terminology. He clarified Commissioner Harwick's sentiments by saying that it be proposed that the community as a whole be overlayed with the AICUZ zone with the unincorporated area (where no land use exist) would be the unincorporated area of the overlay district. Commissioner Corroum set forth the objective of our efforts and in the next step discuss the impact on the actions being proposed. He related that it has been voiced in legislation and the study the attempt to avoid land use that would be incompatible with flight operations resulting in potential loss of the Air Force Base. Commissioners Piggee and Reid concurred with concerns regarding the base closing list. Commissioner Walker stated that his interpretation of the law does not offer a choice for the City of Jacksonville, but is a mandate. He concurred with other Commissioners who agreed that the overlay district should extend into all areas of Jacksonville and the unincorporated areas. Commissioner Nixon expressed that in doing so it needs to be in the manner least restrictive to the rights of the land owners in the area. She asked that their rights not be ignored. In response to a request from Chairman Gray, Commissioner Corroum defined the objective to be what legislation dictates. He said that cities should take steps to avoid adversely impacting the ability of the Air Force to carry out its mission. He noted circumstances with other Air Bases where they were "squeezed out" and left with no opportunity to safely carry out their mission. He encouraged continued growth but in a fashion that does not adversely affect the ability of the Air Base mission. Chairman Gray restated the objective and added that the health and safety of the County residents be kept in mind. He related the next step to be procedure for implementation in the least restrictive manner as possible while complying with the law. He 4 pointed out that the law is specific as to what restrictions apply. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. Commissioner Nixon commented on specific restrictions outlined in the ordinance citing the growth of vegetation which might attract fowl and asking how this will be defined. She cautioned about the wording and what could be considered a constitutional taking. Chairman Gray related that the enactment of an overly restrictive ordinance is not the desire of the Planning Commission, adding that the process must begin somewhere. He questioned if wording in a more general context might be a better way to write the ordinance. Commissioner Nixon related the importance of reviewing the cases by the Costal Development Planning Commissions implemented and their restrictive covenants. She related a case from Florida cited as a safety issue but ruled a takings by the Supreme Court. Commissioner Hardwick intent of the law was to enable the City or the Air Base to determine problems if they arise. He related that enforcement was possible only through the cooperation from the residents of the County, adding that there is no "enforcement arm" in the County. He stated that a bigger problem than the takings law is an occurrence which might cause the Base to close. He stated that "we need to empower the legislation that we have, for the jurisdiction that we have the best we can". He called for a practical plan that would only restrict the use of the land to the extent that it inhibit Air Base operations. Commissioner Nixon commented that as an attorney she did not want to proceed with action considered unnecessarily antagonistic and becomes a court matter immediately. She stated that while it is important to protect the Air Base, it is equally important to protect the residents. Commissioner Walker supported enacting the law with regard to operation of the Air Force Base and mentioned the concerns of the residents in the County regarding their rights. He related that creating specifics in some areas would take a lot of time and suggested it be left "general enough in nature so that it is not as much of a heartache for everyone". Commissioner Hardwick stated that issues to be addressed should include information to tell residents where their parcels are located, consideration for method of enforcement. He related that there is "no plot to annex" the area. He suggested that included 5 in the recommendation information be given to the City Council as to how to identify the zones, what restrictions apply to those areas. He then suggested that in that same language a clause to grandfather existing and future circumstances be addressed. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. Chairman Gray stated that most questions are predominate to the approach zones, adding that his thoughts are to begin in general or specific form and work our way back from there. He related that as far as working through the discussion, Commissioner Nixon has legal questions and legal suggestion to consider a proposal in the ordinance to be specifically like it is written in the law. Discussion ensued as to the support of a grandfather clause and land parcel maps for public information purposes along with the dimensions of the approach zones. City Attorney Bamburg reminded the Commission that the Bill from the 1995 legislation provides authority to look at restrictions of future use. He related that the AICUZ study provides for future use not current. Chairman Gray requested that copies of the detailed AICUZ study be provided to all Commissioners. He pointed out the approach zones on the map and related that his understanding is that all of the clear zone is located on Air Base property. Discussion ensued as to the necessity of a grandfather clause if the AICUZ study only addresses future use. Commissioner Corroum stated that he feel it to be necessary when talking about sale of property and the use is not changed it should be grandfather. Chairman Gray related that in many instances a use variance is not transferable, adding that it will need to be addressed. He related concerns by many of the churches in the areas and specifically how their growth may be affected. Commissioner Hardwick stated that his interpretation of the law did not intent to prohibit the growth of churches. Commissioner Corroum clarified that suggested wording in the AICUZ study are meant to suggest guidelines. Chairman Gray related that while the law passed is specific in certain areas, "we need to do our best to take care of the people" and come up with "a common sense approach" using guidelines that may not be exact but the motivation will be to try and follow it. Commissioner Corroum related that the Federal Aviation Regulation 6 (FAR) serves as the basis of the study and states that it restricts flight to 1,000 feet from open air assembly, whereas it provides for 500 feet outside an incorporated area. He stated that the point is to follow the FAR's and safety concerns for congregations. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. Chairman Gray posed the question of restrictions for future congregations. Mr. MaGee stated that guidelines in category 71 prohibit churches and cultural activities in approach zones I and II with a foot note for zone II stating that you have to apply a population density formula before it can be determined if the area can have a church. He related that the density formula refers to a number of people per hour on an acreage basis. He indicated that this information is found on page 17 of volume II. In response to a questioned called from the audience, Chairman Gray related that there are no problems for a business in the discussed area. He stated that there has been no discussion that has occurred which dealt with prohibiting the running of a business for property owners in the area. He reiterated that the intention is not to restrict the use of the land in that regard. He related that the land owners in zone I and II have a greater concern as to how it is worded and worked out, adding that it is not the intention to change property owners rights to do with their land what they want. Commissioner Nixon stated that adoption of the land use on the compatibility chart is in direct conflict with State Statutes, citing that it calls for no residential in APZ I while the Statute says to restrict residential one per acre. She stated that any conflicts would need to be dealt with. Commissioner Hardwick pointed out that the General Assembly said to follow the AICUZ study but made the decision not to prohibit residential in any zone other than the clear zone which is not private property. It was noted by Commissioner Nixon that the less restrictive interpretation allowing for residential would be more reasonable. She noted that restrictions for business, public assembly, and shopping districts are mentioned in the AICUZ study but not mentioned by the Statute. Chairman Gray clarified that outside the approach zone I and II you can run a business but you cannot have a smoke stack. He stated that the Planning Commission is not trying to dictate to businesses unless it impacts airplanes. It was noted that grandfather businesses can change ownership as long as the primary 7 character of the operation does not change. In response to a comment from Commissioner Piggee, Chairman Gray noted that the way the law is written it would require our City Code Officers to insure compliance with building codes. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. Commissioner Hardwick stated that after generally adopted, enforcement may be a problem because of man power. Commissioner Walker read from the Bill section two as follows "the ordinance shall not prohibit single family residential use on tracts an acre or more in area, going on to day that future construction will comply with guidelines for the sound insulation of residents close to air craft operations, which construction shall be regulated and inspected by the city existing building permit inspection ordinances and procedures". Chairman Gray asked for questions from the audience. Mr. McCaleb of 4600 Annette Lane said that in big cities the airports are located in the middle of residential, which is a lot more dangerous that what is here. He said that it would restrict the residents a tremendous amount. He asked that readings be from the complete AICUZ study not the synopsis. He asked the Planning Commission to read from the AICUZ study Volume I, page 14, figure 4 regarding what it allows. Mr. Pete Sisson of 1035 Maddox Road stated that the Bill drawn by Mr. Wilson is for the City of Jacksonville and is so ambiguous, he wanted to know who will make the regulations and set forth. Not just a question of who is going to do what, but who is going to enforce it? He stated concerns for copies provided to everyone in ordinance form. City Clerk Lu Hawkins informed the audience that when passed by the City Council it will be advertised in the news paper by law. Chairman Gray said that copies of the ordinance will be sent to interested parties. He stated that the Planning Commission is trying to work through the process and giving it a great deal of consideration to residents concerns, but also complete what the law has asked be done. Mr. Don Bowman of 16 Mohave (Madrud Road) said that a law is good as long as it has a penalty for non-compliance, asking what is the penalty for non-compliance with the State law? 8 City Attorney Bamburg related that in review of any of the State Statutes for municipal compliance failure to follow or handle properly the individual can be subject to charges of malfeasance or misfeasance of office depending on what the circumstances are. He stated that there are no specific penalty provision in this CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. particular legislative act but that does not mean it is not subject to a malfeasance or misfeasance of office action. Commissioner Corroum commented that the penalty for non-compliance in the worst case based on twenty-three years of flying operations experience at all levels could be when people get into the wrong place at the wrong time a terrible air craft accident could take place. Mr. Robert Mathews questioned depth of enforcement as compared to the enforcement in the City? Chairman Gray responded that the general conception regarding new construction would be enforced like it is in the City. Commissioner Nixon noted that this deal with sound insulation requirements and commented that she does not read this as a strict compliance with City codes. Ms. Una Piver of 21006 Hwy 107 questioned the planting of crops, trees and etc. fish ponds, lakes, creeks, etc. that attracts birds and where it will end? If you are a City Planning Commission why are you worried about the County? What about migratory birds? Chairman Gray noted that these will be items for discussion. Mr. Lydon Whitledge of 103 Revere Court stated that he has concerns for the church he pastors after studying the different maps. Chairman Gray plan a system to get through on a reasonable timely basis such that everyone knows when it will be discussed. It was noted that copies of the full AICUZ study would be provided to the Commissioner before going further. Chairman Gray invited Mr. Ben Rice to address the Commission regarding the request to rezone property to commercial from R-3. Mr. Rice related that the property adjacent to the south and east is zoned C-3, noting that all property to the east of Bailey Street is commercial excluding this parcel. 9 Chairman Gray clarified that the request before the Commission is to consider a change on the land use map from residential to commercial. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. Mr. Rice related that a company from Jonesboro is designing a commercial development, adding that the property is essential for that development. He stated that it would be a very nice development for the City of Jacksonville. In response to a question posed by Commissioner Hardwick, Mr. Rice related that the property is located between Baseline and Vandenburg. Mr. Rice related that the Museum owns the property and efforts with developer to develop the property along Baseline up to the property with access from the freeway to the Air Park Museum. Chairman Gray related that if recommended for a commercial change the Planning Commission will address specifics when the rezoning is presented. Commissioner Hardwick moved, seconded by Commissioner Piggee to recommend to the City Council amendment of the Land Use Map to reflect this tract of land as commercial. In response to a question posed by Commissioner Piggee, Mr. Rice related that the area is not populated presently, adding that of the thirteen acres three of which is in the flood plain. At this time MOTION CARRIED. Commissioner Walker moved, seconded by Commissioner Piggee that there be no additional changes in the Land Use Map for recommendation at this time. MOTION CARRIED. Chairman Gray expressed appreciation to Commissioner Nixon regarding her insight and helpful background as an attorney. He related that besides City Attorney Bamburg, Commissioner Nixon will be "our Planning Commissioner" in charge of helping the Commission gain a better understanding. Discussion ensued as to the time frame for obtaining copy material with time allowed for review of said material after a short consideration the general consensus was to schedule the next special meeting for 27 April 1998 at 7:00 p.m. 10 Discussion ensued as to considerations for a draft ordinance. It was noted that the 1992 version of the study is the most current. Commissioner Reid asked that the public be notified when meetings will be held. CITY OF JACKSONVILLE, ARKANSAS SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 7:00 P.M. - 8:55 P.M. Chairman Gray adjourned the meeting at approximately 8:55 p.m. Susan L. Davitt Deputy City Clerk 11 Planning Commission Recommendation(s) to City Council SPECIAL PLANNING COMMISSION MEETING APRIL 14, 1998 Chairman Gray invited Mr. Ben Rice to address the Commission regarding the request to rezone property to commercial from R-3. Mr. Rice related that the property adjacent to the south and east is zoned C-3, noting that all property to the east of Bailey Street is commercial excluding this parcel. Chairman Gray clarified that the request before the Commission is to consider a change on the land use map from residential to commercial. Mr. Rice related that a company from Jonesboro is designing the commercial development and that the property is essential for that development. He stated that it would be a very nice development for the City of Jacksonville. In response to a question posed by Commissioner Hardwick, Mr. Rice related that the property is located between Baseline and Vandenburg. Mr. Rice related that efforts with the developer are to develop the property along Baseline up to the Museum property with access from the freeway. Chairman Gray related that if recommended for a commercial change, the Planning Commission will address specifics when the rezoning is presented. Commissioner Hardwick moved, seconded by Commissioner Piggee to recommend to the City Council to amend the Land Use Map to reflect this tract of land as commercial. In response to a question posed by Commissioner Piggee, Mr. Rice related that the area is not populated presently, adding that of the thirteen acres, three are in the flood plain. At this time MOTION CARRIED. 12 Commissioner Walker moved, seconded by Commissioner Piggee that there be no additional changes in the Land Use Map for recommendation at this time. MOTION CARRIED. 13