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98 AUG 10.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. OPENING REMARKS: Chairman Bart Gray opened the meeting expressing appreciation for those in attendance and requested roll call. ROLL CALL: Commissioners: Bill Corroum, Rudy Reid, Bob Walker, Lester Piggee, and John Hardwick, answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT FIVE (6), ABSENT (2). (ONE opening on the Planning Commission) Others present for the meeting were Mayor Tommy Swaim, City Attorney Robert Bamburg, City Clerk Lula M. Hawkins, City Engineer Duane Reel and Marci Wilson of the Engineering Department, Aldermen: Kenny Elliott, Larry Wilson, Phil Keaton, Reedie Ray, Gary Fletcher, Marshall Smith, Attorney Mike Wilson, Mr. Thad Gray, Mr. Lucian Gilliam, LRAFB Engineer, Mr. Richard MaGee of Metroplan, Mr. Dennis Sobba, Visitors and property owners in the five-mile planning area of the City of Jacksonville, Petitioners, and Editor John Parham of the Jacksonville Patriot. DEVIATION IN AGENDA: 7:00 PUBLIC HEARING PROPOSED ORDINANCE RELATING TO THE AICUZ OVERLAY DISTRICT in the Jacksonville Planning Area Chairman Gray welcomed those in attendance pointing out that there have been previous meetings regarding the creation of the proposed ordinance. He read from State Law, Act 530 of 1995, to clarify the authority of first class cities which have an USAF active duty military installation lying wholly and partially within the city limits with regard to its five-mile planning jurisdiction and for other purposes. He related that the Planning Commission has gone through a series of meetings over the last year in efforts to formulate an ordinance in keeping with the requirements of the law. He said that the Jacksonville Planning Commission and the County Planning Body have met and reviewed the act and determined that the Jacksonville City Council should go forward to enforce the act. He said that the second part of the process has been to get involved with Metroplan, the City of Sherwood and the City of Cabot as related to planning boundaries, etc. He related that the first public hearing was in April of 1998 and that since that time there has been a series of eight meetings all of which have been geared to receiving input from the public. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. He pointed out that there has been a revision to a draft ordinance presented in the month of July. He introduced Mr. Richard MaGee from Metroplan who made note of a map displayed on a wall in the Council Chamber showing planning boundaries relating to the Cities of Jacksonville, Sherwood, and Cabot. He pointed out that the five-mile planning area boundary is allowed under Act 186 of 1957. He mentioned negotiated agreements between the three cities because Act 530 of 1995 includes some of that area that is closer than five miles. He explained that there is an annexation issue in which the City of Sherwood is involved which may modify the western boundary. Chairman Gray pointed out that some of the material used in the process has been the AICUZ Study as he introduced Mr. Lucian Gilliam Deputy Base Civil Engineer at LRAFB. Mr. Gilliam pointed out two AICUZ studies, one in 1977 and another in 1992 and related that the a change in planes being used by the Air National Guard negated the second study. He said that every year it is required to see if any significant change has taken place which would necessitate doing another AICUZ Study. He added that there has not been pointing out that at present there is 86 aircraft at the base. He related that the AICUZ Study is based on two things, noise levels and accident potential zones. He noted that the Clear zone, as stated in a citizens brochure with regard to the AICUZ Study, is the most hazardous. He said that the LRAFB owns the clear zone, which is 3,000 feet long and 3,000 feet wide, on both ends of the runway. APZ I, he read, possesses significant potential for accidents and APZ II, beyond APZ I, has reduced potential for accidents. He stated further that the brochure points out that land use planning and controls are strongly encouraged for the protection of the public and the investment of the Department of Defense of the airfield and the base. He said that apartment dwelling in said area might be looked at adversely by the Air Force. He said that thinly populated areas is desired. He brought out that height regulations criteria as contained in FAA regulations Part 77, sub-part c, adding that it is part of state law and will be part of the proposed ordinance. He said that height limitations are very reasonable as he mentioned a cell tower located at Jack's Bayou which is estimated to be 140 feet. He related that there is 270 feet of leeway between the top of 2 that tower and FAR Part 77. He said that there are no known violations with regard to height in said areas. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. Chairman Gray said that expressed concerns have been with regard to homeowners trying to locate their parcels of land. He introduced City Engineer Duane Reel to address the item of business. He related that Bond Consulting Engineers has been hired in efforts to make landowners aware of the areas affected in the planning area. He pointed out markings which have been done on pavements on different roads, when possible, to show the location of APZ zones I and II. He said that a metes and bounds legal description, bearings and distances, will be included with the proposed ordinance at its passage. Chairman Gray stated that the process has been very educational and introduced City Attorney Robert Bamburg who read the revised draft ordinance. Chairman Gray pointed out, after a question from the audience regarding residences in the clear zone, that there is only one at the most. After the reading, Chairman Gray opened the public hearing at approximately 7:40 p.m. requesting a four-minute time limit for each speaker. He asked that only those persons owning property or living within the boundary be the first to speak. Mr. Bob Johnson, 1902 Madden Road, voiced that he felt the purpose of the ordinance is to protect the lives of military personnel but citizens as well. He said that the draft ordinance does not appear to change land use at present, and noting the reduction of people in the Air Force is far greater than the number of bases that have been closed. He added that the LRAFB needs to be protected as well as citizens living close to it. Mr. Tom Cory, P.O. Box 425, a property owner in Jacksonville, President of the Jacksonville Chamber Foundation, a non-profit organization that has a contract with the City of Jacksonville to manage and create jobs on land that is owned by the City. He said that the organization tries to assist local industry in their economic development and to work with them in solving problems affecting their operations. He said that is a definitive direction on industry recruitment 3 mentioning smoke stack industry as an undesirable as well as electronic equipment affecting navigation systems be compatible with local industries. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. He related that the LRAFB is the largest industry in job creation and economic impact, the City is vitally interested in their needs. He said that the Chamber Foundation is in definite support of the ordinance. Mr. Bruce Richards, Jansen Rd., residence in Approach Zone II, asked about maintaining a stock pond. Chairman Gray said that the wording in the ordinance does not preclude anyone from putting in a stock pond. Mr. Richards, requested an example of what 75 db would be. Chairman Gray pointed out that there is no 75 db levels currently outside the air base and/or clear zone. Mr. Richards questioned whether or not the LRAFB would be penalized with regard to going outside altitude regulations. Commissioner Corroum responded by saying that noise complaints can be lodged with the LRAFB through normal channels and appropriate action can be taken. Mr. Mike Wilson, Military Road, commented that he sponsored the Act that requires an ordinance to be adopted by the City Council through concern regarding base closures. He related that 134 other people, beside himself, stood for the ACT as well as the governor who signed it. He related that he felt the ordinance is consistent with the Act and that no present land use is affected. He pointed out that future use that would inhibit safety or endanger air crews and members of the public is set forth in the Act 530 and the ordinance adding that the reasonable uses will not injure any property owner in any way. He suggested that interest in the future of the Air Base and the protection of property owners result in a reasonable and sensible alternative as the draft ordinance. Mr. Don Bowman, owner of six pieces of property, one in zone I, one in the five mile and the remainder not affected, stated that he feels Mr. Wilson has personal interests. He suggested that 4 noise levels are more than 75 db's. He pointed out a recent annexation by the City was contrived and that not one person lives on the acreage and questioned that if could be for City Use. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. He related that if the ordinance hinders his intentions for use of his land, he felt there is recourse against the City of Jacksonville. He said that he felt that there are a lot of unknowns with regard to an overlay district, "takings", etc. He said that he has offered to swap and sell his land adding that he felt there is a direct financial loss to property owners when future use of land is determined in such a manner. Mr. Lyndon Whitledge, 103 Revere Court, voiced that his main concern has been that no churches would be allowed noting that there is Supreme Court action, N.L.R. versus Raines, dated 1967, in which the State of Arkansas lost that says that a state cannot grant greater powers to Municipal Corporations than it possesses. He related that he has listed five federal constitutional things that the draft ordinance violates and eight constitutional questions and five other questionable ones. He added that he has a problem with low intensity and low density phrasing. He noted that the Constitution provides that people have a right to peaceful assembly with no numbers of regulation. He said that this is the largest land grab of its kind that has occurred in the history of the State of Arkansas. He suggested that the City should end at the City limits. He read from Federal Law 3282 dealing with manufactured homes. Mr. Thad Gray, resident of Jacksonville and President of LRAFB Community Council, related that in 1952 the area had an opportunity for Central Arkansas and the whole State of Arkansas to come together in a cooperative manner and seek out and locate a military installation. He pointed out that many people came together and raised 1.2 million dollars to purchase over 6,000 acres west of Jacksonville in Northwest Pulaski County. He said that in 1955 the LRAFB became a reality which is vital to Central Arkansas and the nation adding that many have come and gone, that 5 currently there are 6,000 men and women who serve our country, and that over 12,000 retirees live in the community and over the State. He related that in 1997 the area was impacted over three hundred million dollars with approximately 25% in the Jacksonville area and that the base has an economic impact on area property owners. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. He went on to say that if the base ceases to exist, the effect on local and surrounding property owners will be devastating. He said that in April when the AICUZ Study became public, there was a lot of fear in the unknowns commending those who have been involved in the process in helping to alleviate those fears. He said that records of prior use violation in the areas is not evident at this time. He recommended that everything possible be done to promote and retain such an industry as the LRAFB which is so vital to the area and our country. He noted that at one time nuclear warheads were tolerated but that they no longer exist and urged passage of the ordinance adding that there are no fears in it. He pointed out that he, as a citizen of the area, is representative of over 100 property owners, over 600 housing units, a large acreage tract within a quarter mile of the tall tower mentioned by Mr. Gilliam and that he has no fears of any adverse action in passage of the ordinance. He pointed out that rural properties are also subject to Arkansas Health Statutes as far as sanitation adding that in the areas of low density the ordinance states one household per acre which would be applicable unless there is a public service sewer connection. He said that, in his opinion, he did not see a negative impact in that area of the ordinance. He related that he felt the work of the Commission over the past four months, with input from property owners, has formulated an ordinance which he recommended, on behalf of the LRAFB Community Council, adoption of as presented. Mrs. Susan Leatherwood, a citizen of the County, in another flight path. She related that the fear is the taking away of the use of the land adding that just as cities have the right to plan for their future in extending their planning boundaries, people have the right to plan for their future in buying properties for future use. She added that when land use is taken it should be paid for. She said that taking without paying is stealing. She admonished the Planning Commission not to threaten folks with the closure of 6 a base that already has a 40% reduction in personnel. She said that putting one citizen in jeopardy of losing rights for the sake of anybody else you've said that the citizen is not equal adding that it is not fair. She said that if it is needed by the City, then it should be paid for by the City and if not, the ordinance should not be passed. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. Mr. David Lee, Chairman of the Property Owners Association in the Runion Community, stated that he feels most people want the air base to remain noting that it has helped the economy for many years. He said that the Commission has done a good job but that he did not feel it is complete yet. He said there are several places too far from the AICUZ Study with regard to 3,000 feet on either side of the runways and 15,000 feet on either end of the runways, roughly 2.3 miles. He noted that where the jurisdiction lies should be figured out, that we work under federal mandates and not city or state mandates. He commented on JMC 18.66.030 relating to the one household per acre. He added that he feels in the Clear Zone and APZ I the ordinance is on target, in APZ II needs to be dropped to a quarter or half-mile or go to a ten mile fly zone. He said the AICUZ Study may need to be reworked. He read from the ordinance, g. as long as a use of real property does not provide a hazardous interference with the operation of aircraft within the OD that you shall not constitute a violation of the terms of this ordinance. He said that specifics are very general. He admonished the Commission to work on the ordinance in that whatever is done, the property owners will have to live with as well adding that they are the ones most affected. Chairman Gray read a letter of support, submitted by the Executive Director of the Chamber of Commerce, Mickey Anders, who was unable to attend the meeting. A question was posed regarding the long term viability of the Base which was no one present at the meeting answered. Mr. Larry Wilson, #3 Nixon Drive, said that he would like for the City to look into the possibility of utilizing deed records to designate property that needs to have its homes insulated to proper decibel levels so that anyone buying property in those areas is aware of that and get the City out of enforcement outside 7 the City. He said that the property owners live outside the City for a reason, they do not want to live with the rules and regulations, etc. and that enforcement of such laws don't need to be done by the City of Jacksonville in his opinion as far as the decibel level is concerned. He said that it will be difficult to enforce and that what the City of Jacksonville needs to do is to make people who live in those zones aware that there is air traffic in the zones through deed records. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. A question arose from someone in the audience regarding provisions regarding a time for the ordinance to no longer be valid which was not answered. Mr. Don Fleming questioned what is being done with air force pilots and planes that cannot fly through smoke and over house lights? Chairman Gray closed the public hearing at approximately 8:35 p.m. He asked for discussion from the Commission on terms and provisions of the ordinance. Commissioner Walker noted that the ordinance has been considered by the Planning Commission for a considerable amount of time with much effort to refine it, coming to the conclusion that everyone's interest has been given consideration and that the document before the Commission is ready for action by the City Council. Commissioner Walker moved, seconded by Commissioner Corroum that the draft ordinance before the Planning Commission be presented to the City Council for their consideration or approval. Commissioner Hardwick commented that he was not sure 18.66.040 is needed. He suggested that the enforcement be deleted from the ordinance. Commissioner Hardwick moved, seconded by Commissioner Reid, to amend the draft ordinance by deleting 18.66.040. Attorney Bamburg said that a vote for the amendment takes said section out of the ordinance adding that in Act 530 of 1995 under which formulating an ordinance by the City of Jacksonville was proposed, the set forth the provision. Commissioner Corroum pointed out that there is a legitimate need to insulate structures within those zones which is proven by the fact that several years ago the Air Base did millions of dollars worth of work to upgrade the family housing areas to said 8 standards. He encouraged staying with the State Law, adding that if the Council wants to change the wording in the ordinance they have that option. Roll Call: Commissioners Corroum, Walker and Piggee voted NAY. Commissioners Reid and Hardwick voted AYE. THE MOTION TO AMEND THE ORDINANCE FAILED. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. ROLL CALL ON THE ORIGINAL MOTION WAS TAKEN AT THIS TIME: Commissioners Corroum, Reid, Walker, Piggee and Hardwick voted AYE. MOTION CARRIED. Chairman Gray stated that there will be a metes and bounds legal description that will be referred by map for this ordinance having to do with the Clear Zone, APZ I and II. AT THIS TIME CHAIRMAN GRAY ADJOURNED THE MEETING FOR A 5-MINUTE BREAK. THE MEETING WAS RECONVENED AT APPROXIMATELY 8:53 P.M. Chairman Gray related to the Commission and those persons who were diligent in attending and presenting pertinent information, as well as those who recorded the meetings and represented the City of Jacksonville, his appreciation for their efforts in arriving at this point. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Reid that the minutes of the Regular Planning Commission Meeting of July 13, 1998 and the Special Planning Commission Meeting of July 20, 1998 be APPROVED as presented. MOTION CARRIED. BUILDING PERMITS: 106 Blakely Road City Engineer Reel related that the request is for an addition to a residence in an unplatted area and that the request meets with all setback requirements. It was noted the petitioner is present. In response to a question posed by Commissioner Reid, City Engineer Reel related that it is a matter of housekeeping noting the metes and bounds status. He stated that all clearance requirements have been met. Commissioner Piggee moved, seconded by Commissioner Hardwick to approve the building permit for 106 Blakely Road as requested. MOTION CARRIED. 9 REQUEST TO APPROVE PLAT: a. SKETCH PLAT: Jordon Acres Subdivision Chairman Gray related that the general location of the subdivision is south of Hwy 161 and Trickey Lane. He mentioned that the petitioners are Jim Peacock and Ted Camp. City Engineer Reel related that all items regarding the geometry of the subdivision have been met and that access is off Trickey Lane. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING AUGUST 10, 1998 7:00 P.M. - 9:05 P.M. In response to a question posed by Commissioner Hardwick, City Engineer Reel related that the culdesac radius is 50 feet to the edge. He stated that after consulting the Fire Department the turning radius for the fire truck is 41 feet; taking 82 feet for a complete turn and noting that the culdesac has a 100 foot diameter circle. Commissioner Hardwick moved, seconded by Commissioner Reid to approve the sketch plat of Jordon Acres Subdivision as presented. MOTION CARRIED. b. REPLAT: Lots 5 & 6 Block 10 Town of Jacksonville City Engineer Reel related that the petitioner Habitat for Humanity built a house on the adjacent replatted lots and would like to do the same for lots 5 & 6 which would be replatted to lots 5R & 6R Block 10 Town of Jacksonville. He stated that all utilities are existing. Commissioner Reid moved, seconded by Commissioner Piggee to approve the replat of Lots 5 & 6 Block 10 Town of Jacksonville as requested. In regard to discussion involving the original setbacks, City Engineer Reel related that setbacks and building lines are not shown on parts of the original town plat. MOTION CARRIED. ANNOUNCEMENTS: Chairman Gray related that a joint meeting of Planning Commissioners and the City Council has been scheduled August 27th in the Community Center at 6:30 p.m. with a two hour session on land use and zoning by Richard MaGee. It was related that the meeting is also open to the public. ADJOURNMENT: 10 Chairman Gray adjourned the meeting at approximately 9:05 p.m. Respectfully, Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER 11