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98 JUL 13.docCITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 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, Dana Nixon, Bob Walker, Lester Piggee, Mark Perry, and John Hardwick, answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT FIVE (5), ABSENT (2). (ONE opening on the Planning Commission) Others present for the meeting were City Attorney Robert Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel and Marci Wilson of the Engineering Department, Aldermen Kenny Elliott and Terry Sansing, Petitioners, and Editor John Parham of the Jacksonville Patriot. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Piggee moved, seconded by Commissioner Hardwick that the minutes of the 8 June 1998 Regular Planning Commission Meeting meeting and the 22 June 1998 Special Planning Commission Meeting be APPROVED. MOTION CARRIED. PUBLIC HEARINGS: 7:00 P.M. a. Conditional Use: R-3 in a C-2 zone for 1.5 acres/Timberwood Apartments PH II on South Hospital Drive Chairman Gray declined to direct the public hearing to address the item of business. Vice Chairman Perry opened the public hearing at approximately 7:08 p.m. Mr. Gray represented the item of business. He related that the 1.5 acre tract is adjacent to a 3.1 acre tract on Hospital Drive across from the Jacksonville Towers. He noted that the Board of Adjustment, in late June granted a dimensional requirement variance for R-3 (multi-family) construction on the lot. Vice Chairman Perry pointed out that Tract B is indicated on the Plat as Phase II. There were no negative comments from those in attendance. He closed the public hearing at 7:11 p.m. City Engineer Duane Reel stated that as far as a conditional use is concerned, the Board of Adjustment granted waivers on dimensional CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. requirements and that they can be met by the developer. He added that this approval will help the development scheme to continue. Commissioner Hardwick moved, seconded by Commissioner Nixon that the conditional use for R-3 in a C-2 zone be GRANTED for the 1.5 acre tract, located on South Hospital Drive for Timberwood Apartments, Phase II, as provided by the plat submitted to the Planning Commission. MOTION CARRIED. (Commissioner Walker and Commissioner Bart Gray abstained from the voting process with Vice Chairman Perry voting AYE.) Commissioner Gray addressed the Planning Commission as Chairman at this time. b. CONDITIONAL USE: C-2 permitted use in a C-1 zone/restaurant at 1114 North First St. He opened the public hearing at approximately 7:14 p.m. Mr. Craig A. Woods, who resides in North Little Rock, voiced that his barber shop business is located at 1118 North First Street in Jacksonville, Arkansas called "The Flight Line". He said that the building adjacent to said business is addressed as 1114 North First Street and previously housed the barber shop at 1118. He said that his goal is to create a snack bar for waiting customers. He said there would be no inside dining adding that a barbecue grill will be located outside. He gave the approximate square footage of the building as four or five hundred square feet inside. He related that removal of a wall to create space for a refrigerator and a microwave is planned and that paper plates etc. will be used instead of dishes. Health Department approval has been given according to Mr. Woods. There were no negative comments from those in attendance. Chairman Gray closed the public hearing at approximately 7:17 p.m. It was determined in conversation between the Commission and Mr. Woods that there would not be drive-thru service with regard to take-out service, but that picnic tables will be outside to serve overflow patronage with regard to the barber shop from 9:00 p.m. to 6:00 p.m. Mr. Woods related that there is an open field behind the shop and that no traffic is planned for the area. He said there is ample parking. Commissioner Nixon moved, seconded by Commissioner Piggee that the C-2 use in a C-1 zone be permitted with the following conditions; CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. that no additional curb cuts of Highway 161 and with operation from 9:00 a.m. to 6:00 p.m. MOTION CARRIED. a. PRELIMINARY PLAT: Timberwood Subdivision Apartment Complex on South Hospital Drive (Petitioners: Arkansas Multi-family Housing LLC) Tommy Bond of Bond Engineering Firm, representing the developer, stated that a full set of plans have been submitted to the Water Department and the Sewer Department for their review as well as City Engineer Reel. He said that the request of the Sewer Department will be complied with by the developer as well as the Water Department and those of City Engineer Reel. He related that the relocation of sewer and water lines, widening Hospital Drive and building curb and gutter is encompassed in the development. He said that a retention basin for storm water run-off is also included as well as sidewalks. It was pointed out that the sidewalk across from the Towers building to Mega Market will remain as indicated on the plat. Mr. David Howland of Architects Collective representing LLC Investments introduced himself and commented that he is working for the developer and Mr. Bond as the project progresses. Commissioner Corroum questioned whether or not the Fire Department has approved the project. Mr. Bond related that the flow tests indicate 2,700 gallons per minute for the two existing fire hydrants and that in the relocation process the same size lines will be used as those in use at this time. Commissioner Nixon moved, seconded by Commissioner Perry that the Preliminary Plat of Timberwood Subdivision Apartment Complex on South Hospital Drive be APPROVED as submitted. MOTION CARRIED. DEVIATION IN AGENDA: BUILDING PERMITS: Timberwood Apartment Complex on South Hospital Drive. In response to a question posed by Chairman Gray regarding dimensional requirements, City Engineer Reel related that his office has not received a complete set of plans as yet showing the actual layout of proposed construction. He pointed out that the plot plan before the Commission shows the buildings within the minimal R-3 zoning dimensional requirements. He stated that after the building permit approval a complete set of plans will be CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. reviewed by himself and the Fire Marshall for suggestions to the architect regarding adjustments if any. He related that the complex contained 56 units, adding that code requires 84 parking spaces. In responce to a question posed by Commissioner Piggee, David Howland of Architects Collective related that he did not foresee any problem meeting any additional requirements (if any) from the City Engineer. Chairman Gray stated that without a survey site of the buildings the overall concern for the Planning Commission is the setbacks and locations adding that the City Engineer and Inspection Department to further peruse coordinate plans when submitted. It was noted that the building will have sprinkler systems. Mr. Howland related that there is room for additional parking if required, after concerns for parking were mentioned by Commissioner Hardwick. He then related that the complex will consist of a combination of one, two and three bedroom units. Commissioner Piggee moved, seconded by Commissioner Walker to approve the building permit request from Arkansas Multi-Family Housing, LLC. for the proposed apartment complex on South Hospital to be completed with further review from City Engineer Reel. MOTION CARRIED. GENERAL: PROPOSED ORDINANCE regarding AICUZ Study APZ Zone I & II Five Mile Planning Jurisdiction consideration Chairman Gray related that there will be a workshop to be confirmed by Metroplan for the 25th or 27th of August regarding land use and zoning, asking the Planning Commissioners to make plans to attend. City Attorney Robert Bamburg presented a draft ordinance for the consideration of the Planning Commission regarding creation of an overlay district for areas affected by the AICUZ study. He related that the ordinance will create a new section for the Jacksonville Municipal Code Book chapter 18.66. et. al. He briefly reviewed applicability, purpose and creation of an overlay district, population and development density, building and construction provisions, restrictive and prohibitive uses, enforcement, and penalties as addressed in the draft ordinance. include the wording of the "Jacksonville Planning Jurisdiction" specifically naming the Clear Zone, APZ I and APZ II. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. Chairman Gray asked that the section for applicability He said that the area includes the five-mile limits as negotiated the common boundaries negotiated between Cabot, Sherwood and all of Jacksonville, even south as it works through the common boundaries of North Little Rock. He pointed out that a metes and bounds legal description being prepared at this time by Mr. Tommy Bond and City Engineer Duane Reel are not complete as yet. He stated that it would be included in the ordinance by reference. He said there are restrictions already in place with regard to permitted and conditional uses in the Clear Zone, APZ I and APZ II. City Attorney Bamburg suggested that a similar chart like the one in the AICUZ Study, be added under 18.66.050 in the ordinance. Chairman Gray suggested that churches be included in the conditional uses listed in the ordinance adding that each conditional use would be given consideration on a case by case basis. Discussion next ensued with reference to 18.66.030, Population and Development Density especially the wording of "no more than one house per acre". The final consensus of the Commission was that the restriction of "no more than an average of one house per acre" refers only to the Clear Zone, APZ I and APZ II unless otherwise restricted. Commissioner Hardwick questioned the insulation factor with reference to 18.66.040.-Building and Construction Provisions. There was discussion and the consensus of the Planning Commission was that information be used to formulate a definite R factor number, understood in the building profession, rather than the WYLE Research Study. Storm or insulated windows, the R factor in stick built and manufactured housing and whether or not the SBC addressed sound insulation were all mentioned in the discussion. It was suggested that Engineer Gilliam from the LRAFB might be a good resource of help to the Commission in arriving at a solution to the wording. Commissioner Walker related that he found the Wyle Report to be pretty much the norm and standard for the building industry today. It was determined that the current addition of the Southern Building Code is adhered to by the City of Jacksonville. City Attorney Bamburg pointed out that 18.66.060 provides for enforcement through the Jacksonville Code Enforcement Office under the Code and State Law regarding sound insulation. He said it does CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. not tell them that building inspections, plumbing and electrical inspections, the whole process as done inside the City limits is to be carried out in said zones under discussion, but that sound insulation and window insulation as in the WYLE Report do apply. Commissioner Nixon requested that the specific year date of the AICUZ Study, under Section 18.66.010, be included in the second paragraph of the ordinance. She asked that the last line under that section be changed to read "however no condition and/or use shall be construed as a violation of the terms of this Ordinance for as long as said condition and/or use remains in existence. She said that the last three words, "remains in existence" should be clarified in that she felt it could spawn litigation. City Attorney Bamburg said that he would research some language with regard to insurance policies for clarification of the phrase. Commissioner Nixon questioned Section 18.66.050 regarding restrictive and prohibitive uses and asked if a definition could be obtained from the Air Force with regard to "hazardous interference". Next Commissioner Nixon suggested that in 18.66.060 there may need to be the inclusion of "the provisions of 18.66.040 shall be enforced". Chairman Gray explained that an Ordinance will compiled from the different suggestions and that a public hearing will be scheduled before finalization of the same. Mr. Tommy Bond explained the manner in which markings identify the theoretical line, physically, on the different roads in the affected zones. Chairman Gray related that a metes and bounds legal description of the restrictive area is being formulated by Mr. Bond and the City Engineer. Mr. Bond said that it may be that property owners may have to have a fairly detailed legal description in order to accomplish the location of the theoretical line relating to their particular parcel of land. He said that a number of tract corners will have to be located adding that he feels the findings will probably be recorded at the Pulaski County Court House and wind up on the title of properties in the area. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. Mr. Lyndon Whitledge questioned the criteria that will be used by the City in the event a group of people want to meet and have a church service. Chairman Gray explained how a conditional use will be handled according to the Jacksonville Municipal Code. After discussing the overlay and planning area, Mr. Whitledge suggested that 14-56-301 et. al., having to do with zoning, should be dropped from the Ordinance. Mr. Colclasure offered comments that the bird issue is irrelevant unless the LRAFB Lake is filled in, and suggested that it be stricken from the ordinance. He expressed that if today's ethics were applied in the House of Representatives, the law mandating the City of Jacksonville would not have allowed its presentation in the manner in which it was done. He said that he felt code enforcement is not within the jurisdiction of the City of Jacksonville when no City services are provided the property owners. He related that County Planning Commission has jurisdiction that precedes that of the City of Jacksonville. He related that he was concerned that changes giving consideration to the people in the five mile area have not been included in the ordinance noting code enforcement, referencing building codes, the bird issue, and farming. He questioned whether or not a structure in the area may or may not be rebuilt in the event it is totally or partially destroyed by fire. The consensus of the Commission was that rebuilding would not be restricted in Zone I or II. Chairman Gray voiced that the question would be referenced in the "grandfather clause" area of the ordinance. Commissioner Nixon related that it would only be restrictive with regard to residential development if there is more than one structure per acre. It was noted by Chairman Gray that there is a subdivision in the west end, off Hatcher Road, and that it should be specifically CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. addressed in the ordinance in that the lots probably have one residence per half acre. Mr. Colclasure asked that the City "buy him out" at market value unless services are provided as he indicated that the City of Jacksonville would have control of his property. Chairman Gray related that the City of Jacksonville is not in a position to buy property nor restrict the rebuilding of residences or barns in the event they are partially or completely burned. He added that he did not feel that anything being done in passage of the ordinance is having an impact on the ability of property owners to sell or not to sell their property. He explained that the bird issue is according to State law with the addition of the wording of "hazardous condition", relating that code enforcement comes out of the same law. Mr. Colclasure questioned if code enforcement is required by the state law on properties within the specific zones addressed in the ordinance. Chairman Gray said that use of current code enforcement, not additional, is set forth in the State law. He said that sound insulation and practical use of whatever is going on in the areas would be given consideration in code enforcement. Mr. Colclasure suggested that the Code Enforcement Officers not be allowed outside the boundaries of the City of Jacksonville unless they are accompanied by a County Sheriff or State Police so they can have their safety insured. Mr. Whitledge questioned whether or not the times of an "open house" on the LRAFB would fall under the guidelines of the ordinance. Mr. Bowman pointed out wording at the bottom of page one of the proposed ordinance regarding "Accident Potential Zones" as related to insurance. He added that he resents comments by Chairman Gray that property values are not affected by the ordinance. He requested that information from an insurance representative be provided with regard to the APZ in the ordinance. Commissioner Hardwick and Commissioner Corroum said that the zones exist at present regardless of the proposed ordinance and consensus of the Commission was that wording with regard to zones as "APZ" remain with no change. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. Wording at the end of Section 18.66.010 - APPLICABILITY - was suggested by Commissioner Corroum as follows; this would include the rebuilding of a damaged or destroyed structure so long as its original scope is not increased. Commissioner Nixon related that wording from insurance companies may need to be given consideration regarding formation of the ordinance in that area. One property owner questioned whether or not that a portion of the old Hercules Plant is being turned into a wildlife refuge and if that would allow more birds which might hinder aircraft operations. She said that blackbirds migrate through her property in the fall. She questioned if the ordinance would cease to exist in the event that the LRAFB is closed. Commissioner Hardwick voiced that the heading of the ordinance indicates an "Active Duty" operation noting that regular and customary flights are indicated. Commissioner Corroum pointed out that wording may need to be changed to "Active Aerodrome" in that it could become a reserve base with even more activity than the present. Chairman Gray related that he felt the birds would fall under migratory and would not be affected by the wording in the ordinance. Mr. Pete Sisson voiced that one bird is too many. He said that he did not feel anything is being accomplished by the Commission. He related that there is no representation for people who live in the zones being restricted by the ordinance. He said that he felt that wording should be simplified with regard to R factors and the Southern Building Code so that everybody would know what is being talked about. He wanted to make things equal for everybody with regard to burning adding that he does not want the grandfather clause made applicable in the ordinance. He requested that the Air Force specifically give in laymen's terms what they want, adding that he could go with that. He said that he would remove any Code Enforcement Officer sent to his property adding that the City of Jacksonville is giving no other alternative, that he has no representation, and that he will seek legal direction in any event. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JULY 13, 1998 7:00 P.M. - 9:15 P.M. Chairman Gray requested that the City Attorney gather information and that the proposed ordinance be presented at a meeting on July 20, 1998 for review before a public hearing is scheduled. Commissioner Hardwick noted an article in the paper with regard to an overlay district in Northwest Arkansas stating that it is being upheld, "not as a taking". The public hearing was suggested for August 10, 1998. It was pointed out by Chairman Gray that there will be mail-outs to approximately 147 property owners regarding the hearing. ANNOUNCEMENTS: ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 9:15 p.m. Respectfully, Lula M. (Leonard) Hawkins Planning Commission Secretary CITY CLERK-TREASURER