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98 MAY 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 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, and John Hardwick answered ROLL CALL. Chairman Gray answered ROLL CALL and declared a quorum. PRESENT SEVEN (7) ABSENT (1). (One opening on the Planning Commission) Others present for the meeting were Mayor Tommy Swaim, City Attorney Robert Bamburg, Deputy City Clerk Susan Davitt, Marci Wilson, State Representative Pat Bond and Engineer Tommy Bond, Richard MaGee from Metroplan, Alderman Elliott, petitioners, interested citizens, and a member of the press. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Walker moved, seconded by Commissioner Rudy Reid that the minutes of the Regular Planning Commission Meeting of 13 April 1998, the Special Planning Commission Meeting of 14 April 1998, and the Special Planning Commission Meeting of 27 April 1998, be APPROVED with corrections in the spelling of the word (Black's) Law Dictionary, page 6, 13 April minutes and (AICUZ), 27 April 1998 minutes. MOTION CARRIED. REQUEST TO SET PUBLIC HEARING(S): Request made by the LRAFB Historical Foundation to rezone a parcel from R-3 to C-3 (General location south of Vandenberg, north of Hapsburg) Commissioner Corroum moved, seconded by Commissioner Piggee to host a public hearing for 8 June 1998 at 7:00 p.m. during the Regular Planning Commission Meeting to hear the rezoning request from the LRAFB Historical Foundation to rezone a parcel of approximately 15 acres from R-3 to C-3. MOTION CARRIED. REQUEST TO APPROVE BUILDING PERMITS: Bldg. Permit for 80 acres at Coffelt Road and Hwy 67/167 (Petitioner: Recreation Unlimited, LLC) Mr. Jack Caston, Golf Course Planning Consultant, Little Rock, AR was introduced by Chairman Gray. He related that a golf course learning center is proposed off Coffelt Road and Hwy 67/167 with a nine-hole executive course. He introduced Mr. Tom Hansen, a golf pro, and Mr. Mike Moran. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. He said that no change in zoning is requested and that the land use is strictly recreational. Chairman Gray related that this is an 80 acre tract outside the City limits which is not zoned. In response to a question posed by Chairman Gray, Mr. Caston related that after development of the golf course the limited residual acreage may at a later time be considered for residential development and limited to less than one dozen lots. Discussion ensued as to layout of the site plan and Mr. Hansen related that the learning golf center will be much the same as the one at Foxwood Country Club and will offer sixty-five tee positions. He then related that the development would feature a three or four thousand square foot control center and will offer a miniature 18 or 36 hole course creating a family atmosphere. In response to a question posed by Commissioner Nixon concerning the future of Foxwood Country Club, Mr. Hansen said that plans are to compliment Foxwood by creating new players who will patronize the Club. Commissioner Piggee questioned what effect the development would have on City utilities etc. Chairman Gray related that he was not aware of City utilities that adjoin the property. Mr. Hansen pointed out that there is a 6 and 8 inch water line adjacent to the property noting that sewer is about one and one- half miles away and that no extension from existing service is requested, that septic tank is proposed. To a question regarding a proposed bowling alley, the developer replied that he felt that is premature at this time. He related that the intent is to impound water on the property, that no type of metered water is proposed to irrigate the golf course. Fire protection was discussed and the consensus was that a volunteer Fire Department would service the development. Chairman Gray related that the preliminary site plan is for the development of a golf course proposed for an acre parcel at Coffelt Road and Hwy 67/167. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. The general consensus of the Commission was that the developer proceed with his plans for the golf course and bring any additional improvements back for their perusal. Commissioner Corroum commented that a plot plan showing streets, road access, fire hydrants, water lines, etc. would be desirable in such presentations. Commissioner Hardwick expressed appreciation to the developer. REQUEST TO APPROVE PLAT: GENERAL: DISCUSSION: AICUZ STUDY, APZ ZONE I & II, and FIVE MILE JURISDICTION considerations Chairman Gray updated the Commission with regard to the work done by the Commission in arriving at a recommendation to the City Council regarding the mandate handed down by State Law and stated the desires voiced at the last meeting as follows; (1) a formal update from Base Personnel (2) find out information with reference to FAR Part 77 sub part (C) with reference to noise contours (4) seek information from the Air Force, in writing, with reference to any non-conformance in all zones (5) gather information regarding a "Grandfather Clause". He related that all said information is being sought. Chairman Gray noted that the "Wyle Research 89-7 Guidelines for the Sound Insulation of Residences Exposed to Aircraft Operations" was distributed to Commissioners earlier and encouraged them to study the report. He explained that in the early 1990's the Department of Defense started closing various bases around the country as part of the reduction in the Air Force. He said that LRAFB was reviewed in each round of the closures and at that time there was an effort to discover if there was anything that could possibly be done to insure the enhancement of the base as it came to a base closure commission. He said that some of the information that was gleaned from that has to do with compatible air space. He pointed out that Air Force bases around the country have created "Air Installation Compatible Use Zones". He related that a State Law was passed at that time which set forth guidelines for the City to use the planning jurisdiction, to use some of the reference points, as a guide, out of the AICUZ Study as far as creating an ordinance that would restrict or prohibit future uses in the planning area. He read the following from State Law; that interpretations of such ordinance shall take into account such recommendations or studies with a view of protection for the public and maintenance of safe 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. aircraft preparations. He noted that the public hearings are being held in an effort to carry out the mandate set forth in the law for the City of Jacksonville. He pointed out that interpretations of the AICUZ Study can be numerous, that it will be used as a background in the creation of an ordinance, and that the interpretations of the public will be used as well. He said that the desire of the Commission is to create the least amount of change possible for the residents of the area. He introduced Mr. Lucian Gilliam, Deputy Base Civil Engineer of Little Rock Air Force Base since 1994. Mr. Gilliam stated that he had worked at the LRAFB since 1973 adding that he graduated from the University of Arkansas in structural engineering. He addressed the AICUZ Study and informed the Commission and those in attendance regarding the following: AICUZ Study Sec. 3, Paragraph a,b,c,d,e, and f. (a) Any substance which would impair visibility of the aircraft i.e. steam, dust, or smoke (mentioning a cement manufacturing plant) (b) Light emissions, direct or indirect, reflective which would interfere with pilot vision (relating that a concern would be lights on the center line of the runway and aimed straight up at the incoming aircraft) (c) Electrical emissions, which would interfere with aircraft communication systems or navigational equipment (cb radios, ham radios, cell telephone towers, AM and FM radio stations are not a concern) (d) Anything which would attract birds or water fowl which would include but not limited to the operation of sanitary land fields, maintenance of feeding stations or growing certain vegetation (noting a duck hunting club in Holland Bottoms would not pose a problem - normal turkey or chicken raising is not a problem) (e) No structures within ten feet of aircraft approach/departure and/or transitional services (the same requirement as FAR Part 77 sub part c - no structures taller than 500 feet within about 8 1/2 miles of the airfield) 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. He explained that within 7,000 feet of the airfield, the limit is 150 feet, and that between one and one-half miles out and three miles out from 150 feet to 500 feet. He related that neither the Jacksonville High Rise nor the radio tower near Brushy Island penetrate the zone. He said that with the 3,000 ft. clear zone at the end of the runway, the height limit is sixty (60) feet. He noted that the Air Force has easements on both ends of the runways to cut trees that penetrate the zone adding that approximately two years ago about 200 trees were cut from privately owned property off each end of the runway. He noted that on the west side of Hwy 107 there is about 100 trees that penetrate the zone about ten (10) ft. He said that the owner has given permission for the trees to be cut adding that the Base does not have an easement on that particular piece of property. He provided the City the WYLE RESEARCH REPORT WR 89-7, GUIDELINES FOR THE SOUND INSULATION OF RESIDENCES EXPOSED TO AIRCRAFT OPERATIONS, published in November 1989, now on file in the office of the City Clerk, as a source of information for perusal by the general public. He said that good sound installations are found in the WYLE Research Report in Table 3-12, page 3-36, which suggests the addition of acoustically absorptive material to a thickness equal to R-19 to attic space. He explained that the same would be equal to six inches of fiberglass and would make the sound level good for 70 decibels. He added that the use of thermo-paned windows is suggested. Mr. Charles Kent asked about a later noise contour map than that of 1992. Mr. Gilliam replied that there are about 70 thousand flight operations per year adding that the air base is the third busiest in the air force. He said the number of aircraft at the base is about the same as four to six years ago. Mr. Lyndon Whitledge asked for zone line clarification noting that of six maps in his possession the location of his church, with regard to zone lines, is still unclear. Mr. Gilliam said that the assessors office prepared the maps on display in the Council Chambers. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. It was suggested by Mr. Gilliam that a U.S. Coast and geodetic survey map, a TOPO map, would be very accurate, or a geology map to be sure about the location under question. Mr. Richard Magee voiced that the assessors office was mainly intent on identifying property owners. Mr. Gilliam said that the Air Force has not tried to pinpoint, that they are interested in 15,000 feet out and 3,000 feet wide. Mr. Whiteledge contended that the map is wrong on display in the Council Chamber. Mr. Ralph Pridmore stated that the Air Force miscalculated in 1997 and cut some trees located on his private property. Ms. Lila Ruth Pearle commented that trees were cut on her property as well without easement rights. Mr. Charles Kent questioned the definition of the AICUZ zone. Mr. Gilliam said that the zone is about eight miles, 44,500 feet off each side of the runway and in one particular increment, or triangle, it goes 50,000 feet off each end of the runway which is mainly height limitations. He added that, at this time, there are no structures that penetrate the height. Mr. Gilliam related that the requirements for a military airfield and a commercial airfield are essentially the same. Mrs. Mona Stapleton questioned construction requirements about five miles out. Mr. Gilliam said that the Air Force is interested in structures five hundred feet in height or more. Mr. James Farris questioned the similarity of commercial and military airfields. Mr. Gilliam related that studies from Ft. Walton Beach Florida by the Federal Aviation Administration and the Air Force include noise and elevation height and mapping studies. He said that requirements for commercial airfields is called FAR 77, Part C. He said they are identical to an Air Force regulation called AFR 86-14. He said that requirements are the same for large 6 commercial or Air Force airfields. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. Mr. Charles Kent questioned why, with federal regulations in place, is the City of Jacksonville considering an ordinance to regulate anything in the five-mile area. Mr. Steve Griffin posed a question regarding height regulations. Mr. Gilliam stated that the center line of the center of the runway at the LRAFB is the beginning point for measurement which is 311 feet of elevation. With reference to his personal dwelling, Mr. Gilliam said there would be a limitation of 400 feet. He said that Mr. Griffin is not out of compliance adding that the Air Force is extremely careful and precise about the glide slope. Mr. Don Bowman questioned the height level for zone 1 noting that he has a non-compatible house on Madru Road and whether or not a survey can be done by the Department of the Air Force to confirm where lines actually run. Mr. Gilliam said there are no problems on the east end of the zone. He said that he did not think the Air Force could run a survey. He said that the Corp of Engineers is doing some other surveys at the present time. He related that there are height easements desired to be purchased which involve a five hundred foot wide sliver. Chairman Gray pointed out that more maps would be sought as comments continued regarding the possibility of those on display being inaccurate. Mr. Gilliam stated that the runway is 311 feet above mean sea level in reply to a question by Mr. J.W. Huffman. Chairman Gray thanked Mr. Gilliam for his participation. He read a letter from Attorney Mike Wilson which is on file in the office of the City Clerk. Commissioner Nixon related that she did not feel inspections regarding sound requirements should be the responsibility of the City of Jacksonville, that is self policing. Commissioner Walker pointed out that for the most part, the sound installation basically falls in the catagory of normal building 7 practices. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. The Commission by common consensus agreed that regulating building activity in Pulaski County is not their interest. Commissioner Hardwick brought up the point of height restrictions. Chairman Gray voiced that he did not feel the intent of the Commission is to set up a building inspection program in the county outside the city limits. Chairman Gray reiterated that State Law has mandated that the City of Jacksonville set some guidelines with regard to the five-mile planning jurisdiction. Mr. Gilliam related that from the viewpoint of the Air Force, on the east and west end of the runway, there are no places in APZ 1 or 2, that is a problem. He said that there is a subdivision, covering a very small area, on the west end in APZ 2 that has one house on less than an acre. He said that in a conversation with the general at the base there is nothing in APZ 1 or 2 at present out of compliance. He said that a high-rise apartment building with approximately 40 or 50 people per acre would be of concern to the Air Force. Chairman Gray introduced Mayor Swaim and requested that he address the matter of annexation. Mayor Swaim would not promise that annexation would not take place in the future noting that Sherwood, North Little Rock, and Jacksonville are always expanding. He did say that the City of Jacksonville did a survey regarding fire and police protection, sanitation, drainage and streets. He said that it would have cost over a million dollars to open up and start the services for the area under survey. He pointed out that State Law sets forth, when an area is annexed, that a begining date of services will be provided. He related that the City does not want to go into an area that will cost the City over a million to a million and one- half dollars. He said that if ten thousand acres were annexed, the City of Jacksonville would not get any tax dollars to help with providing the protection for residents as mentioned previously. He said that the City of Jacksonville does not charge a real property tax, noting that millage tax, voted on in the past, does aid in police and fire retirement. He said that a sales tax or business would 8 generate some funding to the City. He pointed out that the City does not want to take anybody's land adding that a tremendous CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. amount of service would have to be provided for it. He added that the survey done by the City negated building one sub-station for both fire and police. He said that fire trucks and police cars would have to be purchased noting that someday there will be growth. He said that there is more than one reason for annexing the remainder of the LRAFB explaining that a portion of Vandenberg was outside the City limits and complicated protection efforts. He said that base closures influenced the decision as well noting that the Quorum Court gave approval of the same. He said that the five-mile jurisdiction has been in place for years. Mr. Bowman commented that he felt the City is interested in controlling the area more than annexing it, which Mayor Swaim denied in that there is no gain for the City in annexation. There were comments regarding crime and passage of the law that mandates some action by the City of Jacksonville. He related that the City did not have to have any public hearings, that an Ordinance could have been passed and put in place without contact with any property owner in the area. He said that is not the way the City wants to do business noting that four meetings have been held with opportunity for input from anyone. Mayor Swaim pointed out that the law setting forth the mandate for action by the City of Jacksonville was passed in 1995 after going through proper channels. Mr. Charles Kent questioned why, with everything in place at this point in federal law, does the City of Jacksonville need to pass an ordinance regarding the five-mile planning jurisdiction. It was pointed out by one citizen that persons in the area cannot vote for elected persons in the City and questioned how the City can have jurisdiction over that area. Mayor Swaim replied that State Law passed in 1957 gives every city in the State of Arkansas five-mile jurisdiction. He said that the jurisdiction is given so that cities may aid in planning of the five-mile areas. He related that the law says that one house per acre is permissable. 9 He noted that any tax collected from the area, with reference to gasoline, would have to be used on roads alone. CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING MAY 11, 1998 7:00 P.M. - 9:00 P.M. Chairman Gray reiterated that it has been clearly stated that annexing the area is not the intent of the City of Jacksonville as voiced by the Mayor and the Planning Commission. He explained that the five-mile radius has to do with development, subdivisions. He said that if one (1) house is built the City will not enter into the matter adding that if a tract of ground is subdivided, putting in streets or utilities, then the project should come before the Planning Commission. Mayor Swaim said that the law says that the City can regulate the development of the land. A question was presented regarding putting two houses on one and one-half acre. It was noted that perk tests, approved by the County Health Department, will be the determining factor in the matter. Chairman Gray thanked Mayor Swaim for his input. He pointed out that the next process the Planning Commission will be working on will include obtaining a map that will make everyone feel comfortable, and a continuation of hearing from owners who live in zones 1 & 2 with input from the Commission referencing the WYLE Research Report. He added that a written response on any conflicts that may exist as noted by the LRAFB will be sought as well. He pointed out that the meeting will begin at 7:00 p.m. on 8 June 1998 at City Hall. Mr. Piggee commended Chairman Gray for his efforts in conducting the meetings, and guiding the Planning Commission as they work through the mandate. ANNOUNCEMENTS: ADJOURNMENT: Chairman Gray adjourned the meeting at approximately 9:00 p.m. Respectfully, Lula M. (Leonard) Hawkins 10 Planning Commission Secretary CITY CLERK-TREASURER 11