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99 JAN 11.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 1999 7:10 P.M. - 8:17 P.M. OPENING REMARKS: Chairman Gray opened the meeting and announced the re-appointment of Commissioners Bob Walker and John Hardwick. He related the appointment of Mr. Art Brannen to the Planning Commission after a year of respite from his previous term of service. He expressed appreciation for commissioners in service and for those in audience attendance. ROLL CALL: Commissioners: Dana Nixon, Art Brannen, Bob Walker, Lester Piggee, Mark Perry and John Hardwick answered ROLL CALL. Chairman Bart Gray Jr. also answered ROLL CALL and commented that all commissioners have been sworn in, declaring a quorum. PRESENT seven (7), ABSENT (1). (one vacancy on the Planning Commission) Others present for the meeting were City Attorney Robert E. Bamburg, Marci Wilson, Aldermen Gentry, Alderman Howard, and petitioners. ELECTION OF OFFICERS FOR 1999: Chairman Gray announced that nominations for Chairman and Vice Chairman was in order. Commissioner Brannen moved to nominate Mark Perry as Chairman of the Planning Commission. Commissioner Perry nominated Bob Walker as Chairman of the Planning Commission. Commissioner Nixon seconded the motion to nominate Bob Walker as Chairman. Commissioner Brannen withdrew his motion. MOTION CARRIED. Chairman Walker took the Chair and concurred with Commissioner Piggee in expressing appreciation to exiting Chairman Gray. He then asked for nominations for Vice Chairman who serves additionally as the Chairman for the Board of Adjustment. Commissioner Gray nominated Mark Perry to serve as the Vice Chairman. Commissioner Piggee seconded the nomination. MOTION CARRIED. The following are volunteers to serve as members of the Board of Adjustment: Commissioners John Hardwick and Art Brannen. APPROVAL AND/OR CORRECTION OF MINUTES: Commissioner Piggee moved, seconded by Commissioner Perry that the minutes of the December 14, 1998 Regular Planning Commission Meeting be APPROVED. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 1999 7:10 P.M. - 8:17 P.M. REQUEST TO APPROVE BUILDING PERMITS: REQUEST TO APPROVE PLATS: PUBLIC HEARINGS: Proposed Golf Facilities adjacent to the north side of Northwood Acres. At approximately 7:11 p.m. Chairman Walker opened the public hearing. Due to a conflict of interest, Commissioner Gray excused himself from the procedure. Petitioner Mike Moran from Foxwood Country Club related the desire to develop an additional nine hole course with a driving range and golf learning center. He presented a copy of the concept plan and an engineer drainage report to the Commissioners. He briefly related the course will be located to the east while the pro-shop and parking will be more toward the north and south. He related that the drainage is designed to have three outlets that lead into the 65-acre area which will take care of drainage problems that might have occurred in the past. In response to a question posed by Chairman Walker, Mr. Moran related that the existing smaller lake as depicted on the concept plan receives the run off water from Northwood Subdivision and carries it to the north side and out the back. He related that the drainage flow tries to exit out the northeast corner into a 20" culvert under an earth berm which releases water as it fills. He said that he felt this area needs to be looked at closer, adding that he does not feel comfortable with the slow let out of water. He related that the drainage report reflects that the water naturally flows in the direction of the southeast. In response to a question posed by Commissioner Piggee regarding direction from the City Engineer, Mr. Moran related that he has not discussed the project with Mr. Reel as yet. Discussion regarding flooding of the area and location of the floodway and flood zone followed. Mr. Moran related that most of the property is located within the floodway, and there is only a difference of two or three feet in the levels of the property. He then related that most of Foxwood is located in the floodway, which has provided experience in dealing with heavy rains that may last days. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 1999 7:10 P.M. - 8:17 P.M. Chairman Walker clarified that unlike the flood plain, construction of buildings is prohibited in the floodway. Referring to the concept plan, Mr. Moran related that one option would be that the proposed lake connect to the existing Foxwood lake that has a spill way on the east taking water even further away from the properties. Mrs. Irma Rector of 100 Arapaho Place read from a prepared statement, addressing the Planning Commission for the second time, opposing the development of the golf course. A copy of that statement is on file in the office of City Clerk. Some main points outlined in her statement were conflicts of interest she feels exist within the Commission and a lack of adequately addressing issues concerning flood control and drainage. She read from the 1962 City of Jacksonville Wildlife Ordinance and asked if "Foxwood would be penalized for its deliberate, and wilful violation of that ordinance?" Mr. Thad Gray of Bart Gray Realty represented the owners of the property. He related that Northwood is owned by the Jacksonville Development Company consisting of original owner of Mr. Morris Justice who is deceased, Mr. Bartus Gray, Sr. and the family of. He related that a sketch plat of Northwood Acres would have been presented envisioning the development as if it were developed all at once for demand. He presented a sketch plat of Northwood dated 1969 including the undeveloped 65 acres, adding that it took almost ten years to develop in eight different sections. He showed the Commission an un-recorded plat and related that the first lots developed in the early 60 and 70's were those lots that face the freeway. He then related section development and its approval date beginning in 1971 with section one and through section eight in 1977. He said that the overall sketch plan in 1969 depicted the property as envisioned if it were developed all at once; which does show a park in the vicinity of the current pond, however, as the property was developed and recorded as final plot plans, none of the developed eight sections include any of the 65 acres in question. He stated that regarding a preliminary plot plan, a developer must develop and finalize plans within and up to a year or it becomes invalid. He then related that the sketch plat as presented in 1969 was not acted upon for six years. He discussed growth factors of the late seventies and related that given marketing restrictions of that time the 65 acres was never plotted to be a part of any of the phases. He related that verification from Jacksonville Parks and Recreation reveled that at no time was 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 1999 7:10 P.M. - 8:17 P.M. there a property deed to the City or was it taken for maintenance by the Jacksonville Parks and Recreation. He concurred with Mrs. Rector in expressing gratitude to Mr. Jerry Williams for his efforts in the pond area. He related that in looking at the different options regarding the land, the Foxwood expansion would be the most aesthetic and wildlife can still have a home on the property. He said that a residential development would never be aesthetically appealing as what is being proposed. He related that what his company could do with the property verses what Foxwood proposes to do with it, is no comparison. He stated that the main concern, no matter how it is developed, is drainage. He said that with considerations for traffic restrictions and drainage specifications this development is a positive for the residents of Northwood Acres. He then related that in a joint meeting with the neighbors of Northwood it was expressed that traffic and drainage were their major concerns. He presented the final recorded sections of Northwood Acres to the Commission and stated that there is a bill of assurance for each section as it was completed. In response to a question from Commissioner Brannen, Mr. Thad Gray related that since the 65-acres was never developed, it would not have a bill of assurance. Regarding a survey, it was related that Foxwood held an open meeting and invited the residents of Northwood Acres to attend. Chairman Walker clarified that bills of assurance on record are only on those properties developed. In response to a question posed by Commissioner Hardwick, it was related that at this time there has not been any preliminary title work. In response to a question by Commissioner Nixon, City Attorney Bamburg related that the final plats approved at various times do not show requirements for a public park or pond on any particular property. He then said that there is not a recorded deed that can be found, however, a title search has not been done. He stated from his stand point the City does not own property in that area other than street easements. Mrs. Rector related that she and other neighbors did not receive notice of the open meeting held by Foxwood, adding that she did not know the feeling of the entire subdivision. She then mentioned the thirty year period and the recent passage of an ordinance allowing for the proposal. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 1999 7:10 P.M. - 8:17 P.M. Commissioner Piggee questioned the lack of participation from other residents in Northwood Acres. It was noted that the public hearing was advertised in accordance with State law. Mrs. Rector commented on the paper that the City uses for public notices verses other local papers. Chairman Walker stated that public hearing notices are published as prescribed by law. Chairman Walker closed the public hearing at approximately 8:00 p.m. Commissioner Brannen moved, seconded by Commissioner Piggee to table the item until the City Engineer could be present to address issues of drainage. Commissioner Hardwick pointed out that other property was recently approved with stipulations regarding drainage issues, which were to be addressed through the office of the City Engineer. He stated that his understanding of the floodway and flood plain is that the City is responsible for overseeing development compliance, adding that the item of business could be drawn out for a lengthy time given drainage issues between engineers. Commissioner Brannen offered concerns regarding other areas that might be affected by the development regarding drainage. He also mentioned concerns regarding an underground stream. Commissioner Hardwick suggested that FEMA be consulted for more definitive answers regarding flooding. It was noted that the Soil and Water Department is tied to FEMA requirements and is the proper body to address these issues. Discussion followed as to dispensation of the motion on the floor and an approving motion carrying stipulations. Motion received TWO (2) affirmative votes, FOUR (4) negative votes. MOTION FAILED. Commissioner Nixon stated that she does not feel there is a problem with the conditional use as requested and that it would 5 not be a detrimental use of the property concerning protection of wildlife, adding that she would like to see it developed as a golf course CITY OF JACKSONVILLE, ARKANSAS REGULAR PLANNING COMMISSION MEETING JANUARY 11, 1999 7:10 P.M. - 8:17 P.M. rather than a residential home development that would raise the flood plain. She said that the proposed development provides better protection of the environment by leaving the property with lakes, trees and open spaces. She then stated that this would be subject to any requirement established by any applicable and regulatory agency with respect to drainage or any other impact on the environment. Commissioner Nixon moved, seconded by Hardwick to approve the Conditional Use as requested subject to all applicable regulations put into place by regulatory bodies with access from T.P. White and not from Northwood Acres. Discussion ensued as to exactly what these stipulations would mean for the development. There was a call for question from Commissioner Piggee. MOTION CARRIED. Upon being granted the floor, Mr. David Rector commented that in observation of Sherwood and the filling of that area, the flood plain has changed and there will be flooding. ANNOUNCEMENTS: ADJOURNMENT: At this time Chairman Walker adjourned the meeting at approximately 8:17 p.m. Respectfully, Susan L. Davitt Planning Commission Secretary CITY CLERK-TREASURER 6